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Backup Documents 11/18/1997 R]~CC ~F..GUI.A~ I~ETING OF NOVEKB£1~ 18, 1997 N~pL. DaiLy Afflc~v~t of Pu~Ltcatto~ HapLfl DaiLy E~ARD OF COLI~TY COe~ISS:0~ER~ ATTN: HA~qCY SALC~L~ PO BOX 413~6 NAPLES FL 3~10~-~6 ~?~9~7 NOTICE OF PUGLIC ~EE State of FLorida County of CoLLier Before the ~riigned ~t~rSty, per~c~aLLy appeared B. ~, ~ ~ ~th ~s t~t ~ se~e aa t~ A.Jtt~t Cor~rete Secretary of Oe~Ly ~*, m daily ~e~r ~t~ at ~Lel, tn CoLHer C~ty, FLort~: t~t t~ ~r ~ ~tes List~. Aff$~t furt~r .ey~ t~t ~ ~Jd ~t~ a~ ts e ~r ~Lt~ et ~L~, ~n ~d ~,~r ~e ~retofore ~ ~ti~sly ~tter at t~ ~t office Jn ~L~, Co:liar C~ty, FLoHde, foe m ~r$~ of q y~r ~xt prec~$~ t~ first ~LJ~tJ~ of t~ attac~ c~ of ~erti,~t; ~ eff~t furt~r ~ya t~t *he ~s ~t~r ~td dt~c~t, r~te, c~t.t~ ~ ref~ fcr ~r~ae of .curi~ thSa ~.rth~t for PUSLISHEO ~: 11/16 FILE00~: ql/17/97 Ftb~ary 19, ~0 November 18, 1997 COLLIER COUNTY BOARD OF COUN7%'COMIfISSIONERS AGENDA November 18, 1997 9:00 A.M. NOTICE: ALL PERSONS WlS}{~ TO SPEA~ ON ANY AGENI]A ITEM MUST REGISTER PRIOR TO SPEAKS. REQO-ESTS TO ADDRESS ~[E BOARD ON SUBJECTS WHICHARENOTON THIS AGEND;~ MUST BE SU~MI~IqgD IN WRITINGWITH EXPLANATIONT0 ~STRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF THE MqZRTING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" ANY PERSON WHO DECIDES TO AI~PEAL A DECISION OF TI{IS BO~RD WILL NEED A REL-NDRD OF T~{E PROCEEDINGS PERTAIN/lNG ~4]KRL~PO, AlqD ~q]~EFOR]g I~AY ~ TO I~SURE TIIAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICII RECORD INCIXIDES 77{E TESTIMONY AND EVIDENCE UPON WIIIC71 TIlE APPF_2%L IS TO BE BAS ED. ALL REGISTIgRED PUBLIC SPEAKERS WILL BE LIMITED TO F/VE (5) }fII~KFITgS UNI~ESS PERMISSION FOR ADDITIONAL TI~IE IS GllAI~I'ED BY TIiE CHAIP~iAN. ASSISTED LISTENING DEVICES FOR ~lE [IEAR~ II~PAIR]KD;~RE AVAILABLE IN ~lE COUN'I"/ CO~MISSI0~' OFFICE. LUNCH RF_X/ESS SCTIF~KJLED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION Father William Kehayes - St. Katherine's Greek Orthodox Church 2. ?I25DGE OF ALLEGIA/~ICE 3. APPROVAl, OF AGgN5% AND CONSENT Approved and/or Adopted with changes 5/0 4. APPROVAI, OF ~S A. October 21, 1997 - Regular meeting. Approved as Presented 5/0 5. PROCLAI(ATIONS AND SERVICE ;%~[ARI)S A. PROCLAMATIONS 1) Proclamation recognizing Mrs. Christina LonG for her outstanding community service for the donation of 27 Queen Palm trees. To be accepted by Mrs. Long. Adopted 5/0 Page 1 2) 3) November 18, 1997 Proclamation recognizing Pelican Bay Community Park by the United States Tennis Association as an outstanding Tennis Facility. To be accepted by Marla Ramsey, Director of Parks & Recreation. Adopted 5/0 Proclamation recognizing the men and women of the North County Water Treatment Facility Laboratory and Maintenance sections. To be accepted by Mike Newman, Director of Water Dept. Adopted 5/0 Presented 1) Greta Eckerle - Library - 10 years 2) Kenneth Hall - Traffic Operations - 10 years 3) Miguel Herrera - Stof,~water l~nagement - 10 years 4) Maura Kraus - Natural Resources - 10 years 5) Judy Miller - Department of Revenue - 10 years 6) Earlene Weber - County Attorney's Office - 10 years 7) Heidi Ashton - County Attorney's Office - 5 years 8) Ramon Magsun%bol - OCPM - 5 years C. PRF.$ENTAT IONS 6. ;%PPRGVAL OF CLERK'S REPORT A. ANALYSIS OF C~~ TO ~ FOR CONTINGENCIES. 7. UUi~L I C PETITIONS a o Michael J. Volpe represe~ing Lely Community Development District regarding the u~lit of special purpose local government - special election. To b~ brought back Nov. 25 as ~ Resolutio~ 5/0 1) A Resolution by the Board of County Commissioners of intent to participate in Florida's expedited permitting review process for significant economic development projects. Res. 97-436 - Adopted 5/0 B. PUBLIC 1) This item has been deleted. 2) Approve a recommended lightinG option for the U.S. 41 widening project between Airport-Pulling Road and Davis Boulevard, a Page 2 November 18, 1997 Florida Department of Transportation Project, that is currently under construction. Co~.issioner Mac'Kie to work with FDOT and report back 11/25/97. Contractor to {n~tall conduit on both sides of the street. 5/0 C. PUBLIC 9. COUNTY ATTORNEY ' S REPORT Recommendation that the Board consider and approve settlement of Stringer v. Board of County Commissioners Case No. 97-178- CIV-FTM-23D, pending in the United States District Court for the Middle District of Florida. (Continued from the 11/4/97 meeting). Approved 5/0 B. Certificate of Collier County Canvassing Board for the Noven%ber 6, 1997 Initial Election of City Council Members submitted for entry in the record of the 11-18-97 public Board meeting. (County Attorney's request). Appro~ 5/0 C. Board consideration of settlement offer proffered by Florida Wildlife Federation and Collier County Audubon Society in litigation entitled: Florida Wildlife Federation and Collier County Audubon Society v. Collier County and James R. Colosimo, Trustee, Ultimate Land Trust, Circuit Court Case No. 97-2984-CA-01 and Florida Wildlife Federation and Collier County Audubon Society v. Collier County and ~ames R. Colosimo, Trustee, Ultimate Land Trust, Circuit Court Case No. 97-3600-CA-01. (County Attorney's request). Offer rejected. 5/0 10. BOARD OF COUNTY CO~OfISSIO~IERS Discussion regarding Ethics Committee. Ethics Cc~ttee not to be formed - ;~r~ved 4/1 (C¢~is~ioner Mac'Kie o~pos~l) Recommendation to declare a vacancy on the Environmental Policy Technical Advisory Board. Resolution 97-437 declarin~ vacancy - Adopted 5/0 Page 3 November 18, 1997 11. OTHER~ITIFFIO~ALOFFICERS Moved frc~ Item 16H5 A) Approve the use of Confiscated Trust Funds to provide matching funds for a Federal Grant. Al;~roved - 5/0 PUBLIC C(]8~EI1T ON GEN]~qAL TOPICS 1. Mr. Thompson regarding victim of code enforcement. 2. Discussion by Mr. Bowman and Mr. Koscik regarding contract with East Naples Fire District for service for Isles of Capri. 3. Ty Agoston regarding Advisory Boards and Sheriffs Department 800 nun%hers. 4. Mary Dunivan regarding policies of the EAB. 5. Glen Dunivan regarding the Army Corps of Engineers EIS. PUBLIC HEARII~GS W~I~ BE IIEAR/) IMMEDIATELY FOLL(TWING STAFF I~19~S 12. ADVERTIS~ PUBLIC HF2%R/l~GS - BCC A. COMPREIIENS IVE PLAN 1) Petition PUD-92-6(1), Bruce Tyson of Wilson, Miller, Barton & Peek, Inc., representing Pelican Lake Limited Partnership for the purpose of amending Southwoods PUD by changing the name to Pelican Lake; by changing reference to o%~ers; ~l increasing the maximum area of allowable utility/storage facility, and by decreasing the boundary setback requirement for property located on the east side of S.R. 951 in Sec. 15, T51S, R26E, containing 101.34+ acres. Ord. 97-70 - A~ol)ted 5/0 2) Petition PUD-82-29(3) Robert L. ~aane of Hole~ Montes & Associates representing C. C. Naples, Inc., a Delaware Corporation, and John N. Brugger, Trustee, for a rezone from "PUD" to 'PUD", Planned Unit Development known as The Retreat having the effect of amending The Retreat PUD for the purpose of allowing a continuing care retirement community inclusive of specialized health care living units on Tract "B" and making other changes to the amended PUD while consolidating all previous amendments into a new PUD document. The total authorized dwelling units remain the same at 740 dwelling ,units. The Retreat PUD (a/k/a Bentley Village) is located on the west side of North Tamiami Trial (U.S. 41) and extends west to Vanderbilt Drive approximately _ mile north of Wiggins Pass Road in Sec. 9, T48S, R25E, consisting of 208 acres. Ord. 97-71 - Adopted 5/0 Page 4 November 18, 1997 Co Petition SNR-97-1, Rich Henderlong of Kensington Golf & Country Club representing Anton Steiner of Kensington Park PUD, requesting a street name change from High Street to Kensington High Street located in Kensington Park, Phase One, Phase Two, Phase Three A, and Phase Three B of the Kensington Park PUD in Sec. 13, T49S, R25E. (Continued to the ~eetin~ of 12/2/97) 2) A Resolution amending Condition Number One of Resolution 97-03 for a property known as Arbor Lake Club PUD to correct a scrivener's error in the total number of dwelling units approved for the ~said PUD. Res. 97-438 - Adopted 5/0 3) An Ordinance amending Ordinance Number 97-38 to correct a scrivener's error in the legal description for property located in Sec. 8, T50S, R29E, and by providing an effective date. Ord. 97-72 - Az~opted 5/0 13. BOARD OF ZONING APPF,~J~S A. ADVERTISED PUBLIC KEAR/I~GS 1) Petition N~A-97-3, Mr. Edward Terry requesting a non-conforming use alteration in order to allow the property owner to replace an existing non-conforming mobile home unit with a double wide mobile home for property located at 609 Booker Boulevard (Parcel 29) in Sec. 9, T47S, R29E. Res. 97-439 - AdoDted 5/0 Petition CU-96-12, Don Apperson requesting an extension of Conditional Use '1" in the E" Estates Zoning District to allow for a house of worship that has previously re6eived Conditional Use approval for property located on the south side of Golden Gate Boulevard in Sec. 11, T49S, R26E. Res. 97-440 - A~ted 5/0 STAFF' S C(H4MUNICATIONS A. Successful case regarding Collier County and DCA B. Case denied regarding Collier County and Veriviccio C. Item regarding interim Government services fee will be on 12/16 agenda. D. Discussion regarding TDC funds for 1996 golf tournament 15. BOARD OF COUNT"f ~SSI~' C(]~MID4ICATIO~a~ Page 5 November 18, 1997 A. Discussion regarding Clerk and the Judiciary's Budget B. Discussion regarding the Corp of Engineers EIS C. Suggestion to be brought to Productivity Committee regarding assisting the Clerk in resolving problems D. Landfill siting item to be on 11/25 agenda 16. Cf~SENT AGE~DA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a m~m_~e_r of the Board, that item(s) will be removed from the Consent AGenda and considered separately. Approved and/or Ado~tedw/changes - 5/0 A. CC~MUNITY DEVELOPMENT & ~ SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk, Phase Three'. Res. 97-433 2) Request to approve for recording the final plat of Kensington Gardens and approve Petition AV-97-023, the vacation of a portion of the recorded plat of Kensington Park Phase One. Res. 97-434 w/Letter of Credit, Construction and Maintenance A~jreement B. PUBLIC WORKS 1) This item has been deleted. Approve a purchase of grapple truck for collection of waste tires and other debris with Tire Grant Funds, using State Contract 070-700-23-0. Receive Board approval to award contract for median and selected public area grounds maintenance for ~he Immokalee Beautification Bid No. 97-2719. Landsca~ Maintenanco contract only awarded to Co~nercial Land Maintenance, Inc. in the total annual amount of $42,820.00 4) Approve Collier County consent to use agreement with Florida Power and Light Company for electrical power service to ten new water wells for the NRWTP 8-MGD Expansion Project No. 70859/70828. 5) Approve Amendment No. 3 to George Botner, ASLA Agreement for the Davis Blvd. Landscape Beautification Project 60013. Total Cost of Services not to exceed $15,000.00 6) Approve ~endment No.1 to the State Revolving Fund Loan and all Page 6 2) 3) 4) 2) 3) 4) 5) 6) 2) necessary Budget Amendments. 18, 1997 PUBLIC SERVICES Formal approval of Collier County Public Library's participation in Southwest Florida Library Network (SWFLN and permission to sign the Institutional Membership Agreement. Approval of budget amendment recognizing funds received from an insurance claim. Approval of a first amendment to lease agreement between Collier County and State of Florida Department of Health and between Collier County and Collier Health Services, Inc. Amend Chapter 89-449 to authorize activities such as bonfires. Proposed Bill to be presented to the local Legislative Delegation. SUPPORT SERVICES Award Bid #97-2729 for the provision of medications for the Department of Emergency Medical Services Awarded to Sunbelt Med/cal Supply Approval of Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department Approval of a Lease Agreement between Collier County and North Naples Fire Control and Rescue District Termination of Agreement with First Health, Inc. for third party group health claims administration services and approval of an award to Florida First, Inc. to provide such services. To be terminated effective January 1, 1998; Staff to negotiate a contract for oerv~ce with Florida First, Inc. effective January 1, 1998. This item has been deleted. This item has been deleted. Approval to amend the County Purchasing Policy Res. 97-435 COUNTY AU~U.N f ~TOR Budget Amendment Report. BA's 97-507; 98-025; 98-026; 98-038; 98-040 Approve a County-wide facilities Capital Fund (301) budget Page 7 Fo G. 1) Nov~-~er 18, 1997 amendment. BOARD OF CfKJNT~ COMMISSIONERS MISC~,T2UNFX)US CORRESPONDENCE Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 95-2925-MMA, 95-5032-MMA, 95-5683-MMA, 92-0688- CFA, 95-5243-MMA, 95-7014-MMA, 97-4376-MMA, 97-1464-Ml~A, 96- 10334-MMA, 96-10336-~4A, 97-0292-~MA, 97-1627-M/4A, 97-7241-MMA, 97-3242-[~4A, 97-5985-~4A, 97-3680-~4A, 97-5888-MMA, 97-6163- MMA, 97-6246-~4MA, 97-7009-MMA, 97-5744-MMA, 97-5248-MMA, 97- 6995-~4A, 97-1945-M/4A, 97-5222-Mt4A, 97-6289-~qA, 96-6357-Ml~A, 96-5442-~4A, 97-6586-MMA, 96-10204-MMA, 97-0658-CFA, 91-0581- MI, 95-3259-MMA, 95-7015-MMA, 95-3517-MMA, 95-1887-CFA, 96- 5918-MMA, 97-5658-MMA, 97-0034-MMA, 97-5189-MMA, 96-2205-MMA, 97-2105-MMA, 97-4772-MF~A, 95-2603-MMA, 95-1186-MMA. 2) MISCR~.Y~%NEOflS ITEMS TO FILE FOR RECORD WIT}{ ACTION AS DIRECTRD H. (YlgIER CONSTI~'OTIONAL OFFIC~RR 1) 2) Board acceptance of the local law enforcement block grants program award from the U. S. Department of Justice. Board approval of the use of Confiscated Trust Funds for a drug abuse education and prevention program and approve the Fund 602 budget amendment. Board approval of a budget amendment for the use of Confiscated Trust Funds for the Sheriff's Office to purchase specialized equipment (SWAT ,/an and related equipment.) 4) Apprcve a budget amendment for the use of Confiscated Trust Funds for the Sheriff's Office to purchase specialized equipment (Global Positioning System). Moved to Item 1IA ' 5} Approve the use of Confiscated Trust Funds to provide matching funds for a Federal Grant. Approve a budget amendment recognizing Florida Department of Transportation Grant Award #J7-98-06-06-01 in the amount of $133,550. I. COUITFY AT'PORN'EY J. AIRPORT AURTIORI TY 1) Recommendation to approve the attached budget amendment which increases the expense and revenue budget for the obstruction Page 8 November 18, 1997 removal project at the Immokalee Regional Airport and reduces reserves for contingency for the additional funds needed to properly match the Florida Department of Transportation,s grant. 2) 3) 4) Recommendation to approve the attached budget amendment which will create a budget for the contaminated soil removal project at the Marco Island Executive Airport. Recommendation to approve the attached budget amendment which will create a budget for the scrub jay implementation project at the Immokalee Regional Airport. Recommendation to approve the attached budget amendment which will create a budget for the obstruction removal project at the Everglades Airpark. _INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BF, MADE TO THE CO~]~TY ADMINISTRATOR'S OFFICE AT 774-8383. Page 9 ADD: ADD: ITEM 9(B) - Certificate of Collier County Canvassing Board for the November 6, 1997 Initial Election of City Council Member~ subrrfitted for entry in the record of the 11-18-97 public Board meeting (County Attorney's request). ITEM 9(C ) -Board consideration ofsettlem~mt offer proffered by Florida Wildlife Federation and Collier County Audubon Societ7 in litigation entitled: Florida 14'lldlife Federation and Collier County Audubon Society v. Collier County and Jame.~ R. ColoMmo, Trustee, Ultimate Land Trust, Circuit Court Case No. 97-2984-CA-01 and Florida Wildlife Federation and Collier County Audubon Society v. Collier County and.lames R. Colo$imo, Trustee, Ultimate Land Trust, Circuit Court C~aze No. 97-3600-CA-01. (County Attorney's request). PR OCLAMA TI OiY WttEREAS, on September 15, 1997, tie Collier County Board of County Commissioners accepted an offer from Mrs. Long for the donation of twenty;seven (27) Queen Palm trees; and WHEREAS, said donation was utilt,.ed for landscape enhancements at the East Naples Community Park Skate Board Facility (The Sanctuary); and WHEREAS, residents and visttors are encouraged to visit The Sanctuary and to participate tn the recreational programming offered at tie facility. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, DONE AND ORDER~ ~$~lSth ~ that Mrs.~ Long.be recognized for her outstanding community : . ,'~ ?. "~,COLLtER COUNTT, CHAIRMAN PROCLAMATION WHEREAS, on November 3, 1994, the Collier County Board of County Commissioners opened Pelican Bay Community Park to offer recreational facilities and programs for residentt and visitors to Collier County; and WItEREAS, the park is 15 acres in size and has eight (8) Ifghted clay tennis courts, pro shop and restroom faciltties; and WHEREAS, in September, ! 997, Pelican Bay Community Park wa~ awarded an outstanding tennis facilfty designation from the United States Tennis Association; and WHEREAS, this award wa, gtven to only two (2) facllltte.~ tn the United States. This award WtlEREAS, wa*for a small facility category and is based on the quality of layout, type of courts, land~capa and.prbg/'ttt~ i~t. '~tt ti~ fc~. ility; and residentt ~ V. Isitor$ tb visit Pelican Bay County2FIorida, that Pelican Bay Corhmun[[y Park at of Collier ;co'zed by the Board PROCLAMATION WIIEREAS, WilEREAS, WIIEREAS, WIlEREAS, W! ! EREAS, Collier County opel/arcs water treatment facilities to disinfect and chemically condition the County's public water supply in order to protect the public health and prevent damagc to both public and private property; and the Florida Depariment of Environmental Protection is the agency responsible for administering the State of Florida's drinking water program to ensure compliance with State and Federal safe drinking water regulations; and the Regional Office of the Florida Department of Environmental Protection, in order to identify and recognize excellence in the area of water treatment operations and maintenance, holds an annual comprehensive competition within its six county district; and the County Commission through its commitment to provide high quality water has constructed thc new North County Treatment Facility and providcd funding for its proper operation and maintenance; and thc men and Wom~xt their Colllta' County Watcr Department's North Sections havc through ,ted a high levcl of .chance of that WIIEREAS NOW recognition of '~t~, ,b~. ~electcd the · '~ ;ipient of the which was 12, 1997. that the ~ ~women of the ;cctions be .commitmcnt an award from the ional Facility Operation DONE AND ORDERED Tills lgTM Day of November, 1997. A'I'I'EST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY [. HANCOCK, AICP, CHAIRMAN DWIOIq E. BR~:)CK, CLERK RESOLUTION NO. 97-436 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, OF INTENT TO PARTICIPATE IN FLORIDA'S EXPEDITED PERMITTING REVIEW PROCESS FOR SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS. WHEREAS, it is the intent of the Board of County Commissioners (the "Commission") to encourage and facilitate the location and expansion of significant economic development projects which are businesses that create jobs and offer high wages, strengthen and diversify the local economy, and have been thoughtfully planned to take into consideration the proiection of the County's environment; and WHEREAS, the Commission recognizes that such significant economic development projects often involvo activities requiring several permits and approvals and frequently trigger a series of regulatory reviews; and WHEREAS, the Commission also recognizes that such projects often involve multi-jurisdictional issues requiring review by federal, state, regional, and local government entities; and WHEREAS, the Flodda Legislature enacted, and the Governor signed into law, Section 403.973, Florida Statutes, creating the Florida Expedited Permitting Review Process for the benefit of such projects and to encourage the resulting job creation and economic diversification; and WHEREAS, staff, at a public hearing, explained to the Commission and to the public the Florida Expedited Permitting Review Process. NOW, THEREFORE, be it resolved by the Board of County Commissioners that: 1. The Commission intends to participate in Florida's Expedited Permitting Review Process on a project by project basis by executing a Standard Form Memorandum of Agreement for each project with the Office of Toudsm, Trade and Economic Development within the Executive Office of the Governor. 2. The Commission agrees that at least one staff representative will serve on the Regional Permit Action Team (RPAT) established by the Office of Tourism, Trade and Economic Development for each Expedited Permitting Review project in which the Commission participates. This Resolution adopted after motion, second and majority vote favoring same. .~DATED://- ,' .... APPPOVED AS TO FORM AND LEGAL SUFFICIENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: 'l'imothy/~ I-~n~ock;'Chairman Date: //-/,~'~ ~7 Heidi F. Ashton Assistant County Attorney ENTERPRISE FLORIDA PARTNER INFOP, MATION Pr b- 8-a 1' PERMIT STREAM LINING INITIATIVES BACKGROUND Significant progress has been made over the last several years to sm,plify and streamline Florida's regulatory review processes. Key to this progress has been the commitment among the state's regulatory agencies to provide quicker, less costly and more predictable permit approvals without reducing environmental standards. The processes detailed below build upon khis progress by further improving the delivery of regulatory information to Florida businesses and streamlining permit procedures for important economic development projects. KEY ELEMENTS EXPEDITED PERM1T REVIEW PROCESS: A process that allows significant economic development projects to obtain expedited review of all needed state and regional permit applications and, at the option of a participating local government, local development permits or orders and comprehensive plan amendments. Gives responsibility to OTTED for certifying a business as eligfole to use the process. recommendations on which projects should use the process may come from Enterprise Florida, any county or mtmieipality, or REDI. ,. Establishes eligibility criteria for using the process. A business must: create at least 100 jobs, o~, ,'" 50 jobs ifthe project is located in an enterprise zone, in a county which has a population of fewer than 75,000, or in a county which has a population o£ fewer 0uan 100,000 which is contiguous ~o · county hav'~g a population of 75,000 residing in incorporated and un/ncorporated areas of the county; on a case-by, case basis and at the request and recommendation of the governing body of a county or municipality in which the project is to be located, OTTED may allow a business creating a m.hairnum ofl0 Jobs to use the process. Establish~ Regional Permit Action Teams by Meraoranda of Agreement (MOA). The Governor, through OTTED, directs the creation of the~ teams. The MOA is between OTTED ~nd the heads of the Departments of Enviromr~tal Protection, Community Affairs, Transportation, Agriculture & Consumer A_ffair~, Labor & Employment Security, the Game and Fresh Water Fish Commission~ as wcll as the appropriate Regional Planning Council's and Water Management Districts. The MOA accommodates participation by federal agencies, as necessary. '/ At a local govermncnt's option, a special MOA will be developed on a case-by-case basis to allow some or all local development pcrrrfit~ or orders to be covered under the expedited review. Implementation of the local government MOA requires a noticed public workshop and hearing. Qualifed projects receive the following benefits: preapplication meeting of all MOA signatories held within 14 days after eligibility dctermma:~tm at wl.uch apphcant is provided mlb.'-matlon, material:; and ~m;d.:ncc to ensure cxpeditic~us permit approv.,l and local comprehensive plan amendmct:: rcv'~cw. idcnt~ fication of all necessary pen'niB and approvals needed by the project designat:on of a project coordinator and regIonal permit action team contact:;. identifica:ton of the need for any special studies or reviews which may affect thc t~mc schedule. identification of any areas of significant concern which may affect the outcome of the project revie,,v. development ora consolidated time schedule which incorporates all required deadlines, including public meetings and notices. statement of a project's permitability w/thin 30 days from preapplication meeting. final agency action on permit applications within 90 daw from the receipt of completed applicatmn(s). ' waiver of twice-a-year limitation on local comprehensive plan amendments. exempts certain new projects from DRI rev/ew when at or below 100 percent of numer/cal thresholds. encourages the use of existing DRIs by doubling substantial dev/afion thresholds W~thout triggering additional lengthy and costly review. waiver of/nterslate highway concurrency with approved mitigation. allo',~ any challenges to agency final approvals to be funneled into a single consolidated hearing. Provides a special assistance pi'ocess for REDI counties. OTTED, working with REDI and the regional permitting teams, is to provide technical assistance in preparing pe-~fits for rural counties. This additional assistance can include providing guidance in land development regulations and permitting processes, and working cooperat/vely with state, regional and local entities to identify areas within these counties which may be suitable or adaptable for preclearanee rev/ew of specified types of land uses and other activ/ties requiring permRs. Prohibits certain types of projects flora using the expedited process. v' a project funded and operated by a local government and located within th~.t government's jurisdiction. · / a project, the primary p~ ofwhich is to: effect the f'mal d/zposal ofsolid waste, biomedical wazte, or b. azardous waste in thc state. produce electrical power (unless the production of electricity is incidental and not the project's primary function). - extract natm'al re.sources. produce oil. construct, maintain, or operate an oil, petroleum, natural gas, or sewage pipeline. F. CONONIIC DEVELOPMENT LIAISONS First enacted m 1993, Secmm 288.021, F.S., provides fl~r thc appointment of Economic Development l.iaisons m thc departments of Transportation. Environmental Protection, Labor & Employment Security, Education, Community Affairs. Management Services, and the Game anti Fresh Water Fish Commission..Each department appointee has general Imowledge of both the state's permitting and other regulatory functions and of the state's economic goals, policies and programs. This person is expected to be the primary point of contact for the agency with OTTED on issues and projects important to the economic development of Florida, including im rural areas, to expedite project review, to ensure a prompt, effective re.~ponse to problems arising with regard to permitting and regulatory functions, and to work closely w~th other liaisons to resolve interagcncy conflicts. For more information contact: Enterpri~e Florida £:rmitling Liaison Coordinator .~25 John Knox Road Atrium Building, Suite 201 Tallaha~see, Florida 32303 (904) 488-6300 Option A cE~IIBIT I . 2[3 INC, Decorative arm Optional banners Lamp sample photos Domus,DMS 40 Decorative pole, Globed lamp ! 8 B 2 Pole Guide SSM8 Round Steel Bottleneck Pole t~ Base Details: Comes with 4 anchor bolts, 8 nuts and 8 washers. Ordering Information Catalogue Nominal ~ectton WeB Weight EPA riling Be. B~t Ar~hor h. m in. mm In. mm l~ kg fl? ~.* ~? in. mm in. mm in. mm Specifications: Pole: made from a one-piece, seamless 5 9/16% round [141 mm) high-tensile carbon steel shaft lealed by e rolled end flattened vertical w~ld teem end welded over and in e 8 5/8'-round [21g mm) hlgh-tanlile cetbon-trteel pole base. The assembly is welded to both the lop and bosom of I steal base. A 4' by 10' (102 by 254 mm) maintenance opening. complete with covet and copper ground lug. is cen- tered 25 1/4' (641 mml from the ground. Joint cover:, made from two pieces of cast e~uminum m~chanicllly fastened to the junction with stainless ariel ~rew~. Bame ¢,o'~lf: made from two pieces of cast aluminum rnech&nically fastened to the base vv~th stainless ste~l screw: Irmish: 'Hot Dip' che,nlcal etching preparation. Lumltal polyester po~vder coat textured finish. Available in 16 standard colors. Durable UV-re~istam e~erlot finish as per a ASTM G7 end ouL~landing salt-sp~ay resistance according to # ASTM D2247 testing procedures. Options: DE: Pole base buried 5' (1524 mm) in the ground. See details on page 65. IS: Provision for loudspeaker outlet PH7: Button4ype ph~oelectri¢ cell Ispecify operating voltage! PHS: Querler-turn ~ photoelectric cell (specify operating voltage) PH9: Shorting cap for single phase only DR: Duplex receptacle (120V line voltage only) OR: DR wilh common ground fau/~ interrupter (120V line voltage only} BAS-2.2: One single banner arm BABS-2.2: One IJngle break-away banner arm BAD-20: One double banner arm BABD-20: One double break-away banner arm Not~: EPA recommendations are calculated according tO AASHTO standarde and include a 30% gust factor. with · ~O-Ib f22.7 kg} load epiC(ed 1' (30S mml above the center of the pole. The maximum EPA rating shov~ is 300 ~cl. ft. Some poles may exceed thi~ rating. ~M~V.I! 18 5.49 59/16 141 0.250 6.4 258 117 30.0 30.0 24.8 15 381 12 1/2 318 1-36 25-914 $$MIV-20 20 6.10 59/16 141 0.250 6.4 287 130 30.0 30.0 18,9 15 381 12 1/2 318 1-36 25-914 $$MIV.Z2 22 6.71 5 9/16 141 0.250 6.4 315 143 30.0 24.2 14.8 15 381 12 1/"2 318 1.36 25-914 $$MIV.24 · 24 7.32 $ 9/16 141 0.250 6.4 344 156 26.2 19.3 11.3 15 381 12 1/2 318 1-36 25.914 $$M~/-25 26 7.93 59/'16 141 0.250 6.4 372 156 21.3 15.5 8.7 15 381 12 1/2 318 1-36 25-914 SSMSV-28 28 8.54 5 9,'16 141 0.250 6.4 400 182 17.4 12.4 6.8 15 381 12 1/2 318 1-36 25-914 8 B 2' LumEc ,,,. ~ltm't~u~ Roacl~ay A.~na SPGCIRCATIONS Option B 8 B 2 LU IYI E I: ,,,. Decor&rive (:(}LI,II'jI,~ COUNTY, I,'L. ~*;O! I I;-I;~ ¢.:r3LJN [Y t)'.";4 1 Non-Decorative II Domus, DMS 40 pole, Non-Globed lamp t- .hr. t}M.~ Pole Guide 8 SPR5 5" (127 mm) Round Steel Pole lOptio~l roumS dee~ive ba~e cover Base Details: I1 1~'° Cornea with 4 am:hot bo~ and 8 nuts a~¢l waaher~ Specifications: Pole: mede from a ¢x~¢~ce S' round (127 mm) tube of high-tensile carbo~ ~1 Naiad by I roll4d ~ fist- ter'~:l ve~icat weld Nam a~l v~lded to b~h ff~e too A2' ~ 4 1~' {51 ~ 11~ mm} maintena~e ~mpl~e with c~er and cop~ ground lug. ia ter~ 20' (~ mm} from the gr~. Base ¢~ made from two pi~es of formed aluminum m~han~al~ laste~d to t~ ~ ~th ~e&nless ~eel ~ 'H~ Di~' c~m~l etching ~m~al ~e~er ~ coat textur~ Available in 16 standard ~lors. ~tlo~: Pole ~r~ 5' (1524 mm) in the g~ou~d ~e ~ails off ~ge ~ Pr~ision for Iouds~ake~ outlet Bu~On-~ phot~l~r~ cell (s~i~ o~ating Quaker-turn W~ Dhot~l~r~ cell Sho~ing ~ for si~ ~ha~ on~ DR: ~plex (12~ li~ voyage one) DR ~h ~m~ grou~ fau~ One ~ngle ~nnet arm One doub~ ~n~r ~: 14 ~u~luminum ~ EPA r~~ ~re ~t~ ~ ~ m~ximum EPA rating sh~ is ~.0 ~. ~ ~ may excud this rating. Ordering Information Catalogue Non~flel S4~flofl W~ll We4~ht EPA t~ ~ ~ ~r num~ h~ ~s 7~ ~ 1~ dze ~ ~ fl. m in. mm in. mm I~ kg ~' ~.' ~' in. mm In. mm In. mm SPft$C-14 14 427 5 127 0.150 38 133 61 28.0 21.0 13.0 11 1~ 2~J2 11 1/'2 292 3J~-20 19-508 SP~-14 14 4.27 5 127 0.1~ 4.6 154 70 30.0 260 16.0 11 1~ ~2 11 1~ ~2 ~4-20 19-~8 ~RSV-I~ 14 4,27 5 127 0,2~ &4 201 91 ~.0 ~0 22.0 11 1~ 292 11 1~ ~2 ~4-20 19-~ S~lS 15 4.57 5 127 0.1~ 3.8 141 64 25.0 19.0 11.0 11 1~ 292 11 S~-IS 15 4.57 5 127 0. I~ 4.6 183 74 28.0 21,0 13.0 11 1~ 292 11 1~ ~2 ~20 1~8 ~V.15 1~ 4.57 5 127 0.2~ ~.4 214 97 30.0 ~.0 19,0 11 1~ 292 11 1~ ~2 ~20 1~-~ SPR~-I~ 16 4.~ 5 127 0 1~ 3.8 148 ~7 21.0 16.0 100 11 1,~ 292 11 1~ ~2 ~4-20 1~8 SPR~-I~ 16 4.88 5 127 0.1~ 4~ 172 78 240 18.0 11.0 11 1~ ~2 SPR5V-16 16 4 ~ 5 127 0.2~ 64 227 103 30,0 26.0 1~.0 11 1~ 2~2 11 1~ ~2 ~4-20 19-~ ~-1~ 18 5.4~ 5 127 0.1~ 3.8 163 74 17.0 12.7 7,~ 11 1~ ~2 111~ ~2 1-~ 2~g14 ~R~ll 18 5.49 S 127 0.1~ 4.S 191 87 20.3 15.2 ~2 11 1~ ~2 11 1~ ~2 1-~ ~g14 ~RSV. 11 18 S.Z9 S 127 O.2~ S.4 252 115 27.9 ~.7 12.7 11 1~ ~2 11 ~R~20 20 6.10 S 127 0.1~ 3.8 178 81 13.4 9.8 S.8 11 1~ 292 11 1~ ~2 1-~ 25-~14 SP~-2O 20 e.10 S 127 0.1~ 4.6 208 g4 16.1 11.9 7,0 11 1~ 292 11 1~ 292 1-36 25-914 SP~V-20 20 ~.10 5 127 O.2~ '6.4 277 126 21.9 16.4 ~.8 11 1~ ~2 11 1~ 292 1-36 2~914 $P~-22 22 6.71 5 127 0.1~ 3.8 193 ~ 10.6 7.~ 4.2 11 1/2 292 11 1~ ~2 1-3~ 2~914 S~SV.22 22 6.71 5 127 0.2~ 6.4 ~3 1~ 17.7 13.1 7.7 11 1~ 292 ;: 1~ ~2 1-36 25-~-14 SPRSV.2S. 25 7,~2 6 127 0.2~ 6.4 340 1S4 13.1 9.5 5.2 11 1~ ~2 I1 1~ ~2 1-36 25/44 S~SV.30 30 S,14 5 127 02~ E.4 404 183 7.2 4.9 2.1 11 1~ ~2 11 1~ ~2 1-36 25-S14 1.67 t. umec r~h~ ¢le~ n~ makn ~:ommendation~ es to U'~ deign ot CO~Cmte ba~e~. L U E11 E:: I: ,,,. Roadway Arms Date: To: From: Re: November 19, 1997 Michael Pettit, Assistant County Attorney Ellie Hoffman, Deputy Clerk Minutes & Records Dept. Settlement of StrinGer v. Board of County Commissioners Enclosed please find two original documents as referenced above (Agenda Item #9A) as approved by the Board of County Commissioners on November 18, 1997. If you have any questions, please feel free to contact me at: (8406). Thank you. Enclosures OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM DISCLOSURE AS A PUBLIC RECORD PURSUANT TO SECTION 119.07(3XI), FLORIDA STATUTES. [DO NOT RELEASE TO THE PUBLIC] To: From: Through: Date: Re; Commissioner Timothy L. Hancock, Chairman, District #2 Commissioner Barbara Berry, Vice-Chairman, District #5 Commissioner Timothy $. Constantine, District #3 Commissioner John C. Norris, District #I Commissioner P~nel~ S. M~:q~ie, District #4 Michael W. Pettih Assistant County Attorney David C. Weigel, County Attomey November 17, 1997 Stringer v. Collier County - Amendment to Settlement On November 18, 1997, the proposed settlement of the referenced lawsuit will be back before the Board. As you will recall, an issue previously arose regarding Ms. Stringer's desire to retain the option to apply for County employment in the future. Generally, in cases where the Board is settling claims of an ex-employee, we do seek an agreement that the employee will not apply for County employment in the future. This is because there may be questions about that employee's performance or the circumstances surrounding the employee's claim may be such that it would make it difficult for that employee to return to County employment in a harmonious and mutually beneficial way. With respect to Ms. Stringer's situati,m, Ms. Stringer did leave County employment in good standing. Further, there appe~ to be no reason that Ms. Stringer could not return to work at some point in the future w/thout any difficulties or ill feelings, especially given that the person who "guided' the decision regarding the well irksT~ector's job is no longer employed by the - continued - November ! 7, 1997 Page 2 County. Accordingly, after further negotiation with Ms. Stringer's counsel, it appears she is willing to agree not to apply for County employment for a period of 24 months following execution of the Settlen'.ent Agreement and further agrees that if she does apply for County employment after that date, she will not sue the County for retaliation if she is not hired. I have discussed these terms with the Community Development Services Administrator and he has no problem with this arrangement (Community Development is the division in which Ms. Stringer would most likely apply for employment if she does decide to apply following the 24-month period). Please understand that the agreement does not preclude Ms. Stringer from suing the County in the future for a separate and new act of discrimination. It simply means that she cannot use past events as a basis for a lawsuit if she is not hired following the 24-month period. Attached to this memorandum is a copy of the revised Settlement Agreement, with the changes set forth in paragraph 10. lfany of you have any questions or wish to discuss this matter in mort; detail, please give me a call and I will arrange to meet with you prior to the Board meeting if at all possible. MWP:gb Attachment CC: Jeff Walker, Director, Risk Management Melissa A. Vasquez, Assistant County Attorney This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on this _~ day of ~'!~; ,h~,-£.n_~ , 1997 by and between Pauline Stringer ("Stringer")and Collier County (the "County"), a political subdivision of the State of Florida, with respect, to Case No. 97- 178-CIV-FTM-23D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between Stringer and the County that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Stringer's employment, cessation of employment or applications for employment with the County. WITNESSETH: WH£REAS, Stringer has filed an action against the County in the United States District Court for the Middle District of Florida, and that action is styled Pauline Stringer v. Board of County Commissioners of Collier County, et al., Case No. 97-178- CIV-FTM-23D (hereafter referred to as the "Lawsuit"); WHEP. EAS, Stringer has alleged various claims against the County in the Lawsuit and the County has filed an answer and affirmative defenses; WHEREAS, Stringer and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Stringer in the Lawsuit, including but not limited to all claims for compensatory damages, reinstatement, front pay, back pay, attorney's fees and costs, and also desire to fully and finally resolve any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Stringer's employment, cessation of employment or applications for employment with the County; %VHEKEAS, Stringer and the County desire .to reduce their compromise of the Lawsuit and all claims that could have been asserted ~n the Lawsuit or that relate in any way to or arise directly or indirectly from Stringer's employment, cessation of employment or applications for employment with the County to a writing so that it may be binding upon Stringer and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties and affiliates; NO%V, THEREFOR£, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Stringer and the County mutually agree to the following: 1. Stringer and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses', by reference into this Agreement and Release. 2. The County agrees to pay Stringer the sum of Forty Thousand Dollars ($40,000.00) in full satisfaction of all claims Stringer has made or could have made in the Lawsuit or that relate in any way to or arise directly or indirectly from Stringer's employment, cessation of employment or ap~!ications for employment with the County. 3. The payment to Stringer of Forty Thousand Dollars ($40,000.00) includes all amounts allegedly due to Stringer from the County for any reason whatsoever including, but not limited to, all back pay, front 'pay, compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Stringer has claimed or could have claimed in the Lawsuit or that relate in any way to or arise directly or .indirectly from Stringer's employment, cessation of employment or applications for employment with the County. Stringer understands and agrees, however, that the County shall treat this payment as one of wages and shall withhold from the $40,000.00 payment all taxes, social security and other withholdings as required by law. 4. Stringer agrees to assist her attorneys in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed immediately upon receipt of the $40,000.00 payment minus the applicable withholdings referenced in Paragraph 3 of this Agreement and Release. 5. Stringer represents and warrants to the County that she has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release, Stringer, on behalf of herself and any and all heirs, executors, administrators, legal representatives and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, Judgments, executions, claims, complaints, legal or equitable .and whether known or unknown which Stringer has asserted in the Lawsuit, had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate in any way to or arise directly or indirectly from Stringer's employment, cessation of employment or applications for employment with the County, up to the time of execution of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act (29 U.S.C. ~ 621 e~ seq.), the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County or Stringer. 7. (a) Stringer acknowledges and agrees that she has never asserted any claim for age discrimination against the County or any County elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns for age discrimination under the Age Discrimination in Employment Act ("ADEA'). Nevertheless, for purposes of complying with the release provisions of the ADEA, Stringer understands and agrees that she may revoke this Agreement and Release for a period of seven (7) calendar days following execution of this Agreement and Release. This Agreement and Release is not effective until this revocation period has expired. Stringer understands that any revocation to be effective, must be in writing and must be sent via telefacsimile to the Office of the County Attorney to the attention of Michael W. Pettit, telefacsimile number (941) 774- 0225 within seven (7) days of execution of this Agreement and Release. (b) Stringer further understands that she is entitled to consider this Agreement and Release for twenty-one (21) days prior to her execution of this Agreement and Release and acknowledges that she have been given the opportunity to consider this Agreement and Release for said twenty-one (21) days. (c) Stringer understands and agrees that she has been advised to consult with an attorney prior to executing this Agreement and Release and has had an opportunity to discuss it with an attorney prior to executing this Agreement and Release. 8. Stringer agrees to indemnify, defend, and to hold harmless the County from and against (i) any and all liability, claims (whether pending or threatened and whether judicial, administrative or otherwise), costs, causes of action, demands and expenses arising out of or based on any breach of this Agreement and Release by Stringer or on account of any representations or warranties made by Stringer herein which are later found to b~ false; and (ii) any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Stringer. In this latter regard, Stringer acknowledges and agrees upon advice from her counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Strinqer under this settlement are solely her responsibility. 9. Except for any claim to enforce the terms and conditions of this Agreement and Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Stringer, her attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, Judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had, now has, or may have in the future against Stringer arising directly or indirectly out of or relating in any way to Stringer's employment, cessation of her employment or applications for employment with the County or any claim or allegation that Stringer has asserted or could have asserted in the Lawsuit. I0. Stringer understands and agrees that she is hereby waiving an7 and all claims she may have to reinstatement or future employment with the County and/or any other entity that is or has been controlled b,, or under common control wish/of the County and further agrees that neither the County nor any of the foregoing entities will, at any time, be under any obligation to employ or contract with her. Stringer also agrees that for the first 24 months immediately following execution of this Agreement and Release by the Chairman of the Board of County Commissioners, she will not seek or apply for employment with the County or any other entity that is or has been controlled by or is or has been associated or under common control with/of the County. Stringer further covenants and agrees that if she does seek or apply for employment with the County or any other entity that is or has been conn£olled by or is or has been associated or under common control with/of the County after this 24 month period elapses, she will not file any EEOC/Florida Human Relations Commission charge or lawsuit based upon retaliation if she is not hired for the position(s) sought. 11. Both Stringer and the County agree to waive the right to seek payment of attorney's fees or costs incurred in the Lawsuit, and both parties agree to pay for their respective attorney's fees and costs incurred in the Lawsuit. 12. Stringer represents and warrants to the County that she is authorized to enter into and that she has the authority to perform the terms of this Agreement and Release and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims she has released and discharged in this Agreement and Release. 13. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Stringer under federal, state or local law, policy or practice, with respect to Stringer's employment, or the cessation of her employment, or in any other matter, or that any of Stringer's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 14. This Agreement and Release shall be governed by the laws of the State of Florida. 15. This Agreement and Release is freely and voluntarily executed by Stringer and the County after they have been apprised of all relevant information concerning this Agreement and Release and afte~ they have received advice of their respective counsel. In executing this Agreement and Release, Stringer and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Stringer and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous language. 16. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 17. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 18. In the event of an alleged breach of this Agreement and Release, Stringer and the County hereby agree that all underlying causes of action or claims of Stringer and the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Stringer and the County .further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 19. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Stringer and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 20. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 21. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or zheir representatives with regard to the subject matter, basis or effect of this Agreement and Release. 22. The parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. 23. The County agrees that, consistent with the Florida Public Records Law, it shall store all records concerning Stringer (other than her official personnel file as maintained in the County's Human Resources Department) with the litigation files in the Lawsuit. The County further agrees that any inquiries directed to the County regarding Stringer's past employment shall be directed to the Human Resources Department or any subsequently designated Department for handling inquiries of past employment and that such inquiries shall be answered with affirmation that Stringer worked for the County, and the periods of employment and positions held. IN WITNESS WH£R£OF, Stringer and the County having executed this Agreement and Release, which consists of 11 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLOR/DA By: 10 Date: THIS SE'I'rLEMENT AGREEMENT AND RELEASE BETWEEN PAULINE STRINGER AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscTibcd by Pauline Strin,e~ before me this ~ day of~ 1997. re of Notary Public · - '- ff Personally Known or Produced Identification Commigg~one. d Name of Notary Public~ (Please print, type or st~np) Type of Identification Produced My Commission expires: Apptoved ~s to fotrn and legal mffic iency: !,,fictmel W. Pcnit Assist,~nt County Attorney 11 MARY W. MORGAN 9 SUPERVISOR OF ELECTIONS CO~.LIER GOVERNMENT COMPLEX 3301 TAM[AMI TP.~,II. EAST NAPLES. FLORIDA 34112-4g02 TELEPHONE: 94 I~774-8~ 50 FAX: 941'~774-~468 November 7, 1997 Hon. David Rancourt, Director Fla. Division of Elections 1801 The Capitol Tallahassee, FL 32399-0250 Dear David: CERTIFIED MAIL SUBJECT: INITIAL MARCO ISLAND COUNCIL ELECTION On August 28, 1997, Marco Island voters incorporated. The initial council election was held by mail ballot Thursday, November 6, 1997, within seventy (70) days pursuant to HB 1729. Enclosed is the Certif'm..,ate of the County Canvassing Board for the Novem- ber 6, 1997 initial election of city council members. Subsection (4)(a) of Section 3.02 of the cit'/charter provides that the seven (7) candi- dates receiving the most votes will be elected to fill the initial council positions. Those seven candidates are identified by underlining on the final report which is attached to the Cedificate of Canvass. Subsection (5)(a) of Section 3.02 of the city charter provides top three members-elect shall serve an initial term ending at noon on Monday following the second Tuesday of March 2002. Those candidates would be: Kjell W. Pettersen, Ruth J. Schuler, and Harry Cowin. Subsection (5)(b) of Section 3.02 of the city charter provides the members-elect whose vote totals ranked them in positions 4 through 7 would serve an initial term ending at noon on Monday following the second Tuesday of March 2000. Those council merm bets would be: John Soidenwagner, Ed Day, David E. Brandt, and E. Glenn Tucker. If you have any questions, please do not hesitate to contact me. Sincerely, Mary W. Morgan Supervisor of Elections Encl. F;~.I :[~OA TA~ C O_1S~97 M,~Jt~L~..,OUNCIL ~)ENTC2 Q~N CERTIFICATE OF COLLIER COUNTY CANVASSING BOARD State of Florida Collier County We, the undersigned, Cynthia Ellis, County Judge; Mary W. Morsan, Supervisor of Elections; and Tim Hancock, Chairman, Board of Coun- ty Commlssloner~, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 6th day of November, A.D., 1997, and proceeded publicly to canvass the Initial council votes given as herein specified at the Mall Ballot Election held on the 6th day of l~lgY_emb_~, A.D., 1997 as shown by the returns on file in the office of the Supervisor of Elections. The instruction to voters was: "Vote for Not More Than Seven (7)." Of the total ~ ballots cast in this initial city council election, Brigitte Abbe-Vignarl Laura ArchazkI-Pactor David E. Brandt Michael F. Brennan Julie Bur, Anthony Carro Bob Chody withdrew Oct. 8, 1997 Harry Cowin Ed Day Louise "Lou" DuBrul Robert E. Dyer Ann-Made Giglio Bill Hammond Chadie Huttinger Michael D. Kelly Peter Masl Michael F. Minozzi, Jr. Richard M. Noblet Bob Nonnenmacher Jeffrey B. Odeli Kirk F. Otto received .~ 5..~ votes; received /, ~! votes; received ~ votes; received received received received received received received received received received recerved recerved recen/ed received received received received received ,~)~ votes; /, ~-~ ~ votes; '/-/~ votes; ~,/ votes; ~.~J votes; ~,/a~_ votes: ~ votes; ~ vote~; ~ vo~es; ?/J votes; 4~/ vo~es: /~ d ~otes; /, J45 votes: ~ vote,; ~ ~ vo~es; Collier County Canvass 2 Nevember I~, 1996 Michael J. Pappaa Priscilla Penn David J. Petrucelli Kjell W. Petter,sen Nick Pisano Constance R. Plotkin Bill J. Putnam Ruth J. Schuler Richard S. Shanahan Phyllis P. Shively Sal Solrmno John Soldenwagner Robert D. Stakich E. Glenn Tucker Karen Urbanik John C. Vecellio Steven W. Vergo Edward A. Welsh 3rd ChdstJne Weaver [withdrawn 11/4/97] received ~-~ ~ votes; received B~:~ votes; received ~[[~ votes; received ~.~'~ votes; received ~ ~G votes; received ~., I '7 votes; received I(~ votes; received ~,, V~O~, votes; received ~ votes; received ~ votes; received I: / / C) votes; received ~,, / ~ ~ votes; received '7~ votes; received I,/ IZ votes: received ~ votes; received / Z,;~ votes; received ,~/,~ r~ votes; received ~/Z votes; received ;~-~ votes. Cyt~thia Ellis. Collier County Judge Timot,h~. _ancock, Chairman Board of County Commissioners Mary W. I~rgan, Supervisor {~f ~:le~tions of the 8,618 elioible Marco voters at the 10/8/97 registration book closing, ~.~_~ participated for e~.~Z.J% voter turnout. o~ ~ · 9 B REPORT ON CONDUCT OF ELECTION Section 102.141 (6), Florida Statutes Collier County, Florida SPECIAL ELECTION by mail ballot per HB 1729 ............ November 6, 1997 1. Did you have any problarr~ which occurred a~ a raault of equipment malfuncflona either at the precinct level or It a counting Iocitlon? I-'lYes [~]No If yes, please explain. Did you have any dlfflcuttlaa or unusual circumstancee encountered by an election board or the canvae.tng board? I-'lYes I~]Ho If yes, please explain. Do you know of Imy other I~obl~Tm which the canva~eing board feel. ehould be made a part of the official electron record? r-lyes r~ No If yes, please explain. Noy'~mber 6. 1997 Date Signed NOTE: Thai rt;X~ Ekcl~l. I~t lat~ th~ 5 p.m. ~ t~ 7th day ett~ an Cy tl~a~"~is: ~-OII~F ~'-o~-~t~ Judge Ma~ W. M an, ~upe~l r of croons ~mothy~a~o~k, Chairman ~ard ~ County Commissioners 9 C EXECUTIVE SUMMARY BOARD CONSIDERATION OF SETTLEMENT OFFER PROFFERED BY FLORIDA WILDLIFE FEDERATION AND COLLIER COUNTY AUDUBON SOCIETY IN LITIGATION ENTITLED: FLOR/DA WILDLIFE FEDERATION AND COLLIER COUNTY AUDUBON SOCIETY V. COLLIER COUNTY AND JAMES R. COLOSIMO, TRUSTEE, ULTIMATE LAND TRUST, CIRCUIT COURT CASE NO. 97-2984-CA-01 AND FLORIDA WILDLIFE FEDERATION AND COLLIER COUNTY AUDUBON SOCIETY I: COLLIER COUNTY AND JAMES R. COLOSIMO, TRUSTEE, ULTIMATE LAND TRUST, CIRCUIT COURT CASE NO. 97-3600-CA-01. OBJECTIVE: For thc Board to consider Plaintiffs' ~,ettlement offer for the recent litigation (2 lawsuits) initiated by thc Florida Wildlife Federation and the Collier County Audubon Society against Collier County and James R. Colosimo, Trustee CONSIDERATIONS: ao Florida tVlldlife Federation and Collier County Audubon Socteo' v. Collier Count)' and James R. Coloslmo, Trustee, Ultimate Land Trust, Circuit Court Case No.: 97-2984-CA-01 is a Petition for Writ of Certmrari filed August 21. 1997, involving a challenge to the grant of a petition for a zoning change for Agriculturely zoned property to Planned Unit Development (PUD) to be known as Twin Eagles PUD by thc Board of County Commissioners. Bo Florida Wildlife Federation and Collier County Audubon Society v. Collier Count)' and Jame~ R. Coiodmo, l'rurtee, Ultimate Land l'rutt, Circuit Court Case No.:97-3600-CA-01 is a Petition for Injunctive Relief filed October 15, 1997, in where Petitioner requests thc Court require the Board of County Commissionc~ to reverse the Development Order approving Twin Eagles PUD (Ordinance No. 97-29). As the Board is aware, there has been a reques't to repeal the Twin Eagles PUD Ordinance No. 97-29 by thc Petitioner, Jame~ R. Colosimo, Trustee of the Ultimate Land Trust. Pursuant to the September 30, 1997 letter of Petitioner, Colosimo through his counsel, thc County is acting procedurally to allow for the restoration of the land affected by Ordinance No. 97-29, to its prior agriculture zoning. Although this effectively render~ both lawsuits "moot" in the sense that the status quo desired by the Plaintiffs in these actions is again achieved, the County Staff and County Attorney believe that thc determination and procedures implemented by thc Board of 9 Exexuti,,'e Sumnm'y FJgle Creek P~ge 2 County Commissioners in both matters sued upon wen: proper and subject to the County prevailing in court ultimately. FISCAL IMPACT: If thc Board were to agr~ to pay thc Plaintiffs' (Florida Wildlife Federation, Collier County Audubon Society) costs and f~es a~ Stated, thc County would incur a cost of $3,5 i 3.16 to achieve outright distain, al of thc cases. If the Bom'd doea not agr~ to thc to'ms stated by Plaintiffs, thc County will incur certain staff and attorney resource costa in responding to Plaintiffs' contentions. There is probability of Plaintiffs' actually obtaining judgment in favor of the fees and costs which arguably could include additional fees Plaintiffs incur to present a case and prevail in the courts regarding costs and fees. It is noted th.,~ typically, the County Attorney would require copies of invoices and time billing rega:'ding review and recommendation for payment of costs and fees. GROWTll MANAGEMENT IMPACT: NONE RECOMMENDATION: The County Attorney does not recommend that the Board of County Commissioners approve payment of attorney fees and costs in lhe amount ofS3,513.16 to the Plainti frs listed hereabovc. Approved by: David C. We/gel ~,~ - County Attorney Date En ,nmen~l & l~n,I U,e I~,, C :,r. Inc. David C. Weigel Collier County Attorney 3301 Tarniami Trail East Naples, Florida 34112-4902 October 30, 1997 Re: Ciorida Wildlife Federation and Collier County Audubon Society vs. Colli'er County et. al. Dear Mr. Weigel: As you know, on August 21, 1997 the Florida Wildlife Federation and Collier County Audubon Society filed a legal challenge to the County's approval of the Twin Eagles PUD re'zoning. Since that filing, thc Board of County Commissioners has begun the process of repealing the ordinance that approved the Twin Eagles PUD. On October 14, 1997 we filed on behalf of our client.e, a complaint for Declaratory and Injunctive Relief under Ch. 163 Fla. Stat. Thc attorney for Tv'in Eagles has suggested that a repeal by thc County of this rczoning would render tim current legal action moot. However, that repeal would not remedy the cost lhat my clients have incurred as a result of the failure of the County to properly consider their ~lministrative appeal of the staff interpretation of the PUD issue and as a result of having to file two lawsuits to protect their rights. Thc Florida Wildlife Federation and Collier County Audubon Society must continue to pursue their existing lel~al remedies in order to recoup the costs they have incurred. 'I'herefore, we could recommend to them that they dismiss their legal challenges only if the Cotmty reimburses them for the costs that they have incurred. To date, those costs are Florida Wildlife Federation's filing fee for the Appeal of Staff's (h'o~th Management Interpretation ($200.00); Collier County Audubon Society's filing fee for the Appeal of StafI's Growth Management Interpretation ($200.00); the filing fee for the Writ of Certiorari ($70.50); the filing fee for the Complaint for Dec larartory and lnjumtive Relief ($70.50); two sheriff summons at $20.00 each: and $2,932.16 in attorneys fees for thc preparation of argument for th,: .sdministrative appeal, attendance at the public hearing, and preparation of the lawsuits. Vhe grand total is $3,513.16. We are asking that you submit this ~e~ement offer to the Board of County Commissioners for their consideration. Therefore our cli~t will dismiss both lawsuits if the County reimbur~s ~ for legal costs incurrcd. Your sincere co.',.sidcration of this offer is appreciated. General Counsel Ja,.d M. C, ordo Environmental & Land Use Law Center IOA November 24, 1997 The Honorable Sammy Hamilton Mayor, City of Everglades 207 Broadway Avenue, E. Everglades Ci~, FL 34139 Dear Mayor Ha. milton: While convened in regular scssion on Tueulay, November 15, 1997, the Board of County Commissioners ~ d~ ~t I~h, tl~ crmtion ofa commil~ to study current Florida ethics laws, and any need for sdditiolml or rt, vi.sed ethic$-r~hsted legislation that would apply to cl~ officials and the co~uct of public bu$~ in Collier County. At that dine, the Commission voted 4-1, with Commissioner Mac'Kie dissenting, not to create a citize~ panel to study cthic~ f:,c public officiab. The general agreen'~nt ~ that th~ State Ethics Commission does a very extemsive, exhaustive and complm investigation of complaints, and Oust turret complaints should run tb6r cota-Je befo~ tbe cuxvent process should be deemed io.$u ~'ficient. I would like to take this ogportunity to ~ you loc your imer~ $uxi input on this very important issue. As always, it's a pleasure working with you. Ill can be ofas$~ to you in the future, plea.~ do not hesitate to contact mc. Commi$1~, Disuict 2 TLH:sf RESOLUTION NO. 97-437 A RESOLUTION DECLARING A VACANCY ON THE ENVIRONMENTAL POLICY TECtlNICAL ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 91-26 creating the Collier County Environmental Policy Technical Advisory Board provides that the Board shall consist of nine (9) members; and WHEREAS, the Board of County Conunissionmos, on June 18, 1991, adopted Collier County Ordinance No. 91-46 which amends Ordinance No. 91-26 by providing that the Collier County Environmental Policy Technical Advisory Board shall consist of eleven (I 1) members; and WIIEREAS, Collier County Ordinance No. 91-26, as amended, provides that any board member who i: absent for more than one-half of the Board's Meetings in a given fiscal year shall be deemed to have tendered his or hm° resignation for such Board; and WHEREAS. the Environmental Policy Technical Advisory Committee has advised the Board of County Commissioners that one member has failed to comply with the requirements set for in Ordinance No. 91-26, as amended; and WHEREAS, the Environmental Policy Technical Advisory Committee voted to request that the Board of County Commissioners affirm thai a ~eat be declared vacant on their Committee; NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares a seat vacant on the Environmental Policy Technical Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: November 18, 1997 ' A:ILFEST: DWIGHT E. 'BROCK, CLERK 'Atap~7oved as aa form and legal ~fffficiency: David C. Weigel ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: o'rm , h. e6 K, CmURM / DCW&n COLLI1KR COUNTY FLORIDA R£QUF. ST FOR LEGAL ADVERTISING O1~ PUBLIC IIKARINGS To: Clerk to the i~zrd: iviense place tbe following as A: Petitioner: ('Name & A:klress): Pelican Lale_ Limited Partncr~hio. 2330 W, $oopa Road. Suite 210. Lulhcrvillc. MI) 21093 Name & Address of an7 W. nc~(s) to be notified I~ Cleflt's Of F~ (If mo~ SliCe___ is noeded, attach separate ~) ?,SLa. Witson. Miller. Barton & ~ lnc_ 3200 R~_t~ i.~ne ~ 200. Nankt FL 3410~ Hearing I:x:fo~ ~ BZA Newspaper(s) to be used: (Complete only ifimpor~m): X3CX Naples Daily News Legally R~uir~l Proposed T~x-~: (Include le~l dcscnl~ioa & common location & Size: Compank)n petition(s), il'any & proposed beating date: Does Petition Foe include ad~,ertising cost7 [~1~ [''=] No If Yes, what accoum should be cha~ged for advertising costs: 113-138323-649110 Rcviewedtr/: ,, // Approved by: Division tlcad Date { - C County Maria&et Dale Li~t Altactunent$: DISTR]BUTIO~I [Tt~TRUCTIONS For bearln~ before BCC or BZA: Initiating per~ to complete one coy and obtain Division Head approval before submitting to County Manager. Note:. Lf lef.~l document is thrived, be sure that any n~ee~ary legal review, or request for tame, Is submitted to County Attorney ~efore submittlnI to County Manager. The Manager'l office will distribute copi~: [] Co~mty Manager algenda file: to [~ Requesting Division [] Original Clerk's OliVe B. Oll~-r hearings: lniUat,ng Division ~ to approve and nd~mit origir~l to Clerk's Office. rexaimng a copy for file. Date Received: ~ 0 Date of Public heating: I { { ~ Dat~ ~: ][ ~ 128 i. o o 386 10-15 15:i~9 8~' 80' Z,6 9265d8~ - 0 ~ ~ 18--16 15:d2 ~81'~ ~ ~ 3 ~12 ~ 1~16 ~:~ ~'57 813 ~2 ~ ~ 1~ ~ ~ 1~-16 14:41 ~01'31 c~l~ ~2i ~ll 391 I~-17 15:~ ~i'~ ~1~1~ ~ ~ ~~ ~ 18-~ 18:15 ~'~ ~ ~ ~1 ~ I ~~ ~3 1~ 1~:1~ ~81'~ ~ ~ ~41 ~ I ........... ~ ~ 19-~ 10:43 ~'49 ~~ ~ 8 ~All ~ 10-21 ~:~ ~01'1~ ~~ · I ~1~ ~ 10-21 ~:13 ~'41 ~~ ~ 3 ~16 ~ 1~21 11:19 ~'~ ~ ~ 3 ~15 October 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central ~venue Naples, Florida 34102 Re: Notice of intent to Consider Ordinance for Petition PUD-92-6(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, November 2, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P. O. #80O551 12B 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ NOVEMBER 18~ 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 AMENDING ORDINANCE NIrMBER 91-102, THE COLLIER COUNTY LA~ DEVELOPMENT CODE WHIC~ INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1615N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER~f FROM "PUD" TO 'PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN LAKE, FOR PROPERTY LOCATED ON THE EAST SIDE OF SR-951, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUN~f, FLORIDA, CONSISTING OF 101.3+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NI3MBER--92-78, AS ~4ENDED, THE FORMER SOUTh-WOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-92-6(1), Bruce Tyson of Wilson, Miller, Barton & Reek, Inc., representing Pelican Lake Limited Partnership, requesting a change in zoning classification for property described above. 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 CO~4ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN Dg~IGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk ( SEAL 12B 1; October 21, 1997 Pelican Lake Limited Partnership 2330 W. Joppa Road, Suite 210 Lutherville, MD 21093 RE: Notfce to Intent to consider Petition PUD-92-6(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearinG. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Bruce E. Tyson October 21, 1997 Bruce E. Tyson, ASLA Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 RE: Notice't,~ Intent to consider Petition PUD-92-6(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Pelican Lake Limited Partnership ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIO}IS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1615N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN LAKE, FOR PROPERTY LOCATED ON THE EAST SIDE OF SR-951, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3+ ACRES; PROVIDING FOR THE REPEAL OF - ORDINANCE NUMBER 92-78, AS AMENDED, THE FOP~ER SOUTHWOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAf, Bruce Tyson of Wilson, Miller, Barton & Peek, Inc., representing Pelican Lake Limited Partnership, petitioned the Board of County Co~%missioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) hUmored 1615N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 92-78, as amended, known as the Southwoods PUD, adopted on October 20, i992 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency MarJc~ie M. St6aent Assistant County Attorney g/P'4D-92-6 I 1; O~* din a~,a BY: TIMOTHY L. HANCOCK, Chairman -2- PELICAN LAKE A PLANNED I/NIT DEVELOPMENT I01.3~ Acres Located in Section 15 Towr~hip 51 South, Range 26 East, Collier County. Florida PREPARED FOR: PELICAN LAKE LIMITED PARTNERSHIP 2330 W. JOPPA ROAD, SUITE 210 LUTHERVILLE, MD 21093 PREPARED BY: WII.SON, MILLER., BARTON & PEEK, INC. 32e,0 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 YOUNG, VANASSENDERP & VARNADOE 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 3410Ii JUNE, 1997 DATE REVISED ~ DATE REVIEWED BY CCPC ~ DATE APPROVED BY BCC ~ ORDINANCE NUMBER 92-78 AMENDMENT FILED_]..i,~ DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS LIST OF EXHIBITS STATEMEN'I' OF COMPLIANCE AND SHORT TITLE SECTION I- PROPERTY OWNERSHIP & LEGAL DESCRIPTION SECTION Il - PROJECT DEVELOPMENT SECTION III - RECREATIONAL VEHICLE LAND USE SECTION IV - CYPRESS PRESERVE SECTION V - GENERAL DEVELOPMENT COMMITMENTS II! I-1 4-1 ~oI 12B I LIST OF EXHIBITS EXHIBIT A EXItlBIT B EXHIBIT C EXtIIBIT D EXttlBIT E PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER MANAGEMENT PLAN (WMB&P, INC. FILE NO. RZ-206a) AERIAL PHOTOGRAPH AND LOCATION MAP (WMB&P, INC. FILE NO. RZ-206b) BOUNDARY AND TOPOGRAPHIC SURVEY (WMB&P, INC. FILE NO. 4J- 241) COMMUNITY SERVICES MAP LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOT'F CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB&P, INC. FILE NO. RZ- 206e) 12B 1 STATEMENT OF COMPLIANCE The purpose of this section is to express thc intent ofthe WMBS&P Profit Sharing Plan and Trust. hereinafter referred to as the Dcveloi:~, to create a Planned Unit Development (PUD) on 101.3± acres of land located in Section 15, Township 51 South, Range 26 F~st, Collier County, Florid& The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN LAKE as a PUD will be in compliance with the planning goals ~ objectives of Collier County as set for'& in the Growth Management Plan. The development will be consistent with the grov4h policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element And olk-r applicable regulations for the following reasons: The subject propen'y is within the Urban Residential Lm~ Use Designation as identified on the Fmure Land Use Mapas required in Objective I, Policy 5.1 and Policy 5.3 of the Future Land Use Element. Thc Future Land Use Element of the Growth Management Plan makes an exception of Recreational Vehicle Campground or Parks from the density rating system applicable to all oO~er residential development, and specifically provides that the density prescribed in the TIRVC zoning district is the density that is allowed. A PUD entirely devoted to recreational vehicle development is for all intent and p~s equivalent to the TTRVC atoning district. Thc project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 ofthe Future Land Use Element. Improvements axe planned to be in substantial compliance with applicable land development regulations as ~,,et forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities And services as required in Policies 3.1 .H and L oft,he Future Land Use Element. The project development is planned to incorporat~ natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 111 The subject prope~ is within tl~ a~ea encompassed by the Stipulation for Dismissal and Set~lememt Agr~-'rnent, daled July 20, 1982, between Deitona Corporation, various agencies of the State of Florida, conservation intervenors, and Collier County, hereinafter referred to as the 'Settlement Agrt~m,m~' SHORT TITLE Yhis ordinanc~ shall be known and cited as the "PELICAN LAKE PLANNED UNIT DEVELOPMENT ORDINANCE". iv 12B I SECrlON I PROPERTY OWNERSHIP AND DESCRIPTION The m of this section is to set forth the location and ownership of the property, ~cl to describe the existing condition of the property proposed to be developed under the project n.amc of Pelican Lake. !.2 LEGAL DESCRIPTIOI~t The select property being approximately 101.3 acres, is described as: Thc south I I00 feet of the north V,, of the north %, of Section 15. Township 51 south. Range 26 cast. lying east &State Road No.951. Collier County. Florida. 1.3 PROPERLY OWNERStlI]~ Thc subject property is cun'ently under the ownership of Pelican Lake Limited Partnership, 2330 W. Joppa Blvd., Suite 210, Lutherville, MD 21093. i.4 GENERAL DESCRIPTION OF PROPERTY ARE~ Ao Thc project site is located in Section 15, Township 51 south, Range 26 east, and is bordered on the we~t by State Road 951, on the north by undeveloped land and Silver Lakes PUD, on the east by property zoned MHSD and on the south by Championship [hive and Marco Shores PUD. B0 'lhe reference and zoning classification of the subject property prior to the date of this approved PUD Document was Southwoods PUD. !.5 PIIYSICAL DESCRIPTIO~ lhe project site is located within South Florida Water Management District No. 6. Natural drainage of thc site is in a northeast to southwest direction. Shectflow from the north is collected by an interceptor ditch located in the Championship Drive right.of-way. This interceptor ditch discharges south and west via the SR 951 right-of-way ditch and a drainage pipe under Championship Drive discharging in Marco Shor~s PUD. The proposed water management system will be the lake detention type. Vegetation on site is predominantly pine flatwoods. A small cypress area. to be preserved, is located adjacent to the eastern property line. Elevations within the site range from 2.3 to 3.8 feet above mean va level. Most of the site averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM Map 120067 061SD. 1.6 PROJECT D~O~ Pelican Lake PUD shall be a Recreational Vehicle OTRV) park with associated facilities which may include, but shall not be limited to, a clubhouse, asaoc~ted recreational facilities and customary accessory tm:a, a cypress preserve and open space as more specifically set forth in Section 3 of this docmnenL SECTION II PROJECt DEVELOPMENT 2.1 2.2 The purpose of this Section is to del~ and generally describe the project plan of devek'-;mem, relatioc-,~ps to applicable County ordinances, the respective land uses of the tracts i.'x:luded in the project, as well as other project relationships. Ao no Do Regulations for devel~t of Pelican Lake shall be in accordance with the contents of this document, PUD-P~ Unit Development District and other applicable ~ectiom ,,qd parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to I:,mvide developrr~,aal standards, then the provisions of the most simil~ district in the County Land Development Code shall apply. Unless othcrw~ defined bert'ilg or as neces,safily implied by context, the definitions of all terms shall be the sam~ as the definitions set forth in the Collier County Land Development Code in effect at the ~ of building permit application. [X'-velopmen! permitted by the approval of this petition will be subject to a conctum~ review under the Adequate Public Facilities Article 3. Division 3.15 of the Coil/er County Land Development Code or its successor provision at the time of building permit issuance. All conditions imposed herein or con~xt on the Master Plan for Pelican Lake PUD am pan of the regul~ons which govern the manner in which the site may be developed. 2.3 2.4 2,5 DESCRIPTIONOF PROJECT PLAN AND PROPOSED LAND USF. S The project Master Plan. including layout of streets and use of land for the various tracts, is illustrated graphi,;ally by Exhibit "A". PUD Master Plan. (WMB&P. Inc. File No. RZ- 206a). Minor variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. The specific location, size. and configuration of individual tracts or recreational vehicle sites shall be dete.,ined at the time of site development plan approval in accordance with Article 3 Division 3.3 of the Collie" County Land Development Code, or its successor provision. PROJECT DENSITY A m,',ximum of 400 T'FRV lots shall be constructed in the total project area. The gross projt;"t area is approximately 101.3 acres. The gross project density, therefore, will be a maximum of 3.9 units per acre. PROJECT PLAN APPROVAL REOUIREMENTS Ao if'VFRV lots axe sold on a fee simple basis, the project shall follow the design and development .,s'mndm~ and review procedures in accordance with the requirements established in Article 3, Division 3.2 of the Collier County Land Development Code or its successor pro dsion. The developer reserves the right to request substitutions to the standards set forth in applicable regulations. Bo If the project is operated as a rental park (no fee simple sale of TTRV lots), the project shall follow the stamtards and review procedures established in Article 3. Division 3.3 of the Collier County Land Development Code. or its successor provision. Appropriate instruments ss'ill be provided improvements regarding any dedications and maintenance of common facilities. at the time of infrastrucn,u'al method for providing perpetual 2.6 ~ Roads and other inf,mstructure may be either public or private, depending on location. capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer, his successors or assignee at the time of County approval. Stamtaxds for roads shall be in compliance with the applicable provisions of County Code 2-2 2.7 2.8 2.9 2.10 regulating subdivisiort~, unless othens~ approved as a substitution during subdivision approval. Standards for roads shall also be in compliance with the applicable provisions of thc .%'~lcmcnt ~ TI~ Developer, his sucx~ssors or assignee reserve the fight to request subs"dtutiom to Code design slandards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed standard.s would be consislenl with the Settlement Agreement standards. The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the Collier County Land Development Code may be reduced with the approval of Project R~4ew Scrs~ces. RIGHTS-OF. WAY Utilization of the rights-of, way for landscaping decorative entrance ways and signage shall be reviewed and approved by Project Review Services prior to any installations. MODEL IlOblF_e~ALF_q CF2Wi-~R Model homes and a Sties Center shall be permissible pursuant to the requirements of Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code or tlx4r successor provision. AblENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be rrmde to the PUD Document or PUD Master Plan as provided in Art/cie 2, Division 2.7, Section 2.7.3.5 of the Colli~ County Land Development Code, or its successor provision. 2.11 ASSOCIATION FOR COMMON AREA MAINTENANCE If the property is to be subdivided into any individual tracts or lots to be transferred to another entity, then in that event, the developer shall creale a property owners association whose function shall include provision for the ~ care and maintenance of all common facilities and open spaces subject further to the provisiom contained herein. Said properly owners association shall provide restrictive covenants concerning the use of the common facilities and open space and shall provide an ax, essment process for funding the maintenance and care of said facilities. 1213 1 SECTION I!i RECREATIONAL VEHICLE LAND USE 3.1 3.2 3.3 The purpose of this Section is to identify specific development standards for areas designated on Exhibit 'A", PUD Master Plan as Recr~ional Vehicle (TTRV), Recreation and/or Open Space. MAXIMUM LOT~ 'IN: maximum number of TTRV lots allowed within the project is 400. L~SES PERMITTED No braiding or structure, or part thereof, shall be erected, altercd or used. or land used. in wholc or part, for other than thc following: A. Principal Uses: Travel trailers, park trailett truck campers, camping trailers, motor homes. conversion vans ~nd any other rtcmafional ,,'chicle not specifically rnemicmed, that is designed to provide temporary or scasonai living quarters for recr~iona/, camping or travel use: One (I) per lot. or site. 2. Commercial earthmining. Any other use or service which is comparable in nan. m: with the uses set forth in 3.3.A. 1. of this documem and which the Development Services Director determines to be compatible in the district. B. Accessory. Uses: Ccts~orrtary uses and structur~ that are accessory and incidental to the uses permitted as of right. 2. One (I) cazctakers r~sidence in conjunction with the operation of the park. Acr.~.~ u~: .and structures customa~ly associated with travel trailer recreational veMcle parks, inclucl~g recreation and social facilities (both buildings including bathrooms, storage (including RV and boat storage), laursdri~ and similar services for r~sidents of'the l~'k. Pedestrian and bicycle paths or other similar facilities co--ed for ptn'IX~es of access to, or pas~3g¢ through the recreation and open space a.l'~. Small docks, piers or other such facilities constructed for purposes of lake recreation. Acces__~ uses and stnsetures customarily assoei~ with travel trailer recreational vehicle lots, including: a) An enclosed utility/storage area not to exceed an area of one hundred (I 00) square feet. Any utility/storage area may be located adjure-hr to its associated recreation vehicle in compliance with the setbacks provided in Section 3.4.C of this doctunent The utility/storage area may be a continuous part ora screened-in porch where such a porch is ar, ached to the vehicle as herein provided. b) An attached screened.in porch elevated or at ground level with a solid roof structt~, architecnu'aJly compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screenod-in porch may provide for any site utility/storage ~ requirements as herein provided and shall not contain any other interior walls. All such screened enclosures mu~ be permitled and constructed according to this Code and applicable building codes. No heating, air conditioning or heater systems or parts of systems including ducts or grills may be cotmnscted or contained in such screened-in porch. · Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal A convenience comsm~ial facility (including store, launch'y and dry cleaning agencies, beauty shops and bather shops) no greater th~n fifteen thousand square feet (15,000) in total land area. This facility shall provide for the exclusive sale of converfience items to park patrons only, and shall present no visible evidence of their commercial character, including signage 3-2 12B 1 3.4 3.5 and lighting, from any public or private street or right or way external to the park. 8. Wmer Management Facilities and lakes. DEVELOPMENT STANDARI}fl A. Minimum Lot Area: 2800 square feet. 5600 square feet for caretakers residence. B. Minimum Lot Dimen~ons: 1. Width: Average of 40 feet 2. Delah: Average of 70 feet C. Minimum Y~I~: Front: Ten (I0) feet Side: Five (5) feet Rear: Eight (8) fcck five (5) feet for an enclosed utility/storage area located on a TTRV lot. From Exterior. Boundary of Park: Thirty (30) feet From State goad 951 or Championship Drive: Fifty (50) feet From Buildings or Structures: Ten (10) feet. no setback from an enclosed utility/storage area adjacent to its associated recreation vehicle. D. Maximum Height of Structures: Thirty (30) feet REQUIRED FACILITIES A. Electricity, cemral water and sewer shall be available to each TTRV lot. Bo A trash container such as a dumpster may be located in areas easily accessible and not obstructed by TTRV lots or the developer or property owners association may contract with a solid waste collection and disposal service. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and fu'st aid equipment is available and a telephone is available for public use. 3.6 OFF STRE~ PARKING RKOUIREMKNTS Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code or successor provision. Parking for accessory uses may be computed at 50% ofthe normal requirements set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or successor provision. 3.7 REOUIRED BUFFERg ho Adjacent to State Road 951 and Championship Drive: An area not less than twenty feet (2fi) in width shall be provided. This area shall include a landscaped area of five feet (5') inside its entire length. The landscape plan for this area will be dc'm~ined at project plan approval in accordance with Section 2.5 A or B of this document. The entire buffer area may be combined to achieve a visual screen between State Road 951/Championship Drive and the TTRV park. A perimeter berm and swale may be permitted within the buffer area. Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be maintained between the proposed on-site road pavement surface running parallel to S.R. 951 and the most easily pavement surface on S.R. 95 I. All other project botuxlaries: A buffer strip at least fifteen feet (15') wide in which ornamen~ screening composed of stmcan-al or plant material shall be prodded. The landscs~ plan for this ~ will be dete, nined at project plan approval in accordance with Section 2.5A or B of this document. A perimeter berm and swale may be permitted within the buffer area. No buffer shall be required between the Cypress preserve ~ the project boundary. C. No buffer shall be required between recreation areas and 'I'I-RV lots. Required buffers shall be rm~tamed and co~d in accordance with the landscape provision~ of Article 2, Division 2.4 of the Collier County kand Development Code. or its successor provision. 3.8 OTttER STAN DARD~ Standards for parking, landscaping, signage, lighting and other land uses not specified herein a~e m be in accordance with the Collier County Land Development Code in effect at the time o£Project Plan Approval as stipulated in Section 2.5 of this document. .i. <. D .t 3.9 PERMANENT LOCATION OF PARK/TTRV UNITS Recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in the Public Record~ of Collier County referencing the PUIYs restriction on permanent residency. Compliance with this provision shall be insm'ed by utilizing the following enforcement ho Lou rented: For tho~ lots that are rented, the park manager shall maintain a regiater of tenants or occupants of the park, noting the duration of the rental arrangemenL This register shall track the occupancy of rental lots, and shall be provided to perso~ employed by Collier County, in an official capacity, upon their reque'$L Failure to provide raid register, duly describing the per, ns who have occupied a lot, and their occupamy shall be subject to the penalties prescribed by Collier County. Bo Lou Sold: For tl'ua~e lots that are sold, the developer/owner of the lots shall include in the sales contract a notice that current z~ning regulations prohibits the use of the lot for permar~ent occupamy. The new lot owner is responsible for registering his or her arrival ~d depa~ from their unit with the manager of the park. Failure m register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.10 PE[LMA.NENCY CONTINGENCY If, after the approval of this PUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.9 of this PUD document shall become null and void. 3.11 FLOOD PLAIN i;:I.EVATIONS All travel trailers, park model travel trailers, recreational vehicles and accessory ~ shall meet flood plain elevation ifpermanently attached to the ground or utility facilities. 3.12 ANCHORING SEWER. WATER AND EI.£CTRICAL CONN CT1ON£ Park model travel trailers must be anchored in aca:ordance with the standards set forth in the Collier County Mobile tlome District (19110 and TrRVC District and other applicable regulations and be connect~ to a public or private water and sewer sysaem. Additionally. such units must olxain electrical service directly from the electric utility authorized to provide such service in Collier County. 3.13 D.F.2~[~/~ fr~en from 1996 Supplement, Chapter 320.01, Definitions, general. Florid~ Smutes.) A. Recreational Vehicle: A unit primarily designed as tem~ living quam. rs for recreational, camping, or travel use, which eittm has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer:. Co D. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the e~erior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 slandm'ds, and 500 squm'e feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means ff, e di.~Umce from the exterior of the front of the body (nearest to the dra~.ba.r m~l coup!lng mechanism) to the exterior of the rear of the body (at the opposite end of the body), including ~ny protrusions. Travel Trailer (includes fifth-wheel travel trailer): A vchicul~' porlable unit, mount~l on wheels, of such a size or weight as not to require 8:~ei~l highway movement permits when drown by a motorized vehicle. It is prirru~ly designed and constructed to provide temporary living quarte~s for recreational, camping, or travel u.~. It has a body width of no more than 8 1/2 feet and an overd~ body length of no more than 40 feet when factory equipped for the road. Camping Trailer: A vehicular portable unit mounted on wheels and cotmn~ted with collapsible partial sidewalls which fold for towing by aiiotheT vehicle and unfold a~ the campsite to provide temporary living quarters for recreational, car, aping, or travel 12B 1 E. Truck Camper: A truck which is equipped with a portable unit designed to be loaded onto. or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which does not exceed 40 feet in length and the height and width limitations provi~ in S. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, can.ping, or travel use. G, Conversion Van: A vehicular unit which does not exceed the length and height limitations provided in S. 316.515, is built on a self-propelled motor chassis, and is designed for recreation. camping and travel use. H. Private Motor Coach A vehicular unit which does not exc_,ved_ the length, width and height Imitations provided in S. 316.515 (9), is build on a self-propelled bus type chassis having no fewer than three load bearing axles, and is primarily designed to provide temporary quarters for recreational, camping, or travel use. 12B 1 SECFION IV CYPRESS PRESERVE 4.1 4,2 The ~ of this Section is to set forth the development plan for the area designated Cypress Preserve on 'Exhibit "A", PUD Master Plan (WMB&P, Inc. File No. RZ-206a). The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. No structure or part thereof, shall be erected, altered, or used, or land used, in whole or in p,wt. for other than the following: A. Pdncipal Uses: 1. Open space/Nature Preserve 2. Boardwalks or lx'rvious paths ?-~'/· ~O~J 'Vat 4-1 1ZB Z S~ON V GENERAL DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 The purpose of this Section is to set forth the development commitments of the project. All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at the ti.',~e of each approval, except as otherwise noted herein. Except where specifically noted or stated othcr~se, az for matters addressed in the Settlement Agreement, the standards and specifications of the official Collier County Land Develoi:nnent Code shall apply to this project. The developer, his successors and assigns shall be responsible for the commitments outlined in tiffs document. The developer, his succes.~Jrs or assignee shall agree to develop in accordance with Exhibit "A". PUD Master Plan and the regulations of the PUD as adopted, and any other conditions of modifications as may be agreed to for the rezoning of the property. In addition, the developer will agree to convey to any successor or assignees in title, any commitments within this agrccm~t. Ao B. Exhibit A, P.U.D. Master Plan (WMB&P, Inc. File No RZ-206a) is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the fi~ design may satisfy project criteria and comply with all applicable requirements of this ordinance. Co All necessary easernen~, dedications, or other instruments shall be granted to insure the continued operation and main~ ofall service utilities. Site design r~fimanents shall be permitted subject to County staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties. Amendments to the P.U.D. Maturer Plan and document shall be accomplished in accordance with Article 2, Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its successor provision. 5.4 5.5 POLLING P LACFA8 Pursuant to Article ], i~vision ].2, Section ].2.8.].14 of the Collier County Land Development Code or its successor provision, accommodation shall be made for the futu~ use of tmilding space within common ~'eas for the purposes of accommodating the function of an electoral polling pL~e. An agreement shall be rec~ in ~ official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners associations, or tenants a.ssociafions. This agreement shall provide for said community recreation/public building/publie room or similar common facility to be used for a polling place if determined to be ne. cessary by the Supervisor of Elemions. MOB?iTORING REPORT 5.6 An annual monitoring report shall be submitted pumaxnt to Article 2, Division 2.7, Section 2.7.3.6. of the Collier County Land Development Code or its successor provision. TRANSPORTATION The development ofthe PUD Master Plan shall be subject to ~ governed by the following conditions: The Developer, his successors or assignee shall provide local level street lighting at all project entrances. The Developer, his successors or ~c~signee shall be responsible for the payment of impact fees for both the exc~v~uion phase of the development and for the lot development at the ~ and in the manner stipulated by Ordinance 92-22. All entrance turning radii should be at least 50 feet to accommodate the larger vehicles expected in this type of development. Work within and improvements to S.R. 951 shall be coordinated with and pc, mined by the Florida ~t of T~rtation. 5.7 WATER MANAGEMENT The development ofthe PUD Master Plan shall be subject to and governed by the following condition.s: 12B 1 The Developer, his successors or assignee shall adtm'e to the requirements of Exhibit E - 'Conee~ Drainage Design Criteria" of the Stipulations for Dismissal and Settlement Agreement dated July 20, 1982. Should the South Florida Waxer Management District, or any other agency, during its review process require significant changes to be made to the site plan and/or the water management facilities, Collier County reserves the right to re-review the project and have it heard by the Environmental Advisory Board. Co A twenty (20) foot maintenance easement shall be provided to allow maintenance aca:ess to the lake. A littoral shelf shall be provided off the lake equal to 1~/o of the shoreline. The type, quantity and spacing of plants shall be submitted to Project Review Services for approval. E. The commercial excavation permit cannot be issued until the Planned Unit Development Petition No. PUD-92-6 is approved by the Board of County Commissioners. 5.8 ~ Thc development of the PUD Master Plan shall be subject to and governed by the following conditions: ho Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, consm~ted, conveyed, owned and maintained in acco~ with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distritmtion and sewage collection facilities to be constructed will be custo~ of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position la provide water and/or sewer service to the project, the water and/or sewer customers shall be ~ of the imerim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. The on-site water distribution E,stem to serve the project must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the followh:g features shall be incorporated into the distribution system: 5-3 5.9 Dead end mains shall be eliminated by looping the internal pipeline network. Stubs for future system imerco~on with adjacent properties shall be provided st locations to be mutually agreed to by the County and the Develope~ during the design phase of the project. Do The existing off-site water facilities of the District must be evaluated for hydraulic capacity to se~e thi~ project and reinforced a.s required, if necessary, consistent with the County's Water Maslm Plan to irma~ that the District's water system can hydraulically provide a mftieiem quantity of water to meet the anticipated demands of the project and the Districts exiaKng committed capacity. Thc existing off-site sewage transm~ion facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boumlary to provide adequate capacity to transport the additional wa.stcwater generated without adverse impact to the existing transmission facilities. ENGINEERING The development of the PUD Master plan shall be subject to and governed by the following conditions: '1"1~ Developer, his successors or assignee shall adhere to all requirements of the Dedication dated October 31, 1990 between Wilbur M. Christiansen, Jr. and Gary L. Danca and Collier County as recorded in O.IL Book 1572, Pages 2253 through 2257. Bo The Developer, his succcsson or assignee shall adhere to ali applicable requirements of the Stipulation for Dismissal and Settlem~t Agreement dated July 3O, 1082. 5.10 ENVIRONMENTAl. At such time as the Developer, his successors or assignee has prepared final construction plans (site development plans, construction plans/plat) for any pha~ of the proposed development, the Develolaer, his successors or assiga~ shall submit such plans to the Florida Deparm~nt of Envirtm,.mm~ Regulation, South Florida Water Management District, arm the Conservancy Inc. in accordane~ with the provisions of the 'Stipulation for Dismi,~--------~M and Settlement Agreement" dated July 20. 1982. The Commercial Earth Mining and TTRV uses are to be independently subject to the time limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that each use shall require compliance with said provision of the Land Development Code. Should either primary use fail to nwet the criteria set forth for project commerr, ement in earnest, then the entire PUD shall be subject to review under Section 2.7.3.4. SOUTHWOODS 12B ~ o ', c'3C) U'THVVOODS COMMUNITY NAPLES MAP. 12B I ¢cxJ~"ry T Rff./LTI~.N"r SUBJEC'~ 'PROPERTY SHERIFF SUBSTATION 0 FIRE DEPARTMENT $cc~e: SCHOOLS I. LELY ELEMENTARY SCHOOL 2. EAST NAPLES MIDDLE SCHOOL :3. LELY HIGH SCHOOL 2 N EXHIBIT D It i -$ 12B i i SOUTHWOODS LANO$CAP£ ~}ERM 8 ~UFFER STATE. ROAO 951 ~ MARR~TT CL~ O~E 128 ATTg: RAIICY SALO~J~ IEF En£~CE: CX~ 57~7~7 NOTICE C~ INTENT TO ferK)r4LLy kJ~ov~ ~/ ~ ;fid A~ 12B 1 ORDINANCE 97- 70 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1615N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN LAKE, FOR PROPERTY LOCATED ON THE EAST SIDE OF SR-951, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3+ ACRES; PROVIDING FOR THE REPEAL OF - ORDINANCE NUMBER 92-78, AS AMENDED, THE FORMER SOUTHWOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Bruce Tyson cf Wilson, Miller, Barton & Peek, Inc., representing Pelican Lake Limited Partnership, petitioned the Board of County Co.missioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 1615N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 92-78, as amended, known as the Southwoods PUD, adopted on October 20, 1992 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 12B 1' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~-day of y~~t~, 1997. ATTEST: . .D~IG ~T..t;:'~K~! Clerk ;,~.;,," .,-.~i I ¢ ~ ,-.-:'.3,- ' ... .:,---. ~ ---,- --------.;~.~.,,.~?://: ',: '- :,~.-.{..-~.~.: ,': :.. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTH~/~. HANCOCK, Chairman 12B STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-70 Which was adopted by the Board of County Commissioners on the 18th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of Novend)er, 1997. DWIGHT E. BROCK ..' ' .- ,cj ~' ".. Clerk of Courts and Cherk' Ex-officio to Board.hr '"'' ' ' '- County Commission~.". ..'. ,,',. ,' By: /s/ ~o~: .~u~, · ,' ?', ·; .-" Deputy Cl~r)~.".; "": "<'"', · . ."' ". '.,'i ".'~ '' ..", 12B 1' PELICAN LAKE A PLANNED UNIT DEVELOPMENT 101.3~ Acres Located in Section 15 Township 51 South, Range 26 -Fast, Collier County. Florida PREPARED FOR: PEI.ICAN LAKE LIMITED PARI~ERSHIP 2330 W. JOPPA ROAD. SUITE 210 LUTHERVILLE. MD 21093 PREPARED BY: WII.SON. MILLER. BARTON & PEEK. INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORII)A 34105 AND YOUNG, VANASSENDERP & VARNADOE 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 JUNE, 1997 DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ~ ORDINANCE NUMBER 92-71~ AMENDMENT FlLED~ DAI'E APPROVED BY CCPC DATE APPROVED BY BCC nov. 18t 1997 ORDINANCE NUMBER 9 ?- ?0 12B- TABLE OF CONTENTS LIST OF EXtIIBll S STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION i - PROPERTY OWNERSHIP & LEGAL DF_.SCRIPTION SECTION Il - PROJECT DEVELOPMENT SECTION Iii - RECREATIONAL VEttlCLE LAND USE SECTION IV - CYPRESS PRESERVE SECTION V o GFNERAI, I)EVELOPMENT COMMITMENTS ii iii !-i 2-1 3-1 4-1 5-1 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXttlBIT C EXItlBIT I) F.X! lllWl' F. PUD MASTER PI.A:,' AND CONCEPTUAL SURFACE WATER MANAGEMENT PI. AN (WMB&P, INC. FILE NO. RZ-206a) AERIAl. PIIOTOGRAPtl AND LOCATION MAP (WMB&P, INC. FILE NO. RZ-206b) BOU'NDARY AND TOPOGRAPttlC SURVEY (WMB&P. INC. FILE NO. 4J- 241) COMMUNITY SERVICES MAP I.ANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTF CI.tJB DRIVE (CttAMPIONSHIP DRIVE) (WMB&P, INC. FILE NO. RZ- 206e) STATEMENT OF COMPLIANCE The purpose of this section is to express thc intent of thc WMBS&P Profit Sharing Plan and Trust. hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3',- acres of land located in Section 15. Township 51 South, Range 26 East, Collier County. Florida. ]'he name of this proposed Proje,.'t shall be PEI.ICAN LAKE. The development of PELICAN LAKE a.s a PUD ,,,,'ill be in compliance with the planning goals and objeclives of Collier County ms .set forth in the (';row~h Management Plan. The development ',,,'ill be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Usc Element and other applicable regulations for the following rca.sons: l.hc sut,.4...ct property is within the Urban Residential Land Usc Designation as identified on thc Future l.and Use Map as required in Objeclive I, Policy 5.1 and Policy 5.3 of the Future l.and II~ Element. 'Ibc Future I.and Usc Element of the Growth Management Plan makes an exception of Recreational Vehicle Campground or Parks from the density rating system applicable to all other residential development, and specifically provides that the density prescribed in thc 't'IRVC zoning district is the density that is allowed. A PUD entirely devoted to recreational :'chicle development is for all intent and purposes equivalent to the TTRVC zoning district. 'lhe project development is compatible and complementary to existing and future .~ummnding land uses as required in Policy 5.4 of thc Future Land i lsc Element. Improvements arc planned to be in substantial compliance with applicable land development regulations as .set Ibrth in Objective 3 of the Future l.and I;.~ Element. The project development v, ill result in an efficient and economical extension of community facilities and services as required in Policies 3. I.t! and 1. ofthe Future I.and Use Element. 'l.he project development is planned to incorporate natural systems, for water management in accordance ,,,. i~h their natural functions and capabilities as n~y be required by Objective 1.5 of thc Drainage Sub-l:.lement of the Public Facilities Element. Ill 12B 1 The subject property is within the area encompassed by the Stipulation for Dismissal and Settlement Agreement, dated July 20, 19112. between Deltona Corporation, various agencies of ~he State of Florida. conservation intervenors, and Collier County. hereinafter referred to as the 'Settlement ,'~greemenL# SttORT TITLE This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT DEVEI.OPMENT ORDINANCE". SECTION ! PROPERTY OWNERSItlP AND DESCRIPTION The purpose of this section is to set forth the location and ownership of the properly, and to deseribe thc existing condition of the property proposed to be developed under the project name of Pelican D~ke. The subiect property being approximately 101.3 acres, is described as: The south 11t30 feet of the north V~, of the north %, of Section 15, Township 51 south, R;mge 26 ea.,a, lying east of State Road No.951, Collier County, Florida. !.3 PROPERTY OWNERSHIP Thc subject property is currently under the ownership of Pelican Lake Limited Partnership, 233{'I W. Joppa Bird, Suite 210, Lutherville, MD 21093. 1.4 fSL~.ERAI.~ar~N OF PROPERTY 'D}e project site is located in Section 15, Township 51 south, Range 26 cast, and is tx~rdcred on the west by State Road 951, on thc north by undeveloped land and Silver l.akcs PIJD, on the east by property zoned MIlSD and on the south by Ch,m~pionship Drive and Marco Shores PUD. 'Ibc reference and zoning classification of the subject property prior to the date of this approved PUD Document was Southwoods PUD. 1.5 PII¥SICAL DESCRIPTION The project site is located within South Florida Water Management District No. 6. Natural drainage of the site is in a northeast to southwest direction. Sheetflow from the north is collected by an interceptor ditch located in the Championship Drive right-of-way. This interceptor ditch discharges south and west via the SR 951 fight-of-way ditch and a drainage pipe. under Championship Drive discharging in Marco Shores PUD. The proposed water management system will be the lake detention type. 1.6 Vegctation on site is predominantly pine flatwoods. A small cypress area, to be preserved, is located adjacent to the eastern property line. Elevations within the site rvnge from 2.3 to 3.8 feet above mean sea level. Most of the site averages an elevation of 3.0. All of thc site is within Flood Zone AE7 according to FIRM Map 120067 061SD. Pelican Lake PUD shall be a Recreational Vehicle (TI'RV) park with associated facilities which may include, but shall not be limited to, a clubhouse, associated recreational facilities and customav/accessory uses, a cypress preserve and open space as more specifically set forth ir, .'",ection 3 of this document. 1-2 12B 1 SECTION I1 PROJECT DEVELOPMENT 2.1 2.2 The p~'.r'x)se of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. ho Regulations for development of Pelican Lake shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County l.and Development Code shall apply. Unless othc~'i.se defined herein, or a.,~ necessarily implied by context, the definitions of' all terms shall be the same as the definitions set forth in the Collier Count)' [.and Development Code in effect at the time of building permit application. Co Development permitted by the approval of this petition will be subject to a concurrency review umfer the Adequate Public Facilities Article 3, Division 3.15 of the Collier County Land Development Code or its successor provision at the time of building permit issuance. Do All conditions imposed herein or contained on the Master Plan for Pelican Lake PUD are part of the regulations which govern the manner in which the site may be developed. 2-1 2.3 2.4 2.5 ~f TIO,'~ OF PROJECT PLAN AND PROPOSED LAND USES ]'he project Master Plan. including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A". PUD Master Plan. (WMB&P, Inc. File No. RZ- 206a). Minor variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unfore.~en sile condilions. The specific location, size. and configuration of individual tracts or recreational vehicle sites shall be determined at the time of site development plan approval in accordance with Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. PROJECT DENSITY A maximum of 400 TI'RV lot.,; shall be constructed in the total project area. The gross project area is approximately 101.3 acres. 1'be gross project density, therefore, will be a maximum of 3.0 units per acre. I'ROJECq' PLAN APPROVAL REOUIREMENTS If'l'FRV lots are sold on a fcc simple basis, the project shall folio,,,,' the design and devcl,pmcnt standards and review procedures in accordance with the requirements established in Article 3. Division 3.2 of the Collier County Land Development Code or its successor provision. The developer reserves the right to request substitutions to thc standards .set fimh in applicable regulations. B. If the project is operated as a rental park (no fee simple sale of TTRV lots), thc project shall follow the standards and review procedures established in Article 3, Division 3.3 of the Collier County Land Development Code. or its successor provision. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 ROAD3YaX525 Roads and other infrastructure may be either public or private, depending on location. capacity, and design. ]'he detcmfination a.s to ~,~,hcthcr a road shall be public or private shall bc made by thc developer, his successors or assignee at the time of County approval. Standasds for roads shall be in compliance with the applicable provisions cc County Code 2-2 12B 1 regulating subdivisions, unless otherwi~ approved as a substitution during subdMsion approval. Standards for roads shall also be in compliance w/th the applicable provisions of the Settlement Agreement. The Developer, his successors or assignee reserve the right to request substitutions to Code design standards in accordance with Article 3. Division 3.2.. Section 3.2.7.2 of the Collier County Land Development Code, provided the propo.~d standards would be consistent with the Settlement Agreement standards. 2.7 LAKE_51IIS_G 'Ibc lake setback requirements described in Article 3, Division 3.5. Section 3.5.7 of thc Collier County l.and Development Code may be reduced with the approval of Project Review Services. 2.8 l.Y..SE OF RIGIITS-OF-WAY Utili;,atkm of the rights-or-way for landscaping decorative entrance ways and signage shall be rcvicv,'ed and approved by Project Review Services prior to any installations. 2.9 MDj)f,L_IiOM ES/SALES CENTER, Model homes and a Sales Center shall be permissible pursuant to thc requirements of Article 2, Division 2.6. Section 2.6.33.5 and Article 3, Division 3.2, ,Section 3.2.6.3.6. of thc Collier County l.and Development Code or their successor provision. 2.10 fla'~..l 'I:2~)MF',~NLI'.5_IO PUD DOCUMENT OR PUD MASTER PLAN Amendments may bc made to the Pt,q) Dtx:umcnt or PUl) M&slcr I'lan as provided in Article 2, l)ivi.~ion 2.7, Section 2.7.3.5 of the Collier County Land I)evclopmcnt Code. or ils .successor pr,vision. 2.11 qA,.55_(~'LSIION FOR COMMON AREA MAINTENANCE If thc prol'",cr~y is to be subdivided into an)' individual tracts or lots to be transferred to another entity, then in that event, the developer shall create a property owners association ,.,,'ho.~ function shall include provision for thc perpetual care and maintenance of all common facilities and open spaces subjt.,t further to the provisions contained herein. Said property ovmers a.sax:iation shall provide restrictive covenants concerning thc'u.~ of thc common lhcilitics and open space and shall provide an assessment prtx::css lbr funding thc maintenance and care of said facilities. 2.3 12B 1' SECTION 111 RECREATIONAL VEHICLE LAND USE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A". PUD Master Plan a~ Recreational Vehicle (TTRV). Recreation and/or Open Space. The maximum number of T'FRV lots allowed within the project is 400. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole nr part, fi)r other than thc following: A. Principal Uses: Travel trailers, park trailers, truck campers, camping trailers, motor homes, conversion vans and any other recreational vehicle not specifically mentioned, that is designed to provide temporary or seasonal living quartms for recreational, camping or travel use: One (1) per lot, or site. 2. Commercial earthmining. Any other use or service which is comparable in nature with the uses ~t forth in 3.3.A.i. of this document and which the Development Services Director determines to be compatible in the district. B. Accessory Uses: Customary rises and structures fiat are accessory and incidental to the uses permitted as of right. 2. One ~ 1 ) caretakers residence in conjunction ~vith the Ol:veration of the park. Accessory uses and sLructurcs customarily associated with travel trailer recreational vehicle parks, including recr~tion and social facilities (both indoor and outdoor), administration buildings, service/maintenance buildings including bathrooms, storage (including RV and boat storage). laundries and similar services for residents of tl~ park. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the recreation and open space ¸3. Small d(x:ks, piers or other such facilities constructed for purposes of lake r,:crcation. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: a) An enclosed utility/storage area not to exceed an area of one hundred (100) square feet. Any utility/storage area may be located adjacent to its associated recreation vehicle in compliance with the setbacks provided in Section 3.4.C of this document. The utility/storage area may be a continuous part of' a screened-in porch where such a porch is attached to the vehicle as herein provided. b) An attached screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened-in porch may provide for any site utility/storage space rtquirements as herein provided and .,al'all not contain any other intc'xior walls. All such screcncxl enclosures must be permitted and constructed according to this Code and applicable building codes. No heating, air conditioning or heater systems or parts of systems including ducts or grills may be constructed or contained in such screened-in porch. Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal unit. A convenience commercial facility (including store, laundry and dry cleaning agencies, beauty shops and barber shops) no greater than fifteen thousand square feet (15,000) in total land ma. This facility shall provide for the exclusive sale of convenience items to park patrons ~,-,Iv, and shall present no visible evidence of their commercial character, including signage 12B 1 3.4 3.5 and lighting, from any public or private str~ or right or way external to the 8. Water Management Facilities and lakes. DEVELOPMENT STANDARD.~ A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence. B. Minimum Lot Dimensions: 1. Width: Average of 40 feet 2. Depth: Avcrage of 70 feet C. Minimum Yards: Front: Ten (10) feet Side: Five (5) feet Rear: Eight (8) feet, five (5) feet for an enclosed utility/storage area located on a TIRV lot. From Exterior Boundary of Park: Thirty (30) feet From State Road 951 or Championship Drive: Fifty (50) feet [:rom Buildings or Structures: Ten (I0) feet, no setback from an enclo.~d utility/storage area adjacent to its associated ~-creation vehicle. D. Maximum ! Ieight of Structure: Thirty (30) feet I~Q U I I~,,E D FACILITIES A. Electricity. central water and sewer shall be available to each 'FI'RV lot. Bo A trash container such as a dumpster may be located in areas easily accessible and not obstructed by TTRV lots or the developer or property owners association may contract with a solid waste collection and disposal service. Co An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available and a telephone is available for public usc. 3.6 OFF STREET PARKING REOUIREMENTS Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code or successor provision. Parking for accessory uses may be computed at $0% of the normal requirements set forth in Article 2, Division 2.3, ,e,~ection 2.3.14 of the Collier County Land Development Code, or successor provision. Ao Adjacent to State Road 951 and Championship Drive: An area not less than twenty Ccet (20') in width shall be provided. This area shall include a landscaped area of five feet (5') inside its entire length. The landscape plan for this area will be determined at project plan approval in accordance with Section 2.5 A or B of this document. Thc entire buffer area may be combined to achieve a visual screen between State Road 951/Championship Drive and the TI'RV park. A perimeter berm and swale may be permitted within the buffer area. Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be maintained between the proposed on-site road pavement surface running parallel to S.R. 951 and the most easterly pavement surface on S.R. 951. B0 All other project boundaries: A buffer strip at least fifteen feet (15') wide in which ornamental screening composed of structural or plant material shall be provided. The land.,,cape plan for this area will be dete~iiiined at project plan approval in accordance with Section 2.5A or B of this document. A perimeter berm and swale may be. pem,itted within the buffer m~ea. No buffer shall be required between the Cypress preserve and the project boundary. C. No buffer shall be required between recreation areas and TFRV lots. Do Required buffers shall be maintained and constructed in accordance with the landscape provisions of Article 2, Division 2.4 of the Collier County Land Development Code, or its successor provision. Standards for parking, landscaping, signage, lighting anti other land uses not specified herein ate to be in accordance with the Collier County Land Development Code in effect at the time of Project Plan Approval aa stipulated in ..q~tion 2.5 of this document. '- '-.- u / 3.9 PERMANENT LOCATION OF PARK/TTRV UNITS Recreational vehicles may be permanently located on a lot; however, no permanent residency is allov,'cd. A covenant running with the land shall be recorded in thc Public Records of Collier County referencing the PUD's restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement l.ots rented: For those lots that are rented, the park manager shall maintain a rcgislcr of tenants or occupants of the park. noting the duration of the rental arrangement. This ri:sister shall track the occupancy of rental lots. and shall be pr(,vided to persons employed by Collier County. in an official capacity, upon their request. Failure to provide said register, duly describing thc persons who have occupied a lot. and tbeir occupancy shall be subject to the penalties prescribed by ,?oilier County. Ii. l.ots Sold: For those lots that arc sold. thc dcveloper/ov,'ncr of thc lots shall include in thc .~alcs contract a nolicc that current zoning regulations prohibits thc use of thc lot for pcrmanen! occupancy. The new lot ov,'ner is responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register svill hold the new lot owner responsible fi~r any penalties imposed by Collier County. 3.10 Ef:R~ENCY CONTINGENCY If. after thc approval of this PUD. Collier County adopts a policy or ordinance to permanent occupancy of recreational vehicles in 'I'IRVC or similar zoning districts. Section 3.9 of Ibis I'UI) document shall become null and void. All travel trailers, park model travel trailcm, recreational vehicles and accessory structures shall meet flo~xl plain elevation if permanently attached to the ground or utility facilities. 3.12 ANCIIORING SEWER. WATER AND ELECTRICAL CONNECTIONS Park model travel trailers must be anchored in accordance with the standards set forth in the Collier County Mobile Home District (MH) and TTRVC District and other applicable regulations and be connected to a public or private water and sewer system. Additionally. such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 128 1 3.13 ~ (Taken from 1996 Supplement, Chapter 320.01, Definitions, general. Florida Statutes.) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: Co A transportable unit which has a body width not exceeding 14 feet and which is huih on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities neces~ for operation of installed fixtures and appliances. Thc total area of thc unit in a setup mode, when measured from the exterior surf,~x:e of the exterior stud walls at the level of maximum dimensions, not including any bay window, doe~ not exceed 400 ~luare feet when constructed to ANSI A-119.5 slandatd$, and 500 square feet when constructed to United States Department of }lousing and Urban Development Standards. The length of a park trailer means the distance from the exted~or of the front of the body (nearest to :he drawbar and coupling mechanism) to the exterior of the rear of the body (at thc opposite end of the body), including any protrusions. Travel Trailer (includes fifth-wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drown by a motorized vehicle. It is primarily desigrw, d and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/2 feet and ,an overall body length of no more than 40 feet when factory equipped for thc road. Camping Trailer: A vchicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary, living quarters for recreational, camping, or travel 3~ £. Track Camper: ,\ truck which is equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping or travel use. F. Motor Home: A vehicular unit which does nol exceed 40 feet in length and the height and width limitations provided in S. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or tcavcl usc. G. Conversion Van: A vehicular unit which does not exceed the length and height limitations provided in S. 316.515. is built on a self-propelled motor chassis, and is designed for recreation. camping and travel use. 1I. Private Motor Coach A vehicular unit which does not exceed the length, width and height limitations provided in S. 316.513 {9), is build on a self-propelled bus type chassis having no fewer than three load bearing axles, and is primarily designed to provide temporary quarters for recreational, camping, or travel use. SECTION IV CYPRE~ PRESERVE 4.1 PU~OSE The purlx~ of this Section is to set forth the development plan for the area designated Cypress Prc~rvc on Exhibit "A", PUD Master Plan (WMB&P, Inc. File No. RZ-206a). Thc primary function and puqx~ of this Tract will be to preserve and protect native flora and fauna in its natural state. ,1.2 USE/S PEILMIT'rED No .str~turc or part tiro'eof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal 1. Open space/Nature Preserve 2. Boardwalks or pervious paths SECTION V GENERAL DEVELOPMENT COMMITMENTS Thc purpose of this Section is to set forth thc development commitments of the project. 5.2 ~ All facilities shall be constricted in accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at the tim,:, of each approval, except as otherwise noted herein. Except where specifically noted c: stated otherwise, as for matters addressed in the Settlement Agreement, the standards a~d specifications of the official Collier County Land Development Code shall apply to this project. The developer, his successors and assigns shall be responsible for the commitmenLs oullined in this document. Thc developer, his successors or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan and the regulatiom of the PUD as adopted, and any other conditions of modifications as may be agreed to for thc rezoning of thc property. In addition, the developer will agree to convey to any successor or a.~ignee$ in title, any commitments within this agreement. Exhibit A, P.U.D. Master Plan (WMB&P, Inc. File No RY..£q6a) is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to b¢ flexible, ~o that, thc final design may satisfy project criteria and comply with all applicable requirements of this ordinance. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of ali service utilities. Site design refinements shall be permitted subject to County staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties. Amendments to the, P.U.D. Master Plan and document shall be accomplished in accordance with Article 2. I)ivLsion 2.7. ,Section 2.7.3.5. of the Collier County t.znd Development Code or its successor provision. 5.4 5.5 POLLING PLACF-g Pursuant to Arti-:le 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code or its successor provision, accommodation shall be made for the future use of building space, within common areas for thc purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners associations, or tenants association.,;. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by thc Supervisor of Elections. I~IONITORING REPORT 5.6 An annual monitoring report shall be submitted pursuant to Ankle 2, Division 2.7. Section 2.7.3.6. of the Collier County Land Development Code or its successor provision. 'Fhe development of'the PUD Mas~er Plan shall be subject to and governed by the following conditions: Ao Thc Dcvcloper, his successors or assignee shall provide local level street lighting at ali project entrances. Thc Des, clop:r, his successors or assignee shall be responsible for thc payment of impact fees for both the excavation phase of the development and for thc lot development at the rates and in the manner stipulated by Ordinance 92-22. All entrance turning radii should be at least 50 feet to accommodate the larger vehicles cxpec",~ in this type of development. Work within and improvements to S.R. 951 shall be coordinated with and permitted by thc Florida I~ent of Transportation. 'lhe development of the PUD Master Plan shall be subject to and governed by the following conditions: 5-2 128 I ' ho Co Eo The Developer, his successors or assignee shall adhere to the requirements of Exhibit E - 'Conceptual Drainage Design Criteria" of the Stipulations for Dismissal and Settlement Agreement dated July 20, 1982. Should the .South Florida Water Management District, or any other agency, during its review process require significant changes to be made to the site plan and/or the water management facilities, Collier County reserves the right to re-review the project arm have it beard by the Environmental Advisory Board. A twenty (20) foot maintenance easement shall be provided to allow maintenance access to the lake. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The type. quantity a~gl spacing of plants shall be submitted to Project Review Services for approval. 'Ihe commercial excavation Development Petition No. Commissioners. permit cannot be issued until the Planned Unit PUD-92..6 is approved by the Board of County 5.8 'Ibc development of the PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project m'e to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 8~.76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sc. wage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's Off-site water alxl/or sewer facilities are available to serve the project. C. 'Ihe on-site water distribution system to serve the project must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 5-3 Dead end mains shall be eliminated by looping the internal pipeline network. Stubs for future system interconnection with adjacent properties shall be provided at locations to be mutually agreed to by the County and the Developer during the design phase of the project. Do The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. Ho The existing off-site sewage transmission facilities of thc District must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastcwater generated without adverse impact to the existing transmission facilities. The development of the PUD Master Plan shall be subject to and governed by the folio:ring conditions: ho The Developer, his successors or assignee shall adhere to all requirements of thc IX:dication dated October 3 I, 1990 between Wilbur M. Christiansen. Jr. and Gar)' L. Danes and Collier County as recorded in O.R. Book [$72. Pages 2253 through 2257. Thc Developer, his successors or assignee shall adhere to all applicable requirements of thc Stipulation for Dismissal and Settlement Agreement dated Jul.,,° 30, 1982. 5.10 ENVIRONMENTAL At such time as the Developer, his successors or assignee has prepared final construction plans (site development plans, construction plans/plat) for any phase of the proposed development, the l)cveloper, his succe~.sors or assignee shall submit such plans to thc Florida Department of Environmental Regulation. South Florida Water Management District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation for Dismissal mid Settlement Agreement" dated Jul)' 20, 1982. 5.11 The Commercial Ea~ Mining and 'I'TRV uses ave to be independently subject to the time limits set forth in Section 2.7.3.4 of the Collier County I.znd Development Code, so that each use shall require compliance with said provision of the Land Development Code. Should either primary use fail to meet the criteria set forth for project commencement in eame~ then the entire PUD shall be subjecl to review under Section 2.7.3.4. SOUTHWOODS \ i il i NAPLES SUB,JEC'I PROPERTY '"A'",~, SHERIFF SUBSTATION O · I ~ FIRE DEPARTMENT (~) SCHOOLS I. LELY ELEMENTARY SCHOOL 2. EAST NAPLES MIDDLE SCHOOL :3. LELY HIGH SCHOOL 2 4 NEXHIBIT D ji SOLJTHWOODS RC,:O 951 8 MARRIOTT CL~ O~E EXHIBIT E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC iIF. ARINGS . Com~nion ~ifion(s). if a~' & pr~ ~fing p~it~n F~ i~l~ ~nisin~ ~? ~ Y~ ~ ~ lfY~ ~ ~ s~ ~ c~r$~ for ~nj ~: · -- - ~ C~n~ Didsion H~ Dalc Lisl Attachments: ~ISTI:UBUTION INST~I, ICTIOfiS A. For hcarin?,,s before BCC or BZA: Inllllillng persoa to complete o~c co), lind oblain Division Bead apprnvlil before submitting to Counly MaflaCer. Nat: If Ic?,)l document is lns~s'c(I, t)~ sure that ~m), ncccssa~ tegnl review, or request for ~amc, is submitted to Coufll! Attorney bcfore submitting to County Manager. Thc Manager's office will distribute copies: [] Countl l~lanagcr al',end~ file: Io E~ RcqueUlng DMsion ['] Ori~,,inal ClcrWs Office B. Oth'-r he, rings: Initiating DMsion hc~ Io ~ppwvc nnd submit ori~jrml Io Clc~'s C)fl'~cc, rct~inin~ a copy for file. FOR Datclttccivcd:./_~/o~/ -- Date0fPubliclmarin~_ / - / ' 12~ 2. ?74-84o8 12B October 22, 1997 Ms. Judith Flanagan Naples Daily }~ws 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to consider Petition PUD-82-29(3) Dear Judi: Please advertise the above referenced notice one time on Sunday, November 2, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 800551 12B 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ NOVEMBER 18, 1997f in the Boardroom, 3rd "Floor, Administration Building, Collier County Government Center, 3301 East Tamiam£ 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: ;~ ORDINA;,;CE AMP;DING ORDINANCE NUMBER 91-102, THE COLLIER COl~;~f LAND DEVELOPMENT CODE, WHICH INCLUDES THE COHPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~{AP NUMBERED 8509S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD' T.? "PUD' PLANNED UNIT DEVELOPMENT KNOWN AS THE RETREAT PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH TAMIAMI TP~AIb (U.S. 41N) AND EXTENDING WEST TO VANDERBILT DRIVE APPROXIMATELY 3/4 MILE NORTH OF WIGGINS PASS ROAD, IN SECTION 9, TOg~.;SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 208 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINanCE NUMBER 82-97 AS AMENDED, THE FOP~ER RETREAT PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition PUD-82-29(3), Robert L. Duane of Hole, Montes & Associates, representing C.C. Naples, Inc., a Delaware Corportion and John N. Brugger, Trustee, requesting to change the zoning classification for property described above. 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 CO~{TY CO~4ISSIONERS COLLIER CO~4TY, FLORIDA TIHOTH¥ L . P~.NCOCK, CHAIRM;Gg ~IGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 128 2 October 22, 1997 Mr. Robert L. Duane Hole, Montes & Associates, Inc. P. O. Box 1586 Naples, FL 34106 RE: Notice co Intent to consider Petition PUD-90-32(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: CC-Naples, Inc. Jo~n N. Brugger October 22, 1997 John N. Brugger, Trustee % Forsyth, Brugger & Bourgeau 600 5th Avenue South, Suite 207 Naples, FL 33940 RE: Notice to Intent to consider Petition ~/D-90-32(1) Dear Petitioner: Please be_ advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be publimhed in the Naples Daily News on Sunday, November 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Enc!. cc: Robert I,. Duane CC-Naples, Inc. 12B Z October 22, 1997 CC-~aples, Inc. A Delaware Corporation 200 West Madison Street, Suite 12710 Chicago, IL 60606 RE: Notice to Intent to consider Petition PUD-90-32(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Robert L. Duane John N. Brugger 12B 2 ORDINANCE 97- ;.3: ORDINA2~CE ~.MENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORJ~TED AS. EA OF COLLIER COUNTY, FLORIDA, BY A24ENDING THE OFFICIA~L ZONING ATLAS MAP ~%R4BERED 8509S BY CHA~GING THE ZONING CL~.~SIFiCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLA/~;ED UNIT DEVELOPMENT F~NOWN AS THE 1ETREAT PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH T~MIAMI TRAIL {U.S. 41N) A_ND EXTENDING WEST TO VA3~DERBILT DRIVE APPROXIMATELY h MILE NORTH OF WIGGINS PASS ROAD, IN SECTION 9, TOWNSHIP 48 SOUTH, P~2qGE 25 EAST, COLLIER COU~TY, FLORIDA, CONSISTING OF 208 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDI~;~3~CE ~./k/.BER 82-97 A~ AMENDED, THE FO~?.ER RETREAT PUD; ~D BY PROVIDING A/~ E?EECT IVE DATE. WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing C.C. Naples, Inc., a Delaware Corporation and John N. Brugger, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD ~F COUNTY CO~ISSIO:,:ERS OF COLLIE~ COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 9, Township 48 South, Range 25 East, Collier Count}', Florida, is changed from "~UD" to "~UD" Planned Unit Development ir, accordance with the ~UD 5crument, attached hereto as Exhibit "A", which is incorporated here~n and ky reference made part hereof. The Official Zoning Atlas Map numbered 8509S, as described in Ordinance 9]-102, the Collier County Land Development Code, is hereby amende~ accordingly. SECTION TWO: Ordinance ~;ur~er 82-97, as amended, known as the Retreat PUD, adopted on Octcber 26, 1982, by [he Board of County Commissioners of Collier County, is hereby re~ealed in its entirety. -1- 12B. 2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FO~4 AND LEGAL SUFFICIENCY MARJC~IE ~;,- sTUDENT ASSISTANT COUNTY ATTORNEY BY: TIMOTHY L. HANCOCK, CHAIRF~ -2- 17_B Z THE RETREAT AT NAPLES PLANNED ~ DEVELOPMENT AMENDMENT Hole, Montes & Associates, Inc, 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 October, 1997 HMA File No. 96.60 12B 2_ TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 Statement of Compliance Property Description and P,U.D. Master Plan Land U~ Regulalions For Tracts A, B, & C Land U~e Regulations for Tract D General Development Shmdards Environmental Standards Utility Standards Engineering Slandards Roadv, ay Improvement Standards Exceptions to Subdivision Regulations Exhibit A Exhibit B P.U.D. Master Plan Legal Description 12/ 2. F I NE The development of 208..51 acres in Section 9, Township 4g South, Range 25 East, known as The Retreat at Naples Planned Unit Development, is in compliance with the planning goals and objectives of the Collier County C, rov,~h Management Plan, based on the following reasons: I.l The proposed plan is consistent with Polic.v 5.8 of the Future Land Use Element of the Collier County Growt.h Management Plan which permits care facilities within the Urban Designated Area subject to regulations contained in the LDC which the subject property fully complies with. 1.2 Changes to PUDs approved prior to adoption of the Growth Management Plan and found to be consistent through the County's Zoning Re-evaluation program are permitted by Future Land Use Policy 5.1 provided that density or intensity of development is not increased and this PUD change does not represent such an increase. 1.3 The land use densities for the subject property have been determined to be consistent with the Collier County Growth Management Plan through the County's Zoning Re-evaluation program in accordance with Policy 3.1K, of the Future Land Use Element of the Collier County Growth Management Plan. 1.4 The project is planned to incorporate natur',~l systems, into the water management plan to chh' nee their natural functions. 'IEe project will be served by a complete range of services and utilities approved by the County. 1.6 The project shall be in compliance with all applicable County regulations, including the Collier Count)' Growth M'magement Plan. 1.7 The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. -I- 12B g O ON D 2.1 2.2 2.3 2.4 Thc purpose of this Section is to set forth the location of the properly, and to &scribe the existing conditions of the property proposed to be developed. See Acached. Ao The project site contains approximately 208.51 acres and is located in Section 9, Township 48 South., Range 25 East, which is approximately 3/4 of one (1) mile Ncmh of Wiggins Pass Road and hms from US 41, west to County Road 901 (",'anderbilt Drive). (See attached legal description Exhibit B.) ~.ENERAI. l'he follo~,4ng are general provisions applicable to the PUD Master Plan: Regulations for development of The Retreat Planned Unit Development shall be in accordance ~th the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier County LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning dis~ct in the Collier County LCD shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LIX2 in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of The Retreat Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be r. ubject to a concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP -2- 2.5 approval, Final Plat Approval, or building permit issuance applicable to this developmenL MAXIMUM PROJECT DENSITY TRACT A TR. ACT B TRACT C TKACT D TOTAL 178 Units 3.01 Units Per Acre ± 53.55 Acres 190 Units' 2.76 Units Per Acre · 68.87 Acres 234 Units 5.85 Units Per Acre · 39.99 Acres 138 Units 2.99 Units Per Acre ± 46.10 Acres 740 Units 3.55 Units Per Acre + 208.51 Acres T(~tal dwelling count Tracts A, B, C and D not to exceed 740 units. '3'he ,.t,'velopment of Assisted Living Facilities on Tract B shall be in conformance with tee requirements of Sections 2.6.26 of the Collier County Land Development Code that permit a maximum floor area ratio of.45. 2.6 PROJECT PLAN AND LAND USE TRACTS The Project PUD Master Plan, including layout of streets of the various tracts is illustrated graphically by Exhibit "A". There shall be four (4) land use tracts, plus necessary street rights-of-way, the general configuration of which is also illustrated by Exhibit "A." -3- LANDUSE REGULATIONS FOR TRACTS A, B & C 3.1 3.2 3.3 PEP, MITT. ED USES FOR TRACTS A, B & q: TRACT A: T Fb'.,CT B: Multi.family dwellings, recreation areas and facilities. Multi-family dwellings, attached and detached patio-homes/villas, and detached single family homes, private recreation areas and facilities, recreation clubs and Assisted Living Facilities as an auxiliary use including a non-commercial (non-profit) health care facility for residents/members and their gues~ only to provide medical and general services for residents and members. I'RACI' C: Multi-family dwellings, recreation facilities and auxiliary uses including a private non.<:ommercial (non-profit) health care facility for members, residents only and a private club and restaurant for residents, members and their guests only, as well as the pro;'ision of an on site non-profit medical and general services facility for members and residents. Pt__-(_RMI'i__.~I]3._D ACCESSOR'f U~ES AND STRUCTUKES TRACTS A. B, AND C: Accessory uses and structures customary in Planned Unit Development residential neighborhoods; recreation facilities, including a nine (9) hole golf course, which are accessory to individual building sites, groups of building sites, or residences, grounds and equipment maintenance, laundry and housekeeping buildings. P E-V E LO P M ENT STANDARD Minimum Lakefront Setback: 20 feet from Lake Boundary regardless of presence of bikeways or v,'alkways. Tracts A, B and C: Minimum Commons fiont Setback: 25 feet from Commons boundary lines. Minimum setback from Retreat Drive: 25 feet. Minimum setback from U.S. 41 40 feet. Minimum setback from cul-de-sac and loop access drives: Minimum building separation: Minimum dwelling unit floor areas: .Maxim,~m height of principal StFUctut ~.S: Minimum offstrcct parking: Principal buildings: 25 feet Parking structm'es: None (Covered and tmcovered parking may be integral with access drives) One-half the sum of the heights of adjoining buildings. Tract A: 1200 sq. ft. Tract B: 900 sq. fi. Tract C: 750 sq. ft. 3 living stories (Ground floor parking may occur under the first living story.) 2 spaces per dwelling unit. 3.4 TRACTS A & B: Recreation commons areas and indicated on the PUD Master Plan. TRACT C: One recreation area to serve proposed dwelling units as indicated on the PUD Master Piano -5- RECULAT[ONS FOR TRACT 4.1 4.2 4.3 The purpose of this Section is t~ indicate the development plan and refluladons for Tract D. ?~tLMIITF, D USF. S FOR TRA~ D TRACT D: Multi-family dwellings, recreation facilities and auxiliary uses including a private non-commercial (non-profit) health care facility for members/residents only and a private club and restaurant for member~residents ~ theh' flues'ts only, as well as the provision on site on a non-profit basis of medical and general services for members and residents. PERMITIED ACCESSORY USES A2qD STRUCTURES FOR TRACT D TP. ACT D: Accessory uses and stmct~es customary in Planned Unit Development residential neighborhoods: A child care facility as an accessory use within the Bentley Village Health Caxe Facility II; recreation facilities which are accessory to individual building sites, groups of building sites or residences, or The Retreat project as a whole; grounds and equipment maintenance facilities on maintenance sites; golf course and associated pro-shop and golf course amenities and other customary accessory uses of golf cou:'ses. The above-referenced child care facility shall meet the following requirements: A. The use of the child care facility shall be restricted to employees only, and shall be non-profit in nature. B. The child care facility shall provide a 4-foot high non-gated fence around the er, tire outdoor recreation play areas. The only access to the play areas shall be via the child care facility. C. 'l'ne c}fild care facility shall comply with the State of Florida, Department of Health and Rehabilitative Services Child Day Care Standards Chapter 10M-12, Florida Administrative Code, as may be amended from time to time. -6- 1ZB 4.4 DEV~LO?MENT STANDARDS Minimum Lakcfront Setback: ' Minimum Commons front Setback: Minimum setback from Retreat 'Drive: Minimum setback from U.S. 41 Minimum setback from cul-de-sac and loop access drives: Minimum building separation: Minimum dwelling unit floor areas: Minimum offstrcet parking: Tract D: 20 feet from Lake Boundary regardless of presence of bikeways or walkways. 25 feet from Commons boundary lines as indicated on plat. 25 feet. 40 feet. Principal buildings: 25 feet Parking structures: None (Covered and uncovered parking may be integral with access drives) One-half the sum oft.he heights of adjoining buildings. Tract D: 750 sq. ft. 2 spaces per dwelling unit. 4.5 RECREATIONAL AREAS TRACT D: Recreational commons and nine (9) hole golf course. -7- G__E~£RAL DEVELOPMENT STANDARDS 5.1 5.2 5.3 5.4 5.5 DWELLII_"G b~!T D,!STRIBUTION Dwelling unit distribution throughout The Retreat project shall occur as indicated on the PUD Master Plan. Upon site plan approval by the Director of the Department of Community Development, changes in the number of dwelling units permitted on individual building sites, and/or in individual building site boundaries, shall be permitted, so long as the total project dwelling unit count does not exceed 740, exclusive of Assisted Living Facilities which are limited to an F.A.R. of .45 in accordance with Section 2-5 of thi~ or~,i,~ance. ~;!TE CLEARING AND DRAINAGE Clearing, grading, earth',york, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. FOR UTILITI Easements, where required, shall be provided for water management areas, utilities and other purposes ~ ma)' be required by Article 3 of the Collier County LDC. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time, construction plans, site plans or plat approvals arc requested, in accordance with Article 3 of the Collier County LDC. 6 M F~NDM ENIS TO 'l'ItE ORDINANCE The PUD Master Plan shall be understood to be flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Amendments to this ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, at the time the amendment is requested. t2_ROVlS!ON FOR OFFSITE REMOVAL OF EARTHEN MATERIAL 'l'he excavation of earthen material and its stockpiling in preparat!'~n of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus -8- 5.6 5.7 5.8 of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.:5.5.1.3 of the LCD, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 ofthe LDC are applicable. MONITORING PROVISIONS The Retreat PUD shall be ~ubject to Section 2.7.3.4 Time Limits for Approved PUD Mas;er Plans and Section 2.7.3.6, Monitoring Requirements. ~COMMON AREA MAINTENANCE Common Area Maintenance, including the maintenance of common facilities, open spacea and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. LANDSCAPING REOU1REMENTS All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering. 5.9 As provided for wiOtin Section 2.5, Signs of the Collier County LDC. 5.10 pgI,~INO PLACE A polling place will be provided in accordance with Section 2.6.30 of the Collier County Land Development Code, as may be determined to be necessary the Collier County Supervisor of Elections. -9- 12B 5.11 NATIVE V G lq Twenty-five percent of the native vegetation shall be preserved in accordance with the applicable requirements of Division 3.9 Vegetation Removal, Protection, and Preservation, of the Collier County LDC. } ZB 6.1 6.2 6.3 6.4 6.3 6.6 6.7 ENVIRONMENTAL STANDARD~. A site clearing plan shall be submitled to the Community Development Division for their review and approval prior to any substantial work on the site. This plan maybe submitled in phases to coincide with the development schedule. The site clewing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, a.'~d other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Community Development Division for their review and approval. This plan x~4tl de?ici the incorporation of native species and their mix with other species, if any. Tl',e goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phage of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan. which will describe control techniques and inspection intervals, shall be filed with and approved by ~.he Community Development Division. If during thc course of site clearing, excavation, or other constructional activities, an archaeological or historical site, arlifact, or other indicator is discovered, all development al that location shall be immediately stopped and the Community. Development Division notified. Development will be suspended for a sufficient length of time to enable the Community Development Division or a designated consultant to access the find and determine the proper course of action in regard to its .~alvageability. The Community Development Division v-ill respond to any such notification in a timely and efficient man.ncr so as to provide only a minimal interruption to any constructional activities. 1 he qough area is to be s~rictly protected and flagged prior to the commencement of any work. Thc boundary, of the slough area, as well as the corridor of the boardwalk, shall be fieid inspected and approved by the Collier County Current Planning Environmental Staff. Structur=s, roads, and buildings shall be oriented to effect maximum protection of native scrub and sand pine habitat. -I1- 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.1.5 This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan Conservation and Coastal Management Element in effect at the time of final development order approval. An exotic vegetation removal and maintenance plan as required by Subsection 3.9.6.6.5 of the Land Development Code shall be submitted, for preserves area within the Rea:at PUD Tracts A, C and D, for review and approval prior to the issuance of a certificate of occupancy issued for Tract B. Exotic vegetation ',,,4thin Tract B including all preserve areas, shall be removed prior to the issuance ora certificate of occupancy for Tract B. PUD approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval (i.e.. wildlife suv,'eys, e:c,). Buffers shall be provided in accordance ~ith Subsection 3.2.8.4.7.3 of the Land Development Code. All Preserve areas shall be recorded, by separate instrument, as conservation/pre~rvafion tracts or easements dedicated to an approved entity or to Collier County with no re~or~ibility for maintenance and subject to the uses and limitation~ simila~ to or as per Florida Statutes Section 704.06. Collier County Real Property Division shall be contacted if the conservation areas are to be dedicated to Collier County. A Gopher Tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the Final Site Development Plan. Environmental permitting shall be in accordance with the State of Florida Environmental Re~o~ Permit rules and be subject to review and approval by Collier County Planning Environmental Staff. Removal of exotic vegetation shall not be counted toward~ mitigation for impacts to Collier County wetlands. Buffers shall be provided around wetlands, extending at least fiflcen (15) fect landward from the edge of wetland preserves in all places and averaging twenty.- fi~e (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Collier County Current Plav. ning Environmental Staff. -12- TILl DIVI I N ON IDERATI NS Water distribution, ~wage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Count)' rules and regulations. 7.2 All customers connecting Io the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or server, customers shall be customers of thc interim utility eslablished to serve the project until the County's off-site water and/or sewer facilities are available to sen'e the project. 7.3 Appropriate casements for any project internal water improvements shall be documented on the .onstruction plans and shall be dedicated to the Collier County Water-Sewer District. 7.4 Construction drawings, technical specifications and all pertinent design information shall be ~ubmitted in accordance with Collier County Ordinance 97-17 or amendments made thereto and shall be approved prior to the issuance of development construction approval. -13- 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 SECHON 8 .ESGIFEERING CONSIDERATIONS Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Sev,'ices for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3 of' the Collier County Land Development Code. A copy of South Florida Water Management District Permit or Early Work Permit is required prior to const,mction plan approval. Platting is required in accordance with Division 3 of the Collier County Land Development Code, where applicable. Work ~4thin Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. If applicable, prior to construction, a Florida Department of Transportation Right- of'-\Vay permit shall be provided. An Excavation Permit will be required for the proposed lake(s) in accordance v,4th Division 3.5 of the Collier County Land Development Code and South Florida Water Management District. Access into each tract as shown on the site plan is informational only. Location and number are subject to Preliminary Plat or SDP approval, as required by Article 3 of the Collier County Land Development Code. -14- 9.1 9.2 R ~YH R ~ NT' Where the principal project collector street intersects with US 41 and with C-901, dcvclopcr shall install project improvements including left-turn storage lanes for noAh-bound US 4l traffic, and for south-bound C-901 traffic; and fight-turn dcce]cration lanes for :,outh-bound US 41 ~'~fic and north-bound C-901 traffic whcn dctcrmined to be warranted by t~e Count'. If a future delermination is made by the Count' Engineer and DOT that a traffic signal is warranted at the intersection of the project's principal access road and US 41, the Retreat project's property owners shall pay for our contribution to the capital costs of said traffic signal in accord with the County cost sharing policy then in force. After installation, the signal will be owned, operated and maimained by the County. -15- 12B Z i ~NS TOT It C U WY UBDIVISI~ULATI~ 10.1 The requirements for sidewalks and bicycle paths shall be waived, as required by Subsection 3.2.8.3.17 of the LDC, and sidewalk/bicycle paths shall be installed as indicated on the approved Master Plan. 10.2 Street name signs shall be approved by the CotmB' Engineer, but need not meet the USDOTFttWA Manual on Uniform Traffic Control Devices, as required by Subsection 3.2.8.3.19 of the LDC. Street pavement painting, striping, and reflective edging requirements shall be waived. 10.3 The requirement that local street connections to collector streets shall be a minimum of 660 ft. apart shall be waived, as required by Section 3.2.8.4.1. 10.4 Right of way width for the private local drives may be 50 feet rather than 60 feet, as required by Subsection 3.2.8.4.16.5 of the LDC. 10.5 The requirement that cul-de-sac streets shall not exceed one thousand (1,000) feet in length shall be waived, as required by Section 3.2.8.4.16.6. 10.6 The requirements that curbed streets have a minimum tangent of 100 feet at intersection shall be waived, as required by Section 3.2.8.4.16.10. 10.7 'll~e requirements of 100 feet minimum length tangents between curbs on all streets shall be waived, a.~ required by Section 3.2.8.4.16.10. 10.8 The requirements for spare utility casings shall be waived, with the exception utility casings under the project principal access road at its intersection with U.S. 41 and C-901, as required by Section 3.2.8.3.24. -16- 12B Z~ E~IBIT B .oo ~ ~teflY ~ ~d ~. to ~ 2~, bav~1 a rad/u~ e~ ~ ~ eg a ~emtL~ cLz~ac: ~e, c~e to thc o~ 37 de~c(ef 40' OO' ~eg ~ afc d~gt~ce ~g ~.4f feet to a ~nse~ c/rc~ar ~e ~ve ~o ~4 ~t; CI'OQ' Z. Zoc a dL~ce o~ 3~l ~t ~ a ~t ~ a ;4~t~f~ay 2~n¢ fcc a d~ita~ e~ f~.~O ~(C: ~oc~ ~ X. 2 2.1 I~AO O~ C~¥ CCd~qIS$IOKE~S ATT)(: IL4~qc Y BOX ~etl~D c~: 11/02 Ju~m A. I 12B 2' ORDINA34CE 97- 71 AN ORDINANCE A/~ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY L~D DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AJ~EA OF COLLIER COUNTY, FLORIDA, BY A/ZENDING THE OFFICIA~L ZONING ATL~ MAP NUMBERED 8509S BY CH~GI};G THE ZONING CLJ{SSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FR~4 "PUD" TO "PUD" PLAITNED UNIT DEVELOPMENT KNOWN AS THE RETREAT PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH TAMIAMI TRAIL (U.S. 41N) AND EXTENDING WEST TO VANDERBILT DRIVE APPROXI~TELY h MILE NORTH OF WIGGINS PASS ROAD, IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COU~;TY, FLORIDA, CONSISTING OF 208 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINA34CE NUMBER 82-97 AS AMENDED, THE FORMER RETREAT PUD; A_ND BY PROVIDING AN EFFECTIVE DATE. WHEREA~, Robert L. Duane of Hole, Montes & Associates, representing C.C. Naples, Inc., a Delaware Corporation and John N. Brugger, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COU~;TY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 9, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8509S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 82-97, as amended, known as the Retreat PUD, adopted on October 26, 1982, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 2 SECTION 'fHREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~ day of--~~.~ , 1997. ATTEST: ,;,, ~ ~;.', .. D~ ~.~?. ~i. ,~ .~.. :~. .. ,,~... ,,.~:~, ,,.. . ~ ,,~ ~RJ IE M. ~ UDENT ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TfROTHY/~/HANdOdk, cHAIRMAN f/PUD-e2-29 ( 3} Ordinance 12B 2 STATE OF FLORIDA) COU~;TY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-71 Which was adopted by the Board of County Commissioners on the 18th day of November, 1997, during Regular Session. WI~ESS ~:~ hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 1997. Clerk of Courts and, Cler~ ...:",..-<''.. Ex-officio to Boar~:o~: County Commission~'r~' ,' . ,. / · 12B 2' THE RETREAT AT NAPLES PLANNED UNIT DEVELOPMENT AMENDMENT Prepared by: tlole, Montes & Associates, Inc. 715 Tenth Stn:~ South Naples, Florida 34 ! 02 Tel. (941) 262-4617 Octob~', 1997 tlMA File No. 96.60 12B 2' TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTtON 8 SECTION 9 SECTHON I0 Statement of Compliance Property Description and P.U.D. Master Plan Land U~e Regulations For Ttac~s A, B, & C [.and Use Regulations for Tract D General Development Standards Environmental Standards Utility Standards Engineering Standards Roadway Improvement Standards Exceptions to Subdivision Regulations Exhibit Exhibit P.U.D. Master Plan Legal Description W 31996~IY,TOCDOC 12B 2 The dcvclopment of 20g.51 acres in Section 9. Township 48 South. Range 25 East. known as The Retreat at Naples Planned Unit Development. is in compliance with the planning goals and objectives of the Collier County Growth Manager Plan. based on thc following masons: 1.! Thc proposed plan is consistent with Policy 5.$ of the Future Land Usc Element of thc Collier County Growth Management Plan which permits care facilities within thc Urban Designated Area subject to regulations contained in the LDC which thc subject property fully complies with. 1.2 Char, ges to PUDs approved prior to adoption of thc Growth Management Plan and found lo be consistent Ihrough the County's Zoning Re-evaluation program arc permitted by Furore l.and Use Policy 5.1 provided that density or intensity of development is not increased and lhis PUD change docs not represent such an increase. 1,3 Thc land use dcrmitics for thc subject properly have been determined to be consistcnt with thc Collier County Growth Management Plan through thc County's Zoning Re-evaluation program in accordance with Policy 3.1K, of thc Future Land Usc Element of thc Collier County (}rov, lh Management Plan. 1.4 The project is planned to incorporate natural systems, into thc water management plan to enhance their natural functions. The project will be served by a complete range of services and utilities approved by the County. 1.6 lhe project shall be in compliance with all applicable County regulations, including the Collier County Growth Management Plan. 1.7 Thc project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. -1- 12B 2 PROPERTY DESCRIPTION ANP P,U,D. MASTER PLAN 2.1 2.2 2.3 2.4 PURPOSE The purpose of this Section is to set forth the location of the property, and to describe the existing conditions of the property proposed to be developed. L. EGAI: DESCRIPTION Sec Attached. OENFKAL DESCRIPTION The project site contains approximately 208.51 acres and is located in Section 9, Township 48 South, Range 25 East, which is approximately 3/4 of one (I) mile North of Wiggins Pass Road and runs from US 41, west to County Road 901 (Vanderbilt Drive). (See attached legal description Exhibit B.) The following arc general provisions applicable to thc PUD Master Plan: Regulations for development of The Retreat Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of thc Collier County LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LCD shall apply. Unless otherwise noted, thc definitions of all terms shall be the same as the definitions set forth in thc LDC in effect at thc time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of The Retreat Planned Unit Development shall become part of the regulations which govern ~e manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Pt, bile Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP 12B 2 2.5 approval, Final Plat Approval, or building permit issuance applicable to this development. MAXIMUM PRO.IECT DENSITY TRACT A TRACT B TRACT C TRACT D TOTAL 178 Units 3.01 Units Per Acre 4- 53.55 Acres 190 Units' 2.76 Units Per Acre + 68.87 Acres 234 Units 5.85 Units Per Acre 4- 39.99 Acres 138 Units 2.99 Units Per Acre ± 46.10 Acres 740 Units 3.55 Units Per Acre ± 208.51 Acres Total dwelling count Tracts A. B, C and D not to exceed 740 units. 'The d- velopment of Assisted Living Facilities on Tract B shall be in conformance with the requirements of Sections 2.6.26 of the Collier County Land Development Code that permit a maximum floor area ratio of.45. 2.6 ['ROJECT PLAN AND LAND USE TRACTS The Project PUD Master Plan, including layout 0f~ streets of the various tracts is illustrated graphically by Exhibit "A". There shall be four (4) land use tracts, plus necessary slreet fights-of-way, the general configuration of which is also illustrated by Exhibit "A." -3- 12B 2 S ECT['iON 3 LAND. IdSE REGULATIONS FOR TRACTS 3.1 3.2 3.3 [~ERMI'FI'ED USES FOR TRACTS A. B & C TRACT A: Multi-family dwellings, rccrcaron areas and facilities. TRACT Multi-family dwellings, attached and detached patio-homes/villas, anu detached single family homes, private recreation areas and facilities. recreation clubs and Assisted Living Facilities as an auxiliao.' use including a non. commercial (non-profit) health care facility for residents/members and their guests only to provide medical and general services for residents and members. TRACT C: Multi-family dwellings, recreation facilities and auxiliary uses including a private non-commercial (non-profit) health care facility for members. residents only and a private club and restaurant for residents, members and their guests only. as well as the provision of an on site non-profit medical and general services facility for members and residents. I'F. RMI'I'H~I) ACCESSORY USES AND STRUCTURES TRACTS A, I}, AND C: Accessory uses and structures customary in Planned Unit Development residential ncighborN~ods; recreation facilities, including a nine (9) hole golf course, which are accessory to individual building sites, groups of building sites, or residences, grounds and equipment maintenance, laundry and housekeeping buildings. L~!~v EI,QI'MENT STANDARDS Minimum I.akefront Setback: 20 feet from Lake Boundary regardless of presence of bikeways or walkways. Tracts A, B and C: Minimum Commons front Setback: 25 feet from Commons boundary lines. Minimum setback from Retreat l)rivc: 25 feet. Minimum setback from tLS. 41 40 feet. -4- Minimum setback from cul-de'sac and loop acccss drives: Minimum building ~:mration: Minimum dwelling unit floor ate. as: Maximum height of principal strut lures: Minimum offstrcet parking: Principal buildings: 25 feet Parking gmemrcs: Nonc (Covered and uncovered parking may be intcgral with access drives) One-half the sum of the heights of adjoining buildings. Tract A: 1200 sq. fl. Tract B: 900 sq. fl. Tract C: 750 sq. ft. 3 living stories (Ground floor parking may occur under thc first living story.) 2 spaces per dwelling unit. 3.4 RECREA~ONAL AREAS TRACerS A & B: Recreation commons areas and indicated on the PUD Master Plan. TRACT C: One recreation area to ~-rve proposed dwelling units as indicated on thc PUD Master Plan. -:5- 12B SECTIO 4 LAND USE REGULATIONS FOR TRACT D 4.1 4.2 4.3 PURPOSE The pta'pose of this Section is to indicate the development plan and regulations for Tract D. ?~RMITTED USES FOR TRACT D TRACT D: Multi-family dwellings, recreation facilities and auxiliary uses including a private non-commercial (non-profit) health care facility for members/residents only and a private club and restaurant for members/residents and their guests only, as well as the provision on site on a non-profit basis of medical and general services for members and residcnts. PERMITI'ED ACCESSORY USES AND STRUCTURES FOR TRACT D TRACT D: Accessory uses and structures customary in Planned Unit Development residential neighborhoods; A child cm'e facility as an accessory use within the Bentley Village Health Care Facility Il; recreation facilities which are accegsoty to individual building sites, groups of building sites or residences, or The Retreat project as a whole; grounds and equipment maintenance facilitie~ on maintenance sites; golf course and associated pro-shop and golf course m'nenities and other customary accessory uses of golf courses. ]'he above-referenced child care facility shall meet the following requirements: ho The use of the child c. are facility flufll be restricted to employees only, and shall be non-profit in nature. The child care facility shall provide a 4-foot high non-gated fence around the entire outdoor recreation play area~. The only access to the play areas shall be via the child care facility. Co Thc child care facility shall comply with the State of Florida, DeparU~ent of lteaJth and Rehabilitative Services Child Day Care Standards Chapter 10M-12, Florida Administrative Code, as may be amended from time to time. 4.4 DEVELOPMENT STANDARDS Minimum I.akefront Setback: Minimum Commons front Setback: Minimum setback from Retreat Drive: Minimum .setback from U.S. 41 Minimum setback from cul-de-sac and Ioop a~ccss drives: Minimum building separation: Minimum dwelling unit floor areas: Minimum offstrcet l:rarking: Tract D: 20 feet from Lake Boundary regardless of presence of bikeways or walkways. 25 feet from Commons boundary lines as indicated on plat. 25 feet. 40 feet. Principal buildings: 25 feet Parking structures: None (Covered and uncovered parking may be integral with access drives) One-half thc sum of the heights of adjoining buildings. Tract D: 750 ~q. ft. 2 spaces per dwelling unit. 4.5 LR. ECREATtONAL AREAS TRACT D: Recreational commons and nine (9) hole golfcourse. -7- 12B 2 SECtiON 5 GENERAL, DEVELOPMENT STANDARDS 5.1 5.2 5.3 5.4 5.5 DWELl. lNG UNIT DISTRIBUTION Dwelling unit distribution throughout Thc Retreat project shall occur as indicated on thc PUD Master Plan. Upon site plan approval by the Director o£ thc Department of Community Development, changes in the number of dwelling units permitted on individual building sites, and/or in individual building site boundaries, shall be permitted, .~ long as thc total project dwelling unit count does not exceed 740, exclusive of Assisted Living Facilities which are limited to an F.A.R. of .45 in accordance with Section 2-5 of this ordinance. .S.'ITF. CI. EARIN(] AND DRAINAGE Clearing. grading, earthwork, and site drainage work shall be performed in accordance with thc Collier County I.DC and thc standards and commitments of this document at the time o£ construction plan approval. !']/~,SEMENTS FOR UTILITIES Easements. where required, shall be provided for water management areas, utilities and other purposes as may be required by Article 3 of the Collier County LDC. All necessary casements, dedications or other instruments shall be granted to ensure thc continued operation and maintenance of all services and utilities to insure compliance with applicable rcgulalions in effect at the time, construction plans, site plans or plat approvals arc requested, in accordance with Article 3 of the Collier County LDC. AMENDMENTS TO TIlE ORDINANCE The PUD blaster Plan shall be understood to be flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Arncndments to this ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. at the time the amendment is requested. PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAl, T'hc excavation of earthen material and its stockpiling in preparation of water management facilities or to othenvise develop water bodies is hereby permitted. If. after consideration of fill activities on buildable portions of the project site. there is a surplus -8- 12B 2 of earthen material, offsite dispo~l is also hereby permitted subject to the following conditions: 5.6 5.7 5.8 Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LCD, whereby offsite removal shall not exceed ten (10) percent of thc total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Mamger for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul mutes. C'. All other pmvisiom of Section 3.5 of the LDC are applicable. SUNSET AND MONITORING PROVISIONS The Retreat PUD shall be subject to Section 2.7.3.4 Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. COMMON AREA MAINTENANCE Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State. or Federal permitting agencies. LANI)SCAPINO REOUIREMENTS All landscaping requirements, buffers, walls, ~, etc. shall be developed in conformance wilh requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering. 5.9 SIGN~ As provided for within Section 2.5, Signs of the Collier County LDC. 5.10 POLLING PLACE A polling place will be provided in accordance with Section 2.6.30 of the Collier County Land Development Code, as may be determined to be necessary the Collier County Supervisor of Elections. -9- 12B 2 5.11 V-V · Twenty-five percent of the native vegetation shall be preserved in accordance wi~h applicable reqt,irements of Division 3.9 Vegetation Removal. Protection, and Pre.servation. of the Collier County LDC. 128 2 6.1 6.2 6.3 6.4 6.5 6.6 6.7 E V N ! L, ANDARDS, A site clearing plan shall be submitted to the Community Development Division for their review and approval prior to any substantial work on the site, This plan maybe submitted in phases to coincide with the development schedule. Thc site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to thc maximum extent possible and how roads, buildings, lakes, parking lots. and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in thc site landscaping design. A landscaping plan will be submitted to the Community Development Division for their review and approval, This plan will depict the incorporation of native species and their mix with other species, if any. 'Ihe goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plant.,~, as defined in the County Code. shall be removed during each pha~ of construction from development areas, open space areas, and presc~'e areas. Following site development a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan. which will dc<rjbe control techniques and inspection intervals, shall be filed with and approved by the Community Development Division. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site. artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Community Development i)ivision notified. Development will be suspended for a sufficient length of time to enable the Community Development Division or a designated consultant to access the find and determine the proper course of action in regard to its ~lvageability. The Community Development Division will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The slough area is to be strictly protected and flagged prior to the commencement of an)' work. Thc b<,undary of the slough area. as well as the corridor of thc boardwalk, shall be field inspected and approved by the Collier County Current Planning Environmental Staff. Structures, roads, and buildings shall be oriented to effect maximum protection of native scrub and sand pine habitat. -il- 12B 2 6.8 6.10 6.11 6.12 6.13 6.14 6.15 This PUD shall comply with the environmental sections of the Collier County l.and De','clopment Code and Growth Management Plan Conservation and Coastal Management Element in effect at the time of final development order approval. An exotic vegetation removal and maintenance plan as required by Subsection 3.9.6.6.5 of the Land Development Code shall be submitted, for preserves area within the Retreat PUD Tracts A, C and D, for review and approval prior to the issuance of a certificate of occupancy issued for Tract B. Exotic vegetation within Tract B including all preserve areas, shall be removed prior to the issuance ora certificate ofoccupancy for Tract B. PUD approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval ('i.e., wildlife surveys, etc.). Buffers shall be. provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. Ail Preser,,e areas shall be recorded, by separate instrument, a.s conservation/preservation tracts or easements dedicated to an approved entity or tn Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Collier County Real Property Division shall be contacted if the conservation areas arc to be dedicated to Collier County. A (;ophcr Tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the Final Site Development Plan. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Collier County Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County wetlands. Buffers shall be provided around wetlands, extending at least fifteen (i 5) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Enviromnental Resources Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff. -12- 7.2 7.3 7.4 UTILITY DIVISION CONSIDERATIONS Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilitiev lo be constructed will be customers of the County and will be billed by the County in acconlancc with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to scrYe the project until the County's off-site water and/or sewer facilities are available to serve thc project. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer Districl. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97-17 or amendments made thereto and shall be approved prior to the issuance of development construction approval. -13- 2 ENGINEERING CONSIDERATIONS 8.1 Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Department. Design and construction of all improvements shall be subject to compliance with thc appropriate provisions of Division 3 of the Collier County Land Development Code. 8.3 A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 8.4 Platting is required in accordance with Division 3 of the Collier County Land Dcvelopment Code. where applicable. 8.5 Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. 8.6 If applicable, prior to construction, a Florida Department of Transportation Right- of-Way permit shall be provided. 8.7 An F, xcavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of thc Collier County i,and Development (.'ode and South Florida Water Management District. Acco: $ into each tract as shown on the site plan is informational only. Location and number ate subject to Preliminary Plat or SDP approval, as required by Atnicle 3 of the Collier County Land Development Code. -14- 12B 2 9.2 W V Where the principal project collector street intersects with US 41 and with C-901, developer shall install project improvements including left-turn storage lanes for norlh-bound US 41 traffic, and for south-bound C-901 traffic; and right-turn deceleration lanes for south-bound US 41 traffic and north-bound C-901 traffic when determined to be warranted by the County. If a future determination is made by the County Engineer and DOT that a traffic signal is warranted at the intersection of the project's principal access road and US 4 !. the Retreat project's properly owners shall pay for our contribution to the capital costs of said traffic signal in accord with the County cost sharing policy then in force. After installation, the signal will be owned, operated and maintained by thc County. -IS- 12B 2. SECTION 10 E~CEPTIONS TO TIlE COUNTY SUBDIVISION REGULATIONS 10.1 Thc requirements for sidewalks and bicycle paths shall b¢ waived, as required by Subscclion 3.2.8.3.17 of thc LDC, and sidewalk/bicycle paths shall be installed as indicated on thc approved Master Plan. 10.2 Street name signs shall be approved by the County Engineer, but need not meet thc USDOTFHWA Manual on Uniform Traffic Control Devices, as required by Subsection 3.2.8.3.19 of the LDC. Street pavement painting, striping, and reflective edging requirements shall be waived. 10.3 Thc re4uircmcnt that local street connections to collector streets shall be a minimum of 660 ft. apart shall be waived, as required by Section 3.2.8.4.1. 10.4 Right of way width for thc private local drives may be 50 feet rather than 60 feet. as required by Subsection 3.2.8.4.16.5 of the LEK?. 10.5 Thc rcquircmcn! that cul-de-sac streets shall not exceed one thousand (I,000) fcct in length shall be waived, as required by Section 3.2.8.4.16.6. 10.6 Thc requirements that curbed streets have a minimum langcnt of !00 feet at intersection shall bc waived, as required by Section 3.2.8.4.16.10. 10.7 Thc requirements of 1130 feet minimum length tangents between curbs on all streets shall be waived, as required by Section 3.2.8.4.16.10. 10.8 Thc requirements for spare utility casings shall be waived, with the exception utility casings under the project principal access road at its intersection with U.S. 41 and C-901, as required by Section 3.2.8.3.24. 12B 2 2 / / feet ~ ~ ~~ ~ a ~~ c~ar 2~t, ~ a radl~d eg me.e ~eet, ~t~'a ~t~ u~x. ~ N ot I~1 dMge~ 37' ~', Zeg ~ ~e ~ ~ ~ ~t ~ ~ -- ~ ~d ~e te ~4 /eft, h~ 4 [~u e~ 3t.l feet, ~ a ~ ~, e~ 1~ ~teel iS' H', t~ m am ~ weeterl~ ~ikt~g~aT ~M e~ g. I. ~ ~. ~ AI~t-et-~LI7 lf~4 for . dieuoce et 1~.40 feet: tbeoce rut L ~ - S~tg I/2 e~ eaid S~L~ ~t tke~e ~n S. II qteee S4' 12' v. al~ tk ~th lise.e( tk M~b.~2 ~ laid ~i~ ? ~oc C~4LI~' CI~(Yo Flff~dl lllll ~l LlllL lllllllll ~/ lILlC all -/15 (See nsanlur. A~ TTt.,Te) OIf~ltB~Zm flmlULlrlelm 12C 2 390 10-17 15:22 0~ 02' :M~ ~1 1~17 15:~ ~ 1~ le:l5 ~',52 393 1~-~ 1~:17 ~ 1~-21 ~:~ ~01'13 I~21 ~: 13 ~2'41 , 1~21 11:19 ~'~ 3~ 10-22 11:19 ,~ ~ 1~-~ 13:~ ~'~ ,~01 1~22 15:~ ~13'01 ~ 1~ ~:~ ~01'~ ~ 1~23 ~:10 ~'~ 12C 2 October 22, 1997 Ms. Judith Flanagan Naples Daily N~s 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearin~ to consider Scrivener's Error Resolution Dear Judi: Please advertise the above referenced notice one time on Sunday, November 2, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 800551 12C 2 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Count~ Commissioners of Collier County, will hold a public hearing on TUESDAY, NOVEMBER 18, 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 a Resolution ~mending Condition Number i of Resolution 97-03, pertaining to the Arbor Lake Club PUD, in Collier County, Florida, to correct a Scrivener's Error in the said total number of dwelling units approved for the property. Ail interest,aJ 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. BOAP~ OF COUNTY COMMISSIONERS COLLIER COUN"rY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) October 22, 1997 Mr. Chahram Badamtchian Planning Services Department Community Development 2800 N. Horsushoe Drive Naples, FL 24104 Re: Notice of Public Hearing to consider a Resolution correcting a Scrivener's Error Dear Petitioner: Please be advised that the above referenced ~etition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: David Morin 120 October 22, 1997 Mr. David Morin Hole, Montes & Associates 715 10th Street South Naples, FL 34106 Re: Notice of Public Hearing to consider a Resolution correcting a Scrivener's Error Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Chahram Badamtchian RESOLUTION NO. 97- A RESOLUTION AMENDING CONDITION NUMBER 1 OF RESOLUTION 97-03,FOR PROPERTY HEREIN;t~r~K DESCRIBED IN COLLIER COUN~, FLORIDA, TO COP. RECTA SCRIV~NER'S ERROR IN THE SAID TOTAL N-u~4B~ROF DWELLING UNITS APPRO%rED FOR T~E PROPERTY. WHEREAS, the Collier County Board of County Commissioners in accordance with Section 2.7.3.4. of the Collier County Land Development Code, adopted Resolution 97-03 pertaining to the Arbor Lake Club PUD on January 7, 1997 extending the current PUD approval for a period of two years, and WHEREAS, following said action adopting Resolution 97-03, staff was advised that the number of dwelling units and the gross density approved for this PUD was not correctly reflected in said Resolution and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida, that Condition I of Resolution 97-03, is hereby revised to read as follows: 1. The permitted density of eleven (11) units per acre in accordance with the approved Arbor Lake Club PUD (Ordinance 90-37) shall be reduced by ~ 56 for a resulting density of C.9:8.5 units per acre. 2. A new Affordable Mousing A~reement must be signed between the County and the developer of this project. 20% of the project must be affordable by very low income and 80% affordable by low income families. BE IT FURTHER RESOLVED that this Resolutiom be recorded in the minutes of this Board. This Resolution adopted after motion, second and ~Jority vote. Done this day of · , 1997. BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT"f, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. F~%NCOCK, Chairman Approved as to Form and Legal Sufficiency: MarjOrie M. Student Assistant County Attorney f l C~ lbk Words struck throuuh are deleted; words ~derlined are added. 12~ 2' ATI~: ~Y S~LDCA~ PO BOX &1~016 NA~.ES FL ~,10~-~K~16 ~E ~ [e~d4c E: O0'IZ~O 8C~51 P'~BLZSHEO, OK: 1',/0~ AC) $,*AC£: $7.0(X) ~HeJ4 FIL£O C~: 11/O]/97' 120 2.. RESOLUTION N0.'97-438... A RESOLUTION AMENDING CONDITION NUMBER 1 OF RESOLUTION 97-03,FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE SAID TOTAL NUMBER OF DWELLING UNITS APPROVED FOR THE PROPERTY. WHEREAS, the Collier County Board of County Commissioners in accordance with Section 2.7.3.4. of the Collier County Land Development Code, adopted Resolution 97-03 pertaining to the Arbor Lake Club PUD on Janua~! 7, 1997 extending the current PUD approval for a period of two years, and ~EREAS, following said action adopting Resolution 97-03, staff was advised that th'~ number of dwelling units and the gross density approved for this PUD was not correctly reflected in said Resolution and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida, that Condition 1 of Resolution 97-03, is hereby revised to read as follows: 1. The permit:ed density of eleven (11) units per acre in accordance with the approved Arbor Lake Club PUD (Ordinance 90-37) shall be reduced by ~ 56 for a resulting density of $.D$ 8.5 units per acre. 2. A new Affordable Housing Agreement must be signed between the County and the developer of this project. 20% of the project must be affordable by very low income and 80% affordable by low income families. 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 /S~' day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~I[40THY L/HANCOCK, Chairman / 120 3' I~.Sl I~X I~G~I..Nl~lril$11~ Of PUl. lC IEMIICS (if ~re S~ece ~ attv.,~ &e:~ ate Sk**t) /~/~ / ////)' -' 12C ' o ~m~i, Imm~ J~ 10-1~ 14:41 31 3~ 10-17 15:~ t ~02'~ ~1~1~ ~ 4 ~IA ~1 18-17 15:~ 392 1~ 10:15 ~'~ ~ 1~2I ~: 13 ~'~1 ~~ ~ 3 ~I~ ~Z 1~-21 11:19 ~'~ ~~ ~ ~ -.... 15 ~ 10-~ 11:19 1~ ~:1~ ~'~ T~ ~ 181 October 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Scrivener's Error Ordinance Dear Judi: Please advertise the above referenced notice one time on Sunday, November 2, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given tkat on TUESDAY NOVEMBER 18 1997 in the Boardroom, 3rd Floor, Administrat on Build ng, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Com~nissioners 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: ~4 ORDINANCE AMENDING OP~INAI.;CE NO. 97-38, TO CORRECT A SCRIVE~R'S ERROR IN THE LEGAL DESCRIPTION FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUN~f, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board, A~:inlstration Building, 4th Floor, Minutes and Records Department, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida between the hours of 8:00 a.m. and 5 p.m., Monday through Friday, excluding holidays and are available for inspection. All interested parties are invited to attend and be heard. ;Ny person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~,;~f CO~4IssIONERS COLLIER CO~;TY, FLORIDA TIMOTHY L. HANCOCK, C;{AIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk ( SEAL ) 12C October 22, 1997 Mr. Fred Reischel Planning Services Department Community De~,elopment 2800 North Horsehoe Drive Naples, FL 34106 Re: Notice of Public Hearing to consider an Ordinance correcting a Scrivener's Error Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ORDINANCE NO. 97- A~I ORDINANCE AMENDING ORDINANCE NO. 97-38, TO COP. RECTA SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY P~OVIDING FOR AN EFFECTIVE DATE. 120 3 WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 97-38, on August 26, 1997, and WHEREAS, following said action adopting Ordinance No. 97-38, staff was advised that the Legal Description, Exhibit "A" was in error and its correction constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Legal Description, Exhibit "A", as approved by the adoption of Ordinance No. 97-38, is hereby amended to read as follows: The NW h of the S ~ of the SE h of the SW h, less ROW, Township 50 South, Range 26 East, Section 8, Collier County, Florida, OR Book 1231, Page 800 SECTION TWO: EFF]~CTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of _ , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: MarJ~/rie M. Stbdent Assistant County Attorney BY: TIMOTHY L. HARCOCK, Chairman leq)Le~ I)etLy liars Afftdevtt of ~LJcmtto~ ATTN: MAsMCY SAVaGe8 ILUULES FL ~410~-~Cr16 liEF £ItENCE: OCYl 7..~ 800~ 51 57~0~5 ~CE ~ ~ TO ~tr of CoLLier ~fore t~ ~rst~ ~r~ty, ~r~tty it t~ AIstJt~t Cor~eete ~crete~ of Deft/ ~, a ~tLy r~$~t ~n CoLLtee ~ty, FtoriM: ~ of ~rt~at~ ~es ~Lt~ Affect fvrt~e ~e t~t t~ Mfd ~t~ ~tty ~LLier ~,'71, ~t~l~, ~ ~t t~ ~r ~e ~retof~e ~ ~Lt~ tn ~etd CoLLtee C~ty, miter mt t~ ~t offtce tn ~L~, in Mid CoLltee C~ty, ~torl~, foe l ~xt prec~t~ t~ fJrlt ~Llcettm atta~ c~ of ~ertte~; ~ efft~t ~ of lecurt~ thin ~(Wt ~LiMti~ tn t~ Mtd 11/02 ORDINANCE NO. 97- 72 AN ORDINANCE AMENDING ORDINANCE NO. 97-38, TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 97-38, on August 26, 1997, and WHEREAS, following said action adopting Ordinance No. 97-38, staff was advised that the Legal Description, Exhibit "A" was in error and its correction constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Legal Description, Exhibit "A", as approved by the adoption of Ordinance No. 97-38, is hereby amended to read as follows: The NW ~ of the S h of the SE h of the SW h, less ROW, Township 50 South, Range 26 East, Section 8, Collier County, Florida, OR Book 1231, Page 800 SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon 'iling with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of~ 1997. A ..~' '0'~m and L.gal . Marj~rie M. Stu~_nt Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY/~:'H~NCOCK, Chairrman Words s~ru~k through are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: 12C '~Y~-~ ~ ~-~_~ ~ -,::~_ '~:,a=-~ u% ~ C_~..i~ ' ~Y=~r~ of November, 1997, during Regular Session. 1997. DWIGHT E. BROCK Clerk of Courts and~f~ Ex-officio to ~: I~1 Jo~ S..~ I~LIEST F(X L£G~L AI?V~ITI$1IG OF fft.lLlC lF. Jall~3 To: Clerk to the Bo~r~: Ptem INoce the foLl~i~ M a: ~ (Si~ cleerly) petltic~ #o. (If none., give I~ie~ oescrlptlon): £dwnrd & Teresa Terry A~q iaAA~n~- ?~?v4_ .nme & ~cldce~s of a~y perK~(s) :: ~ ~tift~ ~ Clerk's Office: ~t) {1~ ~re s~e ~, ltt~ s~ ate or LegaLLy rec~tred I------T) Petition ~Jo..~IUA-97-3, Edward anO Teresa Terry requesting :he altering c.~ a non-conforming single family mobile home, by replacing the exlsting s~ruc~ure wlth a double wide mobile :n ~roperty located at cn the west side of Booker Boulevard, ]mmo(,alee, Parcel 29, In Section 9, Township 47 Sou~h, Ranae 29 -2as:, Coliier County, FlorLda. ' ~ISTIIIJTIOII IlrStl~lOlt$ /"'~~ egttmdu file; ~ It~ Olvta. iMt; ~ OFSiI?)L/to CLerk's ~fice I. ~ ~f~: Init., I m ~ ~ (.gLo) v'/,4-sios ~. [~TE ST. TIME TOTal_ TII~ A~BR ID STATUS 'I~:~,~S ~PT CO~ ~.CO~ ~3 ~24 12:~ ~1~'~ ~1 4~ I~ ~ 13 .... 12 ~,i ~-24 15:59 ~ ~' ~9 ~1~ ~ 10 ~~10 ~5 ~ 10:~ ~01'a9 ~18 ~ 3 ~14 ~6 ~-~ 11:~ ~'16 941~ ~ 9 ~~13~ ~V ~-~ 11:~ ~01'12 ~1 5~ 6~ ~ 2 ~11 ~ ~-~ 14:~ ~01' 19 ~14~4~ ~ 2 ....... 15 ~3 ~ 15:22 ~'47 ~1 ~4~1 ~ 1 ~ ~ ~ 12:~ ~01'~ ~ ~ 2 ~12 ~ ~ 13:18 ~.~ ~ ~ 3 ~IE September 29, 1997 Ms. Judith FianaHan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition N~A-97-3 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 2, 1997 and send the Affidavit of Publication, in duplicate, toqether with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk P.O. #704259 NOTICE OF PUBLIC HEARING Notice is here~y given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, NOVEMBER 18, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting ~;ill begin at 9:00 A.M. The Board will consider Petition ~A~97-3, Edward and Teresa Terry requesting the altering of a non-conforming single family mobile home, by replacing the existing structure with a double wide mobile on property located on the west side of Booker Boulevard, Immokalee, Parcel 29, in Section 9, Township 47 South, Range 29 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 1}A-1 September 29, 1997 Edward & Teresa Terry 609 Booker Blvd. Immokalee, FL 34143 RE: Revised Notice of Public Hearing to consider Petition NUA-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 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 2, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. RESOLUTION NO. 97- RELATING TO PETITION NUMBER NUA-97-3, FOR A NON-CONFORMING USE ~J~TERATION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, 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 replacing the existing mobile home with a new mobile home as shown on the attached plot plan, Exhibit "A" in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assermbled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition NUA-97-3 filed by Edward and Teresa Terry, property owner, with respect to the property hereinafter described as: EXHIBIT "B" be and the same hereby is approved for replacing the existing mobile home with a new mobile home as shown on the attached plot plan, Exhibit "A" of the P~F-6 Zoning District wherein ~aid property is located. BE IT RESOLVED that this Resolution relating to Petition Mun~ber NUA-97-3 be recorded in the minutes of this Board. 13A-1 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: MarJor.{e M. Student Assistant County Attorney f/.UA-97-3 ~SOLOT I O~/ I I I ~O'(X)) J ~F"' .~ .C '1 C · :,E · BOOK~ BOta. LTA, RO 0'1 (,.) LEGAL DF~gCRIPTION OF S~CT PROPERTY Pa.,CCI 29 ~ UNi~COIIIDF..D I:URYEY BEING OTHERWISE DESC,Rlt~D AS T~ WEST FKT ~ T~ KAST ~O F~ ~ T~ ~TH ~-HA~ ~ T~ ~~ST ~-~ART~ ~ T~ ~E~T ~-~TER OF T~ N~T~A~T X~U~TER T~ ~T~ST ~~~ ~ ~CT~ ~, TOW 47 S~T~ R~ Zt ~&ST. C~ C~ ~ EXiT ~ I~ 30 FEET. SSI-RESD PROPERTT INQUIR~ 09/: O1 Folio Number: 00135520002 02 Strap Number : 472909 029.0002E0! 03 Physical Loc: Street- Type- Ordin- No-000100 04 Millage Area: 148 Fire District: I~ FIRE DISTRICT 05 Subdiv/Condo: A~ HEADER Block- 029 Lot-.~ LIME LEGAL DESCRIPTION 01 9 47 29 W 100FT OF E 130FT OF 02 N1/2 OF NWl/4 OF S~1/4 OF 03 1TE1/4 OF NE1/4, LESS S 30FT 04 OR 585 PG 217 LINE LEGAL DESCRIPTION ~L~ ~Jly NevZ ~Le~s FI. 33940 BOARD OF COL~TY CC~J~]$$IGNER$ ATTN: KANCY SALOGL,~ PO BOX &1~16 ~APLES FL 3~1CY1-34716 REFERENCE: 0012GO 704259 575&658~ NOTICE OF PU~LZC NEA State of FLorida Co~ty of CoLLier Before the understgr~d ~rthortty, per~naLty ~er~ 8. ~, ~ ~ ~th ~s t~ os t~ Ass~st~t Cor~rete ~reto~ ~ t~ ~L~ DaiLy ~, a ~tty ~r ~ti~ at ~t~, tn CoLLie? ~,ty, F[ort~: t~t tM Itt~ Affl~t furt~r ~ t~t t~ Mid ~[~ ~lLSer ~ty, FLor$~, ~ ~t t~ ~r ~ ~retofor~ ~ ~t~Ly [~l$~ ~n iaSd ColLier :~ty, FI~, ~:ttr it the ~lt off See Sn ~[m~, lttl~ ~ Of ~verttl~t; ~ furt~r ~m t~t ~ ~m ~lt~e ~ld pr~is~ ~ ~r~, fire ~ c~rlt~ die--t, r~te, c~$sl~ ~ ref~ ~r~ae of aecurt~ thil ~ertli~t for ~t~t~ tn the sa~d ~;~LXS~(O 0~: 11/02 2'000 RESOLUTION NO. 97- 4)9 RELATING TO PETITION NUMBER NUA-97-3, FOR A NON-CONFORMING USE ALTERATION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, 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 replacing the existing mobile home with a new mobile home as shown on the attached plot plan, Exhibit "A" in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting asse~led and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition NUA-97-3 filed by Edward and Teresa Terry, property o~ner, with respect to the property hereinafter described as: EXHIBIT "B" be and the same hereby is approved for replacing the existing mobile home with a new mobile home as shown on the attached plot plan, Exhibit "A" of the RMF-6 Zoning District wherein %aid property is located. BE IT RESOLVED that this Resolution relating to Petition Nu~f~er NUA-97-3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /~-~ Marjo~e M. Student Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA T'I MOTH~ ~'HAN~O~'K, Chairman f/NUA- 97-3 P~$OLUT i ON/ -2- NORTtl , I Scale: I" - 20' t UHPLATTED LANDS 130'(D} ... · "4 -4' mm eoo~z~ ec~.~'v~o on (ASPHALT) LEGAL DESCRIPTION OF SIYBJECT PROPERTy SSI-RESD PROPERTT INQUIRT 09/19/ 01 Folio Nu~er: 00135520002 02 Strap Number : 472909 029.0002E09 03 Physical Loc: Street- Type- Ordin- No-000100 04 Millage Area: 148 Fire District: IMI4OK~T.~'- FIRE DISTRICT 05 Subdiv/Condo: ACREA~ HEADER Block- 029 Lot-.000 LINE LEGAL DESCRIPTION 01 9 47 29 w 100FT OF E 130FT OF 02 N1/2 OF NWl/4 OF 8W1/4 OF 03 NE1/4 OF N~1/4, Z~88 S 30FT 04 OR 585 ~G 217 LINE LEGAL DESCRIPTION RESOLUTION 97-4.40 RELATING TO PETITION NO. CU-96-12E FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22, 1996, the Board of Zoning Appeals enacted Resolution No. 96-488, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a house of worship, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been conunenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Don Apperson, for the first of three (3) permitted one (1) year extensions, in interest of the following described property: North 650 feet of Tract 81, Golden Gate Estates Unit 4, as recorded in Plat Book 4, Pages 79-80, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-488, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until November 18, 1998. -1- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this /~'~ day of /~W~~. , 1997. ., .'...., . ~.~~'~'. Ct e r k ~~~'~and Legal Sufficiency: Marj~e M. S~udAnt Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA . A COCk, Chairman f/CU-96-12£ -2- RESOLUTION 96- 488 WHEREAS 72i24' ,~'La~ '~" ' 6 6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A HOUSE OF WORSHIP CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RA3~GE 26 EAST, COLLIER COUNTY, FLORIDA. the Legislature Of the state of Florida in Chapter of Florida~ and Chapter 125,' Florida Statutes, has co~fer~d on C~llier'County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regul, ations for the zoning of particular "'- ge°g~aphic divisions of the ~'County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County'Planning Commission, being the duly · · appointed and constituted planning board for the area hereby affected, "~:" 'fha'~'"h',ld 'a 'p6blic h'earing after notice as in said regulations made and ~.and ha'~.conside~ed~the advisabklity'of Conditional Use "1" of ..'Section'212.3.3 in an "E" Estates zone for a house of worship ~n the property hereinafter ~escribed, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County P. lanning Commission; and ~<HEREAS, all interested parties have been given opportunity to heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF ~.~ZONING APPEAL~ of 'c0 Collier unty Florida that: the Th~ petition filed by Don Apperson wit~.respect to the property . hereinafter described as: North 650 feet of Tract 81, Golden Gate'Estates Unit 4, as r~cord~d in Plat Book 4, Pages 79-80, of the Public Records of Collier County, Florida be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a house of worship in accordance with the Conceptual Master Plan (Exhibit "B") and subject to followi~.g conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or. major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan ...Review and Approval, of the Collier Couhty Land Develobment Code (Ordinance No. ~1-102). b. Pursuant to Section 2.2.25.8.1~of.the Land Development.'~.:.-- .... ~ ": Code;~':if,' urlng the '~ourse Of-site'~learing, excavation or other construction activity-an historic or archaeological artifact is found, all development within . · the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An exotic vegetation removal, monitoring, Vend .. ?...<~..~" . 'maintenance '(exotic'free) plan :for"the ~si~e,"~hall"be''' ''.' '''~ submitted to Current Planning.Environmental Review S~aff---' - .'~ ...... for review and approval 'prior~t6":fi~al.site.plan/~:qQ~..:~.3.:.... . construction approval. '' "i r".:. d. Arterial level street lighting shall be installed at the project entrance at the time of issuance of the certificate of occupancy. e. Access to the site is shown by way of Golden Gate Boulevard. Access may be constrained as followS: i.) Under the two lane condition for Golden Gate Boulevard, the site may enjoy full access in concert with the installation of both eastbound and westbound turn lanes. ii.) Under the four-lane or six-lane condition for Golden Gate Boulevard, the site may be constrained to a right-in/right-out only. Nothing in any approval shall vest any right of median opening in this site. : .be 'secured 'bY ;'the )ark ~enti ......... p~-.u~e' g. The County.may require additional-25 feet of ..... ~" right-of-way to four-lane Golden Gate Boulevard. This donation shall be accomplished When requested by the county. Any future right-of~way donation may be eligible for road impact fee credits consistent with the requirements set forth in Ordnance 92-22, as amended. h, The existing sidewalk should be replaced in kind as a consequence of any construction on the site. i. Evidence of a positive drainage outfall shall be provided during the Site Development Plan approval process. J. The drivewaw"locati6n shall be congest"at with the Collier County Access.Management Policy, Resolution 92-422.' '' k. The Petitioner shall provide an additional 20 foot buffer with the required Type "D" buffer along Golden Gate Boulevard at the time of Site Development Plan Approval. BE IT F~RPHER RESOLVED that this Resolution be recorded in the minutes of this Board. · .. ~ !~. ,. ~ ........ .. .... · . ~ ... Commissioner Con~n~{n, offered the foregoing · .R~.oluti~and ,moyed .fOr ~its ].adoption,'~e66hd~d 'by .~C°~mis'si6~9 .... Mae'K~ ~'~ - ..... ~ ....'~.'-and upon 'roll'call~" the vote 'was: AYES: 'Commissioner Constantine,~ Commissioner Mac'Kie,. Commissioner Commissioner Norris NAYS: Commissioner Matthews .... ABSENT AND NOT VOTING: ..·....~ ..~ . ~...,:,~,~,,,~ ..... - . ,..i,.~·., .?' .... r-..~ .... [Tt.~/ -, .... -"- Done this 22nd ..... day of -' '~o~'~6&~-"., 1'9'~] AT, TEST: .' · . .: ...,... : D~HT E.' BROC~,".CL~RK ·-. ~ ' -,~ , .: '2.'... '~ ~ : .' · !.. ...,.., . .. ~!.¥'.. . ,. :. · .',~/-~ '....~-·. (.. -.x..~..~ / :~ASSISTA~ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA N C. NORRIS, CHAIRMAN STUDENT FINDING OF FACT " BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-12 ., The following facts are found: 1. Section 2.2.3.3.1 of the Land Devlopment.'Code authorized the conditional use. ' .......... ".':%~' 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: consistency with the Land Development Code and Growth Management Pla~. , '- ' .... ' Yes / No-''.~'-~''':' " B. Ingress and egress to property and proposed structures thereon with.particular.reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of .................. -.fire or catastrophe:~''~.,''':?':~'? ........ ~ ~" A~equate ingress~ egress Yes ~/'No C. Affects ~eighboring properties in relation to noise,~z31are, economic or odor effects: · /No affect or Affect mitigated by .... ' .... Affect'c~nnot.be ~itigated 'D. ~ompatibilit~"W'~th adjacent properties and other property in the district: ............ Compatible use within~istrict -' Yes. ~/' No Based on the above findings, this ~nal use should, with stipulations, (copy attached~ ~) be recommended for approval . FINDING OF FACT CHAIRMAN/17621 EX}{IBIT "A" RESOLUTION NO. 97- 633 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE THREE, 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 Commissioners of Collier County, Florida, on October 10, 1995 approved the plat of Village Walk Phase Three for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and s:wer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); 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, drainage, water and sewer improvements in Village Walk Phase Three, 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. · K, CLERK~ '~" Approved as to fo~ ~d legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney . .This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY.~. HANCOCK, 18A-2 --' ....'''~ ........ '"'''''''''--''"'''~' ' ~' ~' Dee. -- '~.'_::'7~ .-_ ,,~ ' - ' ~~ ~ Ortgl~ t~ Cte~k'~ office PUBLIC NOTICE On November 11,1997 the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Kensington Park Phase One", and approve for recording the final plat of"Kensington Gardens". The item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF KENSINGTON GARDENS AND APPROVE THE VACATION OF A PORTION OF THE PLAT OF KENSINGTON PARK PHASE ONE, PETITION AV-97-023". 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.. 1 2 3 8 9 10 164,-2 P~SOLUTIO~ HO. 97 RESOLUTION AUTHORIZIN~ THE ACCEPTANCE OF BLENSINGTON GAR/DENS A REPLAT OF A PORTIO~ OF A pReVIOUSLY RECORDED PLAT K/~OWN AS K~NSINGTON PA/~K P~ASE 0~, AIq]D AUTHORIZING THE VACATION OF A PORTION OF TRACTS GCl AND GC2, ((~OLF COURSE, LAKE MAINTENA~CE, ACCESS AND DRAINAGE EASEME/qTS) ACCORDING TO THE RJECORDED PLAT OF ~SINGTON P~ P~SE ONE ACCODING TO THE ATTA~ED LE~ DES~IPTION, PETITION AV-97-023 13 WHEP~AS, the Board of County Co~missioners of Collier County, 14 Florida, on February 23, 1993 approved the plat of Kensington Park 15 Phase One for recording; and 16 17 WHEREF~, Dudley Goodlette, as T~stee is replat~in~ e portion ~8 of Kensington Park Phase One and has filed for a replat o~ said x9 lands; and =X ~R~S, except as provided for in this Resolution, this replat ~ does not extin~ish or In an~ay affect the dedications contained in 13 the previous plat of these lands; and 26 portion of the previously recorded plat as described in E~ibit A; and 27 ~8 ~R~S, this parcel, the approved, plat of Kensington Gardens, 29 is a part of a previously apDro=ed and recorded plat, Kensington Park 30 Phase One, az~l the filing and recording of ~his approved pla= shall ~l not affect access to lots previously conveyed under the K~nsington 32 plat. 33 34 NOW, THEREFORE, B~ IT RESOLED ~ ODERED BY ~E BO~D OF 35 CO~ CO~I SS IO~RS OF COLLIE~ CO~Y, FLORIDA, that ~he plat of 36 Kensington Gardens, a par= of a previOUSly approved and recorded plat, 37 Kensington Park Phase One, is hereby approved for recording and the 38 dedications contained on =he plat of Kensington Park Phase One are 39 hereby accepted, and those lands described in Exhibit A are hereby ~40 -vacated. Said vacation shall become effective upon recordation of the 42 43 BE IT F~THER REBOL~ ~ OPENED that the Clerk of the' ~ Circuit Court shall make proper notation of this action upon the 45 previous plat and record a certified copy of this replat and a 46 cer~i~ed copy of ~he vacation re~o~u~on ~n ~he O~c~a~ Records o~ 47 Collier County. 4~ 49 This Resol~%ion adopted after mo=ion, second and ~jority vote BOARD OF COLINT~ COMMISSIONERS COLLIE~ COUNTY, FLORIDA TIMOTHY L. HANCOCK C}{AIRMAN 50 favoring same. DATED: 54 ATTEST: 57 DWIGHT E. BROCK, CLERK $9 62 63 65 Approved as to form and legal 69 ~di F: Ksht6n 70 Assistant Collier Co~nty Atto~ey 72 73 By: ~000h ,'~."q(~ A~X~INROD OD HHXqq0D 9g~g~tgTl'~ 1'~ 0~:0T 16 -Z KENSINGTON GARDENS REPLAT VACATION CEC FILE NO. 96.324 List of Prope..rty Owner's Within 250 Feet: Kenmc. gton Golf and Country Club, Inc. J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, Florida 34109 16A-2- .,~ x~-~ x~o~ ~o' ~x.~ ' ~'~ M4 I~f'~FU~M5 OK 6 ~C~11 421 18-~ 17:12 ~'41 ~ 414 ~4 ~ 1 ' 4~ 18-~ 17:14 ~'~1'19 ~ 414 ~24 ~23 10-~ 12:87 ~'46 ~11 ~45261 424 1G-~ 14:13 ~3'~ 713 ~ ~9 - 2 4~1~12 4~ 10-29 16:~ ~ 01'59 9~4 ~ 3 ~~11 4~ 10-29 16:~ ~01'57 9~8~ 4~ 10-~ 16:51 ~ 01'~ 9~34~ ~ 2 ~~14 4~ 1~-~ 17:0~ ~1'45 9~ ~ 2 16 4~ 1~ 17:4~ ~01'~ 9~4 ~ ~ ~14 4~ 10-~i 16: ~ ~ 01' ~ 9~54~4 ~ $ ~14 TOT~ October 31, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-023 Dear Judi: Please advertise the above referenced notice two times, one time on Wednesday, November 5, 1997 and one time on Wednesday, November, 12 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 113-138323-649110 16A-2 PUBLIC NOTICE On November 18, 1997, the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Kensington Park Phase One', and approve for recording the plat of "Kensington Gardens" This item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF KENSINGTON GARDENS AND APPROVE THE VACATION OF A PORTION OF THE PLAT OF KENSINGTON PARK PHASE ONE, PETITION AV-97-023" Persons wishing further information, or to have the i~em 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) October 31, 1997 J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, FL 34109 RE: Notice of Public Hearing to consider Petition AV-97-023 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 5, 1997 and Wednesday, November 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 16A-2 October 31, 1997 Kensington Golf and Country Club, Inc. J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, FL 34109 Re: Notice of Public Hearing re Petition AV-97-023 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Wednesday, November 5, 1997 and Wednesday, November 12, 1997. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. 1 3 ? 8 9 10 11 12 13 P. ESOLUTION NO. 97 16A-2 RESOLUTION AUTHORIZING THE ACCEPTANCE OF KENSINGTON G~RDENS A REPI~%T OF A PORTION OF A PREVIOUSLY RECORDED Pk~T ~/qOWN AS KENSINGTON PARK PHASE ONE, AArD AU/"HORIZING THE VACATION OF A PORTION OF TRACTS GC1 AND GC2, (GOLF COURSE, LAKE MAIN/q~IANCE, ACCESS A/TD DRAINAGE EASEMENTS) ACCORDING TO THE RECORDED PLAT OF KENSINGTON PARK PP~%SE ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-023 WHEREAS, the Board of County Commissioners of Collier County, 14 Florida, on February 23, 1993 approved the plat of Kensington Park 15 Phase One for recording; and 16 17 WHEREAS, Dudley Goodlette, 'as Trustee is replatting a portion 18 of Kensington Park Phase One and has filed for a replat of said 19 lands; and 2[ WHEREAS, except as provided for in this Resolution, this replat 12 does not extinguish or in anyway affect the dedications contained in 23 the previocs plat of the3e lands; and WHEREAS, Dudley Goodlette, as Trustee desires to vacate a 26 portion of the previously recorded plat as described in Exhibit A; and 27 28 WHEREAS, this parcel, the approved plat of Kensington Gardens, 29 is a part of a previously approved and recorded plat, Kensington Park 30 Phase One, and the filing and recording of this approved plat shall 31 not affect access to lots previously conveyed under the Kensington 32 plat. 33 34 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF 35 CO~ COMMISSIONERS OF COLLIER COUN/~, FLORIDA, that the plat of 36 Kensington Gardens, a part of a previously approved and recorded plat, 37 Kensington Park Phase One, is hereby approved for recording and the 38 dedications contained on the plat of Kensington Park Phase One are 39 hereby accepted, and those lands described in Exhibit A are hereby 40 vacated. Said vacation shall become effective upon recordation of the 41 subject plat. 42 43 BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the 44 Circuit Court shall make proper notation of this action upon the a5 previous plat and record a certified copy of this replat and a a6 certified copy of the vacation resolution in the Official Records of 47 Collier County. 48 49 This Resolution adopted after motion, second and majority vote 50 favoring same. 51 53 DATED: 54 ATTEST: 55 56 57 DWIGHT E. BROCK, CLERK 59 6! 62 63 65 Approved as to form and legal sufficiencv: 69 H~di 'F.- A'shton 70 Assistant Collier County Attorney 7~ 72 BOAPdD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HA/qCOCK CHAIRMAn; N~plaa Daily News I~aples, FL 339~ Affi~vit of PubLtcati~ 14r, ples hily BOARD OF COUNTY CO~MIS$IOHER$ ATTN: NAHCY SALOGUB ~0 BOX 4130~6 NAPLES FL 34101-3016 REFEREHCE: 001230 1131~3236491 5758~126 PUBLIC NOTICE O~ K~OV State of Florida C~ty of Collier Before the ~ersig~ aut~rtty, ~r~lly epgeared A'~la Bryant, ~ on ~th mays t~t aha serves ss A.sistant Secretary of the ~ples Daily Ne~s, a daily n~s~r ~lis~ at ~les, in Collier C~ty, Ftori~: t~t t~ attac~ c~ of the ~erti~f~ ~ ~lt~h~ tn ~td n~r ~ ~tes l~t~. Afft~t furt~r ~ys t~t the ~id ~l~ Daily N~t is a ~s~r ~ll~ It ~[~, tn maid Collier C~ty, FloH~, ~ t~t t~ aid n~t~r ~ ~retofore ~ ~tt~l[y ~ltsh~ tn said Collier ~ty, F[ort~, each ~y ~ ~s ~ mter~ ~ te~ cLlll ail attar at the ~st office tn H~let, tn ~d Collier C~ty, Flort~, for s ~rt~ of I year next prec~t~ t~ firlt ~[t~tt~ of t~ attach~ c~y of ~erttl~t; ~ afftmt further says t~t the ~1 ~tther ~td ~r pr~t~ ~y ~rs~, firm or c~rati~ ~y ditc~t, recta, cattH~ or ref~ for the ~r~se of securing this ~ertts~t for ~licati~ tn the said n~t~r. PUBLISHED o~: 11/05 AD SPAC[: 45.000 I~JCH FILED ON: 11/05/97 Signature of Affiant L~' ' Sworn to and Subscribed before . this 'J'~ day of Ju~l~ A. Flanigan MY (',0N'~ISSION t C~508787 EXW1F. F.$ February 19, 2000 RESOLLrfION NO. 97-434 RESOLUTION AUTHORIZING THE ACCEPTA/gCE OF KENSINGTON GARDENS A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PlAT ~OWN AS KENSINGTON PARK PHASE ONE, AND AUTHORIZING THE VACATION OF A PORTION OF TRACTS GC1 AND GC2, (GOLF COURSE, LAKE FL~INTENA/gCE, ACCESS A/~D DRAINAGE F~SEMENTS) ACCORDING TO THE RECORDED PI=AT OF KENSINGTON PARK PHASE ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-023 WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 23, 1993 approved the plat of Kensington Park Phase One for recording; and WHEREAS, Dudley Goodlette, as Trustee is replatting a portion of Kensington Park Phase One 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, Dudley Goodlette, as Trustee desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Kensington Gardens, is a part of a previously approved and recorded plat, Kensington Park Phase One, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Kensington plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BO/~RD OF COUNTY COMMISSIONERS OF COLLIER COUAVEY, FLORIDA, that the plat of Kensington Gardens, a part of a previously approved and recorded plat, Kensington Park Phase One is hereby approved for recording and the dedications contained on the plat of Kensington Park Phase One 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: //- ATTEST: ',,~, ..... -'~:~t~/~,: ' DW ~O~~gK',. ~ CLERK ~pproved."as '~o form and legal suf ficienc~.: ~eidi ~.~ Aintoh AssJ. st~nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F?~)~DA October 22, 1997 IRREVOCABLE STANDBY LETTER OF CREDIT No. 97-06 Gulf Coast National Bank 3838 Tamiami Trail North Naples, FL 34103 PLACE OF EXPIRY: At Issuers counters at the above address. DATE OF E~XPIRY: October 22, 1998. BENEFICIARY: The Board of County Commissioners Collier County, Florida c/o Office of the County Attorney Collier County Courthouse Complex Naples, Florida APPLICANT: J. Dudley Goodlette, Trustee 4001 Tamiami Trail North Suite 300 Naples, FL 34103' AMOUNT: FIVE HUNDILED EIGHTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($585,200.00) U.S. up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary',s drafts at sight drawn on the Issuer DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "J. Dudley Goodlette, Trustee, has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Kensington Gardens or ~ 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.' LOCATION: 3838 Tamiarnl Tr,-,,il North. Naples, FL 33940 · MAIUNG ADDRESS: RO. Box 41 .T040, ~. FL 33941 -..T040 PHONE.: (9411Z614?.6Z · 1-8(X)--648-4262 · I:AX: (941) Z61-0501 Irrevocable Letter of Credit October 22, 1997 Page 2 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: 'Drawn under Gulf Coast National Bank Irrevocable Letter of Credit No. 97-06 dated October 21, 1997.~ The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. OTHER PROVISIONS: This Letter of Credit sets forth in full the terms of issuer's undertaking and such undertaking shall not in any way be modified, mended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. It is a condition of this Letter of Credit that it shall be automatically extended without amendment for one year from the Expiration Date hereof, or any future expiration date, unless sixty (60) days prior to any expiration date we send notice to you by Certified Mail, to the above address, that we elect not to extend this Credit for any such additional period. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. , Very truly yours GULF COAST NATIONAL BANK President 16A 2. CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /~-~ day of/~~, 1997 between J. Dudley Goodlette, Trustee hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. 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: Kensington Gardens 2. Division 3.2 of the Collier County Unified 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: 1. Developer will cause to be constructed: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereof) in the amount of $585,200.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. 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, after written notice to Developer, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. 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. 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 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. 2 16A 2 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by 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 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 rzsponsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the 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 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 reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. 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 i improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pa>' and to indemnify the Board, upon completion of such construction, the final total cost to tke 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 carry out all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer respective successors and assigns of the Developer. 1. O/4 r IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day offS. 1997. Signed, Sealed and Delivered Printed Name J. Dudley Goodlette, Trustee I. Dudley Goodlette, Trustee Printed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 'lztm°thy ~ncock Chairman 1 6 A 2. EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY I. Potable Water System II. Sanitary Sewer System III. Drainage IV. Paving Concrete, Miscellaneous SubTotal Total (rounded to nearest $1,000) 10% of Total ~ 110% Letter of Credit ,,mount = $ 88,662.00 $ 96,317.00 $ 83,347.00 $263,068.90 I;531,394.90 $532,000.00 $ 53,200.00 $585,200.00 October 22, 1997 IRREVOCABLE STANDBY LETTER OF CREDIT No. 97- ISSUER: Gulf Coast National Bank 3838 Tamiami Trail North Naples, FL 34.103 PLACE OF EXPIRY: At Issuers counters at the above address. DATE OF EXPIRY: October 22, 1998. BENEFICIARY: The Board of County Commissioners Collier County, Florida c/o Office of the County Attorney Collier County Courthouse Complex Naples, Florida APPLICANT: J. Dudley Goodlette, Trustee 4001 Tamiami Trail North Suite 300 Naples, FL 34103 AMOUr'T: FIVE HU~'DRED EIGHTY-FIVE THOUSAND TWO HUNDRED AaND NO/100 DOLL.~LS ($585,200.00) U.S. up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment agai~ut documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer DOCUMENTS REQUIRED: AVAII~A~LE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "J. Dudley Goodlette, Trustee, has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Kensington Gardens or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." LOCATION: 3838 Tamiami Trail North. Naples. fL 33940 · MAILING ADORE.SS: P.O. Box 413040. Naples. FL 33941-30.10 PHONE: (941 ) Z01-426Z · 1-800-648-42.62. · FAX: (941 ) 261-0501 I~evocable Latter of Credit October 22, 1997 Page 2 16A DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Gulf Coast National Bank Irrevocable Letter of Credit No. 97- 0~' dated October 21, 1997." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. OTHER PROVISIONS: This letter of Credit sets forth in full the terms of issuer's undertaking and such undertaking shall not in any ,,,,'ay be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. It is a condition of this Letter of Credit that it shall be automatically extended without amendment for one year from the Expiration Date hereof, or any future expiration date, unless sixty (60) days prior to any expiration date we send notice to you by Certified Mail, to the above address, that we elect not to extend this Credit for any such additional period. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. Very truly yours G~~~~~ ~COAST NATIONAL BANK President COASTAL ENGINEERING CONSULTANTS INC KENSINGTON PARK PHASE ONE PORTION OF TRACT GC2 (GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT) TO BE VACATED That part of Tract GC2 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida being described as follows: Commencing at the intersection of the west line of Tract R CEatonwood Lane) of Kensington Park Phase 'Y.tree-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the northerly line of Tract GC2 of said Kensington Park Phase One subdivision, run S89°50'13"W along the northerly line of said Tract GC2 for 10.81 feet to the POINT OF BEGINNING; thence continue along said northerly line S89°50'13"W 70.01 feet; thence leaving said line S45°09'4T'E 14.15 feet; thence N89°50'13"E 50.00 feet; thence N44°50'I3"E 14.15 feet to the POINT OF BEGINNING. The above describes an area of approximately 600 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. Richard J. Ewing, V~. ~ Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 96.324 DATE SIGNED: /~ ,--/.r"'~ ~ 3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 ,. (941) 643-2324 · FAX (941) 643-1143 16A COASTAL ENGINEERING CONSULTANTS INC ICENSINGTON PARK PHASE ONE PORTION OF TRACT GC2 (GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT) TO BE VACATED DESCRIPTION That part of Tract GC2 of Kensington Park Phase One, a subdivision recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida. being described as follows: Commencing at the northeast comer of Tract GC4 of said subdivision run 330.96 feet along the easterly line of said Tract GC4 and the arc of a curve concave to the southeast having a radius of 480.00 feet, a central angle of 39'30'19" and a chord of 324.44 feet bearing S37'37'57"W; thence S72'07'13"E 360.00 feet to an intersection with the westerly line of said Tract GC2; thence along said westerly line S17'52'47"W 42.47 feet to a point of curvature and the POINT OF BEGINNING; thence 49.56 feet along the arc of a curve concave to the east having a radius of 75.00 feet, a central angle of 37'51'49" and a chord of 48.67 feet bearing S01' 03'08"E to a point of reverse curvature; thence 63.30 feet along the arc of a curve concave to the southwest having a radius of 210.00 feet, a central angle of 17' 16'19" and a chord of 63.07 feet bearing Sl1'20'53"E to an intersection with the boundary of said Tract GC2; thence along said boundary 22.64 feet along the arc of a curve concave to the southeast having a radius of 200.00 feet, a central angle of 06'29'04" and a chord of 22.62 feet bearing N66' 43'26"W to a point of reverse curvature; thence 38.33 feet along the arc of curve concave to the northeast having a radius of 25.00 feet, a central angle of 87' 50'45" and a chord of 34.68 feet bearing N26' 02'36"W to a point of tangency; thence N17'52'47"E 73.96 feet to the POINT OF BEGINNING. The above describes an area of approximately 1,834 square feet of land. Subject to easements, restrictions and reservations of record. COAST~L ENGINEERING CONSULTANTS, INC. FLO~ BUS~ff.~ORIZATION NO. I_B 2464 Richard J. Ewing~V.P. -'"- ~ · Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 96.324 DATE SIGNED:/o - 3106 S. HORSESHOE DRIVE * NAPLES. FLORIDA 34104 * (941) 643-2324 · FAX (941) 643-1143 2_. ~1 /. r ,_.] .<: ~ Z tD Z .... ~mxq TRACT GC1 ~ ~ KENSINGTON PARK PHASE ONE (P~T BOOK 21, PAGES 62-67) * ~ooor ~POINT OF BEGINNING 59,99' ~4.94' z 8 TRACT R TRACT D a ~ KENSINGTON PARK PHASE THREE-B ~NS~GTON P~K P~ O~ ~ ~ (P~T BOOK aa, PAGE 5-6) (P~T BOOK 21, PAGE 6~-67) / ,o.oo, ~X~XPOINT OF ( COMMENCEMENT POINT OF BEGINNING m.m ~"~ TRACT GC2 <~znz KENSINGTON PARK PHASE ONE ~zCo (P~T BOOK 21, PAGES 62-67) ~o~ t'rl ~0~ - TRACT GC1 KENSINGTON PARK PHASE (PLAT BOOK 21, PAGES 62-67) ONE ,~ so.o°, ? OF BEGINNING 59.99' 24,94 :~ TRACT D 8 TRACT R KENSINGTON P~kl~I~ PHASE ONE ~. KENSINGTON(PLAT BOOK 28,PARKpAGEPHASEs-6)THREE-B (PLAT BOOK 21, PAGE 62-67) S 89'50'13" ¥/ ~o ozzco COMMENCEMENT POINT OF BEGINNING TRACT GC2 KENSINGTON PARK PHASE ONE (PLAT BOOK 21, PAGES 62-67) o COASTAL ENGINEERING CONSULTANTS INC KENSINGTON PARK PHASE ONE PORTION OF TRAC'r GCl (GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT) TO BE VACATED That part of Tract GC1 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida being described as follows: Commencin~ at the intersection of the west line of Tract R (Eatonwood Lane) of' Kensington Park Phase 'l'hree-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the northerly line o£ Tract GC2 of' said Kensington Park Phase One subdivision, run N00°09'4T'W along said west line of Tract R for 60.00 feet to an intersection with the southerly line of said Tract GCI; thence along said southerly line S89°50'13'W 24.94 feet to the POINT OF BEGINNING; thence continue along said southerly line S89°50'13"W 59.99 feet; thence leaving said line N44°50' 13"E 7.07 feet; thence N89°50' 13"E 50.00 feet; thence S45°09'47"E 7.07 feet to the POINT OF BEGINNING. The above describes an area of approximately 275 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT ~ SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEe Frae NO. 96.2t24 DATE SIGNED:/o ~/t~ '",~ 7 3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 * (941) 643-2324 * FAX (941) 643-1143 / / / / / I / I / / / / I l / / / / / / 16A 2. ATTACHMENT D PETITIO~ FORM FOR VACATION OF P~AT OCCU]ARING SIMULTANEOUSLY WITH REPLAT (EXCEPT FOR ROAD RIGHT-OF-WAY) Date Received: ;Q- I~- ~ Petition $: A%;' ~' Petitioner/Owner: J. Dudley Gcodlet~e, Trustee Address: 2700 Pine Ridge B~ad Telephone: 649-4143 City/State: Naplest Florida Zip Code: 34109 Agent: O~astal Engineering O~nsultantsf Inc. Address: )iQ~ S. Horseshoe Drive City/State: Naples, Florida Location: Section 13 Township Telephone: 643-2324 Zip Code: 34104 49S Range 25E Legal Description: See At~ched Subdivision: Kensi~qtonP~k P~One Plat Book 21 Page(s) 62 - 67 Reason for Request: Replat for Kensinqton Gardens Subdivision. Current zoning: ~ Does this affect density? I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X No Signature of Petitioner Date J. D~dleyGoodlette~ Trustee Printed Title 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: Collier County Project Engineering Review Services of Community Development and Environmental Services Division i . Collier County Government Complex Naples, Fla. 33962 Telephone: (941) 643-8471 16B o Date: To: From: Re: November 19, 1997 Pete Schalt, Project Manager Office of Capital Projects Management Ellie Hoffman, Deputy Clerk Minutes & Records Department Consent to Use Easement Areas/FPL Enclosed please find three original documents as referenced above, Agenda Item #16B4, approved by the Board of County Commissioners on November 18, 1997. If you should have any questions, please contact me at: (8406). Thank you. Enclosure laB 4 Board of County Commissioners of Collier County, Florida, as lhe Governing Body of Collier County and Ex-OIficio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as 'County'} and Florida Power and Lighl Company (hereinafler referred lo as 'FP&L'). WHEREAS, County is Ihe holder of cedain Utility Easements granted lo the Board of County Commissioners ol Collier County, Florida as the Governing Body of Collier County and Ex-Offido lhe Governing Board of the Collier County Water-Sewer District, recorded in the eminent domain case filed on March 27, 1996, Case No. 96-1315-CA-01.CTC followed by the Order of Taking held June 17, 1996 in Collier County, Florida (hereinafter collectively referred to as the 'Easements'), which are fudher described as to specific Easements within Exhibit 'A', and; WHEREAS, FP&L desires to place electric power poles, run overhead electric lines, place transformers on power poles and brace poles wilh guy wires within and on a podion of the County's Easements for the purpose of electricity to the water well siles as pad of the North Collier Regional Water Treatment Plant Expansion Project, and; WHEREAS, County is willing to consent Iherelo subject to the following lerms, stipulations and conditions: 2) 3} Nol wi~hslanding any provision of the Easements which prohibits such construction and installation and subject to the terms, slipulalions and conditions stated herein, consent is hereby given by County Io FP&L Io install electric power poles, run overhead electric lines, place transformers on power poles, brace poles with guy wires and maintain electrical connections Io well sites within County Easements. FP&L accepts Ibis 'Consent to Use Easement Areas' with full knowledge of County's prior rights and existing facilities. This consent shall not be construed Io reduce or diminish Counly's prior rights in any way. All of FP&L's facilities located within the County's Easements shall be so constructed, ulilized and maintained as lo not, in any way, prevenl the safe and uninlerrupled operalion of and access Io and across lhe Easements and facilities of the County. FP&L will locate facilities as close as possible on lhe outside edge of lhe County easements in relation 1o the edge of pavemenl. County reserves lhe right Io require relocation of FPL's facilities within the County's easements. County shall not be liable in any manner for damages to, or the cost of replacement or maintenance of all or any podion of said electrical improvements and owner(s} of same hereby assume all risk and expense involved in the replacement or reconstruction and maintenance of same. FP&L hereby agrees 1o indemnify save, defend and hold harmless County (including, wilhout limitation, County's officers, employees, agents, nominees and residents) from and against any and all losses, damages (including without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, promises, variances, trespasses, executions and liabilities (including reasonable attorneys' fees and costs at all levels and/or negotiations} whatsoever, at law or in equity, whether ;2 tort, in contract or olherwise which may be asserted or recovered against County (including, without limitation, County's officers, employees, agents, nominees and residents) whether asserted by suit, proceeding, defenses, counterclaims, setoffs or otherv,'ise, resulting from FP&L, it's successors or assigns (including, without limitation, any and all of its invilees, licensees, franchisees, guests, lessees, employees, agenls and nominees) use, enjoyment and occupancy of the Easements pursuant to this Agreement. The foregoing indemnification and hold harmless provision shall not, however, apply to any damages, 16B 4. expenses or claims therefore adsing from the sole negligence, gross negligence or willful misconduct of Ihe County, its agents and employees. All of the terms and provisions of this Agreement shall be binding upon and shall inure ~o the benefit of the heirs, successors and assigns to the parties hereto. It is mutually understood and agreed lhat Ihis Agreement, as written covers all the agreements and stipulations between the padies and that no representation or statements, oral or written, have been made. modifying, adding to or changing the terms hereof. IN WITNESS WHEREOF, lhe padies herein, if individual, have executed by their proper officer(s) duly aulhodzed ~o such end. WITNESSES: Type Name: Donna M. Ro;debaugh '~.~ ", ?-' ',t :, .. .~ ,¢ . . ". ="P' ,'.b', ~"°' ' H'eidi F. hshton~ Assistant County Attorney FLORIDA P~R~&~G,,HT doMP~"/' ' ':' Title:~o~ or co~,'~- ~S' "' 'x ',/--'. h,"'. · 4:o-/~ ,.. :;... BOARD OF COU~ CO~ISSmONERS COLUEn COUP, ~On~OA, AS THE 60~RNING BODY OF COLLI~.~,,,, AND EX-OFFmOO ~E gO~, ...... ,. '7... 8OARD OF ~E CO~IER~OU~. ,, f , ?. .,'....? CHAI~ . '%,,.~.,~.'-~ '".:,,,,L,..,,,,'""" STATE OF FLORIDA )ss COUNTY OF PALM B£ACH) Cq,, The foregoing Consent to Use Easement Areas was acknowiedaed before me ~ ~ . , - ' '-'{ 7~ day of ,~,/?,~:.7 ~ ,1997, by John Chasm, D~rector of Co.rate Real Es/ale and ~s/s~t Secreta~ of Flodda Power and Light Company, on ~half of the utili~ ~mpany. He is ~nally known to me and did not take an oath, Nota~ Public Ty~ Na~: ~.. ~..~ My Com~ss~n~~~ · '" 16B FOLIO: 00205040001 901A DESCRIPTION OF PROPOSED COUNTY UTILITY EASEMENT A PROPOSED COUNTY UTILITY EASEMENT OVER. UNDER AND ACROSS ALL THAT PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 5.50 FEET OF THE SOUTHERLY 60.00 FEET OF THE SOUTHEAST OUARTER OF THE SOUTHEAST OUARTER OF SAtD SECTION 35: CONTAININg, 0.155 OF AN ACRE OF' LAND MORE OR LESS; S. UBJECT~ENTS AND RESTRICTIONS OF' RECORD. / - PARCEL 5 SECT/ON 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST for: COLLIER COUNT'Y, FLORIDA title: SOUTHEAST CORNER SECTION 35 1 I project: NCRWTP COUNTY UTILITY EASEMENT SKETCH & DESCRIPTION OF PROPOSED 5.5' C.U.E. EASEMENT PART OF SECTION 35. TOWNSHIP 48 SOUTh RANGE 26 EAST dote: JULY 27. 1995 scale: Tbook: l" ,, ;'00' jpage: project I ocod: 5163-P5 no.: 7086 /tech: 7086 16B b, 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO, PROJECT PARCEL NO, TAX PARCEL NO THE WEST gO FEET OF THE SOUTH SIXTY FEET OF THE SOUTH ONE-HALF OF THE SOUTf~,VEST ONE-QUARTER OF SECTION 36, TOWNSFffP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID DESCRIBED TRACT CONTAINING 0. I I0 ACRE (4~0 SQU.~.' ~E FEET), MORE OR LESS. DATE: PROFESSIONAL LAND SURVEYOR !~2406 OFFICE OF CAPffAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 33,01 E TAMIAMI TRNL NAPLES, FLORIDA .34112 THE F~J3OWING DESCrIBeD PROPERTY TS TO BE Aa~ul~u PRO~: ~ ~ p~ ~.: 903 ~ A ~ ~ ~O: ~208360005 D~SCRIPTION OF PROPOSED ~tL ~ASEMENT I A PROPOSEO ~LL EASEMENT O~R, UNDER AND ACROSS ALL' THAT PART OF SECTION 36, TO.SHIP 48 SOU~, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR~CULARLY DESCRIBED AS FOLLOW; COMMENCING AT THE NOR~ST CORNER OF ~ACT 49, UNIT 6, GOLDEN GATE ESTATES, PLAT BOOK 4. PAGE 93, ~ENCE N 00'44'00" E A DISTANCE OF 60.00 FEET TO ~E POINT OF BEGINNING OF ~f EASEMENT HEREIN BEING DESCRIBED; THENCE S 89'16'00" E A DISTANCE OF 25.00 FEET; ~ENCE N 00'44'00" E A DISTANCE OF 45.00 FEET; ~ENCE N 89'16'00" W A OISTANCE OF 50.00 FEET; THENCE S 00'44'00" W A DISTANCE OF 45.00 FEET; ~ENCE S 89'16'00" E A DISTANCE Of 25.00 FEET TO THE POINT OF B~OINNING Of ~E EASEMENT HEREIN DESCRIBED; CONTAINING 0.052 OF AN ACRE OF LANO MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRIC~ONS OF RECORD. ARIE~ R. ALVARE P. LS. 5358 SEC~ON 36 T48S ~LL -- ~ R26E EASEMENT ~ N 89q6'OO"W 50. O0 I I N ~ 81 o o I I~° ' s ~, % ~.oo <P.O.B. ' ~P.O.C. /NOR ~ST CORNER ,--~F ~ACT 49 48 49 '[ NOT A VE lt~,. ~projec[: N.C.R.W.T.P. .... COLUER COUNTY, ~ORIDA [ t~LL EXPANSION /tttle: I SKETCH ~ DESCRIP~ON OF I~LL EASE~EFIT [ m~m~ ' do[e: ~ ""~"~GNOLI AUGUST 22, 1995 . , ' ~ ' ' 86 tech: 708~ 16B ~. ~{E FOLLOWING DESCRIBED PROPERTY IS TO BE AOQUIRED A UTILITY EAS~ PROJECT: NCR%TP PRO3ECT PRACEL NO.: FOLIO: 00219400103 9068 DESCRIPTION OF PROPOSED WELL EASEMENT A PROPOSED V,~LL EASEMENT OVER, UNDER AND ACROSS ALL 1HAT PART OF SECTION 31, TOWNSHIP' 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEING ;,fORE PARTICULARLY DESCRIBED AS FOLLOWS; BECINNINC AT PIE NORTHWEST CORNER OF TRACT 49, UNIT 7, COLOEN CATE ES'FATES, PLAT BCOK 4, PACE 95; THENCE N 87'07'40" E A DISTANCE OF 25.00 FEET; TtIENCE N 02'52"20" W A DISTANCE OF 45.00 FEET; THENCE S 87'07'40" W A DISTANCE OF 50.00 FEET; THENCE S 02'52'20" E A DISTANCE OF 45.00 FEET; THENCE N 87'07'40" E A DISTANCE OF 25.00 FEET TO THE POINT OF DEGINNING OF THE EASEHENT HEREIN DESCRIBED; CONTAINING 0.052 OF AN ACRE OF LAND MORE OR LESS: su~ECT rD EASE,,fENTS ANO RESTRICT, ONS or RECORD. ARIEl. R. ALVAREZ U P.L.S. 5J58 SECTION 31 T48S R27E WELL -----% EASEMENT N S 87'07'40"W 50. O0 ,'-" I 'o ¢~ol Io'~ ~l ~' ~ I I I I i, 87.07,40,,E--7 T'x.-'~ 87.07.40"E 25.00 I ~-P.O.B. I ~ NORTHWrSr CO~r~ 48 I ~ OF TRACT 49 for: COLI. IER COUtlTY, FLORIDA title: St(ETCH & DESCRIPTION NOT A SURVEY proj¢ct N.C.R.W,T,P. WELL EXPANSION OF' WELL EASEMENT iiiii o,, I iliiItA / Professional engineers, planners, & lan4 =ur~eyor= date: AUGUST 22, 1995 scale: Tbook: l"~JO' ~ project Jacod: 5163-W3 no.: 7086 |tech: 7086 1 '5 AMENDMENT NUMBER 3 OF AGREEMENT DAVIS BOULEVARD LANDSCAPE BEAUTIFICATION AND STREETSCAPE MASTER PLAN PROJECT AGREEMENT THIS AMENDMENT OF AGREEMENT dated as of the /~ ~ day of November 1997, by and between Collier Naplescape 90's, Inc. AKA Collier Naplescape 90's hereinafter called tl',e CONSULTANT and George Botner, ASLA, hereinafter called "PROFESSIONAL", and Collier County a political subdivision of the State of Florida, hereinafter called the "OWNER" or "COUNTY". WHEREAS, the Parties hereto are also the parties to that certain Agreement dated the 4a day of June :996; 1" Amendment dated the 18t~ day of February 1997; and 2~ Amendment dated the 21~' day of October 1997; WHEREAS, the PROFESSIONAL delivered the preliminary design and construction documents for the Davis Blvd. landscape improvements, which included spray irrigation; WHEREAS, the Florida Department of Transportation has since revised the grant's criteria to not consider grants with spray irrigation; WHEREAS, it is desired of the parties to amend said Agreement to provide a new set of design and construction documents for the Davis Blvd. landscape improvements between Airport Road and County Barn Road necessitated because of revised FDOT criteria. NOW THEREFORE, based on the mutual convenants, conditions and obligations contained in the Agreements, the parties agree as follows: 1. That section of the document entitled SCOPE OF WORK, PAYMENT, TERMS, and AMENDMENTS, comprising a component part of the Agreement, addressing budget revisions be amended in writing, as follows: The PROFESSIONAL shall provide Comprehensive Design services and construction documents, including planting, irrigation, and traffic control, acceptable for Florida Department of Transpormtion's Right-Away Permitting and Grant Application for the 2.3 miles of Davis Boulevard between Airport Road and County Barn Road, as described in Attachment A. Additionally, the PROFESSIONAL shall provide follow up services as needed on a time and material basis as described in Attachment A. Except as expressly provided herein, the said Agreement dated as of the 4~' day of June 1996, as amended, remains in full force and effect according to the terms and conditions therein, mid said terms and conditions are applicable hereto except as expressly provided othe~'ise herein. 18B WHEREFORE, the parties have executed this Amendment to Agreement the day and year first above written, '?{~rk of Courts l WITNESSES' Type Name BOARD OF COUNTY COMMISSIONERS 'l~imothy L.Xaneo&, Chain-n=, AICP / CONSULTANT: George Bot,'~, Pt'es~ent PROFESSIONAL: George Botn~, AL~A Approved as to form and legal sufficiency: \\ITMAIN~USHER_S\Davis Beautification II GrantLa. mendment to contract.doc "Attachment A" 168 5 November 3, 1997 Mr. Joe Delate, ASLA Project Manager Office of Capital Projects Management Collier County Government 3301 East Tamiarni Trail Naples, FL 34112 Re: Davis Boulevard Median Landscape Phase II Construction Documents Dear Joe: Pursuant to our conversations with Mr. Ed Ilshner, Director, Public Works and Mr. Ed Finn, Operations Director, and yourselfi GBASLA is pleased to provide you with the following scope of services and terms for preparation of construction documents for Phase II Davis Boulevard Median Landscape. These services include medians only. Proiect Location: Da,As Boulevard Phase Il is situated between Airport Road and County Barn Road on SR 84 - Davis Boulevard for a length of 2.3 miles, M.O.L. Scope of Service,; GBASLA shall prepare the following documents which will be processed as part of a Collier County submittal for a F.D.O.T. R/ght-of-Way Permit and Grant Application to the Florida Highway Beautification Council as administered by F.D.O.T., District One, Barrow, Florida. All products shall be acceptable to F.D.O.T. for the above purposes. GBAS_LA Products: PLANS (24" x 36") Planting Plans (2-road segments/sheet) Planting Details Irrigation Plans (2-road segments/sheet) Irrigation Details Traffic Control Plans FDOT Cover Sheet (including required utility notification) 9 sheets I sheet 9 sheets I sheet 2 sheets I sheet 23 sheets (24x36) GEORGE BOTNER ASLA · PLANNING AND LANDSCAPE ARCHITECTURE 3584 Exchange Ave-Sic A · Naples, FL 34104 · 941/649-4476 · Fax:941/649-7627 ,, ~mail:OBASLA~aol.com 16B 5 Mr. Joe Delate November 3, 1997 Page Two Technical Information ('$½zll 3-ring]: Design Concept Letter (one page) 3 - Landscape Design Sketches (one page) Bid & Contract Documents (per contracting authority), to the extent required by F.D.O.T. and in conformance with Collier County contract and specifications format. Landscape Specifications Irrigation Specifications Annual Maintenance Schedule (Planting Detail Sheet) Maintenance Specifications Highway Landscape Maintenance Memorandum of Agr~ment - prapaxe for county processing Cost 'd ;timates: Prelirmnary - for budgeting and fund-raising purposes Final - to F.DO.T. specifications Reproducible Copies: GBASLA shall provide a reproducible original set of products. preliminary and final. Two sets will be provided: .Pcrmi~ Coordination; F.DO.T. and Collier County R/W permits, including review by transportation, planning, OCPM departments. Reviews with beth entities as required until final Grant Application submittal, by F.D.O.T. to State of Florida Beautification Council. Services beyond this final submittal date, should they be required at County request, will be provided on an hourly basis in accordance with the enclosed hourly rate schedule, or other terms as may be mutually agreeable. Co0rdin0ti0n: All GBASLA services related to prepa.,ation oft, he above products shall be coordinated with Mr. Joe Delate, O.C.P.M. or other county project manager as determined by Public Works Division. GBASLA shall be responsible for coordination of products with F.D.O.T., District One, as needed to meet state submittal requirements for an F.D.O.T. Right-of-Way Permit. Mr. Delate shall also be responsible for coordination of services under this agreement as necessary with county preparation of Grant Application documents. Compensation.'. All products required under this agreement and F.D.O.T. coordination of same shall be provided for the lump sum service amount of $10,000.00. Out-of-pocket reimbursable costs shall be compensated at the direct cost of invoice. GEORGE BOTNER ASLA · PLANNING AND LANDSCAPE ARCHITECTURE 3584 Exchansc Ave-Sro A · Naples, FL 34104 · 941/~49-4476 · Fax:9411649-7627 · ~mail:OgASLA~aol.¢om Mr. Joe Delate November 3, 1997 Page Three 5 Services provided on a time and materials basis, as may requested and approved by O.C.P.M. shall be compensated at the following service fee rates: GBASLA Hourly Rs_t, Schedule: Principal ...................... $95.00/hr Associate ..................... $65.00/hr Technical ..................... $40.00/hr Clerical ....................... $30.00/hr Authorization: GBA:g'LA shall proceed with services immediately, through base drawing preparation only at the verbal request of the Public Works Director, October 28, 1997. The remainder of services shall be authorized upon GBASLA's receipt ora signed copy of this agreement, and Collier County's purchase order. Thank you for your request for this service proposal; we look forward to continuation of services necessary to implement this highly visible landscape. Best regards, George Bomer ASLA Parmer, GBASLA GB:igp Authorized by Collier County Date GEORGE BOTNER ASLA · PLANNING AND LANDSCAPE ARCHITECTURE 3584 Exchansc Avc-Ste A · Naples, FL 34104 · 9411649-4476 · Fax:941/649-7627 · ~mail:GBASLA~aol.eom Southwest Florida Library Network, Inc. Institutional Membership Agreement Approved by ~he Executive Committee May 27, 1997 6O SWFLN Mission Statement "SWFLN creates and manages cooperative library programs and services for the benefit of library users, which provide library members with cost-effective services and the mutual value of providing the widest possible access to all types of library materials, and other forms of information, access to electronic information and training while maintaining respect for each library's autonomy." SWFLN ?~'urposes are: · To enhance and promote library and information services in southwest Florida. · To encourage inter-library cooperation among all libraries in southwest Florida. including materials, facilities, and local experts. · To assist members with training and education needs to keep staff informed and currenL · To cooperate with local, SV~TLN-area and national organizations interested in the promotion of library' affairs. · To promote professional relations and growth among library and information personnel. ' SWFLN Conditions of Membership - Institutional Members To become an institutional member of SWFLN the applicant must meet certain "conditions of membership as outlined in the Bylaws," and must agree to honor network "p,'qnciples of participation" to remain a member in good standing. · Libraries and information centers from southwest Florida are eligible for membership in SWFLN when they satisfy these conditions: The library or information center is an established institution with a collection, bud_oct and full or pan-time paid staff. - 16C SWFLN Institutional Membership Agreement - Page Two · The library or information center builds and maintains a collection sufficient to serve its own community. · The library or information center agrees to participate in the Florida interlibrary loan process in order to provide access to its materials for other library users in Florida. SWFLN "Principles of Participation" !o,,b~ome .an.d ,remain a member in good standing, members agree to abide to the zonowmg principles: · Members will freely share resource% services and expertise according to policies and gniideline~ mutually developed by SWFLN members. · Members will loan materials from their collection, tl~t they would loan lo~ally, to o~e.r member libraries to participants in the Florida Information Network (FL[N) free o£cnarge. · Members will commi't to participating in the governance, planning and programs of SWFLN. · iv[embers agree to use, share and exchange bibliographic information, where appropriate, using the IVaC format as the accepted standard. · Members agree to provide timely reference assistance to other member libraries upon request. BOARD OF' COUNTY COMMTS$IONER~' D~~.~rk ~ ).. II ~g~.~9~O~b add legal Assistant County Attorney F1RST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this /~ day of ~ 1997 at Naples, Collier County, Florida by and between State of Florida Department of Health, previously referred to as State of Florida Departmen! of Health and Rchabilltative Services, whose mailing address is 1323 Winewood Boulevard, Building 6, Room 306, Tallahassee, Florida 32399-0700, hereinafter referred to as "LESSEE". and Collier County, a political subdivision of the State of Florida, whose maiEng address is 3301 East Tamiami Trail, Naples, Florida 34112. hereinafter referred to as "LESSOR". WlTNESSETH WHEREAS. the LESSEE and LESSOR have previously cmcred into a Lease Agreement dated December 12, 1995; WHEREAS, thc LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of tim covenants and agreements provided within the said Lease Agreement dated December 12, 1995 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: I. The areas noted as "Adult Health" and "Dental Health" on the attached Exhibit "A" shall be deleted from the Demised Premises described in the Lease Agreement dated l}e c em b e r 1 2, 199 5. 2. Except as expressly provided herein, this Lease Agreement between State of Florida Department of Health and Collier Count)' for utiliz'afon of the premises described in said Lease Agreement remains in full force and effect according to thc terms and condition,s contained therein, and said terms a conditions arc applicable hereto except as expressly provided otherwise herein. IN WITNESS WIIEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement thc da)' and )'car first abovc written. AS TO THE LESSEE: DATED: 3 - 7: ? 7 '-- natt 'el . ;-- . (print~ame) (prin[ STATE OF FLORIDA DEPARTMENT OF HEALTH ~OW~ELL, M.D, M.P.H., SeCretary of Health . DATED:~'. D . AS TO THE LESSOR: Approved as to form and legal sufficiency: Assistant County Attorney BOAP, D OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA EXHIBIT HEALTH DEPARTMENT BUILDING 3301 EAST TAMIAMI TRAIL HAPLES, FLORIDA 16C-3 Lease #gO2 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this .~'day of ~ 1997 at Naples, Collier Cot, nty, Florida by and between Collier Health Services, Inc. ~t~osc mailing address is 1454 Madison Avenue, lmmokalec, Florida 33934, hereinafter referred to as "LESSEE", and Collier County. a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. hereinafter referred to as "LESSOR". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated November 14, 1995; WHEREAS. the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Lease Agreement dated November 14, 1995 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. The area noted as "Dental Health" and "Adult Health Care" on Exhibit "A" shall be included in the Demised Premises as described in the Lease Agreement dated November 14, 1995. This area shall be utilized for Adult Care and Dental Care, hereina~er referred to as "Demised Premises". 2. The anachcd Est appearing on Exhibit "B" noted as "Dental Office Equipment" shall be added to the li~t of equipment lis~ed in the Lease Agreement dated November 14. 1995. hereinafter referred to as "Equipment". 3. Except as expressly provided herein, this Lease Agreement behvcen Collier Health Services, Inc. and Collier Count>' for utilization of the premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly provided othcnvisc herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease, Agreement thc day and year first above written. AS TO THE LESSEE: DATED: .~ ~_~__~ Witness (signature)_.., ~ (,J ' (print name) Wit,n~s (signature) (print name) H SERVICES, INC~)~ BY: ' RICHARD B. AKIN, Chief Executive Officer "~l~.'p tit y Cldrk Approved as to form and legal sufficiency: Heidi F. Ashton -- Assistant Count>' Attorney BOARD OF COUNTY COMMISSIONERS, TIMOTHVL. tlANCOCK, Chairman EXHIBIT "A" HEALTH DEPARTMEN~ BUILDING 33Ol'EAST TAMIAMI TRAIL NAPLES, FLORIDA EXHIBIT "B" 16C' DENTAL OFFICE EQUIPMENT ROOM Room Reception ITEM NUMBER Television 1819 Wheel Cart 1786 Patient chairs- 7 Children's table & chairs Open adjustable file cabinet None .~261 None Typewriter 0041 Swivel desk chair None Straight chair Wall file None 3 section corner desk with file Office #1 5 drawer desk with file None 3 drawer desk with file None Small table None Equipment tray on wheels 2069 Wall open file None 5 section locking file 2260 mbinet Swivel desk chairs Straight chair (1) None Small G.E. refrigerator None Large Wood top 5 drawer 2256 desk Large wood top 4 drawer 2259 desk with file 5 section locking file 2257 cabinet Swivel desk chair with None arms Open adjustable file 2258 cabinet Straight Chairs (3) Office None de~tc~.doc updated 2/4/97 DENTAL WORK AREA ROOM ITEM NUMBER Hygienist Room Small table with wheels 0975 Small cart on wheels None 6 drawer cart on wheels 1623 Large floor fan None Curing light None Dental stools 1361 Dental stools 1362 Dental stools 0408 Cavitron 0971 Cavitron 0400 X-ray machine 932 Delivery system 0412 Patient dental chair + Child's lead apron None Technician lead apron None Amalgamator 0405 I Stain less steel trash can None with foot pedal Restoration room X-ray viewer 0965 Baffalo sterilizer 0969 Dental stools 0964 Dental stools None 7 drawer cart on wheels None Large cart, wood top, on 1617 wheels Small floor fan None Henry Schein None Amalgamator _ Dental Delivery System 1613 Stainless steel trash can None with foot pedal Surgical Ext Room Amalgamator None X-ray machine 1618 Dental Delivery System 0972 Dental stool None 7 drawer cart on wheels 1616 Welch Allyn Charger 0970 Stainless steel trash can None with foot pedal denteqp.doc updated 2/4/97 16C Clean-up sterilization Ultrasonic cleaner None area Ultrasonic cleaner None Autoclave 2878 X-ray developer 0386 Blood pressure cuffs (2) None Peri-Pro Developer x-ray 0386 red Pelton-crane sterilizer, 2878 L+R Ultrasonic cleaner, No tag Quantrex 140 dent~.doc upda*~:l 2/4/97 16D 2.. Date: To: From: Re: November 19, 1997 Diane Flagg, Director Emergency Services Ellie Hoffman, Deputy Clerk Minutes & Records Dept. Certificate of Public Convenience and Necessity and Permit Enclosed please find the original documents as referenced above (Agenda Item #16D2) as approved by the Board of County Commissioners on November 18, 1997. If you have any questions, please feel free to contact me at: (8406). Thank you. Enclosures 111111 Il l[ I Il ~ll ..... IIllll Name of Service COLLIER COUNTY, FLORIDA Emergency Medical Services Permit # ! This Permit Expires December 31, 199~ Collier County Emergency Medical Services Name of Owner or Manager Principal Address of Service Collier County Board of County Commissioners 3301E. Tamiami Trail Naples, Florida, 33962 (941) 774-8459 9-1-1 16D 2. Business Telephone Emergency Telephone Description of Services Area 'l~he 2,032 ~,~u_ are miles encorr~a_ ssing Coll~Ler County Number of Ambulances on24 hour duty. Fifteen (15) ground units, One (1) helicopter Number of Ambulances on standby duty Seven (7) (Attached description of each ambulance to be used in above service, including make, model, year of manufacture, motor and chassis number, and any color scheme, insignia, name, monogram, or other distinguishing characteristics used to designate ambulances in this service. A color photograph may substitute for the description of distinguishing characteristics.) This permit, as provided in Ordinance'81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County Services. until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. BOARD OF COUNTY COMMISSIONERS Approved as to f~rm& legal.sufficiency - As~t~anE COUnl~y 'At~rne) MEMORANDUM TO: Robert Fernandez, Administrator FROM: Diane B. Flagg, Chief Emergency Services Department DATE: September 24, 1997 REF: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81-75, please accept the following information for renewal of this required certificate: Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida 34112 Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. Collier County Emergency Medical Services Department has twenty-three (23) licensed patient transport vehicles available. Twenty-two (22) of these are ground transport vehicles. One (1) is a medevac helicopter. Fifteen (15) of the ground transport vehicles and the helicopter are staffed 24 hours a day, seven days a week. One (1) ground transport vehicle operates 12 hours a day, seven days a week. The remaining ground transport vehicles are in reserve. (Attachment A) Collier County Emergency Medical Services Department has one main office and fifteen (15) substations located throughout Collier County at the following locations: Headquaders Station #1 Station #2 Station #3 Station #4 Station #5 Station #6 & #7 Station #8 Station #9 Station #10 Station #11 Station #12 Station #14 Station #15 Station #16 3301 E. Tamiami Trail 835 8"' Avenue South 2375 Tower Drive 776 Vanderbilt Beach Rd. 1280 San Marco Rd. 4741 Golden Gate Pkwy. 112 South 1" Street 2065 Pine Ridge Rd. 11121 E. Tamiami Trail 7010 Immokalee Rd. 201 Buckner Avenue 14756 Immokalee Rd. 7227 Isle of Capri Rd. 977 26'h Avenue North 16325 Vanderbilt Drive Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples, Florida Naples, Florida Naples, Florida Everglades City, FI. Naples, Florida Naples, Florida Naples, Florida, Bonita Springs, Florida 10. Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. Three (3) Collier County residents to act as references: Robert D. Laird Rhona Saunders Fay R. Biles 1756 Courtyard Way, 205-C 3770 Parkview Way 1588 Heights Court Naples, FI. 34112 Naples, FI 34103 Marco Island, FI. Collier County Emergency Medical Services Department schedule of service fees. (Attachment B) Other information required by the Administrator. (Attachment C) Renewal fee of $250.00 By journal entry of an interfund transfer from Fund 490-144610-649010 to Fund 490-144610-36900. Collier County Emergency Medical Services Department financial statement. Available in Collier County's Finance Department. DBF/bb Attachments Attachment "A" COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT PATIENT TRANSPORT VEHICLES 16D UNIT# SERIAL NUMBER YEAR / MAKE / MODEL COLOR SCHEME t 1FDKE30MXPHB46134 1993 2 1FDKE30MOPHB88010 1993 3 1FDKE30MORHB71470 1994 4. 1FV3GFBC6SL611711 1995 5. 1FV3GFBC8TL784972 1996 6. 1FV3GFBCXWH899824 1997 7. 1FDKE30M9PHB92251 1993 8, 1FV3GFBCXTL784973 1996 9. 1FV3GFBC1TL784974 1996 10. 1FV3Gr;BC3TL784975 1996 11. 1FV3GFBC1WH899825 1997 12. 1FDKE30M9PHB88653 1993 14. 1FV3GFBC5SL611716 1995 15. 1FV3GFBCOSL611705 1995 16. 1FV3GFBC3WH899826 1997 17. 1FV3GFBC3SL611701 1995 18. 1FV3GFBC4SL611710 1995 19. 1FV3GFBC9TL599989 1996 20. 1FV3GFBC5TL599990 1996 21. 1FV3GFBC5WH899827 1997 22. 1FV3GFBC5WH899828 1997 FORD E-350 FORD E-350 FORD E-350 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FORD E-350 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 FREIGHTLINER-FL60 WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WH ITEIO RAN G E WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WHITE/ORANGE WH ITE/ORANGE STRIPE STRIPE STRIPE STRIFE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE STRIPE 23. Tail # N911ES 1992 Eurocopter AS 350 B2 WHITE/RED & BLUE STRIPE 0c_% 25 '9? ATTACHMENT P. 01z65 16.13 ~E~O~U?~OI ~0. ~& - 303 HO, t~ - 35 ~; ~X~g IZLLZ~ ~ cG~LE~XOM · l~lO~l~ ~DIIXI'~ ~ ~U~ ~ (hereinafter iometimes referred tO m6 "~") provide~ ambulance we~Icmm to the residents t~ vist~rl of Collier County; an~ WH~S, the collier County ~S operating budget is funded exclusively thr~gh md valor~ taxes and ~ser fees; and WHER~S, Collie~ C~ty staff analysis of the comt for properly identify c~rmnt ~SCl Of services to the residenti and ~']~itor& of Colli.r County; and WH~S, Collier C~nty Ordinance 96 - 36 provides the: thm u~ar faa~ for ambulanc* lervi~s ~ay be established by Resolution rgferred to as "the Board"). NOW, THEREFORE, ME IT R~SGLYED MY T~E BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA that: JECTIOX ONZ~ EMI UI]~. FEZ$ ~ C}{ARGE EMS AMBULA~CE%~tARSPORT BASE RATE $302 - ~wo ¢21 ~mzcs/c:~E VZ~fCLE (PER .OUR) $ ?~ - ONE (l) MEDIC/~O VEXICSE (PER XO~R) $ 40 c. COPIES OF [K)C~,S/PER PAGE $ 2 EXCLUDING GOV~ENTA~ AG'F. NC]~$) D, INTER~T ON PAST DUE ACCOUNTS i~C'~ZOX TIOI ~LXM~ ~J~ COr-~.~CTXO~ ~ROCEDU~ ~e folloein~ mhall bm t~ minim~ guidmlinmm for billinq and collection pz'oce~rel for a~nol lo.ice fe~ and charge~: A. Initial f~s and chaoses, [o~ ambuXance service(~) shall ~ervlcll dynamics reamonlbly ps.it. Unpaid fees and charge~, Note Oct 23 '97 15:..~ P. 02/05 Services Department. in the ~ollowing manner within thirty (30) days after service ie provided. 1. The county will .m~$ an initial bill to the carrlQr provided that ap~opriate insurance information ia ma~e available to th& Revenue Services Department. Thm Revenue Servlce~ De~artmmnt will accept Mmdicare amslgnment, as · marti¢ipmtinq provider, and will ~ait no lose than 45 days for payment if Medicare cr another insurance carrier is billed. If the claim is denied, a bill will be sent to the ~rvice re~ipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate lnsuranc. Q Department ~y the ~e=vice irecipient or responsible part~. The Rmvenue Services. Department will wait no less than 60 d&yo for payment if Medicaid iS bille~. If the claim is denied, a bill will be s;nt tO the service rHcipient or responsible party. 3. In t~e event! the lerv~ce recipient or of insurance coverage, the biX1 £or ambulance service(s) Iball ~m Iant dLrectly !to the serv£ge reoiplint O= res~eibls Fatty for ~ayment. The Revenue Services Department wall wait no less than 30 days for payment. within above set guidelines: a. k pas: due notice will ~e sgnt in ? accordance with the above provisione [45 days billing third party or Medicare, SO daye after billing Medicaid and 30 da~s after billin~ rQaponsibie party or service recipient). I~.t 23 '9? 15:33 P. 05/05 b. Thirty (30) days) after the first past due c. After a ten (10) day grace period, the &cooun% ~lll be sent %0 the County's contracted collection agency. ell accounts that are: either sent to the County's contracted coil&etlon agency or set up for a payment plan (excluding hardships tha~ adhere to County policy). D. A reasonable and c-~=omary p&yment plan will be ma~e available for all service recipients or responsible parties. The minimum amount to be paid on a payment plan will be $25/month. Should the =ervice recipient con~ition~ of ~ pa~en~ ~lan, tbs unpa~ balance shall De administer~ in accor~nce with ~eotlon B.3 above, this billing a~ collection ;Tocmdure, are returned effort to ascertain tbs: correct mailing addrsss. the account(~) ~7 be Considered for other collection alternatives. F. Nothing contained ~ this ~tc:ion shal~ pr~clu~ r~sonaDle telephone Or ot~e= appropriate contact for bill~Dg a~ collection ~urposQ~, accordance ~ith mll applicable laws. a~ual ~a&ls, of all past due accounts which efforts at collection have proven unsuccm~sful, 160 P.~ 3 o~ 5 in accordance with ,ganera]ly accepted accounting procedvres and pursuant to law by Resolution. The following shall be minimu4 guidelines for adjustments of ambulance service fees. Other ad~ultments are authorized by the ~omrd of count~ C~m~m~omere .in accordance with emtabllshed by the ena~lin~ Ordinance. C~ntrmctual adJu;tments un,er Medicare and Medloal~ a~ignment ba made ~n accor~nce wl~ applicable rule~ and regulations. ru.l~m end regulmt~ons. ~rsuant to Ord~nanc, No. 96- 36., and from the effective date of this Resolution, u~er fe~s ~or ~S ambulance sa~i~G for the followin~ co.unity specEal mvent~ shall ~ waived e~tmbliahed in reco~ition of their charitable contributions to ~he co~unity: (1) Collier County Fair~ (~) Zverglades ~eafood Fa~tiv~l; (3) Senior PGA; and (4) Nuvemn Macterm. Fees for other co~u~ity Ipec~al events may ~ waiv~ in accordance with criteria The ~rd rec~n~zes thm~ ce~nifl se~lco recipient~ may need to ~ identified a~ proceffed &l .hardship cases. Paynent plan~ will ~ es~ablimh~ put,emi to tho minimum guideline~ set forth State's ?lnanoiaL hardship gul~m%~nms, as use~ by countT. B. ~a~enb plane ~or hardshLp canes will be .et ~p on a ~o~thly ~lm, wi~ a mini~ paymen~ of $10.00 per month. ~ar~lhip ~a~es, placed o~ a ~ment plan will not acc~e interest or ~ 91m~ ~nto collection. Motw~s~a~i~ the foregoing, 160 Pa~e 4 ors Oct 2,3 '97 15:~4 6D s~rvlcs recipient has a pay~aa~t p~arl and doom not nike schedulod ~yments for a period ~o~er than two (2) months, tbs accent vklX be turned ovmr to thm CountF'm.contracted colltctlon mg~nc7 ~nd iht,reit wl~ begin to ~. Th~ Re~olut~on ~ha~ s~p~r~e Re~olut~c~ ~o. 94-~79. PASSED ~D ~Y ~D by ~e Board of C~nty co~iss~oner~ co~ii~r County, Florida, tMs .~ d~y o~ ~ ,, 199~. ATTEST:. .. DWIGKT £. '~OC~, Clark AFproyed'..as"/o form and BO*M~) OF COUNTY COFJiIS6~O};ER8 COLLIER COUNTY, FLORIDA ¢. I~RRIS, Chair~&n H&ldt~]~ Ashton - · - Assistant County Attorney Attachment "C" 160 MEMORANDUM TO: Robed Femandez, County Administrator FROM: Leo Ochs, Support Services Administrator DATE: October 23, 1997 RE: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this [~6 day of ~./~', 1997, between North N~ples Fire Control and Rescue District, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, whose mailing address is 1441 Pine Ridge Road, Naples, Florida 34109, hereinafter referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiarni Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (1) apparatus bay, two (2) bunk moms, hereinafter referred to as the "EMS Department Area". The kitchen, office area, dining area, day room, fitness area and male and female rest rooms with shower facilities shall be shared by LESSEE and LESSOR, hereinafter referred to as "Shared Area'. Both the EMS Department Area and Shared Area shall collectively be referred to as the "Demised Premises" located at 16325 Vanderbilt Drive, Bonita Springs, Florida 31434, for the sole purpose ofoperating an emergency medical service facility. LESSOR has the right to change the Demised Premises in order to accommodate the future needs of the LESSOR'S operation, tfowever, if the LESSEE'S Demised Premises are changed, LESSOR agrees to provide LESSEE with accommodations equal to or better than those modified in order for LESSEE to continue its' operations at this location. ARTICLE 2. 'ferm of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on the date when this Lease has been approved and executed by LESSEE. Th~eafter, the Lease shall be deemed extended upon the same terms and conditions contained herein on each fifth anniversary for a total of five (5) additional five (5) year terms. The LESSEE and LESSOR may terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. The Lease tem~ is contingent upon the LESSOR'S ownership and occupancy of the Demised Premises. ARTICLE 3. Rent In lieu of rental payments for the Demised Premises, LESSEE shall provide emergency medical services when such need arises for the sole purpose of protecting the lives of citizens of Collier County. ARTICLE 4. Utilities and Incidental Expenses LESSEE shall utilize the existing utilities presently utilized by LESSOR at the Demised Premises, such as, but not limited to, septic or sewer, water, including potable water, electricity, telepht, v.e, janitorial service, gardening and outdoor maintenance. However, in lieu of pro rata share of utilities and incidental expenses, LESSEE agrees to pay four hundred dollars ($400.00) per month. LESSOR and LESSEE shall renegotiate LESSEE'S monthly contribution to said Expenses at each five (5) year renewal to reflect reasonable increases in those Expenses. At no time shall an increase be greater than five (5) percent of any preceding five (5) year term. LESSOR shall provide LESSEE with the new monthly amount no later than thirty (30) days following the beginning of the renewal term then in effect. LESSOR shall not be liable for any failure of water supply or electric current or any service by any utility. nor for injury or damage to person (including death) or property caused by or resulting from such failure or from steam, gas, electricity, water, or rain, which may flood or leak from any part of thc Demised Premises. ARTICLE 5. I~tllLll.~k~s.~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 6. Modifications to Demised Premis¢,s Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starling and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request oFLESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, additkm or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon thc Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations ofany public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the ,~,itten consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be [round by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. J iio ARTICLE 9. ~ 16D 3] Subject to the limitations of Section 768.28, Florida Statutes, LESSEE in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys'; fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use {hereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay a costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonable satisfactory to LESSOR. LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or omission of LESSOR. ARTICLE 10. Insurance LESSEE shal; take out and maintain during the course of this Lease, or any renewal thereof, comprehensive general liability coverage including bodily injury and property damage, premises and operations coverage, products and completed operations coverage, broad form property damage coverage, automobile liability coverage includiog owned automobiles, non-owned automobiles and hired automobiles and contractual liability coverage in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits. These insurance policy(les) shall reflect LESSOR as an additional insured. If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable State and Federal laws. The policy must include Employer's Liability with a limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) each accident. ARTICLE 1 I. Maintenance and Repairs LESSEE shall, at its sole cost and expense, keep the EMS Department Area clean at all times. If said EMS Department Area is not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice ofcosts incurred by LESSOR. LESSEE shall repair all damage to the EMS Department Area caused by LESSEE, it employees, agents, independent contractors, guests, invitees, licensees or patrons. LESSOR shall be responsible for all repairs and maintenance to the structure and utilities. ARTICLE 12. LESSOR shall in no event be charged with default in thc performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly spccifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices 16D 3.. Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney Emergency Services Chief LESSOR: North Naples Fire Control and Rescue District 1441 Pine Ridge Road Naples, Florida 34109 Attention: Commission Chairman cc: Fire Chief ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the EMS Department Area and any improvements to the EMS Department Area upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and excepted. ARTICLE 15. ~e. llgr. aL.P. LO~tim~ LESSEE fully understands that the police and law enfomement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR, LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSOR grants LESSEE approval for placement of signage at all entry and exit points of the North Naples Fire Station. ARTICLE 16. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 17. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. ~ This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA T ~¥I O THy/'1. fH b~C~ C'K, Chairman AS TO THE LESSOR: DATED: ATTEST: , Secretary WIT~ESS (signatu:e) pont n. ame A ~ '"il print nme ~ NORTH NAPLES FIRE CONTROL AND RESCUE B~IS~ ED m~OUIRE~,c126~ission Chairman Approved as to form and legal sufficiency,: Heidi F. Ashton Assistant County Attorney 16D 7 RESOLUTION NO. 97-43~ RESOLUTION AMENDING COLLIER COUNTY RESOLUTION 95-353 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on June 6, 1995 last adopted a purchasing policy by Resolution 95-353; and WHEREAS, Both the Citizen's Productivity Committee and the Collier County staff, seeking to increase the efficiency of the County's procurement efforts have recommended increasing the formal competitive threshold from $15,000 to $25,000. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 95-353 and sections III, IV and V of the purchasing policy attached thereto and incorporated therein are hereby amended by this Resolution as shown in, attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: [[- //~ , 1997 BOARD OF COUNTY COMMISSIONERS COUNt, ,,.......: .. D'WI, GHT("E'i: BI~©CK, Clerk .:., ~,~., : · ~ ;;i" '."° "" .-, "' .:,-./Ic¢lau're,.en I~.~n~,'O~, De:'puty Clerk ?": ':1 t~\';' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: David c~W~gel, ounty Attorney T'in~othY L.,~ancock, (~hairmar~' 16D 7., Page 2 12.Disqualification of Bidders: Have the responsibility to ascertain the identity of all vendors who default their quotations or bids to the County or fail to provide commodities and services required under contract. Further, to determine if said vendors shall be removed from purchasing consideration for a period of three years unless this prohibition is expressly waived by the Board of County Commissioners. 13. IPguirY and Control: Have full authority to question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served. III. FIELD PURCHASE ORDERS (PURCHASES OF $500 OR LESS) A. Field Purchase Orders, with the approval of the department's authorized signatory, will be used by departments for immediate purchase of commodities, out-of-town travel expenditures and services not to exceed the maximum value of $500. IV. OUOTATIONS (PURCHASES BETWEEN $500-$25,000) A. Ail purchases of commodities and contractual services of a total estimated value in excess of one thousand dollars ($1,000) and less than or equal to the formal Bid Limit of Twenty Five Thousand Dollars ($25,000) may be made in the open market without formal public announcement and without formal bid. All purchases not requiring formal competition shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications. 1. Minimum Number Ouotes: Purchases between $500.01 and $1,000 may be procured with one quote with the prior review and approval of the Purchasing Department. Open market purchases or sales in excess of $1,000 but less than or equal to the formal competitive threshold shall be based on at least three (3) competitive quotes and shall be awarded to the lowest, qualified and responsive quote in accordance with the standards set forth in this Policy. 2. Solicitation of Ouotes: The Director may solicit either oral or written quotes for open market pricing or sale, using available bidders' and supplier lists. The Director shall determine in which instances quotations shall be solicited in writing. Further the Director shall determine which agency (e.g.; Purchasing or the using agency) shall obtain the quotations. All oral quotes in excess of seven thousand, five hundred dollars $7,500 shall be confirmed in writing by the vendor prior to purchase. 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. B. The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 16D 7.. Page 3 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials, periodicals, printed library cards, etc. 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental aqency0 a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. FORMAL COMPETITIVE THRESHOLD {Purchases in excess of $25,000) A. It is the intent of the Board of County Commissioners to establish an amount of Twenty Five Thousand ($25,000) dollars as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of County Commissioners, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Single source purchases (pursuant to subsection C). 2. Valid public emergencies (pursuant to Section XX) . 3. Where it is determined to be in the best interests of the County to do so. B. All purchases subject to formal competition shall be awarded by the Board of County Commissioners unless otherwise delegated by the Board via formal public action. C. Exemption For Sincle SQuT~ Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s) is the only one available that can properly perform the intended function{s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Board. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Directo£, permitted by law. UCOI~I~ Il OIIICII, I, IICOIDJ of a]l, kIII CO~I~, lq, SATISFACTION OF LIEN FOR SERVICES OF T~E PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BONIFILIO MARTINEZ VELASQUEZ (04/15/65) CASE NUMBER: 95 2925. MMA for services of the Public Defender, bearing the date of the 24th day of July, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2084, page 0459. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. .... t .' ;~ . ,~ ,,..,~' .,.. ,~ , ".~" '- '~%', :: "'.: "~h'..',. ' ' ', :r ;>'.... ~ .:.' .." '.... ~1 , '~ ~ , ' · · ', .' ~1 ' ~i '. I ,' . ~proVed..a.~...~o. "fo~ leal sufficiency AssiStant Co~n~ Attorney BOARD OF COUNTY COMMISSIONERS COL_~J~R COUNTY, FLORIDA BY. Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249063 OR: 2364 PG: 1676 11/1~/~ g ll:~ll DIIOY I. llO~, ~llI UC ~ i.O0 1 61 SATISFACTION OF LIEN FOR SERVICES OF TEE PUBLIC DEFENDER G10-~21110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MIGUEL ANGEL MANCILLA AKA ANGEL ANCILLA (04/02/64) CASE NUMBER: 95 5032. MMA for services of the Public Defender, bearing the date of the 24th day of July, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 0O/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2084, page 544. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed.~n..its name by its Chairman. "· "':" E_x:.ecp.ted'. this> ',< day of , 1997. .'.. .' .,Ff,.~':, ~ . ,,~.. ! .... , ", .,. ..-:. . ~..,,~-. ,'~. , ~ . AT-~EST .... ,, . . =_,-' _., :.~.~.~?:.,,::_.<~ .,/.: . - . .~ .~..* ,~'. :, ,: ~.' .~.'' , ' ~ .',.~,.~. %.\., .',,:. . · ..,,. . %., ...;- ' , . . ,. Ct'e~rk .,of. CirC~t,:-Court · '..'.,¥.,,>. ',~.~ :..: .-'~ .,.<.' · ,.,,.'.'~,~.~, a '~!....-.. Approved ..as' to form legal sufficiency As s~~s tan~' :o 'unty~ At~to rney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Ti~dthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: AUGUSTO MALDONADO (02/16/73) CASE NUMBER: 95 5683 MMA for services of the Public Defender, bearing the date of the 14th day of August, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2091, page 2258. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Ylorida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Exec.,u.,~,,'b.~, ' '' :.. 'i~,~':'., ":: day of ; '!!'>~'"'.~.' ',¥:' .' ""> '.'%: ["'; ',."~. , 1 9 9 7 ATTEST': ,'-'.'~' Z,.~:r~ ~.., . .~ .. .~,: ;,.,.~. v,..,, . BOARD OF COUNTY COMMISSIONERS ~:~'.~.' ,~ ~.~ ," 2"~, ~ ~ ' "'"~' ~' "~.as,..~o.'fo~ legal ,.sUf fici~ncy. Assistant County Attorney COLL_IoF~ COUNTY, FLQRIDA BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249065 OR: 2364 PG: 1678 IlCOlllD il 011I¢I~ U~lDS of COLL~I ~, ~ fl~ HI i. OJ 1 6 G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: LOUIS GUTIERREZ PUENTE JR. (07/04/64) CASE NUMBER: 92 0688. CFA for services of the Public Defender, bearing the date of the 7th day of May, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2192, page 1770. The Board of County Commissioners of Collier County hereby acknowledges full Dayment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Oi~rk of Cir--: :. COurt ~Y: Timothy L. Hancock Chai~an AsSistant Counfy Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, ~hrough its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BENITO RUIZ (09/09/70) CASE NUMBER: 95 5243 MMA for services of the Public Defender, bearing the date of the 14th day of August, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2091, page 2265. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed.'~his /~ day of ~~ , 1997. ..... '"' .' .. · /-,,-' . '.. .% '. .' .. · .' ' .. .[ ~a "' /,/ · ..C~.erk of.' fircu%t' Court · ';>. , ', , , . . · , \ .' A~.v. ed as ..to form legal '§'~f f iciency y Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIgCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 IICOII)ID Il OFFICIAL ii.iDS oF COLLIII ~;Fl~, FL II/Ii/S? it lO:4tAI DWIGHT I. IlXl, CLIII llC Iii t. O0 le~n: 1 6 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER elo~2111o FOR CLERK'S USE ONLY KNOW ALt. MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MIGUEL ALFREDO LOPEZ (08/15/69) CASE NUMBER: 95 7014 MMA for services of the Public Defender, bearing the date of the llth day of September, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2100, page 1433. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249068 OR: 2364 PG: 1681 U~ ~1 ~.00 1 6 G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ARMANDO ESPINOZA (03/11/58) CASE NUMBER: 97 4376. MMA for services of the Public Defender, bearing the date of the 16th day of July, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2335 page 0389. , The B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. : ~.~..,,~' /. ,;) .' . . . .. · ,% '...1~,.~ '~ ~ ~,~ · .. · !. ',,', . ~ , . Appro~e~"6%" to form legal sufficiency rant County IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Exec~.t'h~s/ "... /~-~ day of _ ~ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timoq~hy L Hancock Chairman PREPARED BY: CLERK OF THE CIRC(~IT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~10-321110 I FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOAR9 OF COMMISSIONERS, is the owner and holder of a certain lien against: JULIA MARIA BRANN AKA JULIA MARIE BRANN (02/29/72) CASE NUMBER: 97 1464.MMA for services of the Public Defender, bearing the date of the 16th day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND O0/iO0***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2315 page 2998. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Ex,ecut~ ~'h%s,. %/~ day of ~/~-4__ 1997 AT~EST....:,.. ( '.~.,., , ." ,~ '~' , .,,;. :', ,.... ~~ . - -. · .~''::,7',.,-.~"~'.'" ', '.....'. · c' · :.'' *C !4';^:'..':.i. '-; ' r..'. : : %/ ' '" "/"" 'g/_-,~'.' - -- / '~° .... -., ..,;... ...>.... ,... , ! -. . .," aPDroved"a'i to form legtl sufficiency AsSistant Coun<y Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~Y. TimOthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 22490?0 OR: 2364 PG: 1683 ** IlCODID in 01~I¢I~ I~I~II)S o! COLLII! ~O01TT, 1% II/I~H7 a~ 10:41~ ~ I. alO~, ~H UC FII 6.00 le~n: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: RAFAEL RODRIGUEZ (06/08/74) CASE NUMBER: 96 10334 MMA for services of the Public Defender, bearing the date of the 22nd day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2278, page 0621. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed'"i'~"i,t~, name by its Chairman. E~-~'c~ted"'t~is ,~:. ';/O day of ., .. /~]~-~J"~'~"%'~ , 1997. .: /,-:..:... ~:,,-'., / ', ~., K%TEST ~, '~Q .- , . .~, ~.:.:;, :... ~ .... . ~':~~~'~''"';;;' ::":: ' ~* : 'C , '.,'..' .-.. ,.',,'. , ,.. . ~.: · . ,..- C'~e ,r k :.of' ' C.ircui%.'tourt Approved a§' to form legal sufficiency As§istant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timcfthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2249071 OR: 2364 PG: 1684 *** ~C FII i.OJ le~n: SATISFACTION OF LIEN FOR SERVICES OF TBE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JASON MATHEW HAMILTON (05/15/72) CASE NUMBER: 96 10336 MMA for services of the Public Defender, bearing the date of the 8th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2312, page 3127. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. C.t.e, r..k '.of: .Circuit' ~.ourt · Approved'.' a~" '~o 'form legal sufficiency Assistant Coudty Attorney BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~0-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its' BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CORI CARREON (08/25/68) CASE NUMBER: 97 0292. MMA for services of the Public Defender, bearing the date of the 24th day of April, 1997, recorded in office of the Clerk of the Circuit Court.of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2320, page 2453. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be execute~..in, its name by its Chairman E~e.~' .'~? :; ~ - .., ,,.~., · Cake~i';th'is': % /~ day of ..... ' "'~ ' , 1997. -, C ~''~"" '%- ' ',..;- ~'. '", ~- " .. -.. ~ . . / · ~ </.. (;,; .':,'~.:.'~: :,, '. :' .... c,.: BOARD OF COUNTY COMMISSIONERS -.~- ~',1 - ,.%-,L'%;, ,!., :_-.. . · :~ : .:.. ~e~k .o$ .-¢ir-~u£t -Cou~ ~' ~'' ' , -..~-.,....:.~ . '. : ,~..~..'.~' ':~,' .".T.~'-" ' ~: ' "> ;," ," ApprovL~cl as to"fo~n legal sufficiency s~istant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249086 OR: 2364 PG: 1740 llCOIOID ~n OFFICIAL IICOlOf of ~Iil ~, ~L UC ~1 le~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER elo.32111o FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: (06/21/56) MIGUEL ANGEL LOPEZ LOPEZ AKA MIGUEL ANGEL LOPEZ CASE NUMBER: 97 1627'MMA for services of the Public Defender, bearing the date of the 10th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2295, page 118. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _ BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~/0-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: PATRICIO M CRUZ (03/17/66) CASE NUMBER: 97 7241. MMA for services of the Public Defender, bearing the date of the 8th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100~**********DOLLARS, under Final Judgement and Order recorded in Official Record book 2349 page 2274. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. Exe~d~.,this ',,, day of · ..~..~:..'.' .*. '., ~ ,, ; ' ". :'c.:'' ' ~ ~".'*: - ,~erk of Cirduit ~ourt, · .~> '/ ,.~ ~, . -..' ~.' ,, , . · approv~,%~s' [o fo~ legal sufficiency Asgistant County Attorney IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FELIPE MEDELLEN (02/05/71) CASE NUMBER: 97 3242. MMA for services of the Public Defender, bearing the date of the 26TH day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****THREE HUNDRED AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2347, page 2230. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby direc%s that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. AT ES : '; ~'':' ' '' ' · ..,.,-.: . - . ! C~r~dit;-'C~urt -, ApproVed,, a~,..to"'form legal sufficiency Assistant County Attorney /~F~~ _, 1997. BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRC!IIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249089 OR: 2364 PG: 1743 II/1~/~ it; lJ:~5~ ~I~rl' I. JlGC[, SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER e10-3211 lO FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MIGUEL AMADO SERRANO (09/04/38) CASE NUMBER: 97 5985. MMA for services of the Public Defender, bearing the date of the 27th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2344 page 1112. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. .;*. ,,,,, I ,. ~ ,.; ....* ..... . Ex'~'~{~ed "t~hi's'"'-,. /'~ -/~ day Of /kJ~-~'~-~--- 1997 .,,,.%; ~... .... [.. :,...,, -; , . A~T~.-S~,:,. -. ,' '..'; v ~.l%rk of Czrcfl~t.Court % :7, . "-......' ~, .' · ~.. ~'/..' · ,.~. .,' A,p~o;.;~cl" a s" '/:o form legal sufficiency Ass'istant County Attorney BOARD OF COUNTY COMMISSIONERS C~R COUNTY, FLORIDA " Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 IJC irzl leLn: 1 6 6 1 ' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-3211 lO FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JUAN ANDRES PEDRO AKA JUAN ANDRES (06/11/52) CASE NUMBER: 97 3680. MMA for services of the Public Defender, bearing the date of the 16th day of June, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100 ***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2330 page 2462. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. · '""" '""" Exqcut. ed..~h~, .% - day of · .,,:. .. . .. L , 1997 · - .,1_,~'?.-. · . '-. . -:-o-w--. .,- ·: .-..~""'v,~" '" '.. ': BOARD OF COUNTY COMMISSIONERS ... .' .% ;: :,'.. .,..,. . · ... : ..... '; . ..A.~ · · ' *'7-/';: . , ...... <~ . . C!~rk ~f. clr.aqi~ Court Approved.as to form legal suff±c±ency Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249091 OR: 2364 PG: 1745 IIC~IDID in O~ICI~L ILICO~I o~ COLLII! courI'Y, DC ~l i. OO le:n: FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: PEDRO HERMINIO GARCIA AKA PEDRO H GARCIA (06/29/62) CASE NUMBER: 97 5888. MMA for services of the Public Defender, bearing the date of the 22nd day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2352 page 1348. · The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. , 1997. BOARD OF COUNTY COMMISSIONERS CO~F-R _C~)UNTY_ .FLORIDA BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 IlCOl:]lO ti OITZ~:LU, UL"OI~I o~ CO~,I,Z]I COIFR, 11/1~/t! It. ]I:L~I 11~ I. I!0¢I, U,]ll UC !11 i. OO SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MO CRUZ AKA MO CRUZ (02/13/76) CASE NUMBER: 97 6163. MMA for services of the Public Defender, bearing the date of the 24th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2352, page 1347. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ." < ".~ ..... .,~..., day of ~~~'~ , 1997. :.., . .~.> ~-:..~. · . .. _ ~ .:.:. .. .... .".../,,...~ ... ~ ~.~. Cl'e.rk. of Cir~hi?":Court -'t ',., '2 .. ;. i- . ' - , ..,, , .~. Approv'6a"a~ %0 f6~ legal sufficiency Assistant Cou _y rney BOARD OF COUNTY COMMISSIONERS Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ VICTOR MANUEL RICO (10/16/78) CASE NUMBER: 97 6246. MMA for services of the Public Defender, bearing the date of the 12th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2340, page 1800. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. , 1997. BOARD OF COUNTY COMMISSIONERS CO~R COUNTY, FLORIDA BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249094 OR: 2364 PG: 11/1{/{7 ~Z 10:55~ O~ I. {~, UC SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER )10<~1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owfier and holder of a certain lien against: JOEL IRIZARRY (03/19/79) CASE NUMBER: 97 7009, MMA for services of the Public Defender, bearing the date of the 9th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2349, page 2242. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed, in its name by its Chairman. E x e c ~d, ,;t~h,i~S~' ",,,'u day of ..-: ".,' :.:t:.. ~ .k:..,~. ,-. ",, . · ' ' 1' ." '/,'; '.4 ; ATTEST: :'~", :J~"/. ". , ' · . . ..,.:.. ,~;~ .- .. , -. , · '-"' · · ' -r · r . ,7 = . ,!, . '-- ,;;.. ,.'.,..., -.. ._ '. .% . .' ',; '..-;.'..;t. · ',i:''~ ~'' ' '/f'"" /-~ "' ' >¥;~./'~'""'" /~'" '": >i a,,"~:. ./ · /' -',-,-;.?..' .!-~,--~,.~'. °~'.'. ',...-.. ~'%. Clerk of, Circu$~..~ourt . · , -. , .. :?. \',,. -.. '-' · . ' t.'i ".. ';'"'4'' \';'~''' Aplu~o~ed..as.'t'6 form legal sufficiency Ass£staht County Attorney , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~10-321110 ¢ 2249107 OR: 2364 PG: 1779 UCOII~D il OITICIAL UCOnl of ~LL~I ~, ~ SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BENJAMIN GUTIERREZ JR. AKA BEN GUTIERREZ JR. CASE NUMBER: 97 5744.~4A for services of the Public Defender, bearing the date of the 8th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100~**********DOLLARS, under Final Judgement and Order recorded in Official Record book 2347, page 2223. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name ~ its Chairman. · "" ...... "" '>'/Z" day of ~),~.~ ~ , 1997 Exec' .. . ,*-k ' -~,. ~., ; ..~,;,..'. ,:.%: ~,/ ,.~;" : ,~1:~:) ~,, ,a, ,~;.',t,o' form legal' sufficiency County attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER )1~321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ BRIAN CLIFFORD WHEELER (12/23/76) CASE NUMBER: 97 5248. MMA for services of the Public Defender, bearing the date of the 6th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2338 page 2260. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . ~.: ?';< ',.....:: ~'.. ~ ~ .',. z..j~ ,, . ~.t.~..., '~ . -- : .. . .. . ,.r, . ~ . ~l~rk. of Cir~u$~ ,dourt Kp~rove~'.'.aR' to fo~ legal sufficiency AsSistant Count~ Attorney IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. day of _~~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timo(hy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 It. ~:11~1 ~lz~l~ I. ilo~, ~ I1~ m l. II SATISFACTION OF LIEN FOR SERVICES OF THE P~q~LIC DEFENDER ~1~/11~0 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ DANIEL ELIJAH WANNER (07/11/72) CASE NUMBER: 97 6995. MMA for services of the Public Defender, bearing the date of the 3rd day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2347, page 2287. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be execut.g~,~&n..~ts name by its Chairman ....,:.',,"~ :,~. ,, , .,;,, E×-~z. ~-*..j ~..~, /,. % ~- ~ Oc~=e~.unas.,.L.. ,,[~ day of ~/F~~ 1997 . C'~, '~..''~ ..;' '?' .t~'.""' ~' " ' 1' ' ' ' ' 'r':'' ':""' ~" ;;~T, TEST~ .... ","- ' '~'"1 BOARD OF COUNTY COMMISSIONERS - ¢: ' ' ~' ~', ' '"-"-'"; .- : ,:?~ · _ ..... Cl'.~k 'of- Szr~u%~.'.dourt Apu~v~ as' to iorm legal sufficiency AssiStant County Attorney C~,~IER COUNTY, FLORIDA BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN 'FOR SERVICES OF THE PUBLIC DEFENDER 0104~1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DYLAN LEE CAMPBELL AKA DYLON LEE CAMPBELL (05/13/76) CASE NUMBER: 97 1945 MMA for services of the Public Defender, bearing the date of the 21st day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****ONE HUNDRED FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2318 page 1619. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Exec~'~. '~'~'s .. ' .... /~'~A day of ~ g/~PFt ~(,t__ 1997 .~ ~.* , .'., . .'// .... /.. ~, ~- · :.-.,... .::,." ':.. ,<. ; . ' · ":. .~,., ;.., .. , : ,.- .'% ~ ~, .. · . / .- )~..;:f / '--~ ~l~rk of Cir~di.~"'~ourt :~'., ', ..... .........': legal iss:stant County Attorney BOARD OF COUNTY COMMISSIONERS COLLI_~ COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-3/1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: VIRGILIO BAUTISTA (06/29/77) CASE NUMBER: 97 5222. MMA for services of the Public Defender, bearing the date of the 6th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2340, page 0864. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. day of /JF~~ As s~stan~ ~C~un tty~ A~~t )rney , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · / ./ ~'" BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCJIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ,10~21110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owher and holder of a certain lien against: MARIE ASTRIDE CHERY (08/09/74) CASE NUMBER: 97 6289. MMA for services of the Public Defender, bearing the date of the 23rd day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2354, page 3383. The. Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. '"'" ......... of , 1997. xec'ut%d, t~i8 "' *~l~r.k' of C~rcui~r Court .. ...., ': .... a, ,~ .." nppro~a*' ~*~'"~o form legal sufficiency Assistant BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timo~y L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2219113 OR: 2364 PG: 1785 lUll/l! it ll:ll~ ~ I, IM, ~ le~: 1 6 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 810-32.1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CARL LANE SMITH (06/01/75) CASE NUMBER: 96 6357. MMA for services of the Public Defender, bearing the date of the 19th day of November , 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***.*******DOLLARS, under Final Judgement and Order recorded in Official Record book 2255, page 2095. The B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. .- .' ~.,'~(~'"~;)',~'*, . · :..,... · ~ ,, ,' f,;,. .., ~ ,- 1~ -~" ..... ......,<~, .,';.. , - · . ~' - ,.. ~' ' '..f · z A-Ttf'E $~ I~':. t"'.' "k. :'-.' ."::;;. , ;:::.." l",:'. BOARD OF COUNTY COMMISSIONERS COLLff~R COUNTY, FLORIDA ~'Y: Timoth' ~ ' y L. Hancock Chairman PREPARED BY: CLERK OF THE CIRC!IIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2249114 OR: 2364 PG: 1786 *** I1/11/~? at ll:J~lal IJgl~rf I. BIOCl, ~ le~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owher and holder of a certain lien against: ANTONIO MARTINEZ (01/17/76) CASE NUMBER: 96 5442. MMA for services of the Public Defender, bearing the date of the 9th day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2272, page 0342. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. BOARD OF COUNTY COMMISSIONERS CO~J~R COUNTY FLORIDA ~Y: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2249115 OR: 2364 lUll/l! at Il:JUl DI~GIT I. SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: KIM GREGORY MANGAN (01/22/54) CASE NUMBER: 97 6586. MMA for services of the Public Defender, bearing the date of the 24th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ~***FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2352 page 1366. · The BOard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tim~thy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DRFENDER }10-.~1110 *** 2249116 OR: 2364 PG: 1788 *** UC0~D is 0~qCI~ U~! ~ ~I~ ~, ~ FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JESUS FIDEL CASTRO AKA CHOOCHIE CASTRO (10/13/58) CASE NUMBER: 96 10204 for services of the Public Defender, bearing the date of the 13th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2299, page 0789. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Exec, ut_d';th'is, ",, day of ~70~F~~ 1997. i." ''- " ''.~: ': 'r'- ' '~" ':' '~' ' "-:./. ' i :."" .' ~-'": :-~.Zerk of: Cir~u.it.-_'Court ApproVed' '~ff" '~o "form legal sufficiency AsSistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tim~hy-L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2249128 OR: 2364 PO: 1811 IICOtJD it OrlrIClIL ~ of COLLlll COilr~, LtL Il/Ii/f! it ll:2Tll wlarr I. IlK)CZ, 1 6 G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= COREY BETH GAMBACCINI (07/03/78} CASE NUMBER: 97 0658. CFA for services of the Public Defender, bearing the date of the 16th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2352 page 1353. , The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. "~rk of 'Circui~oUrt of 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SIilNICIS OF THE PUBLIC DEFENDER ~10-~1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FELIX DOMINGO BALTAZAR (11/18/58) CASE NUMBER: 91 0581. MI for services of the Public Defender, bearing the date of the llth day of June, 1991, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1624 page 0674. ' The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. · ' ~ ..... ' 1997 . '~.,1'~ r....k...o~ ApproV~0~.,,,s' 5o form legal sufficiency AsSistant CouRty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. Timdthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 16G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: KENNETH LEE POST (7/4/56) CASE NUMBER: 95 3259. MMA for services of the Public Defender, bearing the date of the 28th day of September, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2107, page 824. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execu'~ day of ~/O~~,~- , 1997. .~ . ,.,.,.,.. . ./. :.'..:,.~ :.{~' -. ~.. :. et of c rdu' C ourt legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~10-~21110 letn: 1.6a 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ MARTIN BENITEZ PINA (11/12/64) CASE NUMBER: 95 7015. MMA for services of the Public Defender, bearing the date of the 13th day of October, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100*-*********DOLLARS, under Final Judgement and Order recorded in Official Record book 2111, page 2102. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execu~'~.-thi~i' :'.,: /~'~ day of ~ , 1997. A~IT~S~ "' ' · . -. . ' '.-:, :'."'" Cte~k>of Circuit Court .., : u~ ~ % '. · Approv'ed..as.. t~"'form legal suffi.ciency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthyL. Han~ Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 22 9132 OR: 2364 PG: 1815 IBC ltll letn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CLARENCE LEON PENNEY (7/28/28) CASE NUMBER: 95 3517. MMA for services of the Public Defender, bearing the date of the 8th day of September, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2].00 page 1380. ' The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in. its name by its Chairman. Cl~rk of Circuit-Court / Approved as ,t~ form legal sufficiency' sistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timo~ . Ha~COc]{ y L Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER elO-3~lllO 2249133 OR: 2364 PG: 1816 *** UC 1~I FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: REBECCA JEAN WASHBURN (7/16/60) CASE NUMBER: 95 1887. CFA for services of the Public Defender, bearing the date of the 21st day of December, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2146, page 0418. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS W£EREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed .in its name by its Chairman. .... ~' 2,..'~ . '~,,, " ExecS~e~' ~_k~'s.*.. .... ,,/~'- day of , 1997. ..j :... ;...i '_. .... , ~: ': ...: ,~:~%., . ,.-: .'.;. :..c, .,'..,.~ A,I"T,E$.T: .'. ..*..~' :.: -" -'% . _.. : - ,' · ,~ .. ."f. ,. ¢4 ,-:.., .-.., ., ;:)... ~>..~.:. ; ' . .~, . ' ~ . , ~... - , .;'.,:'- . ,,,: . . ' ..... ?.,.. ,. .,.,_,/ el'em ~of ~ c iPah~C~,_-// · -~ . , ... . ~. . . . . ~- } . . - .: .~: '.. , .' ..'.?,.,: . & ,~ .?'...: . . · ...... :,'%.,. · '.~j.-.9.',;,,?, ,"~... Approve~ '~'~" ~O form legal sufficiency Assistant Count~ Attorney BOARD OF COUNTY COMMISSIONERS COL..~. COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2249134 OR: 2364 PG: 1817 IICUIHD il OIT~CL~L IIC~D! of COLL~II ~, II/H/ST I~ II:2T~ ~ I. Bm, ~K FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ VIVIAN ANN TRUESDE~L (12/5/66) CASE NUMBER: 96 5918. MMA for services of the Public Defender, bearing the date of the 8th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2347, page 2204. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execut~d-.',t~his,i /~ day of ...'~'~-,o'~.; ~ 3., .':". · ~%rk of Circuit,~ourt Assistant Count~ Attorney __~~ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 8,10-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: WILLIAM MADISON ARNOLD AKA WILLIAM MADISSON ARNOLD (3/19/58) CASE NUMBER: 97 5658 ~tMA for services of the Public Defender, bearing the date of the 26th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2347, page 2228. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. legal sufficiency Assistant County Attorney 1997. BOARD OF COUNTY COMMISSIONERS COLOR COUNTY, FLORIDA ~Y: T~L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 IM~ID it OIYlCIAL IIC~III of COLLII! COlIW, fi, Il/It/ST at II:2TAI 1 6 G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-321110 /]\ FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien agatnst~ FERNANDO ARREGUIN (7/14/77) CASE NUMBER: 97 0034. MMA for services of the Public Defender, bearing the date of the 8th day =£ April, 1997, recorded in office of the Clerk of the Circuit Court.of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100*******~***DOLLARS, under Final Judgement and Order recorded in Official Record book 2312, page 3133. The Bbard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execgt'ec~"thf "..:.. day of ,,.. ...... ..........~ -.,~ .. , 1997, . .. .... ~. , ... .....~. Cl~rk".of ,.Circuit. '.Court / · ',, ', t' ~;. ;1' .',' . · ~.',.' . .,~9?-" . .'. ~..,. , / Approve~"a~.' ~o form legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010-321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: PATRICIA MARION BAILEY AKA PATRICIA BAILY (3/4/57) CASE NUMBER: 97 5189. MMA for services of the Public Defender, bearing the date of the 25th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2349, page 2268. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, F. 1Drida, hereby directs that this Satisfaction of Lien be exec~.te~'i.n. '~'ts..n. ame by its Chairman. · · ,:.)..-,., '~ · .... . , 1997 ...., ,/.. · t.:'.!-,'~:~'; ,:~ '. ,- %. ' '~* ' if)~'~'". ¢; t . ' :. OARD OF COUNTY COMMISSIONERS · '.~":'.: "".' !" ':.;,~2'~ ;'": i: COL~ COUNTY, FLORIDA .~21e'lk of ireut~."~ou?t-'~ [ BY. Timothy ...., % ,~, ,. - r,. 8ancock ~pproved ~s Lo ~orm legal sufficiency ~/~t~ p~ PREPARED BY: C CLERK OF THE CIRCUIT COURT ~ .' P.O. BOX 413044 Assistant County Attorney NAPLES, FLORIDA 34101-3044 SATISFACTION OF I,I~N ~ SKIIVICKS OF T~ PUBLIC DKFKNDKR ~io-32111o OR: 2364 1901 *** FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ SAMMY OJAY MITCHEL~ (11/26/76) CASE NUMBER: 96 2205. MMA for services of the Public Defender, bearing the date of the 29th day of July, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2338, page 2271. The' Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed.'tn".i~s name by ., Exe'cu~ed, · th'is ~'~. · ,-. f :.'.- ~:: ...../ · :., .,.,. :. :;:... ,; .; -~ . ,~ . ,. ~. .~. ~,. ~erk 'of. Circu$~ .Court ,, ,,,...,...'~, . ,'<"... · . :'/',,,..,.:,,,,.' '. . .' Approq~d a9 to form legal sufficiency As s ~s~t a n? [c~n~y&o rne j its Chairman. day of ~~' , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ItlCO0~ is OfflCllt IICO~f of coif, In co~lfl, It I~C m I.lt 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ JOSE CILVA MONTEZ ('4/11/57) CASE NUMBER: 97 2105, MMA for services of the Public Defender, bearing the date of the 21st day of April, 1997, recorded in office of the Clerk of the Circuit Court-of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2309 , page 3310. The Bbard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be execu,~d.,,i~.,its name by its Chairman. ..,".,;t,:':..',:c:,,. ",,, _ E,x'echted. '~.~h,isc' "!%',.,/'~ - clay cz: ~ ,- ' i ,' 'z ' ,l~"'~. · :]%~TEST: ',~':, '.; ¢ '. ,.,':;.'., , BOARD OF COUNTY COMMISSIONERS . :. ,.. ;; .:'.'. -;. · :', .,:, .~ ' ., ' . ~ :.? COLLIER COUNTY, FLORIDA ". · ' ,.: .. :.~." .7 ' .' . . '..~ · : .,;' ;.... ';~ ;:' . · :C.%erk '.of Ci.r6~'it,' Court By: TimOthy L. Hancock . ?,j ';; .... v' ,,' ~ Chairman '-. ' 'h,~?"'~;:,,~' ',,~;" ~ '~' ' Approved as to form legal sufficiency ~4~ PREPARED BY: CLERK OF THE CIRCUIT COURT ~,~ ~ ~ P.O. BOX 413044 Assi§tant County Attorney NAPLES, FLORIDA 34101-3044 *** 22491?9 OR: 2364 PG: 1903 ll/l~/ll ~t Il:ISa Dl~ia"r I. ~tOCX, ~ UC ~ I.OJ leU: 1 6 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER e, ~ 0-321 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MITCHELL DAVID LAMB (8/5/68) CASE NUMBER: 97 4772. MMA for se~tices of the Public Defender, bearing the date of the 23rd day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2354, page 3398. The' BDard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed[.~,'its name by its Chairman. · "': "?":~' :". ;:',%.'. I,,..t~ . ~. ,., _. ~ W.Y~.~t%'~-~'c~' ~'~,~_~ 'g % / ~ day ~~ , 99 ............. _ ,...% _~ of ~ . 1 7. ,, ....' .~. ~' .~,, '.. ~.~. A~S~: '. '" '~'~(:<':% '% 'm ' BOARD OF COUNTY COMMISSIONERS ~-' ':~ .' L~'r ..... ~c ~ . COLLIER COUNTY, FLORIDA 'i 'n:'.... ' ~' ~,.? ,. j~'~ .~ :~ . ' : -,'..'~"' ,-'::'A.' '~t,v ~ .- r ', '-.~ ~l'~k of CiF~u{~ ~urt '/ BY: TimbaL. ~~ -- ' · .:% ~?...' '.~": ~ '~,?'. ' Chal~an · ...,,~ .... ., ~ - ~ '> .: · Approved as to fo~ legal sufficiency PREPPED BY: ~ ~ CLERK OF THE CIRCUIT COURT ~., ~ P.O. BOX 413044 Assistant Coun(y Attorney N~LES, F~RIDA 34101-3044 SATISFACTION OF LIHN FOR SHRVICHS OF T~E PUBLIC DEFENDHR O1~1110 *** 2249180 OR: 2364 PG: 1904.*** lUll/l! at ll:l~lla M~I I. ~0~, ~ IlZ Ill FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: RAY PATRICK PARASCANDO AKA REY PATRICK PARASCONDO (8/2/59) CASE NUMBER: 95 2603 MMA ' for services of the Public Defender, bearing the date of the 24th day of July, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2084, page 0463. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County~ 'Florida, hereby directs that this Satisfaction of Lien be ex.ecut~d,j~_~"~ .~ name by its Chairman. Cl~'k,'of Ci. rc~ Court / Approved as to form legal sufficiency Ass stant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR ~CES OF THE PUBLIC DEFENDER e1~3/1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JOHN D NIRKA (12/03'/50) CASE NUMBER: 95 l186. MMA for services of the Public Defender, bearing the date of the 24th day of July, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2084, page 0462. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County~F~orida, hereby directs that this Satisfaction of Lien be exec~%~.~."~'~t~ name by its Chairman. Approved as to legal sufficiency p PREPARED BY: CLERK OF THE CIRCUIT COURT ~ P.O. BOX 413044 AsSistant County AttOrney NAPLES, F~RIDA 34101-3044 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPOND~CE NOVEMBER 18, 1997 16G FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 95-2925-MMA, 95-5032-MMA, 95-5683-MMA, 92-0688-CFA, 95-5243-MMA, 95-7014-MMA, 97..4376-MMA, 97- I464-MMA, 96-10334-MMA, 96-10336-MMA, 97-0292-MMA, 97-1627-MMA, 97- 7241 -MMA, 97-3242-MMA, 97-5985-MMA, 97-3680-MMA, 97-5888-MMA, 97-6163- MMA, 97-6246-MMA, 97-7009-MMA, 97-5744-MMA, 97-5248-MMA, 97-6995- MMA, 97-1945-MMA, 97-5222-MMA, 97-6289-MMA, 96-6357-MMA, 96-.5442- MMA, 97-6586-MMA, 96-10204-MMA, 97-0658-CFA, 91-058 I-MI, 95-3259-MMA, 95-7015-MMA, 95-3517-MMA, 95-1887-CFA, 96-5918-MMA, 97-5658-MMA, 97- 0034-MMA, 97-5189-MMA, 96-2205-MMA, 97-2105-MMA, 97-4772-MMA, 95-2603- MMA, 95-1186-MMA. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. Districts: mo Big Corkscrew Island Fire Control & Rescue District - Public Facilities Report, no changes in map and no bonds letters, Management Rebuttal Letter, 1996-1997 meeting schedule, Audited Financial Statements - September 30, 1996 and Annual Local Government Financial Report- 1995-96. Cow Slough Water Control District - Registered agent form for 1997 and district map. Devil's Garden Water Control District - Executed order appropriate the petition to amend the boundaries of district. Do East Naples Fire Control & Rescue District - General Purpose Financial Statements - September 30, 1996. E. Fiddler's Creek Community Development District - Minutes of June 25, 1997. Fo Golden Gate Fire Control & Rescue District - Special District Reports, Designation of Registered Agent Form, district map, 1997-98 meeting schedule, no outstanding bonds letter and 1997-98 Budget. Heritage Greens Community Development District - Minutes of July 30. 1007 meeting. AGENDA ITEM #0¥ 1 8 1897 pg. [ _ 16G 2 Ho Lo Ro Housing Authority - Annual Financial Report for FYE 9/30/96, Audit FYE 9/30/96, letter from auditor stating we received no management letter, approved budget for FY 1997-98, registered office and agent, schedule of regular meetings for 1997-98 and description of outstanding bonds for FYE 9/30/96. Immokalee Water and Sewer District - Rebuttal to management letter, budget, registered office and agent and schedule of regular meetings. Key Marco Community Development District - minutes of June 1 I, July 30, August 13 and November 6, 1996 meetings. Marco Island Fire-Rescue District - No rebuttal to auditor's report and no bonds letters, .1997-98 proposed budget, letter dated 8/27/96 reporting that the registered agent is, Chief Ed Dwyer, no changes in district map, the Public Facilities Report - 7/17/97 and schedule of regular meetings. Collier Mosquito Control District - Annual Certified Budget FY 1997-98, current district map, registered office and agent form and schedule of regular meetings - 1997-98. Naples Heritage Community Development District - schedule of regular meetings and district map. Fiddler's Creek Community Development District - schedule of regular meetings and district map. Port of the Island Community Development District- schedule of regular meetings, district map, and transmittal letters to County and City of Naples regarding District's Public Facilities Report for 1997 and minutes of July 17, 1997 meeting.. Pelican Marsh Community Development District - ~:hedule of regular meetings and district map. Key Marco Community Development District - schedule of regular meetings, district map and transmittal letters to County and City of Naples regarding District's Public Facilities Report for 1997. Lely Community Development District - schedule of regular meetings and district map. Heritage Greens Community Development District - ~ehedule of regular meetings and district map. North Naples Fire Control & Rescue District - Letter stated no rebuttal to management letter, 1997-98 Operating Budget- Impact Fee Budget - Fire Hydrant AGENDA ITEM No. It.. ~ · NOV 1 8 1997 pg. ~ 16G 2 Budget - Fire Code Official Budget, district map, registered agent form, schedule of regular m~tings nnd f~ility record. Collier Soil and Water Conservation District - Letter stating no outstanding bonds, registered agent form and district map. V. South Florida Water Management District - Proposed FY98 Budget-in-Brief. Minutes: Ao Airport Authority - August I 1, 1997 minutes and agenda of October 13, 1997. Referred to BCC. B° Beach Renourishment/Maintenancc Committee - Agenda of October 2, 1997. Referred to BCC. C. Code Enforcement Board - North - August 28, 1997 minutes. Referred to BCC. D. Code Enforcement Board - South - August 8, 1997 minmes. Referred to BCC. Eo Environmental Policy Technical Advisory Board - October 13, 1997 agenda. Referred to BCC. Fo Golden Gate Beautification Advisory Committee - September 9, 1997 minutes and agenda of October 14, 1997. Referred to BCC. Go Historical/Archaeological Preservation Board - October 24, 1997 agenda. Referred to BCC. Ho Immokalee Beautification M.S.T.U. Advisory Committee - September 17, 1997 minutes and agenda for october 15, 1997. Referred to BCC. Ochopee Fir~ Control District Advisory Board - April 14, 1997 minutes. Referred to BCC. Collier County Planning Commission - September 4, 1997 minutes and agenda of October 16, 1997. Referred to BCC. K. Productivity Committee - August 28, 1997 minutes. Referred to BCC. Lo Collier County Water and Wastewater Authority. August 25, 1997 minutes. Referred to BCC. Other AGEq~A ,,,ITEH No. / ,l~.r~ · NOV 18 1997 Bo Statement of revenue and expenditures of the Clerk of the Circuit Court for the year ended Sept,-tuber 30, 1997 fix)m Dwight E. Brock, Clerk of the Circuit Cota-t. Referred to BCC. Collier County Tax Roll Annual Report for 1996-97 fiscal year and Schedule of Revem~ reflecting the allocation of the unused fee~ for that year from Guy L. Carlton, Tax Collector. Referred to BCC. Letter from Mark Middlebrook, Deputy Com't Administrator on behalf of William D. Wilkinson, Court Administration and the Honorable Hugh E. Statues, Chief Judge for th~ Twentieth Judicial Circuit announcing th~ returning of funds. AGENDA so. Wednesday, September 17, 1991 09:48:53 Collier Count7 Airport Authorit~ Page 1 of 6 , 16G MEMBERSNeno Spagna PRESENT: Michael Williams ABSENT: Steve Price STAFF: John Dmrv Tho~nas Palmer PUBLIC: Dave Pclerson AIRPORqAUTHORITY MINUTES OF AUGUST I1, 1997 APPROVED 9/15/97 Monte Lazarus t lcrbert Noren Ernest Spinelli George W. Barton, Sr. Teresa Thomas Steven Rocco John Norman Luc Carri~c I. MEETING CALLED TO O~ QUORUM CHECK Meeting called Ir) ordt:r al 1:00 p.m. and quorum was pre.~nl. II. APPROVAL OF AGENDA Mr. Lazarus moved to approve the amended agenda as follows: Move V.B. to IV.A.. Add IV.B. Air Show, Add IV.C. Award. Mr. Spinelli seconded the motion. Motion passed unanimously. III. APPROVAL OF MINUTES Mr. Lazarus moved to approve thc minules of 6/9,/97. Mr. Spinclli seconded thc molion. Molion passcd unanimously. IV. ADMINISTRATIVE Ever/glades Accenn Road Mr. Drurv slated staff developed an Access Road Agreen~ent which in effect: (1) Offers access over the road in exchange for prope~, owncn' paying for halt' the cost of maintaining the road and: (2) Oflbrs a utilib' easement in exchange for an Avigation Easement. Mr. Lazarus questioned who currently pays for the maintenance on the road. Mr. Dh,tV stated the Authorilx, currently pays 10000 of that cost. Mr. Williams questioned will thc owner will pa5' 50% of maintenance and the Authority pay 50%. Mr. Drury stated that is correct. Mr. Drury stated the road has to be returned to its original condition prior to construction. Misc. Cortes: ~ac 'gle _ 8err~ _ ~v _ C0piesT0: Wednesday, September 1L 1997 09:48:53 Collier County Airport Authority. Page 2 of 6 16G 2 Mr. Peterson introduced himself for tile record and staled he is going forward v, ith the project. Mr. Peterson also staled he feels the Authorilv crealcd thc problem of the Access Road and the Authority needs to corrcct thc problem. Mr. Spagna qt,cstioned if Mr. Peterson has ~',,m Iht contract? Mr. lhasry stated "no" il has been giv,m to the prop~n'~,' owner to review and they feel comfortable with thc agreement. Mr. Dmry sated there is a relationship with the owner and the Authority that needs to be resolved. This agreement clears up this access issue. Mr. William stated we need to speak to thc property own,,'x. Mr. \Villiams also is not very appreciative of Mr. Petersons bellig~ent remarks and attacking even'one. Mr. Smith introduced himself for the record and stated lie is the Trustee for a group of owners and a partial owner. He would like to sec this project go foras'ard and fccls it would b~mcfit Everglades Cilx'. Mr. Smith is in agre~m~ent of both the avigation casement and utilities easem~mt. Mr. Williams moved to give staffthe authority to proceed with the agreement. Mr. Lazarus seconded the mellon. Motion was passed unanimously. b. Request to Conduct an Airshow at the Immokalee Regional Airport Mr. Dn]D' stated staff has been in contact with John Norman v,'ho's requesting authorization to conduct ail airshow at Immokalee Regional Airport which is tentatively scheduled for Jul,,' 4o' and 5~ of 1998. Mr. Norman introduced himself for thc record and stated thc hc's requesting authorization to conduct a three hour airshow. This airshow will also consist of fireworks and a parachute team. .Mr. Drur3' stated if thc At, thorily is interested hc will negotiate a contract which will address all insurance issues as well. Mr. Lazarus moved to approve the airsho~v. Mr. Spinelli seconded tile motion. Motion passed unanimously. c. FDOT Prelect of the Year Award Mr. Dm.fy stated FDOT awardcd thc Airport Authorit)., xvith "Airport of thc Year Award" for Immokalcc Regional Airport. Mr. Lazarus moved to prepare a resolution thanking Mr. DmD' and his staff for Ihis award. Mr. Spinclli seconded the motion. Motion passed unanimously. d. Business Plan Mr. DmD' stated stall' has developed an outline of the Business Plan fbr tile Authorits."s review. Mr. Dru~' recommended the :\uthority set up a Business Plan Committ~.~. The Authorily scheduled a meeting for 8/28/97. 1:00 p.m.. Administralive Offices. 2 Wednesd~'y, Sept=tuber 17, 1991 09:48:53 Collier County Airport Authority Page 3 o! 6 Mr. Lazarus has reviewed thc outline and has given some suggestions on thc marketing strategies for each air'pofi, prtxtucts and sen'ices riley provide, and additional chalh:nges, insure FDOT and EDA Ch'ants arc reported under the financial section of thc Business Plan. e. Budget Operation (Fund 495) Mr. DmD' explained thc Board of Count)., Conmfissioners requested lhat Airport Authority reduce our break even need by $147,000. Mr. Drurv is recommending thc Authority approve the budget cuts, new fuel and hangar f~s, and rental rate structure to become effective October 1. 1997. .Mr. Noren feels we should raise the rent tbr t-hangars at all Count)' airporls. Mr. [,a:,.arus feels we should gradually rai.~ our prices over the 5'ears. Mr. Spinelli moved to approve the recommended budget cuts and approve the new fuel and hangar fee and rcmlal rate slot clurc lo Ix:come el'l'eclive ()clober 1, 19~57. Mr. l,azarus seconded thc molion. Molion passed unanimously. f. Budget Capital (Fund 496) >,tr. l)rurv staled thc tk~ard of Count3' Commissioners requested aq analysis within thi~' days of the return on investmcmt thai revenue producing projecls would have belbre he could supporl thern. Mr. Drury stated all revealue projecls, safe,ty and environmental projects were approved however, the stormwatcr projcc! was denied. *Ir. Spinelli moved lo approve the revi.~d capital hudgel fi~r FY 97-98. Mr. Williams seconded thc motion. Motion passed unanimotzsly. ~ Rcappointmcnt of Authority Membcrn Mr. Drurv stated tile Steve Price. Ernest Spinelli. Richard Anderson. and Monte I,azarus are under consideration by tile Board of Count5' Commissioners tbr reappoinlement and appointment to the Authority Board. V. EVERGLADES AIRPARK National Park ~OAnnivemam' Celebration *Ir. L)rurv staled lhe National Park is requesling the u~ of the airport on 12/6;97 Io pcrlbm~ a re- enactment of the National Park Dedication Ceremony. Mr. Drury is recommending the Authority Chairn~an draft a letter back to the National Park approving the use of the Airpark for the event and approve a resolution supporting the event. 3 Wednesday, September 17, 1991 09:48:53 Collier County Airport Authority Page 4 of 6 Mr. Lazarus moved to approve a resol,'~fion supporting the event and will draft a letter back to the National Park approving the use of tile airport. Mr. Spinelli .seconded the motion. Motion passed unanimously. Mr. Spinelli stated Touch-N-Go Magazine is going io put Iogefl,er an editorial on l';vcn'glades Air'park in next months issue of the magazine. ix Terminal Building Porch Enclosure Mr. Drury received two written quotes (,56,730.00 and $3,740.00) for enclosing the upper deck portion of the Temfinal Building. Even though it is feasible to accomplish this modification, screening the upper deck will lim!t visibility from within the terminal building of the airside operations possibly causing a safety hazard. Mr. Lazarus moved not to commence in screening this area. Mr. Spinelli seconded the motion. Motion passed unanimo~,sly. VI. IMMOKALEE REGIONAL AIRPORT a. Airport License ,',,Ir. Drury stated per the airport license issued on 7/2/97 no more restrictions on night time or IFR use exist at the airport. Runway lights have been turned back on and the Notam canceled. Mr. Drur)' stated wc still have major pcnclrations which we arc currently working on. b. Ent~ineerint~ Work Order- Manufacturintl Incubator Mr. Dru .fy is recommending approving a work order with Dufresne-Henry, Inc. in the amount of $69,990 to design and engineer Ihe Manufacturing Incubator Facility. Mr. Will/ams moved to approve Resolution No. 97-28. Mr. Spineili seconded tile motion. Motion passed unanimously. c. En~lneerini~ Work Order - Aircraft Apron Expansion Mr. Drury is recommending approving a work order with Dufresne-IIenry. Inc. in the amount of $22,286.80 to design and engineer the Aircraft Apron Expansion. Mr. Lazarus moved to adopt Resolution No. 97-22. Mr. Spinelli seconded the motion. Motion passed unanimously. d. Enl~ineering Work Order - Seal Blast Pad Joints Mr. Dru~ is recommending approving a work order ',viti~ Dufresne-Ilem3.' Inc. in the amount of $5,178.70 to design and engineer the Seal Blast Pad Joints. 4 Wednesday. $cptcmbc; ~ 7,; 997' 09:46:5:3 Collier County Airport Authority Page 5 of 6 16G Mr. Lazarus moved to adopt Resolution No. 97-23. Mr. Spinelli seconded thc motion. Motion passed unanimously. e. Engineering Work Order- Obstruction Removal Mr. Drurv is recommending approving a work order with Dufresne-}Ieru'3', Inc. in the amount of $23,487.88 to design and engineer the Obstruction Removal. Mr. Lazarus moved to adopt Resolution No. 97-24. Mr. Spinelli seconded the motion. Motion passed unanimously. f. Engineerint, Work Order - Beacon Tower Mr. DruD' is ~'ecommending approving a work order with Dufrcsnc-ltcnry, Inc. in thc amount of $6,490.90 to design and engineer the Beacon Tower. Mr. Lazarus moved to adopt Resolution No, 97-25. Mr. Spinelli seconded the motion. Motion passed unanimously. g. Auction Mr. Drury stated Demot! Auction Company is requesting to lease airporl land tbr the period of 9/!/97 - 10/9/97 for thc purpose of conducting a public auction of agricultural equipment and machinery. Mr. Spinclli moved to cntc'r into a lease with Demott Auction Company under thc same tcrn~s and conditions as last year lease. Mr. Lazarus seconded the motion. Motion passed unanimously. VII. MARCO ISLAND EXECUTIVE AIRPORT a. Terminal Building Update Mr. Drurv stated the temfinal building is progressing well and still on schedule. Occupancy is scheduled for November. b. Mant~rove Removal Mr. Drur3.' stated staff has negotiated an amendment to the original work order for the mangrove clearing project. The amendment is to provide additional sen'ices in association with wildlife coordination and construclion sen'ices. The amendmen! will increase the original work order by $29,890.00 Io $212,035.00. Mr. Spinelli moved to adopt Resolution No. 97-26. Mr. Lazarus seconded the motion. Motion passed unanimously. c. AWOS 5 Wednesday, September 17, 1997 09:46:53 Collier County Airport Authority Page 6 of 6 Staff has advised FAA that the Collier County Airport Authorily has been investing its resources in making thc airport a safer facility by installing a Localizer,qDME instrument approach, clearing obstructions to runway safety areas, etc. Staff has advised FAA that we are commitled to providing the most modem equipment available and making this Facility a sal'e place to land, bringing the AW()S back to service will enhance safety and provide pilots with the most recent information while flying the new instrument approach. An FAA engineer from Atlanta was recently at Marco for an on-site inspection and to coordinate with a local contractor for installation of the new antennae. The necessary equipment needed to complete tiffs project was also recently delivered. This has been a long process, staff now feels confident that this project is well on its way to being completed. VI I I.OLD BUSi NESaNone IX. NEW BUSINESS"4one ,Mr. Lazarus would like to express the Authori .ty's appreciation to Neno Spagna and comment on the nice article in Sunday's Naples Daily Newspaper. X. ADJOURNMENT Nc,ct Authorib' meeting is scheduled for 9/I 5/97. Meeting adjourned al 2:30 p.m. 6 Friday. October 10, 1997 07:37:43 AM Colii=r County AirpoA Authority Page 1 of 1 Z COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: October 13, 1997 PI,ACE: Collier County G4)vernment Centec, 3301 E. Tamiami Trail, Administralion Building, 3rd Floor, Naples, FL TIME: l:00 P.M. Any per, on who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all lestimony and evidence upon which the appeal is to be based. Call Meeting to Ordm' and Quorum Check [I. Approval of Agenda n'I. ,.\ppmval of Minutcs I'V. Administrativ= a. Business Plan - Operational Budget - Fund 495 b. Business Plan - Capital Budget - Fund 496 c. Environmental Award d. Dufresnc-I lenry, Inc. t~amual Contract Renewal Evcrgladcs Airpark a. Florida's Outstanding Rural Community Award b. Appraisal c. Obstruction Removal Project VI. Immokalee Regional Airport a. Scrub Jay PlarVObstmction Removal \'9I, Marco Island Executive Airport X,TiI. Old Business IX. Ncw Business a. FY 97-98 Conferences X. Adjournment Hancock Co, st&heine ~c'~e hqisc. Cortes: Oate: Item# ~pi~ 1'o: NATURAL RESOURCES MANAGEMENT ~35~lEIGHTH STREET SOUTH NAPLES, FLORIDA 34102 941-434-4655 FAX 941-434-3059 SUNCOM 974-4655 NOT~CE OF PUBB~C HEETIN~ The Beach Renourishment/Maintenance Committee announces a public meeting to which all interested persons are invited. DATE: PLAC3: Thursday 02 October 1997 9:00 A.M. city Council Chambers, 735 Florida 34102 Eighth Street South, Naples, 1. Roll Call. Consideration of a approval of the minutes of the 29 August special meeting. Project updates: Hideaway Beach T-groin construction, offshore sand search, Water Turkey Bay dredging, dune revegetation, upland sand stockpiling. 4. Other business· 5. Agenda for next meeting, 06 November 1997. 6. Ad j ourn. FO~4AL ACTIO~ MAY BE TAKEN ON ART X1'~4 DX~i'USSED ~ D~I3I~ ~ BY ~lS ~l~ T~TI~ ~D KVXD~ U~ ~l~ ~E APF~ IS ~ ~K H~D. ~ f~ ~l~ A DIS~ILI~ ~XRING AUXILI~Y AI~ ~D S~VX~ ~ ~l~ ~ZTX~G ~ ~ ~Z CX~ ~'~ O~ICE AT 434-4701 NX~ R~TS AT L~T ~ ~USI~ ~YS BZ~ ~K For additional information, please contact Jon Staiger at 434- 4655. : Staiger, Ph.d., at&\be&chcom\bchl0O2.97 -- Natural Resources Manag~sc. Corfes: Norr t s _ / ~,, Hancock _ Constantine_ Mac'Kle - Berr~ I~ - Copies To: members present: TRANSCRIPT OF THE MEETING OF TH.E CODE ENFORCEMENT BOARD - NORTH Naples, FlOrida, August 28, 1997 Met on this date at 8:35~.a:~...:.in~.LAR..SESSION in Building "F" of the Government Cgmplex, Ea.st..N~ple~i~%orida,~with the following CHAIRPERSON: Mireya Louviere Richard McCormick Jim Allen Celia Deifik Charles Andrews Fred Mueller George Ponte Cliff Flegal ALSO PRESENT: Richard Yovanovich Linda Sullivan, Code Enforcement Director Teresa Passmore, Code Enforcement Morr t S Hancock Constantine ~ac'~e Bert] Oate'. ~ lo: Page 1 CODE ENFOR m T BOARD OF COLLIER CO FLORIDA 16G Date: August 28, 199'7 at 8:30 o'clock A.M. , Location: Colfier Count~ Government Center, Admn. Bldg, 3rtl Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. ROLL CALL~ APPROVAL OF AGENDA_ APPROVAL OF MINUTES_ PUBLIC HEARINGS_ A, BCC vs. Hollis E. ~nd Mary Foster B. BCC rs. G~c; Zdravkovic, Tr. William Zdravkovic, Tr. C. BCC vs. Gregory T. Hagen D. BCC vs. Terry Sitarik NEW BUSINESS OLD BUSINESS REPORT.S. N/A NEXT MEETFNG DAT,~ AD.~OUR~ July 24, 1997 September 25, 1997 CEB NO. 97-009 CEB NO. 97-020 CEB NO. 97-02.1(a) CEB NO. 97-024 '1 16G August 28, 1997 2 eaIRPERSON LOUVIERE: Okay. Thank you. Good morning. Are we dy to proceed with an oath -- with the code compliance meeting? If so, the August 28, 1997 Collier County North Code Enforcement Board is now in session. Can I have a roll call to my left, please? MR. PONTE: George Ponte. MR. FLEGAL: Cliff Flegal. MR. McCORMICK: Rick McCormick. CHAIRPERSON LOUVIERE: ,Mireya Louviere. MR. ALLEN: Jim Allen. MR. MUELLER: Fred Mueller. MR. ANDREWS: Charlie Andrews. MS. DEIFIK: Celia Deifik. CHAIRPERSON LOUVIERE: Okay. Thank you. It appears we have a full board today, so the alternates will not be participating, although we thank them for coming. Is that correct? MR. YOV~DVICH: The only way they would participate is if it's discovered that there's a conflict in any of the cases. At that point -- or someone becomes ill and needs to leave, but as of right now, they would not be participating in any of the hearings. CHAIRPERSON LOUVIERE: Okay. Thank you very much for that clarification. - Are there any changes or additions to the agenda? MS. SULLIVAN: I don't think there's any changes. I have a ouDle of additions. I have an item under new business and a report. - CHAIRPERSON LOUVIERE: Okay. What is the new item? MS. SULLIVAN: It has to do with our notification problems that we're having and I had mentioned it to the other board. CHAIRPERSON LOUVIERE: So we're going to discuss notification issues? MS. SULLIVAN: Yes, and then I have a report. I believe you asked me for some idea about how much we were spending on the boards -- CHAIRPERSON LOUVIERE: Okay. MS. SULLIVAN: -- each year. So I have a report on that for you. CHAIRPERSON LOUVIERE: As far as the attorney fees? MS. SULLIVAN: As far as the total cost for the department. CHAIKPERSON LOUVIERE: Oh, I see. We were talking -- right, about just being able to serve people and how much it would cost and all that. MS. SULLIVA~: Well, I just have a breakdown of all the costs for last year. CHAIRPERSON LOUVIERE: Costs for last year, okay. Any other changes? MS. PASSMOKE: Madam Chairman, we'll being taking one case off the agenda, Hollis E. and Mary Foster, CEB Number 97-0029. They are in compliance at this time. THE COURT REPORTER: Your name, please? MS. PASSMORE: Teresa Passmore. CHAIRPERSON LOUVIERE: Okay. Do I have a motion to approve the Page 2 t6G August 28, 1997 ust 28, 1997 revised agenda? M~. ALLEN: I make a motion. CHAIRPERSON LOUVIERE: We have a motion. I'll second the motion. All in favor signify by saying aye. It passes unanimously. Is staff prepared to present item 4(B), BCC versus Grace Zdravkovic and William Zdravkovic? MS. PASSMORE: Zdravkovic. CHAIRPERSON LOUVIERE: Oh, 'thank you. I always forget to approve the minutes. Do I have a motion to approve the minutes of July 24, 19977 MR. McCORMICK: I'll make a motion we approve the minutes. MR. FLEGAL: Second. CHAIRPERSON LOUVIERE: I have a motion and a second. All in favor signify by saying aye. Okay, staff? MS. PASSMORE: Morning. The next case will be Grace Zdravkovic, trustee, and W~lliam Zdravkovic, trustee. CEB Number 97-020. I believe Mr. Z~ravkovic is here this morning with us. MR. ZDRAVKOVIC: Yes. MS. PASSMORE: And Investigator Environmental Specialist Kimberly Polen, who's the investigator on this case. C~IRPERSON LOUVIERE: Klm, would you identify yourself for the record? MS. POLEN: Yes, my name is Kimberly Polen, Environmental pecialist II with the Collier County Code Enforcement Department. MR. YOVANOVICH: She needs to be sworn in. (Ms. Polen was sworn.) MS. PASSMORE: Do we need Mr. Zclravkovic sworn also? Madam Chairman, originally we had a notification problem with Mr. Zdravkovic. We had a P.O. Box address that we were sending all the certified mail to. Everything was being returned. Mr. Polen did have contact with Mr. Zdravkovic verbally and that's why he is here this morning. CHAIRPERSON LOUVIERE: Thank you. MS. PASSMORE: The original violation in this case, complaint number 61203-3, the location of the violation was at 680 16th Avenue Northwest, Naples, Florida, the Golden Gate Estates, Unit 19, Tract 26. The violation in this case is unlawful removal of vegetation prior to obtaining a vegetation removal permit. I'll now turn it over to Investigator Polen. MS. POLEN: Okay. The description of the violation is unlawful removal of vegetation prior to obtaining a vegetation removal permit stating, "In violation of the Collier County Code .... Collier County Land Development Code Number 91-102, Section 3.9.3. This section is titled applicability, unlawful to remove vegetation, which states, "It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, county, or municipal government to remove or cause to be removed vegetation without first obtaining a vegetation removal permit from Page 3 August 28, 1997 the development services director except as hereinafter exempted." eOn December 4th of 1996, during the initial investigation, a ulvert filled driveway and clearing in the rear of the property was observed. On February 27th of 1997, clearing and filing of a wetland was observed. On April 4th of 1997, a meetf~g was held With Mr. Zdravkovic and Investigator Polen. At this time mitigation alternatives were discussed and a Notice of violation was served requesting a compliance date of May 4 1997 ...... ............. ~ : ~'<'~'"''" ~ ~; On May 7th of 1997, a ~orrespondence was'received from Mr.. zdravkovic requesting hearing before the Code Enfor'cement Board. On July 23rd of 1997, a reinspection was done of the property, found no violations -- found violations to remain, and my evidence I would like to present is the photographs, if you would please put that into the record. MS. PASSMORE: Do you want to pass them around? MS. POLEN: Yes, I -- MR. YOV~OVICH: Would you show those to the respondent first, so he can look at them and see if he has any objections? CHAIRPERSON LOUVIERE: Also, should we mark these Exhibit A? MS. SULLIVAN: Yes, we'd like to enter this as Exhibit A. CHAIRPERSON LOUVIERE:. Okay. You,d like to enter this as Exhibi~ A? MS. SULLIVAN: The packet, please. I&R. YOVANOVICH: Okay. Thanks. CHAIRPERSON LOUVIERE: Kim, how big is the parcel of land that ~e're discussing? MS. POLEN: The parcel is an estate zoned lot. CHAIRPERSON LOUVIERE: Is it one and a half? I mean, one and a quarter or 2.25? MS. POLEN: Just a second. I have that information. One moment, please. It's a five acre tract. CHAIRPERSON LOUVIERE: Five acres? MS. POLEN: U/s-huh. You'll see in Exhibit 1, I mentioned this was a wetland. If you were to place yourself at the end of this created driveway, right about a third in the central portion of the project, on the northern third, you would find that the water level at this time is approximately 18 to 20 inches. CHAIRPERSON LOUVIERE: Out of the five acres -- MS. POLEN: Above the ground. CHAIRPERSON LOUVIERE: Out of the five acres, how much of it, in your opinion, is wetlands? MS. POLEN: A majority. CHAIRPERSON LOUVIERE: The majority of it? Three acres? MS. POLEN: Maybe between 50 and 75 percent. ~R. YOVANOVICH: Before we go too much further, Madam Chairman, can we have a motion to accept Composite Exhibit A as evidence, and I would like the respondent to confirm that he has no objection to Composite Exhibit A? 145{. ZDRAVKOVIC: No objection. August 28, 1997 CHAIRPERSON LOUVIERE: Okay. I make a motion He accept Composite ibit A into evidence. Do I have a second? MR. ALLEN: Second. CHAIRPERSON LOUVIERE: Motion and a second. All in favor signify by saying aye. It passes unanimously. MR. YOVANOVICH: Thank you. MS. POLEN: The respondent also applied for a permit back on January 10th of 1996, that permit was in review and it was canceled on April 18th of 1997. The building permit'plans were returned to the respondent, and according to the building permit file, Collier County had done a majority of the review and .it was sent to the Collier County Public Health Unit and during the review'of the Collier County Public Health Unit, there was discussion of wetland concerns. The applicant had received a variance for filling 4,000 square feet of wetland and in order to accommodate the respondent°s plans to put in a septic tank with a drain field, that would not be enough area to accommodate that particular plan in this wetland area. Do you understand that or have any questions? CHAIRPERSON LOUVIERE: Okay. So basically what you're saying is he had obtained -- I'm kind of confused, actually, and just bear with me. Did he go -- he has this parcel and this five acres and 50 to 75 percent is wetlands, right? - MS. POLEN: Uh-huh. CHAIRPERSON LOUVIERE: He wants to build, I'm assuming, a single amily residence because the estate zoning allows it with a septic ank?Ms. POLEN: On his plans it was indicated as a single family residence, correct. CHAIRPERSON LOUVIERE: All right. He went in for a building plan. MS. POLEN: Yes. CHAIRPERSON LOUVIERE: For a building permit. MS. POLEN: Building permit. CHAIRPERSON LOUVIERE: When it went to HRS for the septic tank, because HRS -- that's what HRS does is review plans for septic tanks. MS. POLEN: Right, as part of the building process. CHAIRPERSON LOUVIERE: As part of the building process, there were some issues again about the fact that we're dealing with wetlands and that this is a very wet site. MS. POLEN: Correct. CHAIRPERSON LOUVIERE: Okay. But he had -- part of what he was allowed to do there was fill in 4,000 of the wetlands, I'm assuming to be able to place his pad and the septic tank. You would assume that's what he's -- MS. POLEN: Well, that's what he applied for and he got a variance for that amount of area. CHAIRPERSON LOUVIERE: For that amount of area? MS. POLEN: Uh-huh. CHAIRPERSON LOUVIERE: Okay. And somewhere along the line, he went and he pulled his building permit? .6G 2' August 28, 1997 MS. POLEN: The building permit has never been issued. CHAIRPERSON LOUVIERE: Has never been issued? MS. POLEN: Correct. CHAIRPERSON LOUVIERE: Because when they went -- what triggered you to go out on the site? MS. POLEN: By patrol, they Picked up a culvert and it appeared that there was an additional driveway. It was an internal patrol. I didn't pick it up myself. CHAIRPERSON LOUVIERE:.'Oh, %internal'patrol picked it up? MS. POLEN: Right, and that was on December 4th of 1996. I, myself, visited the site for the very first'time -- actually, January 21st, another investigator went out.to the site and inspected it and I went out on February 27th and observed the fact that we had some clearing and filling in a wetland area. CHAIRPERSON LOUVIERE: Outside the 4,000 that he's been allowed to do, I'm assuming, 'cause you're saying he's allowed to 4,000 -- MS. POLEN: He's -- CHAIRPERSON LOUVIERE: -- but he doesn't have a permit? MS. POLF~: According to the State of Florida, he may alter that, but that doesn't -- you know, he doesn't have a permit through Collier County, period. CHAIRPERSON LOUVIERE: Through Collier County, period. MS. POLEN: Yes, I just wanted to mention that he had applied for it and it got canceled as part of my evidence so that you could understand -- CHAIRPERSON LOUVIERE: I understand. MS. POLEN: -- why he was not issued a permit. CHAIRPERSON LOUVIERE: Definitely. -MS. POLEN: Okay. So the time frame he applied for the permit was on June 10th of 1996. The building permit allows a six month application period and the gentleman did not submit the substantial information to make the building permit comply with Collier County standards and thus the permit was canceled -- CHAIRPERSON LOUVIERE: Okay. MS. POLEN: -- on April 18th of '97. So that's all my evidence. I did visit the site yesterday and the violation does remain. CHAIRPERSON LOUVIERE: Has he done additional work out there? MS. POLEN: No. CHAIRPERSON LOUVIERE: No? MS. POLEN: Uh-huh. CHAIRPERSON LOUVIERE: Okay. Do any of the board members have any questions of Kim? MR. McCORMICK: So right now what has been filled is the driveway and the culverts on the driveway and the pad where the house is proposed to go is also filled? MS. POLEN: The culvert and the driveway, right, the driveway is what we're dealing with, and the pad has not been filled. It's just been cleared. I did not mention the order to correct. The order to correct is to prepare a mitigation plan according to ordinance number 91-102, 16G 2 August 28, 1997 Sections 3.9.6.9 through 3.9.6.9.5 and complete the mitigation 15 days after approval of the mitigation plan. CHAIRPERSON LOUVIERE: What do you think of a mitigation plan? I mean, what kind of mitigation are you looking at? MS. POLEN: Mitigation can be done three ways and it's a process of elimination or what can be worked with first, and it's on-site, off-site or funds. Those are the three options. CHAIRPERSON LOUVIERE: In your opinion, since he has five acres and 50 to 75 percent, mitigation could be handled on-site and he could just maybe clear some of .the .exotics and enhance what's there.and that would be considered mitigation.~ >~ ' .... · MS. POLEN: His intent is to pull a building permit or it was at the time, so exotics would have been required in the building permit process, and staff would not have considered that mitigation. . In the event that he does not pull a building permit, we could consider on-site exotic removal part of the mitigation process. CHAIRPERSON LOUVIERE: Well, I haven't talked to him yet but I'm asscuning if he's going to go through all this trouble, he wants to put a house there. So I think we were -- the only reason -- I would like you to get a little bit more specific as to, let's say he can do on-site mitigation, what -- give me a little bit more specifics, so in case we have to rule on it, we can say this is what he will be required to do. Do you follow me? MS. POLEN: Uh-huh. Well, it all depends on his plans, you know, if he's gonna go for a building permit right away again, there's only so much area out there. He cleared the wetland area, so the mitigation is based on area. So he's got to replace that area, unless he's not gonna build a house, there could be a combination of replacing that area and removing exotics, but I doubt that he wants ~to live right up against vegetation. He does have to have area for a septic tank and his driveway access into the property. He would be if -- in an estate zoning or single family homes, when you pull a building permit, you're permitted to clear an acre. CHAIRPERSON LOUVIERE: An acre? MS. POLEN: An acre of land, correct. Now, that does not exempt you from state or federal permits. CHAIRPERSON LOUVIERE: Okay. I'm just thinking. MS. POLEN: Okay. M~. McCORMICK: Question, the violation's for removal of vegetation? MS. POLEN: Correct. MR. McCORMICK: Does that section of the code include filling of the wetland or is that another violation? That's not -- MS. POLEN: In this case it's just a part of the restoration, okay. So if the gentleman was not interested in any development plans, at the time he was in the development plan process, trying to get a permit, if he was not, what we're asking him to do is restore the site back to its natural condition, so that means removing the fill. CHAIRPERSON LOUVIERE: Any other questions of Ms. Polen? Okay. Does the respondent wish to speak? 16G August 28, 1997 MR. ZDRAVKOVIC: Yes. O CHAIRPERSON LOUVIERE: Thank you. Would you please step up to the microphone, sir, and identify'yourself for-the record? · MR. ZDRAVKOVIC: Okay. 'Good mOrning, ladies and gentlemen. My name is William Zdravkovic and I noticed there's a problem pronouncing my las~ name, so I've been traveling as Bill Whiz or William, using my initials. You can please call me Bill or Whiz,'whatever you like. MS. PASSMORE: May we have the respondent~sworn in, please? CHAIRPERSON LOUVIERE: Would you please be sworn in? (Mr. Zdravkovic was sworn~) ... ~-~ .... , · MR. ZDRAVKOVIC: I'll give ~ou a little history of the whole case. The trust is -- the trust owners are"three children, my children; Kendra, Derrick and Brandol Zdravkovic and it's named the Trust Residence of KDB. It's not relevant, so that you know. The land was purchased approximately a year and a half ago, with the idea -- and it's purchased with a loan, you ~ow, we pay 200 some dollars a month to the bank for that. The land was purchased with the idea to build a home for the family and the land was selected because it has beautiful trees, you know, it's just a beautiful piece of land. However, prior to the purchase of the land, I had some experiences with some other land purchases. I asked the real estate man, "Are there any problems with the wetland," and he had assured me that there aren't and that wasn't too scientific, and he had tried to find out, but at that point it was very difficult to determine whether this land is in wetland. We could determine that because of the cypress trees and not too many -- not many evergreens or pines, the O land is probably sitting in the wet -- I mean, there is some wet area. Be that as it may, we liked the trees and the land and ever%;thing, so the land was purchased consequently. Shortly thereafter, I prepared -- I'm an architect. I prepared a set of documents to build the house on. The house was to be 1,600 square feet. Not a very big house this time, hoping that in due time, we can expand, and drawings were submitted to the building department on June the 12th, 1996. Within a ~ week or two, I was informed that the plans have been reviewed, everything is approved with the exception of the septic tank part, and 'c' in my past experience, I thought that was like an easy thing. You know, septic tank, normally, I always have more to deal with the building itself than the septic tank. · ~ Well, I contacted the HRS person, Ed Gilman, Mr. Gilman, and I " was told according to the submitted part of the documentation that deals with the septic tank, there's some problem with the wetlands. I was advised to seek the assistance of an environmentalist. I hired one. We paid $500 for him to do it. We didn't pay much, we paid him 300 or 200 -- the balance was to be paid after he was completed. He then -- he went and pursued the problem and within three months -- ? took two to three months to go to the Army Corps of Engineers, whatever required other municipalities and at that point in time -- at some point in time, he had informed me that he had received a permit from, I believe, Army Corps of Engineers. All right. We are all excited. We can now just submit that, pay · ., ...... ............ ~,~.~.~_~ :.: .,~.~.~,~:~%'~ :.'Page 8 ~ -- .' August 28, 1997 Ofor the permit and go. I hadn't been in the area; so I asked him to do that. He had taken the permit to the HRS, it was rejected. I couldn't understand why, but after looking at the documentation -- we had them on hand, Army Corps of Engineers insisting that this land -- in this land, we should not do too much filling, not to interrupt the environment, which I'm in agreement with to some extent because we bought the land because of the trees and the whole thing. You know, 1,600 square feet, and if one were to look at these plans, this is an unusual structure. It's a round building. It nestles very tightly and I had some idea of, you know, kind of meandering in between when I put'in the addition. Nevertheless, we have the Army Corps of Engineers insisting that we cannot go any more than 4,000 square feet of filling. The HRS was insisting that you cannot do that and, again, I agree with them to some extent because if you do not put a septic tank in the proper location with proper fill, you will pollute the water. So I went the next step further. What is the logical -- so there's a contradiction then. %~ile I wanted to get the permit, the one municipality would not permit Jt and the other one is not permitting for their reasons and maybe equally right. So, now, we have next problem. I asked environmentalist, I said maybe we can go to -- it's five acres, you know, I'm only asking to use a very small portion of it. I'm not asking what I intended to. Maybe we can go to the back or find the dry land. He had assured me that 50 percent of this !and is dry. Well, after further analysis, I Ofound out, to just reiterate Mrs. Polen -- you ask her about much wetland. The entire site is a wetland, okay. Now, I have gone back to HRS and they suggested I hire another engineer, which I did, that cost me another $500. He had prepared the drawings with the adjusted land distribution in order to solve the problem of the pollution or, you know, the potential pollution and then went to HRS. Mr. Gilman rejected it again. At that point in time, according to the regulations of Collier County, this permit was no longer to be processed because it expired in time. In addition to it, we do have a violation with Ms. Polen, I do not object to the violation. I accept -- I admit that there is -- an error was made when the culvert was built, at that time, you know, there was -- we were anticipating the permit. The permit was ready to go, so there was some interruption of land as far as the driveway and that's where we are, you know. I cannot now -- my intent is to pursue this right now, to talk to the engineer and he will, you know, I have to submit the letter of rejection, so we are now a year and a half down the road with a simple building and not a demanding building of 1,600 square feet on five acres, which is an interruption of less than a quarter acre of land. We are nowhere near yet to build, but I intend to pursue it to solve the problems, to balance the contradiction between Army Corps of Engineers and the HRS and then somehow find a way to solve it, so from a simple beginning you see where we are. So I ask the board, I'm very determined to build this house -- CHAIRPERSON LOUVIERE: I can see that. Page 9 August 28, 1997 MR. ZDRAVKOVIC: -- but I'm a little bit -- I'm hitting too many roadblocks, very frustrating. So I appeal to the board, admit the honest mistake and try to be, you know, somewhat tolerant. CHAIRPERSON LOUVIERE: I have one question for you. /~q. ZDRAVKOVIC: Yes. CHAIRPERSON LOUVIERE: I have a question for you, why did you go out there and start doing the work? MR. ZDRAVKOVIC: Okay. The culvert permit had also a time of expiration. CHAIRPERSON LOUVIERE: Okay. MR. ZDRAVKOVIC: And, so there was -- you know, there was a timing that you have to follow. CHAIRPERSON LOUVIERE: Okay. MR. ZDRA%FKOVIC: And you know, it's -- CHAIRPERSON LOUVIERE: Before we go any further, I will tell you this, I know the frustration you're feeling. I can, because I have dealt with HRS in the past for septic tanks and it -- it is a nightmare. They're not part of Collier County Developmental Services. They run or: their own, and they do not -- and it makes it very frustrating, because just like you say, there's one governmental entity kind of going at this time line and then there's the state over here and they don't work together. They really don't care to work together. They're kind of like, well -- totally non-cooperative. MR. ZDRAVKOVIC: They don't want to even talk to each other. CHAIRPERSON LOUVIERE: I have had that problem before. MR. ZDRAVKOVIC: In addition, what surprised me, if -- I realize that septic tank permit is very crucial because the water -- CHAIRPERSON LOUVIERE: Very much so. -MR. ZDRAV-KOVIC: Why isn't that then before any review takes place, that that is done? Because it's very simple. It's not -- that's a government element in approval of the drawings. It's not the building or anything like that, anyway, that's beside the issue. That has to do with -- CHAIRPERSON LOUVIERE: I understand. MR. ZDRAVKOVIC: I thank you. CHAIRPERSON LOUVIERE: Thank you, sir. MR. ALLEN: Excuse me. I have one question. Who are you using for an engineer now to help you get the septic tank done? MR. ZDRAVKOVIC: I used -- first engineer that I used -- right now is Mr. Shavinski, but the first engineer that I used is right in the area, it escapes me. I can't remember the name. I mean, he was the first one that put, you know -- MR. ALLEN: Was it Mike Moore? MR. ZDRAVKOVIC: No, it's a young fellow. It just escapes me. MR. ALLEN: Okay. That's fine. CHAIRPERSON LOUVIERE: Let's go ahead and name some of our opposition -- what is it? Our competition, they're the ones that did it, right? MR. ZDRAVKOVIC: I don't want to blame the engineer. The engineer had done the things -- who can perceive two agencies in contradiction and I think that's -- that's part of the problem. Page 10 . . .-. August 28, 1997 CHAIRPERSON LOUVIERE: 'Normally, an i~sue like that, an renvironmental engineering firm is the best thing because they have a $~n~ir0'nmentalist on staff;and'they can deal with HRS just, you know, '.~n 'the future, and I know hindsight is always .20/20, but usually they ha~e the expertise, they have the people on staff that can help you deal with HRS. ' . She's having trouble.writing down what you're saying, so -- ~..'-.~'~MR. ZDRAVKOVIC:' I:don't know if this is relevant, the frugality ofj.this.building.should be,.~:you.know,.0bserved,"it's a very simple -- ~].I.mean,~.it~s a.round.~nimpoSing ~thing,?you kn0w.' ~ It's -- I'd like the .~ - ~i'board.,jUst :to.;look'a~:that~to-see that'in the'stUdies of this, there was some concern about the land and, you know ..... ...... ~ CHAIRPERSON LOUVIERE: Okay. Bill, hold on for just one second. Does the board want to look at it? " MS. DEIFIK: Sure. CHAIRPERSON LOUVIERE: We'll have to bring that in as an exhibit, right? MR. YOVANOVICH: Do you want this as evidence? CHAIRPERSON LOUVIERE: .This will be part of evidence. If we look it at, it w.~ll part of the evidence. Okay. I make a motion we vote into evidence this plan as Exhibit B. MR. ALLEN: Second. CHAIRPERSON LOUVIERE: Ail in favor signify by saying aye. MR. ALLEN: For discussion purposes, what do you think you need as far as a time frame? CHAIRPERSON LOUVIERE: Can you step up to the microphone, sir? MIR. ALLEN: From what telling getting a you're us, you're building permit and getting this thing built one way or the other. Do you have a time line that you anticipate you need, if we can find a way to give you an extension? ~R. ZDRAVKOVIC: Yes, basically the building has been reviewed. I then assume as soon as I submit it, it will be just reapproved. The only difficulty now that I have is solving the problem with the septic tank. I would say that I would like to solve it within a month. If I can have six months, I think that will be a logical span to solve ~hat issue. If I solve it sooner, I will go for the permit right away. CHAIRPERSON LOUVIERE: Okay. Thank you. Any co.nunents or questions from the board? MR. b~ELLER: Mireya, actually, I'm getting quite confused. Bill, can you come up to the podium again? I understand that there are several government agencies that have to approve your project. MR. ZDRAVKOVIC: Yes, sir. MR. MUELLER: Is that correct? MR. ZDRAVKOVIC: That is correct. MR. MUELLER: Which ones are there? MR. ZDRAVKOVIC: Okay. Army Corps of Engineers and HRS. CHAIRPERSON LOUVIERE: And Collier County. M/R. MUELLER: And Collier County is three. MR. ZDRAVKOVIC: Yes, sir. FZR. MUELLER: Now, do you have approval from the Army Corps of Engineers? August 28, 1997 MR. ZDRAVKOVIC: I have the approval for 4,000 square feet of fill, but it,s not acceptable.to HRS. So I have to kind of find a way ~ ~to have them agree,~ either for the Army Corps of Engineers to allow me to fill more 'or HRS to accept 4,000 square feet. MR. MUELLER: HRS wants you to fill more? · MR. ZDRAVKOVIC: ~Yes, becauSe based on their analysis they feel the septic tank can be put without jeopardizing the, you know, being pollutant, has to put, you know, .more fill and the Army Corps of Engineers.doesn't want to fill-~it.because we're interrupting wetland. · MR MUELLER: So you're saying that you have approval from the · . , ,...~ -~.. ~ } ~ Army Corps'.'of.Engineers .'~'? - MR. ZDRAVKOVIC:" Yes. .. MR. MUELLER: And technically you may, or from a practical point of view you may not. ~R. ZDRAVKOVIC: Okay. From a practical point, I have to solve with HRS and I don't know whether the next step is to go to a variance. I really don't know, because I can't force HRS to accept something !ess, while the Army Corps of Engineer is saying we don't want you to fill and HRS says we .want you to fill. Maybe there is a variance solution. I really -- my engineer has advised me to have them provide me with a letter of rejection, which he would then make the decision -- he wants to see the points of rejection, can we solve them. If we can solve them, naturally, I don't want to go through a variance. If we cannot solve them, there's no other choice, then it's gonna be a variance. If I have to go appeal to the board of variance, I don't see any other -- unless the Army Corps of Engineers can be overruled by HRS or vice versa. -MR. MUELLER: What is the stance of Collier County government? They don't want to look at it until you approval from other organizations? MR. ZDRAVKOVIC: I really don't know, sir, you ask me something -- but most likely, that's the case. CHAIRPERSON LOUVIERE: Collier County will not issue a building permit until -- in other words they told them, yes, you've got a building permit, but not until you get the -- MR. ZDRAVKOVIC: Pending. CHAIRPERSON LOUVIERE: -- pending septic tank approval. MR. ZDRAVKOVIC: Exactly. CHAIRPERSON LOUVIERE: You are dealing with an engineer right now? MR. ZDRAVKOVIC: Yes. CHAIRPERSON LOUVIERE: Okay. Hopefully -- you are doing the right thing. MR. ZDRAVKOVIC: No, I'm gonna, you know -- CHAIRPERSON LOUVIERE: What you need, and I cannot give you advise, so please do not constitute it as such. MR. ZDRAVKOVIC: Okay. CHAIRPERSON LOUVIERE: An environmental engineering firm could assist you in this matter and what you need to do is exactly what you're doing, which is getting a letter of rejection and then give Page 12 16G 2. August 28, 1997 your Army Corps of Engineers' permit to your engineer for him to go meet with HRS staff and resolve this issue. That's the only way to go about it. A variance would be timely and very costly. MR. ZDRAVKOVIC: No, I agree with that. CHAIRPERSON LOUVIERE: And there are other ways of going about it. I am -- although I do appreciate your time lines, I am concerned with the fact that you went .ahead and started to fill out there without having the proper permits in place, and you're an architect and you do have,some idea of what it takes. MR. ZDRAVKOVIC: It happened during my absence. I wasn't here and the people who were'doing the culvert, they were moving, but it is a mistake and it's an honest mistake. .I'm not going to deny -- C}~IRPERSON LOUVIERE: I do understand this. I deal with the agencies all the time, and so we understand your -- you know, you got one going and, gee, that time line is going to expire. MR. ZDRAVKOVIC: Right, I had to do the culvert. CHAIRPERSON LOUVIERE: Right, but you have to get all the permits and you know that. MR. ZDgAVKOVIC: Yes.' CHAIRPERSON LOUVIERE: Okay. Kim? MS. POLEN: Yes. CHAIRPERSON LOUVIERE: I'm sorry, go ahead, Jim. MR. ALLEN: Do we have a staff recommendation? MS. SULLIVAN: Kim has something she'd like to add. CHAIRPERSON LOUVIERE: Go ahead, Ms. Polen. MS. POLEN: Okay. I have not asked you, Bill, but you mentioned that you had an idea the site had so much wetland on it. Did you get that confirmation from the Corps of Engineers in a jurisdictional wetland determination? MR. ZDRAVKOVIC: Kimberly, with great difficulty I tried to find out from somewhere how much wetland do we have. Where can I put -- I was gonna go take the septic tank -- I was told at some point that in the rear of the property site -- the rear property side is not in the wetland. I was going to take the septic tank and position it there, pipe the -- you know, slope it or pump it to the house, trying to figure it out. At the end I found out the entire site is wetland. MS. POLEN: Correct, there is some info~aation -- MR. ZDRAVKOVIC: I'm told that. I don't know that. MS. POLEN: There's some good information you're offering right now. You placed your house or you have a plan to put your house in the middle of these trees -- may I just speak for just a moment, please? MR. ZDRAVKOVIC: Yes. MS. POLEN: These trees are cypress, maple, pop ash, it's a really wet area, okay, there's different degrees of how much water -- the ground is saturated in different type of wetland communities and in the rear of the site there may be a little bit higher ground. Well, when you got your 4,000 square feet that may have worked if you were cZoser to that higher ground, but obviously you're right in the middle of an area that has surface water today, 18 inches of surface water. So what should be done is a wetland determination should be Page 13 ,%' 16G August 28, 1997 made by the 'agencies and the only way they're gonna make that is if O. you hire engineers or environmentalists that are gonna go out and .MS. POLEN: Say it's 80 percent instead of 100 percent. MR. ZDRAVKOVIC: I did:..~Marco -- I'm terrible with names, I had hired him and he was to dete'r~ine, i' h~ve the study he has made. . MR. ZDRAVKOViC: .i~es,~ it~w~s done'prior.t° doin~ the culvert. ...... .] .... MS..POLEN: And~what,Would.be'~suggested after you get the 'jurisdictional wetland~dete~mi~a~i°n is~that·y°u apply for additional .fili opportunities soyou"c~%''alter'and fill'a"little more area, because it appears from the plans that you had and the knowledge that I know about wetlands, 'is that you don't have enough area to put a septic tank on that property and a drain field, so you need more area then 4,000 square feet and the State of Florida and the federal government cannot deny you use of your property. If they are going to then they %'culd have to pUrchase the property from you at some point, I believe I'm correct to saY that./"Maybe I should be asking for legal counsel on this a little bit, but -- CHAIRPERSON LOUVIERE: But, Klm, what are your suggestions, do you have any recommendation at this point? MS. SULLIVAN: Madam Chairman, staff would recommend that it appears that this man is trying to comply and that he has made an honest mistake and he would like to comply. The only thing that staff would ask, we've been unable to contact him because we don't.have a O good address. CHAIRPERSON LOUVIERE: Okay. -- MS. SULLIVAN: And if the board is, you know, going to give him an extension or however much time, I would like some type of monitoring device where he would advise us as to the status of what's going on. CHAIRPERSON LOUVIERE: The first thing I want to do is, we're gonna ask Bill Z -- is that right? MR. ZDRAVKOVIC: That's fine. CHAIRPERSON LOUVIERE: Is that cool? ~R. ZDRAVKOVIC: That's fine. CHAIRPERSON LOUVIERE: We need a physical address from you. MR. ZDRAVKOVIC: I have moved to Naples, ladies and gentlemen, just recently. CHAIRPERSON LOUVIERE: Welcome to Naples. MR. ZDRAVKOVIC: Thank you. I enjoy it already. I will gives you the address. CHAIRPERSON LOUVIERE: Okay. MR. ZDRA%rKOVIC: If I can remember, now don't mind me. It's 1061 29th Southwest, and I don't know the ZIP. CHAIRPERSON LOUVIERE: Okay. That's fine, it's changing so we'll look it up. Mt~. ZDRAVKOVIC: And I will say, prior to this I was in Miami, it was very difficult to monitor or communicate, probably had I been here it would have been maybe more effective. Now that I'm here, I'm going - .... 'Page 14 August 28, 19~7 to be more or try to be more effective. CHAIRPERSON LOUVIERE: That's fine. MR. ZDRAVKOVIC: You can reach me there. I'll give you the phone number, if you wish. CHAIRPERSON LOUVIERE: Yes, 'and you don't have to give your phone number on public record. That way you'don't get any phone calls or anything because this is televised. MR. ZDRAVKOVIC: I see.. Okay. MS. POLEN: Did you mention that to be an avenue or a street? Do you recall what'that~.29th Southwestlis?i MR. ZDRAVKOVIC: Southwest -- is it.avenue or street? It's right off of White Boulevard.' CHAIRPERSON LOUVIERE:''White Boulevard. MR. ZDRAVKOVIC: It would be Avenue, I presume. MS. SULLIVAN: You can call Kim and let her know. CHAIRPERSON LOUVIERE: You can call Kim with that information, but after this meeting be sure to give her your phone number. M/t. ZDRAVKOVIC: I will do so. CHAIRPERSON LOUVIERE: Okay. If Staff has no opposition, then I -- we could give this gentleman time to go ahead and resolve this issue that he has, and then staff will continue to monitor the site to make sure that no additional fill activity, area activities, I mean, all activities are to cease immediately. MR. ZDRAVKOVIC: Yes. CHAIRPERSON LOUVIERE: If we find that you have gone out there and you have continued filling or clearing, then we will fine you. Is that permissible? What does staff think about that? MR. YOVANOVICH: Madam Chairman, we need to bring a motion. We nee~ to go through the procedure. CHAIRPERSON LOUVIERE: I understand. I'm asking staff prior to making a motion if they have an issue with that. MS. SULLIVAN: I think that would be acceptable with staff because at this time until we determine what actually is going to be on the property it's hard for us to discuss mitigation or anything like that. CHAIRPERSON LOUVIERE: Okay. Do I have a motion from any board member? MR. ALLEN: I make a motion that we give Bill Z -- I don't think we can give you six months, I think we can help you out with a four month period in order to get compliance with HRS and listen to what ~4s. Louviere suggested, an environmentalist specialist, environmentalist, I think you can get someone local to help and Mr. Gilman can make several suggestions and those are people that are compatible with his personality, that's a friendly suggestion, and after the point of four months, if you haven't come into compliance, I think we need have some sort of fine initiated, say $50 a day. MS. POLEN: Jim Allen, would that be obtaining a Collier County permit? MR. ALLEN: Yes, I'm sorry. Let me clarify that. He needs a valid Collier County building permit, fees, impact fees paid, so we have a valid permit within four months. Augu s t · MS. POLEN: And my suggestion.from ~a'i'staff.standpoint would be O after he obtains that, then we can'decide'what kind of mitigation ~ opportunities may be"Worked~i~to'the agree_men . MR. ALLEN: .~ I'll amend.my motion"t°'~add~on what Ms. Polen just · - : .~ ........ · u~ ~,~ i~,~ ~ ~i~' .' ' · ~ -Said. ~ MR. YOVANOVICH~ ~And before ~there'~s'~'~e'cond,''if I can have you '~' add to your motion that he Ss.i~',violag~Rn~,qf~Secti°n 3.9.3 of the ~'~--Collier County ' Land Deve~0p~59.ii~9~?~?~e.~.~z~.admzssz°n that he is ,- · 'MR. '.d'l'ike.YgU. to, 'n ~,.~.". ....... MR. YOVANOVICH: ?~That~s %what ~I~'would rllke a~e~, ~.: .~ miolation of Section'3 9.3 6f?th6!C~lii~ o ty Land Development Code based upon -- MR. ALLEN: Mr. Zd~avkovic has'admitted to those violations. MR. YOVANOVICH: Right. MR. ALI,EN: You have admitted openly MR. ZDRAVKOVIC: Yes. MR. YOVANOVICH: So I want 'to'~ak6~'s~re'~i have it right, so it's four months to obtain a Collier County~ipermit~.if he doesn't, it's $50 per day for the suggested fine. ~Kim had mentioned something about needing at that point to do the mitigation plan or would that include having the mitigation plan done within"that four month period as well. I'm trying to figure out when we 'will know whether he is or is not in compliance. ... ,,.. ' MR. ALLEN: Let's Say that, for instance, if he gets held up at HRS and he can't build the house, the mitigation is going to be O different from the -- wouldn't you say that's valid? MS. POLEN: I think that's what we should do is give him four mont~s to submit an approved building permit plan and mitigation in cooperation of his building permit, so then we'll know that he has alternative mitigation plans either on-site or off-site. We'll work that all into that four month agreement. MS. SULLIVAN: I would like it if the gentleman was going to keep in contact with us, and we'll give him any advice we need. I would like to go ahead and schedule him to reappear in four months for a ~ status report and, you know, we can discuss what the status of the property is and we'll know what to do about any mitigation. MR. ALLEN: Would you suggest that we hold off on our fine from that point also? MS. SULLIVAN: Yes, I would. MR. YOVANOVICH: You cannot do that· At this point, you have got to establish -- we talked about this last meeting. You weren't here, Mr. Allen, you must establish at this point what the penalty could be if he does not get into compliance, he must know now what he faces in the future if he does not comply with your order. CHAIRPERSON LOUVIERE: I think he mentioned $50. MR. ¥OVANOVICH: Right. Okay. So, is that still part of your motion? MR. ALLEN: If it must be. MR. YOVANOVICH: Okay. CHAIRPERSON LOUVIERE: It must be. ~'"' ~=~'.~'- .~ ~<' "'t'-' Page 16 August 28, 1997 MIR. YOVANOVICH: It must. MS. SULLIVAN: Counsel,~can we clarify something here? I believe that the violation is based 0n'the~failure t°'get~a vegetati°n removal, now we're talking about different kinds of permits. I'd just like to make it clear. MIR. YOVANOVICH: I und~rstajd~'[n' Order for him to get into compliance with what you have charged him with, is for him to follow through and get a valid building permit. 'Had he done that, he would have been in compliance with Section 3~9~3-'~S° that is what you are asking him to do in order for~him't0 get in'compliance with the violation of Section 3'9.3;'~is that~'c°rrect?~'~<''~'~ ' MS. SULLIVAN: ..That,s ~correcti~'~.~e''~-*~''~'' ...... CHAIRPERSON LOUVIERE: Okay. So we have a motion, do we have a second? MIR. McCORMICK: I'll second. CHAIRPERSON LOUVIERE: We have a motion and a second. All in favor signify by saying aye. MR. MUELLER: Nay. , CHAIRPERSON LOUVIERE: . It passes unanimously. And one nay, I m sorry. Mr. Mueller voted nay on that. Thank you, Mr. Zdravkovic. MIR. ZDKAVKOVIC: Thank you very much. CHAIRPERSON LOUVIERE: Do we want to take a break? Do we want to listen to one more~case? MS. DEIFIK: Let's take a break. (A short break was had.) CHAIRPERSON LOUVIERE: Are we ready to proceed? Even though the O microphones aren't working, we're going to try to talk a little louder so that the court reporter can understand what we're saying. We're form~l'ly in session. MR. YOVANOVICH: If I can just clarify some procedures real ~ickly before we go onto the next case. I'd like that opportunity. When I was talking to you about the fact that you have to choose a level of the fine at this point,"that does not mean you have imposed any fines. As the board may or may not know, the fine is not actually levied until staff comes back to you and says they did not get into violation. CHAIRPERSON LOUVIERE: Into compliance. MIR. YOVANOVICH: I'm sorry, did not get into compliance by the date we established, we would like you to impose a fine, up to that dollar threshold. In other words, $50 a day would be the max. You could go lower, if the person comes to you and says I tried my best, you can say, well, we don't want to impose $50 a day, we decided on $10 a day or no dollars a day, depending on how that goes. So the fine is not actually levied until after the date to get into compliance and until staff comes back to you and says the compliance did not occur. So I just wanted to clarify that. All we're doing at this point is letting the respondent know the downside or the upside of the fine; however you want to phrase it. CI{AIRPERSON LOUVIERE: Right. MR. YOVAi~OVICH: .We have not fined anybody at this point or the board has not fined anybody at .this point. ~ ~.- .~ ~. .,-~. · .... ~ - .Page 17 16G 2 August 28, 1997 CHAIRPERSON LOUVIERE: We can say some really, large amount and Oreally scare him into compliance. MR. YOVANOVICH: You know you have to -- you know, the ordinance talks about what you must consider -- CHAIKPERSON LOUVIEKE: We have a maximttm. MR. YOVANOVICH: -- including the severity of the violation. Your maximum is $250. CHAIRPERSON LOUVIERE: We have a maximum. MR. YOVANOVICH: But you are in a sense establishing the maximum per day fine today for non-compliance in the future, and I don't know if that was confusing or not, but I just wanted to make sure I clarified that. CHAIRPERSON LOUVIERE: Thank you. Thank you very much. Is staff prepared to proceed with the next case? Are you prepared to present the next case; CEB 97-024, BBC versus Gregory Hagen? MS. PASSMORE: I would like to note, Madam Chairman, that on this case it is 97-024(a). CHAIRPEPSON LOUVIERE: Thank you. MS. PASJMORE: Because we also do have another 24. CHAIRPERSON LOUVIERE: I see that. MS. PASSMORE: It was a mistake in our office and we did add an A to separate the two cases. CHAIRPERSON LOUVIERE: I didn't see that one was 24(a). You know what it is? I'm getting old. I cannot see that little -- MS. PASSMORE: Madam Chairman, originally the initial O investigator on this case, Mike Kirby, who is no longer with our office, sent out the original notice of violation. -CHAIRPERSON LOUVIERE: Okay. MS. PASSMORE: In our research of preparing for today's case, Ms. Polen had gone through some final details to present to the board. We had discovered that there was an error on the notice of violation and that there are two parcels actually involved in this case, but there was only one that was noted on the original violation. So we would be having to send another notice of violation correcting the first one that will note both parcels of the land. CHAIRPERSON LOUVIERE: So are we listening to this case today MS. PASSMORE: No, ma'am. MS. SULLIVAN: No, we would like to include the other parcel. Kim discovered this when she was looking at the irrigation system, and she discovered that although this is an appropriate parcel, there's actually more structure on the other parcel than there is on this one. CHAIRPERSON LOUVIEKE: Okay. How long will it take? Are we going to hear this case at the next board meeting, you think? MS. SULLIVAN: Yes. MS. PASSMORE: Yes. CHAIRPERSON LOUVIERE: So just make a motion to continue this case to our next board meeting, which will be in September. I don't have the date in front of me. MS. SULLIVAN: September 25th. Page 18. August 28, 1997 MS. PASSMORE: No, that has been changed. Apparently, the board room is not going to be available on the 25th. CHAIRPERSON LOUVIERE: Okay. MS. PASSMORE: It 'will be rescheduled for the 20th, instead of the 25th. CHAIRPERSON LOUVIERE: September 20, 1997. MS. PASSMORE: Oh, September 30th, I apologize. MR. ALLEN: The 30th? ......... . . CHAIRPERSON LOUVIERE: Yes, Ms D~ifik. ~ MR. ANDREWS: What day is that? .What day does that come on? MR. MUELLER: Tuesday. .... . MR. ANDREWS: Okay. MS. DEIFIK: I want to be clear on which is the A case. Is Hagen, 024(a)? MS. PASSMORE: Yes. MS. DEIFIK: Ail right. Then what is Terry Sitarik? MS. PASSMORE: That would be the next case. MS. DEIFIK: Is this B? Because it's also 024. MS. PASSMORE: Yes, ma'am. Maria was on vacation at the time when I came in to learn the position as backup for her and I was unaware that one of the supervisors was already preparing -- MS. DEIFIK: I just want to know what number the Sitarik case is. MS. PASSMORE: That is just straight 24. MS. DEIFIK: Okay. MS. PASSMORE: We added the A to Mr. Hagen's case. MS. DEIFIK: I just wanted to have the right residence. MR. YOVA~]OVICH: Madam Chairman, as far as the continuance you were discussing. - CHAIRPERSON LOUVIERE: Yes. MR. YOVANOVICH: I'm not sure that next month is doable from this board's perspective, to comply with what the statute and ordinance both require. As you know they must -- CHAIRPERSON LOUVIERE: Allow him notice. MR. YOVANOVICH: He has not been noticed of the violation with reasonable time to cure and your notice provision to kick in for your next hearing. I don't know if that all can occur within a month's time and assure that someone has receive the due process they're entitled to under the statute. So I would suggest two months would be a better time. CHAIRPERSON LOUVIERE: Staff? MS. SULLIVAN: All right. That would certainly give us ample time. CHAIRPERSON LOUVIERE: I make a motion we continue case CEB -- BBC versus Gregory T. Hagen, CEB Number 97-024(a) for two months in order to have staff have adequate time to prepare a new case addressing the additional parcel and also to have the time to be able to serve this person and give him adequate time to respond. Do I have a second? MR. MUELLER: Second. CHAIRPERSON LOUVIERE: We have a motion and a second. All in favor signify by saying aye. . ~ . .' ' Page 19 August 28, 1997 It passes unanimously. '' Now, we are then down to case 4(B), BCC versus Terry Sitarik, CEB Number 97-024. MS. PASSMORE: Madam Chairman, in this case, Mr. Sitarik has submitted a defense packet and it should be included in everyone's paperwork and we also are having a public speaker, Judy Miller. MS. SULLIVAN: No, I'd like to make a correction. She is a neighbor of this property and she's here to answer any questions that you might have. CHAIRPERSON LOUVIERE: :' I ~ee she's the ~eighbor. Do we have -- do we have a Terry Sitarik here? -' MS. SULLIVAN: Yes, ma'am. MS. PASSMORE: Yes, the respondent's here. CHAIRPERSON LOUVIERiE: Okay. That's who we need. MS. PASSMORE: Case number 97-024, the code enforcement case number is 70423-1. The respondent's name is Terry Sitarik. The location of the violations is 741 103rd Avenue North, Naples, Florida. A subdivision, being Naples Park, Unit 1, Block 9, Lot 15. The violation is a wooden fence that was constructed at the above address. The fence violates several sections of the Land Development Code. The fence in question exceeds the height limitations for the zoning for that area. The portion between the front of the house and the adjoining street is in excess of the four foot maximum height requirement. The section does fail -- the section in the front fails to present the good side to the abutting right of way. CHAIRPERSON LOUVIERE: What do you mean, the good side? MS. PASSHORE: When a fence is constructed there is a finished side and an unfinished side. Unfinished side being the side that contains the supports. The finish side being the very smooth side. The smooth side is supposed to be facing the abutting properties. CHAIRPERSON LOUVIERE: Okay. Thank you. Thank you for that clarification. MS. PASSMORE: Investigator Dennis Mazzone was the initial investigator of the case and I will turn this over to Dennis Mazzone. (Mr. Mazzone was sworn.) MR. MAZZONE: Good morning. For the record, my name is Dennis Mazzone. I'm an investigator for Collier County's Code Enforcement. My initial investigation of this case took place on April 24th. At that time, I went to the 741 103rd Avenue North residence of Mr. Sitarik and witnessed several sections of fence in violation of our height limitations. The section -- and also one section on the west side of Mr. Sitarik's property that was in violation of the finished side facing improperly towards the neighbor. Mr. Sitarik wasn't at the property at my initial investigation. So I had prepared a notice of violation on that same day, mailed it out, giving until July 15th to correct the situation. Shortly after, I did contact Mr. Sitarik. He came into the office and cooperated with us as far as the east side of his property and the rear of his property. He lowered his fence to the six foot height requirement and eventually on the west side of his property he had taken the uprights that were supporting the fence and moved them so they were properly on · Page 20 16G 2' August 28, 1997 the rear portion of the fence and no longer.facing the neighbor's property. So, those areas have all been corrected. The balance of the problem remains in the'portion'of the fence that goes beyond the front line of the house, which cannot exceed four feet by our codes and we find that the ground elevations where this fence is located slope and a portion of the fence is very close to the four feet. I think it's one inch out. Whereas you go down towards the eastern part of the fence,'it.becomes more of a violation because it's out approximately eight something.inches and we believe -- I visited this as recently as yesterday "'it has 'not been corrected to CHAIRPERSON LOUVIERE: How much does the fence exceed? MR. MAZZONE: At the very highest point of violation it would be approximate eight inches, but the property -- the ground -- the natural ground under where this fence is located has been altered somewhat with some crushed stone and grass and such, through the years. It's a very old piece of property, and to be quite fair to the property ox~er and everybody else involved because the water will have to flow in a certain direction, I think that we should have perhaps some of our engineers go out there and take a look at the situation, to see just how this fence could be.properly positioned so that it's -- we get an overall elevation that would be the correct elevation for the fence, versus the ground sloping. CHAIRPERSON LOUVIERE: Okay. MS. SULLIVAN: Madam Chairman? CHAIRPERSON LOUVIERE: Yes. Ms. SULLIVAN: Like I say, Mr. Sitarik is here and there's some additional factors here. He has gotten permission from the county to do some corrections for drainage problems and I think you'll get a better understanding of what's going on. Mrs. Miller here is the complainant. Like I say, if, you know, if you need to speak with her, too. CHAIRPERSON LOUVIERE: First, before we proceed, I just want to make sure -- that I received a packet, a defense package in my office, from Terry Sitarik and all the board members have one because I gave it to Maria Cruz with Code Compliance and it was distributed. I just want to make sure. Staff, before we go ahead and dismiss Mr. -- Dennis, does anybody in the board, any board members have any questions of Mr. Mazzone? No? MS. SULLIVAN: I have some better pictures here if the board would like to look at them and I would request that the packet be entered into evidence, please. CHAIRPERSON LOUVIERE: I make a motion we include our packet, CEB 97-024 and mark the photographs that Linda is about to pass to the board members as Composite Exhibit A. Do I have a second? MR. McCORMICK: Second CHAIRPERSON LOUVIERE: by saying aye. It passes unanimously. For the record, Terry review these photographs. Motion and a second. Ail in favor signify -- Mr. Sitarik has no opposition for Us to Page · .: ',,,--' ~,~..,.,:,~::?;,:L.~.~.~:.~,,-'~?:.~:/~% :4 August 28, 1997 ' MR. SITARIK: No, ma'am. I don't. CHAIRPERSON LOUVIERE:' Thank you very much "~ '~ MS. PASSMORE: Can we Please have the respondent sworn in? CHAIRPERSON LOUVIERE: Yes. (Mr. Sitarik was sworn.) · ......... CHAIRPERSON LOUVIERE:' GOod mOrning· MR. SITARIK: Oh, am I supposed to talk? ' CHAIRPERSON LOUVIERE: Yes, why don't you tell us your, you know, your -- why you feel -- you said you had some additional information you wanted to share with the board. ~ " "' MR.'SITARIK: 'Oh,' yes, ma'am In pursuing -- checking the fence, I've got from Mr. Burtchin, you had a study done on the drainage of Naples Park -- CHAIRPERSON LOUVIERE: Yes. MR. SITARIK: -- you know, the area out there. CHAIRPERSON LOUVIERE: Yes. Mr. SITARIK: And the way it kind of works is where 741 is, 741 to the west, down a couple houses, the water drains to the west. Now, say from, I don't know how the addresses run, but from say 700 or 737, the street beyond that, the water starts draining to the east and we have -- new pipes got put out there to, you know, get the big waters. Now, what's going on is where my property is it's like the in between property, so I've been for a year or so now, trying to get it so we can build up the level to keep that water because it runs through my house about knee deep. It's like a trout stream, and then Oit goes into my neighbor's yard to the east, Mr. Case. So what I wanted to do was, I put the fence up level, I figured that 737, where the four foot part of the fence is, is grade, so we m~de-that four foot. I mean, if you look in them pictures there, we just kind of eased that fence across level, if you look at the windows. You want to make it look half decent and down at the lower end there, like it says in the package there, it's four foot seven inches, but what needs to be done is I need to fill that up, you know, the county easement so the water doesn't run all down into me and it stays in Mr. Case's yard because Mr. Case is under water. I brought an engineer up there last year to ask and he says, "Son, there's no way that the water runs to the east." He says it all runs to the west, and which maybe at that point, they thought it to be true, but I don't know if you-all got -- can I present this? CHAIRPERSON LOUVIERE: Certainly. MR. SITAR!K: It's just something I got from Mr. Burtchin. CHAIRPERSON LOUVIERE: This can be marked Exhibit B? MR. YOVANOVICH: Respondent's Exhibit B. CHAIRPERSON LOUVIERE: Respondent's Exhibit B. MR. YOVANOVICH: And to help the respondent along, I think we should introduce his packet as Respondent's Exhibit A. CHAIRPERSON LOUVIERE: Yes. Thank you. We will include the respondent's package and mark that as Exhibit B in addition to this document, this graphic that he is the showing board members. You need vote on that? MR. YOVANOVICH: Yes, please. .Page 22 August 28, 1997 '' MR. ANDREWS: I make a motion. MS. DEIFIK: I second. · ' 'CHAIRPERSON LOUVIERE: ' we have a motion and a second. We all second it. Ail in favor signify bY saying aye. It passes unanimously. Go ahead, sir. MR. SITARIK: I just wanted to show you here how this study had worked. Here's 103rd. This is our street, and this dotted line indicates where the water changes course. CHAIRPERSON LOUVIERE: Uh-huh..- MR. SITARIK: Ail right. Now, from this point it runs to the .. west. 'From this point it runs to the east and that's signified by 41, you can see it up here. Now where we are, I'm like right at the break off point. So, the water runs to the east, and I'm the first drop off before it gets on up there on the other side of Mr. Case's property to get to his pipe, to go to the big pipe that was just put in on your new drainage system up there. Now, in relation to my fence, and what needed to be done, I built the fence so that it can be filled level across on the bottom, which would bring my fence to proper code, if you know what I'm saying. So I just built the fence like that, waiting until we can get somebody to let me fill it. Now, Mr. Burtchin, we talked with him, and he says in these troubled areas up in Naples Park, which we're the first drop off, we're a troubled area, Mr. Case and myself. It runs into my property, sits in Mr. Case's yard. CHAIRPERSON LOUVIERE: Right. MR. SITARIK: So what I'm going to do, and they allowed me to do it, Mr. Spencer, down at the engineering -- CHAIRPERSON LOUVIERE: Bill Spencer. MR. SITARIK: -- to build a swale there. He told me it would be at my own expense, but see they're not going to do anything on our area here until 1999. So for whatever it would take, I talked to Mr. Case yesterday morning at 6:30, he does landscaping, so, you know, we're gonna run down some material proper to make a swale there and Mr. Burtchin said if we need a machine he can help us out too, you know, because we are in a trouble area, but when I do this, you know, my fence would be the way it's supposed to be. CHAIRPERSON LOUVIERE: Okay. Why don't you step back to the microphone and we'll pass your exhibit around. So let's -- I know what you're discussing. We got into a drainage issue. So let's just step back a little bit. You placed this fence up, which you have a right to do, and you placed this fence up, let's just talk about the fence, for privacy purposes? MR. SITARIK: Yes, just for privacy. CHAIRPERSON LOUVIERE: Privacy purposes? MR. SITARIK: Yes, the fence was just put up for privacy. CHAIRPERSON LOUVIERE: And then the reason you're here, the way I understand it is there are two issues. You're not presenting the finished side of the fence to your property, to your neighbor? MR. SITARIK: Right. Well -- CHAIRPERSON LOUVIERE: And let me just finish, please, and then August 28, 1997 you have one small section of the fence or a section of fence, because I do not know how large that is, that is eight inches above what it should be. MR. SITARIK: Yes, exactly right. Now -- CHAIRPERSON LOUVIERE: Okay. You are telling me, you have told me how you're going to fix that. MR. SITARIK: Yes, ma'am. CHAIRPERSON LOUVIERE: You're intending to fix that. MR. SITARIK: Yes, ma'am. I got permission to fix it finally from Mr. Spencer from the county~and Mr. Burtchin from road and bridge. CHAIRPERSON LOUVIERE: Right. MR. SITARIK: Yeah, they -- and it was that study right there that you-all just got done. CHAIRPERSON LOUVIERE: Right, the North Naples Drainage Study. MR. SITARIK: Yeah, so he had good, you know, good facts to stand -- CHAIRPERSON LOUVIERE: How are you going to fix the fact that you're not presenting a finished side to your neighbor? MR. SITARiK: It's already done, ma'am. There was three -- what I did is when I was constructing the whole fence there, I was having just a little bit of construction problems -- CHAIRPERSON LOUVIERE: Okay. MR. SITARIK: -- and I put the poles on the outside of the fence just so I could build my fence, but we just, you know, pulled them out and brought them on the inside. So that's all -- CHAIRPERSON LOUVIERE: All right. So that's already been handled? MR. SITARIK: Yeah, that's -- MR. McCORMICK: That's done on all the sides? MR. SITARIK: Yeah, that was the only -- there were three poles on the outside, like I said, I ran into a little bit of a problem there. MR. McCORMICK: Can I just have Mr. Mazzone verify that because he said he was out there yesterday and that was one of the issues he brought up. Mr. Sitarik said that he does not have any poles facing on the outside of the fence now. MR. MAZZONE: He does not, no, he corrected that and he corrected the height limits to the rear and side. MR. McCORMICK: So, then, the only issue is the eight inches difference greater than the four foot? MR. MAZZONE: That's correct. CHAIRPERSON LOUVIERE: Okay. You know, I do want to say, I don't have any further questions for you, but I do want to say before you take off and sit down, I did read through this and, you know, you've called the sheriff's department, you guys have other things going on out there. ' MR. SITARIK: Yeah, but that wasn't, you know, we re not here facing that or addressing those. CHAIRPERSON LOUVIERE: No, you're not, and I get very, very upset when this board gets used in any disputes between neighbors because Page 24 August 28, 1997 this board, you know, we all volunteer our time, and we are here -- we Ohave a~big county and we have a big area that we are responsible -- that staff is responsible for'bringing .us cases to. So if you two are -' ..... a~gr~ at one another~'and~that's why you're"using this board, that's · upsetting and I do want tobring that out, because I was reading ~ through this. MR. SITARIK: Okay. · CHAIRPERSON LOUVIERE:'No~'does your neighbor have any comments? " Yes,' ma'am. '~Okay.~'~Why"d°~"tiY0u~'~c°me ~P to the microphone, please. MS. MILLER: ~. CHAIRPERSON LOUVIERE:i~?Please'identify yourself for the record. .MS. }4ILLER: I'm Judy'Miller,~.'737 103rd Avenue North, Naples, ~" Florida. CHAIRPERSON LOUVIERE: Please be sworn in. (Ms. Miller was sworn.) MS. MILLER: Hi, I'm here today to try to encourage the board to pursue the violations that are addressed today. There have been numerous violations other than the fence that are not being addressed today and I won't go into that and waste the board's time. However, I feel that in -- and, yes, there is a dispute going on. ' The -- ~ purchased my home in 1985 and I've constructed a white picket fence along the side of the house and it was all done to code and it was all done to correct process at the time. Mr. Sitarik bought the property next door and he began to do various renovations and have different things go on. The fence, I came home one day, and the fence was installed on my property and my water lines were broken and water was bubbling up out of my ground. I did become angry. I removed the fence post and proceeded to try to see what was going on so that I could stop my water from leaking. That's that issue. The fence issue today is, because there have been so many violations and I have reported several. I've been involved in the Naples Park Property Owners' Association and Neighborhood Watch and in doing those activities, Mr. Sitarik and his friends and some of the other tenants, have gotten caught up in our efforts to try to improve the looks of Naples Park and to improve the conditions there. i have a letter that I would like to present and I asked some of my neighbors to support my efforts and trying to rid our neighborhood of some of the things that are going on there and I would like to present that petition if I could, along with a copy to Mr. Sitarik. I'm just here to try to ask the board's assistance in improving the property and addressing the violation and if there is a fine to consider it. CHAIRPERSON LOUVIERE: You said you had a letter from the property owners' association? MS. MILLER: No, I have a letter that I have done and I have asked several of my neighbors to sign it and support me, several have. Several have given me verbal support, but have also said they are in fear of retaliation, because that has happened when there is a violation -- been reported, my home has been -- MR. McCORMICK: Does it have anything to do with this fence? ..... . .....Page 25 16G August 9.8, 1997 O MS. MILLER: Yes. ~.~ ........ -.~ · CHAIRPERSON LOUVIERE: The way I see it is I have one issue right now before this board and that,is'I-~have a fence that is encroaching that is in violation of the code by eight inches. That's my issue. MS. MILLER: I understand. CHAIRPERSON LO~;IERE: !The Property owner is sitting here telling me that, gee, he understands his fence is eight inches above. I'm sorry. _I am going to try to.-- I'm going to fix it. MR. SITARIK: Yes, ma'am, and I got~permission -- CHAIRPERSON LOUVIERE:-..That's my issue and that's what I hear. Am I listening right? ~ I mean do I have any other comments or questions from the board? MR. ALLEN: I've got a question, if you just take the remedy, Mr. Sitarik, that Mr. Mark Burtchin and Bill Spencer suggested about changing the swaling about the water,'does the violation go away? MR. SITARIK: Yes, sir, yes, it does because you see what's going to happen -- CHAIRPERSON LOUVIERE: .Is that your phone? MR. SI?7~IK: Can I shut it off? CHAIRPERSON LOUVIERE: Yes, you can. Go ahead. MR. SITARIK: Still addressing the board, yes, sir, and as I said, our property, the way the property is I've got there at 741, it sits low and the water slopes this way so what Mr. Spencer has recommended for me to do is just go on to the next step and go into my front yard there and, you know, slope it away from the house like it's supposed to, you know, building it up, because we are very low and O when it does that on that corner, it will bring our property grade up and continue to -- Like I say, when I do that, my property will be a little bit higher than my easterly neighbor, but it would stop all that water, you know, I'll be able to solve two problems. One, the fence will then be the way it's supposed to be and then number two, it will stop that water from running through and sitting in Mr. Case's yard. Now, Mr. Case, we're both talking and we're just gonna go and fill our properties in because everybody around us, it's all new property and we're the only ones sitting in the hole there, SO -- CHAIRPERSON LOUVIERE: You're older property. MR. SITARIK: Yeah,' we've been there -- it's like built in 1950 but it's low. CHAIRPERSON LOUVIERE: I understand. MR. SITA/~.IK: And, you know, that will just solve everything and it will bring that grade up. CHAIRPERSON LOUVIERE: How much time do you think you need to go ahead and get this eight inch issue resolved? MR. SITARIK: Now that I've got permission, you know, if it wasn't Labor Day weekend we'd do it this weekend, because I've been trying to run down some dirt and all for the inside and it shouldn't take but -- by the time you have your next meeting, I'll have it done, because as Mr. Mazzone will tell you, whatever they tell me to do, I do it immediately. The reason why we didn't do anything with the front is one of Page 2 6 16G 2. August 28, 1997 Osupervisors there working with me, 'he 'was looking 'at the fence and he says "Golly, that ain't too much to talk about, but you know right's -.right and wrong's wrong., . CHAIRPERSON LOUVIERE: '~ere do you work? ' MR. SITARIK: I own palm Mobility Equipment. I work on wheelchairs· That's what I 'do' ''vIf 'somebody's '~- I work in the nursing homes· CHAIRPERSON LOUVIERE: Where d° yo~ work', ma' am? MS. MILLER: I work for the Collier .County Department of Revenue on Horseshoe, ma'am-'?'~"l~' MR. ut "yes, k'll'&o rect'.'it and plus it win 'solve the, you know, it will solve all the problems, the fence issue, the seven inches, plus, us 'getting,' you know, Mr. Case and I getting flooded too, so good things do come. CHAIRPERSON LOUVIERE: Any board members have any comments or questions? , MR. McCORMICK: I'd make a motion if there aren t any other comments · CHAIRPERSON LOUVIERE: I'd love to hear a motion. MR. ANDREWS: Well, just a minute, I think I'd like to get this straight where this lady who's talking. · I think her problems have to do with the sheriff's letter, all the damages and stuff that's been done, which is out of our category completely. CHAIRPERSON LOUVIERE: Very much so. MR. ANDREWS: But we want you to know if we could do something we Owould, but that's out of our category. MS. MILLER: I understand that. I was only interested in presenting it to you so that if you were looking at repeat violations, which 'I realize -- I mean, this would certainly be under that category, in my opinion, that you could consider and I tried to be as concise as I could for the benefit of the other neighbors and the time element· I could probably do several columns and several pages on what is -- and have documentation that would back that up. CHAIRPERSON LOUVIERE: As a board, we can only rule on what we have before us. MS. MILLER: I understand. CHAIRPERSON LOUVIERE: And so at this time I have a property owner that appears to me he has taken care of all the other encroachments, except for 8 inches, which he has taken the time and effort to go and try to resolve this matter, and he's saying to me he will resolve this matter. He is presenting a finished fence face to your side of the fence. So, before me at this time, I'm talking about eight inches is what is being presented to this board as Mireya Louviere sees it. Although you may have other issues with this person and you may have, you know, you have called the sheriff's department, we have no jurisdiction over r. hat. MS. MILLER: Can I -- can the condition of the fence be address ed? CNAI~{PERSON LOUVIERE: That's -- Land Development Code does not -- I have not heard anything from our investigator discussing the Ocondition of this fence. -],. Page 27 16G .~- , ~.~..~ ,. -~ . ',. August 28, 1997 MS. SULLIVan: Denni~..~do you believe that there is a violation 'where the condition of the,~fence, is concerned?~'~... .... "'MR. MAzzoNE:''~I'~ss-y°u'can'hear me from here. CHAIRPERSON LOUVIERE:' Justlspeakilup~'DeD-nis' · . MAZZONE: The question lis ~latlon'as far as the condition th fence the' sical ndi °" the .fence? CHAIRPERSON LOUVIERE: ~~Yes. ~ ...... ~ ....... · '.i, M~. MAZZONE: -~ No~' ii~!~s.!bu%lt~°f acceptable bumldlng.materzals, . , nce of~h~si, chomce of design,':-they'built·~t themselves .it s a wooden fe ~- - ~-~ .... ,~h-the board's permission, Mrs. MS. SULLIVAN:. ~,..,., .... ~,--u=-c'-~T-~]J~'~"A'f,the fence for some time. .... Miller has'compla~neO aDouu'un~ uuuu~ -. I would liketo show you th~se Pictures, if .I may, because I feel like I have to address -- at least'address this issue. CHAIRPERSON LOUVIERE:" That's fine. MS. SULLIVAN: Thank you. CHAIRPERSON LOUVIERE: ' Do you want to show that to Mr. Sitarik, Terry Sitarik, to make. sure that..he's.not opposed to us looking at these photographs? ·~ ~' · MR. ~ZZONE: If I may'add for your information,' we have an inspection report on that fence by a Collier County building inspector with approval. It was made on January 30, 1997 and it passed the inspection of the building inspector. MR. ANDREWS: Wh'at wa~ that'~date? What was the date? MR. MAZZONE: This is in.your package -- on page 20, in your package, you'll see the inspection report where inspector Tim stick looked at the construction and the materials it was made out of and it passed that inspection. CHAIRPERSON LOUVIERE: Thank you. - MR. McCORMICK: I'll wait until everybody sees the picture. MR. YOVANOVICH: Are those coming in as evidence? CHAIRPERSON LOUVIERE: Yes, we need to make a motion that we accept that as Exhibit -- is that Exhibit B? MR. YOVANOVICH: I think we're on D. CHAIRPERSON LOUVIERE: Are we on D now? MR. YOVANOVICH: I think so. CHAIRPERSON LOUVIERE: It's D. Do I have a second? MR. MUELLER: Second. CHAIRPERSON LOUVIERE: Ail in favor signify by saying aye. It passes unanimously. MS. SULLIVAN: Counsel, we do have a packet entered, don't we? MR. YOVANOVICH: Yes. MS. SULLIVAN: We do have the packet, okay, thank you. CHAIRPERSON LOUVIERE: Yes, we did that. MR. YOVANOVICH: I have your packet. CHAIRPERSON LOUVIERE: His packet. MIR. YOVANOVICH: The respondent's packet, the graph -- CHAIRPERSON LOUVIERE: The graph. Mlq. YOVANOVICH: -- as C and -- CHAIRPERSON LOUVIERE: Now the photographs are D. MR. YOVANOVICH: Yes. CHAIRPERSON LOUVIERE!~. I believe we were prepared to make a 16G 2 August 28, 1997 O-motion, Mr. McCormick. ~{R. McCORMICK: Sure..-Just concentrating on the issues which have been brought before us by'the'code enforcement staff. In our exhibit package on page five, there is a description regarding height limits and the presenting of the good side out, and the Land Development Code is cited here that all fences and walls shall be of sound construction and shall not detract from the public health, safety and welfare of the general public. I don't find that to be an issue and I don't believe'we ~should~finda violation of that section. The next section says that the. fence and.wall should be maintained in a manner tha~~wllf nO~' detract'fr°m the neighborhood or community and I don't see a problem there, so I don't find a violation with that section either, and the last one says fence and walls shall be constructed to present the finished side of the fence or the wall to the adjoining lot or abutting right-of-way and we've heard today that those violations have been corrected. There is the issue that's come up about the eight inch difference, but I think Mr. Sitarik has a reason to change that to prevent future flooding and he's working with one of his neighbors to do that. If he's had the conversations with Mr. Spencer and Road and Bridge, then I think that issue's going to go away and that's really not part of our violations, the way I read this, that are proposed here. So I'll make a motion that we dismiss this case and we find him not in violation. CHAIRPERSON LOUVIERE: I second that motion. Yes, sir. Yes? Mr. SITARIK: I can still proceed to do the -- CHAIRPERSON LOUVIERE: You need to and you should. · -l~. FLEGAL: You should. MR. SITARIK: 'Cause I want to. CHAIRPERSON LOUVIERE: You need to -- you need to fix that. MS. DEIFIK: Richard, you really think this should be dismissed, rather than give a continuance or an extension of time to build the swale? MR. McCORMICK: I think he's done everything that he needed to get into compliance and he's working with staff and I think that we could postpone it, but it's just increasing, you know, the cases here and extending them. If there really isn't a violation here, then I see no reason to not wrap it up. MS. DEIFIK: But isn't there still the violation of eight inches once he digs the swale and replaces the fence? MR. McCORMICK: It's going to be corrected. I'm assuming, one, that that's basically been addressed because he has approval from the county to do that, and that's something he needs to do for his ow~ benefit and I'm not sure we need to watch over him to do that and I don't see that actually spelled out in any of these sections that are before us that's, you know, in violation, so I'm just trying to bring this to closure instead of prolonging it. CHAIRPERSON LOUVIERE: And I think that if you don't fix it, obviously your whole -- your neighbor is watching you. MR. SITARIK: Oh, it will be fixed 'cause it's, you know, to .., :.'.. . Page 29 August 28, 1997 everybody's benefit. We've been kind of going at .this for that particular thing to get the front turned and, you know, and, so thank you. .,-~ M~. YOVANOVICH: The~e/~:'n~t'~e~?secOnd' CHAIRPERSON LOUVIERE: ,~Oh, I did.second it. MR YOVANOV!CH: ' Oh I'm sorry, I didn't hear it. There has been a second, then. "L' 1' CHAIRPERSON LOUVIERE:,'~Okay'~; All in favor signify by saying aye. All opposed signifymby saying nay.' MS. DEIFIK: Na¥...~ .... ~-~'~--~ ....... '~'?"" CHAIRPERSON LOUVIERE:'/~Ms' Delflk:ls our opposing vote. It passes -- I don't know how many board members we have now. MR. YOVANOVICH: Six to one. MR. PONTE: six to one. CHAIRPERSON LOUVIERE: six to one? Thank you very much. Okay. Thank you very much for coming in. ~R. SI~ARIK: Thank you very much. CHAIRPERSON LOUVIERE: All I can say is love your neighbor- Is it love your neighbor? Love'thy neighbor. Okay. And then we had some new business that you wanted to discuss, Ms. Sullivan. MS. SULLIVAN: Yes, I wish I had the order from the south board. The problem that we're experiencing as you all know is notification, due process problems over and over and over. What we are -- had begun to do to correct some of these problems were not only did we send the certified mail, we are sending regular mail at the same time. We are posting the property, in the case of the gentleman who was up here with the vegetation problem, we had a process server in Dade County try to find him. We didn't know he moved. The process server said we can't find him, he no longer lives there. So when I started looking at the statute, it says that we shall send notice, personal notice, or by certified mail and then with the board's approval we may use these other methods. I have asked the south board to give me an order and to give me a blanket approval that I can use all these methods at once to keep these case from going on month after month. When one method isn't sufficient we come back, we have to go another month. I'm trying my best, you know, it looks like on some of these we're going to have to start advertising and I'm trying my best to get away from that because it's $600 a crack and it's really -- it's really bad on my budget, but you know, if I can post and I can use the process servers and I can use everything at once, maybe within that 60 day time and within our notification time frames, I can get these cases in one shot and not have to keep bringing them back. CHAIRPERSON LOUVIERE: So what are you asking us today? There's going to be an order prepared for this board to sign? MS. SULLIVAN: Yes, for the south board, they have given me an order and it's just because the statute says that I need the board's approval to use other methods, other than the certified mail and personal contact, they're saying, go ahead, we're gonna give you approval up front to go ahead and use all those methods at once and that's what I'm asking of this board. ...... ~.?.~.~,.7:;~; ~. .... ~..~ j~..~ ....... ~.~ ~.. Page 30 August 28, 1997 CHAIRPERSON LOUVIERE: I agree :.... Go ahead.,....,: ..... MR. ALLEN: I make that motion · '" MS .' 'DEIFIK ' Can .we 'h~{;e"s'o~e .discussion first? CHAIRPERSON LOUVIEKE: Of course. _. MS DEIFIK: May I inquire? :: '' ' ~'" ' ' ' CHAIRPERSON LOUVIERE: '"';~ Yes 1~'.~?':': .t~.,'-.. -. : MS. DEIFIK: I think that I addressed this last time, but I just want to be sure that I..understand.-~ First of all, what is the statute something number that we're dealing with, Lind~?i.:% .... '...'-~' -~:' ~ . · MS. SULLIVAN: -.,I-don't~have'~it~-with me-'-.?,It's 162.25, like that. Rich, do You i{ave''it~'th~re? t~h;~'"~'~'~:->>""-'~'" "~ '- ': ..... :' "'"" MR. YOVANOVICH: .I'll"fi~d it'~'.Whil~'~'Tt;~';:'''''':' .... ' MS. SULLIVAN: In the statutes -- MS. DEIFIK: If it's in 162, I'll find it. MS. SULLIVAN: Yeah, it' s in 162. -' MS. DEIFIK: All right. I'm just wondering and I'm just thinking out loud, if you were to make -- send out routine letters to the post office and department of motor vehicles and a number of places like on all our cases,..you.might..get-feedback that would give you that, Y ..... ~ .... ~ .... of the costs involved in . ew address an~ ~nlngs anu ~vu~u ~w,~,~ the n . =~:___ ~v~ ~ I'm certainly for using process ~rocess servers anti nnl~ig~ ~ ~ ..... _ ....... =--- - ....... := '~-~ ~=st time i'm 3usu wu~i~=~,~w -- ' server ' - - ~ -~" ~ "~e other methods 'that you m~ght use to everyone nas exploreu ali u= u.. . be apprised of people's whereabouts. MS. SULLIVAN: Yeah, right. Actually, we did do that. We check the driver's license. We do everybody we can do. The problem that O we're having, as in the case with the gentleman up here. We have personal contact with these people. They are actually, you know, n6t~fied of these things, but they simply won't respond. It's usually not a problem of us knowing pretty much, you know, where they are and having a means to get 'em, they simply are avoiding the service and -- MS. DEIFIK: I understand, but I'm just saying, for instance, with regard to this fellow, if he moved from Miami to Collier County, he probably filed a forwarding address with the post office. MS. PASSMORE: No, ma'am, he did not. I read his phone number. I mean, his -- MS. DEIFIK: I'm just asking his -- MS. PASSMORE: But he did not -- MS. SULLIVAN: Yes, we looked-- MS. PASSMORE: The address we went by was the address he had on his driver's license. That was the address that I used to have the Metro Dade Police Department serve the papers to. He was no longer there. There's a current tenant there. MS DEIFIK: And you checked with the post office and he did not -- MS. PASSMORE: The post office will not give us any additional information unless we have a court order. MS. DEIFIK: I make inquiries of the post office all the time. get letters back. MS. PASSMORE: I have called requesting forwarding addresses, information, you know, forwarding infprmation, additional addresses August 28, 1997 other than a P.O. Box. They informed me that th~ cann~ ~iye i~ ~_ a court order. Several times £ ye cal£e~ inquiring, me unless we have zdravkoVic;~:~b~i~ theY're"had originally had a post especially for Mr. office box to send the certified,ma.~il.t9' which was always being returned unclaimed. , CHAIRPERSON LOUVIERE::'S° b~sically what you're looking for now and it can be handled in the form of a motion is that you'd be authorized -- that we authorize staff to use any means -- how was it that you worded it? · . MS. SULLIVAN: Any mea~s~ithat are --. CHAIRPERSON LOUVIERE::''P°ssible''~E'' MS. SULLIVAN: -- acceptable under-the statute. CHAIRPERSON LOUVIERE: That are acceptable under the -- I was gonna say yes I have to watch what you say -- what I say there. MS. SULLIVAN: Any legal acceptable means pursuant to the statute. CHAIRPERSON LOUVIERE: Legally -- I was going to say legally, because then you could go over there and, you know, you could have dogs chasing people down and say the board authorized me. Okay. I'm sorry. You see no problem with that? Okay. So I make a motion -- M2~. YOVANOVICH: Before we get that far. CHAIRPERSON LOUVIERE: Yes, sir. MR. YOVANOVICH: Ag~.in, ~his is the same issue we have discussed on several occasions. There ~s a conflict between the statute and what it provides as proper notice and the county's adopted ordinance as to what it provides as proper notice. As we've talked about it O before, the county's ordinance does not allow for posting as a means of providing notice. It only provides for hand delivery through h6w~ver method, which was addressed at the last meeting, using process servers, the sheriff, which we've already discussed, and if you can't get delivery that way, by publication. So you have those two options. MS. DEIFIK: Publication will only work if you publish in the appropriate area in which the person resides. If he's moved to another county, your publication -- MR. YOVANOVICH: I understand that and what I'm saying is -- CHAIRPERSON LOUVIERE: Not only that, but it costs $600. MR. YOVANOVICH: -- we have been -- I know, but we talked about this probably six, seven months ago, about the county doing a simple amendment to its ordinance to include posting, so we don't have to worry about whether or not posting pursuant to the statute is valid notice, because in my opinion, the ordinance is more restrictive than the statute, which it's permitted to be and, therefore, posting is not an allowable alternative under Collier County's Code Enforcement Board Ordinance. My opinion has not changed. I've shared that opinion with this board on several occasions. I spoke to the south board's attorney about her opinion. I pointed out to her that there was a difference between what the ordinance says and what the statute says and we had agreed to discuss our mutual legal opinions so we could be consistent with both of our boards, because we work together and try to make sure that we're telling both of our boards the same thing. This conversation occurred after the south 16G August 28, 1997 board's order, allowing for postingl .. So, the south board,s.attorney .and I are talking about whether we agree that posting is''an''~lternative because there's a discrepancy. In the meantime, .the whole thing could be fixed by the county just going forward and bringing an amendment to its ordinance to include the statuto-~Y authorized provision of posting. So it's my opinion, as your attorney, to date that.posting is not a legally authorized alternative unde~'.the Collier County Code Ordinance.. CHAIRPERSON LOUVIERE: i~{~hat, s" not ]what ·she' s asking me to do, though, as I see it."~:~'~: ~'~'~ "~'~'~'~ ......... ~R.~YOVANOViCH: ~She~talked~about'the 'statutes. MS. SULLIVAN: Madam'Chairman?' CHAIRPERSON LOUVIERE: She talked about anything that is legally acceptable -- MR. YOVANOVICH: Under the statute -- CHAIRPERSON LOUVIERE: -- under the statute. MR. YOVANOVICH: -- which is not the ordinance. The ordinance and the statute are very different. If you want any legally authorized mechanism under 'Collier County Ordinance, that's fine. Just clarify that's what I want the motion to say under the ordinance. CHAIRPERSON LOUVIERE: -So we have to stick to our ordinance. MR. YOVANOVICH: Yes. CHAIRPERSON LOUVIERE: .I cannot go with the statute even though it's more restrictive in this case right now? MR. YOVANOVICH: Correct. CHAIRPERSON LOUVIERE: Because my ordinance does not include posting. I have to say legally acceptable per the Collier County Ordinance? ~ MR. YOVANOVICH: Correct. CHAIRPERSON LOUVIERE: And if we want postage to be included in our ordinance then we need to amend our ordinance supporting it? MR. YOVANOVICH: And if you'll remember, Ramiro Manalich, the chief assistant county attorney, agreed that posting was not an alternative under the county's currently adopted ordinance. We had that discussion. MS. SULLIVAN: Madam Chairman, I have a suggestion. CHAIRPERSON LOUVIERE: Yes, Ms. Sullivan. MS. SULLIVAN: As your counsel has told you, this -- apparently this discussion took place after the south board's or no one has shared this information with me. CHAIRPERSON LOUVIERE: Okay. MS. SULLIVAN: I knew the attorneys were going to discuss it, but nobody shared this with me. What I would suggest is that the board direct staff to take the necessary steps to bring back -- to bring forth an ordinance amendment before the board. CHAIRPERSON LOUVIERE: I had this -- I had made that motion before, if I recall correctly, to be honest with you. I remember having this --- I do recall having this conversation regarding posting and the fact that our ordinance does not include it and I had directed staff to talk to the county attorney's office to amend our ordinance accordingly to include posting as legal service. So, therefore, all 16G August 28, 1997 of a sudden I can hear mYs~if' ~and that's scary, b~t I make a motion that we direct Collier County~Attorney's staff -- we direct your department to work With'collie~ cOunty Attorney's to amend our ordinance to include posting as 'legally acceptable service. Is that a good motion? ... ~ ..... '~ .... · MR. YOVANOVICH: YeS~ ~it;~ ~a~ Very good motion. CHAIRPERSON LOUVIERE: -Thank you very much. I have a motion. Do I have a second? MR" ANDREWS: "I double ~s'eco~d that. · CHAIRPERSON LOUVIERE:"'~e~h~e ~a double-second. ~ Is that like a double play? Ms. Deifik'/:'d~ ~' have a~y other 'comments? MS. DEIFIK: No, I'm going to look into why there's a discrepancy in the reaction of the post office, maybe it has something to do with post office boxes, but I know I send letters out all the time and I find out amazing things and it's a lot cheaper to send a $.32 -- CHAIRPERSON LOUVIERE: Okay. I have a motion and we have a second. A.!]. in favor signify by saying aye. It passes unanimously. So we -- how long -- can I have that ordinance before us, what do you think. I know the county attorney is very backed up and that will hold you up. MS. SULLIVAN: I think the direction before was to the county attorney to look into this and I guess when the county attorney no longer -- · CHAIRPERSON LOUVIERE: Participates in these it falls through MS. SULLIVAN: Yeah, I think it probably has gotten dropped, but what I can -- what I will do is I will get with Ramiro and, you know, give him the direction of the board and try to hurry it along and try t6 ~et him to get me a draft. It shouldn't be very difficult to do. CHAIRPERSON LOUVIERE: Okay. MS. SULLIVAN: And then we' 11 have to put it through the proper charhnels. I'm not sure at this point what advisory committees or who it will have to go before, but I'll get it started. CHAIRPERSON LOUVIERE: Yeah, as soon as you can. I know that, you know, I'm trying to help you here. I realize how difficult this is for you, and so anything we can do as a board to try to help you, but at the same time I have to listen to our attorney so -- MS. SULLIVAN: Right, it's very frustrating to bring things back month after month. CHAIRPERSON LOUVIERE: It's very frustrating month after month. You know, it happened again to us today and we had one issue here I think on serving someone or maybe not, I can't recall, but I do understand your frustration. Are there any other items? MS. SULLIVAN: Just I have the report on -- CHAIRPERSON LOUVIERE: On your cost. MS. SULLIVAN: On the costs. CHAIRPERSON LOUVIERE: I think Mr. Mueller or someone in our, Mister -- someone had questioned how much money you were spending. MS. SULLIVAN: Someone had questioned and I promised to bring a report back. I have copies and I don't -- didn't they get the packet? They didn't get the packet because I just got them from my office August 28, 1997 manager, but I'm just gonna go ahead if it's okay'with everybody and just hand these out and you'can look at them. CHAIRPERSON LOUVIERE:That will be fine. MR. FLEGAL: Ms. Sullivan, ~f this is the 'money you spent to date, how does it relate to your budget.amount? Is this under, over, between? MS. SULLIVAN: Well, what happened was, as you know, the Lely Barefoot Beach case and the specific land company case was just so outrageously expensive because we had to deal with outside counsel at an hourly rate, that was not budgeted.~. ~-'~' The expenses before the~attorneys''gOt involved' like myself,~ were very nominal and, you know, because of the participation of outside counsel and the length that those two cases went, we weren't budgeted and we ran into some problems. That's when we came up with the idea for a yearly contract at a set rate because the fees were getting completely out of hand, and we had no control over them -- over what we were sp~nding for the board- ' ~ " So we're budgeted right now in the event that there is conflict of interest, that's where things go wild. We really don't have much control. We have to go outside for that and we, you know, we never know how much it's going to cost us. CHAIRPERSON LOUVIERE: And I must say, using outside counsel has worked very well. I mean, as a board, I'm happy. I mean, I can't speak for the board, but I'm happy with -- MS. SULLIVAN: You mean using the counsel we have now is what you're saying? CHAIRPERSON LOUVIERE: Yes. MS. SULLIVAN: Before when we didn't -- when we had the county a~t6rney generally represented -- CHAIRPERSON LOUVIERE: Exactly MS. SULLIVAN: -- staff when it was appropriate. Representing the board when it was appropriate, when that conflict was discovered, we weren't budgeted, we were not prepared for two attorneys and now four attorneys, basically, with the two boards. CHAIRPERSON LOUVIERE: And not only that, but then if that particular item would go to a higher court, then it was tying up our county attorneys, which we just, you know, our county attorneys are very overworked. MS. SULLIVAN: I guess the point is barring any more long drawn out complicated cases, we have it under control as much as we're going to, but you can see there the -- I gave you all my copies, the milling cost and court reporting costs and those are considerably higher than you probably imagined they would be. I' CHAIRPERSON LOUVIERE: The clerk of courts for the minutes, m surprised to see that figure being what it is. MS. SULLIVAN: And, you know, when we get a case where we have to have transcripts. CHAIRPERSON LOUVIERE: Yes. Advertising isn't too large, about $1,600. MS. SULLIVAN: That's because we have avoided using it because we didn't have it in our budget to do and then we'd have to go get budget 16G 2 August 28, 1997 transfers and that kind of thing. -CHAIRPERSON LOL~_~E~: ..,An? ~?1~ ~r~o~%~ ~o~6us $18,000. · - - a There's a lot more fees connected with that, that were before then. CHAIRPERSON LOUVIERE: Uh-huh..-Okay. MR. MUELLER: Linda, is the $18,000 part of the $25,000 outside legal counsel or is it over and above? ~ MS. SULLIVAN: Let me see what you,re looking at. MR. MUELLER: Well; 'the sheet yo~ Passed.' MS. SULLIVAN: I know ~I gave,.you mine... ~ MR. MUELLER: Oh, here 'it is~]" There's ~' footnote that says $18,000 for Barefoot Beach. My question is,"is'that part of the above expenses or over and above the above expenses? CHAIRPERSON LOUVIERE: I think at the time of Lely, we -- did we use -- who were we using? Were we using county attorneys? MR. PONTE: David Bryant. MS. SUI,LIVAN: We used Dave Bryant and then I think Ramiro took over after that, after David was no longer with the county. Let me -- maybe this can explain it to you better. We have approximately $25,000 for our attorneys, for the year, for both boards. That's pretty much the fixed cost. So if you take that then you add all the other expenses, that would be in addition to what is. shown on here. Okay. And I think the reason Connie Johnson, my office manager, I think the reason she put that down and we were discussing this, she said, you know, they should know how much an involved case cost. We don't expect one of those in the near future, O but, you know, this is what happens and this is only a partial cost for Lely. - MR. YOVANOVICH: And if I can be of a little assistance there, because of that case, the county went out and required firms to bid on a flat fee, so if you do have another involved case like that, your fees will never increase, as far as your counsel's costs go. MS. DEIFIK: Yeah, but wouldn't you quit? MR. YOVANOVICH: No, I can't, I'm contracted, but I'm just saying that was the understanding. MS. DEIFIK: What do you mean, you can't? MR. YOVANOVICH: Well, I could. MS. DEIFIK: You're going to work a hundred hours a week on something like Lely for nothing? MR. YOVANOVICH: That was the way it was bid and we understood that going in -- we suggested going hourly. MS. SULLIVAN: That was our problem. MR. ALLEN: Go with last month's session. CHAIRPERSON LOUVIERE: I think we have a not to exceed figure on your contract. The contract amount was for -- MR. YOVANOVICH: It's a flat rate. MS. SULLIVAN: We do now. MR. YOVANOVICH: I don't plan on walking away because you don't have another Lely Barefoot case. MS. SULLIVAN: We do now. This is why we have this contract because this is what happens. We only have a problem now if there is Page 36 a conflict of interest -- · CHAIRPERSON LOUVIERE:~ Between -- MS. SULLIVAN: .... with Rich and we have to go outside and do an hourly legal rate. CHAIRPERSON LOUVIERE: And not so much with Rich, but with his firm. MR. YOVANOVICH: Right. CHAIRPERSON LOUVIERE: Because.in the past, we have had that issue. .... MS. SULLIVAN: ~With anybody that wouldrrepresent the board. ~ CHAIRPERSON LOUVIERE: Right ~ ~ MR. ALLEN: Can I get a contract from Y°ur firm, Rich? MS. SULLIVAN: I don't think you're going to get another deal like that. MR. YOVANOVICH: We're crossing our fingers, to be honest with you. This MR. ANDREWS: Madam Chairman, I've got a comment to make. clerk of court cost, I know this thing.all the way through -- it was thrown at us because of a politician on the county commission because they did it over there, and frankly, four or five, six years -- at least six, seven years, we got along beautifully. When we remodeled this building, they built a beautiful set up back there for our own -- we had our own people doing the minutes for us and everything and much easier to interpret than the new ones, and I think that it's just a political thing we're stuck on and I think it can be removed and I don't think we need that and that's a pretty good hunk of money, and in my opinion, it was so much easier to interpret -- the notes. They put, for instance, I have a hell of a time reading these thifgS, in fact with all the dots and dashes and every time you cough or snort or do anything, it all goes in the deal and it's a lot of nonsense and we don't need it here. In fact, I don't think the county need -- needed one either, but we got that one, the politician up there trying to make points and I think we should work on it, and I'll be glad to see what I can do. Does anybody else feel that way, that it's worse to put out this kind of money when we already had the set up? As a matter of fact they use our -- CHAIRPERSON LOUVIERE: Our tapes. MR. ANDREWS: -- recording stuff and everything. That's ridiculous. CHAIRPERSON LOUVIERE: So, basically, I mean, the way -- MR. ANDREWS: We're paying double. CHAIRPERSON LOUVIERE: The way I understand it is that the clerk to the board or the clerk to the boards, which is an independent arm of the government, has to -- records on a tape all the minutes of all the boards that are appointed by the Board of County Commissioners. The Board of County Commissioners, the Code Board, the Planning Board, the Environmental Advisory Board. So, basically, we have a tape sitting over there that's recording everything we say and then in addition to that we're paying $10,500 to an independent minute taker. MS. SULLIVAN: That's right. That would be your court reporter Page 37 16G 2' August 28, 1997 .we pay our share.- We're,charged back our share of what the cost ~.lt:iCHAiRPERSON LoUV~ERE:.~'~Oka~?W S0':we,'re taking minutes twice? u.~MS. SULLIVAN: ,, Pretty much .... .? ......... '" ..:,.CHAIRPERSON LO%~IERE:f~Okay.'~,?. ,~ .]MS SULLIVAN: 'ilYou're~'taking~:'°y°u kn°w' I guess there's two ways to look at it. You're taking them twice and you're providing yourself ~- .... CHAIRPERSON LOUVIERE:'t~C can we --~ b~t we can ask for a hard backup ,~:.,~-~copY'or -- I'm'asking here~"~.~,canwe ask for a backup copy -- I'm going .tO have to sign these minutes'anyway,~'s° I'm going'to-have t°'have ~ copies of the minutes anyway and couldn't the clerk tO the board provide us with that copy anyway? I mean, 'cause somebody would have to sign them. You see what I'm saying? MS. DEIFIK: Somebody would have to transcribe it. The court reporter -- , MS. SULLIVAN: It's the transcribing cost that we re paying for. MS. DEZFIK: Right, and the court reporter doesn't like to transcribe something that they haven't taken down themselves because they can't vouch for the credibility of it. MS. SULLIVAN: That's right. MS. DEIFIK: I mean, I'm just telling you the way court reporters look at it, but my other question is, is this really anything that we have any impact on it? It seems to me that these are decisions that are made by county management and/orby the clerk's office, completely Ooutside the purview of our responsibilities' Is that correct, Mr. Yovanovich? M~. YOVANOVICH: It is. I mean, this board is purely a fact fln~ing board and -- to hear cases. I think this was -- MS. DEIFIK: We have no executive or administrative ability. M~. YOVANOVICH: Right, you cannot tell anybody what to do. I think this was just informational so that Linda could tell you just how expensive it is for her to bring cases before you and why she's not advertising at the drop of the hat on each case. I think that's just informational as she said. This board can't direct her or the county manager or the Board of County Commissioners to do anything. CHAIRPERSON LOUVIERE: I want to be the one to transcribe it. Can I get paid the $10,5007 MR. YOVANOVICH: I believe that was probably competitively bid. CHAIRPERSON LOUVIERE: Oh, is that like one of those ethic things where it would be like a conflict of interest thing? MR. ALLEN: You'd have to recuse yourself first. CHAIRPERSON LOUVIERE: Oh, thank you. I just -- I'm trying -- I have problems with that. Anyway, I just -- at this point it appears that we have no jurisdiction to tell you what to do with the $10,500. As citizens and as taxpayers, we certainly can write a letter to our Board of County Commissioners. If Mister -- if Charlie wants to point this out to them, that, you know, we have noticed that there is that there are minutes being taken and there are minutes being taken -- I mean, we can certainly share this and it's a free country and we can do so. August 28, 1997 MS. SULLIVAN: He's right. This is just informational for you to ~ow where the money goes. CHAIRPERSON LOUVIERE: It's just informational. We have no authority, so there's nothing we can do, Charlie. MR. ANDREWS: Yeah, I understand how it was done, but I think it can be undone that way if you could just give me permission to go ahead and try. MS. DEIFIK: I don't think you need our permission. CHAIRPERSON LOUVIERE: Yes, sir. You don't need our permission, Charlie, you're a taxpayer and you can write that letter. M~. ANDKEWS: Well, I know. I want this group -- 'cause after all, we all use this system and I want to all agree that if we could eliminate it, it would be to our advantage. I think we're getting snowballed all along. Our costs keep going up, up, up. It keeps going. It's just like we need that south whatever it is, South Club or something, whatever CHAIRPERSON LOUVIERE: We don't know what South Club -- that is. MR. ANDR~NS: That was absolutely the most ridiculous thing, but that's another one by the same guy that I'm talking about, and he's supposed to be a good friend of mine, but I'm going to put a bomb under him. CHAIRPERSON LOUVIERE: Oh, boy. MR. MUELLER: Charlie, are you proposing that we rely on the tape recorder over there to take our minutes? MR. ANDREWS: No, we have professionals in our office up there ~at just love to do it and do a better job then these guys do. MR. MUELLER: Do what? Translate the tapes? -MR. ANDREWS: No, they sit here and take minutes like they do. plus the fact it goes on the electric thing and everything, so they got a double whammy. So, we're paying this -- this is like throwing money down the drain. CHAIRPERSON LOUVIERE: Okay. Well, and we have seen the budget and we have discussed it and obviously there seems to be an issue and Charlie has a right to express his opinions and if he has -- we, as a board, cannot act on it. MR. ANDREWS: I don't mean act. This is just what I don't want is to go out and go through all these things and say, well, hey, we think this is embarrassing. I want to get some kind of an answer. CHAIRPERSON LOUVIERE: No -- does anyone on this board then have any opposition to him, you know, trying to see if we can just go back to just having tapes, instead of a tape and transcript, I guess is what he's asking? MR. ANDREWS: No, we'd still -- we always have -- I guess you weren't here then, but from day one -- CHAIRPERSON LOUVIERE: I wasn't born here. MR. ANDREWS: -- we always had them sitting right there. We got all the equipment, it's all set up, the whole thing. CHAIRPERSOM LOUVIERE: Okay. MR. ANDREWS: We had -- we had -- and they took -- we had long eetln,gs. Page 39 16F Z August 28, 1997 ..... MS. DEIFIK: Charlie/ I think one of the ques.tions would be that -and I'm not necessarily advocating for it or against it. I'm just .... Sa~ing' that I.'think'one of~the'issues:tha~ would come up is' whether the stenographers who are transcribing .these county tapes were qualified to do so. Court reporters have to go through certain certification and I think that ~one of the points that might be raised is that court reporters' transcripts in an appeal from a decision of this-board might be .mOre. a~c'eptable in 'a court of law than a ~ transcript made by an .unqualified typist ~from an uncertain tape. I raising ~that. 'I'm 'not necessarily advocating '"can :just see-'someone ~ that..-'~":""- · '"':~ ~" ": : .... "~?'~'"'::~-" ~ - ': ' ' ..... " " CHAIRPERSON LOUVIERE: .!:Well~"<I-tend to disagree a little bit there. It's not an uncertified typist from, you know, out there. It's the clerk to the board.. The. clerk to the board takes minutes of every board. They get paid for that, one, and number two, every time that I've seen something go to appeal, I see that the attorney usually has a court reporter here and that's being taken down, anyway, and we can certainly ask them to provide us with a'copy of the transcripts. Court reporters like that. The more copies they sell, the more money they make. So any time we have a hot issue before this board, I have noticed that the attorney that's presenting the case usually has their own court reporter here. So if there are no further questions, can we adjourn? MS. SULLIVAN: Just, I have one more comment I'll put under report here, if you'll notice the' fence picture. CHAIRPERSON LOUVIERE: Yes, ma'am. MS. SULLIVAN: Will you notice how much better that is? CHAIRPERSON LOUVIERE: Yes. - MS. SULLIVAN: The Polaroid. I have been fighting for a year ahd a half for my digital cameras and I have the first one. Come October, I will get a color printer and your pictures will be so much better. CHAIRPERSON LOUVIERE: Wonderful. That will be great. Thank you. I'm sure -- I guess, you know, the more budget you have to work with, the more you can do as far as investigating -- MS. SULLIVAN: Well, we were spending -- we have been spending traditionally $50,000 a year on film and I've been trying to get these digital cameras to just completely alleviate that problem. Finally, I've managed to do it in this budget, so you should have better pictures to look at. MR. PONTE: Congratulations · CHAIRPERSON LOUVIERE: And thank you. There are no further -- yes, there is. MS. PASSMORE: Madam Chairman, I would like to clarify with the board though that the next meeting will not be on the 25th, as was originally put on the agenda. It will be the 30th. Just as a note, as a reminder. CHAIRPERSON LOUVIERE: September the 30th, okay, and we are formally adjourned. There being no further business for the good of the county, O the meeting was adjourned by order of the Chair at 10:45 a.m. . Page 40 COLLI~ CO~ CODE ~ORC~ BO~ NOR~ MI~~~~, C~IRPERSON ~e~~es approved by the Board on ~ente~2 or as corrected T~SCRIPT PREPPED ON BEeF OF G~GORY CO~T ~PORT!NG By: Sherrie B. Radin Page 41 - ;-~ 16G 2 August 8, 1997 TIIANSCRIPT OF THE MEETING OF THE CODE ENFORCEMFjWw~ BOARD - SOUTH . Naples, Florida, August 8, 1997 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board South met on this date at 8:36 a.m. in REGULAR SESSION in Building 'F"of the Government Complex, East Naples, Florida, with the following me.~bers present: CHAIRMAN: Randy Merrill Lyrnn Bradeen James E. Lavinski Lewis P. Oxley Robert K. Loc~hart Guy P. Adams Diane Taylor Maurice DeVito ALSO PRESENT: BOAP, D M25/4]BERS ABS~T: Rhona Saunders Jean Rawson, Attorney for the CEB Teresa Passmore, C.E. Investigator Michael Ossorio, C.E. Investigator Linda Sullivan, C.E. Director Kimberly J. Polen, C.E. Environmental Specialist l¢,isc. Cortes: C,o~ies lo: Page 1 August 8, 1997 CHAIRMAN ~ERRILL: Call the Code Enforcement Board of Collier County, Florida, South, to order. We will start with the roll call. Lynn Bradeen. MR. BRADEEN: Here. CHAIRMA~N P~ERRILL: James Lavinski. MR. LAVINSKI: Here. CHAIRMAN M~RRILL: Rhona Saunders. Miss Saunders has given me a letter; she is out of town on business for this month, September, and October which, Ms. Rawson, I will give to you for the record so she will have an excused absence. Guy Adams. MS. PASSMORE: I spoke to his office last Friday and he is on vacation all through this week. CHAIRMAN MERRILL: All right. Excused absence. Maurice DeVito. MR. DeVITO: Present. CHAIRF~AN MERRILL: Diane Taylor. MS. TAYLOR: Present. CF~IRMAN MERRILL: Robert Lockhart. MR. LOCKKkRT: Here. CHAIRMAN MERRILL: Lewis Oxley. MR. OXLEY: Here. O And Randy Merrill is present. CHAIRMAN MERRILL: Do we have a motion to approve the agenda for today? MR. BRADEEN: So moved. CHAIRMAN MERRILL: Motion to approve the agenda has been moved by Mr. Bradeen. Is there a second? -MR. DeVITO: I'll second it. CHAIRMAN MERRILL: Motion has been moved and seconded. Any discussion? Hearing no discussion, all those in favor of the motion indicate by saying aye. Any opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Move now into public hearings. The first public hearing is the Board of County Commissioners versus Nina M. Seals (sic), Code Enforcement Board No. 97-016. I'm sorry, I missed minutes, my error. We have the minutes in our packet of June 13, 1997 and July 11, 1997 which were not previously approved. Do we have a motion to approve both of those minutes? MS. TAYLOR: Randy, I have something to say. I know what your name is. I was going to say Chairman Merrill and Randy came in mind and Randall is what came out of my mouth. I apologize. CHAIRMAN MERRILL: That's okay. I have been called worse. MS. TAYLOR: I'm sorry. OW MS. SULLIVAN: Mr. Chairman, you were going pretty fast there. e have something we would like to put under new business. Page 2 2 August 8, 1997 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD - SOUTH Naples, Florida, August 8, 1997 LET IT BE REMEMBERED, that the collier County Code Enforcement Board South met on this date at 8:36 a.m. in REGULAR SESSION in Building "F"of the Government Complex, East Naples, Florida, with the following members present: CF. IIP.MAN: Randy Merrill Lynn Bradeen James E. Lavinski Lewis P. Oxley Robert K. Lockhart Guy P. Adams Diane Taylor Maurice DeVito ALSO PRESENT: BOARD M~2~EKS'A~SENT: Rhona Saunders Jean Rawson, Attorney for the CEB Teresa Passmore, C.E. Investigator Michael Ossorio, C.E. Investigator Linda Sullivan, C.E. Director Kimberly J. Polen, C.E. Environmental Specialist tV,'~sc. Co"'esI Page 8-01-1gg? I:1 6.13 834S P. 2 CODE ENFORCEMENT BOARD OF COLLIER Co'LrNTY, FLORIDA Daze: Aur, ust 8, 1997 Loc=tion: Collier Count)' Govemmem Ctnt~t, Admn. BIds., 3'~ Root NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE ROCEEDfNGS PERTAINDCG THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VF.R~ATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDFJ; THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COL,tNT'Y NOR THE CODE EN£ORCEMENT BOAP,.D SI-LALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. RQ~,LCALL 6P~ll~}~OVA~lf 0~' AGE~hrDA AP. RROVA~, OF MmLrTEs PUBLIC HEARINGS B. C. D. E. ..,tunc 13. 1997 (nc~ lo be si:ned) ~nd July I I. I997 BCC vs. Nina M. Ncal (Sums) BCC vs. Mark G. Ge~tchcs BCC vs. Robe~ H. & GM Dobk~n BCC vs. Donald L. Arnold Bce vs. Ro~ E. · l~ne E. Cadenced FEw BUSINESS O~,D eUSINESS Jose Luis & Lucila C.~ttt-.. Eliz~bc~ Anmn. TR. NIA $ci~cmlx-r 12, 1997 N~(T METT1NG DATE: ADJOURN CEB Ho. 97.016 CEB No. 97.017 CEB No. 97-011 CEB No. 97-022 CEB No. 97-023 CEB No. 97-002 CEB No. 97.013 August 8, 1997 OWe CHAIRMAN MERRILL: Call the Code Enforcement Board of Collier County, Florida, South, to order. We will start with the roll call. Lyrun Bradeen. MR. BRADEEN: Here. CHAIRMAN MERRILL: James Lavinski. MR. LAVINSKI: Here. CF~IRMANMERRILL: Rhona Saunders. Miss Saunders has given me a letter; she is out of town on business for this month, September, and October which, Ms. Rawson, I will give to you for the record so she will have an excused absence. Guy Adams. MS. PASSMORE: I spoke to his office last Friday and he is on vacation all through this week. CHAIP.~Ai%' MERRILL: All right. Excused absence. Maurice DeVito. MR. DeVITO: Present. CHAIRMAN MERRILL: Diane Taylor. MS. TAYLOR: Present. CF~I~4AN ME~qILL: Robert Lockhart. MR. LOCKHART: Here. CHAIRMAN MERRILL: Lewis Oxley. MR. OXLEY: Here. CHAIKMAN MERRILL: And Randy Merrill is present. Do we have a motion to approve the agenda for today? MR. BKADEEN: So moved. CHAIRMAN MERRILL: Motion to approve the agenda has been moved by Mr. Bradeen. Is there a second? -MR. DeVITO: I'll second it. CHAIRMAN MERRILL: Motion has been moved and seconded. Any discussion? Hearing no discussion, all those in favor of the motion indicate by saying aye. Any opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Move now into public hearings. The first public hearing is the Board of County Commissioners versus Nina M. Seals (sic), Code Enforcement Board No. 97-016. I'm sorry, I missed minutes, my error. We have the minutes in our packet of June 13, 1997 and July 11, 1997 which were not previously approved. Do we have a motion to approve both of those minutes? MS. TAYLOR: Randy, I have something to say. I know what your name is. I was going to say Chairman Merrill and Randy came in mind and Randall is what came out of my mouth. I apologize. CHAIRMAN MERRILL: That's okay. I have been called worse. MS. TAYLOR: I'm sorry. MS. SULLIVAN: Mr. Chairman, you were going pretty fast there. have something we would like to put under new business. Page 2 16G"2 August 8, 1997 CHAIRMAN MERRILL: All right. MS. SULLIVAN: I have found some guess what, due process concerns, that I would like to bring up at that time. CHAIRMAN MERRILL: Okay. Under new business? MS. SULLIVAN: Yes. CHAIRMAN MERRILL: Okay. We'll just put it as an item for CEB report. MS. SULLIVAN: Thank you. CHAIRMAN MERRILL: Okay. Any other changes to the agenda? Back into approval of minutes. Do we have a motion on the minutes? MI%. DeVITO: I'll make a motion we approve the minutes. CHAIRP!AN MERRILL: We have a motion to approve both -- both sets of minutes. Is there a second? I~R. LAVINSKI: I'll second. CF~IRMAN MERRILL: It has been moved and seconded. Any discussion? Hearing no discussion, all those in favor of the motion indicate by f, aying aye. All those opposed? (No response.) CHAIRMA~N M~RRILL: Hearing none, motion carries. Now, we're in public hearings. Board of Collier County Commissioners versus Nina Neal. That's a status report, I believe. MS. PECK: Yes, it is. Apparently there is a tenant at the residence and when speaking to the tenant, she has informed me that Miss Neal is out of the country in Canada and exl~ected back sometime this month. We have posted the notice of violation on the property, and hopefully she will be back this month and will be able to get the notice of violation se:-ved to her so that we can have it all prepared ready for the board for the next meeting. CHAIKMAN MERRILL: Any questions by any member of the board of the report from Code Enforcement? Okay. Thank you. Next matter, Board of County Commissioners versus Mark Geatches. If he's here, I apologize. MS. PECK: Mr. Chairman, apparently Attorney Glenn Paul called me late yesterday afternoon. He stated that he was representing Mr. Geatches in a civil matter, a litigation case, in DeLand, Florida. He had asked me to present to the board or recommend that the case be continued -- their request. Apparently there has been this case going on long before our notice of violation came about on -- he states to me a discrepancy in the actual owner of the property. Our records show that Mr. Geatches is the current owner of the property. I don't have any other information as to any other owners, and I explained to him yesterday that we would present this matter before the board today. It would be the board's decision as to whether or not the case would be continued. He said he would be available via telephone conference if necessary. I informed him I didn't know if the boardroom was set up for such a thing. Page 3 16G August 8, 1997 CHAIRMAN ~ERRILL: Thank you, Miss Peck. Miss Sullivan. MS. SULLIVAN: ~'he only problem I have with this, it's litigation over the title to the property. This man has been represented by this attorney, apparently, for some time, and he calls yesterday afternoon, you know, and advises us of this. That's the only problem I have with it so -- and he says, you know, the litigation should be settled in a month, and you know as well as I do that we may not know when the litigation is going to be settled. CHAIRPLAN MER3{ILL: Anything further on this matter at this time regarding whether we should proceed? MS. SULLIVAN: No, sir. CHAI~ MERRILL: Any questions of the board to Code Enforcement on the matter of whether we should proceed in this matter today? Let me ask you this, then, hearing none from the -- from the board, witho~,t reciting chapter and verse of what you have done, which we would get into in a hearing, do we have -- has he been notified and do we have notice and everything for today? MS. SULLIVAN: Yes, for some time. CHAiP~v~N P~EKRILL: It is on our agenda and, Miss Rawson, I would ask you that it would probably take a motion with an affirmative majority vote of the board to remove it from the agenda? MS. P~WSON: You will have to actually make a motion to grant a .continuance. Could you tell me the n~T,e of the attorney again? MS. PASSMORE: It is attorney Glenn -- G-l-e-n-n, Paul. He apparently is part of the firm James, Zimmermann, Paul and Huddleson. MS. RAWSON: In DeLand, Florida? MS. PASSMORE: In DeLand, Florida. 'MS. RAWSON: I guess the answer to your question, Mr. Chairman, is that you would need a -- he has made a telephone request to staff that basically asks some men%ber of this board if you want to make a motion to continue the case. He's not here himself to make the motion on the record, so it would take a motion from one of you as to whether or not you want to continue the case, and that would take an affirmative vote. CHAIRMAN MERRILL: is there any member of the board who wishes to make that motion? MR. OXLEY: To continue the case? CHAIRY~kN MERRILL: Yes. MR. OXLEY: Yes, sir, I will make that motion. CHAIRMAN MERRILL: Motion has been made. Do we have a second? MR. DeVITO: I'll second. CHAIRMAN MERRILL: Motion has been made and seconded. Any discussion? P5%. OXLEY: Is that residence occupied? Do we know that? I think it was not. If it's not occupied, it's not really a big problem. MS. PASSM©KE: Not at this time, it is not occupied. MI~. OXLEY: Then it's not detrimental to the neighborhood, so ~it's not really a big problem. So we should be able to continue it Page 4 August 8, 1997 until they are at a point where they can do something about it. MR. BKADEEN: Mr. Chairman, I think staff's point is well taken. They have had plenty of time and it's just another way to continue it, calling at the last minute without a written request or anything. What do we gain by postponing it? MS. TAYLOR: I agree. CF~IRMAN MERRILL: Any further discussion on the motion? Hearing no further discussion, I will restate the motion. The motion is a motion by the board to continue this matter, I assume until the next meeting, which is approximately one month. It's been moved and seconded. Call for a vote. All those in favor of the motion to -- to continue, please indicate by saying aye. All those opposed? The chair is unable to determine the -- the actual count. If you would raise your hand. All thcse in favor of the motion, please indicate so by raising your hand. Let the record reflect two. All those opposed, please raise your hand. Let the record reflect three. Motion fails. Proceed with the matter. Code Enforcement, are you ready to proceed? MS. PASSMOKE: Okay. At this time to present the case will be Investigator Gregory (sic) Os$orio. I will advise the board that I have received the green card back after the packets were already issued to the board members. I did receive the green card back that all of the notices have been received and signed by -- the last one was signed by a Joy Geatches. MS. RAWSON: W~,at's the date on the green card? MS. PASSMORE: August 5th. MS. RAWSON: Thank you. CHAIRMAN MERRILL: Will you be marking that as part of your e~hibit to be offered today? MS. PASS"MORE: Yes. CHAIRMAN MERRILL: Okay. MR. OSSORIO: Good morning, board members. For the record, Michael Ossorio, O-s-s-o-r-i-o. CHAIRMAN MERRILL: Can we have him sworn, please? (Witness was sworn.) MR. OSSORIO: Good morning. CHAIRMAN MERRILL: Good morning. MR. OSSORIO: For the record, Michael Ossorio, again, from Collier County Code Enforcement. Unfortunately, I did not start this case. This was handed on to me last month, but as of 8/8/97, the property noted above is still in violation of 2.7.6, one and five, from the 91102 for no building permit. The place is vacant and it appears that he did enclose a carport and put another dwelling on -- onto it as well. MS. RANSON: At this time, I think, probably through this Page 5 16G 2 August 8, 1997 witness, I am sure the staff wants to introduce the packet that the board has received plus the new green card as the staff's Exhibit One or A. CHAIRMAN MERRILL: Madam Court Reporter, which do you prefer? Do you have stickers? One? MS. RAWSON: One. MS. SULLIVAN: As usual, your pictures aren't any good, and I have pictures if you want to see them. CHAIR/M3LN PIERRILL: From my point of view, I would like to see them and I am sure the rest of the board would. MS. SULLIVAN: The good news is I have been allowed to get my digital camera soon, and we're going to solve this problem. CF~IRMAN MERRILL: Miss Sullivan, are you at this time moving the packet that has been presented to the board as County's Exhibit 1 -- MS. SULLIVAN: Yes sir. CF~IRMAN MEKRILL: -- for purposes of this hearing? MS. SULLIVAN: Yes. CF~I~ PIERRILL: With the inclusion of the green card that you have? Is that also included that we haven't received yet? MS. SULLIVAN: Yes, sir, I would like to -- can I make that part of Ez~hibit 1 as well? CHAIR/W3dq MERRILL: You may. Could you pass that up, please? Any objection by any menzber of the board or anyone involved in Othis case as to the introduction of this exhibit? Hearing none, the exhibit will be received. MS. RAWSON: I think the record should probably reflect that the board members are all viewing pictures that have been taken by staff members of the property in question. They are now being passed through the board. CHAIKM32q MERRILL: Are the pictures part of your e~hibit? MS. SULLIVAN: We have to have those pictures back. I don't how to handle this. CHAIRMAN MERRILL: We will substitute copies of the pictures, but they are to be included in your e~hibit? They were moved in your exhibit? MS. SULLrVAN: Yes. MS. RAWSON: I think we have Xerox copies of those pictures in the exhibits. MS. SULLIVAN: They're in the packet; they're just not ve---y good. MS. RAWSON: Right. They are illegible and so I think that they are already in the exhibit in terms of the Xerox copy, but what the board is getting to look at is the real pictures. CHAIRMAN MERRILL: I think my suggestion was maybe we can lighten the Xerox and get a little bit better, for the record, not for our purposes. Is the green card still down there? Has evez-y member of the board seem the pictures? And I know the green card indicating service Ois making iT to the end. Anything else from Code Enforcement? Page 6 August 8, 1997 MS. SULLIVAN: No, sir. CHAIRMAN MERRILL: Is there anyone here to speak on the matter of Mark Geatches? Hearing none, at this point in time we will close the evidentiary portion of the hearing, and I am going to ask any member of the board if they have a motion regarding the -- this particular matter. MR. LAVINSKI: Yeah, Mr. Chairman, I just -- looking at the facts and this has been on the record, I guess, since 8/5/96, I would like to move that we -- they be found in violation as stipulated in the document. CHAI~4A-N P[ERRILL: We have -- well, we have a motion that they be found in violation. I think if we go down our findings of fact as indicated earlier in the packet, there's a sample in there, it will probably be cleaner for record purlDoses. I think the first thing that we need to find is that the respondent is the owner of the property; that the Code Enforcement Board has jurisdiction; we would find that the person %/~s not present and that all notices have been properly issued; first we need to find those findings of fact. Did you locate that in your -- MR. DeVITO: We have a deed with his name on it. CHAI~A~N MEKRILL: That may assist you in making the motion. MR. LAVINSKI: Do you want my motion to follow this? CF~IKMAN ~EKRILL: Yeah, we'll follow that format, more or less. MR. LAVINSKI: Okay. Back to my motion, then, I -- I make a motion the findings of the fact that Mark Geatches is the owner of the record property by a deed submitted to us in our packet dated May, 1996; that the Code Enforcement Board does have jurisdiction over this person of the respondent; and that Mr. Geatches was not present at the public hearing; and to include -- my motion to include all notices required by Collier County ordinance have been properly issued as submitted to us: and that the legal -- the real property legally described as 403 East Rich Ave -- oh, that's the respondent's address, sorry; that the real property is lots 28, 29, block 1i, Naples Manor Estates, according to the deed that's in our packet. And do you want the portfolio -- folio number? CHAIP-MAN MERRILL: No, I think we can just refer to what's in the packet. MR. LAVINSKI: Okay. And that the folio number as stated on the deed is in the packet. CHAIRMAN MERRILL: That is your motion for findings of fact -- MR. LAVINSKI: Yes. CHAIRMA~ PrERRILL: -- regarding this matter? MR. LAVINSKI: Yes, it is. CHAIRMAN PZERRILL: And would your motion also include the conclusion of law that it is in violation of the Collier County code? MR. LAVINSKI: Yes. CHAIRM..~N ~ERRILL: That is the motion, it has been moved, and is it seconded? MR. BRADE~N: I will second it. CHAIRMAN MERRILL: And seconded. Is there any discussion on the Page 7 OAugust 8, 1997 motion? Hearing no discussion, all those in favor of the motion indicate by saying aye. Any opposed? (No response.) CF~I~MAN MERRILL: Motion carries unanimously. At this time, we will open the discussion up to what remedy we should take on the property, and we'll hear from Code Enforcement as to their recommendation. MS. SULLIVAN: The -- what they need to do to correct the situation is to get a permit. We are recommending a fine of $50 a day after whatever time the board thinks is sufficient for them to get a permit. CHAIRMAN MERe. ILL: Okay. The recommendation by staff is to obtain a permit. The usual time, if they proceed diligently to obtain a permit, goes how long? MS. PASSMORE: About two and a half weeks. CHAIRMAN MERRILL: So 30 days is sufficient? MS. SULLIVAN: Thirty days should be sufficient. CHAIRMAN MERRILL: From the time that they're noticed? MS. SULLIVAN: Yes, and then the fines would start. We would bring it back to the next meeting for the fines to start. CHAIRMAN MERRILL: So your recommendation for action at this time would be to tell them to get a permit. They have 30 days to permit it Oor they may be subject to fines. MS. SULLIVAN: Yes, by 9/12, that's our meeting date. Make it 9/10'CHAIRMAN ME~RILL: Does anyone have any questions about staff's recommendation? How ' MS. TAYLOR: How long have they been told to get a permit? many months has it been since they have been told to get a permit? I see back here in September of '96, no permit was still pulled. This has been going on for months and months and months. MR. OSSORIO: Actually, the case was started back on 8/5/96. That's when the first investigator initially made contact on the property. MS. TAYLOR: And told them then they must get a permit, right? MR. OSSORIO: Actually, 8/20/96 she left a phone message for Mark to call the office, so it was 8/20/96. MS. TAYLOR: Well, they have been told to get a permit all these months. Do you think telling them one more time is going to make a difference? CHAIRMAN MERRILL: Well, I agree with you that they have been told and apparently have ignored it. The order of this board would have the effect in one month of almost automatically imposing a fine should we decide to do that. I think that we do have to give them some period of time to come in compliance with the order of the board as opposed to Code Enforcement telling them to get a permit. They could not -- if we ordered it complied with today, there is -- it's impossible for them O to do it. Miss Rawson, do you have any -- Page 8 August 8, 1997 MS. RAWSON: I think that under the circumstances of the fact that they are not here and that the attorney for whatever good or bad reason may have thought that his call was going to get him a continuance, and siDce they are not present here, I believe that a 30-day time is reasonable under the circumstances. That gives us time to get the order written, get the order signed, get the order to them, and gives her time to get the permit. And if she doesn't, $50 a day ought to bring some kind of compliance. CHAIRMAN MERRILL: I would ask Code Enforcement if this is the -- well, I'm going to wait on that. Do we have any more discussion on the motion? PEK. OXLEY: Is that 30 days from the verified receipt of that document or 30 days from today? MS. RAWSON: No, I think it's better always to put in the order a date certain. MS. SULLIVAN: I think it would be better to put it a couple of days before the next meeting. MS. KAWSON: And I believe Miss Sullivan suggested 9/10/97. CHAI~ MERRILL: I was going to suggest, and your question then brought it up that -- that Code Enforcement contact that attorney and advise them telephonically of our action today, should our action be to give them that time, because it will take some days to get a written order out and to them and that would delay their time. I think you can make a telephone call to them to do that. MS. SULLIVAN: Yes. For the record, we advised him that we would do that. We also advised Mr. Paul that we would bring this to the board and that we could not make any make guarantees as to the outcome, so he's aware that this case may have been heard today. -MR. BRADEEN: Would this be for the submission of the building permit or the obtaining of a building permit, because there could possibly be a problem getting the -- pulling the permit on it if he didn't submit the proper documents, so I am not sure what the motion or what the discussion is on the -- the recommendation, I beg your pardon. Is it after the obtaining that the fine would kick in or after submission for the building permit? MS. SULLIVAN: I believe it's feasible for the permit to be gotten in 30 days, finished. MR. BR_~DEEN: That's your recommendation? MS. SULLIVAN: Yes, sir. CHAIRMAN MEPd%ILL: Any further discussion on the motion? Okay. Restating, the motion is to -- the recommendation, excuse me, by staff is to give the respondent until September the 10th to obtain a building permit and thereby be in compliance with the code, correct? MS. SULLIVAN: That's correct. CHAIRMAN MERRILL: I don't believe anyone has made that motion. MR. BRAJDEEN: So moved. CHAIR/ViAN PIERRILL: The motion is moved. Seconded? MR. DeVITO: I'll second. CHAIRMAN MERRILL: Moved and seconded. We have had discussion. Page 9 16G 2 August 8, 1997 Any further discussion? MS. TAYLOR: When does the -- when does the $50-a-day fine kick in, the i0th? MR. BRADEEN: The 10th of September if I understood the recommendation or the motion. CHAIRMAN MERRILL: Is that part of your motion, because I did not state that in the motion? MS. SULLIVAN: No, that's a separate part. C~IRMAN MERRILL: I had understood, and please correct me if I am wrong, that if it does not -- is not complied with by our next meeting, which is two days after the 10th, at that time you are going to bring it up and suggest to us action to be taken regarding a monetary fine. MS. SULLIVAN: Right. CF~iRMA~i MERRILL: That's what I had understood. MS. SULLIVAN: Probably the easiest administrative way to do it would be to have, it must be done by the 10th, to give us time, you know, to verify that it's done or whatever and then have the impo -- or the fine to start on the -- the date of the board meeting. CHAIPdMA/q MERRILL: 12th? MS. SULLIVAN: Yeah, on the 12th, September 12th. CHAIRMAN MERRILL: I think Miss Taylor's question, then, is do we need to take care of that piece of business today or is that something Othat's going to come before us on our agenda on the 12th? MS. SULLIVAN: I will defer to Miss Rawson on that one as to how we can do that. MS. }LAWSON: Well, whichever is easier for staff. I think that you can go ahead and put in the order that it has to be done by 9/10Y97, and if it's not done, that the $50-a-day fine would start on 9/12. And then on 9/12, you can give us a status report as to whether or not it's been done so that the board will know whether or not we're collecting $50 a day or whether or not we're in compliance. CHAIRMAN MERRILL: So then -- MS. RAWSON: I think putting in the $50 a day in the actual order might inspire compliance. CHAIRMAN MERRILL: Then what I would ask any member of the board to do would be to add a friendly amendment to the motion to include the language cf a $50-a-day fine to be assessed beginning on September the 12th if the permit is not complied with by the tenant, would you accept that as a friendly amendment? MR. BRADEEN: So moved. CHAIRMAN MERRILL: And the second, would the second accept it, also? MR. DeVITO: Yes. CHAIRMAN MERRILL: Any discussion on the motion or the amendment? Yes, sir. MR. OXLEY: You said you were going to telephonically notify the attorney what's happening today so that they know tomorrow what's Ohappening. MS. SULLIVAN: Yes, we -- we will call them today and then Miss Page 10 4 August 8, 1997 Rawson will -- ~q. OXLEY: Because paperwork sometimes takes, you know .... MS. SULLIVAN: Yes. CHAIRMAN MERRILL: Any further discussion on the motion? Hearing no further discussion, all those in favor of the motion indicate by saying aye. Any opposed? (No response.) CHAIRMAn; MERRILL: Hearing none, motion carries unanimously. Any more on Case No. 97-0177 Ail right. We will now move to Board of Collier County Commissioners versus Robert and Greta Dobkin, Case No. 97-018. Staff, are you ready to proceed on that case? MS. SULLIVAN: Yes, we're ready to go forward with this case, however, there is a representative here for the Dobkins who would like to make a recruest to the board before we hear the evidence. CHAIRMA~ MERRILL: Very good. Miss Frank, good morning. MS. FRANK: Ann Frank representing Mr. and Mrs. Dobkin. We would like -- we would stipulate to the violation and the jurisdiction of this board, and we would request that they be given 30 days for the tenants to vacate the property, 30 days to remove the violation, and imposition of a fine thereafter. We have made arrangements with the tenant that they will be out by the end of the month, and the Dobkins are planning to come down at the end of September, after their crops are harvested, to remove the violation. CHAIRMAN MERRILL: Okay. We have a stipulation by the respondent. Staff, are you willing to accept their stipulation? -First of all, I guess the stipulation would be that they're stipulating to the -- MS. SULLIVAN: Violation. CHAIRMAN MERRILL: -- violation and then they have a request. So, I guess, are you willing to stipulate to the violation and forego the hearing on the matters of the finding of fact and jurisdiction? MS. SULLIVAN: Because there are tenants in there, I would, you know -- I am more likely to be inclined to accept that than if the property were vacant. However, for the record, I can't see why people who have known about this for a long time can't get these things done before the board meetings. CHAIRMAN M]ERRILL: I appreciate that. So is that an affirmative on the stipulation or a negative? MS. SULLIVAN: Yes, sir, it's an affirmative, grudgingly. CHAIRMAN MERRILL: Okay. We have a grudging affirmative on the stipulation. Let me make sure that I understand it and can restate it for the record. You are stipulating that your client is the owner of the subject property? MS. FRANK: Yes, sir. c~AIRMAN MERRILL: You are stipulating to the jurisdiction of the Code Enforcement Board? MS. FRANK: Yes, sir. Page 11 16G 2 August 8, 1997 CHAIRMAN MEKRILL: You are representing her here at this hearing? MS. FRANK: Yes, sir. CHAIRMAN MERRILL: That she has received all notices of the county ordinance 9280? MS. FRANK: Yes, sir. CHAIRMAN MERRILL: And that they have been properly issued, and that the real property as described in our packet and the packet that you have received is in violation of the ordinances that are indicated in the packet? MS. FRANK: Yes, sir. CHAIRMAn; MERRILL: So with that stipulation, do we have a motion by a member of the board to accept that stipulation and to make those findings of fact and conclusion of law? MR. BRADEEN: So moved. CHAIRMAN MERRILL: We have a motion. Do we have a second? Do we have a second on the motion? MR. DeViTO: I'll second. CHAIRMAN MERRILL: It's been moved and seconded. Do we have any discussion on that motion? Hearing none, all those in favor of the motion indicate by saying aye. Any opposed? MS. TAYLOR: Aye. CHAIRMAN PfERRILL: One opposed. The motion carries. Now I need to move into the matter of what we're going to do to rectify this situation, and you have a suggestion for us, and that was to give everyone 30 days to come in compliance? MS. FRANK: Thirty days for the tenants to vacate and thirty days to dome into compliance. CHAIR/4AN MERRILL: Same 30 days. MS. FRANK: No, an additional 30 days. I discussed this with Miss Sullivan. ~nd -- CHAIKMA~ ~.iRAILL: So it's a total of 60? MS. FRANK: Right. And then the imposition of a fine. Given the nature of th,~se individuals, they're farmers and they -- they have been up farming since March and they won't be finished until the end of September. CHAIKMAN MERRILL: Staff? MS. SULLIVAN: Miss Frank has asked me to recommend a $50-a-day fine. I think under the circumstances, if the board is going to allow this extra time, that the fine should be $250 a day if it's not in compliance. CHAIRMAN MERRILL: What is your position with regard to the time? MS. SULLIVAN: Well, if they're going to -- I don't believe that this can be permitted. There's no way to get an after-the-fact permit on this, so it's probably going to require removing the structure. Mil. OSSORIO: That -- that is correct. MS. SULLIVAN: And, you know, if they have to get the tenants out before they do that, then I guess it would take another 30 days. CHAIRMAN MERRILL: Is your client anticipating the z~moval of the Page 12 August 8, 1997 structure if that is necessary, also, the cleanup and removal of any debris from the property? MS. FRANK: Yes, I assume so. They're very neat people. I don't think -- CHAIRMAN MERRILL: I can't speak for the rest of the board, but I would -- but I would not vote for anything that did not include the cleanup of the property. Just knocking it down and leaving it is not going to be acceptable. MS. FRANK: I don't think that they would do that, sir. CF~IKMAN MERRILL: So, as I understand, what your request is -- and I guess you're agreeing to it with the modification -- is that we defer any monetary action for 60 days? MS. SULLIVAN: That is correct. CS~IRMAN MERRILL: But they have to have the tenants out in 307 MS. SULLIVAN: Yes. CHAIRMAN MERRILL: Have the violation abated within 60? MS. SULLIVAN: By -- by -- what's the next board date, Teresa? MS. PASSMORE: October 10th. MS. SULLIVAN: That's the date of the board7 MS. PASSMOFUE: We have ~ot September 12th and then October 10th. MS. SULLIVAN: I would suggest that it be abated by October 5th: October 10th is our next meeting. CHAIP~U~N MERRILL: By Octoker 5th, that's~ roughly 50 some days. And if that is not done, then on the date of our next meeting, or our meeting in October you, you're recommending a fine of $250 a day for every day thereafter that the violation continues? MS. SULLIVAN: Yes, to begin on October 10th. CHAIRMAN MERRILL: That's staff's recommendation. Do you have a position? MS. FKANK: Well, I would like to comment that I think the $250-a-day fine is pretty excessive. I know that my DUI clients pay $500, and I think DUI is more serious than a situation that has been done without a building permit. And let me relay the facts to you that my clients purchased the property in this condition, and they are trying to solve the problem. They're going to suffer a financial loss by buying a piece of property that they thought was fine and found out that it was not. They had a great deal of e~pathy for the tenants. There was an elderly -- two families, the children and the elderly parents downstairs, and they hesitated in removing them because the tenants had no way of finding another lodging. And the way we resolved this problem for the tenants to leave prior to the end of the lease, that they have given them the month of August as free rent to assist them in helping to find a new place to accommodate this Code Enforcement request, so I believe that $250 a day is rather excessive under the circumstances. CHAIRMAN MERRILL: What we need now is a motion from a men%ber of the board as to -- you have heard the recommendations of staff and also the requests of the respondent, and we need a motion as to what the board wants to do. Page 13 August 8, 1997 MS. TAYLOR: I make a motion that we follow Miss Sullivan's recommendation. CHAIRMAN MERRILL: That would be the 30 days for the tenants to be -- to vacate the property, to come in compliance by removal of the violation by October the 5th and a $250 fine. MS. TAYLOR: Absolutely. CHAIRMAN MERRILL: That is the motion on the floor. Is there a second? MI{. BKADEEN: I'll second it. CHAIRMAN MERRILL: The motion has been moved and seconded. Any discussion on that motion? MR. BRADEEN: Question, we set a date of October 5th: have we set a date for the tenant to be out? MS. SULLIVAN: I assume 30 days from today's meeting is what I was recommending. MR. BRADE~N: Should that be part of the motion, Mr. Chairman? MS. SULLIVAN: Yeah. CHAIKMAN ~ERRILL: I think 30 days from today's meeting would -- MS. P~AWSON: That would be fine. I believe that the attorney indicated to the board that they would be out by the end of this month, which is the first of September, and so that gives them an additional eight days if it was September the 8th. MS. FRANK: That's what the tenants have agreed to. Now -- MR. BRADEEN: I would like to see the motion state the date the tenant will be out so there's no question as to when the tenant is supposed to vacate. CHAIRMAN MERRILL: Do you have a date in mind? MR. BKADW~N: Whatever staff would recommend. I mean, it makes -- 3~ days from today or the next meeting is September 12th. Say September 10r, h which is what, 32 days from today. MS. FRANK: May I just make one comment regarding the tenant. I do -- have on occasion done evictions, and it's common knowledge that even though they have agreed that they will vacate by the end of August, if they do not, my -- my client is going to have to evict them. So I would prefer that the whole package be in terms of 60 days, because if they do not get out, it's not going to be my -- my client's fault that they did not. It will be my client's fault at the end of the 60 days if it isn't removed, but if, perhaps, they hold over one extra day or two extra days, that's not going to affect the whole scheme of the -- of this plan that we're trying to put into effect. MS. TAYLOR: Miss Frank, I come from up north and I know people don't farm year around. This star~ed 13 months ago. They have had all this time to comply and they have not done it. MS. FRA/~K: Miss Taylor, may I give you some -- a little bit of facts regarding the situation? They were told that they were in non-compliance because the downstairs had been enclosed. They looked into it. They tried to find -- the next step was to try tc find a contractor to pull a permit. There is a process that you have to go through. So they started Page 14 August 8, 1997 to do things and then came up against a brick wall and by the time they c~me up against the brick wall, they were up north. I mean, this doesn't happen -- when someone gets a violation, you know, they try to correct it. It's not that they did not do anything. It's that they couldn't do anything. And then they got themselves in a box with the tenant and a lease. MR. BRADEEN: WP. at was the brick wall? MS. FRANK: The brick wall was, sir, that they were unable to pull a building permit because -- MR. BRADEEN: It didn't comply. MS. FKANK: Well, at the time it was built, I believe it complied, but since the time it was done, the flood plain has been elevated, so now they could not do it today. If they had to pull a building permit today, they could not. If they had built -- pulled it back when it ,was built, they could have. There is several -- many -- several structures, my understanding, in the neighborhood that are enclosed, have building permits and are fine. This is just a building permit technicality. If the permit had been pulled by the prior owner who did the work, we would not be here today. MR. BRADEEN: We wouldn't be here today if they had come into compliance six months ago or eight months ago or a year ago. MS. TAYLOR: I still feel that 30 days, the tenants need to be out no longer on that. If they're not out, then it's -- it's the owner's major problem, and this all has to be taken care of within 60 days, period. MS. FRANK: Well, that's what I'm asking, Miss Taylor, everything be done by 60 days. If perchance one or two days they hold over -- you J ChOW, I believe these people are going to get out, but I can't guarantee that. I have seen too many times that people have made agreements that they don't follow, so I don't think my clients -- for those extra few days should be fined whatever the fine is going to be. CHAIRMAN MER/~ILL: Just -- if I can just interrupt for a second, it's my understanding the motion as it's on the floor is that no monetary fine would accrue until after the 60-day period regardless of what happens in that 60-day period. MS. FRANK: Okay. My understanding was that they were trying to amend your motion to say that there would be a fine if the tenants weren't out in 30 days. CHAIRMAN MERRILL: I have not heard that amendment. MS. FRANK: Oh, okay. CHAIRMAN MERRILL: But there is -- was that the tenants are to be out in 30 days as part of the motion, but the motion did not say that there would be a fine for each day after 30 days that they're not out. It said each day after 60 days that the violation continued. The violation is not the tenants. The violation, as I understand it, and I am not speaking for the board, is the non permitting. MS. FRANK: That's fine, Mr. Merrill. CHAIRMAN MERRILL: If I am incorrect, please -- MR. BRADEEN: I wanted just a date so it was clear to staff when Page 15 August 8, 1997 that house was to be vacated. I am under the same impression; the fine kicks in after 60 days. MS. FP3dgK: Fine. That's -- that's agreeable. CHAIRY-AN P[ERRILL: Any further discussion? MR. OXLEY: The owners should be given 30 days after the vacation of the tenant, because if they have a problem with the tenants leaving, it's not the owner's fault, but 30 days after the tenants do vacate, that's when it should kick in. CHAIRMAN P~EKRILL: As the motion is stated, that would apply. That would be no problem if the tenants are out at the end of the month. If the tenants are a holdover -- if the tenants are a holdover, you -- they could be in a position -- MR. DeVITO: Seventy days, eighty days. CF~IRMAN M]EKRILL: -- where they are -- they're being fined. I think that -- that your point is well taken. The other side of that coin is that this puts pressure on the property owner to get it done. MR. OXLEY: But as she has stated, if the tenant does not leave for 90 days, then what happens? I ~now you can eventually be evicted and whatnot, but you're talking about a f~mily. You're not talking about $1.98. You're talking about a f~ily, and I have the utmost regard for the family. CHAIRMA~ MERRILL: I ~ a little concerned about -- it's been brought up that the family, although intending to move, might not Omove; they might need to be evicted. If we don't have a deadline, I would think that, you ~now, it is potential that they -- an agreement could be reached between the parties that Miss Frank would not know about that you proceed with eviction against me and that will delay things even further. That is a remote perhaps, but it is a possibility, and I think we do need a deadline. Any further discussion on the motion? The motion restated, again, for purposes of a vote, then, is to give the property owner 60 days to come into compliance. The motion shall state that the tenant is to vacate the property within 30 days of the date of this hearing or by September the 5th, did we say, or 10th? M~. BRADEEN: September 10th. CHAIKMAN MERRILL: September 10th at the latest and that should the violation continue after October the -- they have until October the 5th to come into compliance, and if the violation is continuing at the time of our October meeting, which I believe is the 10th -- MR. BRADEEN: Tenth. CHAIRMAN MERRILL: -- then the property owner would be subject to a fine of $250 per day. Am I stating the motion correctly? MS. SULLIVAN: That's correct. CHAIRMAN MERRILL: That is the motion. It has been moved and seconded. Is there any further discussion before I call for the vote? Hearing no further discussion, all those in favor of the motion indicate by saying aye. k~l those opposed? (No response.) Page 16 August 8, 1997 CHAIRMAN MERRILL: Motion carries unanimously. Any further matters on that issue? Thank you very much, Miss Frank. MS. FRANK: Thank you. MS. SULLIVAN: Mr. Chairman. CHAIRMAN MERRILL: Yes, ma'am. MS. SULLIVAN: Could staff have five minutes, please? CHAIRMAN MERRILL: Take a five-minute break. It's now 9:20. We'll take a ten-minute break and reconvene at 9:30. (Break was taken.) CHAIRMAN MERRILL: All right, folks, we will call the meeting back to order. The next item on our agenda is the Board of County Commissioners versus Donald Arnold, Code Enforcement Board No. 97-022. Staff, are you ready to proceed in that matter? MS. SULLIVAN: Yes, sir. This case was brought to the board on the request of Mr. Arnold, actually. CHAIRMA~ MERRILL: Okay. Is Mr. Arnold -- MS. SULLIVAN: And there is -- he's here -- there is -- let me give you a little history here. There is one remaining violation and that is the excessive trimming. The other violations, I believe, have been cured; is that correct? MS. POLEN: Yes. CHAIRMAN MERRILL: You are Mr. Arnold? MR. ARNOLD: Yes, I am, sir. CHAIRMAN MERRILL: Good morning, sir. MR. AB-NOLD: For the record, my name is Donald Arnold and I am here representing West Coast Development Corporation of Naples which I own.- CHAIRMAN MERRILL: Where are we on this violation? MS. SULLIVAN: Well, it's staff's position that there is a violation with the excessive tree trimming. This item came to us on a complaint in Golden Gate and this -- this kind of thing -- I don't think we have had one before this board, but this -- this is always a problem, because people go out, as Mr. Arnold, and they hire licensed professional tree trimmers and then this is the result. What we generally try to do, if it is a property owner and this is the first time this has occurred on their property, we have a little letter that we send out and we say you have excessively pruned your trees, you know, you shouldn't do that, and we know you have hired licensed people. Please give us the name of the licensed person who trimmed your trees and let us try to educate that person and we will give you a year and see if these trees survive, as a first time courtesy. We were unable until a few days ago to get the name of the tree trimmer on this particular item. Had we known that, it's -- it's our position in these matters that the burden should be shared by the property owner and the person who did the faulty work. So this is where we are. I think Mr. Arnold thinks that it's a little excessive to require replacement of these trees, and Kim will tell you that the trees will survive. So this is kind of a policy Page 17 16G August 8, 1997 matter here, but I will let -- if you like, I will let Kim go ahead and present the case. CHAIRMAN MERRILL: Let me ask you this, Mr. Arnold, are you prepared to proceed today? MR. ARNOLD: Oh, I am, sir. CHAIRM~MERRILL: Then we will proceed. MS. POLEN: Okay. My name is Kimberly Polen. CHAIRMAN MERRILL: Yeah, anyone who is going to testify in this matter should be sworn at this time. You can just stand up, sir. (Speakers were sworn.) CHAIRMAN MERRILL: Thank you. MS. POLEN: Good morning. Kimberly Polen, Environmental Specialist II with Code Enforcement Department. On June 6th of 1997, staff observed four black olives and one oak trees (sic) that were excessively pruned in order to permanently maintain the growth at a reduced heigh!i and spread. Exhibit 1, if I may pass this around. This is a little bit more of the photographs taken on 7/11/97, which are also in your packet. You will be able to see this a little bit better, I believe. CHAIRM3%N MERRILL: Has Mr. Arnold seen that? MS. POLEN: Yes, these are the color photos. CHAIRMAN MERRILL: Why don't you show them to him first, please? MS. RAWSON: Why don't we introduce the packet into evidence first? CHAIRMAN MERRILL: Let me ask you this, Mr. Arnold, have you received the packet from Code Enforcement of -- M~. ARNOLD: I received a black and white of that. CHAI~4AN MERRILL: Okay. But with this there was some other writ-ten material, the notice of the violation and all of that. MR. ARNOLD: Yes, sir. CHAIRMAN MERRILL: You received that packet? Do you have any objection to its being admitted into evidence for the purposes of this hearing? MR. ARNOLD: Well, I think a lot of it -- I object to some of the things that are said in it. I mean, I object to what she said that it was done intentionally to stunt the trees. I mean, there's no -- I mean, I would like for someone to prove intent before we go any further. CHAIKMAN MERRILL: Other than the factual matters in there of why it was done or whether the trees will survive and things like that, but for the purposes of you being the property owner, for the purposes of notice of the hearing today, those matters in the packet, are you agreeing -- MR. ARNOLD: West Coast Development Corporation is the property owner. CHAI~4AN MERRILL: I understand, but you said you are representing them, so when I say you, I'm talking about who you're representing. MR. ARNOLD: No problem. CHAIRM~N MERRILL: Okay. So do you agree that those matters are Page 18 August 8, 1997 accurate and can be introduced at this hearing pursuant to that package? I am not trying to force you that way. I mean, we can have them do it evidentiary; it's up to you. MR. ARNOLD: Well, I think you need to do it evidentiary. I don't agree that I did anything on purpose. CHAIRMAN MERRILL: Okay. All right. Let's do that then. So let's have the proper foundations for these items introduced. If you want to mark the packet, please. The court reporter will give you an exhibit number. MS. SULLIVAN: What is the number on this one? COURT REPORTER: It would be exhibit one to this item. MS. SULLIVAN: Oh, okay. We would like to introduce that, then, as staff's Exhibit 1, the packet. Okay. Do you want to .... CHAIRMAN MERRILL: First of all -- regarding Exhibit 1, could you please tell us whether Exhibit 1 indicates who the property owner is and how you obtained that? MS. POLF2q: Exhibit 1 is -- demonstrates five pictures, five photographs, and the first photograph notes four black olive trees that have been severely pruned. The second photograph to the right of the first photograph shows an oak tree that has been severely pruned and noting the oak tree is about half the required height of a required tree. CHAIRMAN MERRILL: I don't mean to keep cutting you off, but that's not really the question that we need to get over at this point in time. Does the packet indicate who the owner is by virtue of deed or any other type of material? MR. ARNOLD: We have a deed. 'CHAIRMAN MERRILL: Are you agreeing that that deed is accurate, Mr. Arnold? MR. ARNOLD: Yes, sir. CHAIRMAN MERRILL: So for purposes of, again, introduction, the deed would suffice to indicate that the owner of the property is the respondent. Is there notice in your packet that has been sent to the respondent? MS. POLEN: Yes, there is. CHAIRMAN MERRILL: In what form is that notice taken? MS. POLEN: The form of notice was taken by a notice of violation. CHAI~4AN MERRILL: And how was that sent? MS. POLEN: That was sent by certified mail. CHAIRMAN MERRILL: Do you have a receipt? MS. POLEN: Yes, we do. CHAIRMAN MERRILL: Is that attached to -- to the packet? MS. POLEN: Yes, it is. CHAIRMAN MERRILL: And has it been signed for? MS. POLEN: Yes, it has. CHAIRMAN PIERRILL: Can you tell me who signed for it and when? MS. POLEN: Okay. Gina Tolson, on June 16 of '97. CHAIRMAN MERRILL: Mr. Arnold, do you agree to that? Page 19 16G August 8, 1997 M~. AR~NOLD: I agree to that. CHAIRMAN MEP~KILL: Okay. So for purposes of notice, then, that will be received in evidence. Is there -- you were about to tell us about some photographs, could you please tell me who took the photographs or how you have any knowledge what the photographs represent? MS. POLE/q: Okay. I took the photographs and I am knowledgeable of proper pruning standards according to the National krborists' Association that are referenced in Section 2.4.37 of the Collier county Land Development Code ordinance No. 91-102. CHAIRMAN ~EP~KILL: When did you take the photographs, ma'am? MS. POLE/q: I took the photographs in Exhibit 1 on July 11 of 1997'CHAi.q/q.~N MEPd~ILL: And are these photographs that are in front of me, the colored ones that you're indicating, a part of your exhibit that you have shown Mr. Arnold, are those the photographs or representations of the photographs that you took on that date? MS. POLEN: Correct. CHAIRMAN MSERRILL: Are these photographs showing the trees that are the subject of this violation? MS. POLEN: Yes. CHAIRMAN ~ZEFLRILL: Are you asking that these photographs be introduced as part of Exhibit 17 MS. POLE/q: Yes. CHAi~dq MERRILL: Mr. Arnold, do you have any objection to the introduction of these photographs? MR. ARC, OLD: ~o objection. CHAIRMAN MEKRILL: Then they will be accepted without objection. I'wfll start passing them down. Is there any other physical evidence that is part of the packet other than the staff's recommendations and what you have done on this case in a sense of a rendition of a report? Is there any other physical evidence as part of the packet? MS. POLE/q: No. CHAIRMAN MERRILL: Okay. Then at this point in time if you have any testimony as to what has been done in this case you may proceed. MS. POLE/q: No, I do not. CHAIRMAN MEtAKILL: Do you have any questions of her, sir? MR. ARNOLD: My question is under her affidavit, which is part of the packet, where -- CHAIRMAN MERRILL: could you -- go ahead. MR. ARNOLD: You should have it; it's the affidavit of violation signed by Kimberly Polen -- Polen. The fact -- respondent has been served I agree to. The premises were found in violation and the violation continues to exist in her mind. I don't agree to that. Number three, the facts and circumstances of the violation, it states here that she says the trees were severely pruned in order to permanently maintain growth at a reduced height or spread. And I object to that because it was not done that way. It was done in a course and a manner that we always have our trees cut back every year. Page 20 August 8, 1997 CHAIRMAN MERRILL: I again don't want to -- don't want to cut you off, but let me lay the -- the groundwork of how we operate on the board. It's somewhat similar to court where one witness would testify, then have the opportunity to ask her any questions that you want to ask her regarding what she has said, and then once they're done, then you have the opportunity to tell -- that's okay -- I just want to lay it out for you. MR. ARNOLD: This was part of her package and I just was -- CHAIRMAN MERRILL: We have not accepted that as part of the package. MR. ARNOLD: Okay. CHAIRMAN MERRILL: Okay? We have not accepted the entire package. MR. ARNOLD: If she wasn't going to do any testimony, I was assuming you were going to play with that. Thank you. CHAIRMAN MERRILL: Well, I asked her what she wanted to testify to and she -- she ended. MR. AR/%'f~LD: Okay. CHAIRMAN MERRILL: So you have the opportunity to ask her any questions about anything she's testified to or anything like that. If you don't want to do that, then what will happen is when they're finished, you'll get the opportunity to testify to anything that you want to testify to, and after that point, the board will take some recommendations and make a finding of fact, conclusion of law, et cetera, et cetera, okay? So do you have any questions that you want to ask her at this point in time? MR. ARNOLD: No, sir. CHAIRMAN MERRILL: So there's -- having no questions, do you have any %ther witnesses? MS. POLEN: No. MS. SULLIVAN: No, sir. CHAIRMAN MERRILL: Now is your opportunity to tell us anything you want to tell us about this. MR. ARNOLD: Well, basically, I would like to request that this affidavit be taken out of the packet since it wasn't introduced. CHAIRMAN MERRILL: That affidavit is not part of Exhibit 1 as has been received. MR. AP~;OLD: Okay. I have been in Naples 38 years. I have probably planted more trees and landscaping than evel-yone in this room combined, maybe by 10 times. I have been cited before for excessively pruning trees. I always hire licensed tree trimmers. They never ever requested the name of the licensed tree trimmer. I presented it to them when they did request it. A year ago, 18 months ago there were trees trimmed in the industrial park, identical trees. I delivered a copy of the pictures to each one of the members, at least I brought 20 packets over; I don't know if you received them or not. CHAIRMAN MERRILL: We did, sir, and at this point in time I think for your benefit and for the clarity of the record -- MR. ARNOLD: I would like to introduce those into the record, because those are the identical tYlDes of trees that we were cited for Page 21 August 8, 1997 a year ago, and I feel that they came back beautiful, they're beautiful trees. They're not cut in any way to severely prune them. They're cut to get them to come back fuller and stronger. If you think I am a land rapist, that's fine, but I don't agree to it. I said, I mean .... CHAIRMAN P[ERRILL: Let me ask you this, Mr. Arnold, what I have and I think every member of the board has are two photographs, both of which have a little tag on the bottom. And if the -- do you have a copy, staff, of these photographs? MS. POLEN: Yes, we do. CF~I~3~N MERRILL: You do? could you please give those to the court reporter, and we will mark those as Respondent's Ex~hibit I and 2, unless you have extra copies, Mr. Arnold? I<R. ARNOLD: Well, the top one in this -- in their picture is of the one in Gelden Gate Par~way that's already grown back. The bottom one is the one that was trimmed a year ago. CP~IRMA/~ MERRILL: I understand that. What I want to try to do is I w~nt the record for purlDoses of review to -- do you have extras or do you need -- MR. ~OLD: I have delivered -- I have got a bunch of different ones. Let's make sure we're using the right ones. CF~IRMAN MERRILL: Why don't you take the two that I have, hand those to the court reporter and have those marked as your Exhibits 1 Oand 27 MS. PASSMORE: Mr. Chairman, the court reporter should have copies of those in her book, also. CF~I~N MERRILL: Does she? Okay. Code Enforcement has -- sorry about that. -Those items having been marked Respondent's E~hibit 1 and 2: staff, you have seen those items, do you have any objection to their introduction for the purlDoses of this hearing? MS. POLEN: I need to walk over and look at them. Yes, they are identical to our exhibits. CHAI~4AN MERRILL: So you have no objection? MS. POLEN: Correct. CHAIRMAN MERRILL: Then those photographs will be admitted for the purposes of this hearing. Is there any other evidence that you wish to admit for the purpose of this hearing, Mr. Arnold? MR. ARNOLD: I have a copy of the occupational license of the tree trimmer that I hired. CHAIRMAN MERRILL: All right. If you wish to submit that, if you will mark that as Respondent's Exhibit 3, and I do note that that has been supplied to us in our respondent's package. Have you seen that, three? MS. POLE/q: Yes. CHAIRMAN MERRILL: Do you have any objection to the admission of number three? That will be admitted, also. Yes, sir, you may proceed. MR. ARNOLD: Well, at this time I would like to apologize for this all having to be before the board. I don't think it even belongs Page 22 August 8, 1997 here. Just to state again for the record, we professionally have our properties throughout the county -- I guess the taxes we pay are around half a million dollars a year. We professionally have the properties maintained throughout the county by licensed professionals, and when there were code violations of hedges that had died in the winter freeze that weren't replanted -- they weren't replanted until the summer rainy season came up so that they would live and they were replanted with hardier plants. We try to take care of all of our properties throughout the county, ~nd I just resent people saying that we're doing things to dwarf trees and stunt them when we're not. CHAIRMAN M]ERRILL: Questions by merabers of the board to Mr. Arnold? MS. TAYLOR: I have one. MR. ARNOLD: Sure. MS. TAYLOR: Even the best of surgeons mess up every once in awhile. And by these pictures, it looks like whoever trimmed these trees on Golden Gate Parkway really messed up. MR. ~KNOLD: I think the pictures that you see showing the growth in late -- late July shows that to be incorrect. I think the early photos look like they're really trimmed hard but they're -- MS. TAYLOR: But look at the length -- look at the length of the trunk on Golden Gate Parkway. Look at the length of the trunk on Mercantile. Those huge branches down at the bottom on Mercantile, they're still there. On the Par~way they are not, they're gone. MR. ARNOLD: Because the ones on Mercantile have been one year since they were trimmed. MS. TAYLOR: Now, those big branches didn't grow back in a year, Mr. Arnold; they couldn't. -MR. ARNOLD: Ma'am, I have -- I was cited for that and those pictures are identical. I can go and give you another set of pictures showing you what those trees looked like one year ago. MS. TAYLOR: A branch this big around grows in a year? MR. ARNOLD: There's not a branch that big around; that's part of the tree trunk. MS. TAYLOR: Look at the one on Mercantile. That bottom branch is very big around. It couldn't grow that big in a year. I know a little bit something about trees, too. MR. ARNOLD: Okay. M!q. BRA~DEEN: For clarification, how many locations are we talking about here? I see Mercantile and I see Golden Gate. MS. SULLIVAN: We're talking about the Golden Gate one only. MR. BKADEEN: That is the only one? MS. SULLIVAN: Yes, sir. MR. BRADEEN: And this whole thing is over four black -- what kind of trees? Are those oaks? MS. SULLIVAN: Black olives. MR. BRADEEN: This is all about four black olives? MS. POLEN: And one oak tree. ]~. SULLIVAN: And one oak tree. M]~. Ai{NOLD: May I introduce another witness at this time for a Page 23 August 8, 1997 second? CHAIRMAN ~fERRILL: Before we get into that witness' testimony, is there any other questions at this time of Mr. Arnold, and then we can have him testify? Mi~. ARNOLD: For clarification, the reason the other trees at the second site were shown is I was cited last year for that, too. And I wanted to show that the trees came back beautiful. MR. BRADEEN: Has this been ongoing? I mean .... MR. APuNOLD: It seems to be. I don't know. That's the reason i wanted to bring it here to get it over with. MS. SULLIVAN: This is a reason I introduced the case the way I did and stated that this may be a policy decision. I believe that Mr. Arnold is correct. I don't believe that Mr. Arnold intentionally did anything to the trees. This happens all the time. It's, you know, like I say, I believe it's a policy matter. Kim has stated to me that the trees will come back out. The problem is this is the way the ordinance is written. This is the complaints that come in when the trees are trimmed like this. And we -- you know, we gave people a first time chance, and I don't think Mr. Arnold really did intentionally do anything wrong, and he's right, the trees will come out. The question is, is this a violation according to the ordinance and, you know, if it's -- if it's incorrect or it's burdensome, maybe the ordinance needs to be changed, but this is what we're working lwith and this is what we're stuck with. This happens all the time. People do hire licensed people and -- and they have no control and the trees will come back, but in the meantime, the residents want something done about the trees. MR. BRADEEN: This wasn't your request of the tree trimmer? This was his decision? MR. ARNOLD: No, I had -- I had them cut back the trees on -- asked them to trim them normally, and cut the hedges and trim the trees because they start draping down and getting down into the -- getting low so you trim them up, and you cut them back so they grow back faster and fuller, just to make the site more attractive, even through it takes three or four months to get it back to that point. MR. BRADEEN: Are -- are they going to keep doing this now that you're aware that it's a violation of some ordinance somewhere? MR. ARNOLD: Well, for example, the trees on -- in the industrial park have to be cut back in order for trucks to get by, and if you don't cut them back, you will end up with a traffic hazard. I mean, but there's all kinds of reasons. Yes, I am going to continue to cut the trees and make the landscaping more attractive because every time you cut them, they come back fuller and richer. I have no problem with it. It's like pruning a rose tree -- bush. You prune it down to nothing and it comes back. MR. BKADEEN: Mr. Chairman, I've got to say I think this borders on the absurd. I understand the policy part of it. I am not suggestinq about that, but I mean four trees in Collier County. And Omy neighbors have these and they cut them every couple of years back shorter than this. I thought that's what you were supposed to do. I Page 24 August 8, 1997 have no problems with the -- with the ordinance, but it just seems like it's -- maybe staff should try to change the ordinance or something, because it just seems like four trees in Collier County doesn't seem like a big deal. CHAIRMAN MERRILL: Does anyone have any questions of Mr. Arnold since we still are in his testimonial portion of the hearing? Yes, sir. MR. LAVINSKI: Just one quick one, Mr. Arnold. Looking at this license, it's -- appears to be an occupational license. The person has no employees. Do you know if they're a licensed arborist or anything resembling that? MR. ARNOLD: He is a licensed tree trimmer, sir. MR. LAVINSKI: I guess that answers my question; he's not an arborist, then. MR. ARNOLD: No, I am not saying that. MS. SULLIVAN: Mr. Chairman, if -- if you have any questions of Kim as to what is required under the standards and that kind of thing, I think she can answer those. MR. LAViNSKI: Well, I guess my question is, when I look at this license, it doesn't appear on the surface of this license that this person is a licensed arborist or anything close to that. MS. POLEN: Yes, you're correct. It does not appear on that particular piece of paper. Licensed arborist is not required. CHAIRMAN M]ERRILL: Excuse me, before we go down that route, let's try to stay on focus and on task here. We are in the evidentiary portion of the hearing. Are there any more questions to Mr. Arnold about his testimony? Thank you, Mr. Arnold. Is there anything else that you want to tel~ us at this time? MR. ARNOLD: Thank you for your time. CHAIRMAN MERRILL: Do you have any other witnesses? MR. ARNOLD: Yes, I do. I would like to present Mr. Allen. CHAIRMAN ~<ERRILL: Please do so. MR. ALLEN: My name is Jim Allen and I have been doing Mr. Arnold's SDPs for the last several years, probably 30 or 40 of his SDPs. CHAIRMAN MERRILL: Would you please tell us what that means? MR. ALLEN: Site development plans. CHAIRMAN MERRILL: Thank you. M~. ALLEN: Wherein it shows the plantings, the hedges, et cetera, which is what you have to produce for the Collier County prior to permitting. And I am here agreeing with Mr. Bradeen. MS. RAWSON: If -- if I could interduct -- if I could interrupt you, Mr. Allen, I don't think we have sworn you in. MR. ALLEN: She did. CHAIRMAN MERRILL: He was sworn. MS. RAWSON: Oh, I'm sorry. I apologize. I know Mr. Allen to be a truthful fellow, but I just wanted to be sure he was sworn in. MR. ALLEN: You just couldn't see me stand up. MS. RAWSON: Sorry. Page 2 5 August 8, 1997 MR. ALLEN: Anyway, I am here today to try to agree with what Mr. Bradeen is saying. Maybe this can go away. Prior to Miss Sullivan being here and Miss Polen doing her thing, this has occurred every year when Mr. Arnold and his brother -- they have like roughly 800,000 square feet of properties in the industrial park that we are always modifying their site plans or landscaping plans, et cetera, for parking. This happens on an ongoing basis because as the county works -- when somebody trims or prunes a tree, somebody doesn't like it, somebody calls Code Enforcement, and Code Enforcement cites Mr. Arnold. So I have been not in front of this format per se, but with Mr. Kirby over the last year after year after year saying Mr. Kirby, we understand that you're doing your job because somebody made a complaint. And although it may look excessive today, let's look at it -- if it dies. then we have a problem. If the guy killed the tree or chopped it down, yes, that's -- we agree that's a violation, but as Mr. Arnold has shown right here, this same violation that occurred 18 months ago, obviously, this tree is back full, and this is the subject over on Arnold Avenue last year right across from -- it was the Cajun Hideaway then, a little restaurant -- and every time that someone drove in there going to -- what was it called -- what was the guy's -- if they drove the trucks into Defense Research, they hit this tree. So this tree was basically trimmed back because the tree limbs were hanging off the sides of it. Everyone says, well, it got cut back excessive, but that's not the case, and we can see this tree, Miss Taylor, that you were in question looked just like these other trees 18 months ago, but -- because I was personally there with Mr. Kirby whenever he was making the violation against Mr. Arnold. And that's all I'm here today saying, guys, you know, this is going to occur year after year so let's please look at revising this ordinance, because I think Miss Polen is doing her job, Miss -- everybody here is doing the right thing, but it's a function that every time somebody trims a tree and somebody doesn't like the tree trimming, they call the county, the county comes out and cites a violation, and that's why I am here today saying let's make this go away. Thank you. CHAIRMAN MERRILL: Thank you, sir. Does anyone have any questions of this witness? MR. BRADEEN: Mr. Allen, you said you agreed with me. I am glad after all these years we have found one thing we can agree on. MR. ALLEN: It only took us ten years. Thank you, sir. CHAIRMAN MERRILL: Anyone else have any questions? Do you have any questions of Mr. Allen? MS. SULLIVAN: Not at the present. Thank you. CHAIRMAN MERRILL: Are there any other witnesses that need to testify? Do you have any response to the testimony of either Mr. Allen or -- my mind just went blank -- Mr. Arnold? MS. POL~-N: Yes, I do. The county has adopted pruning standards Ofor trimming shade trees by the National Arborists' Association. And the type of tree trimming or pruning that occurred on the Golden Gate Page 26 August 8, 1997 Shopping Center happened to involve topping and topping destroys tree architecture; it causes decay in trunk, branches and roots; it depletes the energy reserves; it causes sun scald; it weakens the roots and causes vigorous sprouting; attracts boring insects and causes decay. General guidelines for trimming trees, you never top or hat rack a tree -- that means cutting its top off. You never over lift it, r~oving the lower canopy of a tree, and that's not in this particular case. The third general guideline is that you never over prune trees, removing over a third of the canopy. Poor pruning causes unhealthy trees and safety -- safety problems, and I believe you will find this general information in the pruning standards for shade trees which are referenced in the Land Development Code. And one more item, to answer your question about contractors' licensing. The contractor that worked on the project -- his name is Edward Rodriguez and he is a licensed contractor to trim trees. He has never been cited for a violation of trimming trees incorrectly in the county. In order to get a tree t~[mming and removal license today, you have to have a business and law exam, which amounts to approximately three -- one year of experience and two years of an exam at a cost of $72 for the license per year. Mr. Arnold was aware of tree trimming guidelines in his -- on his first case on the Mercantile project at 3506 Mercantile Avenue. He was given a letter stating that the county had proper trimming guidelines, so he should be knowledgeable of these guidelines. If not, his tree trimmer should be. Okay. Just to reiterate what 2.436 states in the Land Development Code. Pruning: Vegetation required by this code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety and welfare and shall be in accordance with pruning standards, revised 1988, of the National Arborists' Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by owner. A plant's growth habit shall be considered in advance of conflicts which might arise, views, signage, overhead powers, lighting, circulation, sidewalks, buildings and similar conflicts. The last sentence in this pruning statement basically talks about the plant's growth habit. For your information, a black olive tree has a height of about 50 feet with a spread of approximately 30 feeu. That's its natural growth habit. There are various ways to prune trees to keep them growing at a reduced height but still allowing them to reach their mature growth rate. A live oak tree has a height of approximately 50 feet and a spread of approximately 50 feet. I would like to show one demonstration or one exhibit -- exhibit. I would just like to show you one exhibit. The top of this -- can everybody see the top of this tree? It's a fairly full tree at the top of this piece of paper. At the bottom there's a demonstration of a 'topping is wrong." Basically, they have taken all the main branches off the tree. Page 27 t6G 2 August 8, 1997 The proper way of trimming a tree is to go into the tree and work towards balancing the tree with the main leader, and you can still eliminate a lot of the bulk of the tree but allowing it to go upward and outward. Oftentimes people say they have a problem because they have got signage. Well, when you top this tree, all you do is create multiple growth at each end of one of these branches, which -- which makes the new growth a much weaker branch and thus creating more of an unhealthy situation for the various reasons I read in the guidelines earlier. But there are techniques that can allow people to have trees in urban settings and accomplish a healthy standard tree, at the same time allowing what other types of aesthetic purposes they would like to achieve. That's all. CHAIR/4AA~ M]ERRILL: Thank you. Any further questions, any members of the board? Do you have any questions of her based upon what she's How did we -- how did we come about to find this just now said? M/q. DeVITO: violation? MS. POLEN: MI%. DeVITO: MS. POLEN: P[R. DeVITO: MS. POLEN: MR. DeVITO: How did we? How did you? It was a call. It was a call? Yes, it was a call in, sir. Last year it was a call, too? MS. SULLIVAN: Probably. MS. POLEN: Yes, one moment, please. I will check for you. Actually, it was on patrol, sir. M~. DeVITO: On patrol? - MS. POLEN: Yes. MR. DeViTO: Are you an expert in this field? MS. POLEN: Yes. MR. DeVITO: You are? MS. POLEN: I am not a certified arborist. CHAIFLMAN MERRILL: Any other questions? MR. BRADEEN: What was the -- you read the ordinance, the ordinance that an over trimmed tree had to be removed by the owner and replaced. MS. POLEN: Correct. MR. BRADEEN: But one of the problems of over pruning was it could possibly kill the tree, so the penalty is to kill the tree and take it out and put a new one in. It's not clear in my mind where -- what the -- would a determination be made that this is a tree that is indeed damaged and beyond hope or is this strictly penalty or punishment for the over trim? MS. POLEN: Okay. Under Section 1.9.86 requiring replacement trees, in the event the tree is severely pruned, constitutes a vegetation removal, and in this situation, the person has an option to continue to work on properly maintaining their trees through the Oproper pruning standards or they can replace them. So in other words, they can take them out and replace them, but there's still that Page 28 August 8, 1997 opportunity for replacement according to the regulation so they could opt to leave those existing trees in place and do off-site mitigation and that is referenced under 3.9.6.9. MI{. BKADEEN: Who makes that decision? MS. POLEN: That is up to the owner, how he would like to manage his trees, so we have had violations in the past where people opt to keep their existing trees as they are. We look on-site, are there any other opportunities to put trees, any other space for large trees to grow? If there are none, then he has the option to go off-site and plant trees in common, public areas. CHAIRMLAN M]ERRILL: Any other questions? Yes, sir. MR. OXLEY: Is there anything in the ordinance that says if a tree does become detrimental to traffic, get rid of it? MS. POLEN: There is a section in the code, criteria for vegetation removal, which a person can apply for a vegetation removal permit and tkat is reviewed on basic criteria, safety, health, welfare, and in the event that that is found to be true, they may r~move the tree, although there may be replacement trees required in terms of required landscape trees. So in other words, that person may have to have so many trees on their site that will have to be placed somewhere else on the property in the general vicinity to do the same kind of landscape requirement everybody else has. MR. OXLEY: Wouldn't that be an option of Mr. Arnold's to say hey, this tree is a detriment to traffic, can I get rid of it? Has he done this or will he do it? MS. POLEN: It's an option. Some people do come in because of signs, but the interesting situation pertaining to this case is that the Dne that was up against the sign was never hat racked. CHAI~D%N MEKRILL: Any other questions? I have one. Does the code define what severely means? MS. POLEN: No, not in a definition standpoint. CF~IP~MAN MERRILL: So each one of us is to apply our own definition of what severely means? MS. POLEN: Uh-huh, on the basis I would recommend of proper pruning techniques that are referenced in the -- in the code. CHAIRMAN MERRILL: Thank you. Any other questions? Both sides have in a sense already made their closing arguments, but for the procedure, does anyone want to make a closing? MS. SULLIVAN: Mr. Chairman, I would like to. CHAIRY2%N MEPd~ILL: Okay. Does anyone want to make a closing statement at this hearing? MS. SULLIVAN: First, I would like to ask Miss Rawson as to what I can introduce into the record that hasn't been introduced, please? MS. RAWSON: In the county's packet introduced into evidence are five photographs, the deed and the notice. The only thing that I specifically recall the respondent objecting to in your packet was the affidavit. I don't know whether he objected to the others which are the statement of violation, the description of the violation which Page 29 16G 2 August 8, 1997 includes part of the statute, the action description saying what the county has done. I believe we got the notice in. We -- that's three pages, and we got the pictures in, and you got the deed in. So the only things that I think he didn't specifically object to were the statement and the description and the action description and comments. So I guess we could ask him if he objects to any of those and then I think the proper procedure would be whatever he objects to, the board needs to make a decision as to whether or not they want to introduce those into evidence. CF~IRMAN MERRILL: Mr. Arnold. M~. ARNOLD: My question is, what are you asking to introduce into evidence now? MS. RAWSON: Everything else, Mr. Arnold, that is in that packet with the exception of the ones that were already introduced, which is five photographs, the deed and the three pages which indicate notice. MR. ARNOLD: Well, the statement of violation, again is making statements -- I object to it. The affidavit of violation I have already objected to. There was something in the -- well, besides the statement of violation, the affidavit -- besides the affidavit, the statement of violation and request for a hearing. I don't agree with what's said in it. MS. RAWSON: Okay. Then it appears that he's not objecting to anything else in the packet except the statement of violation and laffidavit, so we can introduce everything else into evidence except those two and then the board needs to make a decision as to whether or not to accept as exhibits into evidence the affidavit and the statement. CHAIKMAN MERRILL: Then we will look at the statement of vioIation and request for a hearing. Are you moving that into evidence? MS. SULLIVAN: Yes, I would like to move the rest of the entire packet, whatever is not objected to, into evidence. CHAIKMAN MERRILL: Whatever is not objected to except for these two items, then, without objection will be received. As to, then, the statement of violation and request for a hearing, your objection to this, Mr. Arnold, is the language, I assume, under paragraph two? MR. ARNOLD: Paragraph two for starters, yes. C}~IRMAN MERRILL: Okay. Without looking at this, and I don't -- MR. ARNOLD: Yeah, that's it. CHAIRMAN MERRILL: That is it? MR. ARNOLD: Yes, sir. CHAIRMAN MERRILL: Just paragraph two? MR. ARNOLD: Uh-huh. CHAIRMAN MERRILL: Okay. That would seem to be a conclusion. My impression is that we could admit the statement of violation including that with the understanding that that is merely the conclusion of Code Enforcement, not as an evidentiary fact that we necessarily have to ~o~low. l~fR. ARNOLD: Okay. I just don't want it concluded that this is the truth, because it's just not. Page 30 August 8, 1997 CHAIKMAlq MERRILL: I understand that. MS. RAWSON: I can advise the board that if you want to introduce the statement and/or the affidavit into evidence as part of the packet, which we commonly do, it doesn't necessarily mean that you believe that it is true. It's only that you are agreeing to have it in front of you to refer to as a part of the county's exhibits. You always have the authority as a board to decide what weight to give any evidence and this is no different. CF~IR/tAN MERRILL: Do you have a question? MS. TAYLOR: I do. Are you responsible for this tree being planted here? For these -- all trees? Are you the one that decided that this tree should be planted here? MR. ARNOLD: My landscape architect designed it and I approved it when it was built 15 years ago. MS. TAYLOR: Why would you choose trees like that that you have to scalp and prune? MIR. ARNOLD: Prior to the ordinance, ma'am -- all of these trees were put in prior to the ordinances being written -- in both cases. It's all bologna in the first place. I mean, these trees were what were recommended by the county back in the early eighties. They were planted in 1983. You know, why would I do that? Because I hired landscape architects that took the county's code and what the county asked for, and back then it was mainly black olives. The trees on Mercantile Avenue were planted in 1970. MS. TAYLOR: And they're supposed to be how tall? MR. ARNOLD: They're not supposed to be any height, ma'am. They were planted prior to code. Those were planted as my thoughts to make the property look better. They're not under this case, anyway, but ~asically the trees that we're talking about in this violation were planted in the early eighties prior to this code, subject to what my landscape architect recommended and the county approved. CHAIKMAN MERRILL: As to the statement of violation and request for a hearing, we need a motion for the board whether to accept this as evidence at this time. MR. BRADEEN: Is this just on the affidavit? CHAIRMAN MERRILL: This is just the statement of violation and request for hearing. We haven't gotten to the affidavit yet. Take them item by item. MR. BRA/PEEN: I move we accept it. MR. DeVITO: Second. CHAIRMAN MERRILL: Moved and seconded. Any discussion? All those in favor' indicate by saying aye. Opposed say same. (No response.) CHAIRMAN MERRILL: The statement of violation is moved into evidence. As to the affidavit of violation, can I have a motion to include that and accept that into evidence or not? MR. BRADEEN: I move we accept it. CHAIRMAN MERRILL: It's moved to accept the affidavit of Page 31 16G' August 8, 1997 violation. Is there a second? MR. DeVITO: Second. CHAIRMAN MERRILL: There is a second? Moved and seconded. Any discussion? Hearing none, all those in favor indicate by saying aye. All opposed, say same. (No response.) CHAIRMAN MERRILL: Hearing none, that is also in evidence. Is there any further closing statement that either one of the parties wish to make? MS. SULLIVAN: Yes, sir. I would just more or less like to reiterate what I said before. And the reason I am bringing this up is -- you know, perhaps -- perhaps the ordinance does need to be changed. Perhaps the ordinance doesn't need to be changed. There are two distinct groups out there and the neighborhood associations that I am now working with, they're putting landscaping on the top of their list. These cases are going to be coming before the board and there's going to be a lot of these cases coming before the board, and I would just like to give the board a heads up as to policy decisions that you make on this. I agree with everything that -- that Miss Polen said. I agree with everything that Mr. Arnold said. This is an ongoing problem. It has been an ongoing problem for years. When I first came here, before tKim was on my staff, people were feeling that, you know, the -- the ordinance was strict. We have tried to mitigate. The letter that I referred to in the packet -- well, you know, if you're unaware of the ordinance, let's give you a year; let's work with you; let's not be hard core; let's see if these trees survive. These trees are going to sur~;ive. The question is, this is the ordinance that we have to deal with and I think this board today is going to make a policy decision as to whether there is a violation of this kind of thing or not. CHAIRMAN MERRILL: Mr. Arnold, do you have any final comments that you wish to make? MR. ARNOLD: No, sir. Thank you. CHAIRMAN MERRILL: Okay. MS. RAWSON: I would just like to advise the board of one thing. Based on Miss Sullivan's comments that you're making a policy decision today, I ask you to think about this because you are actually, based on her comment that we're going to have a lot of these cases, setting a precedent. What we can do today, you can't change your mind and do something different next month or the month after that. I mean, you can, but I would strongly advise you not to do that, so you are, in fact, setting some policy here today, so think about your decision. CHAIRMAN MERRILL: Thank you, Miss Rawson. At this point in time I will call the evidentiary portion of this hearing to a close and open the floor up to the board for discussion. MS. TAYLOR: Well -- MR. BRADEEN: Mr. Chairman, the four trees on their own sound very simple, but I think the fact remains that there is a violation of the existing ordinance, and I think what concerns me, Mr. Arnold, is Page 32 August 8, 1997 your intention not to comply with it. I think that's a good way of bringing the spotlight on it, because I think staff should look at that, but -- MR. ARNOLD: I think the trees are going to come back so I don't think -- I don't think I did anything against the ordinance. They say I hat racked them; I didn't. I disagree with that. We both agree and disagree on what we did. MR. BRADEEN: Right, right. I am also, Mr. Chairman -- your -- your question on severely, I think it was, pruned is a matter of interpretation. It's like a law to me that doesn't make a lot of sense, but it's there and I guess we all should to have live by it. But I do think, Mr. Arnold, you have to abide by it like everyone else. MR. AP~NOLD: Have I violated the law? CHAIRMAN MERRILL: Any other discussion amongst the board as to the facts an~. circumstances involving this matter and conclusions of law? MS. TAYLOR: I agree with Mr. Bradeen. This doesn't apply to one or two, it applies to everybody. Everybody must follow the rules.' CHAIRMAN M]ERRILL: Anyone else? MR. OXLEY: I think it all boils down to what I have previously been saying. Get out the ordinance, look it over, discuss it and change it so that it comes in accordance with what everybody is agreed to. You do have an ordinance here obviously that people do not agree with. Are the rights of the individual less important than the rights of a tree; I don't know. If the ordinance is, then I guess it is. CHAIRMAN MERRILL: Anyone else? M~. LOCKkLART: I will make a comment, being quiet, the National Arborists' Association, that directly is adopted by the Land Development Code, what is the last time they were reviewed, because I find a glaring concern about not trimming trees or trees having growth habit consideration in advance of overhead power lines and that's a safety issue. I don't think that should ever be the case, so there's some concerns about what the guidelines are within the National Arborists' Association. I think the ordinance does need to be looked at. In reference to trees inside shopping centers, whether it is that you're trimming them because you want your building to be visible, the stores to be visible, signage, we're trying to mix the two. Trees that are out in ~he woods with paving and development. I think there needs to be a balance that if you can't see the buildings, you need to trim trees or you need to relocate trees so you can see the buildings. If the code requires so many trees that you're forcing the two to intermix, there needs to be some balance between the two. It's not just seeing the building, also, it's people such as I who at six foot plus can't walk without having the trees in our way if they're not cleared up to an eight foot height. So, you know, the example of one tree in the shopping center, I can see that clearing it from the ground up six, seven, eight feet is reasonable inside the shopping center. I don't know that you can write code specific eneugh to tell everybody what you can and can't do, so I don't think amending the Page 33 16P 2_ August 8, 1997 code is necessarily the answer. I think it's up to maybe this board to d~termine that this is not a valid violation and based on the precedent that's set forth and we don't worry about the code. CHAIRMAN MERRILL: Any other comments? MR. BRADEEN: Can I ask you a question, what you just said? You said something very interesting. Are you saying in this particular case that perhaps we should say that this isn't significant enough to be a violation? MR. LOCKY, ART: The only comment that I haven't gotten real clarification on -- I have a concern about the topping of the trees because to me the trees appear to be trimmed so you can see the building, so you can walk through, so trucks don't hit them. Now, why would you top off a tree to have -- MR. ARNOLD: They weren't topped, upper growth. MR. LOCK?JJ{T: I don't understand and I don't agree with that being done, so if there is a violation in that regard, there needs to be some maybe agreement it won't happen in the future, leave it at that. CHAI~4AN MERRILL: Any other comments? I have some concerns and I guess this is more directed toward Code Enforcement than Mr. Arnold with the presentation of the case. I have a problem, a definitional problem as my question indicated, with _the word severely. I think that is vague and it doesn't perhaps give froperty owners and even licensed tree trimmers enough guidance to how ar back severely starts when you start cutting trees. It does have exceptions to the cutting of vegetation to allow it where it's necessar~ to promote health, safety, and welfare. I think that that's fairly clear, however, in this case I heard no evidence to indicate thau that either was or was not the case, that there was no necessity to cut the trees for the health, safety, or welfare. I heard no evidence in this case that anyone actually went up and looked at the trees other than taking photographs of them, didn't hear any evidence that they went out and looked at the trees other than taking photographs of them to indicate the proper pruning standards, et cetera. I wonder if, with all the evidence in front of us, and just looking at the evidence of the testimonial portion that we have actually -- and I have got a concern that we have actually proven a severe pruning of the trees. That's where I am coming from. And I do tend to agree with Mr. Bradeen that, you know, we maybe making a mountain out of a molehill, but then again, you're telling us that there's a lot of these in the pipeline, and -- and I do commend Mr. Arnold for bringing it before us so that we can -- he can get some final -- hopefully final -- MR. ARNOLD: Once a year I have to fly back and do this. CHAIRMAN MERRILL: Definition on what he should do with his property. My personal opinion and -- is that now having heard this with the hearing, et cetera, you know those trees will come back or we ;elieve that they will, so that is a problem that we don't have to Lddress, apparently. The trees will be there. Page 34 16G 2.' August 8, 1997 Any further pruning of any trees on your property or at anyone else's property should be within the compliance with the statute or the ordinance. I don't believe that there's any question as to -- as to that. But whether or not there's a violation as presented under the facts of this case, I have a serious doubt. Whether there actually is a violation out there, there may be, but I am only looking to the facts that were presented at this hearing, and at this hearing, I have a doubt as to whether or not a violation has been presented under what the code says. COURT REPORTER: I'm sorry, I need to interrupt you to make a paper change. CHAIRMAN M~RRILL: Paper change. Are you ready? Back on the record. Mr. Bradeen, did you have a comment? MR. BRADEEN: I was -- if you were ready for it, I wanted to make a motion. CF~I~N MERRILL: Is there anyone else on the board who wants to add to th~ discussion? MR. LAVINSKI: Just a comment. Mr. Arnold says he didn't top the trees. I think these color photographs -- there's an oak tree that barely makes it to the top of a car, and there are o~her iimbs in these other trees. Now, if that's not top cutting a tree, I really -- you know, I think we have to hold -- if these pictures are true, then that -- those trees have been top cut. CHAIRMAN MERRILL: Thank you. I just -- I have seen those pictures. I guess, again, this is kind of my concern to Code Enforcement, and I don't know how you get around this, but there's no indication what the trees looked like before. MS. POLEN: A standard size tree, sir, when you put it in is eight feet with a one and a half inch caliper one foot above the ground. This tree does not -- I venture to say it doesn't pass five feet. MR. ARNOLD: If I may interrupt? CHAIRMAN MERRILL: One second -- just one second and I will let you do that. I understand what you're saying, standard size. What, you know, whatever could have or should have been done. But what this board has to look at is what, in fact, was there originally and we just don't have that evidence here today in my opinion. MR. ARNOLD: If I could just add on, that oak tree is not one of the required trees within there. It just happens to be a tree that was there. It's not planted to meet the requirements. CHAIRMAN MERRILL: We are -- thank you. M~. ARNOLD: It's just a small tree that was sitting there. If it had been planted, it would have to be a lot, lot bigger, Mr. Chairman. CHAIR~_kN MERRILL: We have closed the evidentiary portion, so we'll not be taking any more testimony in this case. Is there any other comments before -- before we entertain motions? Yes. MS. TAYLOR: I have one. Why -- why do they not stop =!.lowing Page 35 16G 2_ August 8, 1997 this type of tree to be planted where they have to be cut and mutilated like this? Why don't they stick to, say Cocos Plumosa or something that goes straight up and we don't have this foliage? MS. POLEN: In this case, like Mr. Arnold said, he had a site development plan designed and his architect, landscape architect, designed the plan with the type of material that he wanted to plant. The county does have a requirement as to how many native trees that you must plant in your landscape, a percentage, but he had the ability to plant other types of plants. He planted these trees in the early eighties. Black olive was a pretty popular landscape plant at the time. The county did not tell him to plant a black olive tree. CHAIRMAN MERRILL: Any other comments before motion? Entertain any motion. MR. BRADEEN: Mr. Chairman, following up on your comments, I think they are very well taken. I -- I agree that there isn't a preponderance of the evidence. I would like to make a motion that a violation does not exist in this case. CHAIRbt~N MERRILL: Would you accept a friendly ~endment to that? MR. BRADEEN: Absolutely. CHAIRMAN M]ERRILL: That a violation hasn't been proven? MR. BRADEEN: Absolutely. CHAIRPLAN M~RRILL: That is the motion. MR. DeVITO: I'll second it. CHAIRMAN MERRILL: It has been moved and seconded. Any discussion on that motion? Any discussion? Hearing no discussion, we will call for the vote. Ail those in favor of the motion indicate by saying aye. Ail those opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Thank you. MR. ARNOLD: Thank you, gentlemen. CHAIR/4AN MERRILL: Moving on to the next matter, Code Enforcement Board Case No. 97-023, Board of County Commissioners versus Robert E. and Irene Cadenhead. MS. PASSMOKE: If I may, Mr. Chairman. CHAIRMAN MERRILL: Yes, ma'am. MS. PASSMORE: Along with Investigator David Hedrich, my supervisor -- immediate supervisor, Ed Morad have all spoken to Mr. Cadenhead. He previously had a very important meeting set this morning with the Department of Environmental Protection. We had, apparently, amongst all four of us, asked that the case be put on the next agenda where Mr. Cadenhead also has another violation that we will be bringing before the board, so we can keep both cases together for Mr. Cadenhead to appear at one time. CHAIRMAN MERRILL: Okay. Recommendation of staff is to, say, continue this matter one month until the next meeting. I will consider that as a recommendation as part of a motion and ask if there's any objection to that? No objection to the motion? We will O:ontinue this matter until next month. Moving on to new business, Code Enforcement, you had some new Page 36 16G August 8, 1997 business. MS. SULLIVAN: Yes. The last few meetings we have been discussing the problems we're having with due process, and it was suggested that we try to use process servers, which I have cleared with the County Attorney and he has no problem with that. We have come up with a due process checklist that six months -- six weeks before the meeting, we try to get notice to these people, and what we're doing now is we are sending it certified mail. We are sending a follow-up plain -- what do you call those -- regular mail, whatever that's called. We are at the same time posting the notices of violation, posting the property in the event we can't go out and -- first we try to hand people things. We try to find them and personally hand them and have them sign for them, but I was in the -- in the course of reviewing the materials for the citation procedure that went through the board Tuesday, I was looking at Chapter 162.12, which has to do with notices, and number two says in addition to providing notice as set forth in sub~ection one, which is certified mail, at the option of the Code Enforcement Board, notice may also be served by publication or posting. I would ask Miss Rawson if it would be possible to get a blanket approval for me to go ahead and use these other methods so I don't have to send certified mail when it doesn't come back, come to the board the next month and ask for permission to use these other methods, when what I am trying to do is use all methods at the same time in order to move these cases here. MS. PASSMORE: What was the cite. MS. SULL/VAN: 162.12(2). - CF~IRMAN ~ERRILL: You're talking about Florida Statute? MS. SULLIVAN: I'm sorry? CHAIRMAN MERRILL: That's Florida Statute? MS. SULLIVAN: Yes. CHAIRMAN MERRILL: Yeah, I think that's also repeated in the ordinance and I think also our regulations; I am not sure. MS. SULLIVAN: I just don't want somebody to come up here with due process claims over something like this when I'm trying to notice everybody every way I can to speed these cases up. CHAIRMAN MERRILL: I would think that the way you would want to do that -- I'm not telling you your business, but I would think that one of the ways to do that would be to send the certified mail and if it comes back, then -- then either at your option, post it and/or publicize it. MS. SULLIVAN: Yeah. The problem is, it's taken us so long for some reason to get these certified mails back and sometimes when we get them, we don't have 15 days left to notice the people even though we start six weeks ahead. So just as a courtesy -- you know, just as a course, I have been going out. If nobody is home and we can't find if anybody lives there, I send the certified mail. I have a copy posted if it looks like nobody is at the house, on the house, the notice of hearing, just Page 37 16G 2 August 8, 1997 as an extra, you know, whatever I can do. And then when you get into advertising, we're talking four weeks so it's a time thing. CHAIKMAN MERRILL: I guess my only concern with that, and other members of the board, please share your thoughts with this, is we take a vacant piece of property that is -- you know, not within the municipality, in other words, not in the city type of location, and we post that property. It's likely that if it's vacant, the owner or even anyone else for that matter might not come within 30 days or even 60 days to see the posting, and although that might technically constitute notice, I wonder whether or not it -- in that case, out of an abundance of caution, you might not want to publicize it through publication. It's just a thought, not a recommendation. MS. RAWSON: Well, as I read 162.12, it says all notices shall be provided by certified mail, by hand delivery or by leaving it at the usual place of residence with any person over 15. In addition, you can publish it or post it. So I think if you did both, and one didn't work, you ~nuw, you can do both at the same time. I don't think you have to wait until the green card doesn't come back to do it. MS. SULLIVan: No, that's -- we're -- we're doing everything at once. I just saw this notice and this provision in here says at the option of the board, and I thought if I have to come back every month when I don't get something back, but I will tell you the reason that we don't advertise until we try everything else is the last one was 600 for a case. CF~Ipd~LA/~ MERRILL: I was going to ask you how much does the advertising cost versus your manpower? MS. SULLIVA/~: Oh, you know, we go -- yeah, we'd go ahead and advertise for four weeks if that -- if it weren't so expensive. ' MS. RAWSON: It's ve~t ex~pensive to advertise in the newspaper, Mr. Merrill probably Knows, and you have to do it for four consecutive weeks. But the other thing they say is or posting. MS. SULLIVAN: So my question to the board is, you know, can -- can I get some kind of okay from the board that you can use all of these methods at the same time or as you need to use them? It's just the way the statute is written that I had a concern. CHAIRMAN MERRILL: Miss Rawson, if we do need that, do we need then to modify our rules? MS. P~AWSON: It's not in the rules. CHAIRM3d~ MERRILL: I know it's not, but if we were to agree with that, have sort of a standing order saying that in addition to your -- MS. RAWSON: That's probably a very good idea, and, also, I am trying to -- as I will tell the board in a minute -- talk to Mr. Yovanovich, the attorney for the north board, occasionally, so that we can do things in a consistent manner, and if you are going to pass some kind of a standing order like that, maybe we can put it as an amendment to your rules and I think the north board ought to do it, too, so that the Code Enforcement officers know that the north and the south are doing the same thing. I don't see any problem with doing Othat. Under the statute as I read it, you can Dost it, you can publish it, you can send out the process server, you can send it by Page 38 August 8, 1997 certified mail with return receipt requested, and then you have got to present evidence that you have tried to do all of these things and which one of them actually worked so that you're not always stuck with the fact that we didn't get the green card back and so, therefore, we can't do it today, we have to do it again next month. So -- but it does say at the option of the Code Enforcement Board, so I think you have to put that to a vote. CHAIRMAN M~RRILL: Anyone on the board have any opinions on that? MR. LAVINSKI: I think we ought to do something to help simplify the process and make sure that each case that gets to us has been done properly and with the proper notices. CHAIRMAN M~RRILL: If I make -- may make a suggestion, I think the sense of the board is to go along with what staff is asking for; am I correct? Miss Rawson, if I could ask you, I guess, to get with the board counsel for the north board and to see if they can also -- and I am sure, Miss Sullivan, you're going to bring that up to them, too -- we can get some uniformity, and perhaps just amend that into our rules, come back next month, if you can, with a recommendation of what we could adopt. MS. SULLIVAN: Yes. When I was preparing for this citation ordinance I was getting some, you know -- looking at all of these statutes and how they work together and -- and so forth and getting some costs together to show how much the citation procedure -- and I figured at a minimum, it probably costs a little over $200 for each case before the board. And when we have these problems and we have to delay, it's killing me. But the north board has asked me for some idea of how much this board and, you know, everything that staff does is costing. I am getting something together for them so if you would like, I will bring that back as an informational matter for you to do at =he next meeting. CHAIKMAN MERRILL: Yes, I think that would be something we would be interested in. I think one of the members of the board also indicated, you know -- you want to go ahead with that? MR. LAVINSKI: Yeah, I would like to request, Linda, of your organiza=ion under the -- item seven on our agenda, the reports, could we get some sort of report about the cases we have acted on? Take today for example, 30 days for the tenant to leave, 30 days to get rid of the violation, and then you're going to get a $250 fine. Could we get a short -- MS. SULLIVAN: Yeah, we do -- I do an in-house monthly thing for the division for Mr. Cautero to have for advisory groups and everything. I can beef that up a little bit on that section. We always put a code Enforcement section in there as to the cases, the number of cases the two boards have heard and the disposition of the cases, so that information is pretty much already available to me in the office. If you would like, I can start adding that. It doesn't take much room on the agenda. ~LK. LAVINSKI: I would like to see something, a status of what's happened, did they comply, did we collect money. Page 39 August 8, 1997 MS. SULLIVAN: Right. That's what we're doing. MR. LAVINSKI: Some results of our efforts here. MS. SULLIVAN: Sure, we can add that to your packet. MR. LAVINSKI: Thank you. CHAIRMAN MERRILL: Any other new business? M~.. DeVITO: Yes, can I request that you tell your investigators that when you take before and after photos, let's say in January, take a photo of this house and some violation, if I go back again, like in June, try and take the same picture at the same angle if you can, you know. This way when we match them, I really can see, you know, because if you start turning it, I don't ~now, I'm looking and I'm saying is this the same house and are we standing? Especially with rubbish. I seen one of the pictures and I said gee, this was last year a_nd then we c~me back this year and did it, and I said the picture now is from a different perspective. MS. SULLIVAN: It's pretty difficult to get good with the Polaroid. Acain, I say, I hope my digital camera will help. One of the capacities the digital camera has is it will take like a hundred pictures. The investigators can come back in and they can download them and nuke all the pictures they don't want, so they're not wasting any film and they can take, you ~now, a lot more pictures that than we can afford to take to get a good one now. CHairMAN MERRILL: Sounds like that's being worked on. Any other new business? Moving into old business, Jose Luis and Lucila Catete. MS. SULLIVAN: This is a case, you will remember, that had the trailer on it, the mobile home on it, that we thought needed to be boarded up and/or removed. We had tried to get bids to board the structure up immediately. We would go out there one day and it looked like somebody lived there. We would go out there the next day and it looked like nobody lived there. These people, we understand, have all gone out of the country, so having passed the 15 days, not being able to find out whether there was a tenant, because, you ~now, we thought we should give the tenant -- tell the tenant you need to leave, we're going to board up your house or remove it, as a courtesy to the tenant. We have gotten three bids to go ahead and repair the structure, because I believe the order was remove or repair within -- if we couldn't you know, after the board-up, to remove or repair. I saw no point in wasting the county's money boarding it up and immediately going back out and getting the money to repair it, so we have just gotten the bids to repair and that should be done within the next two weeks. CHAIRMJkN MERRILL: Any questions by any members of the board? MR. BP3dDEEN: What happens then? What happens to the property then after it's repaired? MS. SULLIVAN: Well, it's a mobile home. This is -- this is kind of a problem, you know. We will put whatever -- we'll abate it at the county's expense and put whatever kind of lien, if any, that we can ~ut on the property. I think one of the bids were like from two ~seventy-five to six seventy-five or something like that to repair. Page 40 August 8, 1997 It's not going to be a really big, big kind of thing. M~. BRADEEN: But it will still be left -- left there? MS. SULLIVAN: Yes, because, you know, I don't know that we have the authority to remove it and/or dispose of it. CHAIRMAN MERRILL: I think this was the one that the windows were broken and the door was broken -- structurally defective. MS. SULLIVAN: Yeah, yeah, we go out there one time and try to, you know, tr~y to find out if anybody is living there, and they came in, and I don't think they were relatives; they weren't paying anything, any rent, whatever. Maria is more familiar with it. But we do know that we never could find the address or the people in Mexico. CHAIRMAN MERRILL: Any other questions? Thank you. Elizabeth -- MS. SULLIVAN: I will put that -- excuse me, I will put that back on for -- CHAIRPLAN MERRILL: Update. MS. SULLIVAN: -- old business just to let you know what happened next month. CHAIRYw1N M]ERRILL: Okay. Elizabeth Anton Trust. MS. RAWSON: I just handed your letter to Miss Sullivan from the attorney. CF~IR~JuN MERRILL: I should probably report on that. When I walked in today, there was an envelope sealed on the desk here addressed to me. Although it did have the title attorney for the South Code Enforcement Board. I opened the letter, scanned it, and it became apparent that it needed to go to Miss Rawson and I handed it to her. MS. RAWSON: I gave the letter to Miss Sullivan. Basically, there was ~n order entered by this board the month before last that Miss Anton was to do certain things by July. The letter from the attorney indicates that she had surgery and she was in the hospital, and the attorney said that she would be getting in touch with this office by -- not my office, the Code Enforcement office -- after the first of July. That's basically what the letter says. I don't know whether she's gotten in touch with Code Enforcement or not. MS. SULLIVAN: No, I don't think we have heard anything from her lately. What she did do -- Kim has -- of course, she's gone. What we did do is, we -- the last thing we received to my knowledge from her was a lease showing us the tenant was responsible for the property. We have never, you know, had that information before, even though we've talked to the -- the person who is on the property who now we know to be officially the tenant. That copy of that lease was not signed. We got back to Miss Anton and advised her that, you know, we were sure that she probably thought that she had an executed lease, and she did have an executed lease, and I think in a couple days she sent us the copy of the executed lease. What we plan to do now with this information is go after the tenant on the property. But to answer your question, no, Miss Anton, for one reason or another, whether it's her health, whether she's absent, whatever, has not -- has not complied according to the order. Page 41 August 8, 1997 I am not sure that Miss Anion, you know, personally is able to comply with the order. CHAIRMAN MERRILL: Were there any monetary provisions in that order? MS. SULLIVAN: I'm sorry? CHAIRMAN MERRILL: Were there any monetary fines? MS. SULLIVAN: Fines will run after, I believe, if she didn't get a conditional use or any one of that. CHAIRMAN MERRILL: Are they running now? MS. SULLIVAN: They haven't been imposed. You will have to -- I don't have a copy. Jean, do you have .... MS. RAWSON: I have a copy of the order that was signed, Mr. Merrill, on the 24th day of June. It says if she does not comply prior to the next meeting of the South County Code Enforcement Board on July llth -- and I don't think it was on our agenda last month -- the board will access a fine of $100 per day which will continue until the violation is abated. CF~I~MAN MERRILL: That matter is here today under old business. MS. SULLIVAN: Yeah. My take on this is that the fines are running, so to speak, and, of course, you know that you can come back at a later date and always reduce the fines. What I would prcpose to do is to let me see what I can do with the tenant at this point and then, you ~now0 reaccess it from that point of view. I will tell you that in the lease, you ~now, as a legal matter, 4iss Anion has an indemnity clause so the tenant would be responsible for whatever county codes and laws and that kind of thing, so, you know, I don°t -- I don't think Miss Anton is going to do anything but let the fines run because I don't think she is able. I don't think she Lunderstands, and I think the best bet we have is to try to get the tenant. What I believe is going to happen with the -- the process with the conditional use -- I believe the tenant's probably going to vacate the property. CHAIRMAN MERRILL: Ail right. My concern is we have -- we have done what we have done based upon the evidence presented, and it's unfortunate Miss Anton's health does not allow her to do those things, however, you know, she has to be aware that fines are accruing against her and, you know, at some point down the line the county may want to, you know, obtain their pound of flesh. MS. SULLIVAN: Well, like I say, you ~now, this -- this is rolling along. According to the board's order, the fines are running. Unfortunately the violation is not cured. CHAIKMAN MERRILL: Any other questions on this item? All right. That concludes old business. Are there any reports? MS. RAWSON: I have one, if I may, Mr. Chairman? CHAIRMAN MERRILL: Please. MS. RAWSON: If I might. I am going to pass through the board -- and I have two copies for the ladies from Code Enforcement at the end. t came to everybody's attention at the last board meeting about hether or not you should go out and inspect anybody's property prior Page 42 August 8, 1997 to the board meetings. I brought up the issue of a Government in the Sunshine Law. I wanted to be sure that you also understand the Government in the Sunshine Law, and I also wanted to discuss with you your obligations about going on site to inspect properties that are going to come before the board. I want you to know that I have discussed this with both the County Attorney and the attorney for the north board, and we are all in agreement on the recommendation that I am going to give you today. I will provide a copy of the handout I am going to Give you to the attorney for the north board, but he and I and the County Attorney are all in agreement about the advice I am about to give you. Miss Sullivan, I am sending two copies down to you, but the court reporter would very much like to have one of your copies. MS. SULLIVAN: Well, Indian giver. MS. RAWSON: I have -- I have saved a copy for Miss Saunders and for Mr. Adams. I will give it to them next month. The firs% thing I wanted to is be sure the board understands what the Florida Government in the Sunshine Law says. In Florida, the Government in the Sunshine Law is particularly for those of us who lived somewhere else before. This is a very, very stringent, strict law, and it -- it means literally that any of you may not at any place or any gathering ever discuss anything that foreseeably could come before this board. So, what that means is, anything that might violate a code, the two of you who are having lunch, don't talk about it, because it could -- it doesn't have to be on the agenda. It could foreseeably come before the board and you could be in trouble. Some of you may recall reading an article in the newspaper in the last month or so about a fellow who violated the Government in the Sunshine Law and was actually found guilty of the criminal statute, which I am going to tell you about in a minute, and actually went to jail. So I know you don't want to go to jail, and I certainly don't want you to go to jail, so I am going to be sure and try to give you what the law is at all times. Everybody has -- in the public has a right to be at all of our meetings, they're open. Decisions have to be made in the sunshine. And you can't make decisions out in the hallway and then come in here and then tell people what you have decided. Everything you say is on the record. That's why we have the court reporter here. If you violate the Sunshine Law, you're guilty of a misdemeanor of the second degree. You could be sentenced to imprisonment not to exceed 60 days and/or fined up to $500, and I have attached for you a complete text of the law, which you can read at your leisure. Now, the issue that came before this board last month -- and I told you it's not the first time this issue had been raised -- was can a board member conduct an inspection trip on his or her own if the visit involves something that will foreseeably come before the board for action? And specifically, I think that we were talking about if you know it's coming before the board, can you go out and look at the property? Under the Sunshine Law you probably could. Probably is not a Page 43 O August 8, 1997 violation of the Sunshine Law. If two of you went out to inspect a property and then you were -- you couldn't talk about it. Or if we put you all in the bus and took you all out, which we could do, you couldn't talk about it. But the question remains, then, can you individually go out and look at something that foreseeably could come before this board. Well, there's not an Attorney's General opinion. I called and talked to the Attorney General's office at length about this very issue. It doesn't tecknically violate the Government in the Sunshine Law, so what, then, would our advice be to you? It still is not to do it. Okay. Why? Well, Florida Statute 162 that we were talking about today states that you shall take testimony from the code inspector and the alleged violator, which you do. That's what you do at every meeting. At the conclusion of the hearing you shall issue findings of facts, which you do -- and I have put this in bold print -- based on the evidence of record. So what I am saying is, you have to base your opinion only on what is on the record, not on what you saw before you got here, bu= only on what you heard while you were here or saw while you were here. Collier County Code Ordinance 92-80 says the same thing. Your findings of fact are based on the evidence. We have repeated that again in your rules and regulations. It says that you deliberate in pen session before the public and determine whether the county has roven by competent, substantial evidence that a violation occurred. gain, it's on the record. So, it is my opinion, which the County Attorney and the north board -- the north board attorney agree that we're all going to give you the very same advice. You have to base your opinion only on testimony and evidence presented at the hearing in the sunshine. If you go out and inspect a building on your own, then you're not basing your opinion on the record. You have something outside the record that you are relying upon. If you tell someone else what you saw and your impressions of what you saw, it's really hearsay evidence, and it's not something that the County Code Enforcement officers are presenting to you or showing you. You would be basing your decision, then, on facts not in evidence, and that would be in error. So it's not categorically prohibited. I cannot cite you statute and verse that says you absolutely must not ever do it. I can tell you that we all agree that you may open this board up for a challenge on appeal if you do it, and so we are strongly recommending to you that no board member go out and inspect any property or speak with any individual about any property or possible violation that may be the subject foreseeably of a hearing before the board. That's my advice. CHAIRMAN MERRILL: Thank you, Miss Rawson. Anyone have any questions of Miss Rawson about what she said? CHAIRMAN MERRILL: I am not looking in your direction for any particular reason. MIR. OXLEY: Rules and regulations do say no board member shall ~n. owingly discuss any case with any alleged violator or other ~interested party prior to the final resolution of the case. It does Page 44 · :. August 8, 1997 not say'anything about not being able to visit the site. Now, I' today drove by Mercantile on the way here. That did not come ~ t~day. That case is -- does not come up today. It will come up. next..w~ek. That site has been cleaned up, my opinion. We will see wha't h~ppens. Bdt if I am not allowed on my own to visually inspect a potential violation, then I shall offer my resignation to t~ board. MS. RAWS0N: I can only advise you, Mr. 0xley what -- maybe it's an overabundance of caution on our parts, and you're right, and we're telling you that categorically it's not specifically denied or written anywhere that you can't do it. But by analogy, if you're basing your opinion on something that's outside the record; you're opening this board up for good grounds on an appeal to have your decisions overturned, and so I have discussed this with the Attorney General's office, with the County Attorney and with the north board attorney, and we are all in concert here in advising you not to do it, and so that's all I can do is give you advice. MR. OXL~Y: Again, when I make a personal visit to a site, all I am doing is verifying Code Enforcement's alleged -- alleged violation. Now, if it is a violation, obviously, it is, and I can say yes, myself, they have definitely violated. If it's not a violation, then I have my own opinion. But I cannot agree to restrict me from not driving down a public street when an alleged violation is, you Know -- just -- I am losing my words here, but I am a little bit upset about the whole thing, I will be perfectly frank with you. And if I am not allowed and you are going to say hey, you cannot do it, then like I say, I shall resign from the board. CHAIRMAN MERRILL: Mr. Oxley, maybe I can make a suggestion to you.- Since you are able to, without any question, talk to the board attorney or the County Attorney or -- about this matter, as long as you don't talk to one of us about the matter, maybe I can make a suggestion that you do that and wait before you make any statements or hasty decisions on that point. MR. OXLEY: Definitely. MS. RAWSON: Mr. Oxley, I am sure we would hate to you see you resign and this is a free country. Obviously, I don't tell you what to do. I am only giving you advice and I am only telling you that that advice that I am giving you is joined in, and I am sure that Mr. Yovanovich is going to tell the north board the same thing, and it's -- it's advice that has been researched. MR. DeVITO: I don't -- what you're failing to see is you're not an expert in the field, and what we want -- testimony here, especially from these young people over here, is their expert opinion on what they view and what they see and what they bring forward to us. So actually you going out there, you may think you think what you see a~d what you perceive, but it's not what we're going to look at here. We have -- we have the people that we need to give us the information that we need to come forth with a good decision, and I, myself, have been in the police field for many years, and I accept the attorney and what she says, and I could be sworn in as an expert and yet I refuse Page 45 16G August 8, 1997 to do it. They're the experts right there. Talk to them properly, they will give us the information. MR. OXLEY: That's your prerogative. I agree with what you're saying, but you say I'm not an expert; I have been a licensed general contractor in the State of Florida for 20 years. Do I know anything? I hope I do. I maintain my license in an active status, so -- and this is what I am doing. I am looking at potential violations and making personal opinions and that's it. I will discuss it with the board. CHAIRMAN MERRILL: Okay. Miss Rawson, do you have anything else for us? MS. KAWSON: That's all today. MS. SULLIVAN: I have one little teensy report I should have brought forth here. I am pleased to announce to you that your part-time temporary attorney is now full time. Her contract was approved by the board last -- this Tuesday, so she's legal. CHAIRMAN MERRILL: Thank you. Welcome to the board. MS. RAWSON: Well, thank you. It's a pleasure to be here even though Mr. Oxley might not agree with my advice. That's okay. You know, that's :ay job. MS. SULLIVAN: You're stuck with her for a year; she has a year's contract. MS. KAWSON: My -- my job is every time an issue comes up, and I will try to spot them, research it, give you well-reasoned cpinions ,ased on my research, and try to keep you from going to jail. CHAIRPU%N MERRILL: Thank you. We all look fo~ard to you being able to do that. Miss Sullivan, you have someone sitting next to you that I don't think anyone else but myself on the board ~nows. MS. SULLIVAN: I'm sorry. I can't keep up with two boards ccming together and I never know who went to which place. This is Teresa Passmore. She just got married; I never can remember her new name. She came to us from building and permitting, so she's ve~t knowledgeable about the permitting process as well. She has some background in -- what did you do with the court system? Witness management victim assistant. She's pretty well rounded, so she will be -- she is in training to step in when Miss Cruz is note available and then we're going to move her cn to cross-training for other things. CHAIRMAN MERRILL: And I apologize; I didn't know you were married. I referred to you by your maiden name. MS. PASSMORE: That's quite all right. CHAIRMAN MERRILL: Are any other reports or anything else from the board? Hearing none, our next meeting date is September 12th, 1997, and I will entertain a motion to adjourn. MR. BRADEEN: So moved. MR. DeVITO: I'll second. CHAIRMAN MERRILL: All those in favor indicate by saying aye This meeting is adjourned. ' Page 46 August 8, 1997 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:09 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD - SOUTH RANDY MERRILL, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA J. DeLAP, NOTARY PUBLIC Page 47 August 8, 1997 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:09 a.m. COUNTY CODE ENFORCEMENT BOARD - SOUTH TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA J. DeLAP, NOTARY PUBLIC Page 47 ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: PLACE: October 13, 1997 COLLIER COUNTY COMPLEX HEALTH AND COMMUNITY SERVICES BUILDING ' 2nd FLOOR, ROOM 216 4:00 p.m. I. CAI.~ MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINLr'rEs - Sq:~ml:~ B, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. ACOE-EIS Statu~ Rcport b. Byron Meade's Pmiifion VI. STANDING COMMiTIEES (1) Stoering Commltt~ - P,x~attI~ Comm|t[~ - ~ SilllOfi~k (3) Growth Managetxm~ - Milm Ddate B. SPECIAL PROJECT COMMrrTEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS a. Cram Bay Restoration Project Update b. Exotics Management Work Plan VIII. PUBLIC COMMENT IX. ADJOURNMENT Norris '~ Hancock _ Constantine 8errs , Oaf. · Copies To: oolde Gate ] eauttftcatton ¢omtnttt e s Summary of Minutes - Meeting of September 9, 1997 Minutes to the meeting of August 12, 1997: 4D - Correct verb in first sentence from was to were; 7A - Clarification - Golden Gate Beautification Committee grant application was ranked 5th; 9B o Public Works Administrator Ilschner's name was misspelled. Mark Houghton moved to accept the minutes as amended; seconded by Sabina Musci and carried unanimously. 6. TRANSPORTATION ADMINISTRATIVE SERVICES Bo Steve advised that the contract for secretarial services (#95-0217) was up for renewal. Bonner Bacon motioned to ronew the contract with Mrs. Silano; seconded by Chuck McMahon and carried unanimously. Steve advised that he received additional resumes after the July meeting. Cheryle Newman also submitted her resume for renewal. Chuck McMahon made a motion to accept Cheryle Newman for reappointment to the committee; seconded by Bonner Bacon and carried unanimously. Norr~ Hancock ConstantSne BerFy Copie~ To: A~enda - october ~4, .~997 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Meeting called to order Roll Call Approval of Minutes - Meeting of September 9, 1997 Landscape Maintenance Report - Chuck Buckley Landscape Architect's Report - Mike McGee Transportation Administration Services Report - Steve Fabiano Committee Members' Rep, orts Old Business New Business Public Comments Adjournment Next Meeting: Center November 1 1, 1997, 4:00 p.m. @ Golden Gate Community olden ate eauttficatton Ad ory cotntntttee Minutes - Meetin§ of September O, 1997 o Meeting called to order at 4:05 p.m. at the Golden Gate Community Center. Roll Call - Present: Sabina Musci, Bonner Bacon, Charles McMahon, Mark Houghton, members; Steve Fabiano, Transportation Administrative Services; Mike McGee, McGee & Associates; Jacqueline Silano, secretary; Chuck Buckley, Commercial Land Maintenance. Excused Absence: Cheryle Newman. Minutes to the meeting of August 12, 1997: 4D - Correct verb in first sentence from was to were; 7A - Clarification - Golden Gate Beautification Committee grant application was ranked 5th; 9B - Public Works Administrator Ilschner's name was misspelled. Mark Houghton moved to accept the minutes as amended; seconded by Sabina Musci and carried unanimously. LANDSCAPE MAINTENANCE REPORT Chuck Buckley reported that tho installation of the replacement plants should be completed shortly; the problems with pumps 2 and 3 have been corrected; there is a problem with chinch bugs as a result of the recent dry period. Mike McGee recommended treating all of the medians. B. Steve will be ordering 14 replacement oaks and three tababulias. LANDSCAPE ARCHITECT'S REPORT Ao Mike McGee said the general condition of the medians is very good; median #15 has some turf damage and torpedo grass and needs treatment; a wax myrtle in median 10 and a tababulia in #13 are dead. He will meet with Chuck Buckley regarding these items and tree trimming. TRANSPORTATION ADMINISTRATIVE SERVICES Ao Copies of the Budget Status through August, 1997 budget were distributed and reviewed. The tentative budget for 1997-98 was also reviewed. Bo Steve advised that the contract for secretarial services (#95-0217) was up for renewal. Bonner Bacon motioned to renew the contract with Mrs. Silano; seconded by Chuck McMahon and carried unanimously. Co Steve has drafted a resolution to adopt the Master ['!an which is currently being reviewed by the County Attorney prior to going before the Board. Do Steve advised that he received additional resumes after the July meeting. Cheryle Newman also submitted her resume for renewal. Chu1~10 G McMahon made a motion to accept Cheryle Newman for reappointment to the committee; seconded by Bonner Bacon and carried unanimously. After nearly two years, Steve still has not received reimbursement or further correspondence from Mr. Ilschner regarding the relocation of the plant material. He will continue to follow up. OLD BUSINESS A. The Master Plans that were distributed to the Board members still have not been returned. B. Mike McGee said he has not yet been contacted regarding the bus stops. As there was no further business to discuss, the meeting was adjourned at 5:10 p.m. The next meeting will be held at 4:00 p.m. on Tuesday, October 14, 1997 at the Golden Gate Community Center. AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, OCTOBER 24, 1997, IN THE GOVERATMENT CENTER COMPLEX MUSEUM, AT 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: August 8, 1997 3. PLANNING SERVICES DEPARTMENT REPORT: A. Archaeological Training For County Staff 4. OLD BUSINESS: Robert's Ranch - Review Application for Historic Designation B. H. Nehrling's Tropical Gardens and Arboretum C o Captain Horr's House National Register Application Historic/Archaeological Guide Map Archaeological site in Chokoloskee (Morris Property) 5. blEW BUSINESS: 6. DISCUSSION OF ADDENDA 7. ADJOURN HISTORICAL AGENDA/pd Norris Hancock Constantine.,, Mac'Kte ~erry f.,4isc. Cortes: Itenl# ,'/J" ~-----7. Copies lo: IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Meeting of September 17, 1997 16G Z o APPROVAL OF MINUTES OF AUGUST 27th MEETING: Correction to SA: 43 tree grates were pulled and cleaned. Steve Fabiano noted that the Budget Status Report had an incorrect date and was for the period ending July 31. Rita Avalos moved to accept the minutes as amended; seconded by Dorcas Howard and carried unanimously. PRESENTATIONS BY LANDSCAPE MAINTENANCE SERVICES Cherryle Thomas made a motion to award the contract, based on deleting the street sweeping charges, to the Iow bidder, Commercial Land Maintenance; seconded by Dorcas Howard and carried unanimously. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT Joe Delate advise that he and Mike McGee met with Mid-Continent Electric to discuss Phase Il, subphase A. After backing out the sand set pavers, which can be a separate bid closer to the end of the project, the cost will be $455,780 and Mr. Delate recommended awarding the contract to them. After further discussion regarding funding, Denise Smith motion to accept the bid as negotiated with Mid-Continent; seconded by Rita Avalos and carried unanimously. The anticipated start date is mid-November. BUDGET UPDATE Bo Steve advised that the contract for secretarial services is up for renewal. Dorcas Howard made a motion to renew Mrs. Silano's contract for another year; seconded by Rita Avalos and carried unanimously. Norris Hancock C~stantlne Mac 'K I~ 8err~ Copies To: Collier County Government Center · 3301 Tamiami Trail. East · Naples. Florida 33962 16G .2 o 4. 5. 6. 7. 8. 10. 11. 12. IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE A~¢tl~ - 0cto~er 15~ 1997 Call to order Attendance: Denise Smith, Committee Chair Rita Avalos, Committee MembedPast Chair Dorcas Howard, Committee Member Cherryle Thomas, Committee Member Steve Fabiano, Transportation Admin. Services Joe Delate, Office of Capital Projects Management Mike McGee, Landscape Architect Chuck Buckley, Landscape Maintenance Contractor Welcome/Introduction of Guests Approval of Minutes from September 17, 1997 Budget Update Maintenance Report - CR 846 & SR 29: Chuck Buckley Office of Capital Projects Management Report - Joe Delate Old Business: A. B. C. Transportation Administration Report/Update New Business Open discussion on any business not needing Committee approval Adjournment Next Meeting: November 19, 1997 - 5:00 p.m. ~) Immokalee Community Center Collier Count.,,' Govemmcnt Center · 3301 Tamiami Trail. East · Naples. Florida 33962 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE 16G Meeting of September 17, 1997 The Immokalee Lighting and Beautification District Advisory Committee Meeting of Wednesday, September 17, 1997 was called to order at 5:05 p.m. ROLL CALL: Members present were Denise Smith, Rita Avalos, Cherryle Thomas, Dorcas Howard, members. Also Present: Chuck Buckley, Commercial Land Maintenance; Steve Fabiano, Transportation Administrative Services; Joe Delate, Office of Capital Projects Management; Mike McGee, McGee & Associates; JaM~queline Silano, recording secretary. Guests: Noah Bess, Michael/Todd, Inc., Scott lief and Scott Hane, Environmental Care. APPROVAL OF MINUTES OF AUGUST 27th MEETING: Correction to SA: 43 tree grates were pulled and cleaned. Steve Fabiano noted that the Budget Status Report had an incorrect date and was for the period ending July 3'1. Rita Avalos moved to accept the minutes as amended; seconded by Dorcas Howard and carried unanimously. PRESENTATIONS BY LANDSCAPE MAINTENANCE SERVICES A. Copies of the bid tabulation sheets for landscape maintenance for fiscal year 197-98 were distributed and reviewed by the committee members. There ,,vas some question regarding the charges and the type of equipment that will be utilized for Street Sweeping/Cleaning (Page 1, item ICL Each bidder was given eight minutes to make his presentation and answer questions. i. Michael/Todd Inc. - Mr. Bess gave a brief overview of the services provided by the company. After some clarification regarding the testing and inspectio~ of the light fixtures, he expected the unit cost would be reduced to $20; the decorative banner fee would be reduced to $20 since special equipment would not have to be leased. For street sweeping, they would use High Tech Sweeping as the sub- contractor which currently does not have a dual control machine to comply with the State requirements. They would provide a three man crew for one day per week (24 man hours). ii. Commercial Land .Maintenance . Mr. Buckley mentioned the importance of adequate street sweeping due to the extraordinary amount of sand and debris that must be removed. He felt he gave a more realistic estimate o£ $530 per visit. He also stressed his past performance and that his company is owner-operated. He pointed out that if the street sweeping fees are deleted from the bid, he would be the Iow bidder. He noted that his sub-contractor spends seven man 2 Collier County Gm,'emment Center . 3301 Tamiami Trail. East · Naples. Florida 33962 o 16G hours (@$75 per, including trip time) in Immokalee to complete the Environmental Care - Mr. Miller noted that the figures he provided for street sweepin§ were provided by his sub-contractor who apparently has a dual control machine that would be used for 1¥2 hours. A lengthy discussion ensued. The committee was very concerned regarding the street sweeping and felt that perhaps both Environmental Care and Michael/Todd did not realize the amount of work involved. Mike McGee noted that he was familiar with all three contractors and they were all equally qualified. He then recommended deleting this item from the contract, especially since this may be a reimbursable expense by the State. The committee agreed. In view of this, Commercial Land Maintenance then became the lowest bidder ($42,820 vs. $48,938 for Michael/Todd or $49,074 Environmental Care). Cherryle Thomas made a motion to award the contract, based on deleting the street sweeping charges, to the Iow bidder, Commercial Land Maintenance; seconded by Dorcas Howard and carried unanimously. . OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT A° Joe Delate advise that he and Mike McGee met with Mid-Continent Electric to discuss Phase II, subphase A. After backing out the sand set pavers, which can be a separate bid closer to the end of the project, the cost will be $455,780 and Mr. Delate recommended awarding the contract to them. After further discussion regarding funding, Denise Smith motion to accept the bid as negotiated with Mid-Continent; seconded by Rita Avalos and carried unanimously. The anticipated start date is mid-November. MAINTENANCE REPORT Mr. Buckley brought the committee up to date; fungicide and herbicide will be applied to the ornamentals and turf before the end of the month; plant replacement will not be done until after the start of the new fiscal year. He noted that sand is again building up in the medians. Mike McGee advised that the valve boxes need to be cleaned. Bo Chuck noted that the sign needs to be repainted. Steve will call Signcraft since that sign was recently done. 2 16G 2' BUDGET UPDATE A. The budget status report for the period ending August 31, 1997 were distributed and discussed. B. Steve advised that the contract for secretarial services is up for renewal. Dorcas Howard made a motion to renew Mrs. Silano's contract for another year; seconded by Rita Avalos and carried unanimously. 8. OLD BUSINESS A. Steve advised that the new trash cans are to be delivered tomorrow morning. 9. ADJOURNMENT As there was no further business to discuss, the meeting was adjourned at 7:10 p.m. The next meeting will be held on October 15, 1997 at 5:00 p.m. at the Community Center. 3 OCH(oPEE F1RE CONTROL DISTRICT ADVISORY B~;ARD MEETING HELD APRIL 14, 1997 IN CHIEF DOERR'S (3FFtCE attendance were the following: Vince Doerr, Fire Chief Charlle Reynolds, Chairman Michael Hart, Advisory Board Member Lem Pennell, Advisory Board Member Tony Brock, Advisory Board Member Kent Orner, Advisory Board Member Fran Tlf[t The meeting came to order at 7:06PM. Minutes were accepted as mailed. Kent Orner - Vlnce Doerr - Mentioned that the hydrants on Chokoloskee Island are not marked yet. He also stated he was concerned about the property that had been cleared on Chokoloskee and that the owner wanted to burn what had been cut down. He felt if the wind was blowing in the wrong direction the day the owner burned it could be a probiem, also he was troubled about the fact that so many large native trees had Peen cut down to clear the property. He sa)d that the Department would order some markers for the Chokoloskee hydrants. Kent Orner - He volunteered to help put down the markers if the Department needed h~s assistance. Vince Doerr Misc. Corres: Copies To: He stated that he had spoken to the person who is going to do the burning of the debris piles on the cleared property on Chokoloskee island and that he told them it had to be in small piles. He also made them aware of what the set backs were [or burning. He did say if there were any complaints about the smoke, they would have to put it out. He also told them that when they got ready to burn to tail the Department and one of the b~eutenan%s would check it out. Z OLD BUSINESS Vlnce Doerr - NEW BUSINESS Fran Tifft - Vince Doerr - Charlie Reynolds - Fran Tifft - Vince Ooerr - He brought up the fact that at the last meeting they talked abnut purchasing a new brush truck. Me said that we will not be able to purchase a brush truck, there is not enough money ~n the budget to cover that expense. However, he does have $25,000 to work with this year, so he talked about refurbishing Brush 60. He has gotten with Fleet Management and decided to put a new engine, redo the steering, put a twin engine pump on, paint ~t, redo the seats and change the alternator from 24 to 12 volts. He feels these repairs can be done for $8,000 to $10,000 compared to the cost of a new brush truck of $120,000 or more. She wanted to know if it was possible for the Department to save money for a truck, because we always seem to come up with money at the end of the year. He said this is the first time he put $25,000 away for a new truck. He said that the Department spends about $25,000 a year just to ~eep up trucZ after truck. The ~mpact fees, when we start to collect them wil[ help us a lot. However, you can use those funds to add to the fleet but not replace. He presented a plaque to Ms. Tifft for her years of service on the Ochopee Advisory Board, she had resigned from this post earlier ~n the year. She is still concerned about the fact that the ambulance has a hard time find- ing addresses on Chokoloskee Island. He said that the Department is ~oinG to push the numbering system, n~ fe~ls that would make a big difference. PaGe 2 There was a bit of a discussion regarding EMS finding addresses and that possibly part of the problem is dispatching. Kent Orner - Feels that the EMS personnel should familiarize themselves with the area. Vince Doerr - He said the ambulance usually follows the fire truck. A motion was made to refurbish Brush 60 and was seconded and passed. Vince Doerr - He mentioned that Flrefighter Andrew Frenock has resigned and will be moving out of the area to Live oak, Florida. Fran I'ifft - She would be willing to help with the numbering system. Vtnce Doerr went over the Ochopee Fire Control District Budget for 9'?/98 with the Advisory Board Members. A morton was made to accept the draft of the 97/98 budget it was seconded and was passed. Tony Brock brought up the fact that he would like to change the meeting back to the first Monday of the month and it agreed upon by all. The meeting adjourned at 8:30PM. Cha~-i i-e ~):no Chairman AGENDA " 16G 2 COLLIER COUNTY PLA2~,rNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, October 16, 1997 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GO~ CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOT~:ANY PERSON WHO DECIDED TO APPEAL A DECISION OF TI-HS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PER_MANEN'r PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO TI-IE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: September 4, 1997 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMAN'S REPORT 7. ADVERTISED PUBLIC HE,MLINGS: A. Petition No. PSP-97-14, Mark Morton of Johnson Engineering, Inc., representing Ocean Boulevard Partnership II, requesting Preliminary Subdivision Plat approval for Creekside Commerce Park West - Unit 1, located on the south side of Immokalcc Road (C.R. $46) at Goodlette-Frank Road (C.R. 851), in Section 27, Township 48 South, Range 25 East. (Coordinator: Bryan IVIilk) Petition No. PSP-96-14, J. Gary Butler, P.E., of Butler Engineering representing Rick McCollough, requesting Preliminary Subdivision Plat approval for "Sawgrass Subdivision" located east of Cypress Way, north oflmmokalee Road, in Section 24, Township 48 South, Range 25 East, consisting of 10.532 acres. (Coordinator: Fred Reischl) Petition No. TU-97-5, George M. Schmaeling of Florida Homes of Collier, Inc., requesting a 3-year extension of a Temporary Use Permit for a Model Home at 1830 Golden Gate Boulevard West. (Coordinator: Chahram Badamtchian) Petition No. TU-97-6, George M. Schmaeling of Florida Homes of Collier, Inc., requesting a 3-year extension of a Temporary Use Permit for a Model Home at 1840 Golden Gate Boulevard West. (Coordinator: ChahramBadamtchian) ?,,.tition No. PSP-97-12, Jeff L. Davidson, P.E., of Wilkison & Associates, representing Naples Business Park, requesting Preliminary Subdivision Plat approval for Corporate Square located at the intersection of Radio Road (C.R. 856) and Industrial Boulevard, in Section 36, Township 49 South, Range 25 East, consisting of 37.92 acres. (Coordinator: Ray Bellows) Petition No. NUA-97-3, Edward and Teresa Terry requesting the altering of a non- conforming single family mobile home, by replacing the existing structure with a double wide mobile on property located at 609 Booker Boulevard; Immokalee, in Section 9, Township 47 South, Range 29 East, Collier County, Florida. (Coordinator: Ray Bellows) Petition No. PUD-92-6 (1), Bruce Tyson of Wilson, Miller, Barton & Peek, Inc., representing Pelican Lake Limited Partnership for the purpose of amending Southwoods PUD by changing the name to Pelican Lake; by changing reference to owners; by increasing the maximum area of allowable utility/storage facility and by decreasing the boundary setback requirement for property located on the east side of SR-951, in Section 15, Township 51 South, Range 26 East, Collier County, Florida, containing 101.3+ acres. (Coordinator: Ron Nino) Petition No. PSP-97-9, David H. Farmer, E.I., of Coastal Engineering Consultants, Inc., representing the Club Estates, L.C., requesting Preliminary Subdivision Plat approval for "The Club Estates" located on the west side of Isles of Capri Road (CR-951) and north Rattlesnake Hammock Road (SR-864) in Section 10, Township 50 South, Range 26 East, consisting of 155.8 acres. (Coordinator: RonNino) (~~ /~3 il/(./ · Note: Petition No. PUD-86-10 (4), Barbara A. Cawley, AICP, of Wilson, Miller, Barton 8,: Peek, Inc., representing Owen M. Ward Trustee, requesting a rezone from PUD to PUD for the Planned Unit Development known as Stiles by amending the PUD and Master Plan as required by Section 2.7.3.4 of the Land Development Code for property located on the south side of Immokalee Road (C.R. 846) approximately ',4 mile west of' the intersection of' 1-75 and Immokalee Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.13 acres. (Coordinator: Ron Nino) Petition No. PUD-89-19 (1), Karen K. Bishop of PMS, Inc., of Naples, representing Mr. William Schweikhardt, Trustee, requesting an amendment to the Donovan Center PUD having the effect of repealing and readopting a new PUD and Master Plan, for property located at the southwest intersection of Interstate 75 and Immokalee Road (C.R. 846) in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 47.0 acres. (Coordinator: Ron Nino) The following petitions concern properties located within the City of Marco Island and have been advertised. Consist with action taken at the Planning Commission meeting of October 2, 1997, the CCPC may wish to forward these petitions to the Marco Island City Council for consideration. Petition No. V-97-8, Stefani Lyn O-Neill, representing Howard J. & Kay L. Krapf requesting a 17 foot variance to the required rear setback of 25 feet to 8 feet, for property located at 1725 Winterberry Drive, further described at Lot 1, Krapf Subdivision. (Coordinator: Fred Reischl) 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 boatlif~s for property located at 904 Panama Court, further described as Lot 17, Block 337, Marco Beach Unit 10. (Coordinator: Ross Gochenaur) Petition No. TU-97-4, Paul Ford, President of Paul Ford Custom Builders, Inc., requesting a 3-year extension of a Temporary Use Permit for a Model Home at 1180 Samoa Avenue, Marco Island. (Coordinator: Ross Gochenaur) Petition No. R-97-5, Barbara Cawley, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Dr. Luc Mazzini, D.D.S., requesting a rezone from RSF..4 to C-I for a medical office building for property located on the north side of San Marco Road (C.R. 92) east of Bald Eagle Drive, further described as Lots 7 and 8, Block 109, Marco Beach Unit 3, in Section 16, Township 52 South, Range 26 East, Collier County, Florida, consisting of .62 acres. (Coordinator: Ray Bellows) (Companion Item to OSP-97-2) 9. I0. I1. Oo Petition No. OSP-97-2, Barbara Cawley of Wilson, Miller, Barton & Peek, Inc., representing Dr. Luc Mazzini, D.D.S., requesting approval of off-site parking on Lot 28, Block 109, Marco Beach Unit 3, zoned RSF4-MIZO, to serve the existing business, zoned C-1-MIZO, located on Lots 7, 8 & 9, Block 109, Marco Beach Unit 3, which business is located at 1346 San Marco Road, in Section 16, Township 52 South, Range 26 East. (Coordinator: Ray Bellows) (Companion Item to R-97-5) OLD BUSINESS NEW BUSINESS DISCUSSION OF ADDENDA ADJOUgN 10/16/97 CCPC AGENDA/ixl September 4, 1997 COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 4, 1997 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Collier County Government Center, Administration Building, Naples, Florida, with the following members present: ALSO PRESENT: Michael A. Davis Russell A. Budd Michael J. Bruet Michael Pedone Donald J. York Edward J. Oates Gary Wrage Richard Nelson Fred Thomas Marjorie M. Student, Assistant County Attorney Ron Nino, Planning Services Page 1 16G 2' AGF.~DA COLLIER COUYCrY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 4, 1997 IN THE BOARD OF COUNTY COMMISSIO~ MEEtiNG ROOM, ADMINISTRATION BUn'-r~ING, COUNTY GOVI~RNM]~NT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAP~.1=-~, FLORIDA: ~ ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL ~ A RECORD OF THE PROCEEDING PERTAINING ~O, AND THEREFORE MAY ~ TO EN~ THAT A VERBATIM RECORD OF THE PROC~INGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFOKE THE CCPC WIT]_. BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAE. ABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 2. 3. 4: 5. 6. 7. ROLL CAH: BY C'LERK ADDENDA TO THE AGENDA APPROVAL OF MIIgU'I'F~: Augu~ 7, I~7 PLANNING COMlVIIS~ON ABSENCES: BCC REPORT CHAIRMAN'S KEPORT ADVERTISED PUBLIC HEARINGS: Ao Strut, fha'tim' ~ezibed aa Lot 19, Bka:k E, Littln ltkkn~ ~ Unit 2. (~ Rnss Co Do Fo Ho 16G Z ?et/tion No. PUD-19-14(l), Robert L. Du~ne, of Hole, Mont~ 8: Asaodate, ~g Fred ?auley, Trust~ reqm~/~ · rezo~ from PUD to PUD, for th~ PIa-~.-! Un/t Dev~lopmem kaow~ -- Breezewood by ~nding the PUD as r~qu/red by Sect/on 2.7.3.4 of the Land Developmem Code for prvpeny located in the southwest comer of the l,,u,~kalee Ro~d (C.IL 846) and 1-75 Into'change Activ/ty Centex, in Section 30, Town~h~ 48 South, Range 26 East, consisting of 7.4 acres. (~ Fr~ l~ais~) Petition No. CU-97-15, Seventh Day Adventist Char~h 1' zom~g district for · chuxda tad r~lal:~l ~ as Lot 2, Block A, ~ ~ in Section 10, Tow~ 49 South, 1~ 25 East, Collier Cou~,Florida, conmtin~ ofl3S u=~ (Coordin~. Fr~tR,-is~) Pedfion No. PSP-97-4, Bldr A. Foley, P.E, of Coastal ~ Consuitmm, Inc., i,,,,~ Eugeue ~ requeath~ Prei/mma~ Subdiv/don PLU ~ for Marker Lake Vill~ locued on the south side ofVa~flt Bea~a Road Extension, approximately ~A mil~ west of Ah-port-Pullin~ Ko~d North, in Section 2, Town,thlp 49 South, ~,nge 25 ~ cons/sting of 12.06 acres. (C. amlmnion to PUD-97-4) (Coor~i~,,tr~. Poan Nino) Petition No. PSP-97-7, Geoffrey G. Purae, of Pur~ Associ~es, Inc., rrpresemi~ Northbrooke Developmem, Ltd., requesting Pr~imi~,ry Subdivision Pht ~provtl for "Cypress Woods Coif & County Club' located tlong Northbrooke Drive, ia Section 18, Towndzip 48 South, P, an~ 26 East, comistingofl4.5 ~cr~s, mo~orle~. (Coordhmlxm. RonNino) Petition No. PUD-95-10(I), Dwight Nadcau of McAnly Engineering & Design, Iac., rel:,re~enfing U.S. Hon~ Corponfion for · r~ne from "PUD" to "PUD" Plttmed Unit Deve~ ~ving the effect of add/rig Cflh:en (15) aais and an inc:zase in s~horized hous/ng unto of forty-eight (48) dwelling ~ to the Na~les Her/ta~ Golf and Country Club PUD, located ~a,-th of Davia B<micva~ (S.IL g4) and west of S.IL 951 in Sect/om 3, 4, 9 and I0, Tow~ah~ 50 ~. Rnn.~ 26 East, Colliex County, Florida, cons/nmgof573 ac~s,n~'~orleas. (Coordins. toc RonNino) Petition No. DOA-97-2, William IL v/nes, of Vinea & As$oc/_'_~t_~. Inc., represenfin~ Richard lC.. Bennett, Trustee, Na~ms Bank Land Trust #5222 for an amendment to the Twelve Lakes Dev~l~ of Regional 1~ (DRD, Develolmamt Order 8701, Resoimion 87-4, as amended, for the pmpo,e of ~ the d~ by which 'l"m~ Si~ ~ Deve~me~ wa, m h~ve commeaced; D·te prior to which no down zoning action could occuc, Ameading T~t/on Cot~litiom and revim~ thc Phadng Schedttle for property located on the north side of D·vis ~ which exteads north to ~ ~ ia Sectioa 4, Towr. thip S0 So.h, ~ 26 ~ comer Coumy, nori~. (Coorctm~. Pon N~o) Petition No. CU-97-I~, Bmee E. Ty~m, ASLA, of Wilson, Miller, Bm & Peek, lac., tepresemin~ Wilkm Run Tra~ requesting Comtitioml Us~ "I' of the "A' Agriafltm~ __~,,i,,o ~ hsvin~ the effec~ of expamti~ the Willow Run Query e~Mamiai~ Imsine~ for lm~etly 1o,~_~___,~_ in Section~ 11, ~2, ~3 & ~4, Towmhip f9 South. ~ 2~ ~ Colli= ~. ~ commi~ of 2OO ~r~ m~ or le~ (Coordiml~. R~ Nm) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 9-4-97 CCPC AGENDA~axi 2 September 4, 1997 CHAIRMAN DAVIS: I'll call this meeting of the Collier County Planning Commission to order and begin by calling the roll. Mr. Nelson is excused. Mr. Budd? MR. BUDD: Here. CHAIRMAN BUDD: Mr. Bm/et? MR. BRUET: Here. CHAIRMAN DAVIS: Mr. Thomas is excused. Mr. Davis? Here. Mr. York? MR. YORK: Here. CT{AI~ DAVIS: Mr. Oates? MR. OATES: Here. CHAIRMAN DAVIS: Mr. Pedone? MR. PEDONE: Here. CHAIP~MAN DAVIS: And Mr. Wrage? MR. WRAGE: 'Here. CHAIRMAN DAVIS: Any addenda to the agenda? MR. WRAGE: Mr. Chairman? C7{AIRMAN DAVIS: Yes. Mr. Wrage ? MR. WRAGE: We have something that's come up in Immokalee, and I'm not sure how this can be done, but I think we need to talk to staff about an amendment to the growth management plan in Immokalee. CHAIRMAN DAVIS: Yes. I understand that there may have been an oversight continuing -- about an area around Lake Trafford. If you want to address that? MS. CACCHIONE: For the record, my name is Barbara Cacchione of the comprehensive planning section. The Lake Trafford Marina and the associated facilities there were zoned P during the common wide rezone, when we rezoned everything and created the Land Development Code. The P district is a public use district, and it really should have only been on the county-owned property. So it was mistakenly put on the private property that exists at that marina. So the zoning is incorrect on that property, and the county would modify that zoning. I've talked to Bob and we can do that and take it to a different district that would be more appropriate for the uses there. The other corresponding problem is that on the future land use map for Immokalee, it's designated low residential, which may not accommodate the ty~e of uses that are going to be encouraged there to try to develop ecotourism. So I think that probably the best approach would be to amemd the comprehensive plan to provide a district that would accommodate the ty~e of uses that would be encouraged there, would allow .for some transient lodging facilities, would possibly allow for some cabins and rentals and also allow the marina itself, ~ a small restaurant, those ty~es of uses. In the low residential category you really don't have that flexibility. So I -- and we are in a comprehensive plan amendment cycle at this point in time. You'll be seeing, and it was passed out to you this morning, your packet for Page 2 September 4, 1997 September !8th. We could try to fold it .into that cycle. We do run a small risk with the DCA in terms of them objecting to it because they haven't seen it before, and what we've transmitted to them already, but if the planning commission chooses, we can go ahead and put it in there and see what their response would be. What we would need to do is create a new district on the future land use map to encompass this property and follow it up with a rezoning to a more appropriate district that would accommodate the types of uses that we think would be better there. MS. STUDENT: One thing that I just want to let the commission know, as you will probably know, this is a lengthy process and the comp. plan amendment is not legally effective until DCA finds it in compliance. And if they have a legal problem with it, that could go on for quite some time, and we would not be able to accomplish the rezoning until such time as the comp. plan is found to be in compliance, or that portion of it, and then legally effective. CHAIRMY~; DAVIS: Do you need any action by this board today to -- MS. CACCHIONE: If the planning commission so desires, you can direct us to come up with some language and bring back to you at your meeting on September 18th for a new district for that area in the comprehensive plan. MR. YORK: I would so move. MR. OATES: Second. CHAIRMAN DAVIS: Motion to do so by Mr. York, seconded by Mr. Oates. Any discussion? All those in favor signify by saying aye. -Opposed? (No response.) That carries unanimously. Thank you. CHAIRMAN DAVIS: On addenda to the agenda, I think we all have a copy of a letter from Mr. Dwight Nadeau withdrawing Item H, for that -- just for the record, that item has been withdrawn. MR. MULHERE: Mr. Chairman, I received from Sue Filson, who is administrative assistant to the Board of County Commissioners, a list of applicants for the upcoming vacancies on the planning commission. And I'm required to ask you if you wish to review those and make a recommendation and let you know that the planning commission in the past has chosen not to make a reconuuendation but simply forwarded it -- forwarded that -- I forwarded that information to Sue Filson for consideration by the board. There are one, two, three, four, five, six, seven -- actually eight applicants for those positions, including Mr. Pedone, who has applied to be reappointed. So I will go ahead -- if it pleases the planning commission, I'll go ahead and just prepare a memorandum indicating that, as has been your past practice, you -- you do not wish to make a recommendation for any specific applicant, and, you know, I'll take a look. I assume, in looking at these, they are all qualified, so -- Page 3 September 4, 1997 MR. OATES: Mr. Chairman, could we know which ones are from which districts and who they are and what district they represent? MR. MULHERE: Well I don't know if I have that information right nOW. ' MR. BUDD: Yes. MR. MULHERE: I don't know if I have that information right now. I can tell you who they are. Lou HoeGsted. CHAIRMAN DAVIS: Well, there's district -- there's District 3, which is Mr. Budd, which he's made reapplication for, and -- MR. PEDONE: And District 1. CHAIRMAN DAVIS: District 1, Mr. Pedone. MR. MULHERE: I don't -- at least with this package, I don't have anything from Mr. Budd. Now, that may have been Gotten in after I Got this. MR. BUDD: RiGht. CHAIRMAN DAVIS: And the only other one is District 5, which is Mr. Thomas. He'll be going off since I think he cannot be reappointed. MR. MULHERE: And I've Got Russell Priddy. CHAIRMAN DAVIS: Yes, Mr. Priddy, who's been a member of this board before, I know, has made application. MR...M~rLHE~E: So I ca~. let.you know ~he james. ,A~_d not all of these application letters ldentlfy what dlstrlct they re from. I've Got to Go to,the Supervisor of Elections t ' from. I don t know that right now. o f~nd out where they're CHAIRMAN DAVIS: I know that Mr. HoeGsted is District 3 If -- did you want to hear the list, Ed? ' MR. OATES: Yes. I still want to hear the list ~HAIRMAN DAVIS: Okay. · MR. MULHERE: Lou HoeGsted, Kevin Lilly, who lives on Harbor Road in Naples, Russell Priddy, who lives in Lmmokalee, Ronald RumbauGh' who lives on 19th Street NW in Naples, DwiGht Nadeau who lives on 2nd Avenue SW -- so that's probably District 3 -- William Poteet, who lives on 24th Avenue SW in Naples, Michael Pedone, who lives on Mulberry Drive -- Mabry Drive in Naples, and Mario DelGado who lives on 31st Avenue SW in Naples. Those are the only applications that I have at this time. MR. OATES: Thank you. CHAIRMAN DAVIS: And the only observation that I would make, in Mr. Priddy's case, I believe the plan development code, as it relates to the planning commission, requires that at least one member be a resident of the Immokalee area. MR. M~: RiGht. And I think -- CHAIRMAN DAVIS: It used to be two and it Got changed. MR. MULPIE~: Or at least of District 5. I'm not sure if it s the Lmmokalee area or not. ' CHAIRMAN DAVIS: I think it specifically talks about Immokalee. Qne of our past chairpersons is nodding also, so -- There's a note on Item C that it's continued, but I think we need to tak~ official action. So that was advertised. PaGe 4 16G 2 September 4, 1997 HR. YORK: Item C? HR. MULHERE: In conjunction with that, before -- maybe before you deal with that, I thought I would just give you a little update on the Marco Island incorporation situation as well. CHAIRMAN DAVIS: Let's get to that in a minute. This is -- we've got to Item C, which is continued to the meeting of 10/2/97 MR. OATES: I'll move. . MR. YORK: I'll second. CHAIRMAN DAVIS: A motion by Mr Oates to do so, seconded by Mr. York. · Discussion? All those in favor signify saying aye~ Opposed? · (No response.) Carries unanimously. HR. YORK: Will that be -- will we get a new packet or should we retain the one -- MR. ML~HERE: No. I'll ask her to redistribute it. CHAIRMAN DAVIS: I have a -- I was contacted by telephone by Mr. Nelson in requesting that Item A be continued to our next regular meeting, his rationale being that, since it is an item that deals with Marco Island, and he is the sole representative of that area on this board, that he would respectfully request that we make that continuance to our next meeting. MR. OATES: Mr. Chairman, I had some discussion with Mr. Saunders, who represents the side that is opposed to this vote doctrine. He, unfortunately or fortunately, for us I guess, fortunately, he's going to have to be in a meeting in Tallahassee during that next meeting, so if we could continue to October the 2nd. ~{. MU~: Thank you, Mr. Oates. That would be the request. We have legislative committee meetings that have been scheduled for the week of September 15th and I would respectfully request that this petition be continued u~til October 2nd. If it will make your decision a little easier, I hate to quote statutes, but we will commend this to the county attorney, but it's Chapter 11, Section 111, dealing with continuances of matters, and it goes on to say that, "Any proceeding before any court, municipality or agency of government of the state shall be continued during the session of legislation,- and it goes on to talk about committee meetings also. So the statute does authorize a continuance in these types of matters. CHAIRMAN DAVIS: Did you want to comment on that, Ms. Student~ MS. STUDENT: I have never had cause to research it, but give me a moment. ' What was it again? CHAIRMAN DAVIS: Okay. I think we have someone else that wants to speak to us while you're reading that. HR. HOBBS: Just for PUrposes of the record, Kim Patrick Hobbs. I represent also condominium owners in the actual complex where this extension is proposed. On the September date, I believe that I'm to be in Boulder, Page 5 16G 2 September 4, 1997 Colorado, on that particular date, and one day either side of it. So likewise, it would be very difficult for the September date, and our clients are very directly affected, as Mr. Saunders' are. MR. MULHERE: I think the county attorney is in agreement that the statutes are clear on that. MS. STUDENT: Yes, we're in agreement. MR. OATES: Mr. Chairman, I would move we continue Petition PD-97-15 to October the 2nd. MR. BRUET: Second. CHAIRMAN DAVIS: There's a motion by Mr. Oates, seconded by Mr. Bruet. In all fairness to the petitioner's representative, did you want to make some comments, Mr. Scofield? MR. SCOFIELD: Yes. I just want to make a few comments. Miles Scofield, for the record, representing Dela Park. We understand these continuances, especially with Mr. Nelson and with Mr. Saunders' request. We understand there's not a lot we can do about it, but just for the record, I would like to state, you know, our displeasure with all these continuances. First of all, the hearing that we had where it was passed, to no fault of our own, has to be reheard now. We understand this. Excuse me. And we just wanted to, you know, have some consideration for my client too. And by now we should have probably -- we understand this is going to be appealed. We know that. Either way it'll be appealed. It's going to the Board of County Commissioners. Time is always importance of these projects, so we are going to go to the Board of County Commissioners. We probably should have been there about this time. Now we're continued for two more meetings. Hopefully it won't be continued any further. But we just -- I wanted to state that and note that for the record. Thank you. CHAIRMAN DAVIS: Thank you, Mr. Scofield, and we certainly empathize with you. You know -- I think you've been in front of this board enough times to know that we're ones that like to get things dealt with and move on to the next one. And we don't like the situation any more than you, but I think it's, it's one where our hands are pretty much tied. With that I'll call for the question. All those in favor signify by saying aye. Opposed? (No response.) That carries unanimously. MR. ~: May I -- CHAIRMAN DAVIS: And on the issue of -- actually, I was going to -- we'll get to that here in a minute. MR. MULHERE: Okay. CHAIRMAN DAVIS: Any planned -- I'm sorry. Approval of minutes. We've got the set of minutes from August 7, 1997. MR. YORK: Move to approve. MR. OATES: Second. Page 6 September 4, 1997 CHAIRMAN DAVIS: Motion of approval by Mr York, seconded by Mr Oates. ' · Any discussion? All those in favor signify by saying aye. Opposed? (No response.) It carries unanimously. Under BCC Report, Mr. Mulhere, I made it a -- MR. PEDONE: Absences? CHAIRMAN DAVIS: Oh, I'm sorry. Absences? MR. PEDONE: Yes. CHAIRMAN DAVIS: You going to be gone? MR. PEDONE: I will be gone. CHAIRMAN DAVIS: I will be gone. Let's see. Mr. Wrage, you were going to miss the next meeting, correct? MR. ~GE: Yes. Yes. CHAIRMAN DAVIS: And Mr. Pedone? MR. PEDONE: I definitely will miss the next meeting and there is a chance I will miss the one after that. I come back on the 2nd, depending on what time my flight gets in. CHAIRMAN DAVIS: Okay. All right. I think we're in pretty good shape for a quorum, so we shouldn't have a problem Under BCC -- ' MR. OATES: Excuse me. Will the new people be appointed, reappointed or will the new people be appointed by that meeting? CHAIRMAN DAVIS: Does Ms. Filson indicate in her correspondence the_date that it's scheduled? They normally do that a meeting or two before our first meeting in October. MR. MULHERE: Yes. I don't think -- MR. PEDONE: My term expires October 31st. CHAIRMAN DAVIS: Right. MR. PEDONE: So -- MR. MULH-f2AE: Right. I don't think that it'll happen that quickly. It'll happen sometime in October. I'm sure that they'll get appointed, if I get something to her in the next week or so, potentially early in October. I think that, if I'm not mistaken, that the ordinance that establishes and sets forth procedures for advisory boards now, for all advisory boards, reads that you, if you are appointed, will serve until someone is appointed to replace you, so -- CHAIRMAN DAVIS: Right. I think we got that determination the last time around because there was a problem, something about the -- it didn't get advertised properly and consequently that determination was made by the county attorney's office. Under BCC report, I guess a testimonial to the excitement of my life, I watched the replay of the Board of County Commissioners' meeting last night, paying particular attention to the discussion -- HR. YORK: Katie is shaking her head yes. CHAIRMAN DAVIS: Yes. Your ratings went up last night. -- paying particular attention to their discussion ~;ith our Page 7 September 4, 1997 county attorney, David Weigel, concerning how we handle particularly land use petitions as it relates to what's now the City of Marco Island. And what I understood him to advise the Board of County Commissioners was that, until such time as a city council is seated on Marco Island, things remain as they are. And he specifically talked about petitions in the pipeline we would continue to deal with as we always would. MR. MULHERE: Yes. That's correct. There's probably somewhere -- well, I think the elections are scheduled for November 6th, mailed ballot, so until that time there are several petitions that are on Marco Island that are in the pipeline that will be heard and scheduled before the planning commission and/or the board as we normally would. Obviously anything that comes in at this point wouldn't be scheduled before you or the board until after that time anyway, and the charter calls for the city council to take on the powers and responsibilities of the planning commission and the board of zoning appeals and adjustments, et cetera, et cetera. And, however, most likely, what they -- what will be explored, I would assume, is an interlocal agreement of some type because obviously it will take some time for the City of Marco to establish ordinances and a growth management plan and those types of things, so there will be some form of interlocal agreement, I'm sure, established and I think that the county aclministrator has already got a task force looking into and working on that. For example, we have copies of an interlocal agreement that the City of Fort Myers Beach established with Lee County. So we're looking at those things. But it pretty much should be business as usual. However, you know, it does get a little bit complicated. For example, the boat dock petition that was continued, and if it's heard a month from now and if it's appealed, there's a question of when, for example, that would be scheduled for appeal before the board. The city council may in fact be seated by the time that gets -- so, issues like that, I guess, will be dealt with as time goes on. MR. OATES: Will there be any change in the composure of this plarining commission, because the district that I represent is only allowed one person? CHA/KMAN DAVIS: Yes. And, Mr. Oates, thank you Two of us were on the same wavelength. ' I would suggest to this board that we give some consideration to what Mr. Oates just brought up. Mr. Oates represents the commission district r_hat includes the City of Naples, and that con=~ission district only has one representative on this board, I think mostly for that reason. So it strikes me that, in the case of the commission district that includes Marco Island, that we would want to make a recommendation to the Board of County Commissioners to change the land development code as it relates to the planning commission to reflect the same in that commission district where there would only be one planning commissioner from that commission district, as in the case of Mr. Oates' district. It would just -- it would seem to me that it would just -- it just makes common sense that, if it auplies to one, Page 8 September 4, 1997 it would apply in the other. The only thing that occurs to me that it does -- it would change an uneven number of nine to an even number of eight, but since it's rare that -- well, not rare, but it -- very often, if one person's absent we have an even number anyway. So I don't really see that being a problem. But I'd certainly invite the rest of you to comment on that. MR. PEDONE: Considering it's my district. Yes. I am to agree with you, though. I don't think -- we don't have anyone on this board I believe who lives in the City of Naples, do we? MR. OATES: I -- CHAIRMAN DAVIS: Not currently, but that commission district, which district is that? MR. OATES: 2. CHAIRMAN DAVIS: District 2 has always -- the ordinance provides for there being one member. MR. ~EDONE: 4. MR. OATES: It's 4. CHAIRMAN DAVIS: I'm sorry. District 4. MR. PEDONE: You have one member representing an area that comprises both the city and the county area, and that will be the same situation for District 1, which will have Marco and East Naples. But we also have a lot of territory, I think a lot more to cover than District 4 has, so you may want to keep two because of the expansive area. CHAIRMAN DAVIS: Yes, maybe. It just -- it strikes me that if, if it applies to that one commission district, in all fairness, you wou~d want to treat the other the same. MR. PEDONE: I would think you would treat it on population also, and on area, square mileage. MR. MULHERE: What I can do is, I could prepare a report for the board to consider that and consider the current distribution based on district and wide representation, they can look at all of those issues, you know. For example, you could -- the planning commission could then maybe have one person from the city and one person from Marco and have two from each district. I don't know. There's options and we can certainly look at all of those options. It's rare because we really don't deal with that many issues -- the planning commission doesn't deal with that many issues that wouldn't necessarily affect the city whereby they would want to have -- necessarily have more than one person on the planning commission. Most of it's zoning matters that are in the unincorporated area and that's probably why there's only one seat for that. But we can -- if I put together something which at least sets forth options available to the board, then -- and let them make a consideration. CHAIRMAN DAVIS: Yes. I think at the very, I guess at the very least, we need to bring it to the Board of County Commissioners' attention that, you know, we've got those concerns and, of course, it's a policy decision by them as far as what, what they'd like to see. But at least we've raised the issue for them. Page 9 16G 2_ September 4, 1997 MR. YORK: That's consistency in application. CHAIRMAN DAVIS: Consistency in application, exactly. MR. MULHERE: I'll copy you on whatever I send to them. CHAIRMAN DAVIS: Okay. Yes, because -- and when that may be scheduled before the Board of County Commissioners, because there may be those of us sitting here that would like to appear and speak as it relates to that issue. MR. MULKERE: And I apologize. I have another meeting, so Mr. Nino, in my absence, will take over. CHAIRMAN DAVIS: Thank you. We're reminded that the APA conference is being held at The Registry this week and I know that is where Mr. Mulhere is headed. ' Under Chairman's Report, I wanted to recognize Ms. Lane. She's brought us -- well, last time, last time as I recall it was sixteen pounds. ' MR. YORK: That's correct. CHAI~%/g DAVIS: This time it's quite a bit briefer than that, which we thank you for. But I think you want to tell us a little something about it. Ms. Lane? MS. LANE: Lee Lane, for the record, Comprehensive Planning. Yes, it is a little bit lighter. What you have is the final hearings by the planning commission on the comprehensive plan amendments. You heard them back in April. Those were forwarded to DCA for their comments. We have received their ORC Report back and now we're making changes or no changes based on that report. You will make, hopefully, a final recommendation of approval to the board, and they will hear it on October 28th. So hopefully we wil~ have a new comprehensive plan by the end of the year. CHAIRMAN DAVIS: And basically what you've provided us to review for our next meetinG this month is what we transmitted to DCA, DCA came back and had some concerns and then staff has prepared respcnses to those concerns? MS. LANE: Correct. We have not Given you the full packet like you had before. We figured you basically had seen it twice, with the EAR amendments and the transmittal package. We will have a full set here if there are any questions of the actual elements themselves. These are just the policies and objectives that they had any problems with that we sent up and amendments to those. CHAIRMAN DAVIS: Upon our review, if we have any questions, we can contact you at Development Services -- MS. LANE: Yes. CHAIRMAN DAVIS: -- in the interim? Okay. MS. LANE: Yes. And I have an agenda on there. We'll try and follow that. There were two elements that we didn't get any comments on at all. CHAIRMAN DAVIS: Okay. Very.good. MR. YORK: There are trees out there that owe their lives to you. MS. LANE: Thank you, gentlemen. Page 10 16G 2. September 4, 1997 CHAIRMAN DAVIS: Thank you. With that I believe we're ready for our first agenda item, which is Petition BD-97-17. I'd ask all people here today who may want to speak on this issue to please stand, raise you right hand so the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. Mr. Gochenaur? MR. GOCHENAUR: Good morning. For the record, Ross Gochenaur, planning services. for aThe petitioner,s requesting a twenty-six foot extension to allow forty-six foot boat docking facility accommodating one, twenty-four foot pleasure craft. The petition is the result of a shoal extending from the sea wall into the waterway. The waterway's about 300 feet wide at the proposed site and a minimum of fifty percent of the width of the waterway would be maintained. Two p~ior petitions for the docking facilities were submitted for this property. The first, which included plans for a lift, was denied. The second, which eliminated the proposed lift, was granted approval for a 45 -- excuse me -- 40.5 foot protrusion. Although the dock was only as built to thirty feet, the completed facility now proposed would extend 5.5 feet beyond the 40.5 feet granted earlier. Four boat dock extensions ranging from 17 to 48 feet have been approved for this waterway. No objections to this project have been received. The proposed facility meets all criteria and staff recommends approval. CHAIRMAN DAVIS: Any questions of staff? -Petitioner? MR. SCOFIELD: Miles Scofield representing Dave Lance. It's pretty straightforward. If you have any question, I d would be glad to answer it. ' CHAIRMAN DAVIS: Any questions of the petitioner s representative? ' Anyone else here today that would like to speak on this petition? Seeing none, I'll close the public hearing. MR. BRUET: Mr. Chairman, I recommend we approve Petition BD-97-17, subject to the stipulations listed in the resolution. MR. OATES: Second. CHAIRMAN DAVIS: Motion of approval by Mr Bruet, seconded by Mr. Oates. · Discussion on the motion? All those in favor siqnify by saying aye. Opposed? (No response.) Carries unanimously. CHAIRMAN DAVIS: Next ~p, PUD 89-14(1). Once again, all those people here today that may testify on this matter please stand, raise your right ha~d so that the court reporter may swear you in. Page September 4, 1997 (The speakers were sworn.) CHAIRMAN DAVIS: Thank you Mr. Reischl? ' MR. REISCHL: Good morning, commissioners. Fred Reischl, planning services. This is an amendment to the Breezewood PUD. It was amendment was directed by .... the CHAIRMAN DAVIS: Fred if I could interrupt you for a minute. forgot. ' Mr. Scofield, I'm required to advise you that the applicant should be aware that this boat dock petition may be appealed by an affected property owner within fourteen days of this hearing and, therefore, the applicant proceeds with construction at his own risk during this period. I know you've heard that about a hundred times before, but the county attorney would probably give me a hard time if I didn't read it to you. MR. SCOFIELD: Okay. CHAIRMAN DAVIS: Thank you. I'm sorry, Mr. Reischl. MR. REISCHL: This pUD amendment was directed by the Board of County Commissioners as a result of the PUD sunsetting requirements. The PUD is located in the southwest corner of the intersection of Immokalee Road and 1-75. It is surrounded by the Donovan PUD on the west, Donovan Center pUD, and a small agricultural parcel, by agricultural land on the south, and by 1-75 right of way, and again another small agricultural parcel on the east. In the amended PUD document, the commercial uses remain the same. The density was what was directed by the board was an inconsistency between the dwelling unitst° be corrected. There hotel~motel and the total number os .--~ .... per. acre for the capped, therefore this inconsisten~ ~lu~ unat the hotel/motel was There were also some minor chan-esc~. as corrected in the amended pUD. and other categories, such a- -~ ~n ~ran~por~ation' environm ~ings like that, and a~ri~..~a~,ping ~itles and department, :~al une PUD. But basic ~:,,~t~ral accident standard the inconsistency of the density.''-~ =,~=nge in it was the repair of And staff recommends approval. Oh, one other thing that was brought up yesterday, which was on short notice, was that this -- the petitioner for this parcel, small, I think -- I believe it's a 0.3 acre parcel on the east, apparently has lost access. And, as I said, this was brought to our attention yesterday. We had no time to even talk [h ?eti +oner on his, and they would like to be able to negotiate tu une Pe::tioner to provide interconnection with their parcel. CHAIRMAN DAVIS: That's -- that's somet ~ between today and before it goes to .... ~n~ that COuld occur Page 12 September 4, 1997 MR. KANT: For the record, Edward Kant, transportation Services. I spoke with the representative of that little triangle yesterday, and again, their concern with respect to access was manifested because of the language that we have tried to include in other, similar PUPs, specifically down on Pine Ridge Road, which I'm sure you're familiar with, where we've requested cross-access and where we've reviewed site plans and master PUD plans that show future access to adjacent parcels that are cut off by the limited access right of way line. Unfortunately, in this case, when one looks at the Breezewood internal roadway circulation system a_nd the location of this parcel, it may not be very practical, unless the people in Breezewood do choose to allow for that. As I explained to the petitioner, it's my understanding that we don't have a mechanism that can force a cross-access and, therefore, if they can negotiate it, that's between them and the adjacent property owner. Failing that, they may want to talk to legal counsel as to whether or not they should talk to the FDOT. So I don't think that there -- from our point of view at transportation, we don't see any reason why you can't act on this petition, on the face of it. CHAIRMAN DAVIS: Mr. York? MR. YORK: They have access to it through their own property, don't they? MR. REISCHL: This is an independent parcel, this small triangle here. About a third of an acre. MR. KANT: That's the parcel in question. MR. REISCHL: Again, this is a separate parcel That's colored yellow because -- · MR. YORK: That yellow -- MR. REISCHL: -- that's -- I colored it for the zoning, but the parcel is only this small segment there. MR. YORK: The old landlocked story. MR. REISCHL: After the acquisition of 1-75, right. CHAIRMAN DAVIS: Any questions of staff? Petitioner, do you have anything to add? I think it's a situation, as when Mr. Pauly was before us last meeting where the Board of County Commaissioners has asked him to do certain things, and he has done those things. MR. REISCHL: He has complied, yes. CHAIRMAN DAVIS: Okay. Anyone else that would like to speak on this petition today? Seeing none, I will close the public hearing. MR. BRUET: Mr. Chairman, I recommend we forward PUD 89-14, in parens, 1, end of parens, to the BZA with recommendation for approval. MR. YORK: ;~at about the access? ~. BKUET: I'm-- CPIAIRMAIq DAVIS: Any comment on that? MR. BRUET: I'm not going to comment. I think that's a legal issue and I think on face value we need to address the petition. Page 13 September 4, 1997 CHAIRMAN DAVIS: Motion of recommendation __ approval by Mr. Bruet, seconded by Mr. Oates. Is there a discussion? MR. YORK: I have one question. Again, we come to a property rights issue. The guy owns a piece of property there he can't get to. MS. STUDENT: Excuse me. That's usually a private matter between the parties, and there's a statutory process where somebody,s landlocked. There's a -- I can't tell you the details of the process, but I think it's important to note that this is already an existing PUD, is it not? MR. REISCHL: Yes. MS. STUDENT: It already exists, so these are just changes that were made pursuant to our sunsetting provisions for PUDs. And again, generally when there's a situation where somebody,s landlocked, their easement of necessity and that type thing, that are private matters between property owners that the governments don't usually involve themselves with. MR. REISCHL: And the reason I brought this up was because of the frontage road question, where, within an activity center, especially in an interstate activity center, we encourage the use of frontage roads rather than having individual access to each property. So that's why I brought it up in this matter, at this time. MR. KANT: Again, that particular piece has been there ever since 1-75 came through, and, frankly, I'm somewhat puzzled. If you look at the 1-75 right of way map, and even on that map there are at least three and possibly half a dozen small narrow strips of what I would call economic remainders. But, for whatever reason, either the state chose not to acquire those or they may have acquired them, paid them off ~nd are just doing nothing with them. But, in any event, from an access or a transportation point of view, that parcel, that three-tenths of an acre, is most likely unbuildable as it stands. So we see no consequence from whatever the results of this PUD are. And as the county attorney, s pointed out, this is really probably between the private parties. We don't believe the county has an interest in it. CHAIRMAN DAVIS: Okay. Good enough. Any other discussion? Ail in favor signify by saying aye Opposed? · (No response.) That carries unanimously. MS. STUDENT: There is one -- there's one point maybe Mr. Bruet can clarify. He said to the BZA, but this is a re-zone, and that goes to the Board of County Commissioners. So I don't know if you want to just clarify that for the record or not. MR. BRUET: That's the way the staff report was written so that's why I read it that way. MS. STUDENT: Okay. Could you make that correction for the record, Mr. Reischl? MR. REISCHL: I didn't hear the question. Page 14 September 4, 1997 MS. STUDENT: I understand that the staff report indicated this goes to ~he Board of Zoning Appeals. It's a re-zone and it goes to the Board of County Commissioners. MR. REISCHL: The correction,s noted. MR. BRUET: i'll amend mY motion to say, to the appropriate moving authority. that?CHAIRMAN DAVIS: Is there anyone here that has a problem with Seeing none, the motion as approved will stand. Petition CU-87-15. Once again, all those here today that are -- that may want to speak on this issue, please stand and raise your right hand so that you may be sworn by the court reporter (The speakers were sworn.) ' CHAIRMAN DAVIS: Thank you. Mr. Reischl? MR. REISCHL: Fred Reischl, planning services. This is a request for a conditional use for expansion of parking and use of an existing single family home as office and fellowship home at the north of the existing Seventh Day Adventist Church, which is close to the intersection of US 41 and Pine Ridge Road, within the Pine Ridge subdivision. The existing church is on Lot 1. The lot in question today is Lot 2, which is one lot north of that, on Caribbean Road. And this is a blow-up of that, and showing the dark line, which is the activity center boundary, the existing church highlighted in yellow, and the subject lot highlighted in pink. Both of those lots are within the activity center, which starts at US 41 and Pine Ridge Road. As far as transportation issues are concerned, the staff feels thaf there are -- would be only a minor increase in traffic since the church itself is not expanding, it would be the office use and fellowship use, which would be study groups, things like that. Therefore, there is not a significant increase in traffic. The church has applied to keep the two existing driveways on the single family house, however, staff has recommended that those driveways be removed and access to the site be from the existing church parking lot, keeping the one existing church access driveway. Growth management plan. This is an activity center, however, the underlying zoning will remain RSF-1. The recfuest is for a conditional use, conditional use for church and related activities which is permitted with the approval of the Board of County Commissioners in residential zoning. As it relates to neighboring properties, along the north property line, which would be adjacent to the existing single family home, there would be a Ty~e B buffer, which would be the six foot tall, eighty percent opaque after one year, buffer, landscape buffer, or a combination landscape wall or wall adjacent to the north property. Along Caribbean Road, there would be, since this is an activity center, there would be a twenty foot buffer and within that twenty foot buffer would be the traditional trees on -- every thirty feet on center and a double hedge row. Since this would be parking, it would Page 15 September 4~ 1997 be a vehicular use area, so the Type B buffer would apply. As far as compatibility is concerned, churches are noz-mal activities within residential districts. They can go into commercial but there are many churches in Collier County within residential districts, and staff is recommending and the church is proposing, the buffers. ' I have received many letters and phone calls, and you have a couple of them that asked to be distributed to you early. Every person spoke a little bit differently, but the general content of the calls and letters was that the church parking expansion was not in keeping with the character of the neighborhood, that Pine Ridge has a unique character, and several callers had expressed the fact that removing the pine trees to add additional parking would remove the character that's unique to Pine Ridge. A lot of people said that the intensification of the use was not something that they were in favor of, but, again, the main thing seemed to be the opposition to the changing o~ the character of that lot which then would change the character of the surrounding single family parcels. This did meet the criteria that the code points out for approval of a conditional use and staff recommends approval, with the stipulations that we've added. CHAIRMAN DAVIS: In the way of disclosures, I made a site visit and am in receipt of letters, one from the Pine Ridge Civic Association, which I was given today, and a Mr. Richard C. Grant, one received in the mail from, I believe it to be a Mr. and Mrs. Watson, and a phone conversation with Mr. Cliff Sckneider, who is a member of the architectural review committee of the Pine Ridge Road -- Pine Ridge Civic Association. -I believe, Mr. Reischl, in the -- in your pro and con of your very good staff report, which includes photographs -- I applaud you once again -- you talk about the, when it talks about the compatibility with adjacent properties, one of the criteria, on con you talk about the parking lot being a more intense use than the single family house, which I think is pretty obvious, but that does not change your opinion that all the criteria are in fact met? MR. REISCHL: Technically, a single family house could pave their entire lot, I mean, so their -- the same effect could be achieved as a single family house still existing there. I know that that's not usually what happens with a single family house, but there's no code that prohibits that. MR. BRUET: Without coming to this board MR. REISCHL: Right. ' CHAIRMAN DAVIS: Mr. York? MR. YORK: My concern is that we see this time and time and time again. We get a church in a residential area with conditional use and they want to intensify, they want to grow, they want to expand. And, I'm sorry, but I just can't support it. I just think it detracts from the overall appearance of the neighborhood. It doesn't seem, to my point of view, to fit all the criteria. I can't support it. CHAIRMAN DAVIS: While we still have a lot of testiaiony to come Page 16 '1.6G September 4, 1997 before us, I agree with Mr. York. At least at this point in time I've got a real question in my mind as far as its compatibility. Any other questions of staff or comments before we hear from the petitioner? MR. BRUET: I assume the parking lot is driven by growth, it's within the community. Is there a parking issue today? MR. REISCHL: Yes. MR. BRUET: Say we disapprove the parking expansion, is there a traffic problem -- MR. REISCHL: Well -- MR. BRUET: -- in question? MR. REISCHL: The traffic is going to remain the same, apparently, because the same number of cars are visiting the site. That's why we considered it a minimal increase in traffic. It's going to alleviate a parking problem more than a traffic problem. And the roads in t~e Pine Ridge subdivision are -- the right of way is, I believe, the normal size, but the paved part is very narrow. ~. BRUET: Do they park in the right of way, has there been any -- MR. REISCHL: I believe that's -- MR. BRUET: -- problems with the -- MR. REISCHL: -- what's been communicated to me is that, right, there is inadequate parking for the existing church. MR. BRUET: So it's a matter of addressing the problem or not, as much as anything? CHAIRMAN DAVIS: In that same vein, Mr. Reischl, do you have any knowledge about this facility being used by two separate congregations? I know for a period of time that it was, and the point was made in the newspaper article that I remember reading that, since the two congregations traditionally met on different days, it had worked out quite nicely that the facility could be jointly used. MR. REISCHL: That's my understanding. CHAIRMAN DAVIS: Which would exacerbate any traffic problems, wouldn't it, or I guess maybe just lengthen the problem. MR. REISCHL: On -- you would have that same problem on different days. CHAIRMAN DAVIS: On Saturday and Sunday, maybe, instead of just Sunday. MR. RHISCHL: Just Sunday, correct. MR. OATES: Just Saturday. CHAIRMAN DAVIS: Ail right. The petitioner's representative or the petitioner? And you have been sworn, sir? MR. ~N: Yes. For the record, Colin Ram~ton, pastor of the Seventh Day Adventist Church. Let me just address the last issue that was brought up between affecting -- as concerning the two churches. As of last Sunday, the church that was currently meeting there, the Community Church, they have left, and we do not have any plans for the present time of renting the church on Sundays for the foreseeable futu~'e. Page 17 September 4, 1997 As far as the parking lot is concerned, we have had a parking problem, particularly in the wintertime, not so much in the summer. But particularly in the winterti/ne our congregation adds probably a third as far as numbers go, and this has been a problem for a number of years. And when the property became available, we saw this as an opportunity to expand our parking. Now, it is not our intent by any means to blacktop the parking. If you go by our church, I think you would find our church is one of the nicest. Aesthetically, as far as the lawns and upkeep of the property, it's one of the nicest looking properties on Caribbean. The property next door has a lot to be desired. The building needs to be painted, the yard itself, the weeds are two feet high. We intend to beautify that property to look as nice as the property we occupy at the present time. We're not -- we do not plan to put in blacktop. There will be parking -- as you see on your papers here, we plan to put angled parking around the circular drive, and there will be parking on the grass. So that's our particular intent. I knc~, pine trees are a problem to park under because they drop their sap on cars and it's very difficult to remove. If we did remove pine trees from the property, our intent would be to replace them with other trees that wouldn't cause those kinds of problems. HR. REISCHL: And just to reiterate what Mr. Rampton said, that the requirements for church parking would allow grass parking with a stabilized subgrade. MR. RAMPTON: As far as the traffic on Caribbean, we have a neighbor that lives across the -- across Caribbean from us, and he, on a number of occasions, has bold me bhab he has counted the number of cars that actually go up Caribbean on Saturday morning. He says it's no ~ore than half a dozen. The majority of vehicles, we do not have members that actually live in Pine Ridge, and so the majority of vehicles, I would say ninety-five percent, actually turn out onto 41 and do not go up Caribbean. CHAIRMAN DAVIS: AnY questions for the petitioner? Thank you, sir. Anyone else that would like to speak on this petition please come forward to the podium. ' HR. SAUNDERS: In opposition to the petition at this time? CHAIRMAN DAVIS: For it or agin it. MR. SAUNDERS: My name is Burr Saunders with the law firm, Woodward, Pires & Lombardo. Chris Lombardo, a partner in the firm, is a resident of Pine Ridge and he's also president of the Pine Ridge Civic Association, and that civic association has taken a very strong stand against this petition. There are several people here from the Pine Ridge area that will speak in opposition to this, and they'll raise different issues concerning traffic and compatibility and those issues. I would like to -- we're going try to limit that to three or four people as ouDosed to having everybody speak. The first person is Arnold Dehart. Mr. Dehart is the secretary of the Pine Ridge Civic Association and will tell you some information Page 18 September 4, 1997 concerning the Association and their position concerning this. sir. CHAIRMAN DAVIS: I heard Mr. -- while you're -- please come up, Mr. Saunders speaks specifically about the criteria, and I would remind all of you that that's what we're constrained by, and if you can limit your comments to the criteria that we are constrained by, we'd appreciate it. Please come for~ard, sir. MR. DEHART: For the record, I'm Arnold Dehart, secretary of the Pine Kidge Civic Association. And, as you've observed previously, and noted in the letters you have, the Civic Association is committed to maintaining the single family, residential character of the community. The board cannot support any effort to change this single family character and will not support changes in modifying the zoning of this subdivision. That's given in the conditions given by our covenants, unless it is shown by compelling circumstances that the continuation of the residential usage is no longer feasible and that other uses are not of interest to the adjoining property. And, two, that by an appropriat~ vote by the lot owners in that first Pine Ridge subdivision, that is fifty percent plus one, there is a stated desire to amend the declaration and covenants. Since neither one of these two requirements have been met, the board of directors of the Pine Ridge Civic Association cannot support this amendment, and would encourage you to reject it. You referred to the letter from Cliff Schneider, our architectural control committee chairman, and he asked me to point out there is a typo. We do have a section set aside in Pine Ridge Orchards, and it's Block O, I think. The "0" is misstated in your letfers. I have a personal problem granting a conditional use for a church parking lot when that church is trying to sell their current property. If you go by and you see, there's been a For Sale sign on the front for years. I have been told that they have a lot in another area and they are trying to move to this other area. So I have a particular personal problem with that particular situation. So we respectfully request that you reject this petition. Thank you. C~AIRMAN DAVIS: Thank you, sir. While the next speaker is coming up, Mr. Reischl, if a modification to a conditional use is granted and then that property is sold shortly thereafter, what happens to the conditional use? MR. REISCHL: If the conditional use -- if the use that is granted is not used for a period of one year, then the conditional use expires, so it would have to be in use, whether by -- this is for a church, not for Seventh Day Adventist Church. If they sell to another church, that church, as long as they pick up that use within one year, can continue it. CHAIRMAN DAVIS: All right. Yes, ma'am. MS. WATSON: Mimi Watson. I am a resident of Pine Ridge. I'm Page 19 September 4, 1997 also on the board of directors. But particularly I have been a resident of Pine Ridge on East Avenue, which is one street over from Caribbean, since 1959. And we are -- since we have been there, the Pine Ridge subdivision has been expanded twice, to the Pine Ridge Extension and the Pine Ridge Second Extension. And, as Arnold pointed out, the Collier corporation, when they platted the land, set aside specific places for churches, specifically Block O, and it is well-used by the churches. It is full of churches. The Seventh Day Adventist Church is in its location, I believe, on a residential lot with conditional use. And it has been there quite a long time. But there were other reasons why it was allowed, namely, the fire station was next door to it The fire station has now moved. ' If we allow the expansion of the parking lot, they would necessarily destroy some of the native vegetation that is there. Besides pine trees, there are mahogany trees and palms, and it would be inconsistent with the wooded nature of the area and the lots next door. We ar~ protesting the attempted encroachment into our residential neighborhood and we would not want it to change the character of Pine Ridge. Pine Ridge is rather unique. We are surrounded by four-lane roads and a lot of traffic. I have given to Mr. Reischl copies of the petitions that we have circulated. We have in excess of seventy-five residents who have signed the petitions in opposition, and they represent fifty-two homes. I also gave him a little map that's colored in pink the lots that signed the petition. Now, of the ones that are not colored yet, some of them are out of town, some of them are residential and some of the~ have not been built on. But we respectfully request that you deny this petition. CHAIRMAN DAVIS: Thank you. Is there another speaker? CHAIRMAN ~AVIS: Yes, ma'am. Please come forward. MS. TIMMTNS: Good morning. My name is Susan Timmins and I live on 76 Caribbean Road along with my husband and our three children. We are extremely concerned about the traffic impact that will result from the proposed conditional use. Simply stated, the proposed expansion of a nonresidential use in a long established residential neighborhood zoned RSF-1 is not consistent with the character of the neighborhood. While I am not a traffic engineer and have never even seen an ITE trip generation manual, I offer the following three observations and comments to the July 10th, 1997, memorandum from Collier County Community Development and Environmental Services to the planning commission regarding this petition. Item Number 1. Under the heading Requested Action -- I'm referring to this, this paper -- the applicant requests approval of a conditional use for expansion of church parking and accessory church uses. What are "accessory church uses"? The memo also states that the existing building will also be used for offices and a fellowship home. What precisely is "a fellowship home", and what are its hours Page 20 ~l,~ · i i iiiI I II II I IIIII I I IIII I IIIII II IIII II Ill I~1 September 4, 1997 of operation? If we do not have absolute clarity on these issues, then how will Collier County know if the church is operating within it's conditional use limits and the traffic impact? Item Number 2. Under the heading Transportation Infrastructure and Environmental Impact, the memo states that the ITE trip generation manual indicates that the proposed fellowship home church will generate fifteen to twenty trips on a weekday. Why is there no reference to trip generations on a weekend, which is the busiest time for traditional church operation? Doesn't it make sense to consider the traffic generated on these two busy days, especially given the fact that the weekend is when neigb_borhood families are most apt to be outside playing and riding their bikes in the street? Further, if fifteen to twenty trips will be generated on a weekday, and this is the assumption under which staff determined that the expanded conditional use will not negatively impact traffic volumes, then why does the applicant's own site plan show fifty parking spaces? This does not pass any test of common sense, particulaIly given the fact that these fifty parking spaces can turn over two, three, four or ten times a day. Number 3. There is no reference in the memo regarding the fact that the Seventh Day Adventist Christian School provides nine grade levels of education, K through 8. A sign is posted on the property advertising this fact, and the school is listed in the Yellow Pages. What does the ITE trip generation manual say about traffic generation for a private school serving grades K through 8? Was this considered? And further, it is likely that the existing home located on the subject property would be utilized to expand the school operation under the heading Related Church Use, and was this considered when analyzing the traffic impact? It appears that this is not the case. In summary, I believe that, to accurately determine the traffic impact of the proposed conditional use, one must consider the full extent of the current church, private school, related church uses, offices and fellowship home. These uses are not separate, they are intertwined just like the real estate under them. To suggest that the proposed conditional use will generate fifteen to twenty trips on a weekday is an incomplete and flawed way of evaluating the real world situation before you today. While I'm happy that the church, school and fellowship activities are successful, their expanding presence is not consistent with the neighborhood, poses far greater traffic impacts than reported and therefore creates a safety hazard for all residents in the area. We are opposed to the conditional use application. Thank you very much for your time and your consideration. CHAIRMAN DAVIS: Thank you. Any other speakers? MR. RICHARDS: Good morning. Stan Richards. I have lived in the Pine Ridge subdivision for probably the last twelve or thirteen years, and the last two or three years I ara the property owner of Lot 3, directly adjacent to what the church wants to change into fellowship and office and parking, which I object to. Page 21 16G '2 September 4, 1997 Having lived next door for the last couple of years, I know how much traffic is generated. In addition to that, we were members of Covenant Church, and if some of you are aware of what they called a blank, which is uzed as fellowship and offices, that creates a tremendous amount of traffic, weekends and evenings. So I just want to go on record as being opposed. CHAIRMAN DAVIS: Sir, if I could ask you a question~ MR. RICHARDS: Certainly. · CHAIRMAN DAVIS: The Covenant Presbyterian Church, you said you are a member there? MR. RICHARDS: We were. CHAIRMAN DAVIS: Would it be your observation that a lot of people that are members of that church also are residents of Pine Ridge? HR. RICHARDS: I don't know what percentage. Some are. CHAIRMAN DAVIS: Some are. Okay. Thank you. Any cther speakers? MR. SAUNDERS: Mr. Chairman, just to wrap up, in terms of the opposition, it's always very difficult to vote against a church. Having sat on the county commission for eight years myself, I can personally attest to the difficulty in making those types of decisions. Typically what happens in reference to a church requesting a parking area in a residential community is that, when they're approved, typically you don't have an outcry from the neighbors saying, "We don't want this in our neighborhood.- That's what you have this morning. And this is obviously more than just a parking lot. It's been pointed out that there's the issue of the office space as well as the fellowship hall. ' So it's more than just the intrusion of just a parking lot into the residential area. And the citizens of Pine Ridge have fought long and hard to protect their neighborhood and I think they are to be commended for being here this morning to do just that, to protect the residential character of their neighborhood, fight to They are up in arms about it in opposition to this and would respectfully request your vote of denial of this. Thank you, Mr. Chairman and members. CHAIRMAN DAVIS: Thank you. And the petitioner for some wrap-up. MR. RA~PTON: I would like to just clarify a number of points that have been brought up here this morning. The first one is the use of the building. It is our intent that the only use of the building will be for classes on Saturday morning and perhaps some youth activity once a Saturday evening. There is no intent to use it as a church office. I already have an office in the church and I do not plan to use that building as an office. When we talk about church-related activities, it is specifically activities for Saturday morning classes and perhaps a Saturday night, and that's all. We have facilities on our grounds, a fellowship hall and so forth, where these activities-- other activities are normally carried on. Page 22 September 4, 1997 There is no intention to expand the school into that building, none whatsoever. We have a small school with twenty-eight students, about thirty-five students, including the kindergarten. The school has only been a small school. We intend to keep it a small school. We have no plans of expanding it. We don't want to -- we don't intend to have a split campus. We have room on our current property to build a kindergarten room if we wanted to, but we don't need to at the present time. So the school, to us -- expanding the property and making this building into a school doesn't hold any water, as far as I'm concerned. I would like to reiterate.again that, as far as the traffic is concerned, the seating capacity of our church is 200. We reach that capacity during the wintertime. In the summertime our capacity's about 150. And our parking lot, at the present time, the spaces that are designated for parking have been cut dow~ to about seven feet per parking s~ace instead of the regulated nine feet. We aren't a fast growing ckurch as such. We do have people moving into the area. We do not have any members in the Pine Ridge Association, that I am aware of, and therefore I would like to say again that all the -- the majority of the traffic all moves out onto 41 to exit the church, and it comes in from there. There are one or two cars that come in and use Pine Ridge as a shortcut sometimes coming in off 41 North, and perhaps off Goodlette, but that's on a very rare occasion. So the usage of that building during the week is virtually nonexistent, but there will be some use of it on weekends. CHAIRMAN DAVIS: Okay. Mr. Bruet? MR. BRUET: Pastor, excuse me. I have a question. Is it certainly then safe to say that there are no intended changes in your use~; you are going to conduct your ceremonies or religious -- MR. RAMPTON: Our services are going to continue -- MR. BRUET: -- exactly as you have in the past? MR. RAMPTON: -- just as they are. MR. BRUET: The only reason that you need the -- that you're here today is to address an existing condition, in that there is no plans to extDand or utilize the parking area in any other way other than what the conditions are today? MR. RAMPTON: Our original request is primarily for expanded parking. It so happens that there was a house on the property. If it wasn't there, our request wouldn't be any different from what it is. The fact that the house is there, we're going to improve it, we're going to -- we're going to paint it, and it will be used for some classes on Saturday morning, when we have our regular services. As far as the property being for sale, it's been for sale for a long time. We feel that our hands are tied because the property cannot be turned into commercial property and, because of the size of the church, another church coming in there basically cannot afford that property because its only got a -- can only have a seating capacity of 200 people. So we're kind of stuck anyway. However, we felt t~at, as long as this property that we're trying to purchase was in question, we would Page 23 September 4, 1997 keep the property on the market. I mean, to take the property off the market, then perhaps find that the sale of the property didn't go through, it would be defeating our purposes. But if we are able to purchase this property, the For Sale sign will probably be coming down. We do not -- if we get this property, we have no intentions of going elsewhere. CHAIRMAN DAVIS: Thank you, sir. Yes, ma' am. MS. SALISBURY: Janice Salisbury, and I'm a homeowner in Pine Ridge. I have had three homes in Pine Ridge. I'm for it, for the church. I live at the corner of Ridge and West. I have had three homes on this street, across from Charisma Chapel, the Blink. Oh, I live all by those churches. Never has there been a problem with traffic. I don't have a problem. The church can only offer good things to the community, services. And I'm for it. Okay? CHAIRMAN DAVIS: Thank you. Anyone else to speak on this petition? Seein{, none, I'll close the public hearing. Mr. York? MR. YORK: Mr. Chairman, we have four criteria on which we're supposed to base our judgement. And, in my opinion, this petition doesn't meet C and definitely doesn't meet D, and I would move that we forward the petition to the Board of Zoning Appeals with a recommendation of denial. MR. BUDD: Second. CHAIRMAN DAVIS: There's a motion of recommendation of denial by Mr. York, seconded by Mr. Budd. Discussion? MR. BRUET: Mr. Chairman, I guess I'm trying to understand whether we're trying to improve a condition or create a more serious condition. I still have a little problem with that. If they aren't expanding their uses of the facility, aren't we addressing the parking that exists today, which obviously is of a concern. And I don't see the number of cars decreasing. To me it looks somewhat of a safety issue in providing adequate parking for an appropriate number of vehicles. CHAIRMAN DAVIS: Mr. -- I understand what you're saying, Mr. Bruet, and the two criteria that Mr. York cited that he has a problem with do not have to do with the traffic. And, just speaking for myself, for me it's a compatibility issue. It was interesting to hear the pastor say that, as far as he knows, there's no residents of Pine Ridge that are members of the congregation. And not that that by itself makes it incompatible but I think a lot of times when we look for a conditional use for a church in a residential setting, part of the compatibility of that church and its congregation is that it serves the surrounding residents that are in that particular neighborhood, because very often we see that with churches. Churches will be in a residential area but also a lot of the people that live in that residential area attend that church, so it becomes kind of a neighborhood facility, if you will. And my, my concern too is that Page 24 16G l September 4, 1997 certainly there is an existing observed conditional use there for the way it's currently being used, and the expansion of the use. And I agree with Mr. York, under Criteria C and D, I -- with what I've heard here today, I just simply can't make a finding that those two are okay. Any other discussion on the motion? MR. BRUET: Again, I just -- I just see them as addressing an issue out there, and in a more orderly fashion, and perhaps somewhat in the line of safety for vehicles and pedestrians and when conducting services, if cars are parked in swales and around the property, I don't believe that's really appropriate. And if we can help them solve the problem, I guess I can go along with their petition. MS. STUDENT: Mr. Chairman, one point. I know you made disclosures, but before you take final action on this matter, if the other members would make their disclosures and also, if the public would like to come and ask any questions about that, that would be appropriate. I just wanted to put that on the record. CHAIRMAN DAVIS: Mr. Budd, any disclosures? MR. BUDD: Yes. Mr. Chairman, the letters that you had referenced from Mr. Graham and from the Pine Ridge Civic Association, I received the same letters. I didn't have any other conversations or site visits. MR. BRUET: I am in the same situation as Mr. Budd. CHAIRMAN DAVIS: Okay. Mr. York? MR. YORK: Same situation. CHAIRMAN DAVIS: Mr. Oates? MR. OATES: Same situation. MR. PEDONE: Same situation. MR. WRAGE: Same here. CHAIRMAN DAVIS: And I'll clarify the record. There was -- one of the speakers alluded to a letter I received from Mr. Schneider from the architectural review committee. I did not receive a letter. It was a telephone conversation. But I'd also point out that, while we have received letters and seen petitions and things, I know it's my personal policy -- and I think the policy of the rest -- that we base our decision on the testimony that we hear today during this hearing. And on -- with those disclosures, if anyone in the audience has questions on them, they're certainly welcome to come up and ask those questions. MS. STUDENT: And I would just like to point out too for the record, I can't give you the resolution number, but pursuant to Florida law, you, because this has come up recently, we have a resolution that we -- our board adopted a couple years ago that ex parte communications are okay as long as the planning co~=~ission members disclose the substance of the conversation that they had and ~ho it was with, and have the letters here and make them available for anybody who wishes to see them. And the purpose of that is so that members of the public can ask questions about those and rebut any evidence that might be presented in those letters and then that cures any problem that might be raised because of an ex parte contact. Page 2 5 September 4, 1997 CHAIRMAN DAVIS: Mr. York? MR. YORK: I'll call for the question. CHAIRMAN DAVIS: Mr. York has called for the question. I would ask all those in favor of the motion to signify by saying aye. Opposed? (No response.) Passes unanimously. And the letters that Ms. Student referred to will become a Dart of the permanent record. If there's anythin~ else -- please, if everyone would take a moment to fill out their finding of fact and pass that to the center. CHAIRMAN DAVIS: Next up is PSP-97-4. Once again, I'll ask all those present that are going to testify on this issue to please stand and raise your right hand so the court reporter may swear you in (The speakers were sworn.) · CHAIRMAN DAVIS: Mr. Nino. MR. NINO: Ron Nino, for the record. CHAIR~N DAVIS: A very straight and simple PSP? MR. N~NO: Indeed it is. The PSP before you covers the same property that about a month ago you recommended approval to the re-zoning petition for a PUD for Marker Lake Villas. This plan is an extension of that approval, in essence takes it one step further in the development permitting process. And this is a subdivision plan to create two-family homes in the Marker Lake Villas. It's entirely consistent with the provisions of the Marker Lake PUD. However, this petition does include some substitutions to design standards, I believe which were also addressed in the Marker Lake PUD, and the most important of which was sidewalks would be put on one side of the road only-as opposed to two sides as is required by the land development code. Staff recommends approval. With your indulgence, if I might correct the staff report to indicate, under Requested Action that we're not dealing with Pelican Strand but indeed dealing with Marker Lake Villas, I'd appreciate it. Thank you. CHAIRMAN DAVIS: That change duly noted. The petitioner? MR. FOLEY: For the record, Blair Foley. We have no further additions. We agree with the staff report Mr. Nino's put together. Nothing unusual about this petition, consistent with the PUD. Thank you. CHAIRMAN DAVIS: AnY questions of staff or the petitioner? Anyone else here today to speak on this petition? Seeing none, I'll close the public hearing Motion? ' MR. OATES: Mr. Chairman, I move we -- what do we do? CHAIRMAN DAVIS: We approve. MR. OATES: We approve PSP-97-4. MR. YORK: I'll second it. CHAIRMAN DAVIS: Motion of approval by Mr. Oates -- MR. NINO: Who was that who seconded? Page 26 September 4, 1997 CHAIRMAN DAVIS: -- seconded by Mr. York. All those in favor signify by saying aye. Opposed? (No response.) That carries unanimously. CHAIRMAN DAVIS: PSP-97-7, once again all those present that think they may want to speak on this petition, please stand, raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino? I'm sure you caught this also. MR. NINO: Ron Nino. Yes. We're dealing with Cypress Woods, again, and not Pelican Strand. CHAIRMAN DAVIS: Also it calls for us to make a recommendation. MR. NINO: I was going to get to that. CHAIRMAN DAVIS: Oh, okay. I figured you would. MR. NINO: It's called overzealous plagiarism. CHAIRMAN DAVIS: Word processors are great, as long as you check what's in them. MR. NINO: PSP-97-7, again, is a petition that follows on the heels of an approval of the Cypress Woods planned unit development. This is, again, is the second phase you might say in the developing permitting process whereby actual locks would be created to facilitate development as envisioned by the PUD. In this case, the PSP applies to the northern-most portion of the Cypress Woods Golf and Country Club, and it is a development for single-family homes, entirely consistent with the provisions of the land development code, entirely consistent with the Cypress Woods Golf and Country Club, which was recently approved by the County Board of Commissioners following your recommendations. Again, we recommend approval, subject to the very limited stipulations included in the resolution. They are limited only because the PUD document itself includes substitutions to design standards. I would also have you recognize that you are the approval authority and that the staff's recommendation, as cited, is incorrect. We have it going to the Board of County Commissioners which is not the case. ' CHAIRMAN DAVIS: Thank you, Mr. Nino. Questions of staff? The petitioner, do you have anything to add? You have beautiful pictures on the wall. MR. COOPER: For the record, Frank Cooper representing Northbrooke Development. There is a correction that's not only in the staff report notated. Within the lake boundary itself, the lake itself is not part of the plat. The lake is part of the PUD and the development. The only plat itself is within the black lines, which is basically the lots and the road. CHAIRMAN DAVIS: Any questions of the petitioner? Page 27 16G Z' September 4, 1997 Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. MR. YORK: Mr. Chairman, I move we approve PSP-97-7. MR. PEDONE: Second. CHAIRMAN DAVIS: A motion by Mr. York of approval, seconded by Mr. Pedone. Any discussion? All in favor signify by saying aye. Opposed? (No response.) Motion carries unanimously. CH3~IRMAN DAVIS: Petition Number DOA-97-2. k~. OATES: That looks like Dead on Arrival. ~R. BUDD: Yes. I was going to say. CWAZRMAN DAVIS: If we're going to have really good jokes, we need to say them clearly so the court reporter can get them. I'll ask all those present today that are going to speak on this petitlon to please stand, raise your right hands so that you may be sworn by the court reporter. (The speakers were sworn.) MR. NINO: Ron Nino, for the record. Petition DOA-97-2 asks your recommendation to amend Twelve Lakes development of regional impact development order, for the purposes of extending the time that this -- the owners of this property have to develop -- to begin substantial development of Twelve Lakes. The current PUD document advised that the substantial development would have been begun, I believe it was April or May of this year. The petition was in long before that, so we consider this petition appropriate. And we would have that date extended, which was the five years, five-year date, which was already an extension of five years, I should add, extended an additional seven years, for a total of twelve years. The five-year extension is unequivocally -- is provided by, provided by statute. The additional -- the additional extension, while sim;'.larly provided, is not definitive in the sense that the project is no longer vested, which means -- simply means that, should the county -- you and the county board, decide to make some changes, changes can be made to the development scheme for the Twelve Lakes project. Twelve Lakes is located -- Twelve Lakes is located on the south side of Radio Road and north side of Davis. It runs -- it runs right through from Davis to Radio Road. It's on the bend of Davis Road. It's across the street, you might say, from Naples Heritage. The entryway to Twelve Lakes will align with the Naples Heritage Boulevard, and the subdivisions or developments that are adjacent to it include Sabal Lakes and, across the way, Green Heron. This is a clevelo~ing community of multi-family housing, this is a developing community of single-family housing. Across the way you have, of course, a mixed development, but it's separated by Davis Boulevard. Wildwood Lakes is a multi-family development. Largely to the back is Page 28 September 4, 1997 undeveloped at this point in time. And, of course, to the east we have undeveloped property. As I indicated, the singular purpose is to extend the development order to the year 2002, or initial -- to begin substantial construction activities. And, as I pointed out in the staff report, that, inasmuch as we don't consider this petition to be -- the development vested as a result of its current status, we bring to your attention the fact that this petition was approved for 1,400 and some dwelling units, 1,310 dwelling units which, in the opinion of staff, is, given the circumstances of the land, i.e., that of the 262 acres, only about a hundred acres, we know, based on environmental analysis, can be built, which means that, if you really think about where those 1,300 -- the density of the 1,310 dwelling units, we're really talking about a multi-family product, entirely a multi-family product, and one which would have to achieve densities of thirteen units per acre. We are -- based on that we suggest that it might be appropriate to recommend a restriction in the number of dwelling units. And, obviously, since the -- did you want to say something, Ms. Student? MS. STUDENT: Yes. I reviewed this. I haven't finally signed off on this, and I talked to Mr. Nino about this a little. I had a concern because we didn't advertise, as far as I know -- I've been on vacation -- anything about changing density. And we've only advertised a change in some dates and some transportation commitments. And I talked to Mr. Nino about this. I know there's some issues. And, you know, talking about bringing another one back at a later date to do this. But there's some case law out there that, you know, tells us -- I mean, it can get a little ridiculous too, but that we're constrained by, ~ou know, what we originally advertised and by what we're about here. And I have a little bit of a concern in trying to amend this document in the middle of the process, because all I have seen are transportation commitment changes and changes in some dates, and I don't know if the petitioner is aware of this other aspect. But it hasn't been advertised at all to discuss density, and that's a concern I have. I don't have a problem with bringing another one back or, you know, amending this further to have it advertised for that, too, but I have a concern about that at this juncture. MR. OATES: There's no one representing the petitioner here at all. MR. NINO: Yes, there is. Mr. Trescott is here representing the petitioner. But let me speak to that issue. I mean, how do we get to that with if we don't determine at this point in time that we want further modifications to this development order, and, if indeed that is the accepted route, that the petition be re-advertised but before we can do that, we need to talk about it. MS. STUDENT: You could -- if I may -- you could give staff -- yo~ can consider this petition and then give them direction to bring another amendment back that accomplishes that, and that would be advertised. So -- MR. NINO: As I -- Page 29 !6G 2' September 4, 1997 M/~. TRESCOTT: Well, I just want -- my name is Dan Trescott. I work for the Southwest Florida Regional Planning Council. I have provided a little memorandum to Ron and Marjorie regarding our role in this process, and I don't technically represent the applicant. We did the traffic analysis for them to -- as part of the DRI review fee that they paid for, we gave them an option of either allowing us to do the traffic analysis, which we have in-house capability to run the Collier County transportation model -- or allow somebody else to do it, and they chose to let us do it. So it's really -- you may see us do this more. It's really a process designed to try to streamline, possibly reduce costs and also, you know, streamlining, meaning reducing sufficiency on the DRI process. So what they asked us to do was to take the development levels that were originally approved in the DRI and go out as far as possible in terms of an extension for the DRI before they had to do any more transportation improvements. They wanted to keep the conditions within the ,)riginal Twelve Lakes development order the same regarding the transportation issue. So, we did that and 2010 came out that the date that we could go out farthest to without triggering more transportation improvements required in the application. So now, with regards to the density changes, the only thing that I can say regarding that is that Bill Vines had talked with me and was a little uncomfortable about it, and he wasn't -- didn't quite understand, maybe, why it was being reduced. But, you know, it's your call as to what you want to do with that. Ron is correct, that it is no longer vested from the comp. plan because of this change, and that's the normal process when you're, when you're considered a substantial deviation to the original application, you essentially los6 your vesting from the original comp. plan, so -- I can't really -- I don't want to advocate, you know, any one way or the other on this, but it seems fair that what Marjorie is suggesting might be a good route because -- we did do the traffic analysis for the development levels that were originally approved, the 1,300 and the 160, but the reality is that the developer has indicated that they're not sure -- they don't have a buyer yet to actually go out and develop the project, so, I mean, it could come in less or they may not want more. And if they want more, they can always come back and do that. That's really all I have to say. MS. STUDENT: I have a question of Mr. Trescott, if I may. Did you say that this amendment, without the density change, is considered a substantial deviation? MR. TRESCOTT: Yes. It's presumed to be one because of the -- MS. STUDENT: Presumed? MR. TRESCOTT: -- because of the extension in time frame being beyond seven years from the original development order. MS. STUDENT: Okay. Mr. Nino, correct me if I'm wrong. And again I'm talking from memory. I believe the resolution says that -- finds that it is an insubstantial deviation. MR. TRESCOTT: Well, it is because they -- when you're talking about in the Statute 380, it talks about -- Page 30 September 4, 1997 MS. STUDENT: Right. There's a presumption. MR. TRESCOTT: -- presumed to be a substantial. You can rebut the presumption of that and they have done that through this traffic analysis. MS. STUDENT: Okay. That's all I wanted to clear up for the record. MR. NIN0: Even though it may be deemed an insubstantial amendment, that doesn't preclude us from changing the development strategy. Let me add, let me add that Mr. Vines was unavailable for this meeting. He's in North Carolina. However, he did ask Mr. Trescott to represent him at this meeting. CHAIRMAN DAVIS: That's a concern that I've got, you know. Here we are, and the developer -- MR. NINO: He knows all about the substance of our proposal. MS. STUDENT: Well, it's not been advertised, so I'm going to tell you, you've got a legal problem because you didn't advertise it to take down density. And my -- and I stand by that. So I think what you can do is have a recommendation and go back, have it go back to staff for another amendment. It would be different. If this was like a PUD to PUD, you know, then the whole document is open, but it's not, and it specifically states in the ad what's being amended and it doesn't say a word about density, so you have a legal problem. MR. NINO: Well, I am not -- I don't mean to be arqumentative with the county attorney. MS. STUDENT: Ron, it's a legal issue. MR. NINO: Hear me out. However, I would remind you that there are going to be all kinds, and always will be, petitions coming before you ~hich are advertised in a certain way, but when staff gets to make a formal recommendation to you, there may be changes and those changes are directed to be made in the development order, and in most cases it's a PUD. ' MS. STUDENT: And that's not a problem because of the way they're advertised. But this is specifically advertised as to what's being changed, and that's why there is a problem. CHAIRMAN DAVIS: So, in other words, the way it was advertised -- what if this group up here raised the question of density, we can't? MS. STUDENT: Well -- CHAIRMAN I/AVIS: Because density is -- MS. STUDENT: No. There's case law that says -- and it came out of Leon County -- that says, when new stuff comes up, it's got to go back through the process. Now, some of it can be taken to a ridiculous extreme where you could say, each time it comes up, "Oh, well, we need to look at this,' and then we'd have to advertise it again. But in this context, because it was specific and it doesn't usually happen this way -- it happens with our PUD to PUPs, and that's general so it gives us, you know, some latitude. I have a concern because of the way this was advertised, particularly because it's generated by staff. And, you know, if staff had a problem with something else, then they have Page 31 September 4, 1997 should have had the document drafted that way. If it comes out of the board, it might be a little different, but this is coming from staff. MR. NINO: Wait, wait, wait. A petitioner has the right to bring to this board whatever it is they want, unadulterated by staff. Would you agree with that? MS. STUDENT: That's right. But I'm just saying, and I'm not going to belabor the point, I'm telling you there's a legal problem with it. MR. YORK: I think we have to listen to the county attorney. MR. NINO: The proposition that I initially laid before you is that you would, you would, in your judgement, direct that the development order be further modified and that appropriate advertising be done. MS. STUDENT: That's fine. For another one? That's fine. MR. NI. NO: I'm not arguing that point at all. CHAI~fl~N DAVIS: Would that be a continuation of what's before us today? MR. NINO: No, because I think you have to hear the arguments that I'm -- that staff is making to change the density and intensity and then you can, then you can deal with that. MR. BRUET: I will say, from my point of view, Ron, though, taking 300 units away from a developer and not even having him here to concur or address, I've got a little problem with that. I mean, I would -- granted, I would like to see him here. Maybe he doesn't care, and I don't doubt what you're saying, that he's agreed, but I would like to see him here. I mean, if you weren't doing that to him, I wouldn't have a problem with it, but reducing it by 300 is a sigDificant reduction, from my point of view. MS. STUDENT: Well, I think if you direct -- MR. BRUET: All the other issues aside. MS. STUDENT: Well, I think if you direct staff to bring back another -- you can act on this one and you can do just a subsequent, another amendment ~o the development order. MR. BRUET: Act on this one as presented? MR. YORK: Yes, as advertised. MS. STUDENT: The document I saw has no reduction in density in it. I don't know if the document you have in your package has a new title, and has that in there. MR. NINO: It would have to be amended. It would have to be revised. MR. BRUET: Yes. MS. STUDENT: So you would have to do another amendment, and then Mr. Vines is here. I'm not sure if the DCA has looked at this on the density. It seems like there would be another notice of proposed change that would have to go through. MR. TRESCOTT: No, because on the traffic analysis, we analyzed the 1,300, so, I mean, any reduction beyond is really not going to do anything. MS. STUDENT: It's not going to change anything. MR. TRESCOTT: If anything, it would, might extend to build -- Page 32 September 4, 1997 allow him to build out another couple years or something, which he has not indicated he's interested in doing. He thinks the build-our's fine, you know. If they knew exactly what they wanted to do, you know, this might not be a problem, but, you know. I'm not going to try to get into that. I would like to make one point regarding both the applicant's application and the staff's assessment regarding the phasing schedule. We need to refine that for that so that Phase 1 is 1997 to 2,002; Phase 2 is 2003 to 2004; Phase 3 would be 2005 to 2006; Phase 4 would be 2007 to 2008, and Phase 5 would be 2009 to 2010. For the record, that needs to be changed when the amendment comes out regarding the phasing schedule. MR. NINO: I was going to talk about that. Dan and I discussed that, but -- MR. TRESCOTT: But, you know -- MR. NINO: It's really not a phasing schedule the way it's structure~.. That's the way it was submitted to us. MR. TRESCOTT: I mean, regarding this whole issue, I mean, he's kind of uncomfortable about it. I'm not sure that he -- he would be totally upset if this was changed, because the reality is is they probably do have too much commercial for the acreage that they have committed. I mean, you're lucky to get 1Q,000 square feet per acre of commercial, and they've got well over that proposed, so, and, you know, so -- in my experience in dealing with DRIs, they never build out to what they're approved for. MR. BRUET: I agree with you. But, the petitioner isn't here to address these issues and I'm not comfortable with that. You're absolutely right. MR. NINO: But he's fully aware of it, fully aware of the staff report and has been aware of it for some weeks. CHAIRMAN DAVIS: I think through the motions this board may make, we can deal with the situation. Is there any more presentation from either party? MR. NINO: There are things that staff were concerned about. One, we think, we're of the opinion the density, given the environmental constraints of the property, is going to produce a density that's too high, in fact out of character, perhaps, with the neighborhood. Sabal Palms right next door is a single family product of 3.62 units per acre. Two, we traditionally, in dealing with commercial development, have used the rule of thumb of 10,000 square feet per acre. To that extent, this development order has more commercial development than that rule of thumb produces, and if we were to apply that rule of thumb, it would result in reducing the gross floor area for commercial from 106,000 to 112,000. There are two things we recommend according to this. One, that we go back and readvertise it, with the consent of the developer. If the developer says, "Hey, that's the way I want to go forward to the board and I want the board to make that decision," there's nothing we can do about it. One, we're asking that tke density be Page 33 September 4, 1997 reduced. The number of dwellings needs to be reduced from 1,310 to 1,000, and that the floor area for commercial be reduced from 160 to 112,500. Let me go one step further. As we've all pointed out -- this is in reading out of -- this is not vested, this development, and the commercial in this PUD is inconsistent with the future land use element in its entirety. MR. YORK: Is or is not? MR. NINO: It is. MR. YORK: It is inconsistent? MR. NINO: If we were dealing with it today as a brand new development, there would be no opportunity for any commercial, so we're not being all that harsh with this petitioner. HR. BRUET: I hear you. MR. NINO: And that's where we're coming from. We don't have a problem with extending the time frame another seven years, in view of the revisions to the development strategy. MR. YOi~K: I have a real problem with this whole thing. Why would we -- if this is inconsistent with current -- with the current criteria, why would we want to extend the time frame and not make it confirm with current criteria? MR. BRUET: You said that there was no vesting; is that correct? MR. NIN0: There's no vesting. MS. STUDENT: Again, I haven't had a chance to look at this aspect, but I have a problem. If we're going to be opening up this whole thing, approving any commercial, then, because you've got a new development order that you' re approving, that' s inconsistent with the comp. plan. - MR. YORK: Precisely. MS. STUDENT: And I think it needs further analysis and have the petitioner -- and a full plan hearing rather than just do it -- and I haven't even had a chance to look at that issue. And there's some new case law on this stuff too. MR. OATES: Can we deny this petition and go ahead and get them to re-submit a petition, if we get rid of the commercial and bring -- the -- MR. YORK: I would rather just continue this. MR. BRUET: Yes. MR. OATES: I don't think we can. MS. STUDENT: Well, it's got to be -- there's a Dart of it that's going to have to be advertised that hasn't been, so you can't continue that -- I mean, I guess you could continue it and then we could do a re-advertisement, because we've had problems before with stuff that hasn't been advertised properly, and you could continue the petition to allow for the additional amends_htS. But it would have to, no matter how long it's continued, even if it's in the five-week period, we're still going to have to re-advertise to have these new things that we're looking at put in, you know -- be advertised. CHAIRMAN DAVIS: Or we could make a recommendation of denial, because, to be real honest with you, when I read through it, I put a Page 34 September 4, 19917 big question mark next to density. That was my reaction to the request. MR. YORK: I have a big problem in, in -- in extending the time on something that currently doesn't conform. MS. STUDENT: No. I could understand that. And that would be fine too, with direction to bring it back with looking at' all these issues. MR. YORK: If the petitioner wants an amendment, then I think it would behoove the petitioner to amend this thing to conform to current criteria. MI{. NINO: The petitioner doesn't want an amendment. The petitioner wants a seven-year extension to the effective date for beginning construction. MR. YORK: To me, that's an amendment. MR. NINO: And we have to -- there is a PUD -- there is a PUD on this property, and -- MR. O. ATES: But it doesn't conform. MR. N~NO: That technically doesn't conform, but it's, it's a zoning decision and there may be some problems with being too extreme in terms of the way it affects the zoning of the land and the possible repercussions that may result from that. MS. STUDENT: It seems, furthermore -- I'm thinking now that the better thing to do -- it seems like we might have a PUD issue now as well, if we're -- because there's a PUD on this, and the PUD certainly must establish some kind of density and land use. So if we're going to revisit that area for the development order, then the PUD has also got to be revisited, and that's not even before you. And I really think, rather than taking any action on this, since it seems to be having a domino effect, that the better thing to do is to continue it with direction to staff to bring it back with all these other issues, including PUD amendments -- because if you vote on it now, it's still going to the board, and that's all only going to compound the problem. So I think that might be the better thing to do. And then, again, with direction to look at the PUD and see if that needs amending as well as these other issues, and come back with an amended -- a further amended development order that will be advertised with all the changes in it. MR. OATES: Mr. Chairman, I move we continue this application and we instruct the staff to do whatever is necessary to bring it into conformance with the land development code as it is now and re-advertise as necessary. MR. YORK: I'll second it. CHAIRMAN DAVIS: This was a public hearing, and I think I should call. Is there anyone else that wanted to speak on this petition today? Seeing none, I'll close the public hearing. W~ have a motion by Mr. Oates, seconded by Mr. York, correct? MR. YORK: Correct. CHAI~%R DAVIS: And that motion is for DOA-97-2, Twelve Lakes. And basically what we're doing, Mr. Oates, is instructing Mr. Page 35 September 4, 1997 Nino to take a look at this and bring back to us the pertinent issues that this raises? MR. OATES: Correct. MR. YORK: And re-advertise. CHAIRMAN DAVIS: And re-advertise as is appropriate. Any discussion on the motion? All those in favor, signify by saying aye. Opposed? Carries unanimously. MR. PEDONE: Mr. Chairman? CHAIRMAN DAVIS: Yes? MR. PEDONE: I did not receive a finding of fact for the next case in my packet. If Mr. Nino should have an extra one, I would appreciate it. CHAIRMAN DAVIS: Okay. Hr. Pedone is going to need a finding of fact for this last petition, the conditional use. He didn't receive one. MR. GATES: Maybe we could take -- somebody could go in and Xerox it. MR. PEDONE: With an empty one you could make it. CHAIRMAN DAVIS: You okay? Petition CU-97-16, Hr. Nino. All those people that are -- may testify on this issue, please stand, raise your right hand so that the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino, a commercial earth mining operation that has not filled the room. I'm sorry. I couldn't resist that. MR. NINO: Ron Nino, for the record. The petition before you provides -- asks your recommendation to a conditional use for commercial mining activity in an area where there is now commercial mining activity. The petitioner has acquired additional land adjacent to their existing conditional use mining operation. We're dealing with 951, one mile south of the extension of Davis Boulevard, or SR 84, old Alligator Alley. The corner 160 acres is undeveloped. It is a Naples Golf Estates PUD. It's for an RV type of development. The property that we're dealing with are two parcels of land that are contiguous to -- and I think your map in your package shows it better than this with the existing -- an existing quarry operation and existing ownership contains all of this land and narrows down to frontage which is the access road on 951. We have the swam~ buggy campground to the south, we have some large metes and bounds acreage lots to the east of this property. I believe the only -- the closest house is up here on LeBuff or LeBuff's, some 300 feet away. There are very few houses in this area, none in this area. So the added area is relatively isolated from any development. Mr. Tyson will put up maps that look prettier than that and are more descriptive. We're dealing with 200, a 120 acre tract and an 80 acre tract be added to a 330 acre tract. I described the existing and Page 3 6 September 4, 1997 surrounding land use conditions. Obviously, as I told you on many occasions, the agricultural area desiqnation in the FLUE does provide for conditional uses for activities, one of which includes earth mining. So we have a petition that, if approved, would be consistent with the future land use element growth management plan. In terms of the transportation element, analysis by jurisdictional staff reveals that this petition will be consistent with the transportation element, in other words, it doesn't impact the level of service on CR 951, does not denigrate that level of service below the standards that are set for 951. So in that regard, it's consistent with the traffic circulation element. The EAB heard this petition on July the 2nd of 1997 and they recommended approval subject to the inclusion of certain conditions which are included in the resolution -- drafted resolution of adoption which you have in your agenda package. And that is, and that is a testimony to consistency with the conservation element. There are no historic or archeological issues involved here. And, as you know, when we deal with conditional uses, the staff 'needs to make certain findings. In the opinion of staff, the findings -- the findings are supportive of an act -- of your recommendation to extend the conditional use to the abutting properties. We have received no letters of opposition or phone calls indicating opposition to the approval of this petition. We recommend your approval to the draft resolution, which includes a host of stipulations that, in our opinion, will assure that this project, when it is -- when it is instituted will remain consistent with provisions, with the land development code throughout the ~xcavation activities. CHAIRMAN DAVIS: Mr. York? MR. YORK: Mr. Nino, I have a question, and it doesn't really have a lot to do with the petition, but according to the staff report, the owner of record is Willow Run Trust, and am I to assume that Joseph Bonness, Jr., is proposinq to buy this subject to the conditional use approval? MR. NINO: Did you want to answer that question, gentlemen? MR. VARNADOE: For the record, Mr. York, George Varnadoe. That's correct. MR. YORK: Thank you. CHAIRMAN DAVIS: Any other questions of staff? Petitioner? MR. TYSON: For the record, I'm Bruce Tyson, the project manager, with Wilson, Miller, Barton & Peek. Mr. Nino made the presentation. If there's any specific questions, we have had no opposition in the past and at the hearings. If there's anything specifically that i can answer, I'd be happy to do that. CHAIRMAN DAVIS: Any questions of the petitioner's representative? Thank you, Mr. Tyson. Anyone else to speak on this petition today? Page 37 September 4, 1997 Seeing none, I'll close the public hearing. M~. YORK: Mr. Chairman, I would move we forward CU-97-16 to the Board of County Commissioners with a recommendation for approval. MR. BRUET: Second. CHAIRMAN DAVIS: Motion by Mr. York for recommendation of approval, seconded by Mr. Bruet. All those in favor signify by saying aye. Opposed? (No response.) Carries unanimously. CHAIRMAN DAVIS: That is the end of our petitions today. Mr. Varnadoe, was that all you were here to say today, was 'yes'? There were so many opportunities. There were so many opportunities. MR. VARNADOE: I wanted to get up on Twelve Lakes and set you guys straight. CHAIRM~N DAVIS: I was disappointed. I'm disappointed. MR. V~ADOE: But I withheld my -- hoping the petitioner will, you know, seek good legal counsel, and I can set him right the next time. MR. BRUET: He needs it. CHAIRMAN DAVIS: With that, this meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:25 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL A. DAVIS, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES BY: ELIZABETH M. BROOKS, R.P.R. Page 38 County Government Productivity Committee Meeting Minutes August 28, 1997, 9:30 A.1VL Members Present Absent Jack McKenna x Barbara Berry x David Craig x Edward Ferguson Charles Getler x Robert Laird x Bill Neal Edward Ott Karl Otto x Jotm Schoemer John Stockton x Bernard \Veiss x Staff Jennifer Edwards x Sheila Leith x X Procurement Proceas Review -Bemie Weiss provided an overview of the Procurement Process Report for Commissioner Berry -major findings include: · recommend '.'cooling oW' period for former employees · need a past performance data base · listofbest value · a dedicated staff · highly decentralized process · recommending minor re. centralization · no reduction in staffing · more training needed · report is a start, not an end l isc. Cortes: Date:/[//¢7 Copies To: -the Sub-committee is willing to do thc training, help set up past performance data base -Sub-committee wants to be considered an asset to the staff -more emphasis on professionalism Jail Study -the members in attendance at the Vgroup presentation on the Jail Study gave a briefoverview of the meeting -copy of the final report that will be presented to the Board next week Hancock ~ -'C~ -- Contt&nttne_ Mac'KiI Human Resources -Jennifer Edwards joined the meeting in progress to give a brief outline of the progress of the PDS project -Clerk will be using the PDS payroll module -1~z pilot testing will be week of September 8'h in Community Development -Jennifer requested that the Productivity Committee perform an audit of HR business practices once PDS is in place -the audit would not be only software oriented -make sure that the right information is going to the right people, input and output -is [-IR meeting the needs of the customer? -another project that they have underway is a new HR evaluation tool -a committee is coming forward with a recommendation and Jennifer would like to have the committee review their recommendation New Business -the Committee is concerned about follow up and implementation of the recommendations in the previous Sub-Committee reports -when t[,~ Committee next meets with the Board they need to go in with a clear visions of what they expect and should clearly chart their concerns -the outline should include: I. What the Committee has done. 2. Where the members come from. 3. Where does the Committee want to go. -it ,,vas suggested that Bob Fernandez be included in future direction discussions Future Projects -a suggestion from Bernie Weiss for a future project is the development of a citizens advisory committee on ethics -the conunittee would need to include 6-8 members, 2 clergy 2 legal people etc. -develop training programs on ethics -bring issues to this ethics committee for the "smell test" -the ethics committee would act in an advisory role, training role -there are National Ethics Institute case studies that could be used - Meeting adjourned 11:30 a.m. The next meeting will be on Wednesday September 17'h, at 9:30 a.m. in the County Administrator's Conference Room. cc. Board of County Commissioners Office FLORIDA GULF COAST UNIVE~I~ COLLEGE OF HEALTH PROFESSIONS Department of Nursing 19501 Treeline Avenue South Fort Myers, FL 33965-6565 DATE: TO: FROM; RE: September 17, 1997 Public Health Advisory Board Dr. Denise Heinemann ~ Next Meeting Fall is upon us and "season" is right arOund the corner. I hope you had a good summer. I hope you had a good summer. The Advisory Board will meet on Monday, October 13 and host a discussion of the private-public partnership between the Health Department and Collier Health Services. This is an important topic and deserves the attention of the full committee. I urge all members to attend this important meeting. All of our meetings are open to the public and I look forward to public participation. See you on the 13th! DK/mk cc: Dr. Charles Konigsberg, Jr. Tom Olliff Misc. Corres: o :e: /'/ Copies 10: 16G 2 MEMORANDUM TO: FROM: DATE: Sue Filson, Administrative Assistant, Board of County Commissioners / //3// Bleu Wallace, Utility Regulation Manager and Executive Director,~-~/ Collier County Water and Wastewater Authority ~ Transmittal of Minutes - Collier County Water and Wastewater Authority October 1, 1997 Transmitted herewith are the minutes of the August 25, 1997 meeting of the Collier County Water and Wastewater Authority. These minutes were approved at the Authority's regular meeting on September 22, 1997. 1997. Direct any questions to me at ext. 7146. Misc. Correl: COLLIER COUNTY WATER AN D WASTEWATER AUTHORITY Minutes of Regular Meeting Board Meeting Room 3rd Floor, Administration Building 2:00 PM, August 25, 1997 C01~ies An audio record of the following proceedings is on file with the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, Phone (941) 774-8577. Assistant County Attorney Thomas C. Palmer was present to provide 'legal advice to the Authority and Utility Regulation Manager and Executive Director of the Authority, D.E. "Bleu" Wallace was present to represent the Office of Utility Regulatio~ staff. Call to Order (Determination of Quorum). Chairman Dr. Neno Spagna called the meeting to order at 2:00 PM, declaring that four members were present, constituting a quorum. Also present were Vice Chairman Richard F. Bergmann, Mr. George J. Schroll, and Mr. Robert C. Bennett, Jr. II. Approval of Minutes - July 28, 1997. The minutes for July 28, 1997 were approved (4-0) after motion by Mr. Schroll and a second by Mr. Bennett. III. Open to the Public. Chairman Spagna welcomed guests in attendance and asked if anyone wished to address the Authority. Receiving no response, the Chairman moved to the next agenda item. IV. Items Requiring Action by the Authority A. Orange Tree Utilities H6ncock Constantine_ l~ac 'Kte 6err.~ 1. 1997 Price Index Application. Mr. Wallace advised the Authority that Orange Tree Utilities filed its 1997 Price Index Application on August 6, 1997. Staff discovered several errors within Orange Tree's application and after coordinating back and forth with Orange Tree, staff was able to resolve the differences. On August 8, 1997 staff received the Utilities revised application. The price index gives the Utility a 1.96% increase in wastewater rates and a 2.13% increase in water rates, which goes into effect immediately. A worksheet was provided to Authority members. Mr. Wallace stated that staff recommends approval of Final Order No. 97-15 granting Orange Tree Utilities a 1997 Price Index. After Mr. Wallace responded to-a ~/~/.. question from Mr. Schroll, Mr. Bennett moved to approve Final Order /Nu. 97-1. 5; second by Mr. Schroll. Motion passed unanimously (4-0). At this time, Chairman Spagna welcomed Mr. Robert Fernandez, County Administrator, to thc Authority meeting. RAF Pass-through Rate Reduction. Mr. Wallace advised the Authority that this item is a follow-up to the Authorities previous attempt to reduce to rates for Orange Tree Utilities based on the reduction in the regulatory assessment fee. Because Orange Tree filed their price index, staff had to stack the reduction on top of their price index. A worksheet was provided to Authority members. Mr. Wallace advised that staff recommends approval of Final Order 97-16 which reduces Orange Tree's water and wastewater rates to reflect the reduction in the regulatory assessment fee. Mr. Schroll moved tO approve Final Order 97-16; second by Mr. Bergmann. Motion passed unanimously (4-0). Florida Water Services Corporation (Marco Island and Marco Shores) - Combined Rate Adjustments. Chairman Spagna requested Mr. Wallace to address this item. Mr. Wallace advised that a few days after the Authority's last meeting of July 28, 1997, Florida Water Services Corporation, submitted a combined filing for its Marco Island and Marco Shores divisions. Florida Water Services included the regulatory assessment fee reduction and also three reductions in rates for Marco Island and Marco Shores related to the previous FPSC recovery of rate case expense. Also included in this filing was Florida Water's application for 1997 Price Index. Staff has reviewed all of the numbers and tracked all of the price index numbers back to the 1996 annual report. Mr. Wallace advised that staff recommends approval of Final Order 97-17. Final Order 97-17 also rescinds the previous orders related to the regulatory assessment fee reduction. Florida Water Services legal council, Mr. Matt Fell, was present to answer any questions from the Authority. Mr. Bennett moved to approve Final Order 97-17; second by Mr. Bergmann. Motion passed unanimously (4-0). C. Norlh Marco Utility Company, Inc. 1996 Pass-through Rate Reduction and 1997 Price Index. Mr. Wallace advised that at the July 28~ Authority meeting, staff requested that the North Marco Utility item be pulled from the agenda due to staff receiving the Utility's 1997 Price Index Application. While going through the calculations for the regulatory assessment fee reduction, staff noted a discrepancy. The numbers did not track back to the previously approved rate. Staff has gone back and cleaned the calculations up. Mr. Wallace provided the Authority with a sequence 003 of events prior to the County resuming regulatory authority. Mr. Wallace advised that North Marco Utility was deprived of filing for rate relief from a Florida Water increase with a regulatory entity for seven months. North Marco was charging their customers less than they were being charged by Florida Water. At the Authority's first meeting in July 1996, the proper rate relief was granted to the Utility. In August 1996, Florida Water filed documentation that was sufficient to serve for their application for a Grandfather Certificate. At that time, the rates that were in effect were interim rates placed by the FPSC in January 1996. Subsequently, a final rate went into effect in September 1996 which County staff was unaware of. After staff was made aware of this, they were able to obtain the prope~: tariffs and staff was able to ascertain that North Marco had not had their rates decreased at the same rate as Florida Water had. Mr. Wallace stated that as long as the Utility did not over earn, based on its authorized rate of return, staff recommends no action be taken on this issue. However, staff does recommend that the Authority direct staff to review North Marco Utility's 1997 annual report to determine whether or not this collection has caused them to over earn in 1997. Staff will submit a report to the Authority when completed. Staff has taken the decrease and stacked on top of that the 1997 price index that staff is recommending the Authority approve which will go into effect today. Mr. Wallace stated that staff recommends approval of Final Order 97-18 adjusting the North Marco Utility Company wastewater rates from the staff initiated pass-through decrease and applying the 1997 price index to the allowable 1996 operating expenses. Mr. Schroll stated that it was his understanding that very few of the North Marco Utility 1,400 customers ever incur a gallonage charge. Mr. Craig Woodward, representing North Marco Utility, addressed the Authority at this time. Mr. Woodward advised that almost all the customers incur a gallonage charge, it's the minimum charge of $11.84 that very few customer incurs. Mr. Woodward stated that unlike most other utilities, North Marco does not charge their customers for both the gallonage charge and the minimum charge. Mr. Woodward advised that he agreed with staff's calculations, however, the utility is reducing its rates by $1.39 per gallon. Had the utility done this for the first seven months based on the number of gallons treated, the reduction would have been approximately $29,000. In those seven months, the utility shows approximately a $23,000 gain. This would have caused the utility a $6,000 loss. Mr. Woodward advised that North Marco Utility has never applied for a formal rate increase and will be applying for one in the near future. Mr. Woodward answered several more questions from the Authority 004 regarding the Utility's gallonage and minimum charges. Mr. Woodward answered questions from Mr. Bergmann regarding maintenance. Mr. Wallace commented to the Authority that staff agrees that this Utility needs to file for a full rate review, unfortunately their revenues exceed the limit qualifying them for a staff assisted rate review. Only at this time can the rate design be changed. Mr. Bergmann asked Mr. Woodward how close this utility was to their potential build-out. Mr. Woodward responded that it was practically at build-out at this time. Wi[h no further questions, Mr. Schroll moved to approval Final Order No. 97-18; second by Mr. Bergmann. Motion passed unanimously (4-0). o RAF Pass-through Rate Reduction and Florida Water Rate Reduction Pass-through. Mr. Wallace advised the Authority that this item was a follow-up to reduce the rates of North Marco Utility to reflect the pass- through reduction of the regulatory assessment fee and to reduce the rate to reflect Florida Water's reduction in its regulatory assessment fee. Mr. Wallace advised the Authority that North Marco Utility only pays regulatory assessment fees on the difference in what they purchase in sewage treatment and what they sell. Staff recommends adoption on Final Order No. 97-19 authorizing these decreases. Mr. Bennett questioned the Utility's revenue of last year of $160,000. Mr. Woodward verified this figure. Mr. Bennett then asked Mr. Woodward how many individuals the utility employed. Mr. Woodward responded only one part-time employee who does billing and oversees the operations. At this time Mr. Schroll moved to approval final Order No. 97-19; second by Dr. Spagna. Motion passed unanimously (4-0). Executive Director's Report. Mr. Wallace addressed the Authority regarding several handouts provided the members: A water and wastewater rate comparison schedule providing customer counts and residential comparison of water and wastewater rates for utilities providing service in Collier County. Another item provided members was a rate of return summary. The final handout of a colored map of Marco Island highlighting the areas provided sewer service by Florida Water Services. At this time, Assistant County Administrator, Michael McNees, answered several questions from the Authority regarding Collier County Utility Districts on Marco Island. 005 16G 2 VI. VII, Mr. Wallace briefed the Authority on the upcoming meeting in October in Clearwater in an effort to form a network of regulatory entities in Florida that regulate local utilities. Several members requested more information regarding the Utility Rate School in October. Mr. Wallace stated that he would provide the seminar brochures to all members. Authority Members Discussion. Mr. Bergmann asked what had become of the Rookery Bay situation. Mr. Palmer briefed the Authority on this item. Mr. Bergmann asked if there was an impact fee being passed through from the County collected wastewater or the North Marco collected wastewater that would contribute to the eventual capacity expansion of the Florida Water Services treatment plant. Mr. McNees advised that the County does pay a connection fee. Mn Bergmann commented on the long range planning of water and wastewater in the County. Mr. Schroll asked staff a question regarding Florida Water Services operating and maintenance expenses in their price index application. Do these operating and maintenance expenses include all areas of supervision? Mr. Wallace advised they do include all corporate allocations and all expenses necessary to operate the system. Mr. Palmer also responded to the Authority on this issue. Mr. Wallace requested that if any member of the Authority has questions from staff, please give some advanced notice in order to allow staff to make the appropriate contacts, etc. At this time, Mr. Craig Woodward, North Marco Utility Company, requested of the Authority a staff assisted rate review. Mr. Woodward advises that the utilities gross revenue includes a lot of what is a pass-through to Florida Water Services. Mr. Woodward requested the net revenue be taken into account enabling the utility to qualify for staff assistance. Chairman Spagna advised Mr. Woodward to work with Mr. Wallace and staff on this issue. Adjournment. Mr. Schroll moved to adjourn; second by Mr. Bennett. Motion passed unanimously (4-0). Meeting adjourned at 3:00 PM. 006 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COU~ER cOU,,rr',' COURmOUSE 3301 ~JVlIAMI TI%AIL P.O. BOX 413044 NAPtE$. FLORIDA 33941-3044 October 29, 1997 OCT 3 1 Board of County Co~issioners CIRCUIT COURT COUNTY COURT ~ COUNTY RECORDER CLERK BOARD Or COUNTY COMMISSIONERS The Honorable Timothy L. Hancock, Chairman, Board of County Commissioners Collier County Florida 3301 Tamiami Trail East Naples, Florida 34112 Dear ~. Hancock: Pursuant to Section 218.36, Florida Statutes, enclosed you will find a statement of revenue and expenditures of the Clerk of che Circuit Court for the year ended September 30, 1997. The check is for $1,664,937.23. and has been remitted for deposit to the Board's General Fund. These dollars are now available for the general operations of the county. The remittance of these unused revenues is made possible only as a result of the diligent efforts of a very professional and dedicated staff in fulfillment of their responsibilities for the Clerk's 926 different functions. Each of the individuals working on the Clerk's staff has endeavored to minimize the impact of this office on the taxpayers of Collier County while providing them with the highest quality service possible. I wish to thank all of these people who have worked so hard in making the Clerk's office efficient and effective. Respectfully, Clerk of the Circuit Court Enclosure Copy w/Encl, to: The Honorable John C. Norris The Honorable Timothy J. Constantine The Honorable Pamela S. Mac'Kie ~The Honorable Barbara C. Berry Misc. torres: ,-/. Copies To: REVENUES AND EXPENDITURES/EXPENSES 16G REPORTING ENTITY:. CLERK OF COURTS REPORTING FUND GROUP:_ GENERAL FUND ID NUMBER:_11-001 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) 34t100 34t700 .369000 381000 TRANSFER IN Descriotion RECORDING FEES COUNTY COURT FEES CIRCUIT COURT FEES OTHER MISCELLANEOUS REVENUES INTEREST REVENUES INTERAL SERVICE FEES & CHARGES Whole Dollars Only ,Amount .1,725.330'_ 495,069 892,i23 66R~q64 267~063 _ -4,345,100 145,831 2 TOTAL REVENUES AND OTHER CREDITS .Duplicate this page if additional lines are needed. (continued) 8,539,480 _ FORM DBF-AA-403 (Rcv. 6/7/94) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 16G CLERK OF COURTS REPORTING ENTITY:_ REPORTING FUND GROUP:. GENERAL FUND, R£¥ENUES AND OTHER CREDITS (311.000 THROUGH 390.000) 513 10 30 60 516 10 30 60 519 10 30 De~ri0tion FINANCIA~ & ADMINISTRATIVE -PERSONAL SERVICES OPERATING EXPENSES CAPTIAL OUTLAY 3UDICIAL PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY OTHER PERSONAL SERVICES OPERATING EXPENSES ~APTIAL OUTLAY 6O ,ID NUMBER: 11-001 Whole Dollars Only bmount 2,006,298 473,401 58.213 '77,927 1 , 391 , 665 302.492 _ 107.481 2 .TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed, (continued) 6,874r543 FORM DBF--AA.-~O3 {Rcv. 6/7/94) COLLIER COUNTY TAX COLLECTOR corem, rec'd copy October 14, 1997 Honorable John C. Norris Board of County Commissioners Administration Bldg. 3rd Floor Naples, Florida 34112 Dear John: Enclosed is (1) your Collier County Tax Roll Annual Report for the 1996-97 fiscal year and (2) Schedule of Revenue reflecting the allocation of the unused fees for that year. This data is being mailed to all taxing districts that are recipients of these funds and to interested taxpayers. The unused fees referred to above were distributed to the Board of County Commissioners and the Independent Taxing Districts on October 14, 1997. In your review of this data, should you desire any additional information or have any questions pertaining to it, please contact me at 774-5772. Very truly yours, ~l.Ll~rr'~orultn~Q', ~ToXr.Cl~lalectOr GLC/pld Enclosures Misc. Cortes; Date: ~ Itern# /~'. G". '~. ~' Copies To: C(XJflTH(X;~ 0'1 ,' NAPLES, FLOPJDA 34112-4997 COLLIER COUNTY TAX COLLECTOR SCHEDULE OF REVENUE FOR YEAR ENDING SEPTEMBER 30, 1997 REVENUE PERCENT UNUSED COUNTY COMMISSIONERS: COUNTY W1DE OCCUPATIONAL LICENSING FEES HUNTING & FISHING LICENSING FEES MOTOR VEHICLE FEES VESSEL REGISTRATION FEES SALES TAXES DELINQUENT TAX FEES WATER & SEWER FEES SOLID WASTE FEES TOURIST DEVELOPMENT TAX FEES OTHER REVENUE OTHER AD VALOREM FEES BCC GEN£'F;AL FUND DEPENDENT DISTRICTS TOTAL COUNTY COMMISSIONERS: FROM OF FEES GOVERNMENTAL TOTAL TO BE UNITS REVENUE REMITTED $4,292,591 59.37% $1,945,967 96,874 1.34% 43,916 66,169 0.92% 29,996 839,965 11.62% 380,783 66,181 0.92% 30,002 360 0.00% 163 53,977 0.75% 24,469 5,158 0.07% 2,338 53,947 0.75% 24,456 144,953 2.00% 65,712 138,513 1.92% 62,792 389,888 5.39% 176,749 $6,148,576 85.04% $2,787,343 385,479 5.33% 174,750 $6,534,055 90.37% $2,962,093 INDEPENDENT: WATER MANAGEMENT SOUTH FLORIDA BIG CYPRESS BASIN CITY OF NAPLES EVERGLADES CITY COLLIER MOSQUITO CONTROL EAST NAPLES FIRE IMMOKALEE FIRE MARCO FIRE NORTH NAPLES FIRE OPERATING BIG CORKSCRE-~N FIRE GOLDEN GATE FIRE - INDEPENDENT DEVIL'S GARDEN COW SLOUGH WATER CONTROL DISTRICT PORT OF THE ISLES COMMUNITY IMPROVEMENT LELY RESORT COMMUNITY IMPROVEMENT KEY MARCO PELICAN MARSH TOTAL INDEPENDENT: $97,368 1.35% $44,140 67,883 0.94% 30,774 9,161 0.13% 4,153 236 0.00% 107 60,869 0.84% 27,594 74,530 1.03% 33,787 14,696 0.20% 6,662 45,779 0.63% 20,753 118,216 1.64% 53,591 7,696 0.11% 3,4~9 21,351 0.30% 9,679 215 0.00% 97 800 0.01% 363 6,402 0.09% 2,902 107,258 1.48% 48,623 9,671 0.13% 4,384 54,097 0.75% 24,524 $696,228 9.63% $315,622 GRAND TOTAL: $7,230,283 100.00% $3,277,715 , GUY L. CARLTON ~2-~o COLLIER COUNTY T/~( COLLECTOR T~U( COMMISSIONS COLLIER COUNTY COURT HOUSE NAPLES, FLORIDA $39~2 1997 12031 DOLLARS ANNUAL REPORT The Office of the Tax Collector is a busy place and an important one to every person in Collier County. Taxes collected and disbursed affect everyone. Especially concerned are the schools, county, municipalities and various districts which depend heavily on taxes for their existence and their activities. This report is designed to aid these agencies in their planning and thus to function as a management tool. The Annual Report Is available to the public as a source of information. TAX ROLL FOR 1996 DISTRICTS TOTAL $CI'K)OL BOARD: MUNICIPALmE$: City of Naples Everglades City TOTAL MUNIClPAUTIES: COUNTY COMMISSIONERS: County Wk~ TOTAL COUNTY COMMISSIONERS: Water Management South Fiodd. a Big ~ Basin Collier Mosquito Control East Naples Fire Immoka~ Fire Marco Fire North Naples Fire Operating Big Cotlr, screw Fire C-olden Gate Fire Inde~efx:lent Der'ir e Garden Cow Sk~ Water Control Dlstflc~ Port o! The t.~es C. ommunlIy Impm'vement Lely Resort Community Ir'np~:~mrne~ Distr~ct Sotid Waste GRAND TOTAL: LEVIED DEDUCTIONS* ADDITIONS' NET $157~174,177 ($5;534,256) $177,069 Sl 51,816,990 5,405,630 (1 ~4,638) 3.028 5,214,020 161,744 (5,82~ 576 156,493 5,567,374 (20Of465) 3~604 5,370,513 68.272,838 (6.696.496) 76,910 61.653,252. 20.274.6C~ (1.0~8.422) 33.347 19.2 ! 9,533 .~.,47,44~ (7,7~4,918) 11o;,'7 80,872.785 6,139,029 (278,332 3,582.829 (194,031 3.20~.973 (173,324 3,918.240 (216,161 743,538 (43,43~ 2,406,561 (128,792 6,195,677 (330,54~ 1,121.830 159,9~1 11,193 (6~ 40,767 (1,43~ ~64,056 (9,89C 5,457,296 (162,88C 1.576,778 (17,073 2,917.297 {134.~ 4,39~.091 (165.O4~ 5,790 4.B66,487 4.037 3.392,835 3,358 3.037,007 5,141 3.707.2.20 1.827 701,929 3.05~ 2.280,825 6,714 5.871,543 744 34O,770 2.218 1,0,64.064 0 10,530 39 39,371 19.270 973.436 1,7C~ 5,29~. 124 41.144 1,6(X),~49 23,892 2.806.659 8.462 4.239.S13 42.o3a.114 (1~4o2} 127.400 40.22~.182 203.327.181 (lS.4r~1 418.330 27e~80.470 TOTAL SCtKX)L BOARD: MUNIC. APAUTE$: ADOmON~ AND DEO4JC'I'TO~S TAX ROIJ. FOR 1~ · Items composk'~ the '~' ~ a~ am as ~t~ ~ ~ ~ ~ ~. ~AXES ~ ~ ~ ~ ~ ~SS ~AN A~ ~ ~ ~ W~ ~S ~.~ ~ T~ R~ ~ CE~A~ ~O ~AR~O (4,~9) ~S~S~ ~,t48,6~ ~7~ ~1 ,~) 0 +Pr. US tPI. U~ PENALTIES ADOflX)h~ COLLECTED TO TAX ROLL 174.73g 2.330 (4310) ~1,70J~1 t 0 574 2 ~ ~~s: ~0) (1 ~ (1~,74~ (I~ ~) 0 3,~ ~ C~ ~~S: ~ ~,111} ~ 1~ ~'~) ~{ (~ (4~.591) ~.~ 1,012 ~ ~ ~MI~E~: (~g72) (67~ (2~1.7~ (l~e~ (161,~) (4.~1.0~) 1~ 1j13 (NOEPENDEHT: O4~ Cy~T~ (121) (t 17.350) (67,88: Cok ~o Con~o4 (72) (125,627~ .~ (14.~) 4,~ ~ Rm (23,7~) (4,~) ~4,6~ ~{ ~ 0 0 0 0 ~ ~ ~ ~ ~. ~. o 8,187 (11,675) L~ R~ ~ Imp. 0 ( I 0.15~ 0 0 (6.~ 0 0 0 (9.67 I 0~0~: (9,~ (~4~ (~11) (4~) (4~1) (s~,~ 4~3,~ 5.714 76 3.964 53 3.310 48 $.063 58 1,816 11 3.020 36 6.622 739 2.201 17 0 o 38 19,2~ 14 1,627 81 41,121 23,849 43 8,397 85 Guy L. Carlton Tax Collector, Collier County. Florida 1996 - 1997 '°~II°D --~L X~unoo ~!IIoD · smo~ou~o~ s, &unoD ~s~.lloD ssxvl &unoD Collier County Florida Properly Taxes Annual Report WILLIAM L. BLACKWELL AD~STR~TrVE Juoc~ MARK MIDDLEBROOK 16G 2 ~1~ comm. rec'cl copy REC, - i'g'ED ,or ~n,~-~ ~ C .... *v rnmmissioners TWENTIETH JUDICIAL CIRCUIT OF FLORIDA OFFICE OF THE ADMINISTRATIVE JUDGE COLLIER COUNTY COURTHOUSE ~1 TAMIAMI TRAIL EAST NAPLES, FLORIDA 34112 (941) 774-8512 FAX (941) 774-9654 HLK~H E. STAPLES C.H,~ Juoc~ WILLIAM D. WILKINSON, SR. COU~T November 3, 1997 Honorable John Norris Collier Count~ Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 RE: Return of Funds FY 96/97 Dear Commissioner Norris: On behalf of William D. Wilkinson, Court Administrator and the Honorable Hugh E. Starnes, Chief Judge, for the Twentieth Judicial Circuit it is my pleasure to return to the Board of County Commissioners, $164,539.15. We were able to do this by utilizing cost effective measures, diligent planning and innovative techniques during the fiscal year. As you are all aware, earlier this year, Court Administration was able to obtain $30,700. from the Violent Crime Fund for the State of Florida. This was money to repay Collier County for costs associated with the Cracker Barrel trial during fiscal year 96/97. If you total these two figures, our total turn back amount for the 96/97 budget year is $195,239.15. At the direction of Mr. Wilkinson, we will continue to seek additional cost saving measures that will provide the citizens of Collier County the most effective and cost efficient services available. Sincerely, ~rook Deputy Court Administrator cc: Robert Fernandez, County Administrator Misc. Corres: ': Date: ..... Copies To: BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT April 14, 1997 13240 lrnmokalee Road 0El 3 ~ '~997 Naple,.Fiorida33964 (941 } 657-6488 Board o~ ~.,,, L3 t,o,,~,lssioners (941) 455-1204 Commissioner Timothy J. Hancock, Chairman Collier County Board of Commissioners Collier County Government Center Naples, FL. 34112 Dear Commissioner Hancock: Enclosed you will find a ~-~';~;,";~4;.,. ,""L;~..;:~.--%.z Big Corkscrew Island Fire Control and Rescue District. According to Florida Statute 189.415(2) this report shall be submitt(~J to each local government in which the Independent District is in. Should you require additional information, please do not hesitate to contact Chief Frank O. Kovarik at (941) 455-1204. Sincerely, Randall Lyon,~man Board of Fire Commissioners RECEIVED Misc. Cortes: I .G. BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 13240 Immokalee Road Naples, Florida 33964 (941) 657-6488 (941) 455-1264 April 14, 1997 To Whom it May Concern: The Big Corkscrew Island Fire Control and Rescue District has had no changes in it's DiStrict Map nOr in it's Registered Agent for the 1995-1996 fiscal year. SincereLy, . ~ Frank O. Ko,,arik, Fire Chief BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 16G 2' 13240 Irnmokal~e Road Naples. Florida 33964 (941) 657-6488 (941) 455-1204 PUBUC FACILITIES REPORT The Big Corkscrew Island Fire Control and Rescue District currently owns and maintains two (2) fire stations. In addition we have secured a parcel of land for our third station. In 1995-1996 the department responded to 486 fires and/or emergencies. A. Station 10, which is our headquarters is located at 13240 Immokalee Rd. The administrative and fire inspection activities are conducted from this location. It is currently staffed by 2 employees. The fire station currently houses 4 pieces of apparatus. Station 11 is located at 18665 Immokalee Road, which is approximately 1/4 mile west of Sanctuary Road. The station is currently staffed by 2 employees and houses 4 pieces of apparatus. We have secured the use of approximately 1 1/4 acres on CR 858 (Oil Well Rd.) near its' intersection with Desoto Blvd. B/C The five year outlook includes the hiring of 9 new employees. Also the construction of a third and fourth fire station on CR 858 and Hwy 846 (west of Station//10), respectively. We expect capitol growth items to be paid for with impact fees and ad valorem taxes. E. No other replacements are expected within the next ten years. The anticipated capacity of the proposed facility will be a three bay station with two to three personnel. The goal is to have a vehicle with trained personnel at the scene within 5 minutes. BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT April 14, 1997 13240 Immokalee Road Naples. Florida 33964 (94 l) 657-6488 (941) 455-1204 BOND SERVICE TO WHOM IT MAY CONCERN: THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT INCURRED NO BONDS OF ANY FORM FOR FISCAL YEAR 1995-1996. RANDALL LYO~I, 6RA~I:~ON BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 16G Audit report for 1995-1996 Report received on March 26, 1997 MANAGEMENT REBUTTAL LETTER 132401mmokalee Road Naples. Hodda 33964 1941) 657-6488 (941) 455-1204 The recommendations of the auditor shall be followed. With regard to the computer problems - it was in direct relationship to software problems for a new program that took the company a while to fix. The information was not available to be backed up due to operating glitches, copies enclosed. With regards to the Auditor General Rule 10.400 a complete inventory report was submitted with all of the data for the accountants examination, at the time of the audit, copy enclosed. B I G CORKSCREW I SLflND FIRE COMMISSION MEETiNi~'$£1iEDUL£ 1996-~ 1997i.~ ALL MEETINGS ARE HELD ON THE SECOND TUESDAY OF THE MONTH 7:38PM STATION #18, 13248 IMMOKALEE ROAD OCTOBER 88, 1996 NOVEMBER 12, 1996 DECEMBER 18, 1996 JANUARY 14, 1997 FEBRUARY 1 I, 1997 MARCH 11, 1997 APRIL 8, 1997' MAY 13, 1997 JUNE 18, 1997 JULY 88, 1997 AUGUST 12, 1997 SEPTEMBER 89, 1997 ANY CHANGE IN THE MEETING SCHEDULE WILL BE PUBliCIZED (*Date change - previous typo) PERRINO & ASSOCIATES Certified Public Accountants 16G 2 Big Corkscrew Island Fire Control and Rescue District AUdited Financial Statements September 30, 1996 Big Corkscrew Island Fire Control and Rescue District Audited Financial Statements September 30, 1996 BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT TABLE OF CONTENTS Independent Auditors' Report Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Not~ to Financial Statements Report on Internal Conlxol Structures in Accordance with Government Auditing Standards Compliance Report Based on an Audit of General Purpose or Basic Financial Statements Performed in Accordance with Government Auditing Standards Management Letter 2 4 5-11 12-14 15-16 17-18 Sui~ 133 Naple~, Florida 33042 Telephone (~1) ~ Fax (941) 434-7240 Assoc s A Pn,f~/on~/Corpor~t/on i6G 2 Suite ~30 214 South Sixth Street Tdcs~one (117) 5'234123 Fax (21~) 523-5~ Board of Commissioners Big Corkscrew Island Fire Control and Rescue District Naples, Florida Independent Auditors' Report We have audited the accompanying general purpose financial statements of Big Corkscrew Island Fire Control and Rescue 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 Big Corkscrew Island Fire Control and Rescue District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the' audit to obtain reasonable assurance about whether the general purpose fin,'mcial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Big Corkscrew Island Fire Control and Rescue District as of September 30, 1996, and the results of its operations for the year then ended, in conformity with generally accepted accounting principles. Perrino & Associates Certified Public Accountants March 23, 1997 s MEMEP' ~ ll~ Il l~rl~ OIm CPA's ' D[V{~{(3~ PO~ CPA FIRMS ' "{lm40~ CPA ~O'~i~ t f * FLORIDA IN~ 111 UTE O{~ ~s -I- · ~.6~ '2'" FINANCIAL STATEMENTS General Fixed 43- 7,825 9.899 237,553 252,199 329,479 -0- 83.6.955. Long-Term --0- 168.886 168.886 Total (Memorandum Onlyl $ 33,301 9,281 7,825 9,899 237,553 252, ! 99 329,479 -0- 168.886 -0-- $ 155,758 $ 168.886 $ 7,856 5,889 -0- 155,758 13.128 $ 836,955 -0- 43- 836.955 43- -0- 168:886 $ 836,955 {4,0o4) !6G 2 2 Big Corkscrew Island Fire Control and Rescue District Combined Statement of Revenues, Expenditures, and Changes in Fund Balances All Governmental Fund Types September 30, 1996 16G 2 REVENUES Ad valorem taxes Impact Fees Other Sale of Fixed Assets Matching Grants Donated Items Total Revenues Governmental Fund T..vpes Special Total General Revenue (Memorandum Fund Fund DiIIy3 $ 328,179 $ -0- -0- 46,129 4,377 353 7,000 -0- 49,913 -0- ~ 4)- 328,179 46,129 4,730 7,000 49,913 468.189 EXPENDITURES Personal Expenditures Operating Expenditures Capital Acquisitions Grant Expenditures Principal Retirement Interest and Fiscal Charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Fund Balances, September 30, 1995 Fund Balances, September 30, 1996 $ 223,232 $ -0- 102,511 -0- 80,276 165 -0- 798 $ 223,232 102,511 80,441 798 5,092 14,954 20,046 1,646 9.847 11.493 8,950 $ 20,718 (4.004~ ~ $ 29,668 {831~ See accompanying notes and independent auditors' report. 3 Big Corkscrew Island Fire Control and Rescue District Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual September 30, 1996 REVENUES Ad valorem taxes Impact fees Other Matching Grants Sale of Assets Donated Items Total Revenues Personal Services Operating Expenditures Capital Acquisitions Grant Expenditures Principal Retirement Interest and Fiscal Charges Total Expenditures Deficiency of Revenues COnder) Expenditures Fund Balances, September 30, 1995 Fund Balances, September 30, 1996 $ 347,173 $ 328,179 31,125 46,129 4,280 4,730 5,401 49,913 3,500 7,000 $ 391._479 $ 468.189 $ 231,465 $ 223,232 113,927 102,511 21,268 80,441 -0- 798 20,047 20,046 ·$ (7,153) $ 29,668 (831) (831) $ (7.984) ~ Variance Favorable (18,994) 15,004 45O 44,512 3,500 76.710 $ 8,233 11.416 (59.173) (798) I 432 (39.889) $ 36, 821 See accompanying notes and independent auditors' report. Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 166 NO'I'~ I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Big Corkscrew Island Fire Control and Rescue District (the District) is a local governmental unit created by the Florida Legislature to provide fire and rescue services to a certain prescribing area in Collier County, Florida, and is an independent special district authorized and existing under the State of Florida enabling statute chapter 77-535. The District is operated by a three-person Board of Commissioners. The General Fund, Special Revenue Fund, and Account Groups include all the operations and activities relevant to the District. In evaluating the District as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the District's financial statements, have been addressed. The basic criterion for including a component unit witL'i',~ the District's reporting entity is the exercise of oversight responsibility by the District's Board of Commissioners. Factors other than oversight which may significantly influence the entity relationship are the scope of public service and special financing relationship. There were no entities that required inclusion as a component unit within the District's financial statements. Additionally, there were no entities for which there were positive responses to specific criteria used for establishing oversight responsibility that were excluded from the District's financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows - Manifestations of Oversight Responsibility; Selection of Governing Authority; Designation of Management; Ability to Significantly Influence Operations, Accountability for Fiscal Matters; Budgetary Authority; Surplus/Deficit; Responsibility for Debt; Fiscal Management; and Revenue Characteristics. Fund Accounting, The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balances, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped for financial statement purposes, into two governmental fund types and two account groups. See accompanying independent auditors' report Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Governmental Fund Types The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. S.t~cial Revenue Fund The Special Revenue Fund was created during 1991 to account for the proceeds of specific revenue sources that are legally restricted. This fund accounts for impact fee revenue and the :flared capital expenditures. General Fixed Assets Account Group The General Fixed Assets Account Group accounts for fixed assets used in the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. The District does not have any infrastructures. No depreciation has been provided on general fixed assets. Long-Term Debt Account Group The Long-Term Debt Account Group accounts for long-term liabilities that arc backed by the District's credit and revenue raising powers. Basis of Accounting All governmental funds use the modified accrual basis of accounting. Revenues are recognized when they become measurable and available as net current assets. Revenues are recorded as received except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are Ad Valorem taxes and impact fees. Expenditures are recorded when the liability is incurred, if measurable, except that: a) b) Disbursements for insurance and supplies inventory are considered expenditures at the time of acquisition; Interest on long-term debt is not accrued, but recorded as an expenditure when due. See accompanying independent auditors' report 6 Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 16G NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Encumbrance accounting, under which purchase orders and other commitments for expenditures of monies are recorded, is not employed by the District and thus no amount has been included in these financial statements for encumbrances. ~- The budget column of this statement is prepared from the District's adopted annual budget, as amended during the year, which reflects budgeted revenues and expenditures for all governmental fund types on a combined basis. The District did not prepare separate budgets for the general and special revenue funds. The budget was adopted on a basis consistent with generally accepted accounting principles. Appropriations lapse at year end. Pro.Deny Tax Calend~ - The calendar is composed of the following dates: 1. Lien date - 3rd week in May 2. Levy date - July l 3. Due date - March 31 4. Collection dates November through March -CoJllW, fl.,~2led Absenee~ Employees cannot accumulate and carryover vacation time to the following year. Employees are eligible for vacation time after one (l) year of continuous service. Vacation time must be used in the year it is earned or it is forfeited. Employees can earn forty eight (48) hours of sick time per year which can be carried forward and vests when an individual has been employed two years. Vested employees are entitled to monetary compensation of four hours for each eight hours accumulated during the second through tenth year of employment and eight hours for each eight hours accumulated from the eleventh year of employment forward. The accrual has been included in the General Long Term Debt Account Group for vested sick time. 2 See accompanying independent auditors' report. 7 Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 i6G NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Total Column on the General Pu .rpose Financial Statements - The total column on the general purpose financial statements is captioned 'MEMORANDUM ONLY' to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position or results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. NOTE2-CASH Cash at September 30, 1996, consisted of the following: Checking accounts $ 4,795 Money market accounts 28,356 Petty cash 150 $ 33:30,,1. All deposits are insured by Federal Depository Insurance and a multiple financial institution collection pool as required by Sections 280.07 and 280.08 of the Florida statutes. Included in the money market account balance is $28,356, which is restricted for capital acquisitions since it represents impact fees received and not yet spent at September 30, 1996. NOTE 3 - CHANGES IN GENERAL FIXED ASSETS A summary of changes in general fixed assets account group is as follows: Land Land Improvements Building Equipment Vehicles Balances September 30. 1995 ~ Disposition $ 7,825 $ -0- $ -0- 9,899 -0- -0- 237,553 -0- -0- 171,758 80,44 ! -0- 340.279 3,000 13.800 $ 767:314. $ 83:441 ~ 13:80~. Balances September 30. 1996 $ 7,825 9,899 237,553 252.199 329.479 $ 836:95,5 · See accompanying independent auditors' report. 8 Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 16G NOTE 4 - ACCRUED LIABILITIES Accrued liabilities at September 30, 1996 consisted of the following: Accrued wages Accrued retirement Accrued payroll taxes Accrued health insurance $ 2,451 648 2,774 16 NOTE 5 - GENERAL LONG-TERM DEBT A summary of changes in general long-term debt is as follows: Capitalized lease obligations September 30, September 30, $ 175.804 $ -0: ~ $ 155.758 Capitalized Lease Obligations The District is committed to various capital leases. Capital leases are generally defined as leases which transfer benefits and risk of ownership to the lessee. Equipment with a cost of $202,500 is being financed by the capital lease obligation and included in the general fixed assets. The following is a schedule of future minimum lease payments as of September 30, 1996 under the capitalized lease obligations. L~ss: Year Ending 1997 $ 31,971 1998 31,971 1999 31,971 2000 31,97 l 2001-2005 74,501 $ 202,385 amount representing interest .__(.1.6,.622) $ 155:758 See accompanying independent auditors' report. Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 16G NO'I'~ NOTE 6 - STATE OF FINANCIAL EMERGENCY The District has had a deficit fund balance in their General Fund for two successive years. This has caused the District to be in a state of financial emergency as defined in Section 218.503(1) of the Florida Statutes. Management has reduced the deficit from $12,954 to $4,004 through the increase in revenues. Management expects revenues to continue to grow and intends to reduce operating expenditures to resolve this situation. 7 - PENSION PLAN OBLIGATIONS All full-time District employees are participants in the Florida Retirement System (System), a defined benefit, multiple-employer public retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Retirement. The plan covers over 670,000 past and current employees of various governmental units within the State of Florida. The System provides for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of service. Early retirement is available after I0 years of normal service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years-of-service credit, where average compensation is computed as the average of an individual's five highest years of earnings. Participating employer contributions are based upon State-wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees - 16.91% and special risk employees - 26.83% as of January I, 1996. The District's contribution to the plan for the year ended September 30, 1996 was $35,861. This represents 25.7% of the District's covered payroll of $139,765. The total payroll for fiscal 1996 was $139,765. See accompanying independent auditors' report. l0 Big Corkscrew Island Fire Control and Rescue District Notes To Financial Statements September 30, 1996 16G NOTE 7 - PENSION PLAN OBLIGATIONS The peasion benefit obligation for the system as a whole, determined through an actuarial valuation, was $47.3 billion at July 1, 1995, the date of the most recent actuarial report. The report also indicates that the system had total assets available for benefits of approximately $41.6 billion at that date. The total unfunded prior service cost at July 1, 1995 was approximately $5.7 billion and is being amortized over varying periods not to exceed 30 years. The pension benefit obligation is a standardized disclosure measure of the salary increases and step-rate benefits estimated to be payable in the future as a result of employee service to date. The measure is intended to help users assess the System's funding sums on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among retirement systems and among employers. The System does not make separate measures of assets and pension benefit obligations for individual employers. Ten-year historical trend information showing the System's progress in accumulating sufficient assets to pay benefits when due as well as the actuarial assumptions used in projecting the pension benefit obligation is presented in the System's July !, 1995 Comprehensive Annual Financial Report. See accompanying independent auditors' report. 11 SUPPLEMENTARY INFORMATION F~x (~tl) 434-:~40 Board of Commissioners Big Cor 'kscrew Island Fire Control and Rescue District Naples, Florida Report on the Internal Control Structures in A~:cordance with Government Auditing Standards We have audited the general purpose financial statements of Big Corkscrew Island Fire Control and Rescue District as of and for the year ended September 30, 1996, and have issued our report thereon dated March 23, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the. audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. In planning and performing our audit of the general purpose financial statements of Big Corkscrew Island Fire Control and Rescue District for the year ended September 30, 1996, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control structure. The management of Big Corkscrew Island Fire Control and Rescue District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, est/mates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use and are recorded properly 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 not 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. tL(EMB;~ AMI3RICAN II~illOT8 OF C~Ks · I:F,f~HON FORCPA FIItMS · ~CPA ~OC{~'YY · PLOR~A lh~mOTE OPCl,A's -12- Big Cor~crew Island Fire Control and Rescue District Page Two 16G For the purpose of this re~rt, we have classified the significant internal control structure policies and procedures in the following categories: - Treasury or financing - Revenue/receipts - Purchases/disbursements - External financial reporting For all of the internal control structure categories listed above, 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. We noted certain matters involving the intemal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure, that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial 'statements. Lack of Segregation of Duties We noted that due to the size and nature of the District that there is a general lack of segregatio~ of duties. 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 reportable condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or 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. 2 Big Corkscrew Island Fire Control and Rescue District Page Three 16G However, we noted other matters involving the internal control structure and its operation that we have reported to management of Big Corkscrew Island Fire Control and Rescue District in a separate letter dated March 23, 1997. This letter to management has been prepared which identifies immaterial weakness and, whether the District has complied with Florida Statute 218.32 and Chapter 10.400 Rules of the Auditor General - County and District Tangible Personal Property. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. Perrino & Associates Certified Public Accountants March 23, 1997 -14- 2 5uit~ 133 Telepho~ (941) F~x (~4~) · Assoc s 16G 2' Board of Commissioners Big Corkscrew Island Fire Control and Rescue District Naples, Florida Compliance Report Based on An Audit of General Purpose or Basic Financial Statements Performed in Accordance with Government Auditing Standards We have audited the general purpose financial statements of Big Corkscrew Island Fire Control and Rescue District as of and for the year ended September 30, 1996, and have issued our report thereon dated March 23, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to Big Corkscrew Island Fire Control and Rescue District is the responsibility of Big Corkscrew Island Fire Control and Rescue District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations, contracts, and grants. However, our objective was not to provide an opinion on overall compliance with such provisions. The results of our tests indicate that, with respect to the items tested, Big Corkscrew Island Fire Control and Rescue District complied, in ali material respects, with the provisions referred to in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that the District had not complied, in all material respects, with those provisions. Big Corkscrew Island Fire Control and Rescue District Page Two 16G 2 '0 We noted certain immaterial instances of noncompliance as follows: Auditor General Rule 10.400 The District had not performed an inventory of property and equipment as of the balance sheet date of this report. The District needs to institute procedures to ensure that this rule is complied with and inventory taken as of the balance sheet date. Rule 10.400 is very specific on the procedures to be utilized and the form and content of fixed asset records end the District needs to institute procedures to ensure that they are in compliance on a timely basis. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District and the Auditor General of the State of Florida, is a matter of public record. Perrino & Associates Certified Public Accountants March 23, 1997 ~ 133 4100 ~ Square T~.l~e (941) Fax (~41) t34.TZlO 16G 2 A ~ Corporf.'~ 214 South Sixm S~et F~x (217) ~3-5929 Board of Commissioners Big Corkscrew Island Fire Control and Rescue District Naples, Florida Commissio.ers: This letter is in regard to the auditor's report on internal control and is prepared in accordance with the Rules of the Auditor General Chapter 10.550. The financial report tiled with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of the date of this letter. As part of the audit, we prepared the financial report and it is in agreement with the annual financial audit report for the period ending September 30. 1996. The following comments and recommendations are on those areas, which, in our opinion, need improvement, but are not material in relation to the financial statements of the District. It was noted during our testing of accounts payable that not all retirement contributions and payroll tax deposits had been deposited in a timely manner. Management needs to make certain that payroll taxes and retirement contributions are deposited on time in order to avoid penalties and comply with Internal Revenue Service and State of Florida regulations. It was also noted during our examination that Big Corkscrew Island Fire Control and Rescue District had a deficit budget for the second year in a row. Management has taken steps to reduce the deficit from $12,954 to $4,004. This situation has put the District in a state of financial emergency under Section 218.503(1) of the Florida Statutes. The District needs to notify the Governor and the Legislative Auditing Committee of this situation. The District has a negative fund balance in its general fund and needs to continue to develop a plan of action to reverse that situation. The District was able to reduce this deficit by $8,950 during the year ended September 30, 1996. The District experienced significant delays in the preparation of its t'inancial statements due to problems with their computer system. The District needs to take steps to prevent similar situations from happening in the future and to make st, re that there are backup tapes that can be used to restore information immediately. iMI~4~KII ~ i]'~:i, XllU'rH OF CP,~'s · I)IVISIIiIIq ~ C~A pljl3,~. !~ ! IlqO~ CPA SO(:3l~ry. pLO~.IDA ll~o 1 llt.rl~ (]~ ~ s -17- Board o£ Commissioners Big Corkscrew Island Fire Control and Rescue District Page Two The following comments relate to prior year management points: Accountine Records In testing cash disbursements, it was noted that the District was continuing to follow its internal control procedures for approving an invoice for payment. Each invoice tested indicated approval for payment, check number, account number item should be posted to, and a copy of the check stub. The District has improved its recording procedures for matching grants and donations. Property and Equipment See comments at page 16. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. We wish to express our appreciation for the cooperation and courtesy extended to t,s by the employees of the District during our engagement. Should you have any further qt,estions as to this letter, do not hesitate to contact us. Perrino & Associates Certified Public Accountants March 23, 1997 -18- .C FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTI'NG ENTITY: Big Corkscrew Fire District REPORTING FUND GROUP: General Fund REVENUES AND OTHER CREDITS (311.000 TIIROUGH 390.000) Description Ad Valorem Taxes Other-Mi~celtaneous Revenues -__NonoperatinR-Grants-Other - Dl~uositton of Fixed Asse~s' Contributions ~.DPB~tions-Prtvste- Contributions from Enterprise Account No. 311.000 369.000 366.000 _332.o2o_ TOTAL REVENUES AND OTIIER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) I ID NUMBER: Whole Dollars Only Arno.at $ 328,591 3,965 _ 49,913 7~000_ 29,238 3~000 _ $ 421,707 16G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 R.EPORTING ENTITY:gxg Corks~;rew Fire REPORTING FUND GROUP: Sp,elax uevenue ,Funst REVENUES AND OTItER CREDITS (311.000 TItROUGH 390. 000) Whole Dollars Only 363 . 290 361 . 000 ACcount No. Description Alno,nt · Impact Fee~-O~her $ 46,129 " 353 Interest Earnings TOTAL REVENUES AND OTHER CREDITS Duplicate this page ii' additional lines are needed. FORM DBF-AA-403 (R. ev. 1019196) I 46,482 ;I ii< 16G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY:BiS Corkscrew Fire Distrtct[m NIJlVfBER: REPORTING FUND 'GROUP: Genera~ Fund EXPENDITURES AND OTHER DEBITS (5II TtlROUGH 592) Account No. Ob_~ect De.qcriptlon 522 1~" Public Safety-Personal Expendtt, ures 5_2_2_ 36_ -. _Public Safo~y-0oerattn? Expenditures 583 60 Installment Purchase-Capital Outlay 584 70_ Capital Le. ase-D~t Service TOTAL EXPENDITURES AND OTItER DEBITS Duplicate this page ifnddltlonal lines arc needed. FORM DBF-AA-403 (Rev. I 0/9/96) 2 188 Whole Dollars Only Amount 223,232. 102~511. 80,276. 6,738 412,757 2 C 16G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: ~ig Corkscrew Fire Distrtct[D NUMBER:, 188 REPORTING FUND 'GROUP:_ sPecial Revenue Funa EXPENDITURES AND OTHER DEBITS (511 TtlROUGH 592) Account No~ ~ D..cicriptlon 583 bi3' Installment Purchase-Capital 0~utlay ~3~- -f6 _ ,Other .om, erati,,~ 5'"~'- _7_0 Capital Lease-Debt Service _ TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page ifadditlonal lines are needed. FORM DBF-A.A-403 (Rev. 10/9/96) 2 Whole Dollars Only Ammml $ 165 798 24,801 $ 25,766 r iED 1997 2 of Cbunty September 15, 1997 County of Colliar Clark Of The CLrcult Court Finance Department 2671 Airport Road, Court Plaza IH Naples, Florida 34112 Misc. Corres: Date: _///~¢' '7 Copies To: Dear Mr. JoKus~n: Per our phone conversation on 16 Sept~nber 19~7, enclooed is the District Map for Cow 81ough Water Control Dfstrict. Also enclom~ is a copy afth~ re~J~tm~ s~e~t fo~m for 1997. Re~arding the De. ripen of ~ ~ Cow ~ou~h Water Control District h~s no bond~ ~IUe~. I took the Bberty of ~ a few extra documents that Mr. Jack Gukins who lsthe Operations and Mam~ement Consultant to the ~tate of Florida Special District Information Pro,ram faxed over to me. If you have amy qllem$~lon~ re~rdln_~ the en~ documents, pl~ms~ let me know. It was great jpetkJ~f with yotl tlLd I look_ forward to working with you in the future. Thank you. District Aam!n~trator Cow Sloug~ Water Control District RECEIVED L_.. FIIqAlqCE Florida Department of Co,,.. ,1unity Affairs, Special Districts Information ,.,ogram REGISTERED AGENT UPDATE Per seaion 189.4035, Florida Statutes, the Department of' Community Affairs, Special Districts Program is required to update the registered agent/office annually. Please complete this form and FAX to 904/922.5623 or mail to the Special Districts Information Program. 2555 Shumard Oak Blvd, Tallahassee, FL, 32399-2.100. For assistance, please call 904/922-5431 or SC 292-5431. Dead/~e: April 1, '1997. P a r~_ I. R EGIS TRATI O N (,NSTRUC'~,ONS *,D C~EF,NmONS ARE ON ~'"E "^CK OF T.,S FORM). PRESENT STATUS ITEM CHANGE TO: COW SLOUGH WATER CONTROL District Name DISTRICT Dana Clement Registered Agent Name P. O. Box 1986 Registered Office Address ArcaDia, FL 34285 9414944021 Phone Number PLF_.~.SE PROV1DE Fax Number PLEASE PROV1DE Date Established June 28, ].989 IN DEFEN DENT Status PLE,~SE CIRCLE ONE Authorizing Document Ordiance/Resolution/Statute~'~ecial A~Jj) Court Decree/Inter'local Agre~ Ch. 298. F.S. Statutory Authority : Local Governing Authority I ELECTED Board ! Yes Bond Authority Assess Revenue Source 2 Par~ II. FINANCE & ACCOUNTING erscn who is rcsconsible for prccessin~l ~',e a~,nud St~tu~or'/Sced=l is-mc'~ F-_-. INVOICE) ' Dana Clemen: Pos: Office Box 1986 Arcadia, Florida 34265 Ph~cc~um~r: ~4L) 494 - 402[ Part" I'11',', CERTI F I.CATI ON I, me t~ff, e~ c~-rff'Y mat '~ information mpo~ her~in is ~ccurate and complete. : Dar~a:"Ciemenr. ·-..:.. D~a~ricc' Adm£ni$cracor ' : E::'.i: '.~~~~2/28/cga6te'-': .'i:'L'~ · ' ' COW SLOUGH WATER CONTROL DISTRICT Dana Clement P. O. Box 1986 Arcadia. FL 34265 : t 2' - I ,, i. VICINITY MAP : -~ COW SLOUGH WA3ER COt~TROL DISTRICT IN -- __ ~.,T~_I~-.'.' HE~'~DRY AND COLLIER COUt~T'IE$, FLORIDA ..' PLATE NO. 1 HENDRY=. COLLIER C 2 DEPARTIMNT OF ¢OMMtJN AFFAJR$ DMl n of HotmlflO ind Commun y Devek pment Rule t8.,60: Special DIM:dct Information Program RULE TITLES: RULE NOS: Fee~ Annua~ Production of the Official List of Spec~ Dis~ct~ Effect of Failure to File Flnancial Reports 09-.50.003 9B-50.004 9B-60.022 gB.-60.O03 Feee. (1) On o~ before March I of each y~a', or within 45 days of the invoice date, whichever Is later, special district shall aubmit to the det3a~t a fee fo~ the current state fiscal year in the amount of $175 to admini~ter Chapter 189, F.S., except al indicated by ~ubeectJon (5). (2) The Def~rtrrmnt shall annually, at least 30 clays prior to the due date, ~end a fee invoice by r~uler mail to eli apecil di~ on the ~ U~t of Special Districts. The failure of a special di~tr~t to receNe notch of the fee a~eeslment from the department shall not excule the (3) Any newly created special district shall aubrr~t to the department a prorated fee, based on the following ~hedule: (a) Disb'tct~ c. mated between July 1 and September 30 shall pay a fee in the amount of $150. (b) Distrlct~ created between October I and December 31 shall pay a fee In the amount of $125. (c) Dlstrict~ created between January 1 and Marct~ 31 shall pay a fee in the amount of $100. (d) Oistrtcm c.,mated between April 1 and June 30 shNI pay a fee in the amount of $75. (e) This fee shall be submitted within 30 daya of the dl~'ict'l creation. (4) If a specJal district falls to remit the required annuaJ fee to the department In the prescribed time. a $25 fine wilt be asae~ed. If upon aacond nol~, I R3eciai dllffict falls to remit the required annual fee to the depattrnent In l~e prescribed time, an ~cldltional $25 fine w~l be aa~essed. (5) Independent special districts, and dependent special distrtct,~ which are not component units of a general purpose local govemrnent, repoding less than $1,.~30 in revenues to the department of Banking and Finance on the Annual Financial Report may annually upon written request to the department have their armual fee reduced to $~K). Dlstricl~ reporting zero revenues to the Department of Banking and Finance on the Annual Financial Report may upon written request to the department have their annual fee waived. SpeciE: Authority: 18g.425 F$. Law Implemented 189.427 FS. HLItoe/- New 5-1-90, Amended 3-14-91, 12-3-gl, 8.. 10-g7, '1 9B-50.004 Annu=l Product]on of the Official Llat of Special Db/~-ict~ (1) The department shall annually, by June 30 and at least 30 days prior to the due date, send [he registered agent update form, DCA-SDIP-001, 5/1/97, hereby incorporated by reference, by regular mail to ail st~eclal dl~trict~ on the Official List of Special Die.cts. The failure of a special district to receive notJScation of the registered agent update form from the department shall not excuse the special district from i13 obligation to submit the form. On or before Jury 1 of each year, each spatial district shall submit to the department a fully completed ri~istemd agent update form, DCA-SDIP-.001, 6/1/97, required by the department to Implement [he maintenance, annual updating and distribution of the Official List of Special Districts. $13ectflc Authorib/: 189.425 FS., Law Implemented 18g.4035, 189.412 F.S. History- New 5-1-90, Amended 8-10-g7. gB..~0,022 E~,f~)¢t of Fallure to File Financial Repo,-tI (1) [fa spatial disfl'ict fails to file any of the financial repo~ required under section 11.45, section 218.32, section 218.34, or section 218.38, F.S. with the appropriate state agency, the agency shall notify the department. Upon notification from the appropriate state agency that a special district has failed to file any of the required financial reports listed In su138e~on (1), the department will n'taka a formal inquiry t~ resolve We noncompliance. If. as the result of the formal inqui~/, the department determines that the distrlct board has failed to make a good faith effort to ~ [he required reports, the department will either. (a) Assess a fine of $25, mr report, each time a special district fails to file any of the required financial reports listed in subsection (I) and assess an additional $25 fine if upon second notice a spatial district fails to file the required financial report, provided that the department will not assess a fine exceeding $50 wtth respect to any one annual reporting requirement; or (b) lniEa[e enforcement proceedings per section 139.421, F.S. Specific Auth(~rit'y: I89.425 FS. Law implemented ~,89.419, 189.421 FS. History- New. 2 (3) Meetings of the governing body of the special district shall be held in a public building when available within the district, in a county courthouse of a county in which the district is located, or in a building in the county accessible to the public. History.--s. 10, ch. 79-183; s. 78, ch. 81-159; s. 24, ch. 89-169. Note.--Former s. 189.005. rw189.418 Reports; audits,-- (1) When a new s~cial d~s~=lct is c=eated, the district must ard to the department, within 30 days after the adoption of the special act, rule, ordinance, resolution, or other document that provides for'the creation of the district, a copy of the document. In addition to the document or documents that create the district, the district must also submit a map of the district, showing any municipal boundaries that cross the district's boundaries, and any county lines if the district is located in more than one county. The department must notify the local government or other entity and the district within 30 days after receipt of the document or documents that create the district as to whether the district has been determined to be dependent or independeht. (2) Any amendment, modification, or update of the document by which the district was created, including changes in boundaries, must be filed with the department within 30 days after adoption. The department may initiate proceedings against special districts as provided in ss. 189.421 and 189.422 for failure to file the information required by this subsection. (3) Each special district shall file with the local general-purpose governing authority or authorities within the geographic boundaries o~ the district a copy of: (a) The reports required by ss. 218.32 and 218.34; (b) A complete description of all new bonds as provided in s. 218.38(1); and (c) A map of the district and any subsequent boundary changes. (4) Each special district shall make provisions for an annual independent postaudit of its financial records as provided in s. 11.45. A copy of the audit shall be filed with the local governing authority or authorities. (5) All reports or information re(tuired to be filed with a local governing authority under ss. 11.45, 189.416, 189.417, 218.32, and 218.34 and this section shall: (a) When the local governing authority is a county, be filed with the clerk of the board of county commissioners. (b) Wllen the district is a multicounty district, be filed with (c) When the local governing authority is a municipality, be filed at the place designated by the municipal governing body. History.--s. 10, ch. 79-183; s. 16, ch. 81-167; s. 25, ch. 89-169; s. 13, ch. 96-324. Note.--Former s. 189.006. 189.419 Effect of failure to file certain reports.-- ~ ~ould be ~ ~bss b~ stad~ 'DBADLH~ POR SU~M2S.~ON OP ~ ANlq'dAL YZNAIVC'iAI. AUDIT to the Amgtm Genm'd baa been d,.nta~ fram -q0 to 45 da~ thr ~_R~NT) RFJ~ORT[NO RgOUT1~a~a~rl'.q c:~ a,ud {ovm-nc~l. dt~rlot ~.ra. Th~ 30 da~ ~ still ~xbes (s~ r~l~rt no 1I. on tl~ f1~97 ~9:33 ~44~47488 · ~ of ~xz'o u'yFr dmauld Th~ ~ authork/ck~d, Sec~ 118.487, I~ ~' h li~,otrccg. Thc c~ cit~loG l~ S,~tlou 218.40'/, Plod, ia r~olutt,~,, ~t time of DEVIL'S GARDEN WATER CONTROL DISTRH -_ O £1VED Post Office Box 338 La Belle, FL 33975 0 C 1 3 I 1.q§7 i~oard ol Count~' Coa~,~_~ioners September 15, 1997 Mr. Derek M. Johnssen General Accounting Manager County of Collier Clerk o~ the Circuit Court Post office Box 413044 Naples, FL 33941-3044 Re: Special District Reporting Dear Sir: This is to advise that ~Devil's. Garden Water Control District amended its boundary to remove certain lands, including those in Collier County, from the District. A copy 6f the executed order approving the petition to amend the bounda.ry is enclosed for your file. Mr. David C. Weigel, County Attorney for Collier County, is on the service list for the petition and has been furnished a copy of the proceedings. Now, since the District does not include any lands in Collier County, it is no longer required to report to Collier County. If you have any questions please call. Sincerely, WRH/bjg Enclosure 'b IN THE CIRCUIT COURT OF THE TWENTIETH .JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR. IIENDRY COUNTY, FLORIDA. CIVIL DIVISION CASE NO: 9%104 CA '~, IN R.E: DEVIL'S GARDEN WATER CONTROL DISTRICT A Water Control District o[The State of Florida 2200881 OR: 2327 2762 l'lll21J! g It:IUI IIZtlT I. ~ ~ I~C m IS.~ O RD ER APPROVING PETITION -TO CHANGE BOUNDARY LINES ~)F THE DISTRICT AND TO AMEND WATEK MANAG~ PLAN AND ORDER APPOINTING COMMISSIONERS Thc Petition of DEVIL'S GARDEN WATER CONTROL DISTRICT and its Board of Supervisors for permission to change the boundary lines o~'fl~e District and to amend file Water Management Plan(s) and appoint Commissioners, and a copy of said Revised Plan of Water Management of said District having been presented to tl~e Court, and the Court having been fully advised, and after due Consideration thereof, finding that said permission to change the bound,xry lines of the District and to amend the Water Management Plan(s) should be granted and that commissioners should be appointed as prayed for in the Petition, it is thereupon, ORDERED, ADJUDGED and DECREED that: I. l'ermission is hereby granted to change the boundary lines of DEVIL'S GARDEN WATER CONTROL DISTRICT and to amend the existing Water Management Plan(s). 2. JOHN YAUN, JOHN STITT, and BRYAN BEER are appointed Commissioners lo appraise the lands within ~nd without DEVIL'S GARDEN WATER CONTROL DISTRICT, lo be acquired for rights-of-way, holding b~sins, and other works of sa~d District as described in DEVIL'S GARDEN WATER CONTROL ~'~ DISTRICT, Revised Plan of Water Management and to assess benefits and damages accruing to all lands of'said District as described in said DEVIL'S GARDEN WATER CONTROL DISTRICT, Revised Plan of Water Management by reason of execution of the DEVIL'S GARDEN WATER CONTROL DISTRICT, Revised Plan of Water Management, filed with said Petition, and to perform the other duties imposed upon such Commi~ioners by law. IT IS FURTHER ORDERED that the Clerk of'the Ci~uit Cou.,'t shall, within 10 dayg aRer the granting of the decree, transmit a certified copy ofthe Petition and tiffs Order to the Secretary of the Boa~l of Supe.~visors of DEVIL'S GARDEN WATER CONTROL DISTRICT and also transmit a certified copy of the Petition and a copy of this Order to the DepaRment of Environmeatal Regulation and ~o the Clerk of the~ir~uit Court of Collier County who shall file and r,~.ord same, as provided in Chapter 298 Florida Statutes. IT IS FURTHER ORDERED that the Clerk of this Court shall issue to each of said Commissioners a notice of' appointment and setting the time and place of the first meeting of said Commissioners. DONEAND ORDERED this /7 dayofJune, 1997. JOHN S. CARLIN HONORABLE JUDGE CARL, IN Circuit Judge Copies furnished to those on atlached Service List U:~,iV~)RDERDEV.OOU SERVICE LIST 2327 PO: 2764 *" 160 Stacey D. Cow. Icy State of Florida Dept. of Environmental Protection 3900 Co,nmonwealth Blvd. Tallahassee, FL 32399-2400 Cecil O. Akin. Chairman Board of County Commissioners ltendry County Florida P. O. Box 1760 LaB¢IIe, FL 33935-1607 David C. Weigel County Attorney Collier County Oc,-teimu-nental Center 3301 East Tamiami Trail Naples, FL 34112 Michael C. Slayton Deputy Executive Director South Florida Water Managemeut District P. O. B~x 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 J. O. Zipperer, Jr. P. O. Box 640 2725 I-lanson Street Ft. Myers, Florida ! I :XD} E~vlM~M V~.O EV [I..S~ ERV.I--h''F R E C El V[F-'~G 2 OCT 3 1 ~97 Board of County Co~$sstoners Misc. Corres: Copies To: EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1996 RECEIVED SEP 2 6 ic- FIN/~N .,E 16EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT SEPTEMBER 30, '1996 TABLE OF CONTENTS INDEPENDENT AUDITORS REPORT PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Statement of Revenues, Expenses and Changes in Retained E,-,rnings-Propdetary Fund Type Statement of Cash Flows - Proprietary Fund Type Notes to General Purpose Financial Statements PART II. SUPPLEMENTAL INFORMATION Schedule of Personal Services and Operating Expenditures Governmental Fund Types - Budget and Actual 16G 2, PAGE 4 5 6 7 8 16 PART i11. OTHER REPORTS Report on Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Management Letter 17 20 22 INDEPENDENTAUDITORS REPORT July 24, 1997 Board of Comm!ssioners EAST NAPLES r:IRE CONTROL AND RESCUE DISTRICT Naples, Flodda We have audited the accompanying general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE 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 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of matedal misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present faidy, in all matedal respects, the financial position of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, as of September 30,1996, and the results of its operations and cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles. -1- Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT July 24, 1997 Page 2 Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The Schedule of Personal Services and Operating Expenditures listed in the table of contents is presented for purposes of additional analysis and is not a required part of the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is faidy stated in all matedal respects in relation to the general purpose financial statements taken as a whole. In accordance with GovemmentAuditing Standards, we have also issued a report dated July 24, 1997 on our consideration of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT's internal control structure and a report dated July 24, 1997 on its compliance with laws and regulations. Certified Public Accountants -2- PART I. GENERAL PURPOSE FINANCIAL STATEMENTS 16G ~' EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1996 PROPRIETARY GOVERNMENTALFUNDTYPES FUND TYPE SPECIAL INTERNAL GENERAL REVENUE AGENCY FUNO FUND , FUNO ASSETS AND OTHER DEBITS Cash and cash equivalents Taxes, fees and other receivables Prepaid insurance Investment with trustee Land Buildings and ir~.provements Equipment Vehicles and trucks Office furniture and fixtures Amount to be provided for retirement of general long-term debt Total Assets and Other Debits $ 368,979 $ 897,144 $ 7,168 45,306 34,049 13,707 10,661 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LIABILITIES, FUND EQUITY AND OTHER CREDIT,S. Liabilities: Accounts payable Accrued liabilities Due to individuals Note payable Total Liabilities $ 7,283 $ 0 $ 2,156 148,929 0 93 0 0 0 0 0 0 156,212, 0 2,249 Fund Equity and Other Credits: Investment in general fixed assets Retained earnings - unreserved ' Fund Balance: Reserved Unreserved Total Fund Equity and Other Credits 0 0 0 · 0 0 18,626 0 931,193 0 268,73~.. 0 0 268,73~. 931,19~ 18,626 Total Liabilities, Fund Equity and Other Credits 931.193 FIDUCIARY FUND TYPE. AGENCY FUND _ ACCOUNT GROUPS _ GENERAL GENERAL FIXED LONG-TERM ASSETS _ DEBT TOTAL (MEMORANDUM ONLY) 0 $ 0 0 0 0 0 758,216 0 0 562,127 0 1,284,080 0 431,383 0 870,070 0 12,152 0 758.8!6 0 0 $1,273,291 0 93,062 0 10,661 0 758,816 0 562,127 0 1,284,080 0 431,383 0 870,070 0 12,152 521,09_1 521.091_ $5.816.733 0 $ 0 $ 0 0 758,816 0 0 0 758.816 0 9,439 289,403 438,425 0 758,816 231.688_ 231,688. 0 521.09~1 1,438.36_8 0 3,159,812 0 3,159,812 0 0 0 18,626 0 0 0 931,193 0 0 0 268,734 0 _ 3,159.812 0 4.378,365. The accompanying notes are an integral part of these general purpose financial statements. -3- EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL G VERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, i996. 16G GOVERNMENTAL FUND TYPES. SPECIAL TOTAL GENERAL REVENUE (MEMORANDUM FUND ONLY) FUND _ Revenues: Ad valorem taxes Impact fees Interest Other Total Revenues Expenditures: Current Public safety: Personnel services Operating expenditures Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Operating Transfer Out Excess (Deficiency) of Revenues and Other Financing Sources (Uses) Over (Under) Expenditures Fund Balance, September 30, 1995 Residual Equity Transfers Fund Balance, September 30, 1996 $3,726,600 $ 0 $3,726,600 0 327,797 327,797 79,488 16,748 96,236 144,08~ _ 7,24q 151,32~ _3,950.177 351,78~ 4,301,96~ 3,432,130 0 3,432,130 350,884 8,499 359,383 37,207 55,357 92,564 98,752 0 98,752 18,60~ 0 18L609 63.856 4,001,438 _3,937.582 _ 12,595 287,929 300,524 (66.405) 0 (66.405) (53,810) 287,929 234,119 364,030 625,048 989,078 ('41.486) 18,216. (23,270) ~ ~ 931.193 ~ The accompanying notes are an integral part of these general purpose financial statements. -4- EAST NAPt-ES FIRE CONTROL AND RESCUE DISTRICT 'J. (3 G COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL- ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1996 BUDGET Revenues: Ad valorem taxes $3,669,666 Impact fees 0 Interest 43,000 .Other 119,586 Total Revenues 3,832,252 Expenditures: Current Public safety: Personr;i services Operating expenditures Capital outlay Debt service: Principal retirement Interest and fiscal charge Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Operating Transfer Out Excess (Deficiency) of Revenues and Other Financing Sources (Uses) Over (Under) Expenditures Fund Balance, September 30, 1995 Residual Equity Transfe,rs Fund Balance, September 30, 1996 GENERALFUND VARIANCE FAVORABLE ACTUAL (UNFAVORABLE) $3,726,600 $ 56,934 0 0 79,488 36,488 144,089 24,50~ 3,950,17~ 117,925 3,366,554 3,432,130 (65,576) 454,040 350,884 103,156 1,300 37,207 (35,90~ 272,200 98,752 173,448 12,100 18,60~ (6,509) 4,106,194 3,937,582 168,61g (273,942) 12,595 286,537 (60,740) (66,405) (5,665) (53,810) .,~ 364,030 (41,486) 21 16G 2 SPECIAL REVENUEFUND BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) 4,000 $ 0 $ (4,000) 150,000 327,797 177,797 21,000 16,748 (4,252) 0 7,240. 7,240 175,000 351,785 176,785 0 0 0 64,740 8,499 56,241 132,386 55,357 77,029 34,000 0 34,000 0 0 0 231,126 63,856 167,270 (56,126) 287,929 344,055 0 0 0 $ (56.126) 287,929 $ 344.055 625,048 18,216 $ 931.193 The accompanying notes are an integral part of these general purpose financi~ statements. -5o ; EAST NAPLES FIRE CONTROl. AND RESCUE DISTRICT ]- ~ G STATEMENT OF REVENUES, EXPENSES, AND CHANGE~ IN RI~TAINED EARNINGS-PROPRIETARY FUND TYPE FOR TilE Y~.R ENDED SEPTEMBER 30, 1996 Operating Revenues: Charges and fees Interest Income Total Operating Revenues Operating Expenses: Personnel services Materials and supplies Total Opelating Expenses Income (Loss) Before Operating Transfers Operating Transfers In Net Income (Loss) Retained Earnings-Unreserved, September 30, 1995 Residual Equity Transfer Retained Earnings-Unreserved, September 30. 1996 $ 99,369 68 99,43~ 93,056 77,430 170,486 (71,049) 66,405 (4,644) 0 23,270 18,626 The accompanying notes are an integral part of these general purpose financial statements. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF CASH FLOWS-PROPRIETARY FUND TYPE FOR THE YEAR ENDED SEPTEMBER 30, 1996. 16G Cash Flows from Operating Activities: Cash received from customers Cash received - interest income Cash payments for employees se,vices Cash payments for materials Increase in accounts receivables Increase in accounts payable Net Cash Used by Operating Activities Cash Flows from Non-Capital Financing Activities; Transfer from General Fund Net Cash provided from Non-Capital Financing Activities Net Change in Cash and Cash Equivalents Cash and Cash Equivalents, Beginning of Year Cash and Cash Equivalents, End of Year 99,369 68 (93,056) (77,430) (13,707) 2,249, (82,507~) 89,675 89,67~ 7,168 0 7.168 The accompanying notes are an integral part of these general purpose financial statements. '7- EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16G 2 NOTE 1 . REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reportin.q Entity EAST NAPLES FIRE CONTROL- AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier County, Florida, and is an independent special district authorized and existing under the laws of the State of Florida enabling statute chapter 61-2034. The District is operated by a three-person Board of Commissioners. The General, Special Revenue Internal Service and Fiduciary Funds and Account Groups include all of the operations and activities relevant to the District. In evaluating thl; District as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the District's general purpose financial statements, have been addressed. The basic criterion for including a component unit within the District's reporting entity is the exercise of oversight responsibility by the District's Board of Commissioners. Factors other than oversight which may significantly influence the entity relationships are Scope of Public Service and Special Financing Relationship. There were hr' entities that required inclusion as a component unit within the District's general purpose financial statements. Additionally, there were no entities, for which there were positive responses to specific criteria used for establishing oversight responsibility, that were excluded from the District's general purpose financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows: Manifestations of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to Significantly Influence Operations Accountability for Fiscal Matters: Budgetary Authority; Surplus/Deficit; Responsibility of Debt; Fiscal Management; and Revenue Characteristics Fund Accounting The accounts of the Distdct are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balance, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped in the accompanying general purpose financial statements, into three fund types and two account groups as follows: -8- EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Governmental Fund Types, General Fund The General Fund is the operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Fund The Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in response to the growth of the community within the District. In addition, this fund is used to account for hydrant fees required to be used to fund hydrant repairs and/or maintenance. Proprietary Fund Type Internal Service Fund The Internal Service Fund is used to account for the revenues and expenses associated with the repair and maintenance of govemmental service vehicles such as fire trucks, ambulances and general vehicles. The District provides repairs and maintenance service to the other Fire Districts in the area but does not offer maintenance and/or repair services to the general public. Service charges are based upon cost reimbursement. Fiduciary Fund Type Agency Fund The Agency Fund is custodial in nature (assets equal liabilities) and does not involve measurement of results of operations. The Agency Fund is a cleadng account for assets held by the District as an agent for individuals. The amounts reflected in the agency fund relate to the deferred compensation plan (Note 7). Account Groups General Fixed Assets Account Group The General Fixed Assets Account Group accounts for fixed assets used in the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. The District does not have any infrastructures. No depredation has been provided on general fixed assets. General Long-Term Debt Account Group The General Long-Term Debt Account Group accounts for long-term liabilities expected to be financed by the District. -9- EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1996 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued.) Basis of Accounting The General and Special Revenue Funds use the modified accrual basis of accounting. Revenues are recognized when they become measurable and available as net current assets. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current pedod. Revenues are recorded as received except for revenue susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, Distdct I funds, impact fees and interest. Expenditures are recorded when the liability is incurred, if measurable, except that: a) b) Disbursements for supplies inventory are considered expenditures at the time of purchase; Interest on long-term debt is not accrued, but recorded as an expenditure when paid. The Proprietary Fund Type (Internal Service Fund) is accounted for on an economic resources measurement focus using the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when the related liabilities are incurred. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in these general purpose financial statements for encumbrances. BudRetary Control Each fund's appropriated budget is prepared on a detailed line item basis. Revenues are budgeted by source. Expenditures are budgeted by department and classified as follows: personal services, operating expenditures, capital outlay, debt service and transfers. The District's budgetary legal level of control is at the fund level. Ail budget revisions at this level are subject to final review by the Board of Commissioners. Within these control levels, management may transfer appropriations without Commissioner's approval. Combined Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types The annual budget serves as the legal authorization for expenditures. Expenditures for the General Fund and Special Revenue Fund cannot legally exceed the total amount budgeted. Ail budget amendments which change the legally adopted total appropriation for the general fund and special revenue fund are approved by the Board of Commissioners. All appropriations lapse at year-end. -10- EAST NAPLES FIRE CONTRQL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1996 16G NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Combined Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - Ail Governmental Fund Type (Continued) The District prepares budgets to account for activities of the General Fund and Special Revenue Fund. The budget column is prepared from the District's adopted annual budgets as amended duri;3g the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a basis of accounting consistent with generally accepted accounting principles. Property Tax Calendar The property tax calendar is composed of the following dates: 1. Lien date - 3rd week in May 2. Levy date July 1 3. Due date - March 31 4. Collection dates November through March Investments Investments are stated at cost, which approximates market value. Florida Statutes allow the District to invest surplus funds in: a) the State operated Local Government Surplus Funds Trust Fund; b) securities guaranteed by the U.S. Government or agencies of the U.S. Government; or c) interest bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State, provided collateral requirements are met. Compensated Absences Sick time does accumulate for employees of the District. Accrued sick time in excess of 10 days or 5 shifts can be paid to the employees in cash on October 1 of each fiscal year if they desire. Payment of 100% for accumulated earned sick leave is required to be made to the employee upon termination of employment or to the estate of the deceased, in the event of an employee's death. The elected amount of sick time to be paid on October 1, 1996 totaling $54,748 has been included in accrued liabilities of the general fund. The remaining amount of accumulated sick leave has been reflected in the general long-term debt account group. Accrued vacation accumulates for all employees to a maximum of two years worth of vacation time. Each employee earns vacation time at a different rate based on years of service. Accrued vacation is reflected in the general long-term debt account group since the liability is not expected to be expended within the next year. -11 - EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16G NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Total Column on the Combined Balance Sheet and the Combined Statement of Revenues, Expenditures and Changes in Fund Balances The total column on each Combined General Purpose Financial Statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position and the results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. Taxes and Fees Receivable No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. Risk Manaclement It is the policy of the District to purchase commercial insurance for the risks of losses to which it is exposed. The District's dsk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current year. Statement of Cash Flows For purposes of the statements of cash flows, the District considers all highly liquid investments (including restricted assets) with a matudty of three months or less when purchased to be cash equivalents. NOTE 2 - CASH AND CASH EClUIVALENTS The cash and cash equivalents at September 30, 1996 consisted of the following: Cash on hand Checking and money market accounts Certificate of deposit $ 700 672,591 600,000 ~1.273.291 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Flodda Statutes. -12- EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996. 16G NOTE 3 - CHANGES IN GENERAL FIXED ASSETS ACCOUNT GROUP A summary of changes in General Fixed Assets Account Group for the year ended September 30, 1996 is as follows: Balances Balances September 30, September 30, t995 .Additions Deletions 1996 Land $ 562,127 $ 0 $ 0 ~ 562,127 Buildings and improvements 1,284,080 0 0 1,284,080 Equipment 382,254 57,236 (8,107) 431,383 Vehicles and trucks 1,167,756 35,328 (333,014) 870,070 Office furniture and fixtures 14.444 O (2,292) 12,152. ~ ~ 92.564 .~ (343,413) .$3,159.812 Included in vehicles and trucks is a capital lease recorded at a valued of $133,240 as of September 30, !995 (See Note 5). NOTE 4 - ACCRUED LIABILITIES Accrued Liabilities at September 30, 1996 consisted of the following: Accrued retirement payable Accrued sick time payable Accrued wages Accrued payroll taxes payable $ 43,582 54,748 43,111 7,48~ $ 148,9~9 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP A summary of changes in General Long-Term Debt Account Group for the year ended September 30, 1996 is as follows: Balances Balances September 30, September 30, 1995 Additions Payments 1996 Compensated absences $ 264,439 $ 24,964 $ 0 $ 289,403 Promissory note payable to a bank, interest payable monthly at 70% of the prime lending rate (5.75% at September 30, 1996), due on November 14, 1996. This note is unsecured. 197,200 0 (75,000) 122,200 Capitalized lease @ 5.75%, principal and interest due annually, secured by rescue pumper truck, maturing October 2000. 133,240 0 (23,75~) 109,48~ ~4.879 .~ ~ ~ -13- c0 + . scu NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS ~" sEPTEmBER 30, i996. 16G NOTE 5 - GENE .P~J~L LONG-TERM DEBT ACCOUNT GROUP Following is a schedule of the present value of net future minimum payment on the District's capital lease as of September 30, 1996: Year Ended September 30~ 1997 $ 31,420 1998 31,420 1999 31,420 31,420. 2000 125,680 Less: Amount representing interest (16,192) Present value of net minimum lease payment ~ NOTE 6 - PENSION PLAN OBLIGATIONS.. Ail full-time District employees are participants in the Florida Retirement System (System), a defined benefit, nonconb'ibutory, multiple-employer retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Retirement. The plan covers over 684,000 past and current employees of various governmental units within the State of Florida. The System provides for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of service. Early retirement is available after 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years-of-service credit, where average compensation is computed as the average of an individual's five highest years of earnings. Participating employer contributions are based upon state-wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees - 17.75% and special risk employees - 27.62%. As of January 1, 1996, rates changed to 17.66% (regular) and 27.10% (special risk). The funding policy provides for monthly employer contributions at actuarially determined rates that are determined using the entry age actuarial funding method. The District's contribution to the plan for the year ended September 30, 1996 was $571,469 and was paid by the due date for the contribution. This represents 25.01% of the District's covered payroll of $2,285,176 which is the same as the total payroll. The pension benefit obligation for the system as a whole, determined through an actuarial valuation was $47.3 billion at June 30, 1995, the date of the most recent actuarial report. The report.also indicates that the System had total net assets of approximately $45.2 billion at that date resulting in an unfunded pension obligation of $2.1 billion. The total unfunded pension liability is being amortized over varying periods not to exceed 30 years. The pension benefit obligation is a s;.~.ndardized disclosure measure of the present value of plan benefits, adjusted for the effects of projected salary increases and step-rate benefits estimated to be payable in the future as a result of employee service to date. - 14 - EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16G NOTE 6 - PENSION PLAN OBLIGATIONS (Continued) A variety of significant actuarial-assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a) a rate of return on the investment of present and future assets of 8% per year compounded annually; b) projected salary increases of 5.5% per year compounded annually, attributable to inflation; c) additional projected salary increases of 2% per year attributable to senority/merit; and d) a post-retirement benefit increase of 3% per year. The measure is intended to help users assess the System's funding status on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among retirement systems and among employers. The System does not make separate measure of assets and pension benefit obligations for individual employers. Significant assumptions used to compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation. Ten-year historical trend information showing the System's progress in accumulating sufficient assets to pay benefits when due and other pertinent factors are presented in the System's June 30, 1995 Comprehensive Annual Financial Report. NOTE 7 - DEFERRED COMPENSATION PLAN The District offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all District employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees or their estate until termination, retirement, death, or unforeseeable emergency. All amounts of compensation deferred under the plan, all property and dghts purchased with those amounts, and all income attributable to those amounts, property, or rights are (until paid or made available to the employee or other beneficiary) solely the property and dghts of the Distdct (without being restricted to the provisions of benefits under the plan), subject only to the claims of the District's general creditors. Participant's rights under the plan are equal to those of general creditors of the District in an amount equal to the fair market value of the deferred account for each participant. Assets of the deferred compensation plan are recorded at fair market value and are accounted for in an agency fund. It is the opinion of the District that there is no liability for losses under the plan but they must exercise due care as would be expected of an ordinary prudent investor. The District believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. -15- 16G 2_ PART II. SUPPLEMENTAL INFORMATION EAST NAPLES FIRE CONTROL, AND RESCUE DISTRICT 1. SCHEDULE OF PERSONAL SERVICES AND OPERATING EXPENDITURES GOVERNMENTAL FUND TYPES - BUDGET AND ACTUAL - FOR THE YF..~R ENDED SEPTEMBER 30, 1996. BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) Personal Services: Salaries Retirement Payroll taxes Insurance Operating Expenditures: Legal and pr;~fessional expenditures Dues and subscriptions Communication expenditures Contract services Current charges Utilities Operating supplies Insurance, general Rent and leasing Repairs and maintenance Office supplies Other expenditures Uniforms $2,211,339 $2,285,176 577,012 571,469 177,830 173,805 400,373 401,680 ~3.366.554 $3.432.130 24,800 $ 16,575 37,535 14,751 9,000 9,957 131,100 132,003 6,000 9,002 22,000 23,839 51,115 61,195 46,000 39,155 1,740 942 165,890 28,516 5,000 5,100 4,600 5,248 14,000 13,100 ~18.780 $ 359.383 73,837 (5,543) (4,025) 1,307. 65.576 8,225 22,784 (957) (903) (3,002) (1,839) (lO,O8O) 6,845 798 137,374 (lO0) (648) 90O 159.397 -16- PART Ill. OTHER REPORTS INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS July 24, 1997 Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audited the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, Florida, as of and for the year ended September 30, 1996, and have issued our report thereon dated July 24, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of matedal misstatements. The management of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, Florida, is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded propedy 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 not be detected. Also, projection of any evaluation of the structure to future pedods is subject to the dsk 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. -17- East Naples Fire Control and Rescue District July 24, 1997 Page 2 In planning and performing our audit of the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, Florida, for the year ended September 30, 1996, we obtained an understanding 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. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. The following are reportable conditions: Cash Disbursements Dudng our testing of disbursements, we noted several instances wherein the Distdct was not in compliance with its established disbursement procedures. Therefore, we recommend that all checks be properly supported by approved purchase orders and all checks have two signatures. Fixed Assets Dudng our testing of fixed assets, we determined that discrepancies existed between the current capital outlay accounts in the general ledger and the capital outlay acquisitions added to the physical fixed asset listing. Presently, there is no reconciliation of the capital outlay accounts to the capital outlay acquisitions added to the physical fixed asset listing. Consequently, the general fixed asset account group is not propedy supported by the physical fixed asset listing. Therefore, we recommend that the general ledger capital outlay account be reconciled to the physical fixed asset listing on a monthly basis. Payroll Tax Returns During our testing of payroll, we noted the District's quarterly 941 tax returns were not being reconciled to the general ledger. As a means to ensure the general ledger is properly stated, we recommend that the District reconcile each quarterly payroll tax return to the general ledger on a timely basis. A matedal weakness is a reportable condition in which the design or operation of one or more of the intemal control structure elements does not reduce to a relatively Iow level the dsk that errors or irregularities in amounts that would be matedal in relation to the general purpose financial statements being audited may occur and not be detected within a timely pedod by employees in the normal course of performing their assigned functions. -18- East Naples Fire Control and Rescue District July 24, 1997 Page 3 Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions, and accordingly, would not necessarily disclose all reportable conditions that are also considered to be matedal weaknesses as defined above. However, we believe none of the reportable conditions described above is a matedal weakness. We noted other matters involving the internal control structure and its operation that we have reported to management of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, Flodda, in a separate letter dated July 24, 1997. 2 This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants -19- INDEPENDENT AUDITORS COMPLIANCE REPORT BASED O~Ubl~,yo,, OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS July 24, 1997 Board of Commis:jioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Flodda We have audited the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30, 1996 and have issued our report thereon dated July 24, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of matedal misstatement. Compliance with laws, regulations, contracts, and grants 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 matedal misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our test disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. We noted certain immaterial instances of noncompliance that we have reported to the management of East Naples Fire Control and Rescue Distdct in a separate letter dated July 24, 1997. - 20 - East Naples Fire Control and Rescue District July 24, 1997 Page 2 This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. 16G WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants - 21 - July 24, 1997 Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Naples, FL 33962 Commissioners; This letter is in regard to the independent auditor's report on internal control and is prepared in accordance with tl~e Rules of the Auditor General Chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Flodda Statutes, will be amended subsequent to the issuance of the audited general purpose financial statements. The District will prepare the amended financial report and it will be in agreement with the annual financial audit report for the pedod ending September 30, 1996. The following comments and recommendations are on those areas, which, in our opinion, need improv6ment, but are not matedal in relation to the District's general purpose financial statements. The following matters relate to the current and prior year recommendations: I. CURRENT YEAR RECOMMENDATIONS: Extension of Credit Dudng the course of the audit, we noted an instance where a Commissioner of the Fire District utilized the credit card of the District for personal use. The purchase was propedy reimbursed, however, the act did not serve a public purpose. The District has adopted and implemented a policy prohibiting this practice. Cash Disbursements Dudng our testing of disbursements, we noted several instances wherein the Distdct was not in compliance with its established disbursement procedures. Therefore, we recommend that all checks be propedy supported by approved purchase orders and all checks have two signatures. Revenue Lo.q Dudng our reconciliation of revenues, we noted the Distdct maintains a revenue log for all cash receipts received dudng the year. To strengthen the overall internal accounting control procedures surrounding cash receipts, we recommend that the District reconcile the revenue log to the general ledger on a monthly basis instead of a periodical basis. - 22 - Board of Commissioners East Naples Fire Control and Rescue Distdct July 24, 1997 Page 2 16G I. CURRENT YEAR RECOMMENDATIONS {Continued); Payroll Tax Returns During our testing of payroll, we noted the District's quarterly 941 tax returns were not being reconciled to the general ledger. As a means to ensure the general ledger is propedy stated, we recommend that the Distdct reconcile each quarterly payroll tax returns to the general ledger on a timely basis. Payroll Files Dudng our review of selected employee payroll files, we identified certain files without current performance evaluations (most recent were 1995) and lacked adequate support to substantiate current salary levels. We recommend that all employee files be reviewed to ensure all required documentation is maintained and intact. In addition, the District should utilized and establish a standardized employee payroll file checklist to help ensure the employee payroll file stays current with pertinent data. I1. PRIORYEAR RECOMMENDATIONS: Fixed Assets During our testing of fixed assets, we determined that discrepancies existed between the current capital outlay accounts in the general ledger and the general ledger capital outlay acquisitions added to the physical fixed asset listing. Presently, there is no reconciliation of the capital outlay accounts to the capital outlay acquisitions added to the physical fixed asset listing. Consequently, the general fixed asset account group is not properly supported by the physical fixed asset listing. Therefore, we recommend that the general ledger capital outlay account be reconciled to the physical fixed asset listing on a monthly basis. III. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, as of September 30, 1996 and the year then ended, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.550. IV. STATUS OF PRIOR YEAR RECOMMENDATIONS,: Management represents that they have taken necessary action to implement the retirement recommendation contained in prior year's management letter. During our current year's audit, nothing came to our attention indicating otherwise. The District is presently in the process of implementing all of the remaining prior year's recommendations. - 23 - Board of Commissioners East Naples Fire Control and Rescue District July 24, 1997 Page 2 16G 2t This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during our engagement. Should you have any further questions as to this letter, please feel free to call us. Very truly yours, , BERRY & ALVAREZ, P.A. Certified Public Accountants - 24 - L. Moger, P.A. Land Development 8 Manaflement Consultant Date: Memorandum To: August 26, 1997 10300 Northtvest Eleventh Manos Coral Springs, Florida 33071 R ~ O EI~'sy°3s° 0Cl 3 I 1997 Clerk of the Circuit Court- Financ~f County Commissio,ers c/o Timothy J. Gillett 2671 Ail'por~ Road, Court Plaza III P.O. Bo~ 413016 Naples, Florida 34112-3016 Reference: From: Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tomiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Min~U~ 6fMeetlng held june 25, 1997 Gary L. Moyer Manager Enclosed for your records is a copy .of the minutes of meeting held by the Board of Supervisors of Fiddler's 'Creek community Development District as referenced above. GLM/nk Enc. RECEI2!ED Copies To: 166 2 Larry Mullins Arthur Woodward paul Riegelhaupt Grady Minor COM~--~ of Fiddler's Creek - _~ ~f Supervisors - -^~ ~t 10:10 . ~ -elo~men~ ~--- , · _ ~n01 T~~ ~M. a~ ~e No.em ~ ~ . , .Present ~d construct a quo~ were: Chairman ' ~sis~nt Se~e~ ~s~nt S~e~ ~sis~nt Secre~ Also present were: Assistant District Manager James Ward Attorney Engineer Communities Tony Pixes Terry Cole Gulf Bay Mark Strain Roll Call - DEgOFB~ · to order and stated the record will reflect ~r.~Mullins called the meeting exception of Mr. Olson. that all SuperVisors are present with the Appr??l...of the Minutes of the May 2~, sEcoND oItDER OF Mr. Mullins stated that each Supervisor had received a copy of the minutes of the May 28, 1997 meeting and requested any additions, corrections or deletions. Mr. Cole stated I have a couple of corrections. On page 12, in the second _ , _ _,__~,, Down below that, the last next to last sentence, it says, paragraph:, _ ...... 'd say "Fiddler's cre.e.~ [~:~;~ks about providing ,so parkway ....~t snu~ "~r Cole stated anu ~: . ,,r~,, the Manager s r~.~ , few paragraphs, plans, that was ~ar. ~,- to the that is also Mr. Strain. Mr. Mullins asked are there any other additions or corrections minute s? Mr. Minor ztate& on page ~1, the last paragraph, about that. 16g June 25, 199'/ Mr. Mullins stated yes, that is correct. If there are no further additions, may I have a motion for the approval of the minutes of the meeting of May 28th. ~ Valorem Mr. ward stated my understonding is we have finally sent to all of you a copy of tha stondard form agreement that we u~e here in Collier County between a CommunitY Development District and the Property Appraiser and Tax Collector of this county relative to the collection of your non ad valorem assessments. Let me go through witlx you for one minute the process in which you utilize these two constitutional offices for the purpose of the collection of your assessmentS. A number of years ago, Chapter 19'/ was changed and that is the statute which conLrols how you actuallY get; onte the tax rolls. That statute provided what is commOnlY referred to as the Uniform Method of Collection of Assessments and that means that any governmental agency in this state can utilize the constitutional offices of the Property Appraiser and the Tax Collector of any county in this state for the purposes of collecting any kind of a tax, fee, assessment, etc. that the governmental agency may impose on its constituency on a yearly basis. The statute is relatively clear. If you are levying an ad valorem tax per se, for example if a city does that, you don't necessarily use the Uniform Method. If you levy what we call a non ad valorem assessment, and that is what you levy here at Fiddler's Creek, and that is an assessment that is not based on the value of your property but it has some other basis in fact and in law, and that is essentiallY called a non ad valorem assessment. You go through a procedure which you did in November and December of last year indicating that you are going to utilize the Uniform Method of Collection for the purpose of collecting your assessments. You notify the Property Appraiser and Tax Collector by January 10th and you also notify the Department of Revenue of the State of Florida that that is going to happen also. Some time subsequent to that date and prior to your actuallY needing to be on the tax rolls, you are required to go through and negotiate an agreement with the County's Tax Collector and PropertY Appraiser that will allow him to do that and for that he gets a fee. Whatever the fee may be June 25, 1997 relative to the collection of that, generally it is either three percent and two percent or two pe' ~'ent and one percent. One goes to one office and one goes to the other office and I don't recall which is which but it is generally in that realm of percentage of the amount assessed and that means that if you are going to levy $1,000.00, you would pay an additional five percent to the Property Appraiser and Tax Collector to cover their costs for placing that on the roll, collecting it from the individual and then remitting those funds back to you. That is a statutory fee that is provided for. The statute also allows and provides that the Property Appraiser and Tax Collector can also charge you more than those amounts that I outlined for you if you can show that his costs of collection are higher than the standard fee arrangement amounts. Collier County, both the Property Appraiser and Tax Collector collect the standard amounts and they don't go over those _amounts that I referenced for you so you normally have that process. What normally happens is that during your Budget hearing process, you will make a determination as to whether or not you want to utilize the Property Appraiser and Tax Collector and put the amount of money you need to operate your District or that you will need to pay debt service on your outstanding bonds on the tax rolls and, assuming you make the decision to do that, we calculate into your Budget an amount for the Property Appraiser and the Tax Collector that goes on the rolls and what we call a Revenue Reserve and I will tell you about that later. Then what we normally do at sometime during the summer, is get from the Property Appraiser's Office on an electronic compatible medium, computer disk, etc. the tax roll for Fiddler's Creek and it will come to us in a form that has the folio number, the owner's nome and address, the acreage associated with the folio number, etc. We take that tax roll and by virtue of what you did in the adoption of your Budget process, we will spread those assessments across all of the folios that are within Fiddler's Creek and which benefit from the improvements that are provided to the community by virtue of those assessments. We put that on this computer electronic medium and we transmit that medium back to the Tax Collector's Office. The Tax Collector's job is to take the real estate tax roils that he gets from the Property Appraiser, to take the roll that we sent him on our computer disk and merge those two rolls into one real estate tax roll of Collier County. That merged roll then is the basis for the Tax Collector to actually prepare and send the bills out to all residents generally in late October or early November and then you pay them and that is the basis for them remitting those funds to you. Statutorily, in terms of the time schedules, the agreements generally provide some specific dates in which you must actually 3 June ~5, 1997 ~, 6 '.~ 2 comply with those tax rolls. In Collier County, however, those dates are not partkularly significant because the Property Appraiser literall), m~kes changes to the tax rolls up and through the first week of October so when we transmit an initial roll to him, it gets changed based upon his changes to the Property Appraiser's roll, so as late as the first week of[ October, we are still making changes to the rolls based upon the Property Appraiser's updates and then we do a final transmittal. Usually it happens within hours o£ the final tr~msrnittal of the Property Appraiser's rolls to the Tax Collector. We have to modi[y our rolls and retransmit to them. The dates that you see in the agreement are not particularly significant, they comport with the statutory requirements o£ dates that you must comply with but in this county it doesn't matter a lot because neither the Appraiser nor the Collector require us to hold to those dates because of' changes 'r~, rolls that they are m~ldng. If' you go back even further than that, they are supposed to provide it to you on electronic medit~m by June 1st of. each year. That is their deadline for getting it to us and then we have until August 30th by agreement and by our statute to return it to them on medium but because of. their changes, they transcend the June 1 date and then we end up transcending that August 31st date so they are not particularly significant dates. That is the normal process that you go through. The agreement merely codifies the statutory requirements relative to the collection of' these assessments themselves. You will have the option as I indicated to you back in November and December of' utilizing the Property Appraiser and Tax Collector. This merely finishes the legal framework for putting that process in place but it does not bind you to the use of the Property Appraiser and Tax Collector for this year or any subsequent year. Mr. Riegelhaupt stated I would like to ask one question. In Collier County, as you indicated, we get our tax bill in October and there is a reduction month by month depending on when you pay. Will the same be true for Fiddler's Creek taxes? Mr. Ward replied yes, they are payable the same time, place, manner and are subject to the s~rne discount. Mr. Riegelhaupt stated the Revenue Collector gets his percentage based upon the amount remitted or upon the amount set? Mr. Ward replied the amount assessed. Mr. Riegelhaupt stated which is the April amount. Mr. Ward stated yes, it would be the April amount. 4 Mr. Riegelhaupt stated so if they pay in November, they don't get five percent of the November, they still get five percent of the assessed amount which is the April amount. Mr. Ward stated yes. Mr. Strain asked are we making progress with Tony DeNardo on the tax folio overlays? Mr. Ward replied yes. Once we get past this agreement, that is a Budget issue and I will tell the Board What'we had discussed with respect to that. Are there any other questions on the agreement itself?. Mr. Minor stated on page 4, item 3, it talks about the Tax Collector being compensated at two percent. The next page item 4, it talks about the Property Appraiser being paid for his costs and then he gets a dollar per benefit unit. You started off by saying this is common language and you mentioned a percentage but this is not a percentage. Mr. Ward stated that is true but both the Property Appraiser and Tax Collector have the ability to charge it as a percentage. In this particular county, that is the way they do it. The statute allows them to do it either on a benefit unit or as a percentage and in Collier County they do it as a percentage. Now that I see the two percent on the Collector, it is one percent on the Appraiser. Mr. Minor asked are we going to change that to one percent? Mr. Ward replied not in the agreement itself because the agreement is provided by statute so it just happens as a matter of course in addition to that. Mr. Minor stated since it is standard language, you are telling me you have looked at it and you are comfortable with it. Mr. Pires stated yes I had some comments on some minor scrivener's issues and some typographical errors and I submitted that to John Petty and to Mr. Ward. Mr. Mullins st.~ted relative to the conversation that has taken place in the County where they want to have an interim fee between the time that you have the assessment which is January 1 and the time that you can collect, are we going to get into that? Mr. Wa:'d replied no, since the way that you levy a non ad valorem assessment almost accomplishes the same feat as an interim service fee that a county or a city would levy. An interim service fee is useful when you are doing an ad valorem tax but the difference is that if the benefit unit, the home, is not there at that particular point, then generally what you will see in a county or a 5 ~,~, ,.~ c~a~ an interim service fee becomes effective at the time of the Certificate of Occupancy and it reflects what they would have paid from the date of the Certificate of Occupancy throL~gh November of that ensuing year for what the County is losing in ad valorem tax revenue and whatever non ad valorem assessments that are on a bill by virtue of the fact that it was a developed unit at that point. If it is there and it is benefiting from the improvement irrespective of whether the house is built or not, we assess it. Mr. Riegelhaupt stated on page 2 of 9, there is a paragraph which states, "WHER~,,AS, the use of the uniform non-ad valorem assessment methodology is more fair, more efficient and more accountable than the other alternatives available; and". That just seems to be thrown in there and has nothing to do with anything. Mr. Pires stated I think it does. Mr. Ward's office generates rolls and sends out the billings and sends out the notices for the collection and for payment and I think that is one aspect of it. Mr. Ward stated the constitutional officers are asking you to opine that the use of the non-ad valorem assessment methodology is a fair way in which to levy their assessment. It is a constitutional question that they ask you and you are opining that that is Mr. Riegelhau.~)t stated on page 3, the third paragraph, it says, "WHEREAS, the District wants the Property Appraiser to serve as agent of the District specifically to list.." and then the next word ~extend" bothers me. I am not sure what it means. Mr. Ward stated that means that we want the Property Appraiser to provide us a list of the properties within Fiddler's Creek which encompasses the information that I referenced before, the folio number, name, address, acreage, etc. Then we want him to take the amount of the assessments that we have in Fiddler's Creek and extend that on the roll. That means take that amount o£ money and actually put it on an individual's tax folio number. That is what "extend" means. Are there any other comments? Mr. Mullins asked are there any other comments? I will entertain a motion to approve the 'Interlocal Agreement with the Collier County Tax Collector and Property Appraiser. Mr. Ward stated that is a motion to approve the agreement in substantially the same form as what is in your agenda package subject to any minor grammatical changes that your attorney may have. 16G 2. June 25, 1997 y Mr. Minor with all in favor the Interlocal Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments was approved Subject to any minor changes the District FIFTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Pires stated I have been working with the Developer on various issues and the District's Engineer on matters involving plat language and some other issues. The last time we met, the Board wanted to see a list of all of the contracts which are the same contracts which were the basis of an assignment agreement This is a two-vol-me set that has the assignments from the Developer to the District of various contracts involved with the current construction activities that the District has funded and is funding and being managed by the Developer ~mder the Construction Management Agreement. I don't know if you want individual separate sets to take home or not. Mr. Riegelhaupt stated let me see if ! can paraphrase the Board's interest in this. I think the Board would lake to. have an up-to-date m~mmary list of these contracts, who they are with, their value, perhaps a date when they started and expected completion. I don't think the Board, in my opinion, wants to go through each individual con~act. Mr. Pires stated they are public records, they are in the office should anyone want to see them. Mr. Mullins stated besides the contracts with short-term te~iuations, you have the Engineer's contract. Mr. Pires stated Guym~nu Construction is a long-term contract for the infrastructure. Mr. Mullins stated those may not appear on there. Mr. that has a Mr. comments Mr. Pires stated every single dollar that is paid by the C.D.D. to an entity contract, I have a contract for one of those. Mullins asked are there any other questions? Are there any other by the Attorney? Pires replied no. 7 16G 2 June 25, 1997 Mr. Cole stated I quickly prepared a color coded list. I was going to bring up today where we are and where we have been. Phase lA is the area indicated. There has been a recorded plat, it has been accepted and constructed up past the guardhouse. Phase lB was Fiddler's Creek Parkway to the point shown, Championship Drive to the point indicated, and Marriott Club Drive as shown. That was approved as one large project. It now has been split into three units because of the timing involved in getting construction acceptance done in order to allow development of residential plots. Phase lB, Unit 1 consists of from lA to the intersection with the Parkway and Mulberry Lane, and Pepper Tree and Bent Creek Village are shown and also Whisper Trace which is a condominium. Those are not C.D.D. developments but the main infrastructure on the Parkway supports those residential pods. This has been 98% constructed and the plat has been recorded and we will be going in for preliminary acceptance in the near future. Phase lB, Unit 2 consists of Mulberry Lane from Fiddler's Creek Parkway up to Chompionship Drive and that was just accepted for recording yesterday by the Board of County Commissioners and we will recording that plat in the near future also. In the future, we will be working on recording Unit 3 which is going to be the remainder of what is left in the original Phase lB project. Mr. Strain stated the pink areas you see were recently paved. They have received the first coat of asphalt and will stay that way for probably a year or more. The area we are working on now is where we are going to get the tunnels done and they should be done by the first part of August providing the rains don't stop us. Once those tunnels are done, Championship Drive gets blocked oft and we work on the third tunnel and we work on relocating Championship Drive. The people going to the golf course will come into the main entrance and cut through the tunnels. Mr. Mullins asked did the golfers all agree to do that? Mr. Strain replied yes they did which is a big plus for the cost of the job. That is how we figured the job so we have had amiable resolutions to all of our problems and that has mutually worked out well. Mr. Pires stated the tunnels are golf cart underpasses and the road goes over them? Mr. Strain replied yes. Mr. Pires stated you mentioned that these residential developments were non-C.D.D, but isn't there storm sewer in there? 8 June 25, 1997 Mr. Cole replied the infrastructure such as storm sewers and the lakes and the perimeter berms are C.D.D. but the individual sanitary sewers and water lines and irrigation lines within those pods are non-C.D.D, because they benefit only that particular pod and the road itself belongs to the homeowners association. Mr. Ward stated I om not sure, and maybe because I wasn't aware of this, but with the Board's permission before we make any representations to you on the record that something isn't a C.D.D. issue, i need to have some discussions with Mr. Cole with respect to what he means by that. The prior comments I _~rn not so sure are necessarily correct but I need to go over that with him and then we will have something back to you for your next Board meeting. Mr. Mullins stated for the next Board meeting, you are going to have a fuscia marking on there that would indicate everything that is under the C.D.D. auspices. I think that would be helpful not only construction but to make sure that we see what areas, what roads, what elements are subject to the C.D.D. control. Mr. Cole stated I will do that in coordination with Mr. Ward. Mr. Pires stated there must be a Master Association for all of Fiddler's Creek and all of these individuals will be members and there will be a master set of covenants that will be imposed on the parcels and then each village or each condominium association will have its own village association, homeowners association or condominium association. Mr. Minor stated what you are going to tell us next time is what is their responsibility s, nd what is ours. Mr. Pires stated yes. Mr. Mullins stated could you please tell us when a person goes in there as a sales prospect, what percentage is represented to them as being the probable cost of the C.D.D.? Mr. Strain replied it is exact. Each different marketing product has a different rate in the C.D.D. I just finished doing Mulberry Row which are the highest ones in the project, Single Family Estate, and it is $1,200.00 annually against principal and debt service and $660.00 annually against operating costs and that is fixed for those homeowners. The $660.00 remains the same for every homeowner so far but the difference, the $1,200.00, is higher for Estate homes because they are a higher value and it is less for the condominiums so I don't 9 June 25, 1997 remember what they are. I think $850.00 may be the least or $650.00 for the Whisper Trace condos. Mr. Mullins asked is it $1,200.00 and $600.00? Mr. Strain replied yes, combined so if you buy an Estate home at Fiddler's Creek, you are told in your disclosure statement that the annual C.D.D. fees are $1,86o.oo. Mr. Minor stated that $1,200.00 goes away some day, is that correct? Mr. Strain stated yes. Mr. Minor stated but the maintenance fee continues. Mr. Ward stated for your information the maintenance fee and that smount will be dependent upon what your deliberations hold at your public hearing relative to the adoption of your operating Budget so I don't think it will be any higher than that but it may be less than that and it will change each year depending upon what you do. Mr. Strain stated the way that has been set is that is a competitive value that can be applied for a unit of that type. That doesn't cover the full bond cost; the difference is made up in a buydown at the time of closing between the Developer and the C.D.D. Mr. Ward stated yes. Mr. Strain stated the homeowners are not ~king the full brunt of the cost of the C.D.D. A sizable portion of it is covered by the Developer, even the principal. Mr. Mullins stated I noticed that at Naples Heritage at closing they are paying down the full amount of not the maintenance fees but the capital fees. Mr. Mir, or asked the reason for the Developer buydown at the end, is it just economics? Mr. Strain responded yes, it is not competitive if you allow it to be charged against the homeowner. We have compared all of the communities and that is how we came to the valuation. Mr. Woodward asked how are the sales going? Mr. Strain stated good, we are exceeding our projections so far. Mr. Riegelhaupt stated for my own understanding, the individual streets in each pod now generate another' fee. Mr. Ward stated there are a n~rnber of different ways in which to handle the issue in teL'ms of these individual subdivisions. I will give you the range of things that can happen, the number of ways that you can handle a project like this in terms of its operation and I will also tell you up front that I don't think the decision has been made by the Developer on what the recommendation will be to you. Generally, you will have a Community Development District which is responsible. It was created for the purpose of managing and financing that large community-wide infrastructure and that is what is going on here in Fiddler's Creek. Beyond that, you will have a Master Association that covers the whole project. At the very basic level, its primary responsibility is to enforce deed restrictions that the Developer places over that property and to take on whatever other maintenance responsibilities that are required for the community. The C.D.D. has the ability also to ass;,me those maintenance responsibilities that can also be handled by the Master Homeowners Association in some respects other than the deed restriction issue. Similarly, you may have within the community private subdivisions, what Mr. Strain is going to call villages. In those private villages where those facilities just benefit that village, they will have a little association which does their maintenance and then they will be assessed for that. Those are the gamuts of the organization that you have. The options are as follows: One is the C.D.D. can do all of the maintenance activities within the community both the Master Association and the village association work and assess the communities' residents for the operations of all of the kinds of infrastructure. It is easy to do that. The C.D.D. can also enter into an agreement with the Master Homeowners Association that transfers its operating responsibility over to the Master HOA. They can do whatever it is they want with respect to the maintenance responsibilities of the C.D.D. and the District doesn't have to get inw~lved in it; and thirdly, the Master HOA can do its thing, the village associations can then separately do their own thing with respect to maintenance operations and the C.D.D. can layer in over top of that with respect to what it needs to do with its capital requirements or such other master facilities or you can do combinations of those things so you can have the C.D.D. in the process, the Master HOA out of it and then the village associations in the process. There are a number of combinations with respect to all of these particular issues. I don't think at this point anybody has gotten through all of those processes because I don't think there are going to be any residents in Fiddler's Creek for a number of months yet and as a result of that, how you deal with all of those things is not decided. That will get decided at least as it relates to your Operating Budget protocol by the time you have your public hearing. I have had some preliminary discussions with Mr. Strain and other representatives of Gulf Bay on how to do 11 June 25, 1997 that. We have not completed those discussions yet so that will come back to you as part o£ your public hearing next month. Mr. Riegelhaupt stated let me see if' I ¢~rt voice what my concern is. From my own experience on large projects, the first thing you do on a large project is write a fairly detailed description of' what is entailed in the project. The next thing you do is develop a preliminary budget for that project as it applies to what you just wrote and in the C.D.D., it would seem to me that at some period of time within the next year, there ought to be a fairly detailed description of what is anticipated, and I have no experience with C.D.D.'s so I don't know how they do it, but there ought to be what I call a project description applicable to the C.D.D. What does the C.D.D. truly cover and what doesn't it cover? I recognize this is not going to happen tomorrow morning because of' all these uncertainties that you brought up but eventually, I would hope by the time the next year's budget rolls around and there are people living here if somebody asks that question because eventually we are going to have people sitting here listening to us, that we will have something. Mr. Ward stated what you will find in the early years of' a community, and Fiddler's Creek fits intn the mold of' what normally goes on, is that changes will occur frequently on a yearly basis as the needs of. a community change. What a C.D.D. does is provide you with the most appropriate mechanism to allow those changes to occur on a yearly basis as the community grows and changes. The description you are absolutely correct in what you indicated. You will write a description today that will cover you for the next six or nine months. That will get changed, it may get changed during that six or nine month period and nine months from now, you will change it again and go on for the next year and that keeps changing every year based upon the community's needs and desires. You are absolutely right, that is exactly what will happen but it tends to be a moving target in the early years because you are con=~,antly c,hanging to meet the needs of that community. Mr. Riegelhaupt stated what I would be concerned about is if someone in the audience asked what are we spending our money on in the C.D.D., I would like to be able to say read this document and this will tell you as of the given date of the document this is what you are spending your money on. Mr. Ward stated you will have that as you get into your operating mode. I am not sure you will get it at Budget time but I will have a general Business plan, a framework of the total dollars that you are going to spend and then as you start to more specifically define those total dollars you will get that each year. Mr. Riegelhaupt stated I would expect that within a year by the following year's Budget meeting that something would be available. Mr. Mullins asked when are the Budget hearings? Mr. Ward replied it is July 30th at ten o'clock here. Mr. Woodward stated I will not be here the 30th of July. Mr. Mullins stated nor will I. Mr. Ward stated we will have to make sure that Mr. Olson is here. Mr. Riegelhaupt and Mr. Minor will you be here? Mr. Riegelhaupt stated as far as I know I will be here. Mr. Mullins stated we will get all of the material beforehand as we have for other meetings? Mr. Ward replied yes. Mr. Riegelhaupt asked could somebody be available by phone if we have to make a quor~m? Mr. Ward replied yes, that is provided for. Mr. Woodward stated I could supply you with a telephone number where you could reach me. Mr. Mullins stated and I could call in at this specific time. Mr. Ward stated the statute provides for teleconferencing and what we do is teleconference you in on a meeting and you have to be able to hear what is going on in the room and be able tn articulate whatever it is you want to articulate so people can hear you and if you can't meet that standard, then you can't be on the phone. Mr. Mullins stated the next question that I have is the competitive bids will have been taken for the various functions? Mr. Ward responded not by your public hearing date. The Budget merely sets forth your business plan in terms of how much you are going to spend. The specific vendors that you may utilize or the specific description of the project which Mr. Riegelhaupt referenced won't happen until you are actually ready to go to contract. C. Manager Mr. Ward stated there were a number of questions and comments last month relative to your Proposed Budget. I need to apologize as I did not mean for anyone to make any presentations to you last month with regard to that particular 16G 2 June 25, 1997 by Mr. Minor with all in favor the Interlocal Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments was approved Subject to any minor chonges the District F~'l'ri ORDER OF BUSINESS Staff Reports A. ~ Mr. Pires stated I have been working with the Developer on various issues and the District's Engineer on matters involving plat language and some other issues. The last time we met, the Board wanted to see a list of all of the contracts which are the s_~me contracts which were the basis of an assignment agreement This is a two-voh~me set that has the assignments from the Developer to the District of various contracts involved with the current construction activities that the District has funded and is funding and being m~naged by the Developer ~_mder the Construction Management Agreement. I don't l~now if you want individual separate sets to take home or not. Mr. Riegelhaupt stated let me see if I can paraphrase the Board's interest in this. I think the Board would like to have an up-to-date s~rnrnary list of these contracts, wh~ they are with, their value, perhsps a date when they started and expected completion. I don't think the Board, in my opinion, wants to go through each individual contract. Mr. Pires stated they are public records, they are in the office should anyone want to see them. Mr. Mullins stated besides the contracts with short-term terminations, you have the Engineer's contract. ~? Mr. Pires stated~ Construction is a long-term contract for the ird'rastructure. Mr. Mullins stated those may not appear on there. M .~e~- r,~i~ slated every single dollar that is paid by the C.D.D. to an entity that has a contract, I have a contract for one of those. Mr. Mullins asked are there any other questions? Are there any other comments by the Attornef Mr. Pires replied no. 7 June 25, 1997 Mr. Cole stated I quickly prepared a color coded list. I was going to bring up today where we are and where we have been. Phase lA is the area indicated. There has been a recorded plat, it has been accepted and constructed up past the guardhouse. Phase lB was Fiddler's Creek Parkway to the point shown, Championship Drive to the point indicated, and ~ Club Drive as shown. That was approved as one large project. It now has been split into three units because of the timing involved in getting construction acceptance done in order to allow development of residential plots. Phase lB, Unit 1 consists of from IA to the intersection with the Parkway and Mulberry Lane, and Pepper~ree ana Village are shown and also Whisper Trace which is a condominium. Those are not C.D.D. developments but the main infrastructure on the Parkway supports those residential pods. This has been 98% constructed and the plat has been recorded and we will be going in for preliminary acceptance in the near future. Phase lB, Unit 2 consists of Mulberry Lane from Fiddler's Creek Parkway up to Championship Drive and that was just accepted for recording yesterday by the Board of County Commissioners and we will recording that plat in the near future also. In the future, we will be working on recording Unit 3 which is going to be the remainder of what is left in the original Phase lB project. Mr. S~rain stated the pink areas you see were recently paved. They have received the first coat of asphalt and will stay that way for probably a year or more. The area we are working on now is where we are going to get the tunnels done and they should be done by the first part of August providing the rains don't stop us. Once those tunnels are done, Championship Drive gets blocked oft and we work on the third tunnel and we work on relocating Championship Drive. The people going to the golf course will come into the main entrance and cut through the tunnels. Mr. Mullins asked did the golfers all agree to do that? Mr. Strain replied yes they did which is a big plus for the cost of the job. That is how we figured the job so we have had amiable resolutions to all of our problems and that has mutually worked out well. Mr. Pires stated the tunnels are golf cart underpasses and the road goes over them? Mr. Strain replied yes. Mr. Pires stated you mentioned that these residential developments were non-C.D.D, but isn't there storm sewer in there? 8 June 25, 1997 remember what they are. I think $850.00 may be the least or $650.00 for the Whisper Trace condos. Mr. Mullins asked is it $1,200.00 and $600.007 Mr. Strain replied yes, combined so if you buy an Estate home at Fiddler's Creek, you are told in your disclosure statement that the annual C.D.D. fees are $1,860.00. Mr. ~stated that $1,200.00 goes away some day, is that correct? Mr. Strain stated yes. Mr. ~'~'tated but the maintenance fee continues. Mr. Ward stated for your information the maintenance fee and that _~mount will be dependent upon what your deliberations hold at your public hearing relative to the adoption of your operating Budget so I don't think it will be any higher than that but it may be less than that and it will change each year depending upon what you do. Mr. Strain stated the way that has been set is that is a competitive value that can be applied for a unit of that type. That doesn't cover the full bond cost; the difference is made up in a buydown at the time of closing between the Developer and the C.D.D. Mr. Ward stated yes. Mr. Strain stated the homeowners are not taking the full brunt of the cost of the C.D.D. A sizable portion of it is covered by the Developer, even the principal. Mr. Mullins stated I noticed that at Naples Heritage at closing they are paying down the full amount of not the maintenance fees but the capital fees. Mr. ~ asked the reason for the Developer buydown at the end, is it just economics? Mr. Strain responded yes, it is not competitive if you allow it to be charged against the homeowner. We have compared all of the communities and that is how we came to the valuation. Mr. Woodward asked how are the sales going? Mr. Strain stated good, we are exceeding our projections so far. Mr. Riegelhaupt stated for my own understanding, the individual streets in each pod now generate another fee. Mr. Ward stated there are a number of different ways in which to handle the issue in terms of these individual subdivisions. I will give you the range of things that can happen, the number of ways that you can handle a project like this in terms of its operatk~ and I will also tell you up front that I don't think the decision has been made by the Developer on what the recommendation will be to you. Generally, you will have a Community Development District which is responsible. It was created for the purpose of' managing and ~nancing that large community-wide infrastructure and that is what is going on here in Fiddler's Creek. Beyond that, you will have a Master Association that covers the whole project. At the very basic level, its primary responsibility is to enforce deed restrictions that the Developer places over that property and to take on whatever other maintenance responsibilities that are required for the community. The C.D.D. has the ability also to ass,_,rne those m_~intenance responsibilities that can also be handled by the Master Homeowners Association in some respects other than the deed restriction issue. Similarly, you may have within the community private subdivisions, what Mr. Str~i~n is going to call villages. In those private villages where those facilities just benefit that village, they will have a little association which does their m~intenance and then they will be assessed for that. Those are the gamuts of the organization that you have. The options are as follows: One is the C.D.D. can do all of the maintenance activities within the community both the Master Association and the village association work and assess the communities' residents for the operations of all of the kinds of infrastructure. It is easy to do that. The C.D.D. can also enter into an agreement with the Master Homeowners Association that transfers its operating responsibility over to the Master HOA. They can do whatever it is they want with respect to the maintenance responsibilities of' the C.D.D. and the District doesn't have to get involved in it; and thirdly, the Master HOA can do its thing, the village associations can then separately do their own thing with respect to maintenance operations and the C.D.D. can layer in over top of that with respect to what it needs tn do with its capital requirements or such other master facilities or you can do combinations of those things so you can have the C.D.D. in the process, the Master HOA out of it and then the village associations in the process. There are a number of combinations with respect to all of these particular issues. I don't think at this point anybody has gotten through all of those processes because I don't think there are going to be any residents in Fiddler's Creek for a number of months yet and as a result of that, how you deal with all of those things is not decided. That will get decided at least as it relates to your Operating Budget protocol by the time you have your public hearing. I have had some preliminary discussions with Mr. Strain and other representatives of Gulf Bay on how to do 16G 2 June 25, 1997 that. We have not completed those discussions yet so that will come back to you as part of your public hearing next month. Mr, Riegelhaupt stated let me see if I can voice what my concern is. From my own experience on large projects, the first tb~ng you do on a large project is write a fairly detailed description of what is entailed in the project. The next thing you do is develop a prel~mlna~ budget for that project as it applies to what you just wrote and in the C.D.D., it would seem to me that at some period of time within the next year, there ought to be a fairly detailed description of what is anticipated, and I have no experience with C.D.D.'s so I don't know how they do it, but there ought to be what I call a project description applicable to the C.D.D. What does the C.D.D. truly cover and what doesn't it cover? I recognize this is not going to happen tomorrow morning because of all these uncertainties that you brought up but eventually, I would hope by the time the next year's budget rolls around and there are people living here if somebody asks that question because eventually we are going to have people sitting here listening to us, that we will have something. Mr. Ward stated what you will find in the early years of a community, and Fiddler's Creek fits into the mold of what normally goes on, is that changes will occur frequently on a yearly basis as the needs of a community change. What a C.D.D. does is provide you with the most appropriate mechanism to allow those changes to occur on a yearly basis as the community grows and changes. The description you are absolutely correct in what you indicated. You will write a description today that will cover you for the next six or nine months. That will get changed, it may get changed during that six or nine month period and nine months from now, you will change it again and go on for the next year and that keeps changing every year based upon the community's needs and desires. You are absolutely right, that is exactly what will happen but it tends to be a moving target in the early years because you are constantly changing to meet the needs of that community. Mr. Riegelhaupt stated what I would be concerned about is if someone in the audience asked what are we spending our money on in the C.D.D., I would like to be able to say read this document and this will tell you as of the given date of the do~ment this is what you are spending your money on. Mr. Ward stated you will have that as you get into your operating mode. I sm not sure you will get it at Budget time but I will have a general Business plan, a framework of the total dollars that you are going to spend and then as you start to more specifically define those total dollars you will get that each year. Mr. Riegelhaupt sta~d I would expect, that within a year by the following year's Budget meeting that something would be available. Mr. Mullins asked when are the Budget hearings? Mr. Ward replied it is July 30th at ten o'clock here. Mr. Woodward stated I will not be heres~t~, e 30th of July. Mr. Mullins stated nor will I. Mr. Ward stated we will have to make sure that Mr. Olson is here. Mr. Riegelhaupt and Mr. Minor will you be here? Mr. Riegelhaupt stated as far as I know I will be here. Mr. Mullins stated we will get ail of the material beforehand as we have for other meetings? Mr. Ward replied yes. Mr. Riegelhaupt asked could somebody be available by phone if we have to make a quor~m? Mr. Ward replied yes, that is provided for. Mr. Woodward stated I could supply you with a telephone number where you could reach me. Mr. Mullins stated and I could call in at this specific time. Mr. Ward stated the statute provides for teleconferencing and what we do is teleconference you in on a meeting and you have to be able to hear what is going on in the room and be able to articulate whatever it is you want to articulate so people can hear you and if you can't meet that standard, then you can't be on the phone. l~fr. Mullins stated the next question that I have is the competitive bids will have been taken for the various functions? l~r. Ward responded not by your public hearing date. The Budget merely sets forth your business plan in terms of how much you are going to spend. The specific vendors that .you may utilize or the specific description of the project which Mr. Riegelhaupt referenced won't happen until you are actually ready to go to contract. C. Manager Mr. Ward stated there were a number of questions and comments last month relative to your Proposed Budget. I r~eed to apologize as I did not mean for anyone to make any presentations to you last month with regard to that particular DOCUMENT MISSING ITEM # 16G2 Page 1 thru 6 June 25, 1997 16G 2 ~auptsecon e y Mr. Minor with all in favor the Interlocal Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments was approved Subject to any minor changes the District ~ ORDER OF BUSINESS Sta~P~ports A. ~ Mr. Pires stated I have been working with the Developer on various issues and the District's Engineer on matters involving plat language and some other issues. The last time we met, the Board wanted to see a list of all of the contracts which are the spree contracts which were the basis of an assigr~ment agreement This is a two-volt, me set that has the assignments from the Developer to the District of various contracts involved with the current construction activities that the District has funded and is funding and being managed by the Developer under the Construction Management Agreement. I don't know if you want individual separate sets to f~ke home or not. Mr. lq. iegelhaupt stated let me see if I can paraphrase the Board's interest in this. I think the Board would like to have an up-to-date s-mmary list of these contracts, who they are with, their value, perhaps a date when they started and expected completion. I don't think the Board, in my opinion, wants to go through each individual contract. Mr. Pires stated they are public records, they are in the office should anyone want to see them. Mr. Mullins stated besides the contracts with short-term te~inations, you have the Engineer's contra~c.t.. .,,/ Mr. P~res stated~ Construction is a long-term contract for the infrastructure. Mr. Mullins stated those may not appear on there. Mrf,~ stated every single dollar that is paid by the C.D.D. to an entity that has a contract, I have a contract for one of those. Mr. Mullins asked are there any other questions? Are there any other comments by the Attorney? Mr. Pires replied no. Mr. Cole stated I quickly prepared a color coded hst. I was going to bring up today where we are and where we have been. Phase lA is the area indicated. There has been a recorded plat, it has been accepted and constructed up past the guardhouse. Phase lB was Fiddler's Creek Parkw.ay to the point shown, Championship Drive to the point indicated, and ~ Club Drive as shown. That was approved as one large project. It now has been split into three units because of the timing involved in getting construction acceptance done in order to allow development of residential plots. Phase lB, Unit 1 consists of from lA to the intersection with the Parkway and Mulberry Lane, and Peppe~tree ana ~~'< Village are shown and also Whisper Trace which is a condomini-m. Those are not C.D.D. developments but the main infrastructure on the Parkway supports those residential pods. This has been 98% constructed and the plat has been recorded and we will be going in for preliminary acceptance in the near future. Phase lB, Unit 2 consists of Mulberry Lane from Fiddler's Creek Parkway up to Championship Drive and that was just accepted for recording yesterday by the Board of County Commissioners and we will recording that plat in the near future also. In the future, we will be working on recording Unit 3 which is going to be the remainder of what is left in the original Phase lB project. Mr. Strain stated the pink areas you see were recently paved. They have received the first coat of' asphalt and will stay that way for probably a year or more. The area we are working on now is where we are going to get the tunnels done and they should be done by the first part of August providing the rains don't stop us. Once those tunnels are done, Championship Drive gets blocked off and we work on the third tunnel and we work on relocating Championship Drive. The people going to the golf course will come into the main entrance and cut through the tunnels. Mr. Mullins asked did the golfers all agree to do that? Mr. Strain replied yes they did which is a big plus for the cost of' the job. That is how we figured the job so we have had amiable resolutions to all of our problems and that has mutually worked out well. Mr. Pires stated the tunnels are golf cart underpasses and the road goes over them? Mr. Strain replied yes. Mr. Pires stated you mentioned that these residential developments were non-C.D.D, but isn't there storm sewer in there? 8 June 25, 1997 remember what they are. ! think $850.00 may be the least or $650.00 for the Whisper Trace condos. Mr. Mullins asked is it $1,200.00 and $600.00? Mr. Strain replied yes, combined so if you buy an Estate home at Fiddler's Creek, you are told in your disclosure statement that the annual C.D.D. fees are $1,8r~0.00. ,~,,,~ ~ Mr. ~stated that $1,200.00 goes away some day, is that correct? Mr. Strain stated yes. Mr. ~'~'tated but the maintenance fee continues. Mr. Ward stated for your information the maintenance fee and that amount will be dependent upon what your deliberations hold at your public hearing relative to the adoption of your operating Budget so I don't think it will be any higher than that but it may be less than that and it will change each year depending upon what you do. Mr. Strain stated the way that has been set is that is a competitive value that can be applied for a unit of that type. That doesn't cover the full bond cost; the difference is made up in a buydown at the time of closing between the Developer and the C.D.D. Mr. Ward stated yes. Mr. Strain stated the homeowners are not Wking the full brunt of the cost of the C.D.D. A sizable portion of it is covered by the Developer, even the principal. Mr. Mullins stated I noticed that at Naples Heritage at closing they are paying down the full amount of not the maintenance fees but the capital fees. Mr.~-ums asKea the reason for the Developer buydown at the end, is it just economics? Mr. Strain responded yes, it is not competitive if you allow it to be charged against the homeowner. We have compared all of the communities and that is how we came to the valuation. Mr. Woodward asked how are the sales going? Mr. Strain stated good, we are exceeding our projections so far. Mr. Riegelhaupt stated for my own understanding, the individual streets in each pod now generate another fee. Mr. Ward stated there are a number of different ways in which to handle the issue in terms of these individual subdivisions. I will give you the range of things that can happen, the number of ways that you can handle a project like this in term~ of it~ operatia~ and I will also tell you up front that I. don't think the 2 10 DOCUMENT MISSING ITEM # 16G2 Page 11-13 Budget. The purpose of it was solely to allow us to move forward through the process toward your public hearing date. It had not been reviewed by the Developer at that point in time to insure what the projects were that needed to go in there and the costs included therein and we are not ready to do that with you today so what we will do is have that available for you and I will make a complete presentation to you on your Budget at your next meeting and I assure you it will be in a format that you will be happy with. ~ ORDER OF BUSINIiISS Supervi.sor's Requests and Audience Comments Mr. Mullins asked are there any Supervisor's requests or comments at this time? If not, we will move to the approval of the Funding Request. SIXTH ORDER OF BUSINESS Approval of Fuck_ding Request Nm 13 Mr. Mullins asked are there any questions or comments regarding Funding Request No 137 If there are not comments, I will entertain a motion to approve Funding Request No. 13 as indicated. SEVENTH ORDER OF ~ Adjournment Mr. Mullins stated if there is no further business, I will entertain a motion to adjourn the meeting. 2 Paul Riegelhaupt/) Assistant Secretary Larry Mul~.in~ Chairman '--o 14 16G 2' Wednesday June 25, 1997 10:00 A.M. AGENDA FIDDLER'S CREEK C05fNKJNITY DEVELOPMENT D~CT Northern Trust Bark Building 4001 T,,~;,m~ Trail North 4th Floor - Larson Room Naples, Florida 33940 Roll C~I1 Approval of the Minutes of the May 28, 1997 Mee~,~g Consideration of Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments A. Attorney B. Engineer C. Manager - Questions and Comments on Proposed Budget Supervisor's Requests and Audience Comments Approval of Fun~;n~ Request No. 13 Adjournment NapLes OaiLy Ne~s NapLes, Ft 339&0 16G 2 FIDDLER'S CREEK DEV. DISTRICT ' GARY MOYER 10300 ~,~ 11TN CORAL SPRLNGS FL 33071 REFERENCE: 052301 575035(~5 Notice Of Meeting Fi ' State of FLorida County of Collier Before the undersigned authority, perho~aLLy appeared AngeLa Bryant, who on oath says that she serves as Assistant Secretary of the Naples Oaity Ne~s, a c~aiLy newspaper published at Naples, in Collier Catty, FLorida: that the attached copy of advertising was i:~xbLished in said newspaper dates Listed. Affiant further says that the said NapLes Oaity Ne~s is a newspaper published at NapLes, in said CoLLier Cotaqty, FLorida, and that the newspaper has heretofore been continuously published (n said CoLLier County, FLorida, each day and has bee~ e~terecl as aeconcl class ~.atter at the post office (n NapLes, (n said CaLL(er Cc~.~ty, FLorida, for a period of 1 year next preceding the first p~,~L(cation of the attached copy of advertisement; arx:m affiant ' further says that she has neither paid i promised any person, firm or coporation arty disc~t, rebate, ConTn(ssion or refund for the pur~¢ of 5(curino this advertisement for ~lication in the said PUBLISHED ow: 06/18 AD SPACE: G.750 [NCH FILED ON: 06/18/97 · / , / ,,~ Signature of Affiant ,: ~:~47,,'~ ~' ~ - Sworn to and Subscribed before me this ,J~ day of Personally known by me .~ ,':i 16G 2_ INTERLOCAL AGREEMENT FOR THE PREPARATION AND SUBMISSION OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, NON-AD VALOREM ASSESSMENT ROLL AND THE RELATED UNIFORM COLLECTION AND ENFORCEMENT WHEREAS, the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT (here~after "DISTRICT') was established pursuant to the provisions of Chapter 190, Florida Statutes, and the DISTRICT is authorized to levy non-ad valorem or special assessments including benefit assessments, maintenance assessments, and otl'~er such assessments; and WHEREAS, Section 189.4065, Florida Statutes, and Section 197.363~, Florida Statutes, also authorize this DIST~CT to collect non-ad valorem assessments; and WHEREAS, the Honorable Guy L. Carlton, is the County Tax Collector of Collier County (hereinafter ~FAX COLLECTOR"), and therefore the County Constitutional Officer charged, as agent of the State, with the collection and enforcement of ad valorem taxes and non-ad valorem assessments levied by the County, the School Board and municipalities and any special districts within the County; and WHEREAS, the Honorable Abe Skinner, is the ColLier County Property Appraiser (hereinafter "PROPERTY APPRAISER'), and therefore the County Constitutional Officer charged with determining the value of all property within the County, and with maintaining certain records connected therewith, specifically including the name of the owner, address and legal description of pazeels of property on the tax rolls, and with providing certain services and izfformation to taxing authorities under Section 190.021, Florida Statutes, and Section ~97.3632, Florida Statutes; and Page 1 of 9 16G 2 WHEREAS, Section 197.3631, 197.3632, Florida Statutes, and Section 189.4065, Florida Statutes, provide that the DISTRICT may arrange for the collection and enforcement of non-ad valorem special assessments by the TAX COLLECTOR on the official tax notice as certified to the TAX COLLECTOR by the DISTRICT upon receipt by the DISTRICT from the PROPERTY APPRAISER of the name, address and legal description of eac1't applicable parcel; and WHEREAS, Chapter 197, Florida Statutes, authorizes the DISTRICT, PROPERTY APPRAISER and TAX COLLECTOR to enter into an Agreement regarding the reimbursement of necessary administrative costs incurred by the PROPERTY APPRA~ER and TAX COLLECTOR; and WHEREAS, pursuant to Section 197.3632, Florida Statutes, the PROPERTY APPRAISER may provide additional services for the DISTRICT over and above the requirement to provide the name, address and legal for each parcel of land upon which th~ non-ad valorem assessment is to be levied, and be reimbursed accordingl y, including authority to act as the agent of the DISTRICT in fulfilling the duty of th~ DISTRICT both to prepare and to certify the non-ad valorem assessment roll to the ';.AX COLLECTOR by the September 15th of each calendar year in compatible electronic medium tied to the property identification number on the tax roll of the PROPERTY APPRAISER; and WHEREAS, the use of the uniform non-ad valorem assessment methodology is more fa:~r, more efficient and more accountable than the other alternatives available; and WHEREAS, the Board of Supervisors of the DISTRICT passed Resolution No. 96-13 on August 20, 1996, expressing its intent to use the uniform collection and enforcement of non-ad valorem assessments methodology in accordance with the procedures outlined in Section 197.3632, Florida Statutes, and has therefore elected to use the non-ad valorem assessment methodology in Section 197.3632, Florida Page 2 of 9 16G 2. Statutes, and has elected not to use the methodology in Section 190.031, Florida Statutes; and WHEREAS, the duty to certify the non-ad valorem assessment roll is in the Chairman of the Board of Supervisors of the DISTRICT; and WHEREAS, the DISTRICT wants the PROPERTY APPRAISER to serve as agent of the DISTRI~ specifically to list, extend, prepare and certify the non-ad- valorem assessmer, t roil of the DISTRICT; and WHEREAS, the TAX COLLECTOR, PROPEP, TY APPRAISER and DISTRICT are agencies of the State within the meaning of Chapter 189, Florida Statutes, and Chapter 163, Florida Statutes, and desire the joint powers which each will exercise separately under Eqe terms of this Agreement; and WHEREAS, pursuant to Chapter 189, Florida Statutes, Chapter 163, Florida Statutes, and Chapter 190, Florida Statutes, there is ample statutory authority for interlocal and interagency agreements between the TAX COLLECTOR, PROPERTY APPRAISER and the DISTRICT; and WHEREAS, the TAX COLLECTOR and the PROPERTY APPRAISER agree to provide the services of their respective offices for the non-ad valorem assessments involved as set forth in statutory law, applicable rules, as amended, and in this Agreement; and WHEREAS, the DISTRICT desires to accept the services of the TAX COLLECTOR and PROPERTY APPRAISER as provided in this Agreement and further agrees to fulf:.ll its duties and responsibilities under law and pursuant to this Agreement. The DISTRICT, PROPERTY APPRAISER, and TAX COLLECTOR hereby agree as follows: 1. Commencing with the 1996 calendar year, and all subsequent years, except as provided in paragraph seven (7), the PROPERTY APPRAISER, as agent for Page 3 of 9 16G the DISTRICT shall list, prepare, submit and certify to the TAX COLLECTOR by September 15th, of each calendar year, on compatible electronic medium, tied to the property identification number, the non-ad valorem assessment roll, and that the District shall comply with all applicable provisions of Chapter 197, Florida Statutes, and related ru2es, including, but not limited to, compliance with all advertisements and notices required in the election to use the non-ad valorem assessment methodology, levying, and roll adoption (subsequent years). 2. Because the DISTRICT, by the 10th of January, 1997, did furnish the legal description of the land area on which the non-ad valorem assessments be levied for calendar year 1997, and all subsequent calendar years, to the PROPERTY APPRAISER, the PROPERTY APPRAISER shall determine accurately the name, address and legal description of each affected parcel and submit that information to the DISTRICT by the June 1st of each calendar year, the PROPERTY APPRAISER shall also act as the agent for the DISTRICT (as Principal) to list, extend, and prepare the non-ad valorem assessment roll for and on behalf of the DISTRICT and certify it by the September 15th of each calendar year in the name of the DISTRICT to the TAX COLLECTOR in compatible electronic medium tied to the property identification number; provided, however, that the PROPERTY APPRAISER shall not be under any duty to act as agent of the DISTRICT in preparing and certifying to the TAX COLLECTOR the non-ad valorem assessment roll unless the DISTRICT shall have provided the PROPERTY APPRAISER, no later than August 1st of each calendar year as a condition precedent, the officially adopted per unit or parcel of property for the non-ad valorem assessments as officially adopted by the Board of Supervisors at a duly noticed meeting. 3. Pursuant to expressed authority in Section 197.3632, Florida Statutes, the TAX COLLECTOR shall be compensated at the rate of two percent (2%) of the non-ad valorem assessments collected as compensation for all costs of the TAX Page 4 of 9 16G 2' COLLECTOR, which two percent (2%) shall be withheld by the TAX COLLECTOR as payment prior to distribution to the DISTRICT of the funds collected. 4. The DISTRICT hereby agrees to compensate the PROPERTY APPRAISER for all necessary administrative costs as defined in Section 197.3632(2), Florida Statutes, incurred in filling both statutory and contractual duty of the PROPERTY APPRAISER under this Agreement and the DISTRICT shall compensate the PROPERTY APPRAISER at the rate of One Dollar ($1.00) per benefit unit (parcel of property) for setting, up the non-ad valorem or special assessment roll, and annually thereafter, the amount of One Dollar ($1.00) per benefit unit (parcel of property) for the maintenance of each benefit unit (parcel of property). 5. If the actual costs of performing these services by the PROPERTY APPRAISER exceed the compensation referenced in paragraph four (4) above, then the compensation to be paid by the DISTRICT to the PROPERTY APPRA~ER shall equal the actual cost of performing such services. 6. The parties to this Agreement agree to consult and cooperate as necessary and practical for the efficient and timely listing, preparation, submissions, certification, collection and enforcement against delinquencies of the DISTRICT non-ad valorem or special assessment rolls and levies including provision by the DISTRICT to the other parties of any staff assistance reasonably necessary, and requ.Lred to effect the purposes of this Agreement. 7. The term of this Agreement shall commence with the 1997 non-ad valorem assessment rolls and shall continue and extend uninterrupted from year to year from the effective date as indicated below unless a notice of termination shall be issued by any party. A notice of termination shall be in writing and shah be delivered not less than ninety (90) days in advance of the commencement of the next fiscal year of the DLSTRICT save and except during those years when the DISTRICT in timely fashion notifies the TAX COLLECTOR and the PROPERTY Page 5 of 9 16( 2 APPRAISER that it seeks to collect and enforce the assessments pursuant to other provisions of law. 8. In performing these services herein specifically provided, neither the TAX COLLECTOR nor the PROPERTY APPRAISER is in any way, express or implied, direct or indirect, responsible for proposing, imposing or levying any non- ad va!orem special assessment and/or for determining whether any such special or non- ad valorem assessment levied by the DISTRICT is authorized, constitutional, legal and valid and the DISTRICT acknowledges that it is the sole responsibility of the DISTRICT to levy such assessments and to make sure they are authorized, legal, valid and constitutional. 9. All agreements previously entered into by and between the parties hereto in conflict herewith are hereby superseded to the extent of the conflict. 10. This Agreement shall become effective upon the signing of the Agreement by the TAX COLLECTOR, the PROPERTY APPRAISER, and the DISTRICT, and with the appropriate filing with the Clerk of the Circuit Court of Collier County, Florida, and shall supercede any and all prior Agreements. EXECUTED this Attest: Witness Printed Name day of ,1997. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: Its: Larry Mullins Chairman Witness Printed Name Page 6 of 9 16G COLLIER COUNTY PROPERTY APPRAISER Witness By: ABE SKINNER Printed Name Witness Printed Name COLLIER COUNTY TAX COLLECTOR Witness By: GUY L. CARLTON Printed Name Witness Printed Name Page 7 of 9 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me th.is day of ,19 , by LARRY MT..TLLINS, as Chairman of the Fiddler's Creek Community development District, wI'.,e xs personally known to me or who has produced as identification. 2 (Affix Seal) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, i.f any My Commission expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of , 19 , by ABE SKINNER, as Property Appraiser for Collier County, Florida, who is personally known to me or who has produced as identification. (Affix Seal) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title er Rank Serial Number, if any My Commission expires: Page 8 of 9 STATE OF FLORIDA COUNTY OF COLLIER 16G The foregoing instrument was acknowledged before me this day of , 19 , by GUY L. CARLTON, as Tax Collector of Collier County, Florida, who is personally known to me or who has produc'ed as -identification. (Affix Seal) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any My Commission expires: Page 9 of 9 Fidcfler's Creek ¢ommunil~ Develo~:~me~! Dbtrkt dune 05. 1997 GuJf Bay CommuniOes 4001 Ta,'n~n~ Tr~ North Suite 350 Naple~. Fl. 33940 Attention: Anthony DINardo Dear Mr. DlNardo The current funding requirement for the Fiddler's Creek Community Development District is nece~a~ to pay the following. t024 5/97 Long Distance Fax So-vice #4-152-61008 5/2 .Service #000723 Port. ge/Copies #000750 Potage / Copte~/Fax/Books May '97 Po~tage Color Prints for Proposed Budget # 1401055 5/28 Meeting Notice June '97 Management Fees May '97 Computer Services June '97 Computer Services May '97 Copy Charge June '97 Rent Board of 8uv~rvi~or~ 5/28 Meeting 5 Supervisor~ O $200 l~y Request # 13 $7.45 $/L93 $38.67 $118.93 $24.29 $5.OO 35.23 $200.00 $1,000.OO Tot~ Request: $5,051.50 Adjustment: ($3,306.70) Tot~[ Request: $1,734.55 16G · Pleue note that the ebove adJ~tment l~ for money p~ld out of operating that should have been p~ld f. rom bond money. The operating account h~ been rehnbu-~ed. FIDDLER'S CREEK COMMI/NITY DEVELOPMENT DISTRICT 10300 N.W. 11th M~nor Cor~l Springs, Fl. 33071 Accordingly. it would be appropriate for Gulf Bay Communities to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime. I remain. 2 Yours sincerely. Randolph G. White Director of Accoun thng 16G 2 16G 2 16G 2: O0 O0 j. O0 16G 2~ 16G 2 2 16G 2 Z Gar9 L. Moger, P. fi. Land Development ~ Management Consultant Date: August 26, 1997 10300 Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753-0380 Memorandum To: Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held May 28, 1997 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk En¢. MINITFF. S OF 1WI~.~G FIDDLER'S CRE~t COMMLrN1TY DEVELOP~T DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, May 28, 1997 at 10:10 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford (Chip) Olson Arthur Woodward Paul Riegelhaupt Grady Minor Also present were: Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary John Petty Tony Pires Terry Cole Mark Strain FIR,gr ORDER OF BUSINF_~S District Staff Attorney Engineer Gulf Bay Communities Roll Can Mr. Mullins called the meeting to order and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUS/NESS Approval of the Minutes of the April 23, 1997 Meeting Mr. Mullins stated that each Supervisor had received a copy of the minutes of the April 23, 1997 meeting and requested any additions, corrections or deletions. Mr. Minor stated some of the names are incorrect on comments. On page 6, I didn't ask about the Port-Au-Prince people. Mr. Riegelhaupt stated that was Mr. Mullins. Mr. Minor stated under the Seventh Order of Business, I asked about Gary Moyer's bills. On the filing cabinets, I don't know who asked about that but I didn't ask about that. I am sure from the tape, it was hard to tell. Mr. Mullins asked does anyone recall the Port-Au-Prince question? Mr. Riegelhaupt stated you generally ask that question. Mr. Mullins stated yes substitute Mr. Mullins for Mr. Minor and Mr. Olson is the person asking about reimbursement for six filing cabinets. Is there anything else? Hearing none, I will entertain a motion approving the minutes as amended. ~O~i-i~iOTIO'N by Mr. Minor's~cond~,'d by I~r." Olson with] lall in favor the Ap~l 23, 1997 minutes were proved as] ~.amended. . ........ , .......... ~ O~ OF BUS~ ~~fion ~d ~on of ~ ~~ Buret for ~ Y~ 1~-~ ~ ~n~fion of ~fion ~ ~~ ~ Buret ~d ~~ ~ ~b~c H~ Mr. Petty s~ted you ~11 find i~ yo~ packages the ~ebt SerAce Budget. I ~ ~s~buting ~ you the Proposed Budget w~ch ~cludes bo~ the Debt Se~ce Budget ~d the General F~d Budget. This is in a slightly expanded ~o~at ~om last ye~'s Budget w~ch was a one-page Budget ~th Developer con~butions for ~ ~ds. If you go ~ page 2 o~ction 2, ~ere is a s~m~, o~the Gener~ F~d Budget. To summarize it, under Revenue Pro~ections, we are looking at ~ assessment levy o~ $742,528.00 and Approp~fions o~ $747,528.00. The Field Operations we have obtained ~rom the Developer's staff and our own. Administration is basically the same ~orma~ ~s it was l~st year. Something I wo~d like ~ point out ~or today's meeting is on page 3. The last sec~on marked ~ther Fees and Charges under Appropriation will come up l~ter on in our talks ~day and that is consideration o~ ~ Agreement ~th the Prope~y Appraiser ~d ~venue Collector o~Collier Co~ty. These ~c what those ch~ges wo~d come ~ ~or ~s fis~ ye~. We ~e not ~g ~e Bo~d to adopt ~s Budget ~day, nor ~ even consider changes or modifications to it tod~y. ~is is to open it ~or · sse~na~on by S~ and the Bo~d ~d ~or h~dou~: to ~e public ~d ~or ~ut~e scheduling o~ public hea~ngs and ~or discussion o~ same. This is a lengthy pr~ess w~ch ~ ~e a ~m~ o~ 60 days ~om ~day before we ~H be able ~ co~ t~s Budget so you ~ll have two more Bo~d meetings, one o~ w~ch must ~ a public he~g before you ~n fin~ize the doll,s end t~s Budget. Mr. Mullins asked are there any ~eas in here that are either controversi~ or subje~ ~ s~ s~ny or t~gs ~at we shoed ~ aw~e o~ Mr. Petty replied other than the section that I brought up over Other Fees and Ch~ges which is p~ o~today's agenda, there is noting unusual about the Budget. 168 2 Mr. Riegelhaupt stated Contingencies, I assume that is some percentage figure of something. Mr. Petty replied yes, it is 5% of the Field appropriations so it is 5% of the numbers above it which is everything on page 6 and 7 of the Budget detail. Mr. Olson stated on page 5, under Trustee, you have "in 1991, the District issued Bonds..." Shouldn't that read 19977 Mr. Petty replied yes it should, that is an error. Mr. Minor stated in the package that we got in the mail, we have the Debt Service Fund Fiscal Year 1998. Mr. Petty stated the Debt Service Fund is tied to the Bonds that were issued. Mr. Minor stated and this is the General Fund. The assessment levy on page 2, the $742,528.00, where is that coming from? Mr. Petty replied this is from the General Fund. For Operation and Maintenance purposes, there will be an assessment on all assessable parcels for the first time this year for those items that are going to be an annual Operation and Maintenance responsibility of the District from here on. Mr. Minor asked where does the money really come from, from the Bonds? Mr. Petty stated no, it will be an assessment on the land parcels themselves. The Debt Service if applicable this year, and I don't believe it is, so we are looking for assessments for the first time this year to the property in Fiddler's Creek for Operation and Maintenance. Mr. Minor stated the Developer pays those. Mr. Petty stated if there are no homeowners by November when the tax bills go out, that will be the case. Mr. Olson stated the capital improvements are coming out of the bond money, is that correct, this is just for the maintenance? Mr. Petty replied that is correct. The Operation and Maintenance portion where applicable on new facilities is being funded by the Developer through a funding agreement that you had approved in last year's Budget. This year's Budget looks to go to the property on an assessment basis so that those receiving the benefits from this Operation and Maintenance pay, whether it be homeowner or Developer. Mr. Minor stated you mentioned that we were going to have a few more meetings on this and that one of them had to be a public hearing. I thought that all of these were public hearings. i65 Z May 28, 1997 Mr. Petty stated the Board can discuss the Budget between now and adoption without it being a public hearing. There will be a minim,,m of one scheduled public hearing for any public to be present before the Budget will be adopted but certainly you can discuss the Budget and make changes today which is not a public hearing. Mr. Minor stated I thought all are public hearings. Mr. Petty stated it is not an advertised public hearing, it is open to the public but it has not been advertised as a public hearing. Public hearing criteria has certain legal advertising requirements and I will defer to the Attorney. Mr. Pires stated as Mr. Petty stated, this is a public meeting so you are free to discuss this issue at public meetings and we will have other public meetings between now and the scheduled public hearSng on the Budget for that purpose. Any discussions of the Budget, as you are aware, can only be at public meetings such as this one. Mr. Mullins stated this meeting is not adve~ised. Mr. Pires stated this meeting is advertised as a regularly scheduled monthly meeting of the Board. As far as having the Budget hearing which is a separate provision under State law, that is the hearing that has been set for August. Mr. Riegelhaupt asked may I make a request after what you have said, will you amend that when you write the minutes to be very careful with what you just said. All of these meetings are open to the public in a certain sense. We cannot discuss this privately. There was an inference in what you were saying that we could have private discussions and that is not true. Please be ~ery careful in your verbiage and have somebody check it when you write the minutes. Mr. Petty stated we will be glad to clarify that and that all of these meetings are open to the public and this is where discussion of the Budget can take place. It cannot take place outside of a scheduled Board meeting or outside of an advertised public hearing. Mr. Mullins stated that is the distinction, it is an advertised public hearing about a specific element, namely the Budget, that makes that meeting different from this meeting. Mr. Petty stated you will notice that that is one of the items on the agenda. Along with consideration of this Budget is consideration of Resolution 97-4 which by heading is: A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1998 AND SETTING A PUBLIC HEARING 4 May 28, 1997 THEREON PURSUANT TO FLORIDA LAW. As stated, this is for discussion purposes only, this is not an adoption of the Budget. Mr. Strain asked could I make a suggestion that the budget hearing be scheduled for ten o'clock on the date that you normally meet and that the regular meeting be scheduled for 10:30 so that it can be accomplished on the s~me day? Mr. Petty stated we are a bit limited in that we have to have this Budget as approved by the Board for discussion purposes sent out to local governmental agencies 60 days before adoption which is typically done immediately after the public hearing process. Yes, we do try to schedule it for the regular time and place but depending on the time frame, we may be off a little bit. Mr. Strain stated you could reschedule the general meeting to coincide and to be held right after the Budget hearing. Mr. Petty stated we will do it to the best of our ability but by August 1st, the roll has to be sent to the Property Appraiser. Mr. Mullins stated Resolution 97-4 says Approving the District's Proposed Budget for Fiscal Year 1998 and Setting a Public Hearing. The Resolution would imply that we, in effect, are approving this Budget for this year. Mr. Petty stated it may sound that way but it definitely is not that process. We are approving it for public dissemination only for discussion by this body and by the public and setting a public hearing so the public can come and have full notice that that will be a topic of discussion. Mr. Mullins stated I have a problem with approving the District's Proposed Budget for Fiscal Year 1998. Mr. Pires stated I believe that paragraph 1 of the Resolution clarifies the actual action taken by the Board, that it is only approved as the basis for conducting a public hearing to adopt the Budget. Mr. Minor stated the Resolution refers to an "operating budget", this calls it a "General Fund Budget". Are they one in the same? Mr. Petty replied yes they are. Mr. Olson asked will you explain the boxed in area at the bottom of page 107 Mathematically it is supposed to add up and it doesn't add up. Are you supposed to subtract the $757,875.00 from the $1,953,375.00 or are we talking about two different categories of numbers? Mr. Petty replied this is two different categories. You are looking at a Reserve Fund. Reserved for Debt Service (All Years) is the amount that is typically 10% of the Bond Issue. Reserved for Debt Service (Fiscal Year 1999) 5 would be the capitalized interest portion of any reserved money set aside at the issuance of the Bonds. In this statement, we are identifying what funds have been set aside. Mr. Minor stated you are asking for a motion to approve the Proposed Budget and set the public hearing. Mr. Petty stated after discussion of the Budget, if the Board so wishes, we would like you to consider approval of Resolution 97-4. Mr. Minor stated we are only talking about the operating budget now, is that correct? Mr. Petty responded the Debt Service Budget is a part of your consideration. Mr. Minor asked are they both handled together as far as timing? Mr. Petty replied in the affirmative. Mr. Minor stated we are only talking about the Operating Budget now, not the Debt Service Fund. Mr. Petty stated you can talk about that now as well. Mr. Pires stated a point of clarification. I think what Mr. Minor is asking is that the Resolution only addresses the Operating Budget as far as setting the public hearing. Mr. Petty stated that is correct. Mr. Mullins asked are there any further comments? As I understand it, we have one meeting to discuss the detail of this, to ask and delineate our questions, then a public hearing after which the Budgets will be approved. Mr. Petty stated that is the process. Mr. Minor asked are you looking for a date from us? Mr. Petty replied it is set on the criteria as required by law. Mr. Mullins stated you mentioned the relevance of the August 1st date which is only two meetings away. We have to approve this or call a special meeting. Mr. Petty stated if there would be no problem with discussing the Budget at the next meeting and either answer all of the questions if there are any unanswered questions to continue the meeting to a time and date certain and come back with those answers. Mr. Mullins stated the point is as of 'August 1st, the levies against individual taxable parcels have to be at the Tax Collector's Office. That is the deadline, did I understand that correctly? 2 6 2 May 28, 1997 Mr. Petty responded the Property Appraiser is looking for the assessments from Staff by August 1st. It does not mean that it cannot be extended under emergency conditions but that is the deadline. Mr. Woodward asked who will do the computations of the assessment per parcel? Mr. Mr. Mr. Mr. Petty replied the Manager's office will do that. Woodward stated you will make that available to us? Petty replied yes we will. Minor asked what are we paying the Property Appraiser for, or am I mixing up the Budgets? Do we pay the Property Appraiser a percentage? Mr. Petty replied yes we do. Once we give them the roll or what the assessment is on a per-lot or per-parcel basis, they then apply it to their database and send it to the Revenue Collector. Mr. Minor stated we pay 2% to Revenue Collector to collect it. Mr. Petty stated yes, to the Revenue Collector of Collier County. Mr. Pires stated Resolution 97-4 does set a date and time certain for a hearing on the Budget, which is August 27. The question of the Board is, does that need to be before the August 1st date. Mr. Petty stated for consideration in this Resolution, I would rather have it as an open date that we would set once we have computed the 60-day time frame. The August 27th date is later than the August 1st deadline. It may have been set by the Recording Secretary before consideration of the 60 days. Consideration today of Resolution 97-4 would be for an open date that we would set 60 days from today or as close to 60 days from today as we can. Mr. Pires stated it could be the last week in July to fit within the 60-day time frame, July 29, 30 or 31st. Mr. Minor stated it has to be 60 days, it can't be 55 days. Mr. Petty stated it can't be any sooner than 60 days from your approval because we must have submitted this to the County for their review 60 days prior to adoption. Mr. Strain stated you won't adopt until September. Mr. Petty stated it will be adopted before it goes to the Property Appraiser. Mr. Woodward stated I thought you said it has to go to the County 60 days before we adopt it. Mr. Petty stated in its proposed preliminary format. 7 May 28, 1997 Mr. Woodward asked if we are going to send it to them August 1st, how can we adopt it August 30, they have to have it 60 days? Mr. Petty replied two different divisions of County government. One is the County Manager's Office which is where we will send the preliminary budget so that they can consider our expenditures while they are considering their own expenditures. The idea here is that there will not be repetition in government. If the County is planning to do something that we are planning to do, they could let us know so that we would not be taxing the taxpayer twice for the same services. That is why we send him a copy of our Proposed Budget 60 days before we approve it and then we send it to the Property Appraiser and the Revenue Collector of Collier County to fix it on the rolls. Because of that t30-day time frame, we would be setting a public hearing 60 days minimum from today for the approval process. If there is a preference by the Board, we can set those dates today. Mr. Pires stated I would recommend that in order for the Board to approve the Resolution setting the date, July 30th would fit the time frame if that is acceptable. L 'on' MOTION 'by Mr.' oi'J'on seconded by Mr. Wo~twa~:cl~ with all in favor Resolution 97-4 Approving the Budget[[ and Setting a Public Hearing for July 30, 1997 at 10:00II .M; was aP. proved. . ... ]1 Mr. Olson stated I would like the management company to send us more of a breakdown. Your breakdown of Section 2 was very detail oriented, Section 3 is very confusing. I would like an explanation of the unappropriated fund balance, the assessment levy and the interest income. Is it possible between now and that meeting you can give us more of a detailed breakdown of Section 3, Community Development District Budget for Fiscal Year 1998 and what each of the categories is? Some of them you have already explained. Mr. Petty stated the Debt Service Fund is typically confusing, it is almost always stated according to General Accounting Principles which routinely do not make apparent sense unless you are that type of accountant that is familiar with those. I am not but Mr. Ward is very familiar with those breakouts. I can give you basic fundamentals but for the explanation of each line item, I would like to defer that to Mr. Ward at the next meeting if that would be acceptable to the Board. Mr. Mullins stated I. think the question was, could Mr. Ward address the question prior to the next meeting and if there are any breakouts, get them to us. 8 Mr. Petty stated we will do that. Mr. Riegelhaupt stated maybe if we gave them an example of the confusion that we are facing, it would help. On page 11, it says Reserve Requirement $1,953,375. Then it says the District has invested the reserve funds in the following: US Treasury Money Market 5.000% and then there is a number $1,960,593.00. It is not clear to me what that number is, how it relates to the Reserve Requirement. This has been poorly presented in my opinion. The issue that US Treasury Money Market at 5.000% as the investment vehicle should be in parenthesis or something, it has nothing to do with the number adjacent to it. Numbers have to relate to numbers, this has nothing to do with being an accountant, this has to do with some logic. This paragraph doesn't tell you anything. I don't understand what the relationship is between the $1,953,375 and the $1,960,593. How do these two numbers relate to each other and why is the bottom number $1,960,5937 The point is, if the Board can't understand it, the public certainly won't be able to understand it and that means the presentation needs some redoing. Mr. Petty stated I will take that to Mr. Ward. Mr. Riegelhaupt stated I just use that as an example, not in totality, there are lots of things like that in the Budget. Mr. Petty stated the Debt Service Fund has always been listed in an accounting fashion that is similar to the Bonds which I find very complicated and for a better explanation, Mr. Ward is more than capable of providing that to the Board. I will bring that to his attention and we will submit a better explanation to the Board before the next meeting. Mr. Mullins stated it is the consensus of the Board that the information requested by Mr. Olson and Mr. Riegelhaupt be sent to us before the next meeting. Mr. Petty asked may I ask if you have any ~imilar requests concerning the General Fund? Mr. Mullins stated I would say that it is the consensus that it be in a format that we can truly understand it. Mr. Riegelhaupt stated the same comment that Mr. Olson brought up on page 10 in that boxed area is the same kind of comment. We have numbers here and I think what would clarify this box is to discuss the 1997 Budget in the same box so the numbers mean something. There are just a lot of numbers and they have no relationship to each other because there is one year's funding missing for Debt Service. You shouldn't have to look at something and have to take your 9 May 28, 1997 1 6 G calculator out and guess where the missing dollars are. This is not a twenty-year old project that we are coming into the middle of, it just started and considering that the first Budget was this year, why not start from day one and put all of the numbers down and then we continue to project that. Mr. Petty stated the numbers are there, they just need to be defined in a better fashion. What you are looking at in the box, Reserve for Debt Service, that is the Reserve for Debt Service that came out of the Bonds. Mr. Riegelhaupt stated that part I understand but you get to the next line, where there isn't a relationship is between the $757,875 and the $1,542,247. The reason for that is the consideration of the previous year. Mr. Petty stated again, we are looking at the total numbers, Bond Funds and a better description of what they are doing and when they are going out and what interest is coming in. Mr. Riegelhaupt stated I want to know where these numbers are coming from. As an engineer, I have been doing this all of my life working on budgets and without having to take out my calculator and looking at previous data, I can't tell where these numbers are derived from. I don't know what this $1,542,247 number is. Where does it come from? How did it get there? I want to know that, I want to see that in print so I can understand what I am reviewing and I think I speak for the Board on this matter. Mr. Mullins stated I take that as the consensus of the Board. We will now move to the fourth item on the agenda. FOUIVI~ ORDER OF BUSINESS Consideration of Agreement with the Collier Coumy Property Appraiser and Tax Collector for Conection of the Non Ad Valorem Special Assessments Mr. Petty stated as we discussed previously in the Budget, those costs in consideration of that Agreement are shown in the General Fund portion of the Budget. It was an item carried over from last month's meeting where that Agreement had not been sent out in the package in time for the Board to review. Hopefully, the Board has had the time to review and consider that interlocal Agreement. The District has available to it several options of collecting its assessments whether they be Debt Service Assessments or Operation and Maintenance Assessments. The best way of collecting assessments available to us at this time is going through the County Property Appraiser and Revenue 2 10 May 28, 1997 I 6 G 2 Collector. That way our assessments get incorporated into the tax bill and the parcel owners are responsible for paying the tax bill in its entirety versus picking and choosing which portions they wish to pay. The collection is very good through that process versus doing it in-house where we would hove our own bill coming out of an accounting office, following through looking for collection and the placement of a lien thereon and trying to foreclose on a lien. It is Staffs recommendation that the Board consider this interlocal Agreement for collection of assessments for Fiddler's Creek. Mr. Mullins asked is 2% standard in the industry? Is that what happens in every other jurisdiction? Mr. Petty replied yes and it is also stipulated in the statute what they can charge. There is also in the Agreement consideration which is also allowed them by statute that says if actual costs go above the 2%, they would bill us at whatever actual costs are. Mr. Mullins stated that interlocal Agreement was in last month's package. Mr. Riegelhaupt stated no it wasn't and we still haven't seen it. Mr. Petty stated I apologize that it wasn't sent out to you. If it is acceptable, may I continue this item to the next Board meeting and I will personally make sure that all of you receive a copy of the Agreement? Mr. Woodward stated please do. Mr. Mullins stated Item 4 is continued to the next meeting. We will move to Staff Reports. FIPTH ORDER OF BUSIN~ Staff Reports A. ARomey Mr. Pires stated there is nothing to report at this meeting. Mr. Olson stated you were going to get us a list of the contracts. Mr. Pires stated I was out of town for a week and a half. Mr. Olson a:;ked will you make sure that we have that for the next meeting? Mr. Pires replied yc,~ I will. B. Engineer Mr. Cole stated I don't have anything new to report since the last meeting. Things are proceeding as I had discussed at the last meeting. If you have any questions, I will be happy to entertain those. Mr. Mullins asked in your construction time table have you accounted for weather changes in the summer, rain and so forth? 11 May 28, 1997 16G 2 Mr. Cole replied I have not developed any schedules as the Engineer. That would be more of a question for the Developer. Mr. Strain stated those things have been taken into consideration. We have a schedule that contemplates completion by the end of the year. That schedule is still holding. If we get a bad rainy season during the summer months, we can forestall five or six days of it but if it goes on beyond that, it will push us beyond the schedule. Regardless, the areas that would be non-complete areas are areas that are non-essential to the completion dates of the housing and the residential areas that are being built so overall we are in good shape schedule-wise. By the middle of June we will have paved from the entire length of Mulberry Lane with the exception of the median connection to Championship which will be a temporary connection while Championship is relocated. We will have paved Fiddler's Creek Parkway at the intersection of Mulberry and Championship and we will have paved all of the inner parcels, which aren't part of the C.D.D., but just for reference, all of the infrastructure parcels and the School Board property which is 49, 50 and 51. That will open up approximately a little over 325 lots. Mr. Mullins asked are there any questions? Mr. Minor stated I have a question for Mr. Cole. Mr. Strain talks about units and roads and he knows exactly what he is talking about, we don't. Is there something that you can send us that is 11 x 17 that I can carry to the meetings and pull out when we talk about things like that? Mr. Strain stated I have something that might work better for you on past projects. Every time there is a Board meeting, I can take an 11 x 17 site plan of the project and higklight the areas completed. I have done that for other Boards and it has always worked out well. Mr. Minor stated that is a good idea. Mr. Mullins stated please show the areas completed since the last meeting. Mr. Strain stated I will color key it. I will have that for the next meeting and I haven't forgotten your aerial photographs. I will have a book of those for your next meeting and if Mr. Pires has some time, we can put together the contract booklet for you as well. C. Manager There not being any, the next item followed. 16G 2 May 28, 1997 SIXTH ORDFAt OF BUSINESS Supervlsor's Requests and Audience Comments Mr. Mullins asked are there any Supervisor's requests? Mr. Strain asked did I give you a logo for Fiddler's Creek? Mr. Petty stated the District can't use the same logo as the Developer but the Board can certainly consider a logo that they think is appropriate. Mr. Riegelhaupt stated perhaps the Developer can design two logos, one for the District as well as the Developer. ~ ORDER OF BUSI1NESS Approval of Funding Request No. 12 Mr. Mullins stated Funding Request No 12 is in the total amount of $5,280.00. Are there any questions or comments? Mr. Olson stated the only question is that you do have some office expenses listed. We are just paying a prorated share of what is expensed out for other projects you are working on? Mr. Petty replied that is correct. Mr. Riegelhaupt stated you are talking about strictly office expenses. Mr. Olson stated reimbursement for printer cartridge and things like that. Mr. Olson stated under your Revenue and Expense Statement, you have Total General Government. What is that $6,708.00 for? Mr. Petty stated that is everything under that General Government Services category such as Legislative, Executive, Administrative and Street Light. If you notice Total General Government matches Total Administrative. That is a summary of everything above it. Mr. Mullins stated it' there is no more discussion, may I have a motion to approve the Funding Request No. 12. On MOTION by Mr. Minor"s"~'c%'de'a b'y Mr. Woodward~ with al_l.in..favor Funding ,Req, u,e,s,t, No, 12 ,we, ye,approved.]. Mr. Mullins asked is there any other business? Mr. Olson stated I have a request that before they submit the next Revenue and Expense Statement, they simplify it for us non-accountants. Once again, the numbers don't seem to jibe. Either the pages are out of order or they are not labeled properly. Mr. Petty asked is it the Year-To-Date summary that you need a better format on because that is possible? What you see is a short summary format. 16G 2 May 28, 1997 Mr. Olson stated yes, that would help. Mr. Mullins stated what might help is if you gave numbers or letters to the broad categories for ease of reference. Mr. Petty stated again, we are going by General Accounting Practices mandated by the State of Florida in our computer program and you are seeing a summary out of there. Those numbers can come back and be shown against the Budget which makes more sense on your considerations so we can certainly do that. ibn MOTION bf'l~lr. Minor sec~r{ded'b~ Mr. Riegelhaup~ with all in favor the meeting was adjourned at 10:40 Assistant Secretary Wednesday May 28, 1997 10:00 A.M. o AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 T~mi~mi Trail North 4th Floor - Larson Room Naples, Florida 33940 Roll Call Approval of the Minutes of the April 23, 1997 Meeting Distribution and Discussion of the Proposed Budget for Fiscal Year 1997-98 and Consideration of Resolution 97-4 Approving the Budget and Setting the Public Hearing Consideration of Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments Staff Reports A. Attorney B. Engineer C. Manager Supe~visor's Requests and Audience Comments Approval of Funding Request No. 12 Adjournment 16G 2 Naples OatLy News Naples, FL 33940 Affidavit of Publicaticn FIDOLER'S CREEK CO+IMUN[TY OEV. OXSTR[CT - GARY MOYER 10300 Nt~ 11TH MANOR CORAL SPRINGS FL 33071 REFEREHCE: 052301 5749C.~F:~0 Notice Of Meeting Fi State cf FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath saTs that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising ~as published in said newspaper o~ dates listed. Affiant further says that the said Naples Paity News is a newspaper published et Naples, in said Collier County, Florida, and that the said newspaper has heretofore beet~ continuously published in said Collier County, Florida, each day and has been entered as second matter at the post office in NapLea, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any perscn, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/21 AD SPACE: 4.750 IHCH FILED Owl: 05/21/97 Notice Of Meeting Fimlier's Cyeek Community In'korovemefll Oistrid T~e regul~ meeting of the Boo'a of visors 0f the Fiddler's O'ee~ Communii'/ Development Dislfld is s~ to be held WednesO:w, ~ 2~, 1997 at 10:0Q in me NorYne~n Trust Bank Building, 40~1 Tamiami Trail Nodln, 41'h Floor, The Larson Room, Naples, Florida. The meeting is ooen to the public and will be cond~ in accordance with me provisiom of F!oriao Lcrw for Community Devek~me~t District. A co~v of the agenda for ,"his meeting mo,/ be obtained fi'om ~ L Mover, 10300 N. W. 11 Manor, Coral Springs, Florida 3307 I. Thee may be occasions when one or more Supervisors will particil~e by tele- phone. At the above location th~'e will be present a speaker ~lei~e so that on,/ in. terested ~ con attend ~e meeting at It he above location and be fully informed ot"J the discussions taking pkx:e eith~ in pet'-" son or by telePho~ communtcatlo~ Any pefson requirin~ ~ occom-" rnodx~o~s at this meeting because of a dis-j obilib/ or physical impairment Should° contact the Dlstrid Offlc~ at (954) at least five calendar Oars prt~' lo ~e': meeting. Each person who deci~s to op~eal any.'. decision made by the Board with re-.. spect to on'/ matter conskiefed ai' me"'- meeting is odvised that person will reed'. o record of the proceedings and thai, accordingly, the i>ert, o~ may need to en. sure thor a vertx~l'1 record of the pro- ceedings is mad~, including the testimony and evicence upon which such op~eal is to be Ix~ ed. Go~¥ L. Mover ,,,~anager .Var 21 NO. IOQ3519 Signature of Affiant Sworn to and Subscribed before me this -- day of 19 Personally known by me 16G 2 ~LUTION 97-4 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1998 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORmA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for Fiscal Year 1998; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT; 1. The operating budget proposed by the District Manager for Fiscal Year 1998 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: July 30, 1997 Hour: 10:00 A.M. Place: Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 33940 Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 28th day of May, 1997. L ~'rry / Paul Riegelhaupt-~" Assistant Secretary 16G 2 COMMUnity Development DisTriCT Proposed Budget Fiscal Year 1998 May 23,1997 Fiddler's Creek Community Development District l:'ropbsed Budget Fiscal Year 1998 May Z3,1997 Table of Contents 16G 2 Section Section 2 Section 3 Background Irdormatio Facilities of the Diatrict Financing Stnactta~ Maintenance of the Improvements General Fund Budget Summary Appropriationa Projections Administration ?er~onal Sea-vic~ Professional Services Administrative Services Field Land.w. ape Maintenance Secuxity Services Street Lighting Services Street Sweeping Services Capital Outlay Other Fees & Charges Debt Sea'vice Fund Budget Summary Appropriations Statement of Revenue, Expenditures and Change~ in Fund Balance Revenue Summary Reserve Account Debt Service Accounts Appropriations Debt Service Other Fees & Charges 1 1 1 1 2 2-3 4 4-5 5 6 6 7 7 7 7 8 8 9 9 10 11 11 12 12 Fiddler's Creek Community Development District Budget Fiscal Year 1998 BACKGROUND INFORMATION The Fiddler's Creek Community Development District (District) is a local, special purpose goverrunemt authorized by Chapter 190, of the Florida Statutes as amended, as an alternative method for plarming, financing, acquiring, operating and maintaining community-wide infrastructure in planned communities. The District is a mechanism which provides a "solution" to the State's needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers. They represent a major advancement in Florida's effort to manage its growth effectively and efficiently. The District allows the community to set a higher standard for construction along with providing a long- term solution to the operation and maintenance of community amenities. The following report present~ the Budget of the District for Fiscal Year 1998, which begins on October 1, 1997. The Budget for the District is organized by f-and to segregate firm~cial resources and ensure that the segregated resources ate used for their intended purpose. FACILITIES OF THE District The improvements of the Fiddler's Creek CDD will consist of roadways, a storm-water management system (lake and water control structures), water and sewer facilities, street lighting, landscaping, entry features, walls, and related improvements. The District will retain on. going maintenance responsibilities for a portion of these facilities, such as the storm water management system, street lighting system and landscaping features wkich include the entry features and wails. The water and wastewater facilities will be conveyed to Collier County. FINANCING STRUCTURE The Fiddler's Creek Community Development District issued Special Assessment Revenue Bonds to finance the facilities described above, and are repaid th.rough an annual debt service payment assessed against each lot. This fi.xed yearly assessment varies according to the housing type in which you llve and the infrastructure benefit allocated to that housing type. MAINTEN~ OF THE IMPROVEMENTS Ia order to mainta~ the facilities, the Fiddler's Creek CDD each year conducts hearings to adopt an operating budget. This budget includes a detailed description of the maintenance program along with an estimate of the cost of the program. The funding of the maintenance budget is levied as an assessment on your property by the District Board of Supervisors. The assessment is ff~en transmitted to the Collier County Property Appraiser for extension on to the county tax roll for the year. The balance of this report contains these maintenance estimates for Fiscal Year 1998. Community Development District Budget Fiscal Yeaz 1998 General Fund Budget Sumn~ary Revenue Projection~ Unappropriated Fund ~nte~est Lr~ome Assessm~t Levy Appropriations Projecfion~ Ad. ministration Personal Services Professional Services Engineering Audi~ Arbitrage Rebate ~lculation Management Trmtee Fees Administrative Services Telephone Postage & Reprodu~ion Printing & Binding I~g~l Adv~ising Office Supplie~ Computer Services Subscriptions & Member~hips Offi~ Spa~ R~n~! Total Revenue: $747,5'28 SlO,O00 $18,000 Sl,600 Sl,500 $4,8O0 $7,5OO Landscaping Maintenance Other Con=ac'mai Improvements & Renovations Other Maintenance Irrigation Electric Service Irrigation Water Fees Repairs & Maintenance Other Contractual $130,000 Fiddle s Creek Communt~ O~elopm~nt Dimtrict Budget Fiscal Year 1998 General Fund 'Budget Summar~ 5~eet Ligh~ng Services Repairs & Maintenance Electric Service Street Sweeping ServJ~ces_ Other Contractual Services Aquatic Services Other Contractual Serv~_'c~__ Confingendes Capital Outlay Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve 16G Total Appropriation~ 2 $22,276 $14,851 $30,939 $747,~28 Community Development District Personal Services Budget Fiscal Year 1998 General Fund The amount paid to each Supervisor for the time devoted to the Distri~ business and monthly meetings. The amount permitted is $200 per meeting for each member of the Board. Generally, the Board of Supervisors meet once a month throughout the Fiscal Year. $12,000 Professional Services Consists of attendance at ~cheduled meetings of the Board of Supervisor's, offering advice and consrdtation on all matters related to the works of the District, such as Bids for yearly contracts, operating policy, complia.nce with regulatory permits, etc.. Requirements for legal services are estimated at an annual expendivare of $15,000, and cover such items a~ attendance at ~,heduled meetings of the Board of Supervisor's, Contract preparation and review, etc.. Audit The District is required to annually undertake an independent examination of its books, records and accounting procedures. This audit is conducted pursuant to State Law and the Rules of the Auditor General. Additionally, the District is required to prepare Arbi~age Rebate Calculations for each of its Bond Issues, in accordance with the Tax Reform Act of 1986. Audit Fees: $5,500 Arbitrage Fees: $3~,00 Totak $9,000 Management The Dis~ct retains the services of a consulting manager, who is responsible for the daily administration of the District business, including any and aH financial work related to the Bond Funds, General Funds and Capital Project Funds of the District, and preparation of the minutes of the Board of Supervisor's. In addition, the District Manager prepares the Annual Budget(s), implements aH policies of the Board of Supervisor's, a.nd attends all meetings of the [k')ard of Supervisor's. The amount recommended for FY 1998 is $34,650.00 $1o,ooo S18,000 Community Development District Budget Fiscal Year 1998 General Fund 16G 2 Professional Services (Continued) Trustee In 1991, the District issued Bonds for the consh'ucfion of its Facilities. Pursuant to the Bond Resolution, a Trustee was selected to administer the various accounts established pursuant to the Trust Indenture. Administrative Services: General operation and overhead __ec~_t~ assodated with the day to day admirfistrative duties of the District. Telephone Postage & Reproduction Printing & Binding Legal Adverting Office Expenses & Supplies Computer Services Subscriptic~s & Memberships Office Space Rental $50O $60O $1,600 $60O S3,600 The District maintains a general liabJ. I/ty policy and Public Officials Liab/lity and for Fiscal Year 1998 the projected premiums are as follows: Public O/fich]s Liability: $2,500 General L/abEity: $5,000 Total: $7,500 Total Administration: $/09,050 Community Development District Budget Fiscal Year 1998 General Fund 16G Landscape Maintenance Other Contractual Services The District malntairts a landscape contract with a qualified Landscaping Company which provides labor and ~ equipment for the landscape maintenance of the Fiddler's Creek Commur~ty. Improvements & Renovatiorm The District's Landscape Program anti, pates the need for tree and shrubbe'ry replacement due to pests, accident, storm damage, etc. along with fund allocations for annual flowers for entry impact throughout the year. Other Maintenance This category anticipated the expenditure of funds on small repair and maintenance items not covered under the landscape contract. Irrigation Electric Service Tim Landscape Program includes the operation and maintenance of the fight-of-way irrigation system including the operation of the high service pumps. It is projected that the foUowing funds will be required for electric service charges incurred. Irrigation Water Fees The District wLll be receiving effluent re-me water from Collier County for irrigation purpose~ of the right-of-way per the County's effluent re-use rates and fees. It is anticipated that the following funds will be required to meet the irrigation needs of the District. 2 $1200 Security Services Repairs & Maintenance Allocation of funds for the routine repair and maintenance of Security related equipment is recommended for this Fiscal Year. Other Contractual Services The District's Security Program is Lmplemented through a qualLfied Security contractor on an annual basis which contract requires the following funds. $130,000 Budget Fiscal Year 1998 ' General Fund Street Lighting Services Repairs & Maintenance It is anticipated that the following funds will be required for the routine repaired maintenance of the District's Street Lighting system. The street light electric charges a?e to be billed on a monthly basis with a fixed per pole and luminaire type charge.~;~is recommended that the following funds be allocated for this F'~scal Year. Street Sweeping Servicea Other Contractual Services The District contracl3 this program through a qualified contractor on an annual basis. The following funds are recommend for this Fiscal Year to implement the District's Street Sweeping Program. Aquatic Maintenance Other Contractual Services The District contracts this program through a qualified contractor on an annual basis. The following funds are recommend for this Fiscal Year to implement the District's Aquatic Maintenance Program. $16,.500 Contingencies For those Field items which may not be projected but may require District action to address, it is recommended that funds equal to 5% of the Field Operations be set aside and used for such contingencies. Total Field: F'uldlef s creek Community Development District Budget Fiscal Year 1998 General Fund 16G 2 Capital Outlay Their are no Capital Outlay requirements for Fiscal Year 1998. Other Fees & Charges Tax Collector Fees are based on FLscal Year 1998 assessments to be collected. The Tax Collector charges three (3) pe~cea~t of the assessments collected. Property Appraiser Fees are based on Fiw. al Yea~ 1~98 $~a~en~ to be collected. The Tax Collector charge~ two (2) percent ot the a$$e~ments collected. Revenue Reserve PLu'~ant to State Law, the Diatrict i~ pe,-zrLitted to appropriate 96% of estimated revenues, which will covet discounts and non-payment of assessments. Total Other Fees & Charg~ $22.276 S14,851 Total Appropriation~ $747,S2~ Fiddler's Creek community Development DletHct Budget Fiscal Year 1998 Debt Service Fund Revenues: Unappropriated Fund Balance-October 1, 1997 Assessment Levy Interest Income Total Revenue: $265T680 . $11569,435, Appropriations: Debt Service: Principal Debt Retirement Interest Expense Total Debt Service: $0 $1,515T750. $1,515,750 ! Other Feee & Charges Tax Collector Property Appraiser Revenue Reserve Total Feee & Charges: $15,180 $7,513 $30,992. $53,685 I! Total Appropriations: $1~569,435, Community Development District Budget Flscal Year 199e Debt Service Fund Statement of Revenue, Expendlturea and Changes In Fund Balance For tho Fiscal Year Ending September 30, 1997 Actual Anticipated Total Budget Received or Expended Rscal Year FY 97 4/30/97 Thru 9/30/97 1997 Revenues: Unappropriated Fund Balance $ 0 $ 0 $ 0 $ 0 Principal Prepayments $ 0 $ 0 $ 0 $ 0 Bond Proceeds $4,697,060 $4,897,060 $0 $4,697,060 Interest Income $188,000 $89.168 $98,832 $188,000 Total Revenue ,~$,4,~85,080 $4,786,228 $98,832 $4,885,060 Appropriations: Prtndpal Prepayments $ 0 $ 0 $ 0 $ 0 Prindpal Retirement $ 0 $ 0 $ 0 $ 0 Interest Expense $631,563 $0 $631,563 $631,563 Total Appropriations $631,563 $0 $631,563 $631.563 Net Income $4,253,497 Fund Balance September 30, 1996 (Actual) Reserved for Debt Service(All Years) Reserved for Debt Servtce(FtscaJ Year 1999): PHnclpal on B<:mds Due 11/1/98 Interest Expense Due 11/1/98 Unappropriated Fund Balance September 30, 1997 $0 $757,875 $0 $1,953,375 $757.875 Variance Favorable (Unfavorable) $0 $0 $0 $0 $0 $0 $0 $0 $0 u aters Cree/ Community Dev. Iopment District Budget Fiscal Yesr 1998 Debt Servtce Fund 16G 2 Revenue Summary: Reserve Account: The Bond Resolution authorizing the issuance of the Series 1996 Bonds established this account a~d provide~ that the Bead Reserve Requirement shell be an amount equal to the maximum amount of principal installments and Interest payabio in any year on ~ bonds outstazx:ling. The monies in the Reserve Account, to the extent of the bond reaerve requirement, am not available for any purpose other than the payment of the principal Installment and Interest on the bonds Reserve Requirement $1,953,375 The District has Invested the reserve funds In the following: US Treasury Moncw Market 5.000% $1,960,593 $1,960,593 These investments are In accordance with those Permitted as outlined in the Bond Indenture Debt Service Accounts: The Bond Indenture authorizing the i~uance of the Series 1996 Bonds establisl~d six (6) Debt Service Accounts to track the flow of funds from the receipt of m/dnies through the Payment of Debt Service. The following are the accounts which ~,ave been established pursuant to the Bond Indenture. ~ Interest Bond Sinking Interest Account Redemption Account Prepayment Sub-account Reserve Account Revenue Accouat Rebate Account $0 $0 $o $o $98,030 $69,650 $O $167,880 $98,ooo $167,680 Fiddler's Creek Community Development Olltrlct Budget Fiscal Year 1998 Debt Service Fund 16G Appropriations: Debt Service Principal Retirement- November 1, 1997 $0 $1,515,750 Interest Expense for the period ending November 1, 1997 for the period ending May 1, 1998 Total Interest Expense: $757,875 $757,875 $1,515,750 Other Fees & Charges: Tax Collector Fees are based on Fiscal Year 1998 Assessments to be collected. The Tax Collector"s fees are two (2) percent of the assessments collected. $15,180 Property Appraiser Fees are based on Fiscal Year 1998 Assessments to be collected. The Property Appraiser's fees are one (1) percent of the assessments collected. $7,513 Revenue Reserve The District currently reserves, and State Law permits the Distdct to appropriate96% of estimated revenues, which will cover discounts and non payment of assessments, Total Other Fees & Charges Total Appropriations $30,992 $53T685 _ $1,569,435_ Fiddler's C~ek Communi~t,nt District May 07. 1997 Gulf Bay Communities 4001 Tamlaml Trail North Suite 350 Naples. Fl. 33940 Attention: Anthony DtNardo Dear Mr. DlNardo The current funding requirement for the Fiddler's Creek CommunitY Development District necessary to pay the following. Pay Request # 12 #4-I 10-59.398 3/19 Service #4-117-71815 3/27 Service #4-132-39477 4/10 & 4/14 Service #4- 138-14288 4/17 & 4/18 Service #57471991 4/23 Meeting NoUce /t006 4/97 Long Dtstance Faxes Reimb. Printer Cartridge Gax~ L. Mover. P.A. Reimb. 2/20 Fedex 4/97 Copy Charge 5/97 Manageme::: Fees 5/97 Rent 4/97 Po.stage Charge Statement #8 3/97 Representation Board of 5uv~rviso~ 4/23 Meeting 5 Supervisor's @ $200 Torsi Request: $,38.28 $8.93 $19.90 $19.90 $7.45 $24.99 $10.15 $24.97 $2.750.00 $200.00 $19,47 $ 1,093.22 $1,000.00 $5,280.26 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 10300 N.W. 11th Msnor Cor~l Springs, Fl. 33071 Accordingly, It would be appropriate for Gulf Bay Communities to fund these items at your earliest convenience. Thank you for your attention to this matter and If you have any questions, please let me know. In the meantime. I remain. 2 Yours sincerely, Randolph G. White Director of Accounting 16G 2 0 0 ~ 00o. 0° oO o. 16G 2 16G 2 16G GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY ° NAPLES, FLORIDA 34116-6901 (941) 455-2121 ' FAX (941) 455-7917 2 MEMORANDUM DATE: TO: FROM: SUBJECT: RECEIVED 1997 September 25, 1997 Board of Count3 Commissioners Derek M. Johnssen General Accounting Manager Clerk of Circuit Court, Finance Department Donald R. Peterson~ Fire chief Special District Reports The Golden Gate Fire District is in receipt of your letter dated September 9, 1997 regarding receipt status of required reporting to local government by independent special districts. All of the required reports, except for the proposed 1997/98 budget and the 1997/98 schedule of regular meetings, were filed with the Clerk of Circuit Court, Finance Department as follows: FYE 9/30/96 Management Letter - was mailed certified, return receipt requested (have signed return receipt) on 3/20/97. The management letter was part of the 9/30/96 financial report package. FYE 9/30/96 Rebuttal to Management Letter - was mailed certified, return receipt requested (have signed return receipt) on 3/20/97. FYE 9/30/96 Description of Outstanding Bonds - was hand delivered by chief Peterson on 10/7/96. above ~s~ ~e~ts and ,,Acknowledgement of 1~ ar--~ttached to tnls memo. copies of the 1997/98 budget and 1997/98 schedule of regular meetings will be hand delivered on 9/25/97. lo: December 13, 1996 MANAGEMENT LETTER_ 16G 2 Board of Commissioners Golden Gate Fire Control and Rescue District Naples, Florida Commissioners: This letter is in regard to the accountants' report on internal control and is prepared in accordance with the Rules of the Auditors General Chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of the date of this letter. The District will prepare the financial report and it will be in agreement with the annual financial audit report for the period ended September 30, 1996. I. R___EC__._OMMENDATIONS. FROM CURRENT YEAR'S AUDIT: There were no reportable conditions identified for fiscal 1996. '¥ II. DI.__~STRICT'S ABILITY TO CONTINUE Dudng our audit of the general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, as of and for the year ended September 30, 1996, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.550. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. Golden Gate Fire Control and Rescue District December 13, 1996 Page 2 We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during our engagement. Should you have any further questions as to this letter, please feel free to call us. Very truly yours, WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants -17- 16{ m2 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455.-7917 March 17, 1997 Auditor General's Office P.O. Box 1735 Tallahassee, Florida 32302-1735 Dear Sir/Madam: The firm of Wentzel, Berry & Alvarez, P.A. recently did a 1995/96 fiscal year audit on the Golden Gate Fire Control & Rescue District. The audit report was received by the Fire District on February 25, 1997. The Board of Fire Commissioners were provided copies of the report for their review. At the regular Commission Meeting held on March 12, 1997, the Board of Fire Commissioners made a motion, which was unanimously approved, to accept the 1995/96 audit report as presented. As a matter of record, the Golden Gate Fire Control & Rescue District intends to comply with the Rules of the Auditor General Chapter 10.550. REGARDING RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT: There were no management comments for fiscal year end 1996. STATUS OF PRIOR YEAR RECOMMENDATIONS: There were no management comments for fiscal year e[~d 1995. Sincerely, Robert M. Mast, Chairman Board of Fire Commissioners RMM/pm GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES. FLORIDA 3399~1 (813) 455-2121 · FAX (813) 455-7917 September 30, 1996 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Rd., Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Brock: As of September 30, 1996, the Golden Gate Fire Control & Rescue District does not have any outstanding bonds. Sincerely, Donald R. Peterson Fire Chief DRP/pm 16G 2 ITl BEQUIRED REPORTING TO LOCAL GOVERNMEN'['_ Golden Gate Fire Control & Rescue District ~(~KNOWLEDGEMENT OF RE(;EiPT Hame ot Reoort Annual Financial Repo~ (s189.418) Audit (s189.418) Management Letter (s189.418) Rebuttal to Management Lette~ (s189.418) Budget (s189.418) District Map (s189.418) Registered Offic~ and Agent (s189.416) Schedule of Regular Meetings (s189.417} Public Fadlities Report (s189.415) Description of Outstanding Bonds (s189.418) B~uired Date ~re~uen(;'~ March 31, 1997 Annually Sel:xernbe~ 30, 1997 Annually September' 30, 1997 Annually Sel:Xember 30, 1997 Annually Sep~embe~ 1, 1997 Annually Octobe~ 1, 1997 Annually Octobe~ 1, 1997 Annually September 30, 1997 Annually March 1, 1997 Annually Septembe¢ 30, 19'97 Annually Stylus Y Y N N N Y Y N Y N ~portin~l Period_ FYE 9/30/96 F'YE 9/30/9~ F-YE 9/30/96 FYE 9/3o/96 Proposed 1997-1998 1997-1998 1997-1998 1997-1998 F'YE 9130/96 Filed = Y Not Filed = N Your response is requested 16L ? GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY ° NAPLES, FLORIDA 34116.6901 (941) 455-2121 · FAX (941) 455-7917 September 25, 1997 Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Sir/Madam: This is to advise that I, Donald R. Peterson, am still the Registered Agent for the Golden Gate Fire District and have been since 7/31/90. A copy of the "Designation of Registered Agent" form filed with the Department of Community Affairs is attached. Sincerely, Donald R. Peterson Fire Chief DRP/pm Attachment Golden Gate Fire Control 1and Rescue District 16G, 2 DESIGNATION OF REGISTERED AGENT Golden Gate Fire Control and Rescue District ( Di =_-~-i c t---N ane ) r~ ~89 O0~ Florida Statutes, hereb'/ designates pursuant to _.,apte- - · , as its registered Donald R. Peterson -- agent upon whom any process, notice or-~nd required or permitted by law may be served and designates 4741 Golden____Gate ParkwaYt N. aples_, FL (Street Address) 33999 as the registered office of the said District. .~cu This designation shall be filed with the Clerk, C~ it Court in the County or Counties in which the District is located and the State Department of Veteran and Community Affairs. Golden Gate Fire Control & Rescue Distric ~ "(District Name~ ACCEPTANCE The undersiqned hereby accepts the above desiqnatzon and agrees to serve in such cap-~city as o~ the 31st day of ~ -' 1990. Donald R. Pete[s.on__ Typed or ~,r~nted name S i g- a tufa 9/25/97 Golden Gate Fire Control & Rescue District FIRE DISTRICT MAP No changes haue been made to the District's boundaries since filing map in March 1997. ..LEE _C _~0_.~ N.T Y ,0 ,F?, 17 16 15 i ~4 13 , 21 22 23 24 I 2~ 27 18 19 i 33 34 35 ol 31 , 32 31 RD ' 6 i 5 ~z 2 ~ 6 '~ DAVIS 28 ?3 2 1 14 23 24 i 19 , 20 ~ 21 , 22 23 PLES-IMMOKALEE I ~ 27 26 35 33 I 4 26 16 I 15 )IL 2O 11 21 22 i 28 27 33 34 22 23 27 26 29 16 21 2~ 32 33 'R 5 4 15 22 27 23 26 35 25 __1--! 34 35 3 2 --LO 11 14 1 ?2 23 26 2 16G 2 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY ° NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 September 25, 1997 Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Sir/Madam: The Golden Gate Fire Control & Rescue District Commissioners, during the September 10, 1997 meeting, have established the second Wednesday of every month for their regular meetings. The following is a list of the regular fire commission meeting dates for fiscal year 1997/98: October 08, 1997 November 12, 1997 December 10, 1997 January 14, 1998 February 11, 1998 March 11, 1998 April 08, 1998 May 13, 1998 June 10, 1998 July 08, 1998 August 12, 1998 September 09, 1998 All meetings will be held at the fire station located at 4741 Golden Gate Parkway and will commence at 6:30 P.M. Sincerely, Donald R. Peterson Fire Chief DRP/pm GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 September 25, 1997 Clerk of the Circuit Court Finance Department 2671 Airport Rd., Court Plaza Naples, Florida 34112 III Dear Sir/Madam: As of September 30, 1997, the Golden Gate Fire District does not have any outstanding bonds. Sincerely, Donald R. Peterson Fire Chief Control Rescue DRP/pm 1997/98 BUDGET REVENUE.XLS z 0 U (10/1/97) 3 REVENUE ESTIMATE 1997/98 4' 6 1996197 1997198 ...... 7 TYPE REVENUE BUDGET - BUDGET 11 kD VALOREM TAX $1,121,040.00 $1,185,958.00" 14 INVESTMENTS I $20,000.00 ~-~0~-0~ ~..00 19 DONATIONS .............. ~ $100.00 $100.00 ~ 20 2~ T~¢¢¢~'~o~ ¢~E ~ ........... ~5,~0~.~08 ~' SS,0oo.o0 22 ~ 23 BURN PERMIT FEES j $2,000.00.~ $2,000.00 24 ......................... ~ ............ ]~:'- 2~ F/F COMPENSATION .... $11320.00 ~ $1,320.00 29 CARRY FORWARD $532,717.00 ....... 30 34 GENE~L FUND TOTAL 35 (OPE~TING BUDGE~ $1,770,727.00 $1,769,128.00 38 IMPACT FEES 39 (CAPITAL IMPRO~MEN~ 40 41 IMPACT FEE REVENUE $2~,000.~ $200,000.00 42 43 CARRY FORWARD ~ (IMPACT FEES) ~00,000.00 .... $~76.,~:0~0_ 4s 48 IMPACT FEE TOTAL ...................... ~ 49 (CAPITAL MPROVEMEN~ $800 000.001. $1,076,000.00 ! 53 ~~E~ .......... $2,570,727.00I $2,845,~28.00] GOLDEN GATE FIRE CONT]:~L & RESCUE DISTRICT 474~ Golde,~ Gate Pad<way Na~es, FL 34116-6901 Page 1 BUDGET,XLS A I I C I D E 1 -~C-O--D-E--i ......... -DE-SC-RIp-TI°-N- .... t GEN. FUND ~[ GEN. FUND IMPACT FEE 4 ~101 -- COMM. SA~RY ~ $1,800.00 [ ..... ~~d-] ....... _._ - 5 1~01 REGU~R' SA~RIES ' $587~516.00 L $689~9.0~_~'--'~--~-. ~ --~~ ........ ~~0~ {-~~Joo i ............ -'~ ~o~ {OVErTime- .......... ~ .... ~0,o00.0ol $~s,ooo.0o,~ .......... A ............ ~---~~ ~'---~,~ o0 ~ 10 2201 }REG. RETIREMENT ~ $159,~9.~._1 ~_~_~u60~:~__+ 12 2301 ~TH INSU~NCE [ ~9,728,00 $~22,998.00 ..~__ ~ ~ ~ UNEmPLOYmENT . ~ ~SS.00 $7S5.00[ - ~S --'~0~--- L~-~C~k ..... i $2s,000.00 $20,000.00 ~6 ~02 ~YS~C~AN~'F~'} ~ SO0.00 ~,S00.00 ~S -~b3 ~ ANNUAL AUmT ............... ~0~.0~ ...... $7,300.00 { ]9 ~0~ OUTSIDE S~]-~-- ............. $]b~60~6. ........ . ........... ~f~b~-~6: .... ..... i .... 20 J406 PROPER~ APP~ISER $11,190.00 ,11,890.00 '~ 21 3407 T~ COLLECTOR FEES ~ $22,1~.00i $23,719.00~ 23 ~oo~ T~VEL ~ ~,000.00 m~,000.00[ 2s .... ~TdS'-J ...................... { ............................. 26 POSTAGE & FRGHT: ............. [ ........ S).,~:~Q .... $~.,00~.'_0~ 27 4301 : ELECTRICI~ { ~,000.00 $8,000.00 ~8' - ~o2 T~SH~CKUP ~ ~S0.00~ $~Z0.00 [ 29 4303 WATER & 8EWER ~ $2,300.00 j $2,300.00 ~ ..... Nsu .c[ .... -i' . ~ -'-~]----ab-iCbTN-O-~a a ~ I s3,ooo.oo ! $~,ooo.oo i - - -. ...... I f .... 32 -'~'~'0'~--~[HT~E-~&-M ............ ~'~0d0~'~'°' {' '- {s-0~0°6:60~- 36 4606 OFFICE EQUIP. R&M { $2,200.00 ~ $1,100.00 37" 4701 PRINTING ~ $2,000.00 j $~,500.00 [ 38 4801 FIRE PREVENT. MATERIAL { $12,000.00 [ $12,000.00{~ 39 ~901 LEGAL ADS { $1,800.00 ', $1,855.00 t 40 .... ~'05---~I~R~blPMENT - ' ]" - $2,500.00 '= $2',500J0° ' GOLDEN GATE FIlE CONTROL & RESCUE DISTRICT 4741 Golden Gate Pa~way Naples, FL 34116-6901 Page1 BUDGET.XLS A I B C [ D E 41 CODE -i- DESCRIPTION GEN. FUND I GEN. FUND IMPACT FEE 43 ~-(~-'t ............. ~-- ~ OFFI~[ SUPPLIES ~ $2,200.00 ~__~ $2,000.0~ 45 5201 [CLOTHING & UNIFORMS $15,100.00 $13,000.00 ~ 5~02 ~FOODS ~ $2,000.~ $2,000.00 ~'_~ . ................... $23,0~.00 47 5203 'FUELS & LUBES $23,000.00 49 .__~05._. ~QTHE~-S~PPL~ES .............. $7,0~.00 ~_~~ MEDICAL SUPPLIES ~ s2o~ .................... [ ,2,ooo.oo 55 -~'--{C~0-NICA~'ioNEQUi67 .... ~'-~,~70~-~ ....... {0.~0-[_.'__ . ~ ~02 OFFICE EQUIPMEN~ ~ $10 0~.00 57 ~ OTHER EQUIPMENT ~ $13,500.00 j ...... ~:0~._; 58 ~06 VEHICLE PURCHASE ...... [ ~ 1~,0_~ ........... 59 ~10 IMPACT FEE EQUIPMENT 60 7103 INEW BUILDING STA. 70 ~,199.0~ $4,199.00 ~61 71~ ~IMPACT FEE NEW BLDG. 62 99o~ r~~Y-- ~3,ooo.o~ $3o,ooo.oo 63 9~02 RESERVE L~VE CREDITS $72 000.00 $72,000.00 65 9905 ]5% RESERVE ~8,536.00 $8~,~[ 66 -- 9-9-{~--- RES-~'RVEIM~ACT FEES ..................................... {~;06~'404'00 :72 ......... : GENE~L FUND TOTAL $1.~0.727.00 _~_.~69,_ ............. (OPE~TING B~E~ 73' ~ 74 75 ......... IMPACT FEE TO~AL' ..............................................~ _ .......................... [~-'~00:~-0 76 ........ ~ ~i-~P~-~-E-~-~b-~ G ET) 82 ..~ ............... 83 ~ ..... ; . 94 ............ [~b'~-AE-~UDGET 1997/98 ~ ; i $2;8~5'128'00 , GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 Golden Gate Parkway Naples, FL 34116-6901 Page 2 16G 2 Gartj L. Mouer, P.A. Development c~ Management Consultant '----- Land -- .-, r- tz:'''~ t~ Northuaest Eleuenth Manor ~.I'7. - - -1~,~ E21.~CoraI Springs, Florida 33071 (954) 753-0380 ocl 3 t 1997 Septemer 2, 1997 goard ol founts Com~,~ssioners Memorandum To: Clerk of the Circuit Court Finance Department do Timothy J. Oillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tarniami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held July 30, 1997 Gary L. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.D.D.) as referenced above. , ('~,'¢F~-. OLM/nk THE~AGEGBEENS coMMUNiTYDEVELOPIVIENTDISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Comm~mity Development District was held Monday, July 30, 1997 at 1:00 P.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Raymond Harris REph Klass Chairman Supervisor Supervisor Supervisor Supervisor Also present were; James P. Ward Andrew Solis Jack McKenna District Staff Attorney Engineer FIRST ORDER OF BUSINESS Roi1 Call Mr. Reinders called the meeting to order at 1:10 P.M. and stated the record will reflect that all Supervisors are present. SECO~ ORDER OF U.~ Approval of the l~Inutes of the April 3, April 4, April 10, April 21, June 9, June 18, and June 23, 1997 Meetings Mr. Reinders stated we have received copies of the listed minutes for review. Does anyone have additions, deletions or corrections to the minutes? Mr. Comeau stated there are a lot of grammatical changes. Do we need to go through all of those now or just forward them to you? Mr. Ward replied on the grammatical ones, if the Board can approve the minutes subject to the grammatical changes and you will transmit them to our office, we will include them. Mr. Comeau stated the only other one is on page 5 at the bottom where I am shown as speaking about "Eagle Point", it should have been Heritage Greens has finalized the Agreement with the County. Mr. Ward asked on what set of minutes was that? Mr. Comeau replied it was on page 5 of the April 4th minutes. The remainder were just grammatical cleanup, nominal issues. 16G 2 July 30, 1997 Mr. Reinders stated that is the first line of the last paragraph on page 5. Is there anything else of substance? Mr. Klass stated on page 1, it says "Klass was never with Barnett". Should that be Klass has never been with Boness? I ,m not sure what the comment was. Mr. Reinders stated I think that is correct. Is there anything else? If not, I will entertain a motion to approve the minutes as stated subject to such grammatical or scrivener's corrections as any of us may forward to the Manager in the course of the next week or so. Do ! have such motion? THIRD ORDER OF BUSINESS Update on Golf Course Development Funding Mr. Reinders stated I believe we have a public hearing coming up in a couple of weeks. Mr. Ward stated on your Fiscal Year 1998 Budget, you have a public hearing scheduled for Monday, August 18th, at nine o'clock. Mr. Reinders stated that is to get comments from the public. Are we going to act on the Budget at that time? Mr. Ward replied I would be requesting the Board to adopt the Budget at that meeting and to sign an Agreement with the Primary Developer to fund that budget. Mr. Harris stated that is the one that the Developer is obligated to pay. Mr. Ward stated that is correct. Mr. Harris stated I wanted to look into the overall management fees both for the Attorney and for the Engineer. They seem a little high in comparison to previous Boards I was a member of. Mr. Reinders stated bear in mind that it is a B~dget as opposed to any particular Agreement but I think that what we get in the way of services from those two entities, the District's ~.Engineer and the District's Counsel, are essentially on an hourly or time basis. 2 16G July 30, 1997 , Mr. Ward stated that is correct. Your Engineers and your Legal Counsel with respect to your General Fund Budget are paid on an hourly basis based upon the work that you have authorized for them. Our fee is a fixed fee contract subject to your approval each year pursuant to that Budget. If you have any questions about that, now would be the time to bring them up. Mr. Reinders stated that is part of the reason that I fielded the whole subject is to remind this Board that it will be called upon to adopt that Budget and if there is anything we need to look at, think about or investigate in the interim, we ought to get it on the table. Mr. Harris stated it was brought to my attention by Jack Solomon the fact that he would like to visit the Budget again on those two areas. I said we looked at those fees as being considerably lower than some. Mr. Reinders asked what are those numbers?. Let the record show that the Engineer Jack McKenna just joined the meeting. Mr. Comeau stated one of the things you might want to bring up is the commitment of the Developer to cover the cost of operating the C.D.D. dollar for dollar and just reimburse us for the dollars incurred and not guarantee for a particular Budget as you would if you were adopting assessments. Even if the Budget is higher than was anticipated, the point is the Developer is only paying for services rendered. Mr. Reinders stated typically those Developer contributions are spread over the course of the operating year anyway. Mr. Ward stated yes they are, they are not generally billed at the beginning of the year, they are billed on a monthly basis. Mr. Reinders stated if we were either over or under Budget, you would probably be correcting for that in the fourth quarter of the Fiscal Year involved. Mr. Ward stated under Budget is actually a good thing, you don't have to rebudget for that purpose. By law, you cannot go over the appropriated amount in your Budget without having a defined revenue source for that over-budgeting purpose so if we actually in some way went over the Budget in your General Fund, I would have to come back to you and say we are going to spend more money than we anticipated but here is where we are going to get the money and then you can spend it, otherwise, you wouldn't have the legal ability to spend it. Mr. Reinders stated in our case, the answer would be the source of the base Budget would be the source of the overruns. Mr. Ward stated that is correct. 2 3 July 30, 1997 Mr. Reinders stated I assume you do not have to have an additional public hearing for purposes of amending your Budget if you have overruns. Mr. Ward stated you do not. Mr. Reinders stated I suppose all of us have filed our financial disclosure forms and, for those of us who may have to do that, our continuing conflict forms. The Budget was in our meeting package the last time we looked at it on a preliminary basis and approved for purposes of setting the public hearing. The total as I recall was approximately $100,000.00. Mr. Harris asked do we know what meeting date that was so I could just pull out that file? Mr. Ward stated whatever the last meeting date was. Mr. Reinders stated we just approved minutes for June 23rd. There are a couple of things to bear in mind and then we will defer to our next meeting. One is the Budget; two, if there are overruns or shortfalls that can be adjusted in the fourth quarter of the Fiscal Year; three, remember when you look at other Districts' experiences that you are in the most active period of this District in terms of the actual installation of services, the turnover, title work and so forth. If you look at something for comparison purposes, I would look at a District in its initial year of service operation. I assume that any Supervisor who needs further detail or further understanding of the assumptions underlying the line item Budget amounts can get that from Mr. Ward's offices to prepare them for discussion on August 18th. Mr. Ward stated yes, I would request from each of you that if you have any questions relative to this Budget, and we need to change something, to please give me a call before we get to that meeting so that we can be in a position on that date to have a finalized Budget for Board consideration and adoption. That is your public hearing date and I will be asking you to adopt that Budget in its entirety on that date. Mr. Comeau asked what time is that hearing? Mr. Ward replied nine o'clock. Mr. Reinders stated other than that I wanted to re~-iew our general status and to find out if anyone had any special concerns or questions worthwhile looking at or in general open ourselves up to new business. I have a couple of quick comments. One, Mr. Ward, I was asked to inquire the status of the FP&L checks to expedite the servicing that they are doing. 4 DOCUMENT MISSING ITEM # 16G2 Page 5 July 30, 1997 , Mr. t~inders stated it' you can proceed on that assumption go ahead and work up all of the change orders. Obviously they won't, be reelected in the current draw but if we address them on the 18th, there will still be time to sort it out with Boness. We will look at all of that based on the fundamental methodology and the status and we will get caught up on our meeting of August 18th. As a matter of general comment, we have a few District bills. I believe Mr. Ward has received a fairly substantial payment from the Developer in the way of its contributions to the current Fiscal Year's Operating Expense and accordingly I assume that in short order we will be current. Mr. Ward stated yes, that is correct. Mr. Comeau asked how current are you? Mr. Ward replied I am not sure, I haven't been in the office the past few days so I have to find out how current we are. I will let everybody know by the 18th. Mr. Reinders stated that will include payment to the Supervisors as well. Mr. Ward stated we will pay everybody that we can pay. Mr. Harris stated we are in for preliminary acceptance of utilities in Phase lA. Counsel has to give satisfaction .to the Chairman on signing the Bill of Sale and other instruments. Presently, I have Mr. Farquhuar working on a few of them but some of them need to be addressed by your organization. Mr. McKenna stated I believe that the Attorney for the District needs to review those documents. They are basically Grants of Easement and such for the turnover process. They are standard County forms but they do need to have approval by the Attorney for the District prior to execution by the Chairman. Mr. Ward stated and by the Board. Mr. Harris stated I agree with that. They are standard forms of the County utilized for the benefit of acceptance. I would like to make sure that these documents are ready to be accepted on the 18th of August. Mr. McKenna asked is there any way we can get them before that? Mr. Harris stated we are hard pressed to get the preliminary acceptance of that phase of the project done. ~ Mr. Comeau asked when will you be ready to have all of these documents completed? Mr. Harris stated a week ago I know that Bruce Anderson got some of them. I guess in the next week or so, we would like to be able to submit them to the County. 6 2 July 30, 1997 Mr. McKenna stated that is correct. We need Board approval. Mr. Ward asked where did the money come from to pay for these facilities? Mr. Harris replied the C.D.D. pays for the facilities. Mr. Ward asked is this under an existing contract? Mr. Harris replied yes. Mr. Ward asked is it the Boness contract? Mr. Harris replied yes. This is strictly for the roadway and the infrastructure that facuhtate~ the needs of the residential community, nothing to do with the golf course. ~ Mr. l~einders stated t~his is acceptance by the County of the utilities for Phase lA and for that they w~ant their easement and their Bill of Sale. Mr. McKenna stated that is correct and it is standard boiler plate language. Mr. R. einders stated I assume the Developer's Counsel will be doing the title work and we will have the District Counsel review it. Mr. Harris stated their Counsel has to review the package. Mr. Reinders stated it has to come back to this Board for action and our Counsel is going to advise us if they find the documents are appropriate. Mr. Ward stated the normal process is that Mr. McKenna and his group should prepare all of the documents with the exception of the title work. It is generally the Developer's attorney's obligation to do the title work. Iqe sends the completed package to Mr. Anderson or Mr. Solis for review and approval and once they review it and approve it, at some point, the Board has to approve that and then it can go on to the County. You can generally approve it subject to your Attorney's review and approval of all of those documents or you can wait, whichever the case may be but that is the normal process. Mr. McKenna stated the documents have been prepared and forwarded to Mr. Anderson's office. The question now is, what can we do to expedite the Board's action on this document in lieu of waiting until the 18th? Mr. Reinders asked why don't we just take a motion that says that we approve them subject to confirmation from District Counsel that they are in appropriate form and content? IOn MOTION by Mr. Reinders seconded by 'l~r. Come~u'll with all in favor the documents for Phase lA Utilities]l were approved subject to confirmation from Districtll Counsel that they are in. appropriate form and content. 7 July 30, 1997 Mr. Reinders stated upon notification from Counsel's office that the documents have been reviewed and apP'roved, I will sign them. Mr. Harris stated I have already forwarded them over to John Farquhuar. He will do what he needs to do and get it back to you. Mr. McKenna stated I will make sure we have the papers prepared for the next meeting. Mr. Reinders asked can we also have a report as to where we are with respect to our total cost and Budget and a financial summary based on those change orders and proposed change orders if Mr. McKenna gives them to you a week ahead of time? Mr. Ward replied if Mr. McKenna can get the signed change orders and any proposed change orders to my office ten days before the meeting, I can prepare a relatively detailed financial report for you. Mr. Comeau stated things are going well on the project and we should have something officially put in the record as to where we are in the process. Mr. Reinders stated in general terms, we are proceeding in good form and fashion. Mr. McKenna stated I think the project has gone very smoothly from my point of view. The site looks good, it is well organized and construction is going well. Mr. Comeau asked is it on schedule? Mr. McKerma stated it is on schedule and we are very pleased with it. Mr. Reinders stated I don't think we have any financial surprises. A certain amount of change orders were anticipated from the beginning. We have a very adequate Budget in that we have a floating reimbursement in effect to the Developer based on where we end up. That final reimbursement doesn't happen until we settle up our affairs. I think we have very significant contingencies. Mr. Comeau Mr. Harris stated some of it is that we were running across the roadways with heavy equipment towards the golf course and we have now completed that portion of it. Mr. Comeau stated we should have a schedule for the official records. Mr. Reinders stated the pumps should arrive for irrigation purposes in the next day or two and will be powered up this week. It is expected that there will be twelve holes probably not later than the middle of September. Overall, it is just a week or two behind but that will be made up and it shouldn't affect the projected 16G 8 July 30, 1997 opening in January. The maintenance bUilding should be in a position to start in a few weeks. The start of the clubhouse has been curbed but all in all I think it is going well. C. Manager There not being any, the next item followed. ~ ORDER OF BUSINESS Supervisor's Requests and Audience Cov~ments Mr. Reinders asked are there any requests from our Supervisors? If not, we will move to item 6. SIXTH ORDER OF BUSINESS Consideration of Funding Requests 3, 4, 5&6 Mr. Reinders asked are there any questions on Funding Requests 3 through Mr. Solis stated I would like to make one minor report. Other than incLuding copies of this Community Development District Facilities Operation and Management Maintenance Agreement, we have nothing to report from the Attorney's Office but I will distribute copies of this and it is to be considered at the next meeting. Mr. Reinders stated we will review that and be in a position to address that at our meeting of the 18th. Incidentally I have been handed a copy of the proposed Budget for Fiscal Year 1998 and I am showing therein projected appropriations for Engineering and Legal at the rate of $20,000.00 a~iece. Does anyone want to comment on that? There has been an expression on be~half of the Developer that when you budget high, you perform high and I don't necessarily disagree with that comment. Like most things, work expands to fill the dollars allotted. Mr. Harris asked if you go over Budget, how do you allocate additional funds? Mr. Reinders replied we will send the Developer a bill in the fourth quarter. Mr. Harris stated it' you go over it, then you are over it. 9 July 30, 1997 ~-6 G Mr. Reinders stated I think we have an obligation to at least have a good faith Budget. Mr. Ward stated let me clarify for you, you cannot by law go over Budget without amending the Budget and amending the Developer's Agreement, so if the Board wants to lower whatever fee you want to lower that is fine but neither the Engineer nor the Attorney would literally be able to do the work until such time as the Board amended its Budget and it is not required that you do that at a public hearing, you just have to do it and then you would have to amend the Agreement with the Developer in order to provide for that increased Budget. That would generally happen in the fourth quarter because that is when you figure out that you did exceed the Budget. Mr. Reinders asked does anyone have any other experience they want to draw on? Mr. Ward what is your thinking? Mr. Ward replied to tell you the truth, the Engineering and the Legal are so controlled by the Board anyway in the early stages, I normally put fifteen or twenty thousand dollars in, and twenty thousand is more the norm these days, and for Engineering purposes almost all of the work that is done by the Engineer is related to the bond issue so you have contracts in place with him in any event for most of that so this is really for attendance at Board meetings. Legal is the same way. Most of the work that they do is really related to bond work and is charged off as such so lowering those two numbers if those are the ones that are bothersome to someone, that is probably not a large problem. Mr. Reinders stated then we should let it lie. Mr. Ward stated even it' you let it lie where it is the reality of the situation is you just don't end up spending it because the bills that come in are bond-related work and get charged off that way. Mr. Reinders stated as it stands now, we have approved this Budget for the purpose of public hearing and if we wanted to put something different forward at the public hearing, do we take some formal action at this point? Mr. Ward replied you don't need to take any formal action, you just need to tell me what you want to do so I can change it and have it ready for you at your public hearing. Mr. Comeau stated through July this is $56,802.13 and it actually shows that the overall expected expenditures for fids Fiscal Year will be about $97,000.00. Based on the financial statement that was provided in the agenda package, would 10 16G July 30, 1997 1 these costs that have been incurred so far to date for this Budget year be considered to be fair and reasonable? Mr. Ward replied yes, I think they are. Mr. Comeau stated it will be more than that because this is 5uly and our Fiscal Year runs from October to October. Mr. Ward stated from October 1st to September 30th. Mr. Comeau stated we are almost through the year and we have only spent $56,000.00 to date. Mr. Harris stated the reason it was brought up in discussion was the bond issues are in place and it is believed we are going to be spending this kind of money from this point forward. Mr. Reinders asked what do you want to do, change them to $10,000.00 each or $15,000.00 each? Mr. Harris stated I think $10,000.00 would be more in line. Mr. Reinders stated I think so much got charged up and closed out at the end of the bond closing that your Fiscal Year is really only about four months old. I don't see that this is a terribly big thing one way or the other and if it makes the Developer as the primary land holder at this point feel more comfortable, then we will make the Budget tighter and therefore hopefully perform tighter. Let me move this on the basis of $15,000.00 for Legal and $10,000.00 for Engineering. Does anyone want to second that motion? Mr. Reinders stated Mr. Ward, please redo that portion changing the $20,000.00 to $15,000.00 on the Legal and from $20,000.00 to $10,000.00 on the Engineering. Mr. Ward stated I will do that. Mr. Reinders asked are there any further matters to come before the Board? If not, I will entertain a motion to adjourn. 2 11 July 30, 1997 G--ary Moyer -- Secretary Chairman 12 Monday July 30, 1997 1:00 P.M. 16G AGENDA lqI~RITAGE G~ COMMUNITY DEVELOPM2ENT DISTRICT 277 N. Collier Boulevard Marco Island, Florida 11o11 Call Approval of the Minutes of the Ap.il 3, April 4, April 10, April 21, June 9, June 18, & June 23, 1997 Meetings Update on Golf Course Development Funding Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests 3, 4, 5, & 6 Adjournment 16G Naples, FL 339~' Afft~v~t of Publicatic~ Naples Daily HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT - J. WARD 10300 NW 11TH HAleR CORAL SPRiHGS FL 33071 REFERENCE: 027769 5753~238 NOTICE OF MEETING NE State of Florida County of Collier Before the undersigned authority, pers(mally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the N~ples Daily News, a daily newspaper published at Naples, in CoLLier County, Florida: that the attached copy of the advertising was publJ~hed in said newspaper on dates Listed Affiant further says that the amid Naples Daily Mews is a newspaper published at M~ples, in said Collier Co~Jnty, Florida, and that the said newspaper has heretofore been co~tinuo~aly published in said Collier County, Florida, each day and has been entered ss second class mail matter et the post office in Naplee, in said Collier County, Florida, for a period of 1 yemr next preceding the first publication of the attache~ copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, commission or refund for the purpose of securing this adverttsea~t for publication in the said newspaper. PUBLISHED ON: 07/23 · NOTlCE OF/~EET1NG .... HERITAGE GREENS CO//J,~UNITY DEVELOP/,~cNT DL~TR~ Ameettngditm6oarddS~tsm~'. ol~nent O~ ~11 be ~ on w ~ed~-~a~r. Ju~ 30, 1997 at 1~ P.~L at me offices ~-- Boulevard, Marco Island, Florida. The-.. siena of FI~ Lmv for C~nmu~/ De'~. xqe~e. At the al:x~ve ~ l'ne'e will be $o(1 ar by ~(4q:W~ ~ - -- Any pers(m requ~lr~ bl)~ty oF physical Impolremeni' ,J~ld ~ the Dish'id Ollk:e al (t~4) meeiir~. dedsk~ rncxle by i'he Bcxzd .wfth re--- a record of the proc~ c~d th~.- sure ~ a verbatim record of the prc~ ceedings Is made, Includfng testimony an~ evk~.~ce - AD SPACE: ~3.Ct~O INCH FILED ON: 07/23/97' Signature of Affiant Sworn to and Subscribed before me this . : day of 19- ' ') Personally known by me / ',. ' '' " ~' ~ Z ~' "~".. ~'7~-7.~'?" Febru.lr? lg. 2CC0 Herit~i~e Greens Community Development District April 10, 1997 16G The Ronto Group 277 North Collier Blvd. Marco Island, Fl. 34145 Attention: Subject:, Jack Solomon Heritage Greens Communlty Development District Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. #4-082-68543 2/19 Service #4-089-78800 3/3 Service #4-097-09220 3/11 Service Board of County Commissioners Recording Fee ~'amp& Palms CDD Reimburse for 12/27/96 Fedex C,,.oral Svrings lmvrovcment District #000540 Tapes #000530 Postage/Copies/Books #000644 Postage/Copies 5chultz. Chalpel & Co. Progress Billing 9/96 Financial Statements Indian Tr~ce CDD #M6 2/97 Long Distance Faxes #A7 3/97 Long Distance Faxes Reimburse for 1/27/97 Fedex Young. v~u Asseuder~ & Varnadoe. P.A. Statement #44 1/97 Representation Statment #45 2/97 Representation James P, Ward. Inc, 2/97 Postage Charge 3/97 Postage Charge gnu? I,~Igover. P.A. 2/97 Copy Charge 3/97 Copy Charge 3/97 Management Fees 3/97 Rent 3/97 Computer Service 4/97 Management Fees 4/97 Computer Service 4/97 Rent N~plcs DaU_v News # 1379630 4/3 Meeting Notice Pay Request #3 $15.81 $10.97 $8.93 $182.70 $15.50 $1.50 $73.28 $95.71 $3,750.00 $1.50 $17.00 $10.75 $1,557.50 $1,272.74 $19.03 $16.67 $24.24 $24.01 $2,666.67 $200.00 $500.0O S2,666.67 $500.00 $200.00 Total Request: $13,831.18 2 16G 2. Accordingly, it would be appropriate for The Ronto Group to fund these items at your earliest convenience. ': Thank you for your attention to this matter and ff you have any questions, please let me know. In the meantime, I remain, Send Check To: HeritAge Greens CDD c/o Rlmdy White 10300 N.W. 11th Manor Corsl Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting Heritage Greens Communit~ Develo]~ment District ~ay 08, lC~7 168 The Ronto Group 277 North Collier Blvd. Marco Island. Fl. 34145 Attention: J&ck Solomon Herltoge Oreens Community Development District Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. Pay Request #4 #4-117-71817 3/26 Service #4-117-71818 3/26 & 3/27 Service l~Iaples Daily News # 1379630 4/3 Meeting Notice JnmeS P. W~rd. Inc. 4/97 Postage Charge Oar~_ L. Mover. 4/97 Copy Charge 5/97 Rent lndtsn Tr~ce CDD 4/97 Long Distance Fax 4/97 Long Distance Fax (Dove Pointe)' Yo,m_~, tmn Assendero & Vs~nadoe, P.A, #46 3/97 Representation ~chultz. Chstvel & Co. # 1129000 Final Billing 9/30 Financial Statements Board of Suvervisors 1/23 & 1/31 Meeting 5 Supervisors @ $200 4/3, 4/4.4/10 & 4/21 Meeting 5 Supervisors @ $200 Torsi Request: $6.38 $28.32 $102.06 $27.32 $22.78 $200.00 $7.45 $7.95 $879.04 $1,250.00 $1,000.00 $1,000.00 $4,531.30 Accordingly, it would be appropriate for The Ronto Group to fund these items at your earliest convenience, Thank you for your attention to this matter and ff you have any questions, please let me know. In the meantime, I remain, Send Check To: Heritage Greens CDD 10300 N.W. 11th Manor Coral Springs, Fl. 33071 2 Yours sincerely, Randolph G. White Director of Accounting ~re~ns Communi~ment Di~tric~ ,June 05, 1997 The Ronto Group 277 North Collier Blvd. Marco Island, Fl. 34145 Jack Solomon Heritage Greens C~mmunity Development District Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. Pray Request #5 Gs.r~_ L, Mover. P.A, June '97 Fe~s May '97 Copy Charge June '97 Rent May '97 Computer Service June '97 Computer Service Yo-n?, v~n Assendero & Vsmsdoe, #47 4/1-4/23 Representation Cor~l 8vrLa~s Tmorovement District #000764 Postage/Copies/Fax/Books #000726 Postage/Copies ~lorid~ M"nlciosI Insurance Trust Insurance Billing 95/96 & 96/97 .}., Jsrn~ p. W~d, lllc, 5/97 Postage In~isn Tr~ce CDD #023 5/97 Long Distance Faxes (Dove Polnte) #026 5/97 Long Distance Faxes Total Request: $2.666.67 $21.43 $200.00 $500.00 $500.00 $1,079.26 $82.55 $109,12 $2,161.00 $16.72 $7.45 $8.45 $7,352.65 Accordingly, it would be appropriate for The Ronto Group to fund these items at your earliest convenience. Thank you for your attention to this matter and ffyou have any questions, please let me know. In the meantime. I remain, - Send ;~heck To: Herltag~reens CDD 10300 N.W. 11th Manor Coral Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting . Heritage Greens Community Development District July 8, 1997 16G The Po3nto Group 277 North Collier Blvd. Marco Island, Fl. 34145 Attention: Subie~ Jack 8olomon Heritage Greens Community Developmenf Dirh, lct Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. P~y R~quest #6 6/97 Meeting 4 Su~som Attended Supe~r Fe~ for July, August, ~tem~r, O~ober ~4-186-479~ 6/10 ~ce ~dt~ ~ce CDD ~041 (Dove Po~te) 6/97 ~ng Dls~ce F~ ~ce ~ 6/97 ~ng Dls~ F~ ~ce ~I ~s Im~m~ nt Dls~ct ~9 P~e/Copies ~0~74 Pos~ge/Copt~ G~ L, Move. P~ Ju~ '97 Fee June '97 PosSe Ch~ge June '97 Copy Ch~ge Ju~ '97 July '97 Computer ~mce ~gB. ~r & B~d~c ~07 Attend ~d MccUng, T~vcl, Mlsc Se~ce 2/11/97 ~ Attend ~d Meeting, ~avel, Mi~ ~m~ 3/21/97 ~0~ Attend ~d Meting, ~avel, Misc ~cc 4/25/97 J~ P. W~d. ~c. ~12 (15) Propo~d Budget Cove~ Navl~ D~v N~ ~ 14~50 6/9/97 MceUng No,ce To~ Request: $21.94 $7.45 $11.95 $7.46 $6.51 $2,666.67 $18.23 $30.07 $200.00 $500.00 $394.50 $252.75 $152.25 $7.5O $56.70 $9,133.98 Accordingly. It would be appropriate for The Ronto Group to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain. Herttsge' Greens CDD 10300 N.W. 11th Manor Coral Springs. FI. 33071 Yours sincerely. 2 Randolph G. White Director of Accounting 16G 2~ ,~' E E 0 16G 2 =) ~g ~ m · oo ~ o~00 oo ~ ~ O~ ~ 0~00 ~0 ~ ~ ~ ..a'o 16G 2 Z Z z 16G 2 Z 16G 2 FORM 8B MEMORANDUM OF VOTING c;ONFLlCT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS WHICH VOI'E O('CURR ED ~AI~E OF BOARD. COUNCIl. L'OM M I.%~,10 THE ~ARD. COUNO~ COMMISSION. A~ HORI1W OR COMMI~E~N WHICH I SERVE L~ A UN~ OE O ~U~ ~ ~'tlER L~AI. AGENCY WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who arc presented with a voting connict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a incas{are in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the I'orm. INSTRUCTIONS FOR COMPLIANCE WITH SECTION ~12.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (oTher than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining From voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and Filing this form with the person responsible for recording the minutes of the ..meeting. ,.,,ha should incorporate ~he form in ~he minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain or' a principal (other than a government agency.) by whom he is retained. A person holding an appointive local office otherwise may participate in a malter in which he has a conflict of interest, but must disclose the nature of the conflict before making an.'.' attempt to influence the decision by oral or ~.¥nt~en communication, whether made by the officer or a~ his direction. ,,: IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO. THE MEETING AT WHICH THE VOTE WILL BE TAKEN: * You should complete and file this form (before making any attcmpt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * ,~ copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior ~o consideration of the matter in which you have a conflict of interest. 16G 2 IA.%I ~ A*-I t: I. IR.~. I (ll'Y FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS TM~ WOA~fOUNO; ~I~ION. A~MOIII~[~ CO~l~[~ ON t)ATE O~ WHO MUST FILE FORM BB This farm~is For usc by ,ny person scr4n~ mt thc county, ch); or othcr Ioc~1 level of ~ovcrnmcnt on an appointed or clcct~l board, council, commission, authority, or committee. It -ppi~cs equally to members of advisory and non-advisory bodies who are pmsemed with a voting conflict of interest under Section lt2.3143. Florida Statu~cs. Your r~sponsibiiides under thc law when faced with a measure in which you have a conflict of interest will vary {really dep~ndin{ on whether you hold an elccti,,c or appointive position. For this reason, please pay close attention to thc inswuctions on this form bcfor~ cat'pitting the reverse side and rilin% thc form. INSTRUCTIONS FOR COMPLIANCE WITH SECTIOH tt2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, mun{cipa], or other {oca} public office I',,4US-T' ABSTAIN from votin~ on a measure which }hUrtS to his special pri,,'nte {ain. Each local of Rccr also is prohibited From knowiniiy votinl on a mc:~surc which inures to th,' spccial sain of a principal (other than a ~ovcrnmcnt aicncy) by whom he is rc~ained. In either casc, you should disclose thc conflict: PRIOR TO THE VOTE BEING TAKEN by publicly statins to thc assembly ibc nature of your interest in thc measure on which you arc abs~ainin% From ¥odn%; WITHIN IS DAYS AFTER THE VOTE OCCURS by compleHns and Filin~ this Form with thc person responsible for rccordins thc minutes of thc mcctiny,, who should incorporate thc form in ~he minutes. APPOINTED OFFICERS: A person holding. ;ippo}nlive courtly, municipal, or other local public office MUST ABSTAIN from vodn§ on a measure which inures ~o his special private ~ain. Each local ofi3ccr also is prohibited from knowin,;ly vodn.g on a measure which }nur,'s to thc sp¢ciaI main of a principal (oihcr than a ~overnmcnt a{cnc,/) by whom he is retained. A person holding, an appointive local ofl'ic~' otherwise may participate in a ma~lcr in which hc has a connect of interest, but must disc',osc ibc nature of Ibc connict before maki~,~: any allcmpt to influence thc decision by oral or wrH~cn communication, whether made by thc officer or ar his direction. IF YOU INTEND TO MAKE ANY ATTENtPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WH{CH THE VOTE WILL BE TAKEN: · You should complete and f~lc this form (before makin~ an.,,' attcmp~ [o influence thc decision) with thc person responsible For recording the minu~cs of the merlin?,, who will incorporate thc form in thc minu~cs. · ,~ copy af thc form s..b,oa{~ be provided immediately to thc other members of ~hc a{cncy. · Thc Form should bc read publicly at the merlin{ prior to consldcradon of {he mailer in which you h~vc a conflict o1' inter, st. .: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY' DISCUSSION AT THE MEETING: · You should disclose orally the nalure of your conrljcl in thc measure bcrorc~participating. ' You should complete thc form and file i[ within 15 days after the vole occurs whh the person responsible rot recording Ihe minutes of Ibc mcetins, who should incorporate [he form in the minutes. '~ "' C' DISCLOSURE OF LOCAL OFFICER'S INTEREST '~"~ 1, I ~/~ ~b/~C~(.% , he.by disclosc tha~ on continuin$ conflict 19 {a) A mcalurc came or will come before my asency which (check one) , inured lo my speciat privale gain; or __ inured Io thc special gain or , by whom ! am retained. (b) Thc mc~surc before my aiency and thc nature of my inlcrcs[ in thc measure is as follows: Construction of infrastructure improvements by District. see Commission on Ethics Opinion 87-66 Da~e Filed Si_cna~ur¢ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31'/ (195S), a FAILURE TO MAKE ANY REQUIREL~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINLk I,%~PEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S~.000. September 23, 1997 1997 Dwight E. Brock Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza III 'Naples, Florida 34112' Special Attention: Derek M. Johnssen Dear Mr. Johns.sen: Attached pl6ase find all the reports indicated in your September 8 letter to me with the exception of a district map and public facilities report. As discussed previously with staff, our district is in the boundaries of Collier County and our public facilities report remains the same. Specifically enclosed: 1. Annual Fina~ial Report for FYE' 9/3 0/96. 3. 4. 5. 6. 7. Audit FYE 9/30/96. Letter bom Auditor stating we received no management letter. Approved Budget for FY 1997-1998. Schedule of Regular Me~inga for 1997-1998. Description of Outstanding Bonds for FYE 9~30/96. I hope this brings total satisfaction to our reporting requirements. please contact me directly. Execmive Director f .5 . Collier County }lousing Authority * 1800 Farm Wod<er Way If you have any questions, FAX 1941) 65%7232 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 BEPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: PROPRIETARY FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. DESCRIPTION 362.000 331.690 331.500 389.100 Rents - Housin[~ Federal. ~rants -Adult Education Federal l~rants - RECD rental assistance Interest earnings ID NUMBER: 191 AMOUNT $ 1,396,461 30,155 254,532 55,200 TOTAL REVENUES AND OTHER CREDITS S L736,348 FORM DBF-AA-403 PAGE 2 of 5 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: PROPRIETARY FUND ID NUMBER: 191 EXPEND~S AND OTHER DEBITS (511 THROUGH 592) Account No. Object Description 554.000 554.000 554.O00 554.0OO 10 3O 90 7O Personal Services Operating expenses Depredation Interest expense -Debt Service Amount $ 744,98O .564,704 626,647 27,56O TOTAL EXPENDITURES AND OTHER DEBITS $ 1,963,891 FO RM D B F-AA-403 PAGE 3 of 5 16G 2 FUND GROUP REVENUF..5 AND EXP~I~ES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTjY HOUSING AUTHORITY REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE ID NUMBER: 191 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. 331.500 345.100 DESCRIPTION HUD Housint~ Assistance contributions earned Services - economic housin~ AMOUNT $ 1,504,860 6,015 TOTAL REVENUES AND OTHER CREDITS S 1,SlO,STS FORM DBF-AA-403 Pa~e 4 of 5 FUND GROUP REVENUF~ AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY ID NUMBER: 191 REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE EXPENDITURES AND OTHER DEBRIS (511 THROUGH 592) Account No. 554.000 10 554.000 30 554.000 80 Object Description Personal Servlce~ Operating expenses Housing Assistance Payments Amount $ 171,273 47,649 1,305,586 TOTAL EXPENDITURES AND OTHER DEBITS $ 1,~24,508 FORM DBF-AA-403 PAGE 5 of $ Collier County Homing Authority Immokalee, Florida 16G 2 FINANCIAL STATEMENTS Together with INDEPENDENT AUDITOR'S REPORT September 30, 1996 McQuay & Co., CPAs, P.A. 16G 2 Collier County Housing Authority Immokalee, Florida INDEPENDENT AUDITOR'S REPORT September 30, I996 16G 2 COLLIER COUNTY HOUSING AUTHORITY !mmokalee, Florida September 30, 1996 TABLE OF CONTENTS Independent Auditor's Report on the Financial Statements FINANCIAL STATEMENTS Balance Sheets Statement of Revenues. Expenses. And Changes In Retained 'Earnings (Deficit) - Rural Economic and Community Development (RECD) Statctnent of Income and Expenses - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Analysis of Surplus - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Cash Flows - Rural Economic and Community Development (RECD) Notes to Financial Statements Independent Auditor's Report on Internal Control Structure Based on an Audit of Financial Statementa Performed in Accordance With Government Auditing Standards Independent Auditor's Report on Compliance With Laws And Regulations Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing Standards Independent Auditor's Report on Internal Control Structure Used in Administering Federal Financial Assistance Programs Independent Auditor's Report on Compliance With Specific Requirements Applicable to Major Federal Financial Assistance Programs Independent Auditor's Report on Compliance with General Requirements Applicable to Federal Financial Assistance Programs Independent Auditor's Report on Compliance With Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions 2 23 25 26 29 31 32 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida September 30, 1996 TABLE OF CONTENTS SUPPLEMENTARY INFORMATION Independent Auditor's Report on Supplementary Information Schedule of Federal Financial Assistance Statement of Revenue and Expenditures Compared to Budget Rural Economic and Community (RECD) Analysis of General Funds Available for Reduction of Annual Contributions Schedule of Reserve Funding Activities of the Housing Authority Schedule of Insurance Schedule of Aged Accounts Receivable Computation of Annual Contributions Earned and Project Account - Operating Reserve Changes (Housing Assistance Payments Programs) Schedule of Rental Information Schedule of Financial Institution Information Schedule of Adjustments Made - Housing Assistance Payments Programs: Annual Contributions Contract A3402E Annual Contributions Contract A3402V Annual Contributions Contract A3402K Board of Commissioners Certificate of Borrower 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 16G 2 McQuay & Co., CPAs, P.A. Independent Auditor's Report Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements of the Collier County Housing Authority, as of and for the year ended September 30, 1996, as listed in the accompanying table of contents. These financial statements are the responsibility of Collier County Housing Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of Office of Management and Budget Circular A-128, "Audits of State and Local Governmenff'. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the mounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note B to the financial statements, the Collier County Housing Authority's policy is to prepare its U. S. Department of Housing and Urban Development programs' financial statements on the basis of accounting practices prescribed or permitted by the U. S. Department of Housing and Urban Development (HUD), which is a comprehensive basis of accounting other than generally accepted accounting principles. Ill our opinion, the financial statements referred to above present fairly, in all material respects. the financial position of Collier County Housing Authority. as of September 30, 1996, and the results of its operations, and the cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles, and the assets, liabilities and surplus of its U. S. Department of Housing and Urban Development programs' financial statements on the basis of accounting described in Note B. This report is intended for the information and use of the Board of Commissioners, Management, the U. S. Department of Housing and Urban Development and the Rural Economic and Community Development. However, this report is a matter of public record and its distribution is not limited. In accordance with Government Auditing Standards, we have 'also issued a report dated November 8, 1996, on our consideration of Tmnpa Community. Health Centers, Inc.'s internal control structure and a report dated November 8 1996 on ~ts compliance with laws and regulations. November 8, 1996, Tampa, Florida. 110 N. Lir,x. oln Avenue, Taml~ Flcdda~3~09 · (813) 8762170 · FAX (813) 8T2=0196 ° Toll Free (800) 852-1049 Ill I © 0 -2- -3- 16G Z COLLIER COUNTY HOUSING AUTHORITY hnmokalee, Florida STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS RECD SUBSIDIZED HOUSING ONLY (PROPRIETARY FUND TYPE) For the Year Ended September $0, 1996 OPERATING REVENUES Rent - housing units Rcnt'.d a.s~istancc subsidy Rent - od~cr facilities Other operating revenues - Tenant charges, late fees, crc. DOE Gateway grant rcvcnuc Tolal opcruting rcvcnucs OPERATING EXPENSES Adminisu'ativc: S',darics Employee benefits Contract services Insurance Other Total administrative expenses Maintenance: Salaries Materials and supplies Ofl~cr Total maintcnancc cxpenscs Security: S~arics Od~cr Total security cxpcnsc~,~ Utilities DOE Ga{away grant cxpcnsc Dcprcci:,tion Total operating expenses OI'ERATING INCOME (LOS~ NON OPERATING REVENUES (EXPENSES) N~ investment income largest expense Tot'al non operating revenues (cxpcn.~q NET INCOME (LOSS) Retained earnings (deficit), beginning of),car Retained c~u'nings (deficit), cad of year Se~ Notes to Financial Statcrncnts. $ 1,262.783 254,532 36,407 97,271 30.155 $ 274.124 199,071 33,678 149,936 75 $ 240,215 171,043 23.643 "3'T.S70 5,831 (27,560) 732,453 434,901 37,401 74.774 30.155 626.(~7 1,936.331 (255,183) 27,640 (227,543) (2,032.989) I2.2(~,532) 16G 2_ 0'" 0 .~. g -5- -6- 16G Z COLLIER COUNTY HOUSING AUTHORITY Imnmkalee, Florida b'rATEMENT OF CASH FLOWS RECD SUBSIDIZED HoLKStNG ONLY (PROPRIETARY FUND TYPE) For the Yenr Ended September 30, 1996 CASH FLOWS FROM OPERATING ACTIVITIES: Cash rec. eivcd from tenants Cash received from REeD for Icnant renlal asaiatanc~ Cash paid to cmployces Cash paid to vr. ndors and suppliers Cash rcr..cived from govcrnmetlr~! gr',lilts OtBer oper, tfi,q!I rcvcnucs Ncr c;~h provided by nfxm0.ing activities CASH FLOWS FROM NON-CAPITAL FINANCING ACFIVITIES: Repayment of advances from HUD Section g funds ~rans to CCTIA's La~d. h~c. ' ½ Net cash provided from non-capita[ financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING AC"FIVITI ,I,I~: Principal paid on revcnue bonds Intcrest paid on revcnu¢ bonds Acquisition and construction of capital a.s.scts Net cash used loc capital and related financing activities CASI! FLOWS FROM INVESTING ACTIVITIES: Purclmsc of inv~ts Proceeds from investments Interest on investments Net cash provided blt investing activities NET INCREASE (DECREASE) IN CASil CASH AND CASH F_.QUIVAL~ October I, CASlt AND CASH EQUIVAL~ September 30, RECONCILIATION OF OPERATING INCOME 0XISS) TO NE--'F CASH PROVIDED BY OPERATING ACTIVITIES: Operating income 0oas) Adjustments to reconcile operaling income to net cash pruvidcd by oix:rating activities: Depcecl. ation Change in assets and liabilities: Accounls receivable from tenants Accounts receivable - REeD Accounls rccciwahlc - DOE Prepaid cxpc:~es 'and deposits Inventories Accounts payable to vendocs Accrued expenses Tenants' security deposits Tenants' rent collected in advance Total adjustments Net ca.,;h provided by ol3crating activities Sc¢ Notes to Financial Statements. -7- 1.305.508 275.3A5 (57 i 374) (7,ti,g03) 32.943 97.271 43,058 140.0(30) (27,560) 166.2921 75 62,723 626.647 (3378) 20,813 2,788 (~.096) 310 22.758 (25.465) 9.896 $ 397.89O 43.058 (333.852) 97.723 204.819 527.172 $ 731.991 $ (255.183) 653.073 $ 397.8~) 16G 2 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE A: NOTE B: ORGANIZATION The Collier County Housing Authority ("The Authority") is a public body corporate and politic which was organized under Chapter 421 of the Florida Statutes on July 12, 1966 and the laws of the State of Florida to provide Iow rent housing for qualified individuals in accordance with the rules and regulations prescribed by the U. S. Department of Agriculture, Rural Economic and Community Development (formerly Farmers Home Administration), U. S. Department of Housing and Urban Development (HUD) and other Federal Agencies. The Authority has been a recipient of several loans and grants from Rural Economic and Community Development (RECD) since 1971 under Project No. 09-011-05914055 pursuant to Sections 514 and 516 of the Housing Act of 1949. as amended. The Rural Economic and Community Development programs are designed to provide decent, safe. and sanitary Iow-rent housing and related facilities for domestic farm laborers. Effective July 1, 1992, the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs to the Authority, pursuant to an Assumption and lnterlocal agreement. The transfer was approved by the U. S. Department of Housing and Urban Development pursuant to a Contract of Novation between the Authority, the County and HUD. Thc Authority hns agreed to undertake the development and operation of certain low-rent housing projects and to provide decent, safe, and sanitary housing for eligible families pursuant to Section 8 of the Housing Assistance Act by means of Housing Assistance Payments to owners through Annual Contributions Contracts numbers A-3402E (Section 8 Certificate, Housing Assistance Program), A-34(12V (Voucher. Housing Assistance Program), and A-3402K (Section 8, Moderate Rehabilitation, Housing Assistance Program. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A Summary of the Authority's significant accounting policies applied in the preparation of the accompanying financial statements are described as follows. Reporting Entity In evaluating how to define the government, for financial reporting purposes. management has considered all potential component units of government. The decision to include a potential component unit in the reporting entity was made by applying the criteria set forth by the Governmental Accounting Standards Board (GASB). -8- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SePtember 30, 1996 NOTE B: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Reporting Entity (Cont'd.) The basic criterion, but not the only criterion, set forth by GASB for including a potential component unit within the reporting entity is the governing body's ability to exercise oversight responsibility. The most significant manifestation of this ability is financial interdependency. Based upon the application of the criteria, no potential component unit was included in the Authority's financial statements. Basis of Presentation The operations of the Authority are recorded in the following fund types. Proprietary Fund Type Programs funded primarily by the U. S. Department of Agriculture. Rural Economic and Community Development are accounted for using generally accepted accounting principles (GAAP) as applied to governmental entities. A proprietary fund is used to account for these activities. Proprietary fund accounting principles are similar to those often found in the private sector. The measurement focus is based upon the determination of net income and capital maintenance. ttUD Housing Assistance Payments Program Funds Programs funded by the U. S. Department of Housing and Urban Development (HUD) account for activities using accounting procedures and practices prescribed permitted by the U. S. Department of Housing and Urban Development, Section 8 - Housing Assistance Payments Programs. Under this basis of accounting, the authority's operations are not considered to be a self-sustaining activity. Basis of Accounting The financial statements of the Authority have been prepared under two (2) basis of accounting. Rural Economic and Community Development Progranm The Authority maintains its accounting for Rural Economic and Community Development farm worker subsidized housing projects in accordance with generally accepted accounting principles (GAAP) as applied to governmental units that use proprietary fund accounting. -9- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE B: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The Authority's proprietary fund is an enterprise fund. Such facilities are financed by Rural Economic and Community Development al~d operated by the Authority in a manner similar to private business enterprises. The intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. IIUD Programs Accounting practices and procedures followed by HUD Programs are considered a comprehensive basis of accounting other than generally accepted accounting principles. These financial statements are prepared using statutory accounting principles on a basis of accounting prescribed or permitted by the U. S. Department of Housing and Urban Development. since the majority of its assets are aided by these programs. The financial statements include the Section 8 l-lousing Assistance Programs under Annual Contributions Contracts A-3402E. A-3402V and A-341)2K. The significant accounting policies followed are described below to enhance the usefulness of the financial statements to the reader. Property and equipment are recorded at cost and no provisi~)n for depreciation of these assets is provided. Annual contribution payments received from the U. S. Department of Housing and Urban Development for housing assistance payments and related administrative expenses are recorded as a contrib.ution to surplus. -10- NOTE B: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENq~- September 30, 1996 ~,. SUMMARY OF SIGNIFICANT ACCOUNTINi3 POLICIES (Cont'd.) Cash and Cash Equivalents For purposes of the Statement of Cash Flows, the Rural Economic and Community Development subsidized housing program considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. There were no noncash investing, capital. and financing activities during the year. Reconciliation of cash and cash equivalents to balance sheet amounts. Balance Cash & Investments Sheet Cash maturing after Amounts Equivalents 3 m0nlhs Cash and cash equivalents Restricted assets: Security deposit trust fund Construction fund Sinking fund: Debt .service account Reserve account Investments- restricted: Construction fund Sinking fund reserve account $ 258.949 $ 258,949 102,460 102.460 23,942 23.942 40,229 40,229 306,411 306,411 40.000 40,(){){) 889.098 889,098 $ 1.66 i,089 $ 731.991 $ 929.()98 The Authority deposits cash only in qualified public depositories. The deposits are fully insured by the Federal Deposit Insurance Ci0rporation and/or secured pursuant to Chapter 280 of the Florida Statutes. Deposits consist of demand deposits, savings and money market accounts. Investments consist of bank certificates of deposit and government securities, bearing interest rates of 4.33% - 6.65%. Uncollectible Accounts Collection losses on accounts receivable are charged against income on the specific write-off method. In the opinion of management, all accounts are collectible. -I1- 16G 21 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE B: NOTE C: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Income Taxes The Authority is a public body corporate and politic which is subsidized by the Federal Government. The Authority is not subject to Federal or State income taxes, nor is it required to file Federal and State income tax returns. Inventories Inventories of materials are valued at lower of cost or market, cost being determined on a first-in, first-out basis. Compensated Absences The costs of accumulated unpaid vacation and sick leave are reported in the period paid rather than in the period earned. At September 30, 1996. the Authority is contingently liable to employees for accumulated unpaid vacation pay in the amounts of $11,627. Such amounts have not been recorded in the financial statements. Construction Period Interest Interest expense on notes and bonds and interest income on the related debt proceeds are capitalized during the project development period through the date or' full availability in accordance with regulations from the Department or' Housing and Urban Development. Es ti m a t es The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. LAND, STRUCTURES AND EQUIPMENT Fixed assets are carried at cost. Expenditures for maintenance and repairs are charged to expense as incurred. Repairs that extend the useful life of the respective assets are capitalized and depreciated. Depreciation is computed over the estimated useful lives of the property and equipment by use of the straight-line method of depreciation. -12- IO1,3 r' NOTE C: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 LAND, STRUCTURES AND EQUIPMENT (Cont'd.) A summary of proprietary fund type land, structures and equipment at September 30, 1996 is as follows: Estimated Useful Lives (Years) Cost Land N/A $ 496,754 Land Improvements N/A 1,614,632 Buildings 25-331/3 14,318,874 Sewer system 33 722,197 Water system 33 434,796 Roads and drainage 33 1,415,542 Playground 7 95,120 Maintenance equipment 6 578,413 Appliances 6 496.297 Office equipment 5 192,67 [ 2(1.365,296 Less Accumulated Depreciation 7.625.776 Total Land, Structures, and Equipment $ 12.739.52{) Operating expenses includi~ depreciation on all depreciable fixed assets. Depreciation is recognized on assets acquired or constructed under the Rural Economic and Community Development loan and grant programs, which are restricted for capital acquisitions or construction. Such grants are reported as contributed capital. However, depreciation expense and the related contributed capital accounts are not reduced for amounts recognized through such resources. The following Rural Economic and Community Development capital grants for construction of farm labor housing are reported as contributed capital as of September 30, 1996. Project Name Purpose A mount Farm worker Village 150 Units $ 1,636.930 Phase I Section A (1974) Farm worker Village 126 Units 2,234,150 Phase II Section B (1978) Farm worker Village 215 Units 7,219,008 Phase III Section C (1983) Farm worker/Collier Village 80 Units 2,795,610 Phase IV Section D (1991) Total 571 Units $ 13,885.698 -13- 16G 2 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE D: REVENUEBONDSPAYABLE Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture, Rural Economic and Community Development (RECD). The Authority presently has bonds payable on its farm laborer housing projects which are due annually in installments of varying principal and interest amounts. Revenue bonds payable at September 30. 1996. are as follows: Collier County Housing Authority Revenue Bonds. Series A. 1%. due annually on January I in principal amounts of $26.000 to $3{).000 with interest to January 1, 2{X)5 $ 261.000 Collier County Housing Authority Revenue Bonds. Series B. 1%. due annually on September 1 in principal amounts of $31.000 to $37.000 with interest to September I. 2010 485.000 Collier County Housing Authority Revenue Bonds. Series C. I%. due annually on September I in principal amounts of $54.0(X) to $68.{XX) with interest to September !. 2014 I. 11 Collier County Housing Authority Revenue Bonds. Series D. I%. due annually on September 1 in principal amounts of $24.380 to $33.000 with interest to September i. 2023 2.634.00{) Less portion classified as current Total long-term debt 14~,000 $ 2.492.0()0 The revenues of the project are pledged to the payment of pr!ncipal and interest on the revenue bonds. The bonds are redeemable before maturity, at the option of the Authority. in inverse numerical and maturity order, on any interest payment date upon giving 40 days written notice to Rural Economic and Community Development. -14- NOTE D: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16G NOTES TO FINANCIAL STATEMENTS September 30, t996 REVENUE BONDS PAYABLE (Cont'd.) Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 1996: Fiscal Year Ending September 30, 1997 $ 142.000 1998 143,000 1999 145,000 2000 147,000 2001 148,000 Thereafter 1.909 $ 2.634.(XX) Sinkbtg Fund Debt Service Account Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding. After operation and maintenance requirements are met, the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 30. 1996 in order to meet debt service requirements was $166,775. The cash balance in the sinking fund debt service account at September 30, 1996 was $40,229, which was $5,794 more than the required balance of $34,435. The Authority was in compliance with this requirement during the year ended September 30. 1996. Sinking Fund Reserve Account Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve account are only withdrawn upon written prior approval of Rural Economic and Community Development: The Authority is required to make monthly reserve deposits in the amount of $20,958 plus the amount of any deficiency in prior deposits to the reserve- account until funds and investments in the reserve account shall equal $2.514,900. The aggregate deposits to the reserve account for the year ended September 30, 1996 was $251,496, which was equal to the required annual aggregate deposits of $251,496. The cumulative amount of deficiencies in prior deposits to the reserve account at September 30, 1996 was $105,088. The deficiency included $70,000 deposited in a centralized payroll fund to be utilized as working capital. 2 -15- COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE D: REVENUE BONDS PAYABLE (Cont'd.) Sinking Fund Reserve Account (Cont'd) Withdrawals from the sinking fund reserve account are authorized for the following purposes: a) To meet principal and interest payments due on the bonds in the event the sinking fund debt service account balance is not sufficient for that purpose. b) To pay costs of extraordinary repairs or replacements to the project which are not considered current expenses. c) To make improvements or extensions to the project. d) For other purposes desired by the Authority which will promote its purpose without jeopardizing the collectibility of the bonds or underlying sec u ri ry. e) To the extent the reserve account exceeds $2,514,900, to purchase bonds before maturity in the prescribed manner. During the year ended September 30, 1996, the Authority was authorized to transfer $449,750 from the Sinking Fund Reserve account to the Construction Fund. The authorized transfers were made to pay the costs of extraordinary repairs or replacements to the project which are not considered current expenses and to make improvements or extensions to the project. The actual transfers to the Construction fund aggregated $198,848 which was within the amount authorized for the related approved withdrawals. Construction Fund The construction fund is used to account for grant and loan funds received from Rural Economic and Community Development and other sources and to record construction activities. During the year ended September 30. 1996. expenditures from the Construction Fund for authorized construction activity aggregated $142,862 which was within the amount authorized for the related approved withdrawals. In the Rural Economic and Community Development enterprise fund reservations of retained earnings have been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. -16- COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 16G 2 NOTE E: NOTE F: ANNUAL CONTRIBUTIONS BY HUD Annual Contributions A-3402 Annual Contributions Contracts A-3402E and A-3402V and A-3402K for Section 8 programs provide for housing assistance payments to private owners of residential units on behalf of eligible low or very low existing and moderately rehabilitated housing covering the difference between the maximum rental on a dwelling unit. and the amount of rent contribution by a participating family and related administrative expense. The Authority is also eligible to receive reimbursement for preliminary expenses prior to lease up. HUD contributions for the year ended September 30. 1996 were as follows: Section 8 Certificate Existing Vouchers Moderate rehabilitation $ 835,886 5{~).962 168,012 $ 1.504.86(} HUD contributions for housing assistance payments are not reflected as revenue in the statement of income and expense, but as additions to surplus. PENSION PLAN Platt Description The Collier County Housing Authority Defined Benefit Pension Plan and Trust is a single-employer retirement plan covering all eligible employees. The plan is administered by United States Pension Services. Inc.. It was established in 1988 by resolution and became effective October 1, 1987. There were no amendments to the Plan during the year ended September 30, 1996. All full-time employees who have attained age 18 are eligible to participate in the Plan provided they have completed one (1) year of service. Eligibility for retirement is attained at age 65 or the 10th anniversary of joining the plan whichever is latter. Vesting at 100% requires four (4) years of credited service with vesting beginning at 33% at 2 years of credited service and increasing 33% per year. Employees who retire at or after age 65 with 10 years of credited services are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to 10 years, and 30% for each year over 10 years for at least 30 years of service. The Plan also provides death and disability benefits and life insurance equal to 50 times the monthly retirement benefit. -17- 16G 2 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS SePtember 30, 1996 NOTE F: PENSION PLAN (Cont'd.) These benefit provisions and all other requirements are established by Florida Statute and the Employee Retirement Income Security Act of 1974, commonly called "ERISA". As of September 30, 1996, the plan included 33 participants and a total annual covered compensation of $536,909. The total Authority payroll as of September 30, 1996 was $709,294. Membership in the Plan is comprised of the following: Retirees receiving benefits Active employees Terminated vested participants 0 24 9 All contributions are made by the Authority. Employee contributions are not permitted. Contributions to the Plan to be made during fiscal year ended September 30, 1996 were actuarially computed using the Frozen Initial Liability Cost Method. Funding Status and Progress The amount shown below as the "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increase and step-rate benefits, estimated to be payable in the future ms a result of employee service to date. The measure is intended to help users assess the funding status of the Plan on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due. and make comparisons among employers. The measure is the actuarial present value of credited projected benefits, and is independent of the funding method used to determine contributions to the Plan. The pension benefit obligation was computed as part of the actuarial valuation performed October 1, 1993. Significant actuarial assumptions used in the valuation include the following: Co Life expectancy is calculated using the 83 GAM with 0 years adjustment Mortality Table Annual rate of return on the investments of present and future assets of 7% Annual projected salary increases of 5% D. Retirement age of 65 -18- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 NOTE F: PENSION PLAN (Cont'd.) The total unfunded pension benefit obligation applicable to the Authority's employees was $39,852 at October 1, 1995, and was computed as follows: Pension benefit obligation: Retirees and beneficiaries receiving benefits and terminated employees not yet receiving benefits $ 174,692 Active Participants: Nonvested Vested Total pension benefit obligation Less actuarial value of assets, at fair market value' Unfunded pension benefit obligation 7,177 203.124 384,993 $ 39,852 Actuarially Determined Contribution Requirements attd Contribution Made The Plan's funding policy provides for actuarially determined periodic contributions at rates that, for individual employees, increase gradually over time so that sufficient assets will be available to pay benefits when due. The contribution rate for normal cost is base upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation described above, except interest earnings is assumed at 7%. The contribution to the Plan for September 30, 1996 of $107.984 (20% of current covered payroll) was accrued in accordance with actuarially determined requirements computed through an actuarial valuation performed as of October 1, 1995. The contribution consisted of the following: a) Normal cost (15.3% of current covered payroll) b) Amortization of unfunded frozen initial liability c) Interest Total current contribution $ 81,986 14,439 11.559 $107,984 The Authority contributed $159,664 (30% of current covered payroll) which consisted of $51,680 (10% of current covered payroll) to cover the prior years funding deficiency. As of September 30, 1996 the remaining accrued pension liability was $37,880. -19- 16G 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS Year ended September 30, 1996 NOTE F: NOTE G: PENSION PLAN (Cont'd.) Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Historical trend information on the Plan is being accumulated as follows: Net assets available for benefits Pension benefit obligation Percentage funded Annual covered payroll Unfunded pension benefit obligation as as a percentage of annual covered payroll Employer contributions as a percentage of annual covered payroll 1996 1995 1994 $345,141 $285,172 $231,053 384,993 310,552 339,096 90.0% 92.0% 68.1% 536,909 595.475 554,673 7.0% 4.26% 19.5% 30.0% 17.5% 13.1% All employer contributions were made in accordance with actuadally determined requirements. INTERFUND RECEIVABLES AND PAYABLES Individual fund inteffund receivable and payable balances at September 30, 1996. are as follows: Amount RECD Fund Certificate $ 3,016 Voucher RECD Fund 862 Moderate Rehabilitation RECD Fund 216 Revenue fund Bond debt service 1,384 Revenue fund Construction fund 1,4(~q $ 6.878 RECD Fund: RECD Fund: Reserve Account Revenue fund $105,088 NOTE H: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 COMMITMENTS AND CONTINGENCIES Litigafon As of September 30, 1996, the Authority was involved with various litigation arising from operation of i~s low rent housing program. In the opinion of the Authority's legal counsel, such losses, if any, resulting from litigation would be adequately covered by insurance. Contingencies Authority has been audited for the year ended September 30, 1996. Programs administered by the Authority, in most instances, are subject to audit by the funding agency. Costs, if any, which are deemed unallowable by the funding agency, may require reimbursement by the Authority. The auditors have determined that no costs are questioned that require the U. S. Department of Housing and Urban Development (HUD) and the U. S. Department of Agriculture, Rural Economic and Community Development (RECD), approval and review for allowability for the year ended September 30, 1996. Questioned Cost or other compliance findings are defined as follows: (1) An alleged violation of a provision of a law. regulation, contract, grant. cooperative agreement, or other agreement or document governing the expenditure of funds; (2) A finding that, at the time of the audit, such cost is not supported by adequate documentation; or;, (3) A finding that the expenditure of funds for the intended purpose is unnece~ary or unreasonable. Questioned Costs and compliance findings are subject to a final review and determination by the U. S. Department of Housing and Urban Development and the U. S. Department of Agriculture, Rural Economic and Community Development (RECD) or other state and local agencies. These costs are disallowed, unless the Authority is able to convince the grantor or regulatory agency that they were made in accordance with legal or regulatory requirements. -21- 16G-' 2 ' NOTE I: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS Year ended September 30, 1996 RELATED PARTY TRANSACTIONS The Authority established a non-profit corporation entitled Collier County Housing Authority's Land Acquisition New Development Incorporated (CCHA's Land, Inc.) to serve as its land bank. Certain of CCHA's Land, Inc.'s Board of Directors also serve on the Board of Commissioners of the Authority. As of September 30, 1996, the Authority authorized loans aggregating $40,000 to CCHA's Land, Inc. to secure the legal and engineering services to rezone certain land that was received as a donation by CCHA's Land. Inc. The loan is due upon demand with an annual interest ratc of 3%. It is CCHA's Land. Inc.'s intent to sell the land to the Authority at below market rate for the development of low income housing. The loan is carried as an asset in the accompanying balance sheets of $40,000. -22- 16G 2 McQuay & Co., CPAs, P.A. l~,.,,~t~.,-t: /dL"P~; FIL"I~A Report of Independent Auditor's on Internal Control Structure Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Board of Commissioners Collier County Housing Authority Immokalee. Florida We have audited the financial statements of Collier County Housing Authority, as of and for the year ended September 3{). 1996, and have issued our report thereon dated November 8, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of Collier County Housing Authority is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of 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 not 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. In planning and performing our audit of the general purpose financial statements of Collier County Housing Authority. for the year ended September 30. 1996, we obtained an understanding 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 procedure:, 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. -23- I I01'4. Lincoln Averme. Tamt~ Florida33609 * (813) 876-2170 ' FAX (813) 872-0196 * Toll Fr~ (800) 852-1049 Board of Commissioners Collier County Housing Authority 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 report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996, Tampa. Florida. -24- McQuay & Co., CPAs, P.A. 16G' 2 Independent Auditor's Report on Compliance With Laws and Regulations Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing Standards Board of Commissioners Collier County Housing Authority Immokalee. Florida We have audited the financial statements of Collier County Housing Authority. as of and for the year ended September 30. 1996. and have issued our report thereon dated November 8, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards. issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to Collier County Housing Authority. is the responsibility of the Authority's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the Authority's compliance with certain provisions of laws, regulations, contracts, and grants. However. providing an opinion on overall compliance with such provisions was not an objective of our audit of the general purpose financial statement';. Accordingly. we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report is intended for the information of the Board of Commissioners. Management of Collier County Housing Authority. the U. S. Department of Housing and Urban Development and ot~,er federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996, Tampa. Florida. -25- 110 N. Lincoln Avenue. Tampa, Florida 33609 ~' (813) 876-2170 ' FAX (813) 872-0196 ' Toll Free (800) 852-1049 McQuay & Co., CPA.s, P.A. Report of Independent Auditor's on the Internal Control Structure Used in Administering Federal Financial Assistance Programs 16G 2 Board of Commissioners Collier County Housing Authority We have audited the financial statements of Collier County Housing Authority, as of and for the year ended September 30, 1996, and have issued our report thereon dated November 8, 1996. We have also audited the compliance of Collier County Housing Authority. with requirements applicable to major federal financial assistance programs and have issued our report thereon dated November 8, 1996. We conducted our audits in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget Circular A-128, Audits of State and la, cai Governments. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose tinancial statements are free of material misstatement and about whether Collier County Housing Authority. complied with laws and regulations, noncompliance with which would be material to a major federal tinancial assistance program. In planning and performing our audits for the year ended September 30. 1996, we considered the internal control structure of Collier County Housing Authority. in order to determine ()ur auditing procedures for the purpose of expressing our opinions on the financial statemenLs of Collier County Housing Autht~rity, and on the compliance of Collier County Housing Authority. with requirement~s applicable to its major programs, and to report on the internal control structure in accordance with OMB Circular A-128. This report addresses our consideration of internal control structure policies and procedures relevant to compliance with requirements applicable to federal financial assistance programs. We have addressed internal control structure policies and procedures relevant to our audit of the financial statements in a separate report dated November 8. 1996. The management of Collier County Housing Authority is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the ex .pected benefits and related costs of internal control structure policies and procedures. The object, yes of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal financial assistance programs are managed in compliance with applicable laws and regulations. -26- 110 N. Lincoln Avenue, Tampa, Florida33609 · (813) 876-2170 * FAX (813) 872-0196 * Toll Free (800) 852-1049 16G 2' Board of Commissioners Collier County Housing Authority Because of inherent limitations in any internal control structure, errors, irregularities, or instances of noncompliance may nevertheless occur and not 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. For the purpose of this report, we have classified the significant internal control structure policies and procedures used in administering federal financial assistance programs in the following categories: Accounting Controls · Cash receipts · Payroll · Purchasing and receiving Cash disbursements and accrued expenditures Administrative Controls · Political activity · Cash management · Federal financial reporting · Adherence to special provisions of the contracts/grants · Tenant eligibility · Davis-Bacon Act · Civil rights · Administrative requirements · Allowable cost/cost principles · Drug Free Workplace Act · Types of services allowed or Unallowed For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and determined whether they have been placed in operation, and we assessed control risk. During the year ended September 30, 1996. Collier County Housing Authority expended 78 percent of its total federal financial assistance under major federal financial assistance programs. We performed tests of controls, as required by OMB Circular A-128, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we considered relevant to preventing or detecting material noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements that are applicable to each of the Collier County Housing Authodty's major federal financial assistance programs of Collier County Housing Authority, which are identified in the accompanying Schedule Of Federal Financial Assistance. Our procedures were less in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly. we do not express such an opinion. -27- J. OU ~.. Board of Commissioners Collier County Housing Authority Our consideration of the internal control structure policies and procedures used in administering federal financial assistance would not necessarily disclose all matters in the internal control structure that might constitute 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 noncompliance with laws and regulations that would be material to a federal or state financial assistance program 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 report is intended for the information of the Board of Commissioners. Management of Collier County Housing Authority, the U. $. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996. Tampa. Florida. -28- McQuay & Co., CPAs, P.A. C-r. gr~rW~ ~r~UC ACCOUNTANTS M~n: AICI~; FICI~ Independent Auditor's Report on Compliance with Specific Requirements Applicable to Major Federal Financial Assistance Programs Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements of Collier County Housing Authority. as of and for the year ended September 30. 1996, and have issued our report thereon dated November 8, 1996. We have also audited Collier County Housing Authority. compliance with the requirements governing types of services allowed or unallowed: eligibility; reporting: claims ,%r advances and reimbursements: and the following special tests and provisions that are applicable to its major federal financial assistance programs, which are identified in the accompanying Schedule of Federal Financial Assistance. for the year ended September 30. 1996: · Test of Housing Assistance Payments program records and procedures for reviewing contract rent and utility allowances for each unit to assure that they do not exceed certain rent limitations. · Test of Housing Assistance Payments program records and procedures for handling annual adjustments to contract rents and tenant utility allowances, upon request from thc owner and procedures for handling special adjustments. · Test of Housing Assistance Payments (HAP) program records and procedures for conducting initial inspection of units before executing the HAP contract to ensure that the unit meeks Housing Quality Standards. The management of the Collier County Housing .Authority. is responsible for Collier County Housing Authority's compliance with those requirements. Our responsibility is to express an opinion on compliance with those requirements based on our audit. We conducted our audit of compliance with those requirements in accordance with generally accepted a-tilting standards. Government Auditing Standards. issued by the Comptroller General of thc United States, and Office of Management and Budget Circular A-128. "Audits of State and Local Governments". Those standards and OMB Circular A-12g require that we plan and perform the audit to obtain reasonable assurance about whether material noncompliance with the requirements referred to above occurred. An audit includes examining, on a test basis, evidence about Collier County Housing Authority, compliance with those .requirements. We believe that our audit provides a reasonable basis for our opinion. -29- 1 !0 N. Lincoln Avenue, Ta~npa, Flori~33609 * (813) [76-2170 * FAX (813) 872-OI96 ® Toll Free (gOO) 852-1049 16G 2 Board of Commissioners, Collier County Housing Authority The results of our audit procedures did not disclose any immaterial instances of noncompliance with the requirements referred to above. In our opinion, Collier County Housing Authority, complied, in all material respects, with the requirements governing types of services allowed or unallowed; eligibility; reporting; the special tests and provisions previously described; and claims for advances and reimbursements that are applicable to each of its major federal financial assistance programs for the year ended September 30, 1996. This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996, Tampa, Florida. -30- . 16G 2 McQuay & Co., CPS, s, P.A. Independent Auditor's Report on Compliance with the General Requirements Applicable to Federal Financial Assistance Programs Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements ef Collier County Housing Authority, as of and for the year ended September 30, 1996, and have issued our report thereon dated November 8, 1996. We have applied procedures to test Collier County Housing Authority's compliance with the following requirements applicable to each of its federal financial assistance programs, which are identified in the Schedule Of Federal Financial Assistance. for the year ended September 30. 1996: · Political Activity · Davis-Bacon Act · Civil Rights · Cash Management · Federal Financial Reports · Allowable Costs/Cost · Drug-Free Workplace Act Principles · Administrative Requirement~ Our procedures were limited to the applicable procedures described in the Office of Management and Budget's Compliance Supplement for Single Audits of State and Local Governments. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on Collier County Housing Authority's compliance with the requirements listed in the preceding paragraph. Accordingly, we do not express such an opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the second paragraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that Collier County Housing Authority. had not complied, in all material respects, with those requirements. This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996. Tampa. Florida. -31- ! 10 N. Lincoln Avenue., Tampa, Florida.33609" (813) 876-2170 ' FAX (813) 872-.0196 ® Toll Free (800) 852-1049 McQuay & Co., CPAs, P.A. ~D I,UBL~C ACCOUNTAN"~ Membera: AICPA; FICPA 16G Independent Auditor's Report on Compliance With Specific Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements of Collier County Housing Authority, as of and for the year ended September 30, 1996, and have issued our report thereon dated November 8. 1996. In connection with our audit of the financial statements of Collier County Housing Authority. and with our consideration of Collier County Housing Authority's. control structure used to administer federal financial assistance programs, as required by Office of Management and Budget Circular A-128. "Audits of State and Local Governments", we selected certain transactions applicable to certain nonmajor federal financial assistance programs for the year ended September 30, 1996. As required by OMB Circular A-128, we have performed auditing procedures to test compliance with the requirements governing types of services allowed or unallowed: eligibility: and the following special tests and provisions that are applicable to tho~ transactions: · Evaluation of the adequacy of the Authodty's procedures for assuring that housing is occupied only by eligible persons. · Test and review of the records of selected occupants, to determine whether there is adherence to prescribed procedures for eligibility both as to occupancy and income · Examined the notice of approval provided by Rural Economic and Community Development for the rental rate. · Test and evaluation of the adequacy of the Authority's procedures for ascertaining and verifying tenants' income. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on Collier County Housing Authority's compliance with these requirements. Accordingly, we do not express such an opinion. -32- ! 10 N. Lincoln Avenue, Ts. mpa, Flodd~33609 * ($13) ~76-2170 * FAX (813) 8724196 * Toll Free (g00) 852-1049 16G 2 Board of Commissioners, Collier County Housing Authority With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us. to believe that Collier County Housing Authority, had n°t complied, in all material respects, with those requirements. This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. November 8. 1996. Tampa, Florida. -33- SUPPLEMENTARY INFORMATION -34- 16G 2_ McQuay & Co., CPA.s, P.A. Members: AICPA; FICI~ Independent Auditor's Report on Supplementary Information Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements of the Collier County Housing Authority as of and for the year ended September 30, 1996, and have issued our report thereon dated November 8, 1996. These financial statements are the responsibility of the Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions or' Office of Management and Budget Circular A-128, "Audits of State and Local Governments". Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and di.~losures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement pre~ntation. We believe that our audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the financial statements or' Collier County Housing Authority taken as a whole. The accompanying Schedule of Federal Financial Assistance and the supplemental data required by Rural Economic and Community Development and HUD are presented for the purpo~ of additional analysis and is not a required part of the financial statements. The information in these schedules has been subjected to the auditing procedures applied in the audit of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. Novembe: 8. 1996, Tampa. Florida. -35- 110 N. Lincoln Avenue, Tampa, Florid-, 33609" (813) $76-2170" FAX (gl3) 872-0196 ' Toll Free (800) 852-1049 16G 2 2 COLLIER COUNTY HOUSING AU'FiiORITY Immoknlee~ Florida STATEMENT OF REVENUES AND EXPENDITURES COMPARED TO BUDGET (PROPRIETARY FUND TYPE) RECD SUBSIDIZED HOUSING ONLY For the Year Ended September 30, 1996 REVENUES Rcnt- housing unika Rcnt- othcr facilities Income on inverted funds Other opec,ting rcvcnuca Toval rcvcnue~ OI'ERATING F~Xi'ENSES Administrmivc Salarie.~ Employce bcncfits Contract services lrkxuranc¢ Other Total administn~dvc Maintenance Sallies Contracts Malcrials and supplic.,~ Tola[ ~nuint¢~anc¢ Security Salaries Other Total security Utilities Total expenses EX I'F~N I)ITURI'~; Debt Service Sinking fund reserve transfers Capital omlay Tolal expenditures and expenses BUDGET ACTUAL !,502,592 $ 1,517.315 41,100 36.407 77,500 55,200 99~ 100 97,27 i 1,720,292 I1706,193 VARIANCE 166.719 167,560 251,496 251.496 35,171 23,430 14,723 (4,693) (2230O) (i,s2~ (14,099). I';XCI'~S RI,;VENUI'; OF OVER EXi'ENDITURI~ Sec Notes lo Fin;mci;d Statcmenls. 279,105 274.124 4.98 I 172,547 199.071 (26,524) 42,0(X) 33,678 /1,322 168,574 149,936 18,638 42,0Cg) 75,644 (33.644), 704.226 732.453 (2~,227). 286,720 240,215 46,505 12,000 23,643 (11,643) I 52,{x~o 171,043 ( I 9.o43) 450,720 434.9o I 15.819 32.960 31,570 1.390 4,(xx~ 5.,x31 (1.831) 36,9(~') 37.401 (44 I) 75,000 74,774 226 1.266,906 1,279,529 (12.623) (X4 i) I 1,741 1,720,292 1,722,015 $ (15.822~ (I.723). !15.822) -37- 0-- ,¥ 0 -38- 16G 2 -39- ~ o ~ ..... 16G 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ACTIVITIES OF THE HOUSING AUTHORITY September :MI, 1996 The Authority had 571 units of Rural Economic and Community Development Farm worker labor housing in management at September 30, 1996 and was administering 270 lease housing units under the HUD Housing Assistance Payments Program. Management 09-011-05914055 Farm Labor Housing Sections A - D 571 Leased FL29-E- 141-001-006 FL29-V- 1414)O4-008 FL29- K- 141-001 Section 8 Housing Certificate Program Section 8 Housing Voucher Program Section 8 Moderate Rehabilitation 145 90 35 270 TOTAL 841 -40- U 0 '~ 16G 2 d 16G 2 COLLIER COUNTY HOUSING AUTItORITY Immokalee, Florida SCHEDULE OF AGED ACCOUNTS RECEIVABLE RECD SUBSIDIZED HOUSING ONLY (PROPRIETARY FUND TYPE)., For thc Year Ended September 30, i996 ACCOUNTS RECEIVABLE - TENANTS One bedroom units Two bedroom mills Three bedroom uniLs Four bedroom units Total accounts receivable - tenanLs All accounts receivable are cu~ent ms of Septem~r 30, 19965. NO. UNITS 61 173 89 98 421 .I; BALANCE 2,414 8,318 10,464 5,634 26.83O 16G 2 -43- COLLIER COUNTY llOUSING ~tUTtlORITY lmmoknke, Florida SCHEDULE OF RENTAL INFORMATION RECD SUBSIDIZED HOUSING ONLY (PROPRIETARY FUND TYPE) For the Year Ended September ~0, 1996 UNIT SIZE NO. UNITS RENTAL RATE WEEKS 16G GROSS POTENTIAL REN'r Onc bcdroom units Tw(~ I~.lr(xnn mills Thrcc bcdroo~n un[l.~ Fo~Jr I~Jnx)~n uniL,~ TOTAL NUMIIEIt. ()F UNITS 198 172 135 571 ACTUAl, RENTAL REVI'~NUE Ten an ts RECD rental assistance suhsidy Vacancy lussex TOTAL GROSS POTENTIAL RENT NOTE I -- Rental rates were effective October 1, 1995. Managcmcn! coJlcclk)n l~)licic~ pr.vide for tl~ weekly collection of rcnl. ~linqucnt a~(mnts ~ci~al)lc, if any, (h) cxc~d 30 days in most inst~. 43 52 S 147.576 49 52 504.50.1 55 52 491.920 (~ 52 421 ~200 $ ~,5~5.2~ Pcrccnlage Amount 80.68% $ 1.262,783 16.26t,~, 254,532 96.94% 1,517,315 3,¢)6% 47.~85 I(}~).O~Y~, $ 1.565.2(X) 16G 2 NAME OF F1NANC'IAI. IN~-rm fT'ION I"h~ida Cnnm~.fity B,~lk 1400 Noffll ISLh Sttcct Iron.kalco. l"legidn 33934 I'clicm Bay P. ¢). Box 45092 Jack~nwille. Fl. 32232 Natio~ts Bank of I"k~ri,La P. O. Boa 31590 Talsq,a. F'lodda 33631-3590 I'. (}. llot 499g { hl~lo, lq 32gO2-499X 'Fi YI'AI. COLLIER COUNTY HOUSING AUTIIORFFY Immokalee~ Florida SCIIEDULR OF FXNANCJAL IN~'FITUTION INFORMATION RECD SUIISIDI~.J~I)HOUSING ONLY (PROPRI~ARY FUND TYPE) ~'lflf~bct .~, I ~6 ACCOUNT NAME Revenue Fund CCI IA ~fip I~ ~flific~ of ~it C~niff~ of ~ In. anco Reserve Fund Bond & C~aifical~ of Deposit Sinking Fund Rc..,~rvc Ix~n Counly Sd~ool Disttlct I~J. O. O flo~vJ Sa'aso~, I"~'ida I~f'raqL"~%rc Said .'~r~aa Rcvcouc Ii,md I'~nkta Sue Tum~ke Authodo/Bond l'~al Co~n~/, I"L School D~icl ReJ'unding Dc~gl I Jom~te.~d. FL Sin~cial In.~nce A.a,~.t.m~l Rcvcnoe II~n~.l I Io,w~stead. I"L Sffect~i Ir~nJ~c ..~aoan~a Rcvem~e Bond Lee Courtly FL {,~tu~ula{ Devck,~mmt Authority I Jlility Rev. Day, taxa Beach. I~. Walet and S~. Rcv~ IImMn ACCOUNT BAI .ANCE 3X.910 13 X,996 425 IIIZ. 4(~! 50.nO0 ~J,fXlO I /',Tfl. X'; I %1 40.{29 ~).000 ~f'ff,.41 I 397.501 73,623 23.942 I00.000 IOO.¢1oo IOO.OfIO 40,000 25.0OO 3O.(X~O 1 n.fl{N') $ t"'l .ASSII"ICA'FION Cads. Ijmc.,mk~ed l-'u,-,d C..a.~ - R~.~rvc l:u~l Inve.~n~-nts - Re.~rvc Fund Ca.~h - R~:~v¢ {:u,~l Ca.,.h · IJntc_striclcd Ftu~l Ca.~h - U,~rc.,tt~lctcd Fund C.a.~ - Rc.sert¢ I:t~J Inv,_-~n~-nLs - Rcqcrvc Fund Invcstn~nC,~ - Re.~c Fund hsvc.~mcnC,~ - Rc.~ervc I:uud COLLIER COUNTY HO~ AUTiIORITY AUDIT September ~ l~-n A CC NO: A.~402 (SECT1ON ! HOUSING A,S~ANC~ PROG~uMb'} SUMMARY OF ADJU~YI'MEN'~ MAl~ Dt~CRIPTION A3402E - SECI'ION ~ REIqTAL CERTIFiCATF. PROGRAM Accounts payable - 'KF. CD ~und TO ADJUST RETIREMENT EXPEtISE TO ACI'UAL ~ entry d~uld be ~cm~led by the PIIA) AccouaU payable - IIUD R~eeivable from I IUD Tn R~dasail'y IIUD nview (Ttti, entry r. hould tx: recxn~'d by the I'IIA) llap ilud Family Self Adnc l:ce~ Itat to IIo~ Feea · Earned Admin, feca Audit Fee Cummuhstive IIUD annual Accounts payable - I IUD To record contribution~ ('D~s entry ~ould be reco~led by the PliA) (4) U n r~..~erved turpltta Projec~ Accent Section $ ilAP To record provision for project (Thi~ entry thould be r~cofded by the PllA) Unrcaer~ed turpl~ Operatinl Reserve - SECTION I HAP To rccc~l [novi~ion for operatinG reserve ~ cntry should be recorded by the PI IA) AffectinG rc~idual rtctipts NOt A/fecting residual receipts To ~opedy rccocd propeay acquitition~ (T'h~ entry thoukl bc recxndcd by the PIIA) (7) Pfio~ year adju~ments: A~ectinI ~dual rcceipts Nm Afl'ectinI re~dual rcctil~s To reco~ ~ffcct of nc~ lacludinl Pdof )'eat adju~ments: Affec~in8 ~.t~dual recei~.s on HUD Fom~ 52681 ~Th~s catty thould be rcc~w~k-d by the PIIA) CS) Prio~ }'eat ad)u~mcnu: Affec~i~t r~idua.1 rcctipts Not A/Tec'~ng re~idua~ tecelpta To coct~a erto~ oa ilUD Fo~m 52681 in ~cofdia~ provision for operstinl reterve ~ entry d~ul,l be recorded by the 16{2 ACCOUNT NO: DI~i n' CREDIT 2119 6010 $ 66O.69 2118 56.00 I 125 56.00 3000.0 741.432.70 3210.0 32.592.30 3250.0 765.00 3200.0 84.277.00 322O0.0 1.700.00 2840.0 2118.0 135.1~6.00 31.94 ! .00 2410.0 41,352.00 2427.0 41252.00 2410.0 2826.0 9.908.OO 6010.0 7.274.85 6020.0 7.274.85 00 10.0 16,430.76 6O'20.0 16,430.76 6010.0 6020.0 $T7.89 lT7.~t9 COLLIER COUNI~ HOUSING AUTHORITY AUDIT Sepm~6er 3~, ACC NO: A.3402 (SECTION ~ HOUSING ASSISTANC~ PROGRAMS) SUMMARY OF AD~ MADE DES~N A34~lV . 5Y, CTION II RENTAL VOUCHer Iq~,RAM (i) Due to RE-CD fund Afl'ec~nI ~ ~ To ~ ~ ~ !1~11~ I I~ I1~ 1~ Cu~u~ve HUD ~n~ A~n~ ~le · I1UD ~ eat~ ~ld ~ r~ by ~ ~IA) O) Pro~a ~n~ ~ I I~P To ~ p~h~ f~ ~nt (4) O~in$ R~me - S~ON l I~P To re~ ~hion f~ ~min$ Affeaiag ~idu~ ~i~ N~ ~Fe~ ng residu~ r~i~ To ~dy ~d pr~ny ~ ent~ ~ld I~ re--ed by t~ (6) Affecting ~idu~ ~i~ To t~ ~ ~ n~ i~JnI ~or y~ ~n~: A~e~inI ~du~ ~ ~ HUD ~ ~ y~ ~nm~: Aff~Jnl ~d~ N~ ~f~nI ~du~ in ~inI ~ f~ ~ag ~e 16G 2 ACCOUNT NO: DED~T CREDIT 2119.0 $1 .g0g 6010.0 $ I ,lt07.77 3000.0 496.2~3.00 3230.1) 405.00 3200.0 56,630.00 32200.0 ! ,056.00 2840.0 500,962.00 2118.0 53,412.00 2810.0 32,045.00 2827.0 32,045.00 2810.o 53?7.00 2826.0 5,577.00 6010.0 4,364.91 6020.0 4,364.91 6010.0 6,773.30 6020.0 6,7'73.30 6010.0 2,460.80 6O20.0 2,460.80 $ 607,402.78 S. 607,402.78 COLLIER COUNTY HOUSING AUTIIORITY Immakalee~ FiariSn AUDIT September 30, I~95 ACC HO: A-3402 {,S'ECTION { HOUSING A~ISTANC~ FROGRAMS) b'UMMARY OF ADJUb'T~ MAD[~ DESCRIPTION A3402K - ,~,CT1ON 8 MODERATF, REHABILITATION PROGRAM D~ to P,~CD fund Prior y~r ndjustmcnm Affec~n$ ~i~ To ~ ~ion ~on (2) I~p l~d ~d Admin. ~c~ Cummulai~ H~ Un~d %~lus Pm~ Ac~l S~tlon 8 To ~o~ ~vidon for pmjc~ ~is cnt~ ~uld ~ ~ by ~ PHA) (4) Un~d s~l~ O~fin~ Re~c - 5~OH ~ IIAP T~ m~rd ~ion fnr o~rmin~ ~ ~ z~d ~ r~d~ by ~ PHA) ~ ~ ~ju~men~: To ~dy ~ pm~ny ~or ~ ~jmlmcn~: N~ Af~ing msid~ ~p~ O~b em~ s~d ~ r~ hy t~ PHA) ~ Affe~in~ ~fl~ ~ To ~ne~ ~r on ~D ~ in r~n8 ~fion for o~min$ ~ ent~ ~d ~ r~ by I~ PHA) ACCOLqWrNO: 2119.0 6010.0 32OO.0 32200.0 2840.0 211g.0 2810.0 2827.0 2310.0 2826.0 6010.0 6020.0 6010.0 6020.0 6010.0 6020.0 16G ?- DEBIT CREDIT 161,784 .oo 20,46~.oo 384.00 168,01~00 14.616.00 756.00 1,492.00 1,492.00 1,587.24 1,587.24 3.744.90 3,744.90 6.01 6.01 $ 190.774.32 $ 190.774.32 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Board of Commissioners September 30, 1996 Commissioner Lois Stubbs, Chairman Mar~ha Lamus, Vice Chairman Dorcas F. Howard Leo Cardona Chuck St. John Eroiraflon of Term November 4, 1996 November 7, 1997 October 17, 1998 October 27, 1999 November 7, 1998 Immokalec, Florida Immokalee, Florida Immokalee, Florida Immokalee, Florida Naples, Florida 16G 2 16G 2' COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida CERTIFICATE OF BORROWER September 30, 1996 USDA RURAL DEVELOPMENT NAME: Collier County Housing Authority PROJECT NO: 09.011-05914055 t"he information provided by Collier County Housing Authority to McQuay & Co., CPAs, P. A., Certified Public Accountants, for the preparation of the 1996 annual audit to which this certification is attached is hereby certified to be true and correct, and it is further certified that the handling of the reserve account, the operation and maintenance account, and rental receipts by Collier County Housing Authority was in accordance with the USDA, Rural Development regulations. Done this of 1997. By: Executive Director -50- 16G McQuay & Co., CPAs, P.A. January 16, 1997 Mr. Fred N. Thomas, Jr. PHM Executive Dkector Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 33934 Our Client No: 10235-00 Re: Audit September 30, 1996 Dear Mr. Thomas: Please find enclosed twenty (20) copies of the annual audit report for the Collier County Housing Authority. Since there are no significant management recommendations, a written management letter will not be issued for the year ended September 30, 1996. The Authority's staff has made significant improvements in internal control and accounting procedures. All previous recommendations have been successfully implemented. Please sign the Certificate of Borrower in the audit report on pa~e 50 of each audit report before distHbu'tion. We will be available to present the audit report to the Board of Commissioners for review and approval at their next regular meeting. Please inform me of the date of this meeting as soon as possible. Upon acceptance, the Audit Report should be retained by the Collier County Housing Authority, as a Public record in accordance with law. If you have questlons prior to that time. please contact me. An audit report distribution list has been prepared to assist you in forwarding copies to the required :~,xternal agencies. This list, although not ali inclusive is based upon information obtained during the audit. You may want to verify the current names and addresses. Thank you and your staff for your cooperation during the audit and we look forward to working with Y°U in the futu~~' ~ ']r-'-,,--Director_in.charge ~ · Encl. 110 N. Lincoln Avenue, Tampa, Florida 33609" (813) 876-2170 ' FAX ($13) $72-0196 ' Toll Fr~ (~X}) 16G 2 / $1,616,609 41,100 99,100 sol~2 636,6'74 40,317 167,920 251,496 66x IBrunits 47 Weekly 198 x 2Bt units 53 We~kly 172 x 3Bt units 59 Weddy 135 x 4Br units 64 Weekly To~! 4 % Vacancy Total ~ Rents 161,304 545,688 527,696 4~9,280 1,683,968 { 67,359) 1~616,609. 1996-1997 154,440 525,096 509,808 435,240 1,624,584 {64,983} 1,559.601 Co~verdence Sto~ and Laundry = 18,000 18,000 Security Unit ~ 2,400 2,100 Parking Permits ~ 20,000 20,000 Storage Fe~ . 1,000 1,000 Total ~ Rm~ 6,000 70.000 1,500 Debt Service Fund General Reserve Fund lr~urar~ Reserve Fund Total 41.100 6,000 70.000 1,500 _77,500, 16G 2 Ma~ Charges Legal Fe~s & Lam Cl-argm Garbag~ Collection Feea Key Replacemmt Fees Bad Debt Colkction Daily Cash Surplus Miscdlamous Incorm Total Otl~r Imolm 18,000 ! 8,000 57,000 1,000 100 3,000 18,000 18,000 57,000 1,000 2,000 100 3,000 99,10Q. T~al Rm. mm~ !,834,609 1,777.30 ! Ex~cudv~ Dh'~t~r A~v¢ M~' Fiscal Coordinator Acc, om~ R~b~ ~h~ A~ R~I¢ CI~ R~i~ M~ ~ R~ M~ O~u~ C~ R~i~t T~i~ S~r~ Total Ad~ :5% luereJ~ 66,860 22,%7 34,714 27,431 19,004 14,889 32,502 19,953 25,428 13,484 19,954 8,916 _ 306,102_ Accounting Audit General Consulting Services Contracts Total Contrnct Servk~ 1,000 12,000 16,000 5,000 14,000 Vehicle Fidelity Fin: and Windstorm Officers & Directors Worker's Compematioo 16,000 4,000 82,000 46,000 32,0OO 180,000 Dues Travel Collection Losses PILOT Postag~ 2,000 2.000 12,000 2,00o 5,000 6,000 6,000 1996-1997 63,734 22,919 34,658 27,302 19,004 14,181 32,513 19,004 25,403 13,400 19,954 -0- 292,072 1,000 i 1,000 16,000 5,000 14,000 47,000 13,000 4,000 77,000 45,000 32,000 171,000 2,000 12,000 2,000 5,000 6,000 6.000 16G 2 Office SuppLies Miscel~ FICA Unemploym~ Retirement Health lmumace To~l Gmesal Tom MAINTEN~ Salas-~: Maintemnce Managex 5 x Maintenance T~c, hniciam 8 x Maimemn~ ~ ! x part-time Janitorial ' Appliances Electric Equipment S~m & Mam'iais: Appliance Parts Paint & Chemicals Electrical Parts Equ:pmem Pans Fuel Plumbing Parts General MateriaLs Tol~! Salm~ To~l ~ Kitchen Applian~s office Equit~e~ *S~~A Toml~ 199%1998 $,000 5,000 49,400 100,000 63,700 3,000 !,000 267.100_ 801,202... 34,128 101,247 144,222 9,000 8,658 297.255 1,000 !,000 10,000 12.000 23,000 40,000 14,000 16,000 14,000 30,000 40,000 177,000. 35,000 4,619 11,800 99,000 150.419 1996-199'/ 8,000 5,000 48,000 89,406 50,000 3,000 1,000 241,406 751,47~ 34,128 105,000 142,000 8,000 289,128 1,000 1,000 10,000 12,ooo 23,000 40,000 14,000 12,000 13,000 30,000 40,000 172,000 35,000 5,000 13,035 80,269 133304 606,432 16G 2 sr~-'muTY 2 x Secm'ity Oftice,s 32,832 3% ~ 985 1996-1~ 33,824 Electric Gaeo~: D~po~ Water/Sewer Tele~horm DEBT SERVICE Series "A" Series "B" S~es "C" Sefi¢~ "D" Bond Interest: 6,500 5,000 To, al ~ _40,317 ~ RESERVES Regular Insurance 251,496 -0- To~ai Utmt~ Series "B" Series "C" Series "D" 25,000 25,000 31,000 31,000 3,000 3,000 17,000 17,000 28,000 28,000 33,000 32,000 57,000 57,000 25,000 25,000 2,330 2,610 4,530 4,850 10,560 11,130 7,500 7,750 167920 ToUd ~ ~ .~ses 2_51.496 1~973.609_ !68,340 1,892.570 Atm:imle~ A Misc. Furnitu~ Computer & Typewriter Misc. Tools for shop 1 Flocx' Machine '1 Wet Vac Floor Machine I F-800 Diesel Compactor Garbage Truck 1- 4 Door Se~_n # 50 TOTAL $ 17 500.00 $ 17,500.00 _ $ $ 35,000.00'* _ 4,619.00_ $ 4,619.00_ $ 6,800.00 _ $ 3,000.00'*_ $ 2,000.0O** $ $ 80,0OO.00'* .. $ 19,000.00'* .. $ $_1 i0,800.O0 _ $ !.50,419.00 .._ ** Out of Reserves: $139,000.00 each ~ ~'in the sta_~ des?gnat, e _a. Section 189.416, ~ Statutes, requires It~t~ _ ~.~.~.~ddon with the uepanmem m registered agent ~o me.u~.. ""~'_'L~C-~..,~v Board of County registered office a'x:l a aut~ortty, ~ '"'"-'" the Community Affairs and the local governing must be reported to Coroners. Any changes in registered agent and. regis'tm'ed office above named agencies. In the space below, please provide the correct name and address of yo~"-cu,..mnt-reg-']stered agent: CoOL,La: County Eoua~n8 Auct~oriCY ' DISTRI.CT NAME REGISTERED AGENT ~'£ed ti. Thomas, J:- REGISTERED OFFICE 1800 Farm l~o:kar gay lsz=okalee, IrJ-o :ida In addition, please provide the telephone number of your registered agent: PHONE NU.MBER Indicate your district's status (dependent or independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definitions.) INDEPENDENT x DEPENDENT - If the actual location of your special district office is different from that of your registered agent, provide the district's business address in the space below:. Please return this form, to the address below:. Collier County Courthouse 3301 Tarntami Trail East Finance Department, Bldg. F 4m Floor Naples, Florida 33962 COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETINGS ~1997-1998 Nove~nber 25, 1997 February 24, 1998 May 26, 1998 August 25, 1998 (annual) Novcmbex 24, 1998 16S 2 DESCRIPTION OF OUTSTANDING BONDS We have previous bond sales during the period 1972 to 1983 and in 1990 with outstanding debts. The balances a~ of September 24, I997 are as follows: 1972 Bond"A'~ $ 233,000 1976 Bond"B' $ 453,000 1981 Bond "C" $1,056,000 1990 BOnd"D' ~ Total $ 2,492,000 16G PUBLIC FACILITY REPORT GENERAL: Farm Worker Village a Five Hundred,Forty-One (541) unit community for domestic farm workers was built in four (4) sections. Section 'A' has 150 units, opened in 1974 Section 'B' has 126 units, opened in 1978 Section 'C' has 215 units, opened in 1983 ' Section 'D' has 50 units, opened in 1991 Collier Village a Thirty (30) unit community for domestic farm workers was opened up in 1991. Ail of the units are the same basic design with the one (i) bedroom units built in fourplexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedroom unit~ are single family dwellings. This configuration yields: 66 ~ I bedroom units 198 = 2 bedroom units 172 :~ 3 bedroom units 135 "4 bedroom units Total 571 units We have three (3) day care centers, a migrant health clinic and a community building. iMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD September 24, 1997 iMMOI<ALEE, FL $4142 Clerk of Circuit Court Finance Department Derek M. Johnssen 2671 Airport Rd, Court Plaza III Naples, FL 341 l:2 Dear Mr Johnssen: Please find the following items enclosed: Rebuttal to Management Letter Budget Registered Office and Agent Schedule of Regular Meetings lfyou have any other questions, please call the office at the above number. Sincerely, ;' (C~ Oona Reyna Senior Secretary Enclosures F1 EC-~'IVED '~r,,~rd of County Comtsstoners TELEPHONE (94B 658-3630 . FINANCE iMMOKALEE WATER & SEWER DISTRICT 1020 5ANrrA~ION ROAD IMMOKALEE, FL 34X42 16G 2 TELEPHO~ (941) 658-3~30 January 31, 1997 Grego~ L. Carutbe~ Rur~ Economic ~1 Community Development 4362 Northlake Blvd., Suite 105 Palm Be~ch Gazde~, FL 33410 This letter i~ in re,Donse to the Mam~cmeat ~ in the District's Year Ending Septembo' 30, 1996 ~udit, performed by Iarn~ W. Spires Jr., CPA; of Spir~, W~l~,,e & Company, P.A~. The District has r~nnciled the subsidiary ledgers, however we recognize the need to perform this on a monthly basis. 'ew In mo~t ~ our normal colh~ction proce~ ('~; ye a more formal rev~ pro~.. . · · ' the delinquent customer Wpay. We he begun ,. effective m gett~ .. · lock meter, extrg~ meter) . leto. We h~ve In addiuoa we nave myosin · u~.,~, a hi~tory o~. unl~-u ..~.~'~'_ ~_--.[_r..,..aa.,,, In an effort to auev~e ms sm,,-o-, ~ ,-,-,,---- Vl%~ t~ ~[ lAvv'u~e' ..... .- .- .,.~,.-. ~,llv the Tho A/K Clerk wo~ oo the ~ by cyde~ m depo~it~ ~r~n~ entered into the g~idi~ ledse~ until is working on tl~ pgticulg cycle. ~ ~ it extremely h~'d to b~mce. Wo have ide~if~l mo~t of the rnissins receipt numbers. We will ~ begin ~ ,depot-in-transit" file to identify those receipts ~ outside of the "working cycle". David E. Lind~y Di~xict Director IMMOKALEE WATER & SEWER DISTRICT 16G ~! 1020 SANITATION ROAD IMMOKALEE, IL. 34142 TFI FPHONE (941) 6S8-3630 September 22, 1997 County of Collier Clerk of Thc Circuit Court Finance Dcp~uxxcnt 2671 Airport Rd, Court Plaza III Naples, FL 34112 Dear Mr. Johns.sen: Our registered office is located at 1020 Director, David E. Lindsay. Director Sanitation Road, Immokalee, FL 34142. The registered agent is IMMOKALEE WATER & SEWER DISTRICT 16G 2 1020 SANTrATION ROAD IMMOK.A! FF,,, FL 34142 T~! FPHONE (941) 658-3630 Please pdnt the following in your legal notices. Thank You. NOTI~ 011' MEETINGS Regut~r Meetings of the Bo~'d of Commi~ione~ for the lmmokalee Water& Sewer District are scheduled fo~ the third Tuesday of each month,, at 3:00 P.M., at the office of the lmmokalee Water & Sewer District, located at 1020 Sanitation Road, lmmok~ee, Florida 34142; or the following date~: October 21, 1997; Nov~nl:nr 18, 199~; D~z. mber 16, 1997; ,l'm~m'y 20, 1998; February 17. 1998; M~rch 17. 199S; Alari121,199~; .~,;~ :' May 19, 1998; Jur~ 16, 1995; July 21, I998; Augu~ IS, 1995; ~ September 15, 1998. REGULAR MEETING AGENDA l. Call to Order 2. Preliminaries A. Pledge of Allegiance B. Roll Call C. Adoption of Agenda D. Adoption of Minutes E. Employee Recognition F. Public Concerns G Good Cause Items H. Board Concerns I. Old Business 1. Committee Reports: J. Civil Rights Compliance Report . 3. Action Agenda 4. Consent Agenda 5. Discussion Agenda A. Engineering Report B. Directors Report C. A~omey's Report 6. Adjournment F:\WPWIN60~AGNB LK97. WPD 2' RESOLUTION # 97-5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER DISTRICT ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997. WHEREAS, the Board of Commissioners of the IMMOKALEE WATEP. AND SEWER DISTRICT (hereinafter referred to as the "Board") is authorized and empowered to construct, operate and maintain a Water and Sewer System (the "System") within the boundaries of the lands described in Florida Statute Chapter 78-494; and WHEREAS, the Board is authorized and empowered to make rules and regulations for its own government and proceedings; and WHEREAS, the Board wishes to adopt an annual Budget, for the Fiscal year beginning October 1, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER DISTRICT, in public meeting assembled that the following Budget be adopted: IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUEX3~-GRO~ OPTION 16G 2 ALL BUDGETED FUNDS FISCAL YEAR 1998 BOURCE8 OF FUNDS RevlnUel Ca,~ltal Cont~butlonl and Olhlr Deht Proceed~ Trln~{erl In TOTAL SOURCE3 OF FUND8 USES OF FUND3 O & M Expenditures Capital Expenditures Wh olenale Purchaeel Debt S )rvlce Debt Issuance Cost T~anstera Out TOTAL USE8 OF FUNDS EXCESS (DEFICIENCY) OF SOURCES OVER USE3 OF FUND3 Residual Equity Trinlferl CABH BALANCES, BEGINNING OF YEAR CASH BALANCES, END OFYEAR FOR MORE DETAIL GO TO - = m = . . ·.> and Melnt, Fund~ 3,062.185 8,585 29,721 Special Debt' Revenue 9ervlce Funde Funds 14,721 0 81,782 0 0 877.352 18,100.491 196,503 1877.352 Capital 'Projecls Totals Funds 15,000 253.680 0 249.219 $517,900 $4,592,245 3,091,905 344.047 o 1.156,292 1.941.883 1,g41,883 5o2,goo 502,900 o 81.782 808.540 8e8,322 o 1.12e,571 14,721 o 15,ooo 1,$56.292 $3,088,454 $06,503 $808°540 $517,900 $4,48g,396 32,037 O 70.812 0 102,849 0 0 0 0 0 332,234 11.g42 531,070 (01 875,245 $364.271 $11.942 $601.8B2 ($o $978,094 Page8 Plgll4 Page16 Pago24 ........... BUOGOPTA. WK3 PAGE 1 OF 3~ IMMOKALEE WATER & SEWER'DISTRICT HSCAL YEAR 1998 BUIX~ET-GROVE OPTION FISCAL YEAR 1996 TRANSFERS ALL RUDGETED FUNDS TO=-=-> OPERATING TRANSFERS TE ANg, FER8 FROM Opetatlona & Maintenance Special Revenue Fund*, Debl 9ervlce Fund*, Capital Project FunCls Totile Opetetlone Special Debt Capital and Malnl. RlVlnUl 8arvlce Projectl Totals Funda Funds Funds Funds' 877,352 249.219 1,128,571 14,721 O 14.721 0 15.000 15,000 $29,721 $0 S877.352 $24~.21 S1.156,292 BODGOPTA. W K3 PAGE 2 OF 36 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1997 BUDGET ".t__ ALL BUDGETED FUNDS FISCAL YEAR 1997 BOURCES OF FU#D8 Rlvenull Capital Contdbutlonl end Othtt Oebl Procaeda Tr&nlferl In TOTAL 8OURCES OF FUND~ USES OF FUNDS O & M Expenditures Capital Expenditures Wholesale Purchases Debt Ser¥1Ol Debtllluince Cost Transfers Out TOTAL USE8 OF FUNDS EXCESS(DEFICIENCY) OF 80URCE~ OVER USEa OF FUND~ RealduelEqultyTransters CASH BALANCES, BEGINNING OFYEAR Oper&tlonl Ind M&lnt. Funds Special Debt Capital Revenue Service Prolects Totals Fundl Eunda Funds 2.ms(.ssm 22.283 0 16,000 2,692,9(1 s,500 161.000 0 1.146 3201 1.315,820 734,858 734,856 3s,263 0 771,884 191,498 1,001,84§ 12.701.441 $183.283 $771.8e4 $2,0aa.674 $5,745,261 1.857,038 161,000 963,362 22.283 2.072.674 701.052 0 16,000 1.857,03e 2,072,674 o 882.052 o 1,001,645 $5.793.406 $2,a20,39S $183,283 $701.052 $2.086.674 (118,957 70,812 (0 (49.14§ 0 0 0 0 4§1,191 11,94 460.258 0 923,391 16G 2 BUDGOPT&WK.3 PAGE3OF3~ IMMOKALEE WATER & SEWER DISTRICT HSCAL'YEAR 1~7 BUDGET FIb, CAt. YEAR 19°7 ~RA~ERS FRO~ Special Revenue FunOs Oe~t~mrvlce Funds CapltaIProleclFunO~ Ta~l~ Operitlone Ipeclll Debt Capital and M lint. Revenue Service ProJacta Funds Fundl Funds Funds 771,864 191,4g8 22,283 18,000 $38.283 $0 $771,864 Totals SS3,382 22.283 0 16,000 $191,498 $1.001,{~45 BUDOOPTA. WK3 PAGE 4 OF 3~ BUDGOPTA. WK3 OPERATIONS AND MAINTENANCE FUND PAGE 5 OF 3~ 16G IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUIX}ET-GROVE OPTION SOURCES AND uSES OF FUNDS tOURCES OF FUNDS {Sam page 7) Chargee for Sevlcee Other Revenue Tranlfnreln Other Source*J of Funds TOTAL SOURCE OF FUN[ UI~ES OF FUHD9 (See Pagan 9 - 12) Operations and Maintenance: Water Treatment and DistributiOn Waateweter Treatment Wastewater C ollncllon Customer Service and A(3mlnlstratIon Total O & M Espandlturee Transfers Out 16G 1995 ACTUAL 2,187.187 1998 [ 1997 ACTUAL ,]PROJECTE? 2.303,310 2.545.§5~ 1996 1998 1998 CSL ISL PROPOSED / 2.950,933[ ~ 2 950 933 113,475 88.419 109,102 111,2521 [ 111.252 ~ 1 88,272 24.734 22,263 29.721t 29.72 13 833 11,855 8.500 8.5851 ! 8,585 $2,362.54 $2.428,319 $2.665.44 S3,100,49 $01 $3,100,491 369.273 418,620 505,82; 469.268 558,905 815.349 279,165 294,355 261,398 540.524 469,632 474,463 523,880 844.809 251.940 519.865 $1.761.712 $1.857.036 $1,940.3011 566.078 527.986 963.362 1.126,571 (464] 2,066 0 $1.582 15,000 523.403 646.675 251.940 519,865 $1.941.683 WI1 oleaale Purcllllel Other Uses or Funos Total Uses of Fundl $2.214,356 $2,289,896 $2,820.398 $3.066.872 $16.582 $3,068.454 EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNOS CASH, BEGINNING OF YEAR ALLOCATED TO ASSESSMENTS FUND RESTRICTIONS FOR NON-BUOGETITEMS 148,192 136,621 (134,957 33,819 0 32,037 302.357 450,559 589.180 454,222 454.222 URESTRICTED CASH, BEGINNING OF YEAR 302.367 589.160 454,222 0 454.222 RESIDUAL EQUITY TRANSFERS INRESTRICTED CASH. END OF YEAR $450.559 $569,180 $454.222 $487.641 $0 $486.259 2 BUOGOPTA.WK3 PAGE 6 OF 36 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUDGET-GROVE OPT[ON 16G 2 SOURCES AND USES OF FUNDS Ch,,rgee for Services Water Sales Wastewater Charges Meter Service Charge Reconnectlon and Transfer Fees Miscellaneous Charges end Fees Total Charges l'or 8ervlcel Non-Operating Revenue Interss! Income Cellular One LIIII Other Non - Operlling Revenul (lnclude~ Capttal Crlclt~ & Ae~ellmo~t Feel) Total Non- Op®retl#g Revenue Transfers In - (Special Asseslment Interest & Land Sales 1607) Other Sources - Contributed Capital TOTAL. 8OURC/S OF FUNDS 1995 ACTUAL 681,786 1.316.173 129,654 31.090 7,564 1998 ACTUAL 738,220 1,378,655 139,851 42,715 5,869 1997 PROJECTED 616.550 1.517,537 151,689 45.000 11,500 1996 PROPOSED* 953.968 1.763.276 178.624 45.450 11.615 $2,107,157 $2,303,310 $2,545,5§§ $2.950,933 57,873 46.241 54,000 46.040 2,067 7.729 8.078 8.188 83,636 32,450 47,024 57.024 $113.475 $88.419 $109,102 $111,252 ....................................................6e,272~ 24.734" 22 283 29.721 13.633 11,655 8.500 8.585 $2,382,548 $2,428,319 $2.685,441 $3.100.491 'A 15% rata Increale Ii scheduled for November 1, 1997, For revenue purposes growth Is estimated et 1% per year, BU DGOPTA. WK3 PAGE 7 OF 36 8U D~OPTA. WI~ OPERATIONS AND MAINTENANCE FUND PROGRAM BUDGETS PAGE 8 OF 36 16G IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION 16G"2 ' PROGRAM lO00---Wltlr PllntllDlatrlbutlon BUDGETED AMOONTS AT BEGINNING OF FISCAL YEAfl~ C O D E D E SCRIP TIP N 1995 1 gg8 1997 1100 Salaries and Wage'3 108,185 121.487 143,584 1410 Overtime 18,105 21,925 12.539 2110 FICA 9,508 10.971 11.942 2540 Unemployment Taxis 1.617 1,617 1,848 2200 Employer Pension Contribution 6,491 7.289 8,411 2310 HeallhlLifelnsurance 26.800 28,080 31,590 2430 Workers Compenlaflon 10,291 11,779 13,145 4010 Travel and Training 825 4,518 4,140 4110 Telephone and Fax 1.100 1.320 1,244 4350 Elecl:rtc---AlIOIher 78.000 80,000 102.129 4510 GeneralLlablltylnsurance 4,500 4.940 8,287 4530 Comprehelhre Autolnlurlncl 8,830 5,068 2,546 4590 Other Inlurlncl 6,803 7,414 8.638 4640 RIpIIrl & Maintenance 16.000 23,404 24,795 4630 Other Contrlct Services 2.508 6,097 5,362 5220 Vehicle Fuel 6.400 4,968 5,311 4650 Vehicle Maintenance 3,800 3,805 11.903 3310 Llcln,elandPermltl 300 100 414 5240 Chemlcsll 38,000 18,000 27,480 5280 LaboratoryExpensaa 13,800 2,000 2.437 5280 Laboratory Feel 0 2.000 3,685 5340 Other Materials 28,000 36,271 36,800 5270 Uniforms/Clothing Allowance 3,000 2,418 2,708 5410 M e m b ershlpllPerlodlcals/B OOkl 100 104 414 ..... TOTA ....... " .... ""=='"'"""='"="' .... "'==' C M 383,161 405,575 471,292 AUDITED TOTALS 389.273 418,820 1995 1996 lg97 PROJ. 135,000 35.595 13,051 800 8,100 27,898 12,127 1,000 1,244 5.084 2,513 6,575 25,750 5,382 5,756 12,206 440 44.216 4,695 3.882 35.000 2.455 135 505,826 1998 CSL 16L PROP. TOTALS 145,535 10,826 186.361 23,814 (12,158) 11.658 12,955 (102) 12,853 1,617 231 1,848 6,732 467 9.219 34,658 0 34 658 12,112 232 12,344 1,040 1,040 1,294 1.294 121,848 121.848 5,036 '5,036 2.591 2,501 6,484 8,484 26,780 28,760 5.576 5,876 5,986 5,986 12.694 12.694 458 458 46,685 46,685 4,863 4.883 4.016 4.016 36.400 36,400 2.553 0 2.553 140 140 523.888 (484) 523.403 Calculatlonl for expenlel use altlmatedlncrlllll In coltl In the amount of 4.%. with the following exceptions: Payroll type expenses ara calculated It actual, Including allowances for 6chaclule A raise1. A 3.3% Increase Is also calculated tot I coat of living Increale on 04/01/08. BUDQOPTA. WK3 PAGE g OF 36 IMMOKALEE WATER & SEWER DISTRICT 1 6 G"'2 '. 1020 SANTTA'gON ROAD IMMOKALEE, FL 34142 T~_! ~PHONE (941)658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: PART-TIME LICENSED OPERATOR FOR WATER DEPT. 3 DAYS PER WEEK UNTIL JOHN E JAMES BECOMES LICENSED. THEREAFTER- 2 DAYS PER WEEK. JUSTIFICATION: NECESSARY TO CUT OUT COST OF OVERTIME ON WEEKDAYS AND yfEEKENDS. ALSO. PROVIDES NECESSARY BACK-UP FOR MR. WARDENS LICENSE. ONLY 40lA gETIREMENT BENEFITS WILL BE PROVIDED. WILL PROVIDE ANOTHER OPERATORS INPUT INTO OPERATIONS. COST: Ophelia AHen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CO~URRING BOARD MEMBERS SIGNATURES IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUDGEr. G.ROVE OPTION PROGRAM 2000---Wealewotor Pllh'! i BUDGETED AMOUNT8 AT BEGINNING OF FISCAL YEARS COD E DESCRIPTION lg95 1S96 1997 1110 Salaries and Wage,, 98.868 111,572 131.103 1410 Overtime 13.764 16,687 13.439 2110 FICA 8,616 9,812 11,057 2540 Unemployment Taxes 1,155 1,386 1,388 2200 Employer Pension Contribution 5,932 5,694 7.888 2310 Health/Lire Insurance 18,265 19.580 19,580 2430 Workers Compenssllon 8,107 9,206 10,508 4010 Travel and Training 925 895 1,040 4110 Telephone and Fax 2,000 1,841 1,785 4350 Electric 118,000 105,000 133,848 4370 Section 8Electric 40,000 36,000 35,380 4510 General Llabllty Insurance 3,150 3,458 4.408 4530 Comprehellve Auto Inlurlnco 1.200 1,082 548 4590 Other Insurance 4.900 6,671 5.053 4920 Section 8 Field Maintenance 11,000 7,245 21,840 4640 Repairs & Maintenance 10.000 12,689 33,280 4880 Section 8Repairs 11,000 9,316 S,031 4630 Other Contract Services 1,700 5,809 7.737 5220 VlhlcleFuel 2,000 1,755 3.623 4850 VehlcleMalntenance 1,500 1,000 534 3310 Llcenle,,andPermltl 300 1.000 25 5240 Chemicals 11,000 11,385 19.494 5280 Laboratory Expenses 19,528 S,000 3,228 5280 Laboratory File 0 6,000 17,333 5340 Other Mt. rerlale 10,000 18.105 20,944 4910 Residuals Management 115,000 90.000 75,000 5270 Unltorme/Clothlng Allowance 3.000 2,167 2,544 5410 M e m ber,,hips/Perlodlcale/BOokl 600 328 32 .... COLUMN TOTAL8 519,510 502,6S2 591.707 AUDITEO TOTALS 460,2S8 568.905 1995 1996 1997PROJ, 132'1963 26,139 12,171 550 7.978 20,457, 9,775 1,990 2,011 121.851~ 31.999; 3,558; 537 4.260 21,735 46,000 25,000 6,000 3.606 3,719 427 22,259 4,802 1¢,767 25,547 62.000 2,532 716 S15.349 199S CSL ISL PROP. TOTALS 170.440 4,708 175.148 18.118 (4.128) 11.990 14,272 44 14,318 1.388 231 1,617 10.226 282 10,509 25,920 732 28,652 12,215 129 12.344 2.070 2.070 2.091 2,091 126,725 126,725 33,279 33.279 3.525 3,525 553 553 4,167 4.197 19,804 19.804 31,040 31.040 28,000 26.000 6,240 6.240 3.750 3,750 3,888 3,868 444 444 23.149 23.149 4.994 4,954 15,358 15.358 28,569 26,569 57,000 57,000 2,633 66 2,699 745 745 644,609 2.068 646.875 Calculations for OXpOfllll UII lltlmllld Incrlllll II1 COI|I II1 tho lmOunt of 4.%, with thl following lXCeptlonl: Payroll type oxpensOl are CelCuleted It actual. Including IIIowInCll for Schedule A raiaee. A 3,3% Increase II IIlO calculatld tot I COlt of living lflcl'lllO on 04/01/98. le-,L Iflcludel I Waltaweter Plant Allletent Supervisor for two monthl. Note: In F Y ~999 - Electric coats wlll lncroafo by approx. $20.000, Payroll related cofte w/Ii Increase Dy an a ctcllgonal $aO, 000. BUDGOPTA. WK3 PAGE 10 OF 36 IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMOi4.a-I FF. FL 34142 TFI FI:~-IONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: ASST SUPERVISOR FOR WASTEWATER PLANT-WILL NOT BE NECESSARY IF WE BUILD 3 LARGE PERCOLATION PONDS. JUSTIFICATION: WILL CUT MUCH OVERTIME FOR SUPERVISOR. ASST SUPERVISOR WILL BE RESPONSIBLE FOR SPRAYFIELD OPERATION. COORDINATING. MAIN~ANCE. SCHEDULING WORKERS. WORKING WITH GROVES. AND REPORTING TO SUPERVISO1L COST: Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CO G 70 MEMBERS SIGNATURES 16G IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR BUIX} -GRO OPTION PROORAM 3000---laetlwater Oolllcllon Dtpt. BUDGETED AMOUNT8 AT BEGINNING OF FISCAL YEARS COOE DESCRIPTION 1995 1996 1997 1997PROJ. lggSCSL ISL PROP. TOTALS ..................................................................................... ~ ...... =8; 7;8~1 1110 Salaries an0 Wages 82,161 86,904 96,627 94.366 87,281 , 1410 Overtime 9,059 18,819 8,231 16,749 7,781 7,781 2110 FICA 8.978 7,920 8,022 8,8.53 7,272 0 7,272 2540 Unemployment Taxll 1,500 1,155 1,155 426 924 0 924 2200 EmployerPanlton Contribution 4,930 5,214 5,595 5,862 5,237 0 5,237 2310 Haalth/Llle ~nsurance 18,000 18,720 21,270 17,508 15,192 0 15,192 2430 Worl<ers Compenlatlon 8,617 7,353 7,816 6,946 6.937 0 6.937 4010 Travel and Training 1,000 78 572 752 782 782 4110 Telephone Ind Fix 8,974 7.769 3.308 400 416 416 4350 Electric 51,362 34,328 39.330 30.000 31,200 31.200 4510 GeneralLlablltylnluranca 895 988 1,253 1,018 1,007 1,007 4530 Comprehell've Autolnlurence 7,002 8,419 3,226 3.184 3,282 3.282 4590 Other lnsur&nce 1,400 1,268 1,012 975 955 955 4640 Repatra & Maintenance 20,000 18,268 80.000 50,000 80.000 80.000 4630 Other Contract Servlca~ 2,000 250 1,738 1,738 1.808 1,808 5220 Vehicle Fuel 7.800 5,287 4,808 8,800 8.864 6.884 4650 Vehicle Maintenance 2,200 2,830 2.452 8.000 8,320 8.320 3310 Licenses & Petrols 800 100 0 0 0 0 5240 Chemicals 7,000 8.000 21 21 22 22 5280 Laboratory Expenee$ 400 414 0 0 0 0 5340 Other Matarlall 9,577 10,337 11,438 4,500 4,680 4,680 5270 Unlforms/ClothlngAllowance 3.313 2,436 2,328 1,869 1,944 0 1.944 5410 M emberlhlpl/Perlodk::ell/Bookl 90 100 87 35 36 36 .... COLUMN TOTALS 251.078 240,745 280,267 261,398 251.940 0 251,940 AUDITED TOTALS 279,195 294.355 1995 1996 CIICUlItlOnl for ilptnlll Ull eltlmltld |nCtlllll Ii1 co111 Itl the lmOUIlt Of 4.%o llth the I'ollowlng iXClptlonl: Payroll type axpensea are calculated It actual. Including a|lowancea for Bchadula A relIes. A 3.3% Incraaea la alao cllculllld for · coil Of Ihlng Increase on 04/01/98. 2 BUDGOPTA. WI(3 PAGE 11 OF 38 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION PROGRAM 4000---Cueto m er S®rvlc. / A d ra lnl~tratlo n 16G 2 BUDGETED AMOUNTS AT BEGINNING OF FISCAL YEAR~ CODE DESCRIPTION 1995 1996 1997 1110 Salaries and Wages 133.662 150,804 156.230 1410 Overtime 10.000 12.000 9,423 2110 FICA 10.990 '!2.455 12,825 2540 Unemployment Taxes 2,400 1.817 1.617 2200 Employer Pension Contribution 8.020 9.048 9,494 2310 Health/Life Insurance 27,000 30.120 31,080 2430 Workers Compensation 1,007 1.137 1.191 3120 Legal Services 30.000 45,000 28.000 3130 LegalServtces - Sewer Asseesmll 136.000 96,800 68.000 3160 Other ProfesstonaISer¥1cea 10.000 10.530 10,597 3210 Accounting/Au ~tln g 38,000 37.280 27.175 3140 Engineering Services 48.000 72.900 65,578 4010 Travel and Training 2,800 2,549 4,966 4110 Telephone and Fix 4.400 8.177 4,555 4210 Postage & Freight 19.000 lg.666 20,468 4350 Electric 2,700 2,729 2.169 4510 General Llabilty Insurance 450 1.301 827 4530 Compreheslve Auto Insurance 1,020 946 475 4590 Other Insurance 8,200 12.117 9,825 4630 Other Contract Servicel 1.600 3.003 3.881 4640 R&M I Foreclosed Propettie*, 10.000 4640 Repairs & Maintenance 2.000 5220 Vehicle Fuel 1.000 849 276 4650 Vehicle Maintenance 800 400 112 5130 Office Supplies 8,400 8,260 12,035 4930 Misc, Office Expanle 23.000 23,000 11,908 Advertising 3,100 3310 LIcenlllandPlrmlll 1,000 1.308 0 5410 M e m barships/Perlodlcala/Book$ 4,140 4.$§4 5,693 .... COLUMN TOTAL8 530,389 588.548 515.300 AUDITED TOTAL9 540.524 489,832 1095 1998 1997 PROJ. 154,502 9,900: 12,5771 577i g,2701 28.288 1,208 28.000 32.39 7.000 33.175 61,000 4.000 3,800 20,488 0 508 469 9.893 4.833 5000 7000 339 1,08O 19,402; 10,890 2500 700 5,693 474,463 tgg8 CSL ISLPROP. TOTALS 185.010 165.010 7,971 7.97~ 13.233 13.233 1,617 1,617 9.901 9.901 28,288 28.288 1,242 1,242 28,000 28.000 60.000 60.000 7.280 7.280 34.502 34.502 63.440 63.440 4.160 . 4.160 3.952 3.952 21,287 21.287 0 0 504 504 484 484 9.260 9.260 5.026 5.026 5,200 5.200 7.280 7,280 353 353 1,123 1.123 20.178 20.178 11,326 11.326 2,800 2.600 728 728 5,921 5.921 519,665 0 519,865 Calculelons for expenses uae erSmat~d Increases In co~ta tn Ihs amount of 4.%, with ~16 foflo~ng excep~ns: Payroll type expenses are calculated et actual, Inclualng allowances for 9chedufe A raises. A 3.3 % increase Il also calculamd I'or a cost of Ih, lng Increfle on 04/01/98. Legal fees are based on the contract dated 04/23/~8, ~ allow~cee For up to $10,0(X) In addtlonai sauces. Accountlng,/Audlflng Is based on actual contrlcl, plUl count7 fee~, plul $20(}O contingency. 8U DGOPTA. W K3 PAGE 12 OF 36 16G 2 BUD'3OPTA. WK3 SPECIAL ASSESSMENTS FUND PAGE 13 OF 34 IM MOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUIX3ET-GROVE OPTION SPECIAL ASBESSMENTSFUND SOURCES AND USEI~ OFFUND8 TOTAL SOURCE OF FU#DB USEg OF FUNO~, Expen~urel TOTAL EXPENDITURES Out Other Use& - Retirement ot Debt TOTAL USES OF FUNDS EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNOS CASH, BEGINNING OF YEAR REBTRICTIONSFOR NON-BUDGET ITEMS URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH. END OF YEAR 1998 ACTUAL 68,272 lgg8 ACTUAL 24,734 180,230 $288,683 $174.964 lgg7 PROJECTED 22,283 161,000 $183,283 $0 $o $0 19g~J PROPOSED 14,721 81.782 $96,503 $0 68,272 24,734 22.283 14,721 lg8.381 150.230 161.000 81,782 $266,683 $174,g64 $183.283 $96,503 o o o 2,500 2.500 2.500 2,500 $2,500 $2.500 2,500 $2,500 o 2,500 2.500 $2,500 BUDGOPTA.WK3 PAGE 14 OF 36 16G DEBT SERVICE FUNDS BUDGOPTA.WK3 PAGE 15 OF 3~ IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUIX3 -GRO OPTION 16G 2 COMBINED DEBT SERVICE FUNDS SOURCE8 AND USES OF FUNDS SOURCES OF FUNDS Interelt Income Olhet Revlnul Trlnlferl In Other Sourcel of FUndl TOTAL SOURCE OF FUNDS USES OF FUNDS Debt Services Expendlturel Principll Peymentl Interest Payments CepltalLease Paymeflt~ Purchase of Airport LandRIghtl TOTAL DEBT SERVICE EXPENDITUR Operating Expenditures Transfers Out TOTAL USES OF FUNDS EXCESS (OEFIClENCY) OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGETITEMS) JRESTRICTEO CASH. BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE DEBT SERVICE 1005 ACTUAL 0 0 556.076 1098 ACTUAL 0 o 527.088 1907 PROJECTED o o 771.864 0 ;~ 0 1998 PROPOSED o o 877.352 $55S,078 $§27,988'~ $771,864" $877.352 g4,000 404,714 29,770 00,000 386.050 10,121 0 105,000 592.218 3,834 o 14g.200 S30.106 27.234 0 $3O5,118 $528,493 $504,171 $701,0§2 S806.§40 0 0 0 0 0 0 0 0 0 0 0 $528.403 S504. I 71*~ $701,052" S806 54 27.583 23,815 70.812 70.81 0 ( 0 0 o o 0 o o o 0 0 0 $32S,033 S39g.745 $470.557 BUOGOPTA. WK3 PAGE 16 OF 36 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGE~-GROVE OPTION SERIES AREVENUE BOND8 FUND SOURCES AND USES OF FUNDS Interest Income Other Revenue - past due Interest Transfers In Other Sources olFunde TOTAL 80URCE OF FUND8 USES OF FUNDS Debt Services Expenditures Principal Pa~/m ents Interest Payment,, TOTAL DEBT SERVICE EXPENDITURE Operating ExpenclRuree Transfers Out Other Usel of Funds TOTAL USES OF FUNDti EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR (RESTRICTIONS FOR NON-BUDGET ITEMS) URESTRICTED CASH. BEGINNING OF YEAR RESIOUAL EQUITYTRANSFERfl UNREB1RICTEO CA~H, ENO OF' YEAR - RESERVED FOR FUTURE DEBT SER¥1CE 1995 ACTUAL 180,848 1998 ACTUAL 168,929 1997 PROJECTED 159,418 1998 PROPOSED 149.368 $160,848 $168.929 S159.418 $149,368 40,000 140,848 40,000 128,929 40,000 40.000 119,418 109,368 80,848 $168,929 $159.418 $149.388 80,848 $188,929 $159,418 $149,368 0., 0.~ 0., 0 51,008 151,008 1.51.008 151.008 51,006 $1.'51,00S $151o008 $151.008 8UDGOPTA.WK3 PAGE 17 OF 36 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION SERIES 8 REVENUE 8ONES FUND SOURCES ANO USES OF FUNDS 8OURCES OF FUND8 Interest Income Other Revenue - peat cluelntereat Trlflstors In Other Sources of Funds TOTAL SOURCE OF FUND8 USES OF FUNDS Debt Service.' Expenditure,, 1995 ACTUAL 37,750 1996 ACTUAL 40,400 1997 PROJECTED 42,900 1998 PROPOSED 45.250 $37,750 $40.400 $42,900 $45.250 PrlnclpsI Plymlntl 7,000 10.000 13,00, 16.000 Interest P.,y m ente 30,750 30.400 29,900 29.250 TOTAL DEBT SERVICE EXPENDITURE $37,750, S40,400 S42,900 $45.250 S37,760 $40,400 S42.900 S45.250 0 0 0 0 20.502 20,592 20,592 20.592 $20.502 $20.592 S20,592 S20.59~ Operating Expendllure.' Transfer.' Out Other U.'es of Fund.' TOTAL USES OF FUND8 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS CA3H, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGET ITEMS) JRESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFER8 UNRESTRICTEO CASH, END OF YEAR - RESERVED FOR FUTURE DEBT SERVICE BUDGOPTA. WK3 PAGE 18 OF 3e IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION .tOla SERIES sga6 REVENUE BONDS FUND SOURCES AND USES OF FUNDS SOURCES OF FUNDS Interest Income Otl~ar Revenue - pest due Interelt Transfers In Other Sources of Funds TOTAL SOURCE OF FUND8 USE9, OF FUNDS Debt 3Irvlcel Expandlturel Principal Plymenta Interest Payments TOTAL DEBT SERVICE EXPENDITURI Operating Expen dilutes Tranmferl Out Other Uses of Funds TOTAL USES OF FUNDS EXCESS (DEFICIENCY] OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR (RESTRICTIONS FOR NON-SUDGETITEMS) URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE DEBT SERVICE 1995 ACTUAL 40.266 ACTUAL 36,098 1997 PROJECTED 36,698 1998 PROPOSED 36,248 $40,266 $38,098 $36.698 $36.248 8,000 2~.498i 8,000 28,098 g.o00 9.000 27,698 27.248 $36,498 $36,098 S36.698 S36.248 $36.498 $36.008 S36,608 S36.248 3.768 o o o 33.951 37,680 37,680 37,680 o 0 o BUDGOPTA.WK3 PAGE 19 OF 36 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION SERIES 1969 REVENUE BONOS FUND SOURCES AND USES OF FUNDS SOURCES OF FUNDS Interest Income Other Revenue - past clue Interel! Trenlfere In Other Sourcel of Fun01 TOTAL SOURCE OF FUNO$ iUSES OF FUNDS Debt Slrvicla Expendltut'll Principal Peymente lntereet Paymenl,, TOTAL DEBT SERVICE EXPENDITURI Operating Exper di(ure$ Tranlrerl Out Other U~,ea o! Fundl TOTAL UBES OF FUNDS EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR (RE3TRICTIONS FOR NON-8UDGETITEMS) URESTRICTEDCASH. BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH, ENO OF YEAR - RESERVED FOR FUTURE DEBT SERVICE ACTUAL 245.030 1996 ACTUAL 244,16 1997 PROJECTED 244.260 1998 PROPOSED 244.280 $245.030 $244.180 $244.280 $244.280 37,000 185,750 38.000 163.900 40.000 42,000 182.000 180,000 $222.750 $221,900 $222,000 $222.000 $222.750 $221,900 $222,000 $222,000 22,280 22,280 22.280 22,280 S7,096 8S,37S 111.656 133,936 $89.378 $111.656 $133.938 $156.216 8UDGOPTA. WK3 PAGE 20 OF 38 IM ~;OKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUDGEF-GROVE OPTION 16G SERIE-q 19SOREVENUE BONDS FUND SOURCES AND USES OF FUNDS SOURCES OF FUND9 Interest ia, come Other Revenue - past dui Interest Transfers In Other Sources otFunds TOTAL SOURCE OF FUNDS USES OF FUNDS Debt Servlcel Expenditures Principal Payments Interest Payments TOTAL DEBT SERVICE EXPENDITURI Operating Expendlures Tranlferl Out Other UsII of Fundl TOTAL USES OF FUNDI EXCESS (OEFICIENCY) OF SOURCES OVER USES OF FUNDS CASH. BEGINNING OF YEAR (RESTRICTIONS FOR NON- BUDGET ITEMS) URESTRICTED CASH, BEGINNING OF YEAR RESIOUALEQUITYTRANSFERB UNRESTRICTED CASH, ENO OF YEAR - RESERVED FOR FUTURE DEBT SERVICE lggS ACTUAL 15,935 ACTUAL 18,835 1997 PROJECTED 18,685 1998 PROPOSED 16.535 $15.935 $t6.835 St0.68~ S18.53~ 2.000 3,000 3.000 3.000 12.400 12,300 12.150 12.000 ....... ;JT; ...... ~;;.-~;-~ ...... ~%7,%t ............ ............ ~ ............ ~ ............ ~ ....... 1.535 1.5351,§35 1.535! 4.627 6.482 7,997 9,532 $6,402 $7.007 $0,532 ,611,067 BUOGOPT~WK3 PAGE 21 OF 36 IMMOKALEE WATER & SEWER [JlSTRICT FISCAL YEAR 1998 BUDGET-GROVE OPTION 16G SERIES 1990 REVENUE BONDBFUND SOURCES AND USES OF FUNDS SOURCES OF FUNDI~ Interlstlncome Other Revenue - past ~uelnterest Trlnltlrl In Othlr Sourcll of Fundl TOTAL SOURCE OF FUNDg USES OF FUNDS Debt Services Expenditures Principal Payments Interest Plymentl" TOTAL DEBT SERVICE EXPENDITURI Operailng Exl:)en dilutes OtherUlea of Funds TOTAL USE8 OF FUNDS EXCESS (DEFICIENCY) OF SOURCE8OVER USES OF FUND8 CASH, BEGINNING OF YEAR [RESTRICTIONS FOR NON-BUDGET ITEMS} URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITYTRANSFER8 UNRESTRICTED CASH. END OF YEAR - RESERVED FOR FUTURE DEBT SERVICE lgg5 ACTUAL 19gB ACTUAL 2,42; $o $2.422 lgg? PROJECTED 268.049 lgg8 PROPOSED 358,437 $268.049 $3.%8.437 39,20C 2.422 221,052 272,240 $o $2,422 $221,O§2 $311.440 $0 $2.422 $221,052 $311.440 0 40,997 46.997 0 o 46.907 $0 $0 $46,997 $93.994 Includes $51,1881n addltlonal Interest for Debt Service for FY 1996, baled on $1.3 million epont ln FY 1998. This will increase by $135.167 for FY 1999, with this option. 6UOGOPTA.WK3 PAGE 22 OF 36 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR lg98 BUDGET-GROVE OPTION 16G 2 CAPITAL LEASES FUNDS SOURCES AND USES OF FUNDS SOURCES OF FUNDS Interest Income Other Revenue - past due Interest Transferl In Other Sources o!Funds TOTAL SOURCE OF FUNDS USES OF FUNDS Debt Slrvlcel Expenditures Principal Payments Interast Payments Capital Lease Payments * PurchaaeotAirport Land Rights TOTAL DEBT SERVICE EXPENDITURI Operating Expendllurls Transfers Out Other Uses of Fuflda TOTAL USES OF FUNDS EXCESS (DEFICIENCY} OF SOURCES OVER USESOF FUNDS CASH. BEGINNING OF YEAR (RESTRICTIONS FOR NON-BUOGETITEMS} URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE DEBT SERVICE lgg8 ACTUAL 38.24§ lggS ACTUAL 1g,121 lgg7 PROJECTED 3,834 1998 PROPOSED 27,234 '~ $38,248 $19,t21 $3,834 $27.234 8,481 29,779 19.121 3.834 27,234 0 0t' $3,834 $27 234 S38.246 S19,121 ....... '_t':~_4_' ....... _'2:'_t' ....... _'_t?_'i ...... ....................... _o] ........... _~] ........... _o. 0 0 0 o $o $0 $o So · Increase of $1,950 per month In c&plt~ leesel for purchase of Track Hoe. BUDGOPT~WK3 PAGE2SOF36 IMMOKALEE WATER & SEWER DISTRICT 168 2 1020 SANrFATION ROAD IMMOK/~I El:, FL 34142 TFI FPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: LEASE FOR TRACK HOE - MODEL # (WILL NOT BE NEEDED IF DISTRICT BUILDS 3 120-ACRE PONDS.) .' JUSTIFICATION: WILI. SAV~ THE DISTRICT OVER RENTAL AS WE WILL NEED TRACK HOE ON REGULAR BASIS. USE FOR DITCH AND HYACINTH MAINTENANCE. REPAIRING WASHOUTS. CAN BE USED BY STAFF WITH PROPER TRAINING TO REPAIR UP TO 14' SEWER KEPAIRS, COST: $1950,00 A MONTH Ophelia AHen Pamela Brown Patricia Anne Goodnlght Joseph Matthews Pnul Midney Lawrence Perez Leo F. Rodgers CO/~~G BOARD MEMBERS SIGNATURES 16G 2 CAPITAL PROJECTS FUNDS PAGE 24 OF 3~ r~ BUDGOPTA. W K3 .... --~-- · .... '" il II III · IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGET-GROVE OPTION COMBINEOCAPITAL PROJECTS FUNDS SOURCES AND USES OF FUNDS Interllt Income Other Revenue - Lend Sales Tr&nlfltl In Debt Procaede Other Sources ofFundt - TOTAL SOURCE OF FUNDS USES OF FUNDS C &pl~tl Expanc~ltures Designated from the Prior Year NIw Fundl Lees: Deelgnstea to Next YIIr TOTAL CAPITAL EXPENDITURES Operating Expendlturel Tranlfer,: Out Other Usel of Fundl TOTAL USES OF FUNDS EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNDS CASH. BEGINNING OF YEAR RESTRICTIONS FOR NON -BUDGET ITEMS URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS IUNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE CAPITAL IMPROVEMENTS 1997 19S5 PROJECTED PROPOSED 0 16,000 15.000 191,498 249,219 734,856 0 1,14S,320 253,680 $2.088.674 $517.900 0 2,072,674 0 502,900 $2.072,674 $502,900 1S,000 15.000 $2.088,S74 $517,900 (0 0 o (o o (o ($ot ($o BUDGOPT~WK3 PAGE 25 OF 36 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BU1X}EI'-GROVE OPTION 16G 2 WATER SYSTEM CAPITAL PROJECTS FUND9 SOURCES AND USES OF FUNDS lJOURCES OF FUNDS tntereat Income Other Revenue - pllt dui Interest Tranafarl In Debt Proceeds Other Sources of Funds TOTAL SOURCE OF FUNOg USES OF FUND8 Capital Expandtturas Daalgnated from the Prior Year New Fundt Lets: Dealgnatedto Next Year TOTAL CAPITAL EXPENDITURE9 Operating Expefl dllurel Tranlfara Other Urea of Funda TOTAL USE8 OF FUND8 EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUOGETITEMS URESTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH. END Of: YEAR - RESERVED FOR FUTURE DEBT SERVICE 1097 PROJECTED 52,000 379,186 860,412 1998 PROPOSED 109,698 0 214.344 1,291.sg8 324.042 $1.291,598 $324.042 0'~ 0 81,201,598 8324,042 0 0 0 80 $0 BUOGOPTA. WK3 PAGE 26 OF 36 IM MOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUIX}BT-GROVE OPTION WATER SYSTEM CAPITALPROJECTBFUNOB SOURCES AND USES OF FUNDS METER REPLACEMENT PROGRAM OTHER CAPITAL & EMERGENCY FUNDS 1/2 TON PICKUP WATER TREATMENT PLANT IMPROVEMENTS* RECD WATERDIBTRIBUTiONIMPROVEMENTB* RECO 'CAPITAL PROPOSAL NUMBER 08-t00 TOTALS 1007 EgTIMATED 32.000 20.000 074,728 284,870 1008 NEW FUNDS 48.000 47,698 14.000 71.873 142.472 $1,291.Bg8 $324.042 'OTHER CAP1TAL & EMERGENCY FUNO~' CONSISTS OF 5% 04: PROJECTED REVENUE COS r~J FOR METER REPLACEMENT~ ARE INCREASED TO REFLECT INCREASED RATE OF REPI.,4CEMEN T DUE rD EXTRA EMPLOYEE .. 16G 2 BUDGOPTA.WK3 PAGE 27 OF 36 IMMOKALEE WATER & SEWER DISTRICT lob Z 1020 SANITATION ROAD IMMOKALEE, FL 34142 -I ~-~ FPHONE (941) 658-3630 ITEM DESCRIPTION: IMPROVED SERVICE LEVEL JUSTIFICATION FORM COMPACT 1/2 TON P/U - DEPT 10 WATER DEPT ._ JUSTIFICATION: 7TH VEHICLE FOR 7 EMPLOYEES. EMPLOYEES COULD SPLIT UP AND COMPLETE SEVERAL TASKS. COST: STATE BID - ESTIMATED COST - $14.000. Ophelia Allen Pamela Brown Patrteia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers cO~~--I~~ NG BOARD MEMBERS SIGNATURES IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGe-GROVE OPTION WASTEWATER SYSTEM CAPITAL PROJECTS FUNDS SOURCES AND USES OF FUNDS SOURCES, OF FUNDS, tntereatlncome Other Revenut - Trlntrlrl In Debt Proceeds Other Sources of Funds TOTAL SOURCE OF FUNDS USES, OF FUNDS Capital Expenditures OeiIgn&tlc] from the Prior Yllr New Fundl Leis: OealgnateO to Next Year TOTAL CAPITAL EXPENDITURES Operating Expendl~urel Transfers Out OtherUIes of Funds TOTAL USES, OF FUNDS EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNDS CASH. BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGETITEMB URESTRICTED CASH, BEGINNING OF YEAR RESlOUAL EQUITY TRANSFERS UNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE DEBTBERVICE 1997 PROJECTED 32,390 270,S20 1SS8 PROPOSED 28,541 0 39.336 $58g.218 S67,877 589,218 67,877 $580.218 $67.677 0 $$66,216 $e7,677 0 0 80.00 $0.00 BUDGOPTA.WK3 · PAGE 29 OF 36 16G 2 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUDG~-GRO~ OPTION 16G WASTEWATER SYSTEM CAPITALPROJECTBFUNDB SOURCES AND USES OF FUNDS OTHER CAPITAL & EMERGENCY FUNDS PUMP MOTOR FOR gPRAYFIELD ALL TERRAIN VEHICLE FENCE FOR PONDBIN SPRAYFIELO ~EFRIGERATED CBODINCUBATOR FISHERISO TEMPDRYING OVEN METTLER BALANCE ~ AG104 WASTEWATER PLANT IMPROVEMENTS* RECD SPRAYFIELDIMPROVEMENTS* RECD TOTALS CAPITAL PROPOSAL NUMBER 97-201 97-202 97-2O3 98-200 98-201 98-202 1997 ESTIMATED 18,970 2.780 5,790 4,850 451.482 105,346 1998 NEW FUNDS 22,041 2.300 1.500 2,700 13.920 25.416 $67.877 'OTHER CAPITAL & EMERGENCY FUNDS' CONSISTS OF 8% OF PROJECTED REVENUE 8UDGOPTA.WK3 PAGE 29 OF 3~ IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMOK/~!i::I:_, FL 34142 ~.. TELEPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: BEFRIGERATED CBOD INCUBATOR JUSTIFICATION: U~ED TO MAINTAIN A PRECISE ENVIRONMENT TO BE ABLE TO pdqALIZE SAMPLES TO JUDGE WW PLANT PERFORMANCE. OLD EQUIMENT WILL NOT MAINTAIN TEMPERATURE WHICH IS ESSENTIAL FOR THE DISTRICT TO MAINTAIN THE LAB CERTIFICATION. COST: $2300.00 Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Pnul Midney Lawrence Perez Leo F. Rodgers CONCURRING BOARD MEMBERS SIGNATURES IMMOKALEE WATER & SEWER DISTRICT 1020 SANITA~gON ROAD IMMOKALEE, FL 34142 IMPROVED SERVICE LEVEL JUSTIFICATION FORM TELEPHONE (941) 658-3630 ITEM DESCRIPTION:~ JUSTIFICATION: COST: Ophelia Allen Pameia Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CON~ IRRING BOARD MEMBERS SIGNATURES IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMOKALEE, FL 34142 T~i FPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: IVIETTLER BALANCE #AG104 JUSTIFICATION: SCALE IS USED TOO WEIGH CHEMICALS AND WW SAMPLES TO 100~ KG. ORIGINAL MECHA~NICAL SCALE IS APPROX 15 YEARS OLD AND BREAKS DOWN REGULARLY. NEW SCALE IS DIGITAL AND MODERN. IT CAN COST OVER $200.00 TO SEND SAMPLES OUT TO LAB. COST: $2700.00 Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CO/NCU~G BOARD MEMBERS SIGNATURES - / Absen~ !i ATER & SEWER DISTRICT IMMOKALEE W HSCAL YEAR 1998 BUDG~-GRO~ OPTION w/w COLLECTION CAPITAL PROJECTS FUNDS SOURCES ANO USES OF FUNOB 1997 1996 PROJECTED PROPOSED IOURCEg, OF FUND~ Int~reet Incom~ Other Rlvenul - Tfin$1erl In Dele! Pfoceed~ Other Sources of Funds TOTAL BOURCE OF FUNOB USES OF FUNDS Capl~l Expan~ures Oaslgnated kom the Prior Year New Funds Less: DellgnmtlO to Next Yllr TOTAL CAPITAL EXPENDITUREB Operating Expendlurel Transters Out Ot~er Utes of Funds TOTAL USES OF FUNDI EXCEB8 (DEFICIENCY OF SOURCES OVERUBES OF FUNDS CASH, BEGINNING OF YEAR RE6TRICTIONgFOR NON-BUDBETITEM~ UREgTRICTED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRAN~FER~ UNRESTRICTEDCAaH, ENDOFYEAR' RESERVED FOR FUTURE DEBTBERVlCE 56,91 91,123 0 0 $56,911 $91.123 5~,911 91,123 $56,911 $91.123 0 0 $58,911 $91,123 0 0 0 0 $0.00 BU DGOPTA. W K3 PAGE30OF36 $O.OO IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUIX3ET-GROVE OPTION W/W COLLECTION CAPITAL PROJECTS FUNDS SOURCES AND USES OF FUNDS OTHER CAPITAL& EMERGENCY FUND9 COMPACT 1/4TON PICKUP COMPACT I/JTON PICKUP TOTAL9 CAPITAL PROPOSAL NUMBER 98-300 98-301 1997 ESTIMATED 58.911 56.91 1898 NEW FUNDS 66,123 12,500 12,500 91,123 'OTHER CAPITAL I EMERGENCY' FUNDS" CONSISTS OF 5% OF PROJECTED REVENUE BUOGOPTA. WK3 PAGE 31 OF 3~ IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMOI4~! FF, FL 34142 TF! FPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUST~. ~CATION FORM ITEM DESCRIPTION: COMPACT 1/4 TON PAJ - DEPT 30 WW COLLECTION JUSTIFICATION: WILL BE USED IN COLLECTION DEPT BY JUAN GARZA. JUAN'S 4*4 WILL BE USED BY SPRAYFIELD PERSONNEL AND TRANSFERRED TO DEPT 20 WWTP COST: STATE BID - ESTIMATED COST - $12_~00. Opheli~ Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CONC_.URRING BOARD MEMBERS SIGNATURES IMMOKALEE WATER & SEWER DISTRICT 16G 2 1020 SAhTFATION ROAD IMMOK~! F~ FL 34142 T~! FPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: COMPACT 1/4 TON P/U - DEPT 30 ~ COLLECTION JUSTIFICATION: 4TI't VEHICLE NEEDED FOR 4 EMPLOYEES. CREW COULD SPLIT UP AND COMPLETE SEVERAL TASKS. COST: STATE BID - ESTIMATED - $12~00. Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CONC4YRRING BOARD MEMBERS SIGNATURES Absent IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUDGE~-GROVE OPTION ADMINISTRATION CAPITAL PROJECTS FUNDS SOURCES AND USES OF FUNDS Interest Income Other RiYanua - Lind Sllil Tranlfers in debt Proceeds Other 8ourcel o! Funds TOTAL SOURCE OF FUNDS USES OF FUNDS Capr~l Expenc~turel Dellgnated from the Prior Year New FUndl Leis: Designated to Next Yelr TOTAL CAPITAL EXPENDITURE~ Operating Expln~urel Tr~niterl Out Other UIIs o~Fundl TOTAL USE8 OF FUND~ EXCESS (DEFICIENCY OF SOURCES OVER USE8 OF FUNDS CASH, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDOETITEMS UREaTRICTEDCASH, BEGINNING OF YEAR RESIDUAL EQUITY UNRESTRICTED CASH. END OF YEAR- RESERVED FORFU?UREDEBTSER~CE les? PROJECTED 18.000 50.196 84,750 O Igg8 PROPOSED 15,000 lg,SS7 0 S15o,g46 S34.8§7 134.g4~ 1~,857 $134,g4s $19.$57 16,000 15,000 S150,g46 S34,857 o o 0 0 0 $0 $0 8UDOOPTA. WK3 PAOE ~ OF 36 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 1998 BUDGEr-GROVE OPTION MOTOR FORORIVE THRU WINDOW (DIEBOLD) OTHER CAPITAL& EMERGENCY FUND5 9ECURITY CAMERA FOR FRONT WINDOW WORK CENTERS LAND FOR SWAP - BARRON COLLIER AOMINIBTRATION BUILDING ADDITION* RECD TOTALB g7-401 g7-402 10,418 1,60~ 5,120 33.058 84,75C $134,g46 $19.857 'OTHER CAPITAL & EMERGENCY FUNDS" CONBIBTB OF 5% OF PROJECTED REVENUE BU DOOPTA.W K3 PAGE 33 OF 36 IMMOKAI FE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMOKALEE, FL 34142 -it:l ~ONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: 5 WORK STATIONS (COMPUTER EOUIPMEN'I3 JUSTIFICATION: IT IS NECESSARY TO UPGRADE THESE IN ORDER TO SPEED UP THE EXIS'I'flq'G SYS'I ~,M. WE ARE CURRENTLY UNABLE TO UTILIZe. SOME OF THE NEWER ~J2q'CfIONS. BID #1 COMPANY: BID AMOUNT: ITEM BIDS: MIDWEST MICRO $6247.50 BID ~2 COMPANY: BID AMOUNT: COMMENTS: LOWER. COMPUTER RESCUE SOUAD $7290.00 WE WILL USE LOWER BID OR STATE BID PRICE. WHICHEVER IS Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION ROAD IMMO~! F'F~ FL 34142 TELEPHONE (941) 658-3630 IMPROVED SERVICE LEVEL JUSTIFICATION FORM ITEM DESCRIPTION: MOTOR FOR DRIVE-THRU WINDOW DRAWER JUSTIFICATION: L, ENA SILVA HAS UP TO 100 CUSTOMERS A DAY AT THE DRIVE-THRU WINDOW. THIS IS NEEDED TO REDUCE THE CHANCE OF A REPETITIVE STRESS INJURY. COST: $1925.00-INSTALLED Ophelia Allen Pamela Brown Patricia Anne Goodnight Joseph Matthews Paul Midney Lawrence Perez Leo F. Rodgers CO~,, RRI,~G BOARD,MEMBERS SIGNATURES ~sen~ IMMOKALEE WATER & SEWER DISTRIC. T HSCAL YEAR 1998 B~ET-GROVE OPTION 4 ComblnedFmHA GRANT FUNDS SOURCES AND USES OF FUNOg SOURCES OF FUNOB Interest Income Other Revenue - past due Interest Tranlfara In Debt Proceedl Other Sources o! Funds TOTAL SOURCE OF FUNDS USES OF FUNDS Caplt&l Expendllurae Designated from the Prior Year New Funds Lass: Designated to Nax~ Year TOTAL CAPITAL EXPENDITURES Operating Expen(~l~uras Transfers Out Other Uses of Funds TOTAL USE9 OF FUNDS EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNDS CASH, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGET ITEMS URESTRICTED CASH, BEOINNINOOF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTEOCASH, END OF YEAR - RESERVED FOR FUTURE CAPITALIMPROVEMENTI 1997 PROJECTED 0 o 0 1.1 ¢6.320 St,146,320 1.146,320 0 $1.146.320 0 0 0 $1.148.320 1998 PROPOSED 0 0 o 0 253,680 $253,880 o 253,880 o $253.680 o o 0 $253,680 $0 BUDGOPTA.WK3 PAGE340F36 IMMOKALEE WATER & SEWER DISTRICT FISCAL'YEAR 1998 BUIXE~-GROVE OPTION J. rju E. 1991 FmHA GRANT FUNDS SOURCES AND USES OF FUNOB SOURCEI OF FUNOB Irlterll! Income Other Rl¥1r~Ul - pal! dui Intlrllf Tr Inltlrl In DeBt Proceedl Other Sourcfl of Fundl TOTAL BOURCE OF FUNDB USEB OF FUNDB Cepl~l Expan0lturem Demlgnated from the Prior Year New Fu~tdl Learn: Demlgnited to Next Year TOTAL CAPITAL EXPENDITURE~ Operating Expen01urel Tranlferl Out Other U.fl Gl Fund,, TOTAL UBE~ OF FUND~ EXCESS (DEFICIENCY OF 8OURCESOVER USES OF FUNDB CASH, BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGET ITEMS URESTRICTEDCASH, 8EGINNINGOF YEAR RESIDUAL EQUITY TRANSFERS UNRESTRICTED CASH, END OF YEAR - RESERVED FOR FUTURE CAPITAL IMPROVEMENTS 1997 PROJECTED 1998 PROPOSED $o $0 o $0 So S0 SO 0 0 0 $0 PAGE 35 OF 38 BU OGOPTA.W K3 IMMOKALEE WATER & SEWER DISTRICT HSCAL YEAR 1998 BUIX}ET-GROVE OPTION 19ga FmHAGRANTFUND~' SOURCES AND USES OF FUNDS Interekt Income Other Revenue - pets due Interims Transrerl In DII3I Pfoctldl Other Sources of Funds TOTAL SOURCE OF FUNDS JBEO OF FUNDS Capital Expen dll. ures Oeslgneted from the Prior Year New Fund., Lets: Designated to Next Year TOTAL CAPITAL EXPENDITURES Operating Expenditures Trtnlfert Out Ot~er UleS of Funds TOTAL USE8 OF FU#DB EXCESS (DEFICIENCY OF SOURCES OVER USES OF FUNDS CASH. BEGINNING OF YEAR RESTRICTIONS FOR NON-BUDGETITEMS URES?RIC?ED CASH, BEGINNING OF YEAR RESIDUAL EQUITY TRANSFERS INRESTRICTED CASH. END OF YEAR - RESERVED FOR FUTURE CAPITAL IMPROVEMENT leg7 lg98 .... l PROJECTED PROPOSED ! 1,14S.32£ 253,6a ' 81,146.320 1.14S,320 253,68C $1,146,320 $25~80!.;. $1,146,320 $0 $253,B80 BUOGOPT~WK3 PAGE36OF36 16G 2 If any phase or portion of this Resolution 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. This resolution shall become effective'on 0¢~~c~c If:~-, {~-'] ... PASSED AND DULY ADOPTED by the Board of Commissioners of the IMMOKALEE WATER AND SEWER DISTRICT, this /~,'~ day of September 1997. BOARD OF COMMISSIONERS IMMOKALEE W~TER AND SEWER losep ws / 10300 Northwest Eleventh Manor C~'~I ~I~fi~s~Florida 33071 (954) 753O38O October 2, 1997 Memorandum To: Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East T~ml-mi Trail Administrative Bldg, Second Floor Naples, FL 34112 Timothy J. Oillett Clerk of the Cirazit Court Finance Dept. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 James Reinders Key Marco Developments 277 N. Collier Blvd. Marco Island, FL 33937 Marty Redovan Schultz, Chaipel & Company 4575 Via Royale Suite 110 Ft. Myers, FL 33919 From: Oar)' L. Moyer, Manager Reference MinUtes of meetings held June 11, July 30, August 13, and Nove~ 5, 1996. Enclosed for your records is s copy of the minutes of the meeting of the Board of Supervisors of the Key Marco 'COmmunity Development District held as referenced above. GLM/nk Enc. RECEIVEI) OCT- 6 FIkANCE Copies To: 16G MINUTES OF ~ MEETING COMMUNrrY DEV~.O~ D~CT The landowners meeting :)f the Key Marco Community Development District was held Tuesday N~ 5~ 1996 at 2:00 P.M. in the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Florida. Present were: James Reinders Raymond Harris John Petty FIRST ORDER OF BUSINE~ Rail Call Mr. Petty called the meeting to order at 2:00 P.M. I~termtnAtion of Number of Voting SECO~ OI~ER OF BL~INE~ U~ Reprme~ed Mr. Petty stated we have received at District Offices a proxy represen~ng that Mr. Reinders has 81 platted lots representing 81 votes for today's Landowners meeting. Are there any other landowners present? Mr. Reinders responded no. ~ ORDER OF BUSINESS Election of a CbAh-~n for the Purpo~ Mr. Petty stated we would like to elect a Chairman for the mee_fi_ng. If you gentlemen would like to raize a nomination and elect a Chairman. FO~ OHDER OF ~ , Nominations for the Position of Mr. Petty stated there are three positions open. Are there any nominations? Mr. Reinders asked whose pomltions are coming open? Mr. Petty responded Mr. Reinders, Mr. Stakich and Mr. Harris. Mr. Harris stated I thought we were serving six year terms. Mr. Reinders stated I think we were originally serving for four years. It has come and it has gone. That goes back to the pre-issvnnce of bonds. 16G 2 November 5, 1996 ~ ORDER OF BUSINE~ Casting of BaIlots ]~r. Petty stated I have some ballots I would like you to f~l out. Mr. Reinders stated actually I guess I om the only one that has to fill out the ballot. Are the people being elected today for four year terms? Mr. Petty responded the two highest vote getters will be for four years, the third will be for two years. Mr. Reinders asked what is our zip code? Mr. Harris responded 33416. Mr. Petty stated we will tabulate the votes. We have Mr. Reinders with 81 votes, Mr. Harris with 81 votes and Mr. St~ldch with 80 votes. What that means is Mr. Reinders and Mr. Harris have four year terms, Mr. St~lcich will have a two year term. This will all begin at your next regularly scheduled Board meeting where you will be sworn in ago_in. You will re-file those papers again and then go about your normal business. Are there any landowners questions or comments? Mr. Reinders responded no. 2 November 5, 1996 Tuesday 2:00 P.M. 1. 2. 3. 5. 6. 7. 8. AGENDA .,. KEY MARCO COMMUNITY DEV'~ ~OPMEWr DIS'IRICT Key Marco Developments 277 N. Collier Boulevard Marco Island, Florida Call to Order Determination of Number of Voting Units Represented Election of a Chairman for the Purpose of Conducting the Landow,~ers Meeting Nominations for the Position of Supervisor (3) Casting of Ballots Ballot Tabulation Landowners Questions or Comments Adjournment i~t,e~ Oet ty we )il~) tl. 33140 Affidavit o~ pM)t$c~tto~ 166 10300 C~mty of CotLte~ !h ~LL{~ ~Y, fk~t~ : ~ t~ itt~ Mid ~r. p,.,I~CXNA m: 10/14 10/21 .tllkl~. ipoa rlqlll~_.~.m IL W. !i M ~i4,2,1 Nm. mT'P~ 2 LANDO~ ~G - NOVEMBER 5, 1996 KEYMARCO COMMUNITY I)EVI~/)PMENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Key Marco Cornm-nlty Development District to be held at the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Florida, Tuesday, November 5, 1996 at 2:00 P.M.; said meeting published in a newspaper in Collier County;, and at any adjournments thereof, according to the n-tuber of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or de~ned at the t/me of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Key Marco Community Development District. Number of unplatted acres owned and entitled to vote: Number of platted lots owned ~nd entitled to vote: ice~~o COMMUNrI~ DEVELOPMENT D~CT CO~ COI.1N'~, FLO~mA i,Al, mowl, ams MEm'ING NO'~ ~, 1SS6 The undersigned certifies that he is the owner of land in the Key Marco Community Development District (insert or attach legal description o£ property): and casta his vote(s) for the following:. The two candidates receiving the highest number o£ votes shall be elected for a four year term and the ~blrd candidate sb~!! be elected for a two year term. Name: Address: ~ OF MEEI~G KEY MARCO CO~t.~qTY DEY~O~ DISTRICT The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Tuesday August 13, 1996 at 9:00 A.M. in the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quor~m were: J~mes Reinders Des L. Farrell Robert Stakich Thomas Owen Raymond Harris Chairman Vice Chairman Supervisor Supervisor Supervisor Also present were: James P. Ward Laura Ryan FIRSt ORDER OF B~ District Staff (via telephone) Engineer ttotl C~ Mr. Ward called the meeting to order at 9:00 A.M. and stated that all Supervisors are present. SECOND ORDER OF BUSINE~ Public Hearing on the Adoption of the Budget for Fiscal Year 199~97 and Levy of Non Ad Valorem Assessments Mr. Farrell stated if you are going to settle up in a given year, you may as well wait until almost the end of the year to get the benefit of this. Mr. Ward stated I will tell anyone who calls that the best time to settle up is the June, July, August time schedule before the Public Hearing that the Board sets so that we can make the November I payment. Mr. Peinders asked we spend good money to have the Tax Collector and the Property Appraiser involved in the process of collecting the annual lien ~mounts. Do we have any discretion in that? Do we have the choice to take that on ourselves or are we committed by virtue of our obligations to the bondholder or otherwise to leave it with the County? Mr. Ward responded one of the covenants that you made to the bondholders was that you would diligently pursue and ensure that these assessments would be placed on the tax rolls. 16G 2 August 13, 1996 Mr. Reinders asked it is not discretionary, then?; Mr. Ward responded no, it is not. Mr. Reinders stated the advantage is that it permits him to sell tax certificates and otherwise assure the timely flow of dollars to the bondholder. Mr. Ward stated that is the key to it and I have, in other Districts where we were not able to get it on the tax bill, this is the least expensive form of collection I know of. The after-the-fact costs of trying to collect a Debt Service payment are astronomical when you include the fact that they hav~ not paid and you need to use your Reserve Account. '.~ Mr. Reinders asked if somebody does not pay and the Tax Certificate is not sold, what happens then? Mr. Ward responded to the extent that there is insufficient monies in your revenue accounts, which are composed of principal and interest and fund balance numbers, then you would sell off the investment in your reserve account, make the balance of the payment from that monies and when the Tax Certificate is sold and the money comes back to you, you replenish your Reserve Account to raise it up to the authorized level. Mr. Reinders stated the bondholder, at least if it is a minor and temporary situation, never feels the wrinkle, in essence. Mr. Ward stated it is considered a significant default under the Bond Indenture and if we actually did that, we would be required to notify the bondholder that we used our Reserve Account below the Reserve requirement in order to meet that Debt Service payment but if it is one lot or one payment, it would not be a big issue and at $11,000 a payment, if one person did it, I can tell you we would not need to use the Reserve Account. In this District, it would need to be more than 5 lots to require using the Reserve Account. Mr. Farrell asked where would you get the funds? Mr. Ward responded there is $55,000 in monies in the account that are not committed to your Reserve requirements currently, so you would have to get over that $55,000 in non-payments in order to have to use your Reserve balance. Mr. Reinders stated this has no implications for any other lot owner in the community. Pie will keep paying his. Mr. Ward stated these are separate assessments so next year, even if this person did not pay, the other lots would not be adve~:sely affected by that non- payment. August 13, 1996 Mr. Farrell stated this a separate collection function for the Tax Collector and the Appraiser but whe'n we pay our taxes, we have a 4% reduction in November. Does that apply to this as well. Mr. Ward responded yes, it does. You will notice on the Debt Service Fund on page 6, I calculate what we call a Revenue Reserve. State law permits you to calculate it at 96% of your estimated revenues, which is the 4% discount that you C~fl t~.k e. Mr. Farrell asked that is when we pay the taxes? Mr. Ward responded yes, so if everyone payS":~in November, you would actually have $62,000 less in monies coming in than if they paid in the end of March. If they all paid at the end of March, your tax ~alances would be increased by that $62,000 because they would not have taken advantage of the discount and we would have gotten that money. Mr. Farrell asked do we get the money and not the County? Mr. Ward responded on the 4% discount, yes. It goes directly to the C.D.D. The fees to the Tax Collector and Property Appraiser go directly to them. One of those fees in this County is billed directly to the District. I think it is the Appraiser's Office and we write a check to them in October or November. Mr. Reinders asked is there any further discussion with respect to the proposed budget for fiscal year 19977 There being none, we will entertain a motion to adopt that budget. Mr. Ward stated there are three motions that I need. First, this is a Public Hearing and if you could open the meeting at your discretion to the public for any comments or testimony. Mr. Reinders stated we will now open this meeting to the public for any comments or questions. There being none, Mr. Ward stated the second motion is to adopt Resolution 96-3. It is a Resolution Adopting the Final Budget of the Key Marco Community Development DistrSct for Fiscal Year 1996-97 in the form and with the content that I presented to you at this meeting. 3 16G 2 August 13, 1996 Mr. Ward stated the final motion I ask you to adopt is Resolution 96-4, which by title is Levying a Non Ad Valorem Assessment for Debt Service and Operations and Maintenance Within the Key Marco Community Development District for the Period October 1, 1996 Through September 30, 1997 and in the body o£ that resolution, in the second Whereas, it asks for the costs for operations, repairs and m~ntenance. That n,,mber will be $75,816 and in the third Whereas, the amount of Debt Service is $1,505,607. Ttmt will be inserted into the Resolution. wens with all in favor Resolution 96-4 Levying a Non Ad Valorem Assessment for Debt Service and Operation and Maintenance Within the Key Marco Community Development District for Period October 1, 1996 Through Se tember 30, 1997 was ado ted. THIHD OHDER OF BUSINESS SmffHepor~ A. Attm'ney There being none, the next item followed. B. Engineer There being none, the next item followed. C. Mon~ger There being none, the next item followed. FO~ ORDER OF B~ Supervisor's Requests and Audience Comments Mr. Farrell stated I took a ride on Sunday and I noticed that there is much more visibility now. There are more houses and I was surprised to see houses going up before you get to the bridge. I think you will see some additional construction out there shortly. FIFTH ORDER OF B~ Approval of Invoices stol Requisitions There being none, the next item followed. SIXTH ORDER OF BUSINESS Adjournment 4 August 13, 1996 Assistant Secretary Chairman Tuesday A~g~st 13, 1996 9:00 A.M. AGENDA KEY MARCO COMMUNITY DEVELO~ DISTRICT Key Marco Developments 2'/7 N. Collier Boulevard M_~rco Island, Florida Roll Call Public Hearing on the Adoption of the Budget for Fiscal Year 1996-97 and Levy of Non Ad Valorem Assessments St~_ ~ I~ports A. Attorney B. Engineer O. Manager Oupervisor's Raquests ~ud Audience Comments Approval of Invoice~ ~ncl Requ/sition~ Adjournment 16G 2' l~pLas, FL 33940 Affidavit of Pubt~¢a%~on KEY MARCO COIqMuNITY DONNA HOLIDAY 10::~00 !~ 11TH MANOR CORAL SPRIHG$ FL REFERENCE: NOTICE OF IqJ~LZC HEA State of FLorida County of CoLLter Before the undersigned muthority, personally appeared B. Lae~, w~a on oath maya that ~he aerves as the Asatstant Corpor&te Secretary of the Naples Daily Mews, a daily newspaper publi,l, hJd at Hiples, J in Collier County, Florida: that the attached copy of ~vertt$ing was published in said newspaper on dates listed. Afff~t further says that the said N~plee Daily News is a newapeper published at Haplea, in said Collier C~ty, FLorida, and that t~ said newspaper has heretofore ~ cc~tt~JousLy published in said Collier ¢~unt~, Florida, each day and ham bee~ e~tered am jeco~ class iJtL m~tter at the post office in ~tee, ~n said Collier Co~m~, Florida, for ·pertod of I year next prec~t~ the ftrat ~lisatt~ of t~ attached ~ of ~erttl~t; ~ ifftmt further ~a t~t he hea ~tther I~lid ~r pr~mtaedJ any person, firm or c~rlttofl ~ dJimt~ rebate, commission or ref~ for the purposa of ~ecurt~ this ~artis~t for publi¢&tton tn the ~aid newspaper. PUBLISHED Dee: O~/02 August 2 No. 14026~ AO SPACE: 5.583 INCH F/LED Of(: 06/02/96 Signature of Affiant Personally ~ ~ ~ lei. CIG 'r~g 1'eot I,J II.IINICl. I~ 2 RESOLUTION 96-4 ~ CE AND OPERATION ~ DEBT SERVI MAINTENANCE WITHIN THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT FOR PERIOD OC-"I~BER 1,1996 TtqROUGH SEPTEMBER 30, 1997 WHEREAS, certain improvements existing within the Key Marco Community Development District and certain costs'of operation, repairs, and maintenance are being incurred; and WHEREAS, the Board of Supervisors of the Key Marco Community Development District finds that the costs of operation, repairs and m_~inten~nce of the District during 1996-97 will .mount to $75,816; and WHEREAS, during 1996-97, the Key Marco Community Development District will be required to levy approximately $1,505,607 for debt service on the District's Series 1991 Special Assessment Revenue Bonds for those facilities constructed to serve property within the District; and WHEREAS, the Board of Supervisors of the Key Marco Community Development District finds there are 134 assessble units for operations and maintenance within the District; and WHEREAS, the Board of Supervisors of the Key Marco Community Development District finds that the assessments on the affected parcels of property to pay for the special and' peculiar benefits is fairly and reasonably apportioned in proportion to the benefits received as set forth in the attached Exhibit A; WHEREAS, that the debt service assessment shall be levied upon each tract or parcel of land within the District based upon the District's previously adopted Special Assessment Methodology, prepared by Fishkind & Associates and dated , (as ~mended); NOW, TItEREFO~ BE 1T ~LVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRIC"I~, Section 1. A non ad valorem assessment as provided for in Chapters 190 and 197 Florida Statutes, (hereinafter referred to as assessment) is hereby levied on the lands within the District. Section 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the ssme discounts as Collier County taxes. Sect/on 3. That the said assessment levy, and the lists of lands included in the District are hereby certified to the Collier County Appraiser on Exhibit "A" attached hereto, to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same' manner and time as Collier County taxes. The proceeds therefrom shall be,.paid to the Port of the Island Community Improvement District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED, this 13th day of August, 1996 by the Board of Supervisors of the Key Marco Community Development District, Collier County, Florida. Secretary STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, personally appeared Gary L. Moyer to me known and known to me to be the individual described in and who executed the foregoing Resolution as Secretary respectively of the Key Marco Community Development District and acknowledged to and before me that he executed such instr,~,ment and that the seal afl'need is the corporate seal of said Key Marco Comm,mity Development District and that it as affixed to said instr,~ment by due and regulatory authority. WITNESS my hand _-nd official seal in the County and State last aforesaid this 13th day of August, 1996. Donna Holiday " / Notary Public ' ~LUTION 96.3 A ILSSOLUTION ADOPTING THE FINAL BUDGET OF THE KEY MARCO COMMUNITY DEVELOP1V[ENT DISTRICT FOR FISCAL YEAR 1996-9/ Whereas, the District Manager has heretofore prepared _~nd 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 13th day of August, 1996, at which members of the general public were accorded the opportunity to speak prior to the adopt/on of the final budget; NOW, THEREFORE, BE IT RESOL ~VEn BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEV~O~ D~~ 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget ofthe District for Fiscal Year 1996-97. 2. A verified copy of said final Budget sholl be attached as an exhibit to this Resolution in the District's "Offidal Record of Proceedings". Adopted this 13th day of August, 1996. Secretary Key. mar¢o Commumty Developmeni District Budget Fiscal Year 1997 Land Development and Management Consultant 16G August 13, 1996 2 Section I Section 2 Key Marco Community Development District **REVISED** Bu. dget Fiscal Year 1997 August 13,1996 Table of Contents Appropriations Analysis of Actual Revenue and Expenditures Comparison D~bt $ervic~ Fund 201 Budget Summary Revenues Appropriations Statement of Revenue, Expenditures and Changes in Fund Balance Revenue Summary Appropriations - Debt Service Appropriations - Other Fees & Charges Debt Service Schedule - 16G 2 1 1 2 3 3 4 5 6 6 7 Key Marco Community Development Diskict Budget - General Fund Fiscal 'Year 1997 Unappropriated Fund Balance (Carryforward) ~o~tions: Board of Supervisor'~ Fees AudR Trustee To,mi Revenue: Sub-totak $332 $75,816 $76,147 Admini.stratiw Fmcs: Telephone Postag~ & Reproduction Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Membershil~ Contingencies Sub-total: $~,400 $1,~oo $8,275 Other £~s and C. harg~s: Property Appra~r Tax Collector Revenue Reserve Sub-torah $1,547 $766 $3,159 $5,472 Total Appropriations: $76,147, Assessment " FY 97 FY 96 Assessment Levy $75,816 $.50,590 Number of Units 134 134 Assessment Per Unit= $565.79 $37/.54 Percentage Chansm The chan~e In assessments Is du~ to the reduction in Projected Fund Balance 1 Key Marco Community Development District Analysis of Actual Revenve and Expendisures for Fiscal Year 1996 in Comparison to Proposed Budget for Fiscal Year 1997 General Fund Revenues: Special A.~essment Revenue: ~llaneous Revenue Amount Received or Year to Date Prolected Total Total Revenue:. $6,994_AS $4.5,595.8.5 $S2,590.00 Expenditures: Professional Fees: Board of Supervisor's Fees Engineering Audit Arbitrage Rebate Calc. Management Trustee $0~0 S2,000.OO $2~0.OO t~0 $1~:~0.OO $1,000.00 $1,056.89 $'2,000.00 $3,0~6.89 $960.OO $4,540.00 :$5,500.00 $0.OO $2,3OO.OO $2,3OO.OO $7,998.00 S25,002.OO S33,000.OO $4,450.78 $1,1OO.OO $5,550.78 Admhthtrative Fees: Telephone Postage & Reproduction Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies $05O SS0.00 $50.50 $70.75 $2OO.OO $270.75 $15.00 $71-31 $86.31 $600.00 $1,800.00 $2,4OO.OO $738~0 $1,000.OO $1,738.OO $175.OO $020 $175.00 $0.OO $750.00 $750.00 Other Fees and Charges: Property Appraiser Tax Collector Revenue Reserve $1~32.OO $0.OO $1,032.00 $511~0 $O.OO $51120 $2,108.00 $0.OO $2,108.00 Total Appropriations: $19,715.92 .... ,$42,613.31 $62,329.23 INet Income from Fund Operation Fund Balance - October 1,1995 (Actual) Fund Balance - September30,,1996 (Projected) (S9,739.23) $10,070.77 $331.54 Proposed Budget Percentage FY 1997 Change $75,81521 49.86% $0.OO -loo/X)% $75,815~51 44.16% $6,000.00 20O.0O% $5,000.00 n/a $5,00O.00 63..56% $5,500.0O 0.00% $2,300.00 n/a $33,0OO.OO 0.00% $5,600.OO 0.89% $500.00 890.10% $6OO.OO 121.61% $600.OO 595.17% $2,4OO.OO 0.00% $2,000.00 15.07% $8OO.0O 0.0O% $175.00 '0.OO% $1,200.00 60.0O% $1,547.26 49.93% $765~1 49.87% $3,158.98 49/36% $76,147.05 22.17% Key Marco Community Development District .Budget Fiscal Year 1997 Debt Service F~md 201 Budget Smx~mzx~ Revenues: Unappropriated Fund Balance ~nt Levy Total Revenue: $0 $134,465 $1,500,962 $1,635,428 Appropriations: Debt Service' Prtndpal' Debt Retirement Interest Expense Total Debt Service: $315,000 $1,212,095 $1,527,095 Other Fees & Charges Property Appraiser Tax Collector Revenue Reserve Total O~er Fees & Charges: $3o~32 $15,161 $62,540 $108,333 Tot~I Appropriations: $1,635,428_ Assessment FY 97 FY 96 Assessment Levy $1,500,962 Number of Units 131 Assessment Per Unlb- $1,517,133 132 $11,457.73 $11,493.43 Schedule of Principal Outstanding for each Lot Original Principal Outstanding Principal Paid to Date Principal Paid - Fiscal Year 1997 Balance Outstanding: $107,910.00 $2,557.25 St00,802.21. 16G 2 Key Marco ,;. Community Development District · Buclget Fiscal Year 1997 Debt Service Fund 201 Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal year Ending September 30,1996 l~ec~ived An'tlclp~t~d ~.'~otal Budget Expended April/Sept- fieceived FY 96 YTD 1996 Expended Variance Favor-able (Unfavorable) Revenue: Prindpal Prepays $0 $110,000 $0 $110,000 ($110,000) ~t Levy $1,517,133 I[~24,563 $692,570 ..$1,517,133 $0 Interest Income $134,930 $48,.559 $86,371 $134,930 $0 Total Revenue:. $1,652,063 $983;122 $7'/8,941 $1,762,063 ($'110,000), Appropriation-s: Debt Service: Principal Debt Prin. Prepays Interest Expense $290,000 $290,000 $0 $290,000 $0 $110,1~0 $110,000 $1,252,563 $631,207 $621,356 $1,252,563 Other Fees & Charges Prop. Appr. $30,962 $15,000 $15,962 Tax Collector $15,325 $7,500 $7,825 Revenue Resv. $63,213 $20,000 $43,213 Total Appropriatlons~ "$i,6'52,063 Net Income Fund Balance October 1,1995 (Actual) Ftmd Balance September 30,1996 (Projected) Reserved for Debt Service (All Years) Reserved for Debt Service (FY 1998) Prindpal Bonds Due December 1, 1997 Interest Due December 1, 1997 Total: Unappropriated Fund Balance September 30,1996 $335,000 $592,157 $30,962 $15,325 $63,213 ' sL a,063 $2,433,824 $2,433,824 $1,446,000 $927,157 $60,667 $0 ($110,000) $0 ($~1o,ooo) . · 16G 2 Key Mdr'c o Community Development District Budget Fiscal Year 1997 Debt Service l~und 201 Revenue Summary: ~ Accoun~ The Bond Resolution authorizing the Lssuance of the S~ries 1991 Bonct~established this account and provides that the Bond Reser~ Requirement shall be an amount equal to the maximum amount of principal installments and lnter~t payable in any year on all bonds outstanding. The monies in the reserve account, to the extent of the bond reserve requirement, are not available for any purpose other than the payment of the principal installment and interest on the Bonds. Reserve Requirement: $1,446,000.00 Interest Rate:. 5.87% Debt Service Accounts: The Bond Resolution authorizing the issuance of the Series 1991 Bond~ established five (5) Debt Service Accounts to track the flow of funds from the receipt of monies through the payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Resolution. Account Name Revenue Fund Sinking Fund (includes) Inter~st Account Principal Account Redemption Account Reserve Account Projected In fetes t S13,0(X) shown above Interest Earnings are projected at four (4) Percent, and are based on fund being available for one-half of the f'cscal year. 5 $49,58.5 Key Marco Community Deve!.opment District Budget Fiscal Year 1997 Debt Service Furut 201 Appropriations Debt Service Principal Retirement - (December 1, 1996) Interest Expense for the period ending December 1, 1996 for the period ending June 1, I997 Total Inlerest Expense: $315,~00 $619,938 $592,157 $1,212,095 Other Fees & Cha~ges Tax Collector Fees are based on F'~ml Year 1997 Assessments to be collectS. The Tax Collector's fees are two (2) percent of the a.~esaments collected. Property Appraiser Fees are based on F'~:al Year 1997 A.~essments levied. The Pro .l~ty Appraiser's .fees are one (1) percent of the assessments levied. Revenue Reserve The District currently reserves and State Law permits the District to appropriate 96% of estimated revenues, which will cover discounts and non-payment of asses-__ ~e nt.s. Total Other Fees & Charges: Total Appropriations: .6 16G 2 $1,527,095 S,30,632 $15,161 $62,540 $108,333 $1,635,428 16~ 2 U~ Z~ O~ CUD. Z .. WILSON, MILLER, BARTON & PEEK, INC. Engineers. Planners. Surveyors, Landscape Architects & Environmental Consultants Wilson Professional C.~ntcr. Suite 200. 3200 Baile~ Lane at Airport Road. Naples. Florida 33942 * (9411 649.4040 Fax (941) 643-5716 TO: FROM: DATE: SUBJECT: Board of Supervisors Key Marco Community Development District Laura Redondo Rya~, P.E. X?x~''~'. August 5, 1996 Key Marco Community Devdopment District Maintenance Special Assessment~ The maintenance special ass~sments for the subject project have been equally apportioned over the 134 lots within the Key Marco Community Development District and the amount of the assessments have been fairly apportioned in proportion to the special benefits received by each of the lots. cc.* Jim Ward, Key Marco Community Development District Bruce Anderson, Young, Van Assenderp & Varnadoe, P.A. Naples (~ Fart Myer~ Sara$ota t 941 ) 649-4B40 I gM !.939-10211 ~ q ~ I ~ ~7 I.'~t,,~ ~ OF ~G KE~ MARCO COl~trf~f DEVELO~ DIMTRICT The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Tuesday July 30, 1996 at 9:00 A.M. in the offices of Key Marco Developments; 277 N. Collier Boulevard, Marco Island, Florida. Present and const/tuting a quor,~m were: James Reinders Des L. Farrell Robert Stmkich Thomas Owens Raymond Harris Chairman Vice Chairman Supervisor Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Laura Ryan District Staff' (via telephone) Young, Van Assenderp, et al Engineer FIIIST ORDER OF BUS3Nt/2/IS Pon Call Mr. Ward called the meeting to order at 9:00 A.M. and stated that all Supervisors are present. SECOND ORDER OF BUI/IINE/~ Approval of the Minutes of the June 11, 1996 Meeting Mr. Ward stated each Board member had received a copy of the minutes of the June 11, 1996 meeting and requested any additions, corrections or deletions. There not being any, THIRD ORDER OF B~ Quest/ohs ~nd Comments on Prolm~d Budget for Fiscal year 1996rJ7 Mr. Ward stated the primary purpose of your meeting today is to review with you and answer any questions that you may have relative to your proposed Fiscal Year 1996/97 budget and then to make whatever changes at your public hearing which is scheduled for August 13, 1996. You will be in a position to actually adopt your budget and to set the assessment rates for Key Marco for 1997. I will go through the proposed budget with you. You have the proposed budget dated June 1996 in front of you. Your budget is composed of two parts. Gne is what we call our General Fund which accounts for the community operations and maintenance and within Key Marco that is nothing more than the administrative end of the District which includes engineering, legal, audit, management, Trustee and some other minor issues. Page 2 of your General Fund is what you akin to in the private sector as an income statement for the general fund. You will notice that we have anticipated total revenues, which is in the third column over, of $52,590 on total expenditures of an expected $62,329. You will recall tliat as a part of your budget adoption for 1996, we did anticipate using the fund balance from October 1, 1995 of $10,000 in order to meet our operating expenditures for 1996, such that your projected fund balance for September 30 of this year is about $330. The fund balance in this particular fund is nothing more than your cash position at any one moment in time. Similarly to the right of that, we are showing the proposed budget for Fiscal Year 1997. It is not substantially different than what had been proposed to you for Fiscal Year 1996 but it does do a comparison for you against your actual appropriation versus your budgeted appropriation. Going back to page 1, that takes your General Fund budget in line item detail and then at the bottom of that it shows what the assessment rate is projected to be for Fiscal Year 1997 for your General Fund. It has changed from $377.54 for 1996 to $565.79 for Fiscal Year 1997. Again, the change in the assessment rate is due to the fact that we will not have available cash to carry forward in Fiscal Year 1997, which would offset your assessment levies. Other than that issue, the expense levels that are shown in your 1997 budget are relatively consistant with 1996. Again, if we get to the point next year of actually having cash left over, at the end of 1997 we will again be in a position to have some monies to carry forward into your 1998 budget to reduce your assessment levies. On page 4, that again is similar to an income statement in the private sector for your Debt Service Fund. You will recall that the debt service fund is the fund that we utilize in Key Marco to account for the receipt of assessments that come in from the community for the payment of the debt service on your Series 1991 bonds and also to account for any prepayments that come on line during the year. You will notice that we have had one prepayment, which is in the revenue section and you will see principal prepays of $110,000. That is the amount of the prepayments that we have called in bonds. You actually pay less 'than that but we 2 " 16G 2 July 30, 1996 call in increments of $5,000. We have received one pr. epayment for Fiscal Year 1996 and we have paid our traditional debt service of'$290,000 for principal and $1,252,563 for interest. I will explain the bottom of..,.this because I think it is important. Your fund balance in this particular fund is actual cash in the bank but it is composed of a couple of different parts. You have about $2.4 million that was actual cash in the bank on October 1, 1995. You are projected to have exactly the same amount on September 30, 1996. That amount of money is composed of debt service reserve fund, which you will recall is equal to 10% of the par amount of the bonds that we issued so $1,446,000 of that is in your reserve account and will by virtue of that Trust Indenture, remain'in that reserve account through the life of your bond issue. Secondarily, since we have principal and interest payments due on December 1, 1997, which would be before your'assessments come in for that year, we must reserve a portion of your cash to meet that debt service assessment for December 1 which totals $951,156, such that at the bottom of that sheet you will notice that we have what we call an unappropriated fund balance of $36,668, which is in this instance, the a~ount of money that you are able to carry forward if you desire into your next year's assessments. Page 5 begins the analysis of your estimated interest income for your bank accounts for 1997. That reserve account is invested in some sort of treasury obligation currently yielding 5.87% which will continue to earn that amount through the end of next year and we do anticipate having $84,880 in interest income for next year. In addition to that, based upon the. fact that we have money sitting in the bank, when these assessments come in, both the principal and interest accounts within the bond funds also earned money during the year and we are estimating approximately $50,345 in addition~interest on those accounts. On page 6 we have the principal and interest that is due on your 1991 bonds. The first one is due December 1, 1996 and then June 1, 1996 totalling $1,541,000 and then your other fees and charges which total $1,650,000. That is based upon the debt service schedule that is attached on page 7. You follow through the analysis on the summary page, which is shown on page 3, such that you have interest income of $135,000 and proposed assessment levy of $1,515,000, your debt service and then your other fees and charges. You will notice at the bottom of the page the assessment levy is proposed to be $11,479.03 for 1997 where it was $11,493.43 for 1996. Obviously the difference is due to the slight changes in principal and interest that are due each and the amount o£ interest income that is projected to come on line for the year. 3 16G 2 July 30, 1996 That is in summ~ your Debt Service Fund for Key Marco for next year. It is consis~ant with what you have seen in the prior years with the exception of your General Fund proposed assessment levy and that is due solely to changes in your cash position from last year to this year. Mr. Harris stated on page three where you show the number of ;mits at 132, I thought we were talking about 134. Mr. Ward stated there are 134 lots that are within Key Marco in your Debt Service Fund. As a lot pays off its special assessment, then we reduce the units available for assessment. Mr. Reinders stated based on our p~jected interest income and the surplus we have, how close are we going to be cutting this? Are we exhausting all of our surplus? Mr. Ward responded in your General Fund you have no margin. It is going to be impossible for you to go over your proposed $76,000 in assessment levies for next year. In your Debt Service Fund, however, there is an estimated $36,000 cushion and roughly a $1.8 million budget. I think that is a minimal amount of money. Mr. Harris asked what happens to that interest, does it go back into the bonds? Mr. Reinders responded you would have to reduce what we are levying for this coming year. Mr. Farrell asked the amount that was paid on the two units, where did that go? Mr. Reinders responded that went to the Trustee and onto the Bondholder. Mr. Ward stated you issued $14,460,000. You ~ctually have $13,955,000 in outstanding bonds at this point. That is from two prepayments and some amortization. Our public hearing will be August 13, 1996 and if I have any other changes, I will transmit those to you prior to that date. Mr. Reinders asked have you already advertised that meeting? Mr. Ward responded yes. FO~ ORDER OF BUSINESS Sm_ff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. ~_ 4 16G July 30, 1996 C. Manager- Report on N, mber of Registered Voters Mr. Ward stated there is a provision in the Statute which requires the Supervisor of Elections to advise the Board of how many registered voters are residing in Key Marco and the report was included in your agenda package and it shows four registered voters, two males and two females and that will be made a part of your record. It is not required that the Board take any action on this particular report. It will become significant when the District converts from a iandowner based election to a qualified elector based election which will be a few more years yet. ~ ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Farrell stated our annual forms were due into Ms. Morgan by June. Mr. Harris stated I think they are due in July. Mr. Ward stated they are usually due July 1. Mr. Reinders asked will you call and verify that Ms. Morgan received everyone's form? Mr. Ward responded yes. SIXTH ORDER OF BUSINESS Approval of Invoices and Requisi[ions There not being any, the next item followed. IOnMOTION by Mr. Farrell seconded by Mr. Stakich~ with al! in favor the m. eetin~ adjourned at 9:25 A.M. ~ J~/~s P. Ward Assistant Manager Chairman 2 5 Tuesday July 30, 1996 9:00 A.M. 1. 2. 3. 4. AGENDA ~ MARCO '. COMMUNTI~ DEVEI~PMENT DISTRICT Key iPlarco Developments 277 N. ColLier Boulevard Marco Island, Florida Roll Call Approval of the IV[inures of the June 11, 1996 Meeting Questions and Comments on Pro_~osed Budget for Fiscal Year 1996-97 Staff Reports A. Attorney B. Engineer C. Manager - Report on N;,~ber of R~gistered Voters Supervisor's Requests and Audience Comments Approval o~ Invoices and Requisitions Adjournment AfftdavSt of PubLication KEY ~ARCO COtflqUNITY OOfINA HOLIDAY 10300 H~ 11114 ~AHOR CORAL SPRINGS FL 33071 REFERENCE: 026506 ~7 HOTZCE OF I~EETINGKEY State o1' FLorida Co~y of CoLLter Before the undersigned imthorJty, permLLy appeered Nine %versan, ubs an oath ~eys ~J~: ~he Dat Ly ae~s, a dat[y newspaper i~bt~ahed at IWgLes, ~n CoLLier County, FLorida: t~t ~ of ~erttsf~ ~s ~[J~ Afft~t furt~r s~s t~t the ~td ~Les ~s ~s a fl~s~r ~lt~ at ~te~, ~fl ~d ~lL1er C~, FLorJ~, for ~ ~rt~ of 1 yHr ~xt prec~S~ the first ~LJgtSm of the further ~s t~t ~ ~ ~J~ r~te, ~fssJm or ref~ for t~ ~sm of lecuri~ thJl ~ertis~t for ~L~t1~ ~n the ~Jd ~s~r. PUBLISHED Oel: 07/23 AD SPACE: 3.667 INCH FILED ON: 07/23/96 16G .... ~a~co~r~,~Tt~e 2 MARY W. MORGAN SUPERVISOR OF ELECTIO .NS C,C)UJER GOVERNMENT COMPLEX 330! T.a~41AMI TRAIL EAST N,a, PLES. FLORIDA 3,3962-4971 TELEPHONE: 941/774.8450 ' June 4,1996 Mr. Gary L. Moyer, P.A. Land Development & Management Consultant 10300 Northwest Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: In accordance with the provision of Florida Statutes regarding the June 1st voter registration figures for community development districts, enclosed is the report for the Key Marco Community Development District. The charge for this service is $25.00 since it involves a computer search of the 105,302 voters in Collier County. Sincerely, Mary W. Morgan Supervisor of Elections Encl. ~ ~ 00000 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I)^T~ OK WHICH vOTE NAME O1; POIJTICAL .%utlDIVL%ION; J~ ELECTIVE 0 ^pPO;NTIVE WHO MUST FiLE FORM 8B This form is for usc by any person serving at the county, c;.Iy, or other local 1.-ye! of government on an appointed or e!cctcd board, council, commission, authority, or committ~'- It applies equally to members of advisory and non-advisory bodies who arc prescnt~ with a voting conflict of in,crest under Section 112.3143, Florida Statutes. Your responsibilities under the law when raced with a meas{~re in which you have a conflict or interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before car~pledng the re'verse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECT1ON tt2,3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose thc conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of your interest in thc measure on which you are abstaining from voting; and \VITHIN I$ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the pc;son r:spons{b~e for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: , A person holding appointive count)', municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special .~ain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before makifis any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making an)' attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · .~ copy of the form should be provided immediately to the other members or,the agency'. · Thc form should be read publicly at the meeting prior lo consideration or the matter in which you have a conflict of interest. 1~: YOU MAKE 'NO ATTEMPT TO INFLUENCE TIIE'DECISION EXCEPT BY DISCUSSION. A'T 'THE MEETING:: · You sho'~fld disclose orally the nature of your ¢onl'lic~ |fl the measure be(ore parlicipating. · You should complete thc rorm and file it with{n 15 days after thc vote o6:urs ~,i~h [~ i:~-~s'on resp'onsib]~ rot r~:ording thc minutes or the meeting, who should incorporate the form in the minutes. , . Oo DISCLOSURE OF LOCAL OFFICER'S INTEREST i,- . hereby disclose t~a, on (a) A measure came or will come before my agency which (ch~k one) , inured to my special private gain; or ~. inured ~o thc special g~in or Developer (b) The measure before my agency and the nature of my interest in thc measure is M follows: continuing conflict , by whom I am retained. Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87-66 Da;e Filed NO'TICE: UNDER PROVISIONS OF FLORIDA STATUTES {112.31'/ (1985), A EAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT. TO EXCEED $5,(~20. i FO"M SS MEMORANDUM OF VOTING CONFLICT WHO MUST FILl[ FORM 8B This form is for use by any person serving at the county, city, or other local l~veI of government on an appointtd or elected board, council, commission, authority, or committe~. It applies equally to meml:~1 of advisory, and non-adviso~ bodie~ who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measbr~ in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this mason, please pay close attention to the instructions on ti'ds form before completing the r~,erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by pl~blicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 1'~ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording thc minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive count)', municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gai:~ of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before makifig any attempt to influence the decision by oral or writ:eh communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file lhis form (before making any attempt to influence thc decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · ,~ copy of the form should be provided immediately to the other members of the agcnc)'. · The form should be read publicly at she meetin~ prior tO consideration of the matter in which you have a conflict of interest. FOR~4 ~ll · I~1 m PAGl[ IF YOU MAKE NO AT:T~MPT TO'INFLUI~NCE THE'D"iCISION EXCEPT BY DISCUSSION AT THE ME~TING: · You should disclose orally lhe nalure or' your conflkl in die measure before participating. · You should complete ~h¢ form and file it within 1.5 days after the vote occG~s ,,~ilh'the p~rson r'esponsibl¢ for recordi'n$ the min~ut~s o1' ~h¢ metHng, who should incorporate the form in lhe minules.. DISCLOSURE OF LOCAL OFFICER'S IHTEREST (.a) A measure came or will come before my agency which (check one) ... inured to my ~ecial private gain; or / inured ~o the special gain of Developer (b) The measure before my alen~ and the nature of my inter~l in the measure is ~ follows: , by whom I am retained. Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87-66 Date Filed S,gnalur- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (198.5), A EMLURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND g~AY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: . IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN' SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $.5.000. , , , G OF VOTIN OFFICERS FORM AND OUN'i'¥, Mu ;---"""-'-' ' ap.~oin~cct or elected board, wHO MU~ ~ILE I:ORN~ ~B or ~,,ove~.ment on an · arc 7~,is form ~.s for usc by ~ny DCrsan sc~n$ n~ ~c countY, ~Y' off O~h~ lo~t l~c~ non-n~ ~ who Your r~spons~b~liti~ un~cr thc l~w when fncc~ wkh · m~ in which ~ ~ ~ conRi~ o~ intcrcst will ~ ~r~tiY ~c~n~ on whether you hol~ ~n c~ct~vc or n~oint~c ~si6on. Dot this r~O~, ~l~c pnY cWsc n~tcntion to thc Ws~r~Wns on th~s before complc~n~ ~hc r~rsc s~dc ~nd ~l~n~ th~ [o~. iNSTRUCTIONS FOR coMPLIANCE WITH sECTION t~2.3{43, FLORIDA STATUTES from votin~ on a measure which inures special ELECTED Ot:t:ICERS: A person holciint elective county, municipal, or other local public office MuST ABSTAIN to his sg¢cial private ~ain. Each local officer also is prohibited from knowinttY vo6n~ on a measure which inures to the sain of a principal (other than a ~overnment atcn¢¥) by whom he is retained, in thc measure on In either cas~ you should d~sclase ~hc conflict: pRIOR TO THE vOTE BEING TAKEN by publicly statinl io :he assemblY the n~turc of your in:~res: . for r~ordins which you arc abscaininS from vodn$; ,.,.'!THI~I 15 DAYS A~ER THE voTE ocCURS by complctlns and ~lin$ this form with the person r:s9ons~blc ~hc minutes of thc mcc6n$, who should incorporate thc form in thc minutes. made by the on,cc: ~ at ~M~ TO INFLUENCE ~ ~ ...... · ..... IF YO~T~iLL BE TANEN: .. ~ --¥ attempt to influence thC d¢cts,onl ~tth thC person r¢ip THE . · rm (be[Ore maxtal am ... ~ in the minutes. ..... m~letc and ~1~ this fo -- will incorpo~t~ t[~= .... _ ~ rccord~n~ thc minutes o~ .... .~_~ jmmedJ3tcly to the other memocrs u, 'n which you have a con~Ct of ~ · ~ copy of thc form shoul~ bc prov~c~ .... :~, to consideration pC t~c matter t ~-~' ~-- · The form should be read pubhcly at .... . ...... ;.. ...... IF YOU MAKE NO ATTEMPT TO INFLL~NCE THE DECISION- EXCEPT BY' DISCUSSION AT THE MEETING: * You shot, Id disclose orally Ihe nature of your conHicl in the measure before partieipati.ng. · · You should complete the form and flit it within I$ days after the vote occurs with'the person responsible for record'~g the minutes of Iht meeting, who should incorporate the form in lhe minutes. .. ,: ,/~,=: DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measur: came or will come before my agency which (check one) ~o my special private gain: or to the special gain of Developer , 19 : , by whom I am retained. (b) The measure before my agency and the nature or my interest in the measure is as follows: Construction of infras:ructure improvements by District, see Commission on Ethics Opinion 87-66 Date Filcd NO'TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A' FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRI,MAND, OR A CIVIL PENALTY NOT TO EXCEED S5.0~, ~ OF MEETING KEY MARCO COMMUNITY DEVELO~ DISTRICT The regular meeting of the Board of SuPe'rvisors of the Key Marco Community Development District was held Tuesday J~ne 11, 1996 at 9:00 A~M. in the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Florida. ' Present and constituting a quor?~m were: Des L. Farrell Vice Chairman Robert St_~ich Supervisor Raymond Harris Supervisor Also present were: John Petty Bruce Anderson Laura Ryan District Staff (via telephone) Young, Van Assenderp, et al Engineer FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order at 9:00 A.M. with roll call and stated that all Supervisors are present with the exception of Mr. Owens and Mr. Reinders. SECOND ORDER OF BIYSINESS Approval of the Minutes of the August Mr. Farrell stated each Board member had received a copy of the minutes of the August 29, 1995 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. St~klch seconded by Mr. Harris with all in favor the minutes of the August 29, 1995 meetin{/were approved. TI-IIRDORDEROFB~ Consideration of Resolution 96-1 Adopting an Investment Policy Mr. Petty stated this item is in response to the problem in Orange County, California about a year ago. The State of Florida has indicated that all government agencies must adopt an investment policy for review and have given us two alternatives. Resolution 96-1 recommends that we set forth an alternative investment guideline according to Florida Statute 218.415 subsection 15. 2 FO~ ORDER OF BUHINE/~ Review of Proposed Budget for Fiscal Year 1996/97 and Consideration of Resolution 96-2 Approving the Budget Mr. Anderson stated we need to choose a date to in'~ert into this Resolution. Mr. Petty stated what we are asking is that the Board adopt the Resolution and the date be set by the Recording Secre .t:ary subject to,advertisement. There is a typo that says Resolution 96-1 instead of 96-2 but we will Correct that. Mr. Anderson asked are you goLng to insert a date and a subsequent t~me? Mr. Petty responded yes, as set by the Recording Secretary to meet the requirements for preview by Collier County and the advertisement in the newspaper. Mr. Farzell asked can we set a tentative date that can be corrected by the Supervisors when they check their calendars because two of them are not present Mr. Anderson asked what is the date that this has to be adopted by? Mr. Petty responded the first week of August unless we get dissertation from Collier County but they like it done by the first week. Mr. Farrell stated the last time we did it was August 29, 1995. Mr. Petty stated we stretched it. The Property Appraiser for Collier County wants the roll set by the first week of August. Mr. Harris asked do you want to do it on a Tuesday? Mr. Farrell responded yes. Mr. Harris stated the first date available is Tuesday August 6. Mr. Petty asked your next regularly scheduled Board meeting would be what day in July? Mr. Anderson responded we do not have regularly scheduled Board meetings. Mr. Petty asked then can we schedule the last week in July as a tentative date for this? Mr. Harris responded let's make it July 30. Mr. Farrell asked why do we need a meeting? Mr. Petty responded for the public hearing. 2 16G 2 June 11, 1996 a~y of the Mr. Mr. 9:30 A.M. Mr. Farrel! stated I thought August 5 was the date for the public hearing. Mr. Petty stated what I was asking the Board to consider is the last week of July versus the first week of. August so that we can get it into the Property Appraiser by the first week of August. Mc. Farrell stated I suggest July 30, subject to review and possible change if Supervisors have a reason for choosing another date. Harris stated we are putting in Tuesday, July 30, 1996 at 9:00 A.M. Anderson stated make sure you correct the Resolution which states Mr. Farrell asked does this motion mean we are approving the submitted budget? Mr. Anderson responded you are approving it conceptually for the purposes of setting the public hearing. You still have time at the advertised public hearing where you will receive input and at that time, you will give it the final approval and you can make any changes you desire. Mr. Farrell asked can we discuss the proposed budget after the motion for any comments? Mr. Petty responded yes, it is a working doc,~ment at this stage, even after approval. On MOTION by Mr. Stakich seconded by Mr. Farrell with all in favor Resolution 96-2 approving the proposed budget and setting a public hearing was adopted. Mr. Farrell stated it looks like it is the same as the current budget. The only difference I noticed is that last year we had an unappropriated fund balance to carry forward of money that was left over from the project that was available. The total revenue is slightly more than it was a year ago. On page 2, under general fund, there is one mistake. The Board of Supervisors fees shows under total, $2,000 this year and $6,000 proposed. That is 300% instead of 200%. On page 3 is the debt service fund. They take the interest income and subtract it from the total appropriations and that is where the $1,515,232 comes from, which is the figure that is used to determine the assessment per unit. There is nothing happening that would be considered a change. 3 Ju~e 11, 1996 On page 4, the fund balance of October 1, 1995 actually was higher by about $53,000 than what we experienced the year before. On page 5 there was nothing that required any comment. On page 6 is a breakdown that gives a total, that the principal retirement is $315,000. Then you have the actual figures calcula~ted for the Tax Collector and Property Appraiser and then revenue. On page 7 is the debt service schedule which did not change. The debt service schedule does include consideration of the two property owners that paid in full. Is that correct? Mr. Petty responded no. The numbers will be reflected in the assessment portions and the adjustment on page 3. That is where Mr. Ward should be making those adjustments for those two property owners that have prepaid and for any other property owners that are prepaid. Those adjustments would normally go in on page 3 in that calculation. This budget is a working document up until the final adoption tentatively on July 30. Mr. Anderson stated I will have to send someone else from my firm. I will be out of town July 30. FIFTH ORDEROFBUSINESS Acceptance of Audit for Fiscal Year Ending September 30, 1995 Mr. Petty stated I th~nk you have all received a copy of the audit. Mr. Ward has asked me to tell you if you would like to discuss that in detail, he would like to do that with you and we can defer this item until the next meeting. Mr. Farrell stated I did note for my own information what was new or different in the verbiage from the previous audit. The new verbiage reflects the changes that we voted for in Resolution 96-1, adopting an investment policy. I noticed on page 13 of the audit, they show the amount prepaid by lot owners and that was not in last year's budget because that action happened during the past year. On page 16 was the report on compliance and the verbiage is the same as last year so I assume there is no action needed there. On page 17 is the management letter and those are suggestions made by the auditors for the consideration of the general manager, the redemption account and remarks that all the transactions should be recorded in a general ledger. thought there was a letter, which I could not find, that Mr. Ward was going to respond to that or have something in a file to show that those steps have been taken. Can you tell me anything about that? 4 16G 2 June 11, 199G Mr. Petty responded in my discussions with Mr. Ward, that is correct that he has addressed those issues and that matter is taken care of. Mr. Anderson stated the May 24 cover letter on the audit statement states that they responded to that. IOn MOTION by Mr. S~klch seconded by Mr. Harris! with all in favor the audit for fiscal year endingI [ September 30~ 1995 was approve& SIXTH ORDER OF B~ StaffHeports A. Attorney There not being any, the next item £ollowed. Ms. Ryau stated the project is complete. We did the final acceptance o£ the u~illties to the County in August or September of last year and we are available for maintenance or operation questions that might arise but we are not doing anything r~ght now. C. M~r~ager There not being any, the next item followed. SEW'ENTHORDER OFBUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. EIGHTH ORDER OF BUSINESS Approval of Invoices and Requisitions There not being any, the next item followed. 0n" MOTION by Mr. Stak/ch'seConde'd'' by Mr. Harrisll .with al! in favor ...t. he. meeting adjourned at 9:20 A.M. { Ray ,/nond~ Harris AssiStant Secretary J~me~ Rei~ Chairman 5 16G 2 'Tuesday June 11, 1996 9:00 A~M. 1. 2. 3. 4. AGENDA KEY MARCO COMMUNYI~ D~~ D~C~ Key Marco Developments 277 bi. Collier Boulevard Marco Island, Florida RoU Call Approval of the M;nutes of the August 29, 1995 Meeting Consideration of Resolut/on 96-.1-Adopting an Investment Policy Review of Proposed Budget for Fiscal Year 1996-97 and Consideration of Resolution 96-1 Approving the Budget and Setting the public hearing. 5. Acceptance of' Audit for Fiscal Year Ending September 30, 1995 6. Staff Reports A. Attorney B. Engineer C. Manager 7. Supervisor's Requests and Audience Comments 8. Approval of Invoices and Requisitions 9. Adjournment Naples Oetly Nays Naples, FL 339~0 Affidavit of pubLiCation 2 KEY MARCO COMMUNITY DO~MA MOLIDAY 10300 Ng 11TH MAMOR CORAL SPRINGS FL 33071 ;EFERENCE: 026506 t State of Florida Co~nty of Collier Before the undersigned authority, per~onetlY appeared Nine %ver~o~, ~ho o~ o~th S~y$ that she serves ms the Assistant Secreta~ of the Naples Daily M~$, a ~fly nws~Hr p~jbttshed et in Collier C=ty, Florida: thee t~ itte~ copy of ~vertfst~ ual ~bliih~ in ne~$~per on dates Affiant furthar lays t~t the gid H~s is a r~sp~l~r ~bltsh~ m~ ~Les, in Collier C=ty, Florida, ~ thee newspaper he~ haretofore b~ ~JbLish¢<S in said Collier ~Y, FLorJg, each ~y o~ ~s ~ ~ter~ as se~ c~lss ~tter et the ~st office in ~plms, Cotkter C~ty, FLorida, for · pert~ of 1 year next preC~t~ the first ~Lt~t$~ attach~ c~ of m~ertJl~t; ~ offJmt further says that he has neither ~Jd ~r pr~Ss~l any parse, fire or c~ratt~ any dJl~t, re~te, c~isst~ or ref~ for the ~r~se of securJ~ this ~vertis~flt foe ~LJcatJ~ In the said n~s~per. PUaLISHE0 ON: 06/04 NOTlC~ OF ~ " KEY MARCO COMMUNrrY "~ ~da~o~t~Julnme 11, 1~6 ~ ~ ~ ~ ~ ~ ~~m~e~a J~ 4 ' · ~ 114194 3.667 I~CM o6/04/96 AO SPACE: FILED Sworn to a~ Personally k~n The Board of supervisors Key Marco Community Development District ColIier county, Florida In connection with our audit of the general-purpose financial statements of the Key Marco Community Development District (the -District") for the we are submitting the following comments r ended September ~1, 1994, __ Cha ter 10.550 .Rul?~f yea ' in accordance with P . e£zective ~commendatlons ntit Audits an~.~- - ---~ - Local Governmental E Y .... ~da Statutes. Audl=or Generux .... ,_- -~ A~t~%fa%4.. cz ~n= September 30, 1994) an~ sec=ion zz..o~,~ · ~rior vear comment~ Prior year comments have been resolved to our satisfaction- ~urrent Year comment~ (1) Even though the District was in substantial compliance with its Bond covenants for the year ended September 30, 1994, the District's Bond Trustee did not consider amortization of the premium on investments in accordance with Section 6.02 of the Bond Resolution- We recommend that management discuss with the Bond Trustee the necessity of considering premium amortization on investments. We have included in this letter all comments which came to our attention during the course of our audit regarding items i through 7 of the -Rules of the Auditor General - Local Governmental Entity Audits", Rule 10.554(1) (f). 4575 VIA ROYALE. SUITE 110 FORT MYERS, FLORIDA 33919 (9411939-5333 FAX {941) 939-4682 CFA FIR.MS, AICPA The Board of Supervisors Key Marco Community Development District Page Two In regard to item7(c), we represent tha~ the financial report filed with the Florida Department of Banking azzo Finance, pursuant to Section 218.32(1) (b) of the Florida Statutes, is in agreement with the annual financial audit report for the years ended September 30, 1994, except as follows: Page 1, Combined Statement of Position -AllFundTypesand Account Groups Governmental Fund Types Investments (line 151) should be $3,855,089 to reflect amortization of bond premium. General Fixed Assets Fixed assets (line 16X) should be $10,404,569 to reflect current year additions of $4,399,447. General Long-TermDebt Amount available in debt service (line 180) should be $2,147,691 to agree with adjusted fLmd balance in the Debt Service Fund. Amount to be Provided (line 181) should be $12,312,309 as a result of the change noted above. Total (memorandum only) Amounts for line items referred to above should be adjusted accordingly. Page 3, Combined Statement of Position .AllFu~dTypesand Account Grou~s Governmental Fund Types Fund balance - reserved (line 24X) should be $2,147,691 to reflect adjustment mentioned for line 151. Fund balance - unreserved (line 271) should be $227,486 to report Capital Projects Fund equity as Board designated for construction rather than reserved. General Fixed Assets Investment in general fixed assets (line 280) should be $10,404,569 to reflect current year additions. Total (memorandum only) Amounts for line items referred to above should be adjusted accordingly. The Board of Supervisors Key Marco Co~m~u~itY Developmerit'Dis=tic= Page Three Iupu= Docum~u= By Fu~d Group - Rev~ue and'~~ures/EXp~uses Debt Service Fund Account number 361.000, Interest Earning reflect ~ortization of bo~dpremium. ... Schultz, Chai9el & Co. Fort Myers, Florida May 13, 1995 lob 2 PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for the forthcoming 1996-97 Fiscal Yea~, and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEI~:FOHE BE IT ~LVED BY THE BOARD OF THE KEY MARCO OF SUPERVISORS COMMUNIT~ DEV~ -0~ DISTRICt, 1. The operating budget proposed by the District Manager for Fiscal Year 1996-97 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: Hour: Place: August 13, 1996 9:00 A.M. Key Marco Developments. 277 N. Collier Boulevard Marco Island, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this llth day of June, 1996~ ~ ~'~--~Y~ '- ~-~'~ Chairman Secretary "' 8B MEM OF VOTING . UNICIPAL, AND OTHER LOCAL PUBLIC WHO MUST F~ FORM 8B T~is form is for use by any p~rson serving ~ ~hc coun~)~ ~Y, or o~h~ ~al ~ o~ ~mcn~ on an ap~m~ o~ ctec~ed~a~. ~un~L co~m~on, au~ho~y, or co~mkt~ i~ ~ppti~ cqu~y ~o mcm~ of a~o~ an~ non-a~v~so~ ~ w~o arc p~cm~ Your responsibilhics under thc law when ~accd whh a measu~ in whlch ~u ha~ a Con~[~ of [nter~t will ~ g~atly de~ndins on whether you hold an cl~i~ or appointi~ ~shion. ~r this m~on, plc~e pay close attcntion to thc instructions on th~ before completing thc r~rsc side and GIins the fo~. INSTRUCTIONS FOR COMPLIANCE WITH SECTION ~[2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holdin§ elecHv¢ county, municipal, or other local public office MusZr ABSTAIN from voting on a m~asure which inures to his special prig"ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special ~,aJn of a principal (other than a iovernment altency) by whom he is rc~ained. In either c~, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of >,our interest in the measure on which you are abstaining from voting; and \VITHIN 15 DAYS AFTER THE vOTE OCCURS by completing and filing this fo,"m with the pe',"son responsible for recording thc minutes of thc meeting, who should incorporate ~he form in the mmutes. APPOINTED OFFICERS: A person holding appointive count:)', municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agent3') by whom he is retained. A person holding an appointiv-' local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agenc}: · The form should be read publicly at the me~ting prior to consideration of the matter in which you have a conflict of interest. 17 YOU MAKE' NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE ME-i. TiNG: · You should disclose or=lly the nalur¢ of yot~r conflict in the measure before participating. · You should complete Ibc form and Hie it within 15 days after the vote occurs with the I~:rson responsible for recording the minute~ of thc mceling, who should incorporate the form in the minutes. (a) A measure came or wit1 come before my asency which (check one) inured to my special private gain; or inured to the special gain of Developer ., (b) The measure before my agency and the nature or' my interest in the measur6-is as follows: Construction of £nfras:rucCure ~mprovemen:s by D~scricc, see Commission on £Chics Opinion 87-66 DISCLOSURE OF LOCAL OFFICER'S INTEREST .... hereby disclose that on cont:tnuinR con£1:Lcc , by whom I am retained. Datc Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §I!2.317 (1985}, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA/' BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $~.000. ,,,. FORM COUNTY, MUNICIPAL, I ~%1 N^MI I IN'~1% ~.11 klllll)l I h, Akll- MEMORANDUM OF VOTING CONi;;LI I' AND OTHER LOCAL PUBLIC OFFICERS 7--7'7 /,.to, CItY D&I'I: ON WHI('H ','O1'[ (X.'CHI,¢I/.i:I) - ,40 / ,4 C., -- wHO MUST FI~ FORM 8B This form is for usc by any person servinE, at thc count)', city, or oth~' local Icv~l of government on an appointed or elcctcd*~ard. council, commission, authorib', or committee. It applies equa/ly to members of advisory and non-advisor7 bo~ies who we pr~cntcd w~th a voting conflict of interest under Section 11Z3143. Florida Statutes. Your r~sponsibilhics under the law when faced with n m~Lmr~ in which ~ou have a ~onflict of interest will v~r7 ~rcatly dcpendlng on whether you hold an elective or appointi~ position. For this rczson, please pay close attention to ~h¢ instructions on this form be[ore completing thc reverse side and filial ~hc form. INSTRUCTIONS FOR COMPUANCE WITH SECTION 1t2.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each loc"al officer also is proh~ited from knowingly votin~ on a mca. sure which inures to the spe~zl gain of a principal (other than a government agency) by whom he is rotated. In either c~se, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the me,ute on which ..eau are abstaining from voting; and \VITHIN 13 DA.YS AFTER THE vOT~ OCCURS ~' com~!efing ~'~d ,~I:'.'~ ~his fo,,-m ..vkh zhe person ~s~nsible for r'~:ording thc minutes of the meeHng, who should incorporate thc form in the minutes. APPOINTED OFFICERS: A person holding appoimivc count)', municipal, or other local public office MUST ABSTAIN from votin~ on a mcasur~ which inures to his special private gain. E.ach local officer ~,lso is prohibited from knowingly votin~ on a mca.sure which inures to the special gain of a principal (other than a lovcrnment aiency) by whom he is rctainc~. A person holding an appointive local oi'ficc other, vise may participate in a mat~er in v.'hich he has a conflict of interest., but must disclose the nature of the confiic~ before makin~ any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE T~."ZN: · You should complete and fllc this form (befor~ making any attempt lo influence the decision) with the person responsible for recording the minutes of the meedn$, who will inco~orate the form in the minutes. · A cop)' of the form should be provided immediately to thc other members of the a~.ency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. l~ YOU MAKe' NO .,\~I'EMPT TO iNFL~J£NCE THE DECISION I~XCEPT BY DISCUSSIOH AT THE MEETING: · You should disclose orally the nature of your conflict in thc measure before participating. · You should complete thc form and RIc it within 15 days after the vote occurs with thc person responsible for recording thc minutes or Iht mc¢ling, who should incorporate the form in the m~nutes. DISCLOSUR£ OF LOCAL OFFICER'S INTEREST continuing con~c~ measure came or ~vill come before my agcn~ which (ch~k one) inured to my special private gain; or inured ~o the special gain of Developer , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Cons:ruction of infrastructure improvements by District, see Commission on Ethics Opinion 87-66 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED Ry ONE OR MORE OF TIdE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S$,000. 'i'% CE FORM al~. MARCO ISLAND FIRE-RESCUE RECI IVED 1~.8o sM ~co WAD . 0 C T 3 I 1997 BUS,NEaP ( ) ( ) ~ard of County Co~rPsstoners September 12. 1997 Derek M. Johnssen. General Accounting Manager Clerk of thc Circuit Court, Finance Department 2671 Airrxm Road. Court Plaza III Naples. FL 34112 MFsc. Cortes: ,' .... RE: Required Reporting to Local Govet:nment. Copies [0: Letter dated September 9, 1997 Dear Mr. Johnsscn: This letter is in response to the "Acknowledgement of Receipt" received with the above letter. 1. Enclosed is a copy of our letter dated March 31, 1997 that indicated in thc first paragraph that the District chose not to submit a rebuttal letter since there was nothing in the auditors report to rebut. In paragraph two, it states that the District had no outstanding bonds. · ...$, 2. Enclosed is a copy of the 1997/98 proposed budget. 3. Regarding the District Map and Regiatered Office and Agent for reporting period 1997/98, there are no changes to this itfformafion. Please note that your letter is addressed to Chief Charles W. McDonald. Mr. McDonald has not been with thc district for almost two years. Enclosed is a oopy of our letter dated August 27, 1996 reporting that the registered agent is Chief Ed ~r. 4. Thc Schedule of Regular Meetings will be discussed at the next fire commission meeting. The schedule of regular meetings through December, 1997 have been reported in our letter dated August 27, 1996. 'Please note that Marco Island has recently become a city. the District has been dissolved according to the charter and it is unknown how long these meetings will continue. Copy enclosed. Sincerely, Gail E. Hachc Administrative Assistant Thc Public Facilities Report due March 1, 1997 was submitted in a timely manner. Enctosurcs RECEIVED I SEP I § m7 A Life . tet Organization .... 16G 2 N1arco Island Fire Control Dlstflct L~CKNOWLEDGEMENT OF RECEIPT Ni~pe of Report Annual Financial Report (s189.418) Audit (s189.418) Management Lette~ (s189.418) (~ RebuttaJ to Management I.~e~ (=1ee.418) (~) Budget (s189.418) District M~o (s188.418) Registered ofr~ and Agent (s189.416) Schedule of Regul&r Meetings (~189.417) Public Facilities Repo~ (s189.415) Description of Outstanding Bond~ (s189.418) March 31, 1ge7 Annually Y ~ 30, ~7 Annu~ Y s~~o, ~m' ~ Y ~ ~, lae7 Annuany N ~~ 1, 1~ ~n~ N OctoI3e~' t, 1997 Annually N Octob~ 1, 1997 Annually N ~ 30, 1997 Annualty N Ma'ch 1, 1~g7 AnnualS/ N Septembe~ 30, lgg7 Annually N FYE S/30/96 FYE S/30/9~ FYE 9/30/9S FYE 9/30/9~ Proposed 1997-1996 1997-1996 1997-1996 1997-1998 EYE 9/30/~J6 Filed = Y Not Filed = N Your response i~ requited 2, MARCO ISLAND FIRE DEPARTMENT MARCO I.~LANO, FLORIDA 3414~-~1~7 BUS~NE~ PHONE ~4~) ~ · FAX (04~) 304-e9~ March 31, 1997 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock P. O. Box 413016 Naples, FL 34112-2016 RE: 1995-96 Reporting Rec~uirements Dear Sir/Madam: Enclosed plev~se find a cc'- ' each of the 1995-96 Annual Financial Audit =_.nd Annual ~'Y Financial Report (AFR~. This is also to inform you that for the fiscal year 1995-96 the Marco Island Fire Control Distfi~ct.~h~ ~.re ~.llt iiiiq? and there are Please confirm tLat we have met all the Reporting Requirements for 1995-96. Thank you. Sincerely, Gall E. Hache Administrative Assistant Enclosures P 224 955 561 us Postal Sen4ce Receipt for Certified Mail Do no~ u~e Io~ Inlemal~al Mm1 (See revere 16G 1997/98 Proposed Budget ~ tre- Rescue est. 1965 Chief Edwin M. Dwyer " A Life Safety, Organization" 16G 2" 5010 5020 5040 5043 5050 5060 5070 5071 5080 5100 5110 5120 MARCO ISLAND FIRE CONTROL DISTRICT 199%1998 BUDGET 7/17/97 SALARIES - EXECUTIVE SALARIES - SUPPRESSION SALARIES - OVERTIME SALARIES - MECHANIC FICA CONTRIBUTIONS Total Salaries x 7.65% 180,662 1,255,244 20,000 18,522 113,071 EMPLOYER PENSION CONTRIBLrrlONS Based on Salaries x 27.1%/17.43%/175 Plan 308,790 INSURANCE - HEALTH Based on Self-insured plan 109,000 LIFE INSURANCE INSURANCE - WORKER COMPENSATION $4.59 per $100 PROFESSIONAL SERVICES Attorney fees - Volpe - $2,400 ba~e Hoo~, Alien, Blue, etal $500 retainer 10,500 62,161 12,000 ACCOUNTING FEES Annual Audit/Accountability Act/FF Pension audit 4,800 CONTRACT SERVICES Employee Assistance Program - $600 Extinguishers - $200 Water Cooler/Water - $1,000 Copier Service Contract - $650 Station Generator Service Contract - $300 Security System-Sta 51 - $420 Simplex-annual fire alarm inspection - $265 ABC Garage Doors service contract - $165 Jackson Sprinkler System-annual certif-Sta 50 - $100 AJr Quality/Cascade annual testing - $630 Postage for tax mailings - $600 Dept of Community Affairs - $I75 7,116 5120 5121 5122 5123 5130 5210 5230 5240 5300 5410 >4~0 5450 5470 5490 5510 CONTRACT SERVICF~ - continued Computer on-line - $228 ,~ Pen Air - AC contract - $480 Digital Pagers/service to replace VHF - $970 I-Chiefs - $108 TAX COLLECTOR - COLLECI'ION FEE - 2% IMPACT FEE - COLLECTION FEE - 1.5% PROPERTY APPRAISER - COLLECTION FEE TRAVEL & PER DIEM Meals: $21.00 per day/Mileage: 20¢ per mile TELEPHONES - STATION 51 TELEPHONES - STATION 50 Basic service - $3,324 Long Distance calls - $1000 VEHICLE CELLULAR PHONES POSTAGE, FREIGHT, ETC. Postage meter rental - $324 Postage - $600 Freight Out - $576 ELECTRICITY - STATION 51 ELECTRICITY - STATION 50 WATER - STATION 51 Base charge - $97.92 WATER/SEWER/GAS - STATION 50 Fire Sprinkler fee - $408.48 Lawn Sprinkler Base fee - $980.40 Station Water Base fee - $980.40 Gas Base fee - $84 Sewer Base fee - $1026.60 TRASH REMOVAL - STATION 51 Waste Management Base fee TRASH REMOVAL - STATION 50 Waste Management Base fee - $1354.44 2 48.395 1,500 25,505 3,500 480 4,324 420 1,500 !,150 11,200 220 6,600 933 1,400 555O 556O .5650 5700 5710 5720 5730 5740 5741 5742 5750 5760 PEST CONTROL Terminex - $108/qtr CABLE TV $16.99 per month INSURANCE- GENERAL Automobile policy/Commercial Package -$19,409 Accidental Death/Dismemberment-Career-$1,547 Accidental Death/Di~mernberment-Vol-$355 Management Liability (E&O) - $2,539 Commercial Umbrella - $831 Special rtisk-AD&D - $250 R/M - STATION 50 BUILDING General Repairs - $3,000 R/M - STATION 51 BUILDING General maintenance - $1,300 LAWN MAINTENANCE/EQUIPMENT REPAIR - Station 50/51 Equipment Repair - $500 Lawn/plant/tree fertilizer - $900 R/M - BREATHING APPARATUS Preventative maintenance Parts & Supplies R/M - CASCADE SYSTEM Preventative maintenance, service, parts R/M - STATION 50 GENERATOR Preventative maintenance/service belts, filters, oil coolant R~{ SPECIAL. RESPONSE UNIT (Trailer) Preventative maintenance, se~x, ice, parts R/M - OFFICE EQUIPMENT Items not covered under service contracts: Typewriter, printers, fax R/M - RADIO & COMMUNICATION EQUIPMENT 500 204 24,931 3,000 2,700 1,400 650 600 100 200 2OO 6OO 3 166 5771 5772 5780 5790 5810 5821 5840 5851 5850 5860 5870 5881 5900 6000 R/M - DIVE RESCUE EQUIPMENT Annual gear inspection - $310 Preventative maintenance/service - $140 R/M- BOAT 50 & (2) TRAILERS Preventative maintenance - $100 Patchwork - $100 Motor - $100 R/M - COMPUTER EQUIPMENT Repairs R/M - CAR #1 - 1991 Chevy Blazer (Chief) Preventative maintenance and service R/M - CAR #3 - 1991 CheW Blazer (F/M) Preventative maintenance and service R/M - PICK-UP 50 Preventative maintenance and service R/M - LADDER 50 - 1980 Seagrave Preventative maintenance and service R/M - LADDER 50 - 1997 Pierce Rim/tire - hurricane preparedness R/M - ENGINE 50 - 1989 Hush Preventative maintenance and service Service pump test - $150 R/M - PUMPER 50 - 1984 Hurricane Preventative maintenance and service Rear compartment - $1100 Service pump test - $150 R/M - ENGINE 51 - 1980 FMC Preventative' maintenance and service Service pump test - $150 R/M - LADDERS/HALYARDS UL Annual testing per NFPA R/M - HYDRANTS Paint, sprays, chemicals PRINTING Maps, Checks, Forms 4 450 3OO 3,000 800 800 5OO 7,800 1,500 3,100 4,300 2,100 1,400 375 5OO 16G 2_ q 6001 6010 6100 6110 6120 6130 6140 6150 6151 6170 6180 6200 630 PHOTO SUPPLIES Film/developing-Fire Prevention Film/developing-Suppression AWARDS, CLASSIFIEDS, MISC Naples Daily News legal ads - $1000 Awards - $500 SUPPLIES - OFFICE SUPPLIES - FIRE PREVENTION SUPPLIES - HAZ MAT HANDLING SUPPLIES - JANITORIAL/STATION Brooms, mops, paper supplies, dish soap, laundry supplies, window cleaner, floor cleaning supplies, vehicle cleaning supplies, cleaning chemicals for bunker gear, utensils, knife sets SUPPLIES - MEDICAL Oxygen supply cylinders, gloves, trauma gloves, suction tubing, suction catheters, bandages, kling, decontamination supplies, disposable splints SUPPLIES - STATION 50 - SHOP LightbullSs, wrenches, rasp set, sandpaper, nuts bolts, tape, paint, etc. SUPPLIES - STATION 51 - SHOP Mechanic supplies, Misc. supplies R/M - PORTABLE POWER EQUIPMENT R/M - MEDICAL EQUIPMENT Annual defib' certification 2 @ $200 GAS/OIL - VEHICLES Tank preservative UNIFORMS - EXECUTIVE Pullover shirts - $190 Pants - $260 Shoes - $140 Replacement items - $60 Commissioner items - $60 325 1,500 3,200 332 720 4,100 1,250 2OO 645 750 400 4,500 710 5 16G p" 6260 6270 6280 6300 6301 6310 6320 6340 6341 6350 UNIFORMS - SUPPRESSION Pullover shirts - $1634 T-shim - $250 Pants - $2403 Boots/Shoes - $1960 Jumpsuits replacement- $360 Replacement items - $600 4 - New hire uniforms - $1300 UNIFORMS - Protective Clothing & Safety Gear 6-Bunker coats - $2100 6-Bunker pants - $18OO 19-Gloves - $570 7-Boom - $700 4-Helmets - $450 12-Hoods - $240 &Suspenders - $75 10-Shields - $2OO Repairs - $365 4- New hire bunker gear sets - $4000 VOLUNTEER EXPENSES Protective clothing, safety gear, supplies, jumpsuits, t-shims, gloves, boots, hoods, etc. TRAINING - TUITION/BOOKS TRAINING - DIVE RESCUE DRI Instructor TRAINING - HAZ MAT TRAINING - FIRE PREVENTION CITIZEN CPR EQUIPMENT/SUPPLIES 25-plastic mouth/nose - $96.30 100-Disposa. ble air/lung bags - $ 26 Manikin - $300 100-AHA CPR Student Handbooks-S500 100-Am Safety & Health Ist Aid Handbooks-S395 PUBLIC EDUCATION MATERIALS Poster Coloring Contest K-3 Jr. Firefighter Essay Contest Prevention Week Packets VOLUNTEER FIRE CALLS 25% response to 25% fire calls 6 8,507 10,500 400 6,500 700 5OO 485 1,317 3,297 8OO · 16G 2 636O 6400 6450 65OO 6510 6600 6610 6621 6622 6624 6630 VOLUNTEER TRAINING 26 weeks x 6-7 voIunteers x $7 ANNUAL PHYSICALS Chest x-rays, blood work, respiratory function, EKG, general physical, hepatitis testing, stress test BANK CHARGES Transfer charges, stop prat, admin fees SUBSCRIPTIONS Magazines/Newsletters: Firehouse Lawyer - $65 Ntl Fire Code Updates - $366 Fire Findings - $36 Naples Daily News-S190.19 Marco Eagle - $24.50 American Heart Publication-S20 Responder Publication-S26 FLSA Updates - $248 DUES/MEMBERSHIPS National Fire Protection Assoe - $95 Intnl Assoc. Fire Chiefs - $105 Collier Cty Fire Marshal Assoe - $I0 Intl Assoc. Arson Investigators - $50/10 FL Chapter Intl Assoe Arson Investigators - $15 FL Fire Sprinkler Assoe - $20 Fire Steering Committee - $250 FL Fire Inspection Assoe - $20 So. Bldg Code Congress Intnl - $75 FL Fire Chief Assoe - $50 CC Fire Chief Assoc - $25 Intl Fire Service Instructors - $80 ROPE RESCUE EQUIPMENT Replacement Life line MEDICAL EQUIPMENT APPARATUS EQUIPMENT ACQUISITION HAZ MAT EQUIPMENT ACQUISITION SAFETY EQUIPMENT ACQLrISITION Eye, hearing protection - $100 3-Whelen light bars - $2271 FIRE PREVENTION EQUIPMENT 1,800 10,500 200 975 805 700 400 1,000 820 2,371 100 7 6640 6650 6660 6670 6680 6690 6820 6840 6920 693'0 6940 0000 COMPUTER HARDWARE COMPUTER SOFTWARE PHYSICAL FITNESS 2-annual PT assessments (6 days) 1-training session (3 days) analysis - graphs and documents RADIO EQUIPMENT WATER RESCUE EQUIPMENT replacement D/R set lifelike training manikin - $500 OFFICE EQUIPMENT BUILDING LEASE 1/3 funding HURRICANE PREPAREDNESS UNINSURED ASSET LOSSES MEDICAL PROTOCOL EMS training PRE-EMPLOYMENT TESTING Advertisement, application printing, exam FIRE INSPECTOR VEHICLE 300 1,200 1,000 300 1,250 1,673 48,651 825 500 11,774 320 16,000 0000 CAPITAL IMPROVEMENT PROJECTS Staff Vehicle Replacement. $6,000 Station 50 - exterior painting - $10,500 Station 50 -.hallway flooring - $2,200 Upgrading Airpacks - $10,000 Apparatus Replacement - $29,928 TOTAL: 58,628 2,484,733 8 MARCO ISLAND FIRE DEPARTMENT MAFIC.,O 1SI.AND. FLORIDA ~1~1~ BUSINESS PHONE fli41) ~" FAX (~41) August 27, 1996 Jo-Anne Leamer, General Accounting Manager County of Collier Clerk of the Circuit Court P. O. Box 413016 Naples. FL 34112-3016 RE: Filing requirements Dear Ms. Leamer: Enclosed please find a copy of our 1996-97 Proposed Budget that is due to vour office on September I, 1996. This is to inform you that there is no change to the following items: District Map - cop.,.' enclosed · Registered Office and Agent- above address/~~~.~:i~'~ Outstanding Bonds - none Regular scheduled meetings are the last Tuesday of each month as follows: August 27, 1996 September 24. 1996 October 29, 1996 November 26. 1996 December 31. 1996 January 28, 1997 February 25, 1997 March 25, 1997 April 29. 1997 May 27, 1997 June 24, 1997 July 29. 1997 August 26. 1997 September 30, 1997 October 28, 1997 November 25, 1997 December 30. 1997 I believe this should satisfy our reporting requirements. Should you need any other information, please contact me. Sincerely, Gall E. Hache Administrative Assistant 16G INDEPENDENT DISTRICT PUBLIC FACILITY REPORT MARCH 1, 1997 The Marco Island Fire Control District consists of two facilities. These facilities are known as Station 50 and Station 51. A-1 Station 50 is the main station. This facility houses three (3) pieces of fire apparatus, one (1) reserved apparatus, three (3) support vehicles, nine (9) firefighters per shift, tow (2) code enforcement staff and three (3) administrative staff. A-2 The department responded to a total of 1727 calls of which 781 were fire related and 52 were reported as structure fires. A-3 Station 50 is located at 1280 San Marco Road. Station 51 is located at 741 Elkcam Circle. B-I Station 50 - This facility was built in 1992. It is a one story building with living quarter with a 440 square foot social hall. The building is constructed 100% masons] bearing walls. The roof is truss with tile. Floor area total 13,000 square feet. B-2 Station 51 - This facility was built in 1969. It is a one story building with living quarters and no social hall. The building is constructed 100% masonry bearing walls. The roof is the common built-up type. Floor area totals 1,946 square feet. C-1 Station 50 - The district plans only routine maintenance of this building. C-2 Station 51 - The district plans only routine maintenance of this building. D-I Station 50 - Lease purchase agreement with LaSalle Bank of Chicago for $1,570,000. D-2 Station 51 - no financing. E-1 Station 50 - The district uses this facility as our main station. E-2 Station 51 - This station will remain open as a training facility and used for ~nechanical repairs to vehicles and apparatus. Marco Island Fire Control District Independent District Public Facility Report Page 2 of 2 March 1, 1997 F-1 F-2 Station 50 - This facility houses four (4) pieces of fire apparatus, three (3) support vehicles, nine (9) firefighters per shift, tow (2) code enforcement staff, and three (3) administrative staff. The station demands are anticipated to be 1750 calls for the district. Station 51 - This facility will be used for training and mechanical repairs to vehicles and apparatus. September 24, 1997 MARCO ISLAND FIRE-RESCUE 1280 SAN IVlARC, O ROAD MAR~ ISLAND, FLORIDA 34145.5Ol 1 BUSINESS ~E (~g~,l) 394,-3006 · FaO((041) 304-S95~ " RECEIVED OCT 3 I 1997 Board of County Commissioners Clerk of Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, FL 34112 Attn: Derek M. Johns.sen General Accounting Manager RE: Schedule of Regular Meetings Dear Mr. Johnssen: The Board of Fire Commissioners unanimously voted at the Fire Commission meeting of September 23, 1997 to continue holding regular fire commission meetings on the last Tuesday of the month at 5:15 pm.~ These meetings will be held at Station 50 located at the above address. October 28, 1997 November 25, 1997 December 30, 1997 January 27, 1998 February 24, 1998 March 31, 1908 {April 28, 1.998 Ma~ 26, 1998 June 30, 1998 July~ 28, 1998 August 25, 1998 September 29, 1998 This should complete the required reports to be filed with your office as reflected in your letter dated September 9, 1997. Please acknowledge that we are in compliance· Sincerely. / Gall E. Hache Administrative Assistant 16G 60O NORTtl ROAD NAPLES. FLORIDA 34104-3464 TELEPHON'F~ 94~-436-~0OO FAX: 941-436-1005 FR, ANC~ !. BLA.WCHARD, CiIAI~I ROBERT D. G~.EOY, SECRETARY JEANNE F,. B~TREA~L'RER I0~ ITH Cl A~ DO~.C'TOR: FRA,"~R W. VAN E&~,EN, September 24, 1997 RECEIVED 0 CT 3 1 1997 Board o! ~uur, t~ CO~.,,,~ ,ur, ers Clerk of the Circuit Court Finance Department do Mr. Dwight E. Brock 2671 Airport Rd., Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 Dear Mr. Brock: Misc. Cortes: Enclosed for your files you will find: The Annual Certified Budget for the Collier Mosquito Control District for fiscal year 1997-98 as approved at our Final Public Hearing held September 23, 1997; s. 189.418(3)(a). (2) (3) (4) Current District Map; s. 189.418(3)(c); (no change). Registered Office and Agent (s.189.416); (change in zip code). Schedule of Regular Meetings - 1997-98; 189.417(1) Also, please be advised that we have no outstanding bonds. Sincerely, ,Joan D. Owens, Director, Administration jdo/s enclosures RECEIVED , 16G INDEPENDENT AND CERTNN DEPENDENT ~ DISTRICT R__I:~t"~XJIFa=Tt ~NG TO I OCAL GOVERNM~ Collier Moaa_ulto Control District ACKNOWLEDGEMENT OF RECEIPT Otm~ct Map (s~Se.4~8) Registered Offioe and Age~ (~189.416) Schedule of Regular Meeling~ (~188.417) F'u~c Fa,:t~ Rqxxt J~JBII~J[~[.[~ Freaumlcv Status 31, lgg7 AnnuMy Y Seplember 30, 19g7 ~ ¥ 8eplembet 30, 1997 Anmmlly ¥ 8epl~mlx~ 30, 1GG7 ~ y Sepeember I, 1997 Annu~ly y ~ 1, lgg7 ,N'tnuMy Y ~ 1, lgg7 AJYtuIIly .,-' N 8el::~m'd~ 30, 1987 AnnuMy ~ N Mar~ 1, 1~B7 Annu&~ Y FYE 9/30/96 FYE FYE 9/~0/9S Prom~ 1997-1996 19~?-1996 1997-19~ lg~7-19~ FYE 9/30/9S F'ged = Y No~FI~ = N You~~lerequeeted ANNUAL. CERTIFIED BUDGET FOR ARTHROPO0 CONTRO{. ACCT. NO, DEBCFUPI'K)N TOTAL ~ STATE 334.~10 St~ Aflocm~n 8 SQO.O0~ 8,S430.00 311.000 T~.~t 3~241~12.00 3~241~12.00 311.000 T~xRecS~t~on lO,OOO. OO lO~OOO. O0 ~i 3el.000 Ink~M E~lr~ 222~000.00 220,000.00 I 2,000.00 337.~CK) Orl~t~ ~ 3ez0<x) Equ~pm~! · 3eg.ooo I~ 369.000 Re~ -.--- 38g.000 Loerm ~ ?o1'~4. ~.. E I~"~N~FUNDI/t,.,~Cl 2,870,807.00 2JGO,OO0,O0 20,807.00 ~1 , lrtlT, Itl.OO 8~12~ZtZ. OO 41,307.00 ACCOC.W~IG IYITEId TOTAL, LC)GAL STATE 11-15 Benelltl 21-26 E. ! 62.2 81-64 119 TOTAL BUOGETAJ~' I,X]IIM3~I Rooerv~ Sm' Sk~k & Anrtjel Leqr~ 16G 2i I r', lq ii $ q ! ~( .! Collier Mosquito Control District Uric"""'"'" E. xciuded Areas 16G SPECIAL DISTRICT REPORTINR Section 189.416, Florida Statutes, requires that each special district In the state designate a registered office and a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier county Board of County Commissioners. Any changes in registered agent and registered office must be reported to the above named agencies. In the space below, please provide the correct name and address of your current registered agent: DISTRICT NAME Colliar Hosquito Control District REGISTERED AGENT Frank Van Essen, Ph.D.~ Director REGISTERED OFFICE 600 North Road _ Navles, F~orida 34104-_3464 In addition, please provide the telephone number of your registered agent: PHONE NUMBER (941) 436-i000 *** SuaCom - 974-1000 Indicate your district's status (dependent or Independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definitions.) DEPENDENT INDEPENDENT x== if the actual location of your special district office is different from that of your registered agent, provide the district's business address in the space below:. Please return this form, to the address below: collier County Courthouse 3301 Tamlami Trail East Finance Department, Bldg. F 4"~ Floor Naples, Flodda 33962 600 NORTH ROAD NAPLES, FLORIDA 34104-3464 IELEPHONE: 941-436-1000 FAX: 9~1-436-I005 2 FRANC~ I. BLANCHARD, ~ ROBF. iT D. ~i~O, OY, SEClXI'ARY fI:~,NNE E. B~TkEASL'P. ER KEITH G A.'4DER.$ON IOHN N. ~ DIRgCTOR: FR/~,t~ W. VAN F..e~3t, PkD. Revised 9/9/97 SCHEDULE FOR REGULAR MEETINGS COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS Fiscal Yea~ - 199%98 All Regnfl~ Meetings of the Collier Mosquito Control District Board of Commissioners will be held at District Headquane~ 600 North Road, on the date and time listed below: MONTH - DATE ~ME Tuesday October 14 10:00 a.m. Monday November I0 10:00 a.m. Tuesday December 9 10:00 mm. Tuesday Sanmuy 13 10:00 a.m. Tuesday February 10 10:00 a.m. Tuesday March 17 10:00 a.m. Tuesday April 14 10:00 a.m. Tuesday May 12 I0:00 a.m. Tuesday June 9 10:00 a.m. Thursday July 9 10:00 a.m. Tuesday August 11 10:00 a.m. Tuesday September g, 22 3:00 p.m. APPROVED: Francis J. Bi{~gnchard, Chairman Gar9 L. Moger, P.A. Land Development ~, Management Consultant September 29, 1997 goar[O~(~¢tblm~~'l~eventh ~r Coral Sp~s, ~o~ )~71 (954) 75~3~ Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamlami Trail Administrative Bldg, Second Floor Naples, FL 34112 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza HI P.O. Box 413016 Naples, FL 34112-3016 M:sc. Cortes: O:,~' ~ Dear Mr. Fernandez and Mr. Gillett~ Co0ies To: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice 'of our public meeting schedule and a District map. Enclosed is a copy 0f, t~District ~op and the Board of Supervisors of the Naples Heritag$ ~mnl~'l~dopment District will hold their meetings for Fiscal Year 1998 at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida at 11:00 A.M. on the fourth Monday of each month as follows: October 27, 1997 November 24, 1997 December 22, 1997 January 26, 1998 February 23, 1998 March 23, 1998 April 27, 1998 May 26, 1998 (TUF_.~AY) June 22, 1998 July 27, 1998 August 24, 1998 ~ptember 28, 1998 If you have any questions, please contact me. Sincerely, E. Moye[ Manager GLM/nk Enclosure *** ~ NOTE CORREC'IE~ TIME FOR ALL ~GS AND DATE FOR MAY ~ING *** 11: ' Garrg L. Moger, P.A. ~., .L,~,d De~~t C~ Manaflement Consultant September 2.8, 1997 16G 10300 Northwest Ele~nth Manor Coral Springs, Florida 33071 (954) 753-0380 Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FL 34112 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 Dear Mr. Fernandez and Mr. Oillett: In accordance with Chapter 189 at the beginning of each fiscal District map. Enclosed is a of the Naples Herita for Fiscal Year 1998 at Drive, Suite 300, Naples, month as follows: Statutes we are required to provide to you of our public meeting schedule and a th~ Diz~ct map and the Board of Supervisors DaVzlopment District will hold their mNtin~ Van Assenderp & Varnadoe, 801 Laurel Oak at 10:30 A.M. on the fourth Monday of each October 27, 1997 April 27, 1998 November 24, 199' May 25, 1998 December 22, June 22, 1998 January 26, July 27, 1998 Febr~_m~ 23, August 24, 1998 March 23, 19~8 ~her 28, 1998 / If you have any q~iestions, please contact me. / Sincerely, .// Manager ~. GLM/nk Enclosure i - RECEIVED ._ .FJ_ ANOE "~6G Garu L. Mouer, P.A. Land Development c~ Management Consultant 10300 Northwest Eleventh Manor Coral Springs, Horida 33071 (954) 753-0380 September 23, 1997 Clerk of the Circuit Court Finance Department c/o Timothy J. Oillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Oillett: Misc. Corres: Copies 1o: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule and a District map. Enclosed is a copy of the',Di~dct map and the Board of Supervisors of the Fiddler's Creek Commtmity, Development District will hold their meetings for Fiscal Year 1998~ ih 'the 'Fiddler's Creek Sales Center, Fiddler's Creek Parkway, Naples, Florida at I0:00 A.M. on the fourth Wednesday of each month as follows: October 22, 1997 November 26, 1997 December 24, 1997 January 28, 1998 February 25, 1998 March 25, 1998 April 22, 1998 May 27, 1998 June 24, 1998 July 22, 1998 August 26, 1998 September 23, 1998 Sincerely, Gary L. Moyer Manager GLM/nk Enclosure , RECEIVED SEP 2 9 }99'{' .-/]· FINANCE X FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT U~I. .ou~ ~ON~S ~ ^SSO~-S PUD ZONING ""=='"' ~ "'' W.T.C. 93. t .32 AND CURRENT '"""' "'""' "'' ~ 31,3,2E~ CON_~STRUCTION ~ ',/,, , ~ '~ '=. ~r Port of the ISlands 2~OMMU~ IMPROVEMENT , 1997 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road, Court Plaza HI PO Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 34112 Copies Dear Mr. Brock and Mr. Fernandez: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a'x~tlcz of our public meeting schedule and a District map. Enclosed is a copy ofth~ DiZtrlct'~p and the Board of Supervisors of the Port of the Island iConi'ri~/~j~I~ement District will hold their meetings for Fiscal Year 1998 in the offices of the District at Port of the Islands Resort, 25000 Tamiami Trail East, Naples, Florida at 4:00 P.M. on the third Thursday of each month as follows. October 16, 1997 November 20, 1997 December 18, 1997 January 15, 1998 February 19, 1998 March 19, 1998 April 16, 1998 May 21, 1998 June 18, 1998 Jaly 16, 1998 August 20, 1998 September 17, 1998 If you have any questions, please contact me. Sincerely, oyer Manager RECEIVED I SEP 2'9 1_99 10300 N.W. 11th Manor · Coral Spdngs, Florida 33071 · (954) 753-0380 · Fax: (954) 755-6701 16G 2; '.t. COMPLEX PLA~T ~ PORT OF' THE pHcSr' ONE ISLAHOS SUBOIVIS~O~ 9 16 I0 NAPLES Gulf of Mex/co '1' i VICINITY /s/ands MAP ~ 4 SITE,-- ': Port of the Islands COMMUNITY IMPROVEMENT DISTRICT September 22, 1997 RECEIVED OCT 3 i 1997 County of Collier Clerk of the Circuit Court Collier County Courthouse 3301 Tamiami Trail East P.O. BoX 413044 Naples, FL. 33941-3044 Board of county Co~ntssioners Attn: Mr. Derek M. Johnssen Re: Public Facilities ReP°rt Dear Mr. Johnssen: Our office provided the County and City with one copy of the Public Facilities Report for 1997 ia accorda~lce with Chapter 189.415, Florida Statutes on February 25, 1997. A copy of the transmittal l~aa'a am ,inclosed for your r~fcr~nce. Should you have any questions regarding the enclosed, please feel free to contact me. Thank you. ely, District Manager's Office RKA/jh enclosures cc: R. Bruce Anderson Misc. Corres: Date: .orris \ / Item# coflltaati,~/ Copies To: Port of the Islands COMMUNITY IMPROVEMENT OI,~TRICT 16G February 25, 1997 Collier County Michael McNees, County Manager 3301 Tamiami Trail Naples, FL 33962 Dear Mr. McNees: In accordance with Chapter 189.415, Florida Statutes, enclosed please f'md one copy of the District's PubUc Facilities Report for 1997. Should you have any questions regarding the report or requke additior~l information, please feel free to contact me. Sincerely, Rhonda K. Archer District Manager's Office Rr,~/jh enclosure 10300 I'~.W. I l th Manor *Ccral Springs. Flcrf,'da 33071 (95~ 753-0380 · Fax: (,,:.,,) 755-670! Port of the Islands COMMUNIT'~ IMPClOVE.M£NT Ol$1'~lCf Februar~ 25, 1997 City of Naples Tara Norman, City Clerk 735 Eighth Street South Naples, FL 34102 ZbL~ Dear Ms. Norman: In accordance with Chapter 189.415, Florida Statutes, enclosed please find one copy of the District's Public Facilities Report for 1997. Should you have any questions regarding the report or require additional information, please feel free to contact me. Sincerely, · Rhonda K. Archer District Manager's Office P-K~dh enclosure ~.0200 N.W. l lth Manor · Coral Springs. l~.crt? 33071 ~* {9~,a)753-02,80 · F~' tg~.l')755-~701 Port of the Islands COMMUNITY IMPR~ENT DISTRICT September 3, 1997 Memorandum To: Clerk of the Circuit Court cio Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 RECEIVED I SEP I 5 FJ7 Robert Fernandez Collier County Manager Governmental Center 3301 East T9mlnml Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Stmrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Note: Minutes of Meetings held July 17, 1997 Resolution 97-4, ~nn,,-! Appropriation Resolution and Re~olution 97-6, ~ Non Ad Valorem Assessments will be sent to you under separate cover as the Acconnting Deparfment is 61ling in the nl, rnbers of the blanks on both Resolutitm& 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/ir 10300 N.W. 11th Manor · Coral Spdngs, Flodda 33071 · (954) 753-0380 · Fax: (954) 755-6701 MINUTES OF ~MI~rrlNG PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, July 17, 1997 at 4:00 P.M. at 25000 T~mi,mi Trail East, Naples, Florida. Present and constituting a quom~rn were: Thomas L. Barnard Richard Burgeson Bernard E. Wolsky Millie tC Strohm Chairman Supervisor Supervisor Supervisor Also present were: John Petty Darrin Mossing Bruce Anderson Dr. Ron Benson Marlene (Sam) Marchand Barry Berger District Staff District Staff Attorney Hole, Montes & Associates R.V. Park Owner Resident FIRSI' ORDER OF BUSINESS Roi1 Can Mr. Barnard called the meeting to order at 4:00 P.M. and stated that the record will reflect that all Supervisors are present with the exception of Mr. Gatti. SECOND ORDER OF BUSINESS Approval of the Minutes of the June 19, Mr. Bernard stated that each Board member had received a copy of the minutes of the June 19, 1997 meeting and requested any additions, corrections or deletions. There not being any, IOnMOTION by Mr. Burgeson seconded by Ms. Strohm! with all in favor the minutes of the June 19, 1997] meeting were approved. TItIRD ORDER OF BUSINESS Discussion and Acceptance of Annual Engineer's Report Dr. Benson stated I am going to discuss page 5-1 which has the summary and recommendations of the Annual Engineer's Repqrt. In regards to the roads, there is a limerock road that extends to the North up to the Water and Wastewater 16G 2 July 17, 1997 Treatment Plants. In the next few years there may need to be some maintenance and upkeep on that road as it ia an unpaved road. There was some construction work near the entrance which needs to be observed for potential damage to make sure that is repaired. I did not notice when I was coming in what the status of that was. Mr. Barnard stated it is about like it was. We have had a great deal of truck traffic but that is going to continue throughout the construction process. I do not think we should prematurely go in and re-do the entrance as we are still building and trucks are going to be coming in and out. Dr. Benson stated that just needs to be watched and there needs to be something done at the appropriate point regarding construction activities. The drainage system appears to be in good shape. In regards to the wastewater collection system, there still needs to be a continuation of investigation o~' infiltration and in-flow for extra water that enters the system when it rains. There has been some work on that and it has helped to some extent. The Water Treatment Plant is currently rated not to exceed 432,000 gallons per day and generally the flows range between 80,000 gallons per day and 150,000 gallons per day so you have plenty of capacity. The Wastewater Treatment Plant is currently permitted for 200,000 gallons per day. The highest period flows were 90,000 gallons per day. That facility with minor modifications can be re-rated to 300,000 gallons so we are in good shape with the wastewater treatment system. They are operating within their permit conditions. The Wastewater Treatment Plant has some permitting activity. There is an operation permit renewal that is pending with the Department of Environmental Protection and we anticipate receiving that permit when the reviewer returns from vacation. The latest news from his Supervisor this afternoon was that the permit will probably be approved about the second week in August. We do not expect any surprises as we reported at the last meeting. The other permitting issue had to do with the berm along the edge of the wetlands which the wastewater effluent is discharged into. There was an area that needed some of the exotics removed and some work needed to be done on the berm. The Inspector from the DEP was here yesterday who informed me that most of that work is already being done as far as the earth being moved and filled in. As far as permitting requirements, we are in compliance and have plenty of capacity. The one issue we need to watch and still do some work on is trying to reduce the amount of water that enters the sewer system when it rains. The 2 16G July 17, 1997 roads are in good shape other than the few things that we discussed. In regards to the irrigation system, we will be installing a line going to the North. I believe we have the funds to do that work at some point in the future. Mr. Barnard stated that was an extension of the irrigation line to the North hotel area which currently passes along 41 on the North side. At one time there was a consideration to re-align the entry road. Somebody thought we were going to move it and we did not want to put a line somewhere where you might have to dig it up and move it two years later. We have fire protection for the hotel and the R.V. park area even though it is potable water and theoretically does not get used. At some time we had $60,000 allocated which is the cost of the project. It was originally designed to run parallel to the force main which goes across the front of the property all the way over to the tree line where the powerlines are and then North behind the old employee housing area where it will simply terminate and would be available for all of those parcels to take advantage of. I do not know whether they would be required to use it. Mr. Wolsky asked could you pump the water out of the canal? Mr. Barnard responded that is the water out of the canal. The source of your fire and irrigation system is canal water. Mr. Strohm stated we are getting ready to renovate in the Fall. If we wanted to put in an irrigation system on the North side, would ~there be a problem? Mr. Barnard responded there certainly would not be any problem with the way it is now or with the additional service line. Mr. Petty stated she would probably want the additional service line. Mr. Barnard stated it would be less expensive if you were going to be doing considerable irrigation. The cost of canal water is much less than the cost of treated water. I do not know the exact numbers. Mr. Petty stated the difference is 28¢ versus $1.39. Mr. Barnard stated that is a big difference. In times past, we tried to take a look at the gallons o£ potable water being utilized going through the system versus the gallons of water being billed. We did that to attempt to find places where there were unmetered areas and we found several. Is that a continuing process or do we need to remind ourselves to do that every so often? Mr. Petty responded I will defer to Mr. Mossing if we want to go further on that but I do know that Mr. Mossing and the Utility Billing Director had just gone through the process of checking on all the accounts in Port of the Islands. Two years ago, we had found some unmetered sources. We had also found some 3 16G 2 July 17, 1997 people who's bills had lapsed and we came up with a policy for collections and review. If the Board so wishes, we can start doing that again on a monthly basis where we bring that little sheet for comparative services. Mr. Barnard stated my question is not so much related to who is paying the bill and who is not, although that is certainly an important consideration. My question relates to if the flow going through the plant equals approximately the amounts being billed. I saw something where the City of Naples was hoping to get it within 20%. In other words, it apparently never is a perfect match. Dr. Benson stated it never balances because there are other uses of water that are not metered periodically such as flushing lines, potential fire protection, etc. The American Water Works Association standard is that it needs to be under 20%. Most utilities would like to be half of that. We did not receive the data this year and I do not think we have checked it every year. If we know how much water has been treated for the year, we could very quickly do that calculation if the data was provided. That is a normal service that we do for some of our clients. Mr. Barnard asked is that number available? Mr. Petty responded yes. That is something that is done by Mr. Stephens on a monthly basis and of course the utility billing system is something that is on our computers. That is something we normally do on our water audit and we can certainly provide that to the Board on a monthly basis. Mr. Barnard stated unless I hear an objection, I would like to direct Mr. Petty to provide Hole, Montes with those monthly flow numbers. Maybe you do not even need to have them do it. It is just a matter of comparing numbers and seeing whether we are 10,000,000 or 10,000 gallons off. If we see where we are, maybe we can find some more of the mistakes that we have found in the past. Mr. Berger asked Dr. Benson, does your firm review all of our roads for repair and weaknesses? Dr. Benson responded once a year we do a visual inspection of the roads. I did not personally do that but that is a service that we provide. Mr. Berger stated we have a budget for $10,000 for road repair. Is that a good number with the expected repairs that are needed for the next'three or four years? Mr. Barnard responded I think we have used that number on only one occasion where we did a complete re-pave of the North Entry Road. Other years, I do not think we have used that much. 4 , July 17, 1997 , 1 6 ~ Mr. Petty stated for repairs and maintenance, that is a high number, conservatively speaking, to fix the potholes and line breaks that we would have that would affect the road in its current condition. Mr. Bernard asked in your budget, Mr. Mossing, do you have that number versus the actual projected? I do not have it in front of me. Mr. Mossing responded the actual is $8,800. Mr. Barnard stated the Budget was $10,000 and the projected total through 9/30/97 for road repairs is $5,800. Dr. Benson stated I think I understand the question. We did not provide m number as the average cost per year if you were to repair or pave over the roads every so many years. This Budget as I understand it has been for repair of road as needed. Mr. Berger stated we are under a new environment here. Before last year, we had not had much traffic. ! am not an expert but quite honestly there are a number of streets that need to be re-done. What would be the cost to re-do the front entrance.? It should be done five years from now. Dr. Benson responded I would have to look at specifically how many square yards of pavement there are in various areas. Mr. Barnard stated we re-paved the entry way all the way down to Sunrise Cay three years ago for less than $25,000. Dr. Benson stated you can build a whole new road for about $30 per foot of road. $10,000 will do a lot of repairs. Most of the roads are fairly new and were built to certain standards. Mr. Barnard asked if we were to come up upon a year where we had a major repair of a large section, we might have to look ahead and budget more than that for that particular year. As a general rule, $10,000 has been more than what we have spent for repairing potholes and water line breaks that may cause the road problems. That is a fairly inexpensive process. Dr. Benson stated at some point in time there is some concern on the age of the road system and we will help you come up with a schedule and a renewal plan. Within so many years you can then do a large amount of work that can be anticipated in the next five to 10 years. We will help you develop an estimate. That has not been the scope of our work with the District at this time. 5 FO~ ORDER OF BUSLNF...qS Public Hearing on the Adoption of the Budgets for Road and Drainage and Water ~nd Sewer and Consideration of the District's Non Ad Valorem Assessments Mr. Petty stated it would be appropriate for t~Ne Board at this time to open the Public Hearing for discussion for consideration of the adoption of the Budget for road, drainage, water and sewer and for the consideration of the District's Non Ad Valorem Assessments. Mr. Barnaxd stated we will declare the Public Hearing open. Mr. Mossing, axe you going to make the presentation? Mr. Mossing responded yes. At the Board's May meeting, I gave a brief presentation on the District's Proposed Budget which is substantially in the same format that prior years Budgets have been in. On page one, is the District's General Fund which is what the District uses to levy its annual maintenance assessments on. It is the funding source for this Budget. The administrative Budget is basically the same dollars as the prior year. There was a slight decrease in the operations Budget, primarily related to one of the District's vehicles where the final payment on the lease will be made at the end of this Fiscal Year. This is the time to address whether the District is going to purchase that vehicle or hand in the lease and get an additional vehicle. There is no line item budgeted. Mr. Barnard stated I thought we had addressed that. Mr. Petty stated I think we should look at the Budgets one at a time, the first one being the General Fund which is basically for roads and drainage. As Mr. Mossing stated, the Budget is very similar to last year's Budget. Mr. Barnard stated I believe it was $228 last year and $229.15 this year. There is a dollar difference. Mr. Petty stated the only noteworthy change is that there was a small increase proposed for mosquito control. At last month's meeting, we had brought at the Board's request an increase above and beyond that. The Board did discuss that at the last meeting but made no decisions and decided to withhold comment until this meeting. In your General Fund Budget, the only issue is how far you want to increase mosquito control. You also have a truck coming up for lease. You can either buy it or lease another one and send this one back. Our recommendation is probably going to be to purchase it but it is not going to affect this Budget overall. 6 July 17, 1997 ! Mr. Mossing stated the purchase is anti¢il~ated in this Budget. I do not think we have to worry about that. I think the main item for discussion under the General Fund Budget besides anything the public may wish to bring forward, is mosquito control. Mr. Barnard stated I think it is appropriate that we discuss that at this time. This year was a banner year for mosquitoes. In the eight years that I have been here, it has been by far the worst. If you go out in the morning or evening now, you can see ~hat our normal situation is. There are some mosquitoes but you do not have to run from your car to the door of your office. I said to a gentleman that was doing the work for me, ~do you remember when you were doing the cable extension down in the Sunset Cay area about two months ago". You stand still and the mosquitoes would be all over you. What we have now is a normal season and I suspect the spraying is probably down to once a week or maybe even less. It looks like this year even with spraying three and four times in some weeks, which I know we did during the worst of the mosquitoes, we are still going to only be projecting $7,500. Mr. Mossing stated in your actual financials, we are up to $9,300. Mr. Bar'nard stated so $10,000 is not an unreasonable number. Mr. Mossing stated you may even want to increase it more. That is as of June 30th and the mosquito spraying has leveled off. Mr. Petty stated as you can see in your Budget, the dollar number is almost identical to what it was last year. Every $1,000 increase in the Budget, puts another dollar onto that per unit assessment. In consideration of how far you wish to extend the mosquito control', you may want to keep that in mind. Mr. Barnard asked since we have exceeded the Budget in mosquito control, is it acceptable to take money from other areas? We did not spend $10,000 on road repairs. I think at one time, we had to go back and actually amend the Budget but I think we do that at the end of the year. Mr. Petty responded we can do that at a time when we know what the numbers are. As the mosquitoes were hot and heavy, we amended the Budget not knowing what that number was going to be. Now that we are at the end of the Fiscal Year, we will come to you for a Budget Amendment. Wherever you have reserves, you would pull those amounts. Mr. Barnard stated I do not know that we need to adjust the numbers as long as we know that there is a fudge factor. Ms. Strohm asked are you going to increase mosquito control to $10,0007 7 Mr. Barnard responded that would be my recommendation. Mr. Petty stated that would allow us another 50% more of chemical than we had available this year. Mr. Barnard stated we had $5,000 for chemicals and $2,500 for equipment budgeted this year and this will take it up to $10,000. Mr. Berger asked Mr. Mossing, what do you think will be actual for this year for mosquito control? Mr. Mossing responded that is a little difficult to answer. I do not know where Mr. Stephens is at in te~s of purchasing these chemicals and whether he has an inventory and the chemicals on hand. If he is buying it as he needs it, then I would have to say that it would be closer to $13,000 to $15,000. The General Fund does have some surplus from certain categories that are not being fully expended. There are some surplus funds that should the District overrun that individual category, we have funds to cover that. Mr. Barnard asked have you received your tax collections from the certificate sales? Mr. Mossing responded yes. There is about $150,000 that is still outstanding. We typically receive a check in the amount of $600,000. We have already received $483,000. Mr. Barnard asked do you think that reflects that more people have paid their t~xes? Mr. Mossing responded there are three large parcels of property that ended up going to tax sale. Mr. Barnard stated I am not aware that there were any certificates that did not sell. That has never happened in Collier County but that does not mean it could not happen. Mr. Mossing stated in conversations with the Tax Collector, they said that they all had sold. We usually get that disbursement in one check. That does not mean that there is not another check forthcoming. We are about 80% to 85% collected on our assessments. Mr. Barnard stated I assume that we are to handle the Budget as one item rather than one General Fund and one Water and Sewer Fund. Mr. Petty stated staff would like the Board to consider each Budget separately. Ms. Strohm stated I would make a motion to go with the $10,000. 8 Mr. Barnard stated it is in your Proposed Budget at $10,000. That would keep your annual maintenance fee within a dollar of what it was this year. Mr. Petty stated it would be appropriate to take those motions after the Public Hearing has been closed. Mr. Barnard asked are there any questions from the public on the General Fund portion of the Budget? Ms. Marchand responded yes, at the meeting before last, you did some quick calculations and said that could potentially mean a decrease in the maintenance assessment. Mr. Barnard stated I would have to re-read the minutes. Mr. Berger stated I think he said if' we do not increase the mosquito control line item, there will be a decrease. Mr. Barnard stated I apologize. I do not remember. Realistically, until we build up this major surplus in the operating funds for the District, I would not anticipate that they would decrease. As we find that as more maintenance is required, the opposite is true. Mr. Berger asked do we accept the Budgets today? Mr. Barnard responded I believe this is the Public Hearing to approve the Budget. When we get done today, we will have two Resolutions that we will have either passed or deferred. Mr. Petty stated that does not mean that you cannot consider Budget Amendments throughout the year. Mr. Barnard asked are there any other questions on the General Fund? Hearing none, we will move on to the Water and Sewer Fund. Mr. Petty stated I will defer to Mr. Mossing but the same things apply where this year is very similar in cost categories and makeup as the look and the feel of the Budget last year. You are seeing the application of the approved rate that you adopted last October. If' I remember correctly, the only item that I recall the Board wanting to discuss or staff bringing to the Board's attention was the possibility of' the rates being looked at on a yearly or every other year basis to make sure that they were adequate. That is something that we have the capability of doing in-house and I think Mr. Mossing can talk to you more about the specifics of that. Mr. Mossing stated that is a Board decision. I believe currently the rates of all the additional users and meter fees that we are receiving is sufficient to continue operations for the next year. As we go through the Fiscal Year on a 9 July 17, 1997 monthly basis, we can actually address the rates. We coincided last year's rate increase with the Budget but at anytime during the year, if the District feels there is a shortfall in operations and revenues, we could address the rates. I feel confident that the current rate base would be sufficient to fully fund our operations for the next year. Mr. Barnard stated the interesting thing to me is that for the first time, our projected revenues through 9/30/97 exceed the budgeted amounts in almost every category, most importantly in the connection fee areas. The meter fees are up and the connection fees are almost $13,000 above. That just means more places are being built and more people are living here. That was where we were talking about economies of scale and a potential for rate decreases. Does that make any sense? Mr. Petty responded yes. You always look for that. Mr. Barnard stated it does not happen often. Usually it is the opposite. At any rate, it is encouraging to me. This is the first time that we have ever come close to the meter fee and connection fee numbers. We have always been very ambitious in our projections. Mr. Petty stated that is a good point. It shows you that although the growth is causing us some concerns about road and other issues, that it is definitely helping us out where it counts the most which is in our pocket. Financially speaking, the growth is helping the water and sewer facilities a great deal. Mr. Berger stated Mr. Mossing, on page 11 for interest income, we have a projection for $545.98 for the year on revenues of $300,000. Is there a cashflow that would generate some interest income of more than $500? Mr. Mossing responded yes but in the utility fund, those funds are coming in. Unlike the General Fund where you typically get a lot of your money up front from the County Tax Collector and that is then invested, the water and sewer money comes in monthly but is spent on a monthly basis. There is not a lot of carry forward on those funds. If those interest earnings come in, those are just surplus funds for the operation of the District. I do not like to count on that investment. Mr. Petty stated one thing to keep in mind is that this is a zero sum situation. If interest comes in, it gets applied to water and sewer and covers categories such as reserve or gets carried forward to the next year. We try to project our income conservatively and our expenses are on the high side so that we do not run over. This year for the first time we may actually have one category July 17, 1997 that can earn interest and that is the reserve fund. As you know for the first time we may actually have some monies for that renewal and replacement category that we have never had before. I think Mr. Mossing is showing due diligence by not counting that yet until it is actually sitting there. After one year's worth of sitting there and getting income from the accounts approved by the Board, we will know what to show for next year. Mr. Barnard asked are there any other questions from the public? Mr. Petty responded there is one more item to consider but I will refer it to the District's Attorney. Mr. Anderson stated I would like to make a part of the record a memorandum from the District Engineer which basically says that your benefit and maintenance special assessments, will be based on a report from the District Engineer. The memorand,,m says "Hole, Montes & Associates, Inc. has reviewed the proposed Annual Maintenance and Benefit Special Assessments. This review was conducted using the information provided from the District's Manager's office and the Annual Engineering Report prepared by Hole, Montes & Associates, Inc. We hereby state that to the best of our knowledge and ability all lands within the District that benefit from these assessments are being assessed, and the assessments are apportioned between the benefited lands in proportion to the benefits received by each parcel of land". ! wanted to make that memorandum a part of the record for today's Budget hearing. Mr. Petty stated it would be appropriate for the Board at this time to consider closing the Public Hearing to vote on the Budgets. Mr. Barnard stated at this point, I would look for a motion to close the Public Hearing. On MOTION by Mr. Wolsky seconded by Ms.'""s'tr~hm~ with all in favor the Public Hearing on the adoption of~ the Budgets for Road and Drainage and ,Water andl Sewer and consideration of the Districts Non Adi Valorem Assessments was closed for public comment. I Mr. Barnard stated at this time,, we need motions on the General Fund Budget. Mr. Petty stated I have Resolution 97-4 for the Board's consideration which by title is ~Being the Annual Appropriation Resolution of the Port of the Islands Community Improvement District relating to the annual appropriations and 11 . . July 17, 1997 adopting the Budget for the Fiscal Year beginning October 1, 1997 and ending September 30, 1998 and fixing maintenance and benefit special assessments for said Fiscal Year". On MOTION by Mr. Burgeson seconded by MS. Strohm with all in favor Resolution 97-4 being the Annual Appropriation Resolution of the Port of the Islands Community Improvement District relating to the annual appropriations and adopting the Budget for the ~Fiscal Year beginning October 1, 1997 and ending September 30, 1998 and fixing maintenance and benefit sp.ecial., a. sses.sments for said Fiscal Year was adopted. Mr. Petty stated the second Resolution is Resolution 97-5 which by title is "A Resolution adopting the Final Water and Sewer Budget of the Port of the Islands Community Improvement District for Fiscal Year 1997-98'. I On MOTION by Ms. Str'0'hm seconded by Mr. Wolsky[I with all in favor Resolution 97-5 adopting the Finalll Water and Sewer Budget of the Port of the Islands~ Community Improvement District for Fiscal Year 1997-[[ 98 was adopted. ][ Mr. Petty stated the last Resolution for the Board's consideration is Resolution 97-6 which by title is ~levying a Non Ad Valorem Assessment for water management and roadway cost within the Port of the Islands Community Improvement District for period October 1, 1997 through September 30, 1998". On MOTION by Mr. Wolsky seconded by Mr. Burgeson with all in favor Resolution 97-6 levying a Non Ad Valorem Assessment for water management and roadway cost within the Port of the Islands Community Improvement District for period October 1, 1997 through September 30r 1998 was ado]~ted. . ...... FIFTH ORDER OF BUSINESS StaffReports A. Attorney Mr. Anderson stated it is my understanding that the real estate transaction closed on the parcel that we had the utility lien on and that our lien has been re- recorded. We have not yet received that document back yet but it is my understanding that everything went as it was supposed to. 16G 2 July 17, 1997 Mr. Barnard stated I have heard the s~me thing although I do not have first hand knowledge. It occurred while I was away. I understand that everything went forward the way it was intended. Mr. Petty stated staff has been in contact with Counsel discussing issues and we are under that understanding as well. We have not seen the documents come back yet but the issues were as the Board had considered them at their meeting. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINF, SS Supervisor's Requests and Audience Comments Ms. Strohm asked did we table something from last month's meeting? Mr. Petty responded there were some comments in a letter that Ms. Marchand had sent to the Board's attention that we had given to the Board members at the last meeting. We had discussed some of the issues and left the door open to discuss it again at this meeting and any other meetings that were applicable. I think the ones that Mr. Gatti who was acting as Chairman wanted to address were those affecting the Budget'at the time which I believe we have addressed. I think the other issues are those*~hat we can take on in due course. Mr. Barnard stated I was not here so I cannot comment. Ms. Strohm asked Ms. Marchand, do you remember? Ms. Marchand responded yes. As I just came from out of town, if it could be postponed to the next meeting, that would be fine with me. Mr. Petty stated I think we can wait another 30 days. Mr. Barnard stated the North entrance is progressing slowly but it is looking very nice. It is going to be beautiful when it is done. Mr. Berger stated I would like to thank the Board and staff for the work on the Budget. It took a lot of work to put together and we appreciate that. Mr. Barnard stated most of the thanks goes to staff who did most of the work and have done a great job. Obviously any time you can come to another year and keep your costs in line and your revenues in conjunction with your costs and expenses and do not get any big surprises, it makes our lives a whole lot easier. Ms. Marchand stated I noticed back in May that Big Cypress went around and cleaned the sand out of the gutters and the swales and was supposed to go on undeveloped lots. They cleaned a lot of the debris away. It was great when they did it then but now we have the rainy reason. Where it has been cleaned, especially next to the Wilson's house the water goes through those little holes and through the swale in the back. However, across the street, there is a lot of debris and it collects. I do not know if it is within the Budget and whether you are planning to do it or not, but we should have Big Cypress go around and clean those areas so that the water will drain out of the street into the swales. I am not sure that is in their task but certainly the operation of the drainage system requires that we keep those drains working. Mr. Barnard stated we thank you for bringing it to our attention. I would start with Mr. Stephens and if it needs to go beyond that, then we will make further arrangements. A resident stated I have not seen it myself but I understand that the speed limit approaching Port of the Islands from the West has just gone up to 60 mph and it used to be 45 mph. Can we put any input to get that speed back down? Mr. Barnard responded my guess is that would be a mistake because with a caution light there, I feel sure that it is not intended to be 60 mph. It is just a matter of a call to the DOT. Ms. Marchand stated when we had the neighborhood watch meeting, Mary from the Sheriff's office said that DOT was given strict orders to do something with the road. She said that they threw something together and did it very fast. Whatever is out there is not permitted ~nd it will change. The resident stated they also said that it was regulated by the State and Mr. Gatti was going to give us the address to write to Tallahassee for changing that merge line. It is really awful for us to live on the other side of the canal. Ms. Marchand stated Mary also said that they appreciate us bringing things of that nature to their attention so that they can help to address them also. ~ ORDER OF BUSINESS Approval of Invoices l'~)n MOTION by Ms. Strohm seconded by Mr. Wolsky~ ,.with all in favor the invoices were approved. I I'0n MOTION by "Ms. Strohm seconded by Mr. w~l"~/ with all in favor the meeting was adjourned at 4:45 P.M. ~ July 17, 1997 Chairman Thursday July 17, 1997 4:00 P.M. 1. 2. 3. 4. AGENDA PORTOFTHE ~ COMMUNITY IMPROVEMENT DISTRICT 25000 Total=mi Trail East Naples, Florida Roll Call Approval of the Minutes of the June 19, 1997 Meeting Discussion and Acceptance of Annual Engineer's Report Public Hearing on the Adoption of the Budgets for Road and Drainage and Water and Sewer and Consideration of the District's Non Ad Valorem Assessme.nts Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment .I. bb l~pLes,, FL 33940 Afftc~v~t of PubL~t~m PORT OF THE ISLANDS 10300 I~ 11TH IIANOR CORAL SPllZNGS FL 33071 REFERENCE: 0109Z~ 57531966 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, per~LLy appeared B. Lamb, who on oath ~aya that she es the Assistant Corporate Secretary of the OeiLy He~s, a daily neuspaper pubLi~mcl at in Collier County, FLorida: that :he attached copy of th ~ertts~ ~ ~t~ tn ~s~r ~ htes LJst~ Afff~t further sWs iht the ~d ~L~ CoLLter C~ty, ftortda, ~ t~t t~ ~s~r ~ heretofore ~ ~tt~ity ~Ltsh~ in said CoLLier ~ty, FLoe~, ~y a~ ~s ~ ~ter~ a~ sec~ ctasa mit ~tter at the ~st office tn ~Les, tn co~te~ c~ty, F~or~da, for · ~r1~ ~ 1 next prec~t~ the first ~bticat~ of the attach~ c~ of ~vertts~t; ~ further says that she has fletcher ~d ~r pr~s~ ~ ~rs~, f~ra or c~rat1~ a~ disc~nt, rebate, comtssfon or Kef~ for the ~r~se of se~rt~ th~s ~ertts~t for ~bUcati~ ~n the laid PUBLISHED OH: 07/01 07/08 AD SPACE: 78.000 INCH FZLEO ON: 07/09/97 Signature of Affiant / .' S~.~rn to and Subscribed before me this ./ ... day of Personally knoun by ee //,Y.''" 'J. ~'; ~ "- ' NOTK:E OF PUBUC HEARING ~s._k~nds ~ ~m~,ement D~str~l hokl a ~k: hatting at tm P.M., I D~k* ~ ~t ~e ~ Re=s, ~e0 ~ m ~ c~,~ ~ ~ ~s) A ~ ~ ~ ~s) ~ ~ ~ ~'." ~ I~ R~, ~ T~ T~il, m~~~ '- ~. At ~e ~e ~ ~e ~1 ~. ~ ~ ~1~ ~ e~ In ~.' ~ ~ by ~1~ ~m~ ~IliH ~ physl~l Im~lrment should Died ~ce ~ (9~) 7~0 ~ ~e ~ ~ ~ ~ me ~e ~ a v~m r~d of ~ ~o.. cardings Is made, including the t~ a~ evince ~n ~ich ~lls~ 1 Port of the Is~ands Community Improvement District ANNUAL ENGINEERING REPORT June, 1997 Prepared By: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34012 (941) 2624617 FY 96 166 2J 1 TABLE OF CONTENTS SECTION I 1-1 INTRODUCTION ................................................................................... SECTION 2 2.1 2.2 AUTHORITY, PURPOSE AND ORGANIZATION Authority and Purpose ............................................................................. 2-1 2-1 Organization ............................................................................................. SECTION 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 EXISTING FACILITIES 3-1 Sewage Collection System ....................................................................... Water Distribution System ....................................................................... 3-1 Fire/Irrigation Distribution System .......................................................... 3-2 3-2 Drainage System ...................................................................................... Roads ........................................................................................................ 3-2 3-3 Fire/Irrigation Pump Station .................................................................... Water Treatment Facilities ....................................................................... 3-3 Wastewater Treatment Facilities .............................................................. 3-4 SECTION 4 4.1 FINANCIAL REVIEW OF BOND IMPROVEMENTS Financial Review of Capital Projects Funded by the Special Assessment Bonds, Series 1990 ............................................ 4-1 SECTION 5 SUMMARY AND RECOMMENDATIONS .......................................... 5-1 THE PROfECT ........................................................................................................ EXHIBIT \~dMA_71 5W P~ 199~90 ! ~ 4'~CO~.96.DOC 16G 2~ SECTION 1 t ! INTRODUCTION 16G Section 1 INTRODUCTION This report presents to the Bondholders and to the Port of the Island Community Improvement District (District) an assessment of the condition of the water and wastewater systems, the drainage system, roads, and other miscellaneous improvements. This report covers those facilities completed and a summary of those facilities to be constructed. I I ] 1 The Port of the Islands community is generally broken down into four quadrants divided by US 41 running east-west and the Faka Union Canal running north-south. The Northwest quadrant did not have any development planned that were part of the Special Assessment Bonds, Series, 1990.' This quadrant contains the District's irrigation and fire protection pumping facilities. The Northeast quadrant contains the District's water and wastewater treatment facilities. The remaining portion of the Northeast quadrant consists of the KV site and one of the two hotels on the site. The Southwest and Southeast quadrants contain the bulk of the residential d~.ciopment v,-ith a mix of single family homes, patio homes and multifamily homes. The Southwest quadrant also contains the second of two hotels and the marina. :1 w :\ 1990\90154~,A Nlq UALRP.96. DOC 1-1 SECTION 2 AUTHORITY, PURPOSE AND ORGANIZATION Section 2 AUTHORITY, ?URPOSE AND ORGAN[ZA'rlON 2.1 AUTHORITY AND PURPOSE The Port of the Islands Community Improvement District (District) entered into a Professional Services Agreement on February 28, 1991 with Hole, Montes & Associates, Inc. (HMA) which appointed HMA as the District Engineer of Record for the Port of the Islands Community Improvement District. This report is prepared to meet thc reporting requirements contained in thc Special Assessment Bonds, Series, 1990. The Annual Report provides to the bondholders the Engineer's Opinion of the District Facilities in the following areas: · The financial status of the improvements to be done under the Bond. · Observation and assessment of the conditions of the District Facilities. * Determination of whether the District has maintained the District Facilities in good condition and operated them in aP. efficient manner at a reasonable cost. · Follow-up of recommendations from the previous report. · Advice and recommendations as deemed appropriate. 2.2 ORGANIZATION This Annual Report for Fiscal Year 1996 is presented as follows: Section 3 - Existing Facilities: presents a brief discussion of the major components and operation of the existing facilities. 2-1 I Section ,l - Financial Review of Bond Improvements: presents the status of the improvements listed under the Special Assessment Bonds, Series, 1990. Section 5 - Summary and Recommendations: presents a summary of findings and recommendations. 2-2 16G SECTION 3 EXISTING FACILITIES Section 3 EXISTING FACILITIES 1 1 1 3.1 Sewage Collection System The sewage transmission system owned and maintained by the District appears to be well maintained. The sewage transmission system owned and maintained by the District consists of five pump stations (one in the Northwest quadrant and two each in the Southeast and Southwest quadrant) and a pressure force main connecting the pump stations to the wastewater treatment plant. A review of the pump station flows and pressures indicate that there are no constrictions in the force mains and that the force main system is operating as designed. The District owns and maintains all the gravity sewer collection system in the southwest and southeast quadrants with the exception of the gravity system within the south hotel and marina property. The District does not own or maintain any gravity sewer collection system on the northeast quadrant as of this report. The gravity sewer collection system owned by the district has been inspected in the last several years to determine the amount of infiltration and inflow which exists within the confines of this system. There is still evidence of infiltration and inflow into the gravity sewer collection system as there is correlation between the rainfall and increased flows into the plant. The areas of investigation centered around the northeast quadrant collection system which is an older system. Repairs have been made to the sanitary sewer system over the last two years that have reduced the infiltration into the system. The operators continue to monitor and test the system in an effort to further reduce infiltration into the system. 3.2 Water Distribution System The water distribution system owned and maintained by the District appears to be well maintained. The backbone of the water distribution system is complete. The only remaining 3-1 Section 3 EXISTING FACILITIES 3.1 Sewage Collection System The sewage transmission system owned and maintained by the District appears to be well maintained. The sewage transmission ~stem owned and maintained by the District consists of five pump stations (one in the Northwest quadrant and two each in the Southeast and Southwest quadrant) and a pressure force main connecting the pump stations to the wastewater treatment plant. A review of the pump station flows and preasures indicate that there are no constrictions in the force mains and that the force main system is operating as designed. The District owns and maintains all the gravity sewer collection system in the southwest and southeast quadrants with the exception of the gravity system within the south hotel and marina property. The District does not own or maintain any gravity sewer collection system on the northeast quadrant as of this report. The gravity sewer collection system owned by the district has been inspected in the last several years to determine the amount of infiltration and inflow which exists within the confines of this system. There is still evidence of infiltration and inflow into the gravity sewer collection system as there is correlation between the rainfall and increased flows into the plant The areas of investigation centered around the northeast quadrant collection system which is an older system. Repairs have been made to the sanitary sewer system over the last two years that have reduced the infiltration into the system. The operators continue to monitor and test the system in an effort to further reduce infiltration into the system. 3.2 Water Distribution System The water distribution system owned and maintained by the District appears to be well maintained. The backbone of the water distribution sysmn is complete. The only remaining systems to be constructed are those by the developer of the various undeveloped parcels. were no items of concern noted during a rec~nt inspection of the facilities. There The wellfield consists of two wells approximately 1% miles fi.om the plant. During FY 96, preventive maintenance was done on the wells. The main shows no signs of leakage and appears to be well maintained. 3.3 Fire/Irrigation Distribution System A review of the fire/irrigation system owned and operated by the District indicated no problems to date. The SFWMD Water Use Permit No. I1-00372-W expires December 15, 1997. An application must be submitted for renewal. The backbone of the fu'eYirrigation system is complete with the exception of the main to the northeast quadrant. This project has not been scheduled to date. The fire/irrigation main does not extend to the original Port of the Islands, Phase One plat area. Fire/Irrigation water for this area is served via the potable water system and there are no immediate plans to extend the main to this area. 3.4 Drainage System The drainage system at the Port of the Islands has been maintained by the District in an adequate manner. During FY 96, the drainage system did not have any wash out areas. 3.5 Roads The roads within the Port of the Islands that are maintained by the District are in good condition. All roads maintained by the District have either been constructed or overlaid within the last four years with the exception of the roads in the Port of the Islands, Phase One plat area. The roads in this area are in good shape and appear to be well maintained. However, there is concern about the entrance being damaged by the contractor working on the US 41 improvements. This situation is being monitored. 3-2 ii 3.6 Fire/Irr:gation Pump Station Thc fire/irrigation pump station is located on thc northwest quadrant and appears to be maintained in an adequate manner. Thc station is about six years old and ha shown no signs of problems. The automatic self-cleaning strainer at thc pumps requires repair ancb'or maintenance. The pump station is equipped with emergency generator power. A review of thc facilities and records indicate that the system is being maintained in an acceptable manner. 3.7 Water Treatment Facilities The new water treatment plant (WTP) was completed in early 1994 and has been in operation since that time. The WTP consists of a degasifier to remove hydrogen sulfide and. carbon dioxide gases, softening reactor unit where lime is added to remove hardness, a sand filter to remove turbidity, chlorine is added for disinfection, and a 150,000 gallon product water storage tank. The WIT has a FDEP permitted capacity to treat 432,000 gallons per day. The South Florida Water Management District's Water Use Permit No. 11-00271-W allows for the maximum daily allocation not to exceed 450,000 gallons. This permit expires on March 9, 2005. During FY 96, the average flow produced by the water plant ranged from 80,000 glxt to 150,000 gpd. Therefore, the WTP is only operated enough hours each day to produce the mount of water needed at current demands. The water which is produced is stored in the product water storage tank. The stored product water supplies the pumps which feed the potable water system as needed. The facility is manned a minimum of five days per week, six hours per day. During FY 96, thc average hardness level for the raw water was approximately 300 rog/1 and the finished water hardness levels ranged from 80 to 125 mg/1. Thc plant is meeting its operational objective for removal of hardness. During FY 96, a transfer switch was installed at thc WTP to utilize thc 200 KW standby power generator at wastewater treatment plant, thus eliminating operational problems caused by power outages at the water treatment plant. 3-3 3.8 Wastewater Treatment Facilities .1 1 I In November 1993, the construction of the new wastewater treatment plant (WWTP) was substantially complete,:: and operation began. The WWTP was designed to meet the stringent Advanced Wastewater Treatment (AWT) effluent limits imposed by the State of Florida Department of Environmental Protection (FDEP) for disposal to the on-site wetland. The effluent must meet AWT standards of 5 mg/l 5-day carbonaceous biochemical oxygen demand (CBOD~), 5 mgtl total suspended solids (TSS), 3 mg/l total nitrogen, and 1 mg/l total phosphorus. Following treatment, the effluent is disposed to the existing 36-acre on-site natural wetland through overland flow across an approximately 5-acre man made wetland. There is no discharge of water from the wetland into surface waters as the water is either evaporated fi'om the wetland or seeps into the ground underneath the wetland. During renewal of the operation permit for this facility, FDEP requested that a Iow point on the berm which surrounds the wetland be filled to assure no release of water even under an extreme rainfall. The facility is manned a minimum of six hours per day - five days per week, with a weekend visit to ensure proper operation. During periods when the operator is not present, the treated effluent is stored until the operator returns. If the continuous monitoring charts indicate proper operation while the operator was off duty, then the stored water is released to the wetland for disposal. The WWTP is currently rated at a capacity of 200,000 gallons per day (gpd) by the State of Florida Department of Environmental Protection (FDEP). The maximum 3-month average daily flow was 90,000 gpd during FY 1996 or 45 percent of the permitted capacity. With minor modifications, the capacity can be increased to 300,000 gpd to meet future build out flow projections. The W'WTP is currently being operated under an FDEP temporary operating permit. During FY 96, an application was submitted for renewal of the operation permit. During FY 96, the annual average phosphorus level in the effluent was within the permit limits. The monthly average value for phosphorus was 1 mg/l or less for 10 months. During the other 3-4 ! tnonths, April and May, the values were 1.4 mg/l and 1.04 mg/l, respectively. During FY 96, the values for the average effluent CBOD~ have consistently been within the permit limits of 5 mg/1 and ranged fi.om 1.0 mg/l to 2.1 mg/l. The values for the average effluent total suspended solids have been within the permit limits of 5 rog/l, ranging from 0.07 mg/l to 4.2 mg/1. 1 I ! l The only permit parameter for which there has been difficulty in consistently meeting effluent limits has been nitrogen. During the summer of I994, it became apparent that the plant was having difficulty in nitrogen removal. The Port of the Island CID authorized HMA to assist the operations staff with addressing tl'fis problem. The recommendations from FY 94's report were implemented along with the feeding of sugar to the plant influent during periods of low organic loading. The combination of improved dissolved oxygen control and addition of sugar resulted in more complete nitrogen removal. Negotiations with FDEP resulted in issuance of a Temporary Operations Permit with an increased nitrogen limit of 6 mg/1 until February 1996. The WWTP has met the 6 mg/1 limit every month except for January 1996, when the average monthly value was 8.0 mg/1. The average effluent nitrogen concentration has been 3.0 mg/1 or less from March 1996 to September 1996. The table below compares the average annual effluent values for FY 96 to the permit limits and shows the effluent values are within permit limits. Item Average Temporary Design FY 96 Operating Permit Permit Conditions CBOD~ 1.4 mg/1 5 mg/1 5 mwq TSS 1.5 mg/1 5 mwrl 5 mg/l Total N 2.68 mg/1 6 rog/1 3 mg/l Total P 0.49 mg/l I mg/1 1 mg/l 3-5 16G 'l SECTION 4 FINANCIAL REVIEW OF BOND IMPROVEMENTS I I i 1 4.1 Section 4 FINANCIAL REVIEW OF BOND IMPROVEMENTS Financial Review of Capital Projects Funded by the Special Assessment Bonds, Series 1990 A review was made of the procedure for disbursements of funds for capital projects listed in Updated Project Description prepared by Hole, Montes & Associates, Inc., dated December of 1992. The procedures appear to be adhered to by staffand staff.adequately tracks the funds. The budgeted amount of the improvements was listed at $5,321,263.00. The following projects are still to be done: · Delivery System from NE to SE & SW (Fire/Irrigation Main to the NE Quadrant) Darren Mosing of the District reported that approximately $50,000 remains in the fund. It appears that the Bond will be sufficient to complete all projects as listed in the Updated Project Description without a shortfall. 4-1 16G 21 SECTION 5 1 ] ! SUMMARY AND RECOMMENDATIONS ! Section 5 SUMMARY AND RECOMMENDATIONS The facilities owned and maint~ned by the Port of the Island Community Improvement District appear to be well maintained. The existing facilities have been maintained in such a manner as to not reduce the life expectancy of any of the facilities reviewed. The District Staff appears to be well managed and administered by qualified and capable personnel. The staff responsible for maintaining the work has been involved in the construction of the improvements which will aid ~,aff in being able to effectively maintain the various facilities. RECOMMENDATIONS Roads and Drainage~ The Road and Drainage Systems are in good shape. The only road that may need some work in the next few years is the limerock road to the treatment plants. The entrance needs to be inspected at the completion of the work along US 41 to check for potential damage to pavement. No areas of the drainage system appear to need immediate attention. Sewage Collection System_ Investigation of infiltration into the gravity sewer collection system needs to continue. 5-1 i6G Water Treatment Plant I 1 l I o Continue operation of the softening unit to ensure continuous supply of soft water. Upgrade the motor starters at the wells for automatic reset following power outages. The inlet area at the filter backwash pond is eroding and requires erosion protection. Solids Contact Unit is rusting and requires painting. The ladder to the Solids Contact Unit does not meet OSHA requirement. Wastewater Treatment Plant Continue to collect effluent samples at a minimum of once every two weeks and have the outside laboratory analyze the samples for CBODs, TSS, fecal coliform, nitrogen and phosphorus as required by the operating permit. The package plant from the old south WWTP was placed on the new plant site following abandonment of the old plant and sale of the old plant site. The package plant should be rehabilitated to provide a sludge stabilization and thickening system. This will result in a reduction in contract hauling costs. Continue to monitor dissolved oxygen level in the First Anoxic Basin, Nitrification Basins, Second Anoxic Basin, and Reaeration Basin using portable DO meter. If the DO levels need adjusting in the Nitrification or Reaeration Basins, adjust the air control valves accordingly. Continue sampling of effluent from the chlorine contact basin and perform field test for ammonia and nitrate. The ammonia level in the effluent should be less than 1 mg/l and the sum of the nitrate and ammonia should be less than 3 rog/1 in order to meet the required effluent limits. Also, test a sample from the chlorine contact basin for phosphorus using field test kit. The phosphorus in the effluent should be less than I mg/l if the alum feed rate is adequate. Purchase a test kit to measure COD. A CBOD~ to COD ratio can be developed to control the nitrification process. 5-2 l o Continue annual painting program. The north inlet for the recycle pump is leaking al the 90' fitting. This leak should be repaired. Access must be provided to the flow meter on the filter influent line or provide a remote totalizer. 1 I 1 EXHIBIT 16G 2 ~ Average EFFLUENT CBOD~ -.B--Annual Effluent CBOD5 2..5 0o0 I , ! I ! P ! I Md:)f~h/~ear 4.00 1.50 1.00 O.SO 0.00 EFFLUENT TSS Mofffh/Year ~ AvgEff TSS I ---I-- Arv'~a~ AY~'age : ' TOTALPHOSPHORUS ~ Avg Total Phosphc,,-us I ~Annu~ Average 1.40 1.20 1.00 0.80 O.GO 0.40 Q.2Q ! i I i ~1 i I I I i z -a la. Month/Year _J PORT OF THE ISLANDS AWWTP M~ear TOTAL PHOSPHORUS i: AvgTo~al --I-- Annual Average 1.4~ 1.20 1.00 0 0.60 0.4O 0.20 0.0(~ Month/Year .J Avg Eft AvgEff Avg Total Avg Total CBODs TSS Nitrogen Phosphorus Oct-95 1.0 4.20 3.9 0.33 Nov-95 1.1 3.50 3.3 0.34 Dec-g5 1,0 1.30 1.3 0.26 Jan-96 1.9 1.60 8,1 0.42 Feb-96 1.1 1.40 4.7 0.16 Mar-96 1.2 0.07 0.9 0.80 Apr-96 1.6 1.10 1.75 1.40 May-96 1.2 1.20 2.51 1.04 Jun-96 1.5 0.80 0.98 0.24. Jul-96 1.5 0.85 0.98 0.24 Aug-96 2.1 0.85 1,1 0.40 Sep-96 1.9 1.10 2.65 0.25 Average 1.4 1.50 2.68 0.49 AnnRpptFY96chart 3Mo Avg Daily Flow 0.09 0.09 0.07 0.06 0.06 0.07 0.07 0,07 0.06 0.06 0.06 0.06 0.07 % Permitted Capacity 45 45 35 3O 3O 35 35 35 3O 3O 3O 3O · , . , I"ort ol tl'ie lslarlcl$/AYv¥¥ 1 ~ ,-, ,,, r. Avg Eft AvgEff Avg Total CBODs TSS Nitrogen Oct-95 1.0 4.20 3.9 Nov-95 1.1 3.50 3.3 Dec-95 1.0 1.30 1.3 Jan-96 1.9 1.60 8,1 Feb-96 1.1 1.40 4.7 Mar-96 1.2 0.07 0.9 Apr-96 1.6 1.10 1.75 May-96 1.2 1.20 2.51 Jun-96 1.5 0.80 0.98 Jul-g6 1.5 0.85 0.98 Aug-96 2.1 0.85 1.1 Sep-g6 1.9 1.10 2.65 Average 1.4 1.50 2.68 Avg Total 3Mo Avg % Permitted Phosphorus Daily Flow Capacity O.33 0.09 45 0.34 0.09 45 0.26 0.07 35 0.42 0.06 30 0.16 0.06 30 0.80 0.07 35 1.40 0.07 35 1.04 0.07 35 0.24. 0.06 30 O.24 0.06 3O 0.40 0.06 30 0.25 0.06 30 0.49 0.07 34 AnnRpptFY96chart ~LUTION 97-5 A RESOLUTION ADOPTING THE FINAL WATER AND SEWER BUDGET OF THE PORT OF THE ISLANDS COMMTv'N1TY IMI~ROVEMENT DISTRICT FOR FISCAL YEAR 1997-98 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Water and Sewer Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 17th day of July, 1997, at which members 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 SUPERVISORS OF THE PORT OF THE ISLANDS COIVIMLrN-1TY IMPRO~ DISTRICT; 1. The Water and Sewer Budget heretofore submitted to, approved and revised by the Board is hereby adopted as the fi~_~! Water and Sewer Budget of the District for Fiscal Year 1997-98. 2. A verified copy of said final Water and Sewer Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 17th day of July, 1997. Thomas Lf Barnarff-- ' Chairman G~y L.'~Moyer_/ -.~ , ~Secretary Port of the Islands Community Improvement District Proposed Budget Fiscal Year 1997/98 May 15, 1997 TABLE OF CONTENTS General Fund Budget Debt Service Fund Budget Water & Sewer Fund Budget Page 1-9 Page 10 Page 11-19 PORT OF THE ISLANDS COMMUNrI'Y IMPROVEMENT DISTRICT GENERAL FUND Proposed Budget Fiscal Year 1997/98 ADOFTED PROJEC~D TOTAL PROPOSED BUDGET ACTUAL NEXT PROJECTED @ BUDGET F/Y 1996/97 THRU 4/30/97 5 MONTHS 9/30/97 F/Y 1997/98 DESCPJFTION INTEKEST INCOME NtAINT. ASSESSMENTS TOTAL REVENUES $,3,000.00 $2,517.25 Sl,000.00 S3,517.25 S,3,0(X) 5236,228.00 $79,22937 S156,998.43 $2.36,22.8.00 5232,743 $81,746.82 $157,998.43 $239,745.25 S235,743 ] ]EXPENDITURES; Administrative: SU'PERVISORS FEES ATTORNEY ENGIINEERING ACCOUNTING ANNUAL AUDIT RECORDING SECRETARY MANAGER $6,000.00 $2,000.00 512,000.00 52,176.53 S6,000.00 $5,301.76 53,647.00 52,127.44 $4,700.00 $4,700.00 $2215.00 $1,350.44 57,875.00 $4,593.75 $3,00~.00 SS,0C0.00 52,176.53 S4,353.06 $8,000 $7,422.46 $12,724.22 $12,000 $1,51936 $3,647.00 $3,647 50.00 54,7~.00 $4,700 S96436 52,315.00 52,315 $5,~1.~ 57,875.00 $7,$75 50.00 $,'~3.79 S800 50.00 $3,165.12 $3,500 57,;.~ 576.00 5100 $546.42 $1,09Z84 $1,500 $500.00 51,200.00 51,200 $2~7.96 $510.79 $5(X) 5205.26 5499.52 5500 525.00 539.40 $50 565.49 $112.2~' $250 S0.00 5175.00 5175 50.00 S3,500.00 $3,500 50.00 50.00 S503 S56.435.$2 S62,422 COMPUTER TIME 5750.00 $0.00 TRUSTEE $800.00 $733.79 ARBITRAGE REBATE S625.00 $0.00 TAX COLLECTOR $5,300.00 $3,168.12 TI'~VEL & PER DIEM $500.00 50.00 TELEPHONE $100.00 51.00 POSTAGE $1,500.00 $546.42 RENTALS & LEASES S1,200.00 $700.00 INSURANCE $3,845.00 $3,688.50 PRINTING & BINDING $500.00 $212.83 LEGAL ADVERTISING $500.00 $291.56 OTHER CURRZNT CHARGES $50.00 $14.40 OFFICE SUPPLLES $2.50.00 $46.78 DUES, fdCENSES,SUBSC R. 5175.00 $175.00 ASSESSMENT ROLL $3,500.00 $3,500.00 CAPITAL OUTLAY $500.00 50.00 [TOTAL ADMINISTRA~VE 562.632.00 $35,32B.32 521,107.50 Field Operations: __ SALARIES/WAGES $40,000.00 $Z2.601.61 FICA TAXES S3,060.00 $1,733.48 516,144.~1 538,745.62 S40,0CO S1,238.20 52.971.68 S3,060 Pa~e! PORT OF THE ISLANDS ~OMMUNB'Y IMPROVEMENT DISTRICT GEN£1~L FUND Proposed Budget Fiscal Year 1997/95 ADOf'YED 16S 2 I DESCRh"rrlON Bb'DGET F/Y 1996/97 PROJECd 1LD TOTAL PROPOSED lrield Operations Cont'd: HEALTH INSURANCE PENSION W.C. INSURANCE lANDSCAPE MAINTENANCE STREET LIGHTING IRRIGATION WATER RENTAL~ & LEASES MAINTENANCE-ROADS MAINTENANCE-DRAINAGE MOSQUITO CONTROL REPAIRS & MAINTENANCE OPERATING SUPPLIES ACTUAL NEXT PROJECTED @ BUDGET THRU 4/30/97 5 MONTHS 9/30/97 F/Y 1997/98 S2,500 Sl,718.,o9 S751.01 S2,500.00 S2,500 S2,400 S704'.77 51,200.00 S1.904.77 S2.400 S3,056 $Z273.00 SO.O0 S2,273.00 S2,2.76 S7'2.000 S26,030.68 554,882.48 S80.913.16 572,000 S17,928 $7,058.69 S7,058.69 S14,117.38 515,023 $4,928 Sl,892-58 Sl,892.58 __ S3,785.16 $4,363 $1,524 S88&79 $634.85 S1,523.64 S0 S10,000 $534.60 S5,000.00 55,534.60 S10,000 S7,500 SLY25.00 55,>-/5.00 57,500.00 510,000 $5,000 $886.36 $2,500.00 55,.386.36 $5,000 $1,700 $120.70 $500.00 $620.70 51,700 [TOTAL FIELD S176,596.00 $69,116.25 5100,106.82 $169,223.07 $173,32! J TOTAL EXPENDITURES 5239.~_~8.00 $104,444.57 S121,214.31 5225,658.88 5235,743 [N"k-i' INCOME (LOSS) $0.00 ($22,697.75) $36,784.12 $14,086.37 $0 FISCAL FISCAL FISCAL FISCAL DESCRIPTION YEAR 1994/95 YEAR 1995/96 YEAR 1996/97 YEAR 1997/98 NET ASSESSMENT $161,708- $198,383 $236,228 $232.743 ADD: DISCOUNTS & COLL. @ 4% $10,322 $12,663 $9,843 59,698 [cRoss AssESs NT ln.o o s .046 1 ASSESSABLE UNITS 1058 1058 1058 1058 [ASSESSM_~ENTS PER UNtT $162.60 5199.¢8 $232.58 S229a5 Pa~e2 PORT OF THE ISLANDS Community Improvement District C, en~ral Fund Budget Fiscal Year 1997-98 Maintenance Assessm~r~t o° The District will levy a non-ad valorum assessment on all taxable property within the Port of the Islands Community Improvement District in order to pay operating and maintenance expenses incurred during the fiscal year. $232,743 Interest Income .$3,000 During the Fiscal Year the District should have an average balance of $60,000 invested at @ 5%. EXPENDITURES; Supervisor's Fees $6,000 The Florida Statutes, allows each supervisor to be paid $200 per meeting, for the time devoted to District business and board meetings. The amount for the Fiscal Year is based on $ supervisors and 12 monthly meetings. The fees will be split with the Water & Sewer Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amount is based on prior years cost. The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of Supervisors. $8,000 $12,000 Page3 16G 2 PORT OF THE ISLANDS ~ommunity Improvement District General Fund Budget Mana_eement Fees The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc..The fees are as follows: Management Accounting Recording Secretary $7,875/per year S3,647/per year 52,315/per year Annual Audit The District is required to annually have its finarrcial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior years cost. ~omputer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main flame computer owned by Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,000 for the fiscal year irt accordance with the management contract for the same. The computer time charge will be split with the Water & Sewer Fund. Trustee The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the Water & Sewer Fund. Arbitrage Rebate The District has contracted with-Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and w~ be split with the Water & Sewer Fund. Tax Collector The Collier County Tax Collector charges 1.5% for the collection of the District's operating and maintenance assessment. Page 4 513,837 54,700 . SSO0 S800 $67-5 -% PORT OF THE ISLANDS Community. Improvement District General Fund Budget Travel & Per Diem Represents cost incurred by District superviors or employees for travel related expenditures. : Telephone Telephone and fax machine, amount based on prior years cost and will be split with the Water & Sewer Fund. Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior years cost and will be split with the Water & Sewer Fund. The District's administrative offices are located at Coral Springs Improvement District which bills the District $200 per month. This amount will be split with the Water & Sewer Fund. Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage for Governmental Agencies. The following amounts are based on prior years cost: [Description General Fund Waier & Sewer Total General Liability $2,552 $2,552 $5,104 Automobile Liability $851 $851 $1,702 Property $0 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond $282 $282 $564 [Total $3,685 $10,2'41 $14,086] ,P~Bi~ding Printing and binding agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. Page S500 $100 S1,500 $1,200 53,685 $500 PORT OF THE ISLANDS C__ommunity Improvement District General Fund Budget _Le_eal Advertisin_~ Advertising o.f monthly board meetings, public hearings, and any other legal advertising that ma? be required. Qther Current Char_~es Bank charges and any other miscellaneous charges that the District may incur. Any supplies that may need to be purchased during the Fiscal Year; i.e., paper, minute books, file fcrlders, labels, paper clips, etc. Dues. License. Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only anticipated expenditure for this category. The District will be billed annuaUy for administrating of the Series 1990, Special Assessment Bonds and calculating and levying the annual operating & maintenance and debt service assessment. The District may purchase a file cabinet or any other small capital item. · .TOTAL;:ADMINI~-i--RATIVE. "::-" S500 550 S250 S175 SSO0 Page 6 PORT OF THE ISLANDS Community Improvement District General Fund Budget The District c~rrentty has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salaries also includes a part time/overtime pool which is anticipated based on future activity. The following are the projected payroll expense for the fiscal year which wig be split with the Water & Sewer Fund: Salaries S70,000 Part time/Overtime $1.0,000 FICA Taxes @ 7.65% Total $86.120 Health Insurance Health insurance benefits will be pooled with other special purpose taxing districts ~ the state to receive better rates based on a larger group. The amount is based on prior years cost. Pension The District will contribribute 6% of its employees gross wages to a retirement account which will be established by the District. Wgrkers Compensation The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the prior years salaries and will be split with the Water & Sewer Fund; Landscape Maintenance The District currently has a contract with Big Cypress Landscape Company to maintain the District's Right of Ways and Medians. The amount for the fiscal year is based on the following: Annual Amount(S4,069 per month) $48,824 Additional Landscaping ~ Total 75.Z222~ Page 7 543,060 S2,500 52,400 S2,276 572,000 PORT'OF THE ISLANDS _Community Improvement District General Fund Budget The District currently has 4 electric accounts with Lee County, Cooperative for Street Lights located on District Roads. Based on prior years average monthly elec~ic bills t. he amount for the fiscal year is as follows: ~nthly Annual ~_Account Name Account # Amount Amount Newport Drive 9210290573 S250 $3,357 Even.ingstar Cav 9301070500 S380 S4,555 Tamiarni Trail 9201140198 S447. 55,369 Porr'of the Isles 9607220098 $ 31 $ 376 Contingency(%10) $114 $1,366 {Total Amount $1,252 $15,023 Irrieation Water The District is currently being billed for irrigation water for the common areas the District is required to maintain. The amount is based on prior years cost. ]VIaintenance - Roads The District currently maintains on the south side of the District, the main road ~arailel to the airs,tip from the entrance off US 41 to Newport Cay and Newport and Momingstar Cays. On the north side, the main road from the entrance off US 41, around the east end of the hotel to the water plant, and the road from the water plant to the north boundary, of the property. The amount to maintain these roads should not exceed S10,000 du.r~g the fiscal year. Page S15,023 ~4363 S10,000 PORT OF THE ISLANDS Communi .ty Improvement District General Fund Budget Maintenance - Draina_~e Any maintenance on the District's drainage system that may be required. b,Josquito Control The District has recently purchased a mosquito sprayer and will be utilizing District personnel to spray for mosquitos during the fiscal year. The estimated amount for chemicals and other needed supplies should not exceed $10,000. $5,000 S10,000 Repairs & Maintenance Any miscellaneous repairs and maintenance on the District's trucks, street l. igl~ts, and any other item~' that are not covered under the roads and drainage maintenance. Operatin_~ Supplies Any operating supplies that will be required during the fiscal year, i.e. f~el for trucks, uniforms, miscellaneous tools, irrigation and landscape supplies, etc. S5,000 $1,700 $173,321 . J Page 9 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Proposed Debt Service Fund Budget Fiscal Year 1997-98 REVENUES: IN'IZREST INCOME: -Reserve .. -Revenue -Interest -Redemption PKEPAYMEN'rS SPECIAL ASSESSMENTS SLrR.PLUS CARRY FORWARD Actual Projected Total Projected F/Y 1996/97 Thru 4/30/97 Next 5 Month's @ 9/30/97 F/Y 1997/9,5 $35,000 S20,584 SI 5,000 S35,584 $35,000 $1,000 $6,177 $1,000 S7,177 $1,000 S0 $71 50 S71 S0 $0 S285 $0 S285 SO $0 $13,059 $0 S13,059 .$0 $727,700 $223,582 $504,118 $727,700 $671,644 $272,025 $320,905 S0 5320,905 $312,531 [,TOTAL ILEVElx[ S1,035,725 S584,664 S520,118 $1,104,781 $1,020,175 I PREPAYMENTS 50 SI0,000 S10,000 $20,000 $0 INTEREST-Il / 1 S272,025 S271,125 $0 S271,125 $260,325 PRINCIPAL - 5/1 S230,000 $0 $230,000 S230,000 S250,000 L'qTEtLEST - 5/1 $272,025 $0 $271,125 $271,125 S260,325 [TOTAL EXPENSES ~'74,050 $281,125 S511,125 $792,250 $770,650 [NET INCOME 5261,675 5303,539 $8,993 $312,531 $249,525 (1)Net Income will pay the 11/1 Debt Service Payment in the next Fiscal Year prior to receiving assessments. 11/1/95 I1/1/96 I1/1/gZ L'~terest Payment S285,075 S272,025 $261,675 [Total S285,075 $272,025 $261,675 11/1/98 $249~25 $249~25} F/Y 1994/9~; F/Y 1995/96 F/Y 1996/9~ F/Y 1997/9{} INet Special Assessments $721,675 $726,465 S727,700 S671,644 Add: Discounts & Collections @ 6% $46,064 $46,370 $46,449 $42,871 [Gross Special Assessments $767,739 $772,835 S774,148 S714,514 .'Page l0 } (1) I T PORT OF THE ISLANDS COMM~ ~ROVEMENT DtSTRICr WATER & SEWER FUND Proposed Budget Fiscal Year 1997/98 )ESCRIP~ON ADOPTED PROJECTED TOTAL PROPOSED B~'T ACTUAL N~XT PROJECTED · nLrDGET FlY 1996197 THRU 4/30197 5 MONTHS 913011997 F/Y 1997198 STANDBY FEES 5144,000 $62J~-2.36 $87,951.30 5150,773.66 5150,000 WATER REVEN'UE $35,000 528,770.41 S40,278.57 $69,048.98 S7~,0CO SEWER REVEN'UE $73,000 $37,262A? $48,4.31.57 $85,693.74 $86,000 IRRIGATION REVE N'UE $11,000 $4,366.68 $6,113.35 510,480.03 $11,000 ,METER FEE $10,000 S12,650.00 $9,g35.71 S21,685.71 $25,000 CONNECTION FEE ~0 ~3,306.00 50.00 $3,30~.O0 50 OTHXR INCOME $2%345 '$0.00 S0.O0 50.00 ~O TOTAL R~VEN~ { 532~,345 $149,450.61 $192,08330 .%~41,534.11 .~342,500 5UPERVISOKS FEE5 $6,000.00 $2,000.00 $3,000.O0 .~,000.00 ATTORNEY S1~,000.00 $2,176.54 $2,176.54 $4,353.08 $8,000 ENGINEERING $6,000.00 $3264.11 $7,369.75 512,633.86 $8,000 ACCO~G $3,64Z00 $2,127.37 $1,519.63 $3,647.00 $,3,647 ANNUAL AUDIT $4,700.00 $4,700.00 $0.00 $4,700.00 $4,700 RECORDING SECRETARY $2,315.00 $1,3~0.37 $964.63 $2,315.00 $2,315 MANAGER $7,87~.00 $4,593.~ $3281.25 $7,875.00 $7,$7~ TRUSTEE $800.00 5,"33.79 SO.O0 5733.79 58OO UTI'UTY BILLING $3,500.00 52,041.69 $1,45831 53,500.00 $3,500 TRAVEL & PER D~M .%~00.00 50.00 50.00 $0.O0 5500 TELEPHONE $~00.00 St.00 $~3.00 $7~.00 $300 POSTAGE $1,.~X).00 .~04.37 $900.00 $1,404.37 $1,500 INS LrlLKNCE S9,385.00 S9,459.50 $0.00 $9,459.50 S! 0,24! PRINTING & Bh%'DING $I,.,~X}.00 5191.58 $1,000.00 $1,19138 $1,.300 LEGAL ADVERTISING $1,000.00 ~,68.12 5208.26 $676.38 OTHER CLrRRE.'~ CHARGES 5!50.00 5!07.40 5100.00 52O7.40 S150 OFFICE SUP?t_n:$ Sl00.00 5109.53 $1O0.00 5209.53 {TOTAL A DMINISTRATTVE $66,947.00 $36.529.12 $23,678..37 5609,207.49 562.553 Planl~ SAlARIES/WAGES $40,000.00 $22,601.61 $16,144.01 $38,74.5.62 $40,000 FICA TAXES $3,060.00 $1,720.74 $1229.10 S2o949.84 $3,060 HEALTH INSURANCE $2,500.00 (~64.23) 53,064.~ ~..500.00 $2.500 PEN"~ION $2,400.00 $704.77 Sl,200.00 51,904.77 $2.400 W.C INSURANCE $3,056.00 $3,056.00 $0.00 53,056.00 Pa~ 11 PORT OF THE ISLANDS CO~ IMPROVEMIZ'N~ DIS'I'RICT WATER & SEWER FUND Proposed Budget Fiscal Year 1997/98 16G 2 A DOE'FED PROJECTED TOTAL PROPOSED BUDGET ACTUAL NEXT PROJECTED · BT./DG~ DESCRIPTION F/Y 1996/97 'l"r~U 4/30/97 $ MON'T'HS 9/30/1997 F/'Y 1997/gg Plant Cont'd: CONTRACTUAL S38,000.00 $10,699.61 S20,000.00 $30,699.61 538,000 TELEPHONE 53,000.00 S1,939.54 Sl,2~.29 53,324.93 53,5(:0 ~ $89,.;388.00 S26,716.17 S26,7].6.17 S53,432_34 S59.ZZ8 RENTALS & LEASES SI,~24.00 $888.79 $634.85 Sl,523.64 $0 REPAIRS & M. AINTENANCE $15,000.00 S9,946.00 57,104.29 S17,050.29 S15,000 OPERATING SUPPLIES $15,000.00 $19,161.60 $13,686.86 S3Z,848.46 ITOTAL PLANT S258~)8.00 S97,190.60 S91,164.89 S188,.'~..~.49 S276,464 TOTAL EXPENDITURES $325,345,00 S133,719.72 S114,843.26 5'248,562.98 $339,017 ~COM~ (LOSS) S0.00 SI$,730.89 S77,240.2¢ $92,971.13 53,483 P~;.12 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Fiscal Year 1997-98 Standby Fees Undeveloped property is billed monthly for the number of equivalent residential connections of reserved capacity based on the District's adopted rates. The amou_r~t is based on prior years revenue. Water & Sewer Revenue Based on prior years water and waste water consumption and future cormection.s to the system, the District antidpates the following revenues: Water Revenue $70,000 Sewer Revenue $86,000 Irri~ation Revenue $11,000 [ Total $167,000 [ Meter Fee Meter connection charges represent the cost a~d installation of the meter at $250 per 5/8" meter. Eaclx new resident will l'mve both, a potable water meter and an irrigation meter installed. Larger meters would be based on the actual cost of the meter, ptu. s $200. Interest Income The District anticipates earning $500 of interest income during the fiscal year based on prior years revenue. $150,000 5167,000 $25,000 $500 'I TOTAL REVENUE Page 13 PORT. OF ~ ISLANDS Corru'nunt~ Im?rovement District Water & Sewer Fund Budget EXPENDITURES1 Administrative: Supervisor's ~:ees The Florida Statutes allows each. supervisor to be paid S200 per meeting for the ti.me devoted to District business and board meetings. The amount for the Fiscal Year is based on 4 supervisors and 12 monthly meetings. The fees will be split with the General Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amount is based on prior years cost. The District's engineer will be providing general engineering services to the' District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of SupervLsors. Mana_~ement Fees The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc..The fees are as follows: Management Accounting Recording Secretary ST,875/per year $3,647/per year $2,315/per year The District is required to armually have its financial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior years cost. Page 14 $6,000 $8,000 SS,000 513,837 $4,700 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget 16G Computer Time_ S500 The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main frame computer owned by Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,000 for the fiscal year in accordance with the management contract for the same. The computer time charge will be split with the General Fund. Trustee S800 The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the General Fund. i 1 Arbitrage Rebate The District has contracted with Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability, on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and will be split with the General Fund. Utility Billing The District has a 250 account utility billing system which includes calculating, printing and mailing of utility bills, posting and depositing cash receipts, customer service and other related services. Travel & Per Diem Represents cost incurred by District supervisors or employees for travel related expenditures. S625 S3,500 $500 Telephon~ SlO0 i I Telephone and fax mach~e, amount based on prior years cost and will be split with the General Fund. Postage Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other'required correspondence. Amount is based on prior years cost and will be split with the General Fund. S1,500 Rentals The District's administrative offices are located at Coral Springs Improvement District which bills the District 5200 per month. This amount will be split with the General Fund. Page 15 S1,200 PORT OF THE ISLANDS Community. Improvement District Water & Sewer Fund Budget Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance cov.erage for Governmental Agencies. The following amounts are based on prior years cost:. [Description General Fund Water & Sewer Total General Liability $2,552 $Z552 S5,104 Automobile Liability $851 S851 $1,702 Property $0 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond $282 $282 $564 ITotal $3,685 $10,241 $13,9261 PHnting and Binding Printing and binding agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. Legal Advertisirlg Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required. Other Current Charges Bank charges and any other miscellaneous charges that the District may incur. Office Supplies Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. Capital Outlay The District may purchase a file cabinet or any other small capital item. -..-;'c:-: , TOTAL ADMINIST~VE ';-"? Page16 S10,241 Sl~OO Sl,000 $150 S100 $500 S~2,553I PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Plant: The District currently has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage opet'ations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salariesalso includes a part time/6vertime pool which is anticipated based on future activity. The following are the projected payroll expense for the fiscal year which will be split with the General Fund: Salaries $70,000 Part time/overtime $10,000 FICA Taxes @ 7.65% S6.120 Total ~ Health Insurance Health irtsurance benefits will be pooled with other special pm'pose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost. Pension The District will contribute 6% of its employees gross wages to a retirement account which will be established by the District. Workers Compensatiorl The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the following and will be split with the General Fund; S2,500 $2,400 52,276 Contractual Services The District currently has contracts for wetland monitoring, lab testing, well field monitoring, etc. Based on prior years cost, the amount should not exce.ed $38,000. The District currently has a cellular phone for telemetry control of the well fields, a cellular phone for field personnel, telephone and fax machine at the water plant. Page 17 S38,000 $3,500 PORT OF THE ISLANDS Community. Improvement District Water & Sewer Fund Budget Idtilities The District currently has 9 electric accounts with Lee County Cooperative for irrigation, llft stations, water amd waste water plant. Based on prior years average, monthly electric bills the amount for the fiscal year is as follows: Monthly Annual Account Name Account # Amount Amount Eveningstar Cay 9310060411 $9 $108 Newport Drive 9310060409 $9 ' $108 Sewer Plant 9201140207 $90 $1,076 Cays Drive-IS 9308200540 $6 $72 41 & Cay-IS 9304010628 S49 $588 Sewer Plant ' 9201140205 $136 51,632 Water Plant 9201140203 $2,247 $26,966 Water Plant 9307280335 Sl,849 S22,I89 Well Field 9408160294 S92 $1,105 Contingency(10%) S5,384 [Total Amount 559,228 J Repairs & Mainterlance The District will incur numerous repairs and maintenance throughout the fiscal year on the water plant, waste water plant, irrigation system, etc. S59,225 515,000 Page 18 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Operating Supplies The following operati.~g supplies will be purchased during the fiscal year in order to operate the water & waste water system: Chemicals: 510,000 Chlorine will be purchased for the water treatment process and other chemicals on an as needed basis. Supplies Miscellaneous operating supplies for the water, waste water and irrigation, i.e.P.V.C, pipe, tools, uniforms, cleaning supplies, etc. lv~eters: The purchase and irtstallation of water & irrigation meters, Sl0,000 S1LO00 Dues. Licenses. Subscriptions The District's employees will need to renew their water and waste water plant operating licenses. Also, subscriptions to American Water Works Associations, etc. Renewal & Replacement Excess funds will be placed in a renewal and replacement fund for any f'umre replacement of equipment or machinery,. Page 19 _ $35,000 $500 $75,000 $276,464 ] HOLE, MONTES AND ASSOC., INC. CONSULTING ENGINEERS - PLANNERS - LAND SURVEYORS 16G 2 Date: July 15, 1997 To: Port of the Islands Board of Supervisors From: Ronald E. Benson, Jr., Ph.D., P.E. ~5~ Re: Port of the Islands Community Improvement District Annual M~ntenance and Benefit Special Assessments HMA File 90.154 Hole, Montes & Associates, Inc. has reviewed the proposed Annual Maintenance and Benefit Special Assessments. This review was conducted using the information provided from the District Manager's office and the Annual Engineering Report prepared by Hole, Montes & Associates, Inc. We hereby state that to the best of our knowledge and ability all lands within the district that benefit from these assessments are being assessed, and the assessments are apportioned between the benefited lands in proportion to the benefits received by each parcel of land. \~Hma_715~wp\ 1990~90154~RE BkBST0715.doc 16G 2{ Port of the Islands Community Improvement District Genmcfl Fund Balance Sheet ForThe Period Encllng June 30, 1997 ~,ssets: Cash Due from Water & Sewer Investment - State Board T~tal $17,402.21 $69,524.77 S 168.284.75 S200.C10 Due to Debt Sertvice Fund Balance - FY 1996 Current Change In Fund Balance $196,959.58 S58~52.15 16G 2~ p~:~4y Tax ~venue Port of the Islands Community Improvement District Statement of Revee~ms cx'~d Expenses F<x 11~ pe~>d ~ June ~0, 1997 S3,000.~ ~3.13~0.00 S3,182.02 $182.02 I2:36~ $196,,&.~67 $19~.729.67 (Sl .127.0~0 I:~nto~ & Le<~ee Repc~ & ~ ~t~ ~ ~t~ T~ T~al $7,500.00 $7 ~.~ $9,315.96 (S i ,815.96) Net Income (Loeb) 16G Port of the Islands Community Improvement District Balance ~ For Period Endlng June 30, 1997 Assets: Cash Investments ~ $159,9e7.00 Redemption $3.268.00 Amount Available/Debt Serv~e Amount to be Provlded - Long Ten"n Debt ITotal S,501,677.O0 S,5,288,323.00 $862,584.45 $5,790,000.00! BoncLs Payable Fund Balance - FY 1996 Current Change In Fund Balance ITotc~ ua~me~ & Funcl Equity' · Reflect~ 11/1 &5/1Prlnc:tp~ Paymm~ of $2.50~00 $ I.CZ20,~05.34 (S 158,320.89) ~.~2,5&4.45 $5,790,000.0(]I 16G 2 Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Endlng June 30, 1997 Interest Income: Rmelve Revm"~ue Inlere~t Prepayments $22,683.39 S6,216.55 $70.71 $299.00 S592~]60.46 Principal Interest ITotal Expenclilums $7~2,700.00I INet Income ($158,320.89)1 Port of the Islands Community Improvement District Caplt~ Pm~t~ Fund Balance Sheet For The Peflod Ending June 30, 1997 Assets Cash Investment Property & Equ~ne~ ITotal General Fixed Assets $ t $1,6.~,373.00"1 Investment in General Fixed Assets Fund Balance- FY 1996 Current Change In Fund Balance ITota~ u,~_ume, & Fund S62,837.81 ($6,749.58) Sl ~34 ~373.00 $1,634,373.00 2 16G 2 ~ Port of the Islands Community Improvement District Capital i~oject Fund Statement of Revenue & Expenditures For'n"~e Peflod Ending June 30, 1997 Interest Income Construction & Acquisition ITotal Reve~ue~ Improvements Other than Building ITotal INet Ir~ome S2,290.42 S9,040.00 ($6,749.58)I 6 Port of the Islands Community Improvement District Water & Sewer Fund Balance Sheet For The Pe~od Ending June 30, 1997 ~'ot al Assets Cam Accounts Receivable StandbY Accounts Receivable Meters in Field Water & Sewer System Equipment Less: AccurmJl~ed Depreciation $76,1D5.14 $34,451.62 $86,119.39 $10,960.72 $,5 ~326,111.14 $3,5C0.00 (S468,667.48) Due to General Customer Depos~ Pension Payable Contr~x~ted caP,al Contributed Capital - Meter Reserved fo~ Maintenance Fund Bak~ce -FY 1996 Current Change In Fund Balance S69~524.77 $8,773.42 S642.60 S4,468,974.74 $31 ~$31.35 SSX~0.00 S431,608.52 S 52,725.13 · 16G 2i Port of the Islands Community Improvement District Water & Sewer Fund r,~x the P~ ~,~ 30, 1997 Fund ~ Thru 6130197 $246,508.75 $234,90,4.4.4 ($11,6(~.31)j ~6,947.00 I,,~,93 i .50 $4.5,427.77 $8.50.3.73 S,~O,0C:O.O0 S,30~0.00 S~,663.~ ~.~ ~.~ S2.~7.~ (~.~) ~ $1 ~.~ S 1,172 ~ ~7.~ ~.~ S1~75.~ ~1 .~ Sl ~13.~ ~ ~.~ S23~.31 ~10.~ ~_~ ~.~ ~.~ (~.~) ~_~ ~18.~ S~.~ S8~I.~ ~1~ ~1,I ~.~ S 1.142.73 ~.27 ~15~.~ Sl 1 ~.~ S 11 ~93.~ (~.~) SJS~ S15~.~ S23~.49 (~,4~ $ J36,751,54 ~;61,6&5.96 j J $3d'?.St3~.O0 S'"J"~369.C~ $1'82, I 79.31 $ 7 O, i 89.69 o 0 0 v o 2.' O0 0 -, .-, ....= Z ~ ,,.o oo § ..... :. V ~ ~6G 2~ z o 0 o 0 0 0 0 '16G 2~ C~ W .J " .Lbb ~.' o 0 o 0 o o 16G ~J rt 0 o o G,~ 0 · o 0 O0 o o § ~ § ° 16G o 0 o O0 0 0 0 0 o o 0 oO oo §g 0 oo oo 2: ¢4 *"~ 0 0 0 0 0 ,j o oo 16G 2 o o g 2 16G Community Development District 10300 N.W. llth Manor~'Coral Springs, Florida 33071~'Phone: (954) 753-0380'~Fax: (954) 345-1292 September 23, 199'/ Robert Fernandez County Manager c/o Collier County Governmental Center Item~ [(e '~-'~ · 3301 East TAmiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Clerk of the Circuit Court Finance Department do Timothy J. Gillett 2671 Airport Road, Court Plaza HI P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Fernandez and Mr. Gillett: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule and a District map. The District map.was provided to you under separate cover and the Board of Supervisors of the Pelican Marsh Commtmity Development District will hold their meetings for Fiscal Year 1998 in the Executive Dining Room of First Union National Bsnk, 5801 Pelican Bay Boulevard, Naples, Florida at 9:00 A.M. on the third Wednesday of each month as follows: October 15, 1997 November 19, 1997 December 17, 1997 Jan,~mry 21, 1998 Febr~_sry 18, 1998 March 18, 1998 April 15, 1998 May 20, 1998 June 17, 1998 July 15, 1998 August 19, 1998 September 16, 1998 If you have any questions or comments, please contact me. Sincerely, Manager RECEIVED ISEP2 9~37 16G 2 Z 0 0 O01X3fl :~0 ~1'1f10 Gan L. Moyer, EPs. Land Development ~ Management Consultant September 23, 1997 Robert Fernandez County Manager Collier County Governmental Center 3301 East Tamlaml Trail Administrative Bldg, Second Floor Naples, FL 34112 Clerk of the Circuit Court Finance Department c/o Timothy J Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Dorrill and Mr. Gillett: 10300 Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753-0380 RECEIVED I ' 2 1~7 SEP Mkc. Corres: Date.. ~ Oo~ie$ In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a~otice of our public meeting schedule and a District map. Enclosed is a copy of the~Diztrict map and notice is being given that the Board of Supervisors of the ~ M~ Commtmity Development District does not meet on a regular basis but separately publish notice of meetings at least seven days prior to each Board meeting to include the date, time and location of said meetings· Sincerely, · Moyer Manager GLM/nk Enclosure 0 Z 0 0 C~ I -< ITl l"rl 0 '1 I ! X "'1- 0 ~ r- --I -- r- r~ 0 o -~ 0 GUU~ OF MEXICO G rg L: Monier, P.A. 10300 Northtvest Eleventh Manor :~ Coral Springs, Florida 33071 (954) 75343380 September 22, 1997 County of Collier Clerk of the Circuit Court Collier County Courthou.',~ 3301 Tamiami Trail East P.O. Box' 413044 Naples, FL. 33941-3044 Attn: Mr. Derek M..lohns~n Re: Public Facilities Report Key Marco Community Development District Dear Mr. lohnssen: Our office provided the County and City with one copy of the Public Facilities Report for 1997 in accordance with Chaptt~ 189.415, Florida Statutes on February 25, 1997. A copy of the transmittal leitm'~ am enclo.,xt for your reference. Should you have any questions regarding the enclosed, please feel free to contact me. Thank you. Rhonda K. Archer'-" District M~ager's Offi~ RKA/jh enclosures cc: R. Bruce Anderson i i' L. Mo er, P.A. Land Development 0 blanagement Consultant 10300 Northwest Eleventh blanor Coral Springs, Florida 33071 (954) 753-0380 February 25, 1997 Collier County Michael McNees, County Manager 3301 E. Tamiami Trail Naples, FL 34112 Re: Key Marco Community Dc, velopment District Dear Mr. McNees: In accordance with Chapter 189.415, Florida Statutes, enclosed please find one copy of the District's Public Facilities Report for 1997. Should you have any questions regarding thc report or requir~ additional information, please feel free to contact me. Y, Rhonda K. Archer District Manager's Office mOUjh enclosure Gartd I ./Vloger, P.A. [.and Developmem ~ Managemem Consul~m~t F~bruary 25, 1997 City of Naples Tara Norman, City Clerk 735 Eighth Street South Naples, FL 34102 Re: Key Marco Community D~velopm~nt District 10300 Northtuest Eleventh ~lanor Coral Sprin~gs, Florida 33071 (954) 753~380 Dear Ms. Norman: In accordance with Chapter 189.415, Florida Statutes, enclosed please find one copy of the District's Public Facilities Report for 1997. Should you have any questions regarding the report or require additional information, please feel free to contact me. Sincerely, Rhonda K. Archer District Manager's Office P.r jh enclosure :Land ~opment ~ Mana{tement Consultant September 23, 1997 Robert Fernandez Collier County Manager Goveromental Center 3301 Total_stol Trail East Administrative Bldg, Second Floor Naples, Florida 34112 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Fernandez and Mr. Gillett~ 10300 Northwest Ele~nth Manor Coral Springs, Florida 33071 (954) 753-0380 In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule and a District map. Enclosed is a copy of the District map and the Board of Supervisors of the Lely Community,D~opment District will hold their meetings for Fiscal Year 1998 at the East Naples Community Park, Room A, Thomason Drive, Naples, Florida at 1:30 P.M. on the third Wednesday of each month as follows. October 15, 1997 November 19, 1997 December 17, 1997 January 21, 1998 February 18, 1998 March 18, 1998 April 15, 1998 May 20, 1998 June 17, 1998 July 15, 1998 August 19, 1998 September 16, 1998 Da re: ~ If you have any questions, please contact me. Sincerely, Gary L. Meyer Manager DR. COLLIER Dm 0 C:Xl'. (S.~L 04) LL~.Y COuh'Tk'Y CLUB RATTL~'~NAKE HAMMOCK ROAD LELY, ~. R¢-.~O'R'T CO~uUNr'~' Gar9 L. Moger, Rtl. Land Development O Manasement Consultant 2 September 23, 1997 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez County Manager Collier County Goveromental Center 330 ! East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Dear Mr. Gfllett and Mr. Dorrilh 103C~ Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753-0380 Ill RECEIVED SfP 2 9 1997 'ii' ANCE t~,4, isc. Corres: Copies To: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule and a District map. Enclosed is a copy of thee District map and notice is being given that the Board of Supervisors of the H~I~g~ Greens Community Development District does not meet on a regular bazis but will separately publish notice of meetings at least seven days prior to each Board meeting to include the date, time and location of said meetings. If you have any questions, please contact me. Sincerely, Manager GLM/nk Enclosure LOCAT~'D~t MAP FOR DOvE DOVE POiNTE COMMUNITY DEVELOPMENT DISTRICT EXHIBIT '1 POII,,ITE COMMUI',IIT".' D£\,'ELOPMEI, IT DI'~TRIt'..T 6G 2"I Nor& N,,pl~ Fi~.~ Co~ol & ~[~D;~ic~ 1~1 PiNE RI~E ROAD NAPLES, FLORIDA 34109 F~ (941) 597-7082 ~ob~, 1~7 0~ 3 ~ 1997 Mr. Derek Johnss~ General Accounting Manager P. O. Box 413016 Naples, FL 34101-3016 Dear Mr. lohnssen: Please find the enclosed reporta that are required of Independent Special Districts reporting to local governments. I hope you find ~etltthing to be satisfactory. Please let me know [fi can b~ of further assistance. Sincerely, , Administrative Aide Noah Naples Fire Control & Rescue District Misc. C0rres: Date: Iten~It Copies To: Copies lo'. RECEIVED INDEPENDENT AND CEI:~AIN DEPEND~ SPECIAL DISTRICT REQUIFII~3 REPORTING TO LOCAL GOVERNMENT North Naolea Rre Control & Rescue District ACKNOWLEDGEMENT OF RECEIPT Name gf Recxxt Annua~ Finan<:~ Report (~18e.4~8) Audi~ (~189.418) Mana~ Lelter (~189.418) Rebutta~ to M~ Lea~ (~18g.418) Sudg~ (~8e.4~8) Dl~'lct Map (slSg.4~8) Regi~ered ~ and Ager~ Put~ F~a~ ~ Oclol3er 1, 19g7 AnnuaJly N Octcd3er 1, 19~7 Annually N ~ 30, 1997 AnnuaJly N Man~l 1, lgg7 AnnuaJly N E,~3~ember 30, 1997 Annually y ReDortino P~riod FYE 9/.30/96 FYE 9130196 FYE 9/30/96 FY~ 9/30/96 Proposed lg1~7-1998 lg~7-1998 1907-1~8 1997-1996 FYE 9/30/96 Fibd = Y N(X Ftled- N Your re~3cm~ is requested Norih Naples Fire Con~ol & I~,~,~ 1441 PINE RIDGEFaxROAD'NAPLES,(941)(941)597.3222597.7082 FLORIDA 34109 October 3, 1997 Mr. Derek Johnssen General Accounting Manager P. O. Box 413016 Naples, FL 34101-3016 Dear Mr. Johnssen: lIEF: Rebuttal to Management Letter There was no rebuttal to the management letter due to the fact that the department was not written up on anything in' th~ audit. Sincerely, Administrative Aide J.b~ ~ D~s~rlc~ 16t3 · ~:.33~I~'qT: FBB BUDGET ..1997 - xgg8 ZMI~&CT FB~ BUllET F~.~ ~D~ BUDGET F~.~ ~'~OD~ OFFXCXAL BUDGET 1997 - 2998 Board of Fire Commissioners North Naples Fire Control & Rescue District BOARD OF FIRE COMMISSIONERS Ed Maguire, Chairman Steve Milligan, Treasurer Ed Messer, Secretary DISTRICT OFFICERS James W. Tobin, Chief Kenneth W. Rodgers, Assistant Chief NORTH NAPLEB FZRJ CONTROL AND RESCUE DISTRICT TABLE OF CONTENTS Description _~ Summary Page 2 Income Detail Ad Valorem Tax Revenue 4 Interest 4 Inspection Fees 5 Other Income 6 recap of Income ' 6 Expense Detail Staff Salaries and Benefits 7 Commissioners Salaries 7 Recap of Salary Information 9 Compensation and Benefit Costs 10 E~ployee Welfare Benefit Program 11 Sick Time Liability 11 Vacation Comp 11 Administration Employee Physicals " 12 Insurance 13 Office Supplies 13 Office Equipment 16 Subscriptions & Dues 17 Additional Fees 18 Administrative Training 20 Operations Uniforms 21 Protective Gear 22 New Vehicles 22 Building Repair & Maintenance 23 Equipment Repair & Maintenance 27 Station Supplies 28 Telephone 29 Utilities 29 Vehicle Fuel & Oil 30 Vehicle Repair & Maintenance 30 Medical Equipment 30 Fire Equipment 31 Training 32 Fire Prevention Educational Material 33 Public Information Officer 34 Dive Rescue Team 35 i The budget is arranged according to the organizational structure of the dis~ict. Under each division relevant income and expenses are detailed as they correspond to the district ts f~nancial structtlre. ,, Each department provides priorities for budgetary require~ents which are then reviewed and incorporated into the district budge~ according to those specific goals and objectives established by management. ... [.] ................................. [~l Il. I .......~ ...... [ 1 CASH CARRYOVER Income Ad Valorem Tax Revenue Interest Inspection Fees Other Income TOTAL FUNDS AVAILABLE: Expense Staff Salaries & Benefits Employee Salaries Commissioner Salaries Propay Holiday Pay Overtime Special Overtime Beach Patrol Overtime Compensation & Benefit Costs Employee Benefit Program Sick Time Liability Vacation Comp Short/Long Term Disability Total Salaries & Benefit Costs~ A~ministrative Employee Physicals Insurance Office Supplies Office Equipment Subscriptions & Dues Professional and Accounting Appraiser's Fees Special Assessors Fee Tax Collector's Fees Contingency Impact Fee Collection Miscellaneous Administrative Travel Total Administrative Costs~ Operations Uni forms Protective Gear New Vehicles Building Repair & Maintenance Equipment Repair & Maintenance Station Supplies Telephone Utilities Vehicle Fuel & Oil Vehicle Repair & Maintenance $6,547,915.60 90,000.00 80,000.00 24.000.00 $3~428,835.00 18,000.00 76,080.00 80,000.00 120,000.00 10,000.00 25,000.00 1,670,216.00 600,000.00 100,000.00 40,000.00 40,000.00 27,845.00 48,400.00 14,639.00 22,396.00 6,880.00 55,000.00 65,661.00 4,000.00 134,262.00 50,000.00 14,250.00 25,000.00 8,706.00 25,879.00 10,000.00 20,000.00 33,245.00 10,458.00 18,406.00 33,000.00 43,000.00 32,450.00 132,450.00 $ 525.000.06 +S6~741~915.0Q $7,266,g15,00 $6,208,131.00 $ 477,039.00 2 Medical. F4uipment Fire E~uipment Training Fire Prevention Ed. Material Public Information Officer Dive Rescue Team ~'o~l operations costs~ Less Total Expenses: to Capital Improvement Fund 13,700.00 10,000.00 68,971.00 21,561.00 21,600.00 22,688.00: S 517~408.00 $7,202s57~.00 64,337.00 3 ~,~ *** CASH .CARRY OVER- - This amount represents one month of funding of ~i~' operational expenditures due to the timing of Ii' taxes fo~ the new ~ receipt of the ad valorem year. Gross Taxable Value of INCOME DETAIL 6,892,542,119 x 6,547,915,013 X .001 PROJECTED AD VALOREM REVENUE~ : To estimate interest for the budget year 1997-1998 an ~f the previous four years was used. 1993/1994 1994/1995 1995/1996 1996/1997 Interest Incom9 49,037.00 96,010.00 111,260.00 354,778.00 /4 = 88,695.00 TOTAL ESTIMATED INTEREBT~ $ 6s$47s915. average of 90,000.00 4 Inspection Fees represent funds received from the review and on site inspection of construction of new commercial buildings and new residential buildings in excess of three %mits. (Existing buildings which are inspected annually are not charged a fee for inspection. ) Inspection fees are based upon the n~mber of square feet bui'~t and is dependent upon growth of commercial and multi-unit residential construction In estimating income from inspection fees, there is difficulty forecasting the growth of co~mercial and multi unit residential development because of the fluctuation' in this type of building. Historical data wa~ used showing income from inspection fees for the previous four year period. Year 1993-94 1994-95 1995-96 1996-97 11 MOS. PROJECTED INSPECTION FEE INCOMEI Inspection Fee Income '" $ 78,116. $ 73,871. $ 93,218. $347,953. / 4 = $ 86,988.00 $ 80,000.00 5 _OT~ER INCOM~ Other general fund income is made up of various sources including but not limited to the following: Burn Permit Fees Alarm Malfunctions Fire Works permits Hydrant Flow testing fees Sale of Security Key Boxes The Sale of Capital Equipment data was also used to make approximations of income from the sources referenced, and others. The amount used is a moderate estimate of the 5 year average calculated. Because it's difficult to predict or anticipate the likelihood of conditions resulting in an assessment of the above fees, it is equally hard to project income from such and other sources. To this end, historical $ 24,000.00 1 1992-93 16,605. 2 1993-94 21,755. 3 1994-95 27~241. 4 1995-96 25,326. 5 1996-97 YTD 11 MOS. 32,845. $123,772. / 5" 24,754.00 INCOME RECAP CASH CARRYOVER AD VALOREM TAX REVENUE: ~'__it 'TOTAL ESTIMATED INTEREST: ~'~mROJECTED INSPECTION FEE INCOME: ESTIMATED OTHER INCOME: TOTAL ~UND8 AVAIL~tBLE FOR ~997-1998: 525,000.00 6,547,915.00 90,000.00 80,000.00 24~000.OQ 7,266,915.00 BTAFF BALARZE8 AND BENEFITS 66 Existing Shift Personnel= Expect to Hire 3 New Fire Fighters= 1 Chief, i Alsllt&nt Chief, i Administrative Aide, ! Bookkeeper I RlclptlOnllt I Public Information Officer FAre Prevention: I Fire Marshal, 6 FAre Inspectors ! Fire Prevention Secretary Training= I Training Officer, 1 Asst. Officer Training $ 2,691,326.00 737.S09.~ TOTAL SALARIES: $ 3,428,835.00 All Salaries have been increased by a 3% cost of LAving Adjustment. I~cluded are anniversar~ £ucreases which are contractual and have already been established in negotiations, BOARD OF COMMISSIONERS SALARIES ~osttto~ Honthly Pay Chairman $ 500.00 $ 6,000.00 Treasurer $ 500.00 $ 6,000.00 Secretary $ SO0.O0 ~ Total Board of Fire Com~tssioner Salaries= $18,000.00 7 PROPAY Propay is additional compensation to those employees who maintain the qualific&tion to perform additional emergency related responsibilities, and includes the following categories establishing the area of expertise and the additional remuneration provided per pay period therefore. EMT: Qualified as Emergency Medical Technician $ 40.00 MSA= Member of Mine Safety Association in $ 20.00 MAKO~ Mako Air Equipment Repair Technician $ 20.00 AS DEGREE~ Holds Associate in Science Degree in FAre Science $ 50.00 Currently 69 paid fire fighters also hold at least one of these qualifications. current projected cost of propay c~peneation annually is $ 76,080.00 $ 76,080.00 $ 76,080.00 Existing Personnel~ TOTAL PROPATs The Personnels TOTAL HOLIDAY PAYs EMPLOFEE HOLIDAY PAY $' 80,000.00 8 $ 80,000.00 OVERTIN~ D~tTAIL Overtime is paid to meet minimum manning shift requ£re~ents and when qualified replac~nt personnel are required in supervisory positions. For FY 1995/96 The department spent $116,859,84 in overtLme. For the first nine months of 1996/97, the department spent $?2,863.49 or $?.0?% of the overtime budget. Fac=ored out, l= ks estimated that the department will spend $120,000.00. Therefore, the department w£11 budget $120,000.00 for overtime for 1997/98. TOTAL OV~t~I'M~ FOR BUDGETI $120,000.00 SPECIAL OVERTIME This will be used to pay overtime to enable personnel to go to school and the will be able to call personnel in to 'cover their shift. TOTAL SPECIAL OVERTIME FOR BUDGETs $ 10,000.00 BEAC~ PATROL OVERTIKE This will be used on those occasions when shifts drop below minimum manning and it is necessary to bring in someone on overt~ and paid at time and a half. TOTAL BEAC~ PATROL OVEItTZME FOR BUDGETs $ 25,000.00 BASE SALARIESs COMMISSIONERS SALARIES~ PROPAY~ HOLIDAY~ OVERTIHEs SF£CIAL OVERTIKE~ BEACH PATROL OV~RTIHE~ TOTAL SALARZIS & OVERTZME~ $ 3,428,835.00 18,000.00 76,080.00 80,000.00 120,000.00 10,000.00 .. 25,000.00 $ 3,757,915.00 COMPENSATION AND BENEFIT COSTS SOCIAL SECURITY - EMPLOYER'S TAX PORTION 1997-1998 Compensation including Salaries, Comm£slionerl Salaries, Overtime, Special Overtime, Beach Patrol Overtime, Prepay, & Holiday: Social Security Tax Rate: EMPLOYERS PORTION SOCIAL SECURITY TAX! $ 3,757,915.00 1997-1998 Compensation including Salaries, Commissioners Salaries, Ove~cime, Special Overtime, Beach Patrol Overtime, Prepay, & Holiday~ Fla Retirement System Comp Rate TOTAL RETIREKENT PLAN PREMIUM: 1997-1998 ~n~a~lon includin~ Beach Patrol ~ert~, Prepay & Holiday: Does Not Include C~lssioners Salaries Est~ated Workers C~pe~sa~lon Rato~ 10 7.65% 287,480.50 3,757,915.00 X 27. $ 1,033,426.;3 3,739,915.00 X _.. 9.34% $ 349,308.06 The coat o~ insurance was a ma~o~ concern the D£atrict addressed. 1997 YTD 9 NO~. $486,333.11 The total eatA-ated praalum £or ~97/199~ La $~00,000.00. SAck Time Liability Vacation Comp Short/Lo. qg Term Disability $100,000.00 40,000.00 40,O00.OQ $180,000.00 REPATXTXS B TESTING Every Year HEPATXTXS B VACCXI~g. (Ser£ee - 3) As Needed HEMOCCULTS X3 40-50 Every other year (10/2 yrs) Over 50 Every Year EKG Under 40 Every 3 years (42/3 yrs) 40-50 Every other year (10/2 yrs) Over 50 Every Year XRAY Smokers Every Year TB Pos Every Year 30-50 Every 3 years (44/ 3 y=s) Over 50 Every Year Hi Risk PT As needed Total = 85 81 21 5 5 14 6 5 ],5 11 $ 186.00 $ 15,810.00 $ 45.00 3,645.00 $ 189.00 3,969.00 S 12.00 .' 42.00 $ 89.00 60.00 60.O0 588.00 210.00 210.00 534.00 445.00 1,335.00 27,845.00 TOTAL Er~X~kX~D COST OF pHYSXCALSz $ 27,845.00 12 Errors and Omissions Vehicle Insurance Building Accident and Sickness Special Risk (Death Benefit) S 3,600.00 $17,800.00 $20,000.00 S 6,600.00 . TOTAL INSURANCE~ $ 48,400.00 OFFICE SUPPLIES, Item ~rice ~ AVO Pads $ 1.39 30 A-Z Dividers 4.27 Backup Tapes 25.00 20 Binders 3 Ring 1" 3.46 8 Binders 3 Ring 2" 5.95 8 Binders 3 Ring 3' 7.95 8 Binders Legal 2.75 4 Boxes Storage 5.10 10 Cassette Tapes Audio 3.00 48 Chalk .60 Checks 100.00 4 Clip Boards 3.50 24 Column Analysis Pads 3.00 5 Columnar.Pads 5.80 6 Desk Calendars 2.10 12 Desk Cleaner 2.82 2 Desk Organizer 4.90 Disks 16.00 10 Dividers, Index 4.95 10 Envelopes Window 40.00 5 Envelopes Manila 6 % x 9 ½ .14 50 Envelopes Manila 9 ½ x 12 ½ .16 100 Envelopes Manila 10 x 13 .15. 25 Erasera Chalk Board 2.00 Erasers Dry 6.50 Erasers .37 Erasers Clic .91 Erasers Refills for Cli¢ .78 File FoXders 6.53 15 Files, Hanging 9.10 2 Labels, Address 11.93 I 3 2 4 5 12 3 7 2 1 10 2 100 100 25 50 2 2 16 1 1 10 $ 45.87 8.54 500.00 62.28 47.60 63.60 11.00 76.50 180.00 6.00 400.00 94.50 15.00 34.80 39.90 11.28 4.90 320.00 59.40 200.00 21.00 32.00 7.50 4.00 13.00 18.50 1.82 1.56 202.43 27.30 23.86 13 Labell, Computer 28.40 Labell, Mailing 4.70 Labell, File Folder 3.03 Markerl Hi Lightlrl .79 Markerl, Sharpie .59 Millage Book, Tell 8.33 Milcellaneous paper Adding Machine .68 Paper Clips L (1000) 7.98 paper Clips S (1000) 5.04 paper Computer 16.82 paper Copy Lgl 59.99 Paper Copy Ltr 33.00 Paper, Fax 6.00 paper Lined Tablete (dozen) 8.31 Parcel Poit Labels 3.93 Pencils 1.38 Pencil'Lead .66 Pencils Colored 15.97 Pencil Refills .80 Pens, Blue/Black/Red 8.23 Pens, Bic Metal Point Pens 11.64 Precise Pens 12.48 Papermate Flex-grip pens 11.76 Pen Refills Papermate 1.08 Pen Refills Parker 1.75 Pen Refills Cross 1.61 Postage Machine Rental & Postage Postage Registered 2.21 Printing Letterhead (per 1000) 42.00 Envelopes (per 1000) 58.00 Business Cards (per 1000) 31.00 F/P Work Order Forml 161.00 F/P C/O Forms (1000) 208.00 F/P Burn Permits (500) 140.00 F/P Special Projects 300.00 F/P FAre Alarm Out of Service 104.00 F/P Notice of Violation 224.00 Notes, Post It (Pkg)2" x 3" 6.88 Notes, Post It 3" x 3" 9.40 Printer Cartridges 99.00 Fax, Polt It 6.63 Receipt Books 3.28 Report Folders (Box) 8.92 Reinforcements 1.50 Ribbons Calculator 3.25 Ribbons Printers 10.95 Ribbons Typewriter 8.00 Ribbon Correcting 19.20 Rolodex 13.47 Rolodex A-Z Guide 3.43 Rolodex Cards .90 Rubber Bands 3.49 Rubber Cement 1.11 1 5 5 36 36 3 14 1 6 22 2 24 24 8 2 15 38 10 3 3 4 5 5 2 3 3 2 4 60 12 1 2 14 1 10 8 12 12 '2 6 4 2 6 1 4 40 3 6 2 3 1 4 1 1 1 1 5 2 1 1 1 1 2 56.80 70.50 39.39 37.92 28.32 41.65 2,000.00 10.20 23.94 60.48 437.32 119.98 990.00 144.00 116.34 23.58 2.76 4.62 15.97 12.00 345.66 11 64 12 48 11 76 7 56 10 5O 11 27 2,465.00 ]10.50 252.00 522.00 186.00 161.00 208.00 140.00 300.00 104.00 224.00 55.04 56.40 594.00 26.52 9.84 8.92 4.50 16.25 657.00 136.00 57.60 13.47 3.43 .90 10.47 2.22 12' ~ulerm .75 scimmotm 3.05 sh.et protectors 8.79 station Logs 32.00 St&ple= 13.97 Staple Pull .69 Staplee Lg 10.95 St&plem Reg 2.23 Tape, ~ift off' 13.44 Tape, Scotch 1.99 Tape, p&¢king 3.01 Ton.r, Copy Machine 100.00 Tra~sparenciem 19.50 UPS D,livery .Char~em ~ite ~t 5.00 Total= 2 6 12 1 3 20 3 3 4 1 1 5 1 4 1 2.25 3.05 37.80 384.00 13.97 .69 10.95 10.00 13.44 49.75 12.04 400.00 7~.00 70.00 $14,639.30 TOTAL AMOUNT BUDGETED FOR OFFICE SUPPLIES: SI&,&39.00 15 Meeting Rmcording System Administrative Aide - New Transcriber Bookkeeper - Calculator Total Fire Prevention I Keyboard Lease Copier Fire Prevention Total Stations 42 and 43 25 Toner cartridges @ 120.00 Total Present Equi_~ment Maintenance Maintenance Agreement on 2 Typewriters Maintenance Agreement on Copy Machine Maintenance on Fax Machine Total New E~ui~ent Maintenance Maintenance on New Computer System Total 1,200.00 200.00 125.00 50.00 3,621.00 3,000.00 $ 450.00 $ 1,600.00 150.00 $12,000.00 1,525.00 3,671.00 3,000.00 2,200.00 12,000.00 TOTAL OFFICE EQUIPMENT $22,396.00 16 SUBSCrIPTiONS ~ DUE~: Organization COLLIER CO FIRE CHIEFS 2 FACAP 2 FD SAFETY OFFICER 1 FLA FIRE CHIEFS 2 FLA FIRE MARSHAL 1 IAA! (Iht'l) i IAAi (State) 1 IAFC 4 ISFSI (Iht'l) 3 ISFSI (State) 2 NFPA 1 ROTARY 1 FLA FIRE SPRINKLER ASSOC. 1 COLLIER COUNTY FIR~ MARSHAL 1 STATE FIRE MARSHAL 1 FIRE HOUSE 1 ASSOC OF SPECIAL DISTRICTS $6,547,915. x $.0005 = DEPT OF COMMUNITY AFFAIRS FIRE SERVICE STEERING COMMITTEE FIRE CHIEF MAGAZINE FIRE ENGINEERING MAGAZINE NAPLES DAILY NEWS $210.00 X 4 RL POLK City Directory SAMS W~OLESALE CLUB COMMUNICATION CHANNELS FLA LEGISLATURE STATUTES SOUTHERN BUILDING CODE NFPA Codes Stations Amount 25.00 40.00 60.00 75.00 15.00 80.OO 15.00 90.00 60.00 10.00 100.00 75.00 20.00 10.00 10.00 28.00 Total $ 50.00 40.00 60.00 150.00 15.00 80.00 15.00 360.00 180.00 20.00 100.00 75.00 20.00 10.00 10.00 28.00 3,274.00 175.00 600.00 104.00 34.00 840.00 96.00 200.00 78.00 116.00 50.00 100.00 TOTAL: $6,880.00 TOTAL DUES & SUBSCRIPTIONS~ $ 6,880.00 17 $¢5,000.00 Fees for accounting assistance and required auditing $10,000.00 ADDITIONAL FEES COLLIER COUNTY kSSESSOR'S FEES: Opera~ing Fund: Al advised by Property Appraiser: TOTAL ASSESSOR'S FEES: 65,661.30 SPECIAL' ASSESSOR'S FEE FOR STATION 44 This is an assessor fee charged by Collier County for the maintenance of station 44. TOTAL SPECIAL ASSESSOR'S FEE 4,000.00 COLLIER ~OU'NTY TAX COTJ.~CTOR FEES: Estimated Tax Revenue: $ 6,547,915.00 1St $50,000.00 Bal @ 2.00% Postage TOTAL TAX COLLECTOR'S FEES: + 1% $ 1,500.00 129,958.00 $132,933.00 1,329.33 $13&,262,00 18 16G 2 Provision for items not budgeted, but which may become an expenditure, depending upon certain clrcumltances or other conditions. Elti~at~: $ 50,000.00 IMI:)XCT ~ COT.T.~t_'~IO~~ '" Fees paid for the collection and distribution of impact feel on new construction in the district. EIti~ated: 14,250.00 MISCELLANEOUS: Items not otherwise categorized: 25,000.00 19 Adm£nlltrative Training consists of tuition, lodging, me&II, and travel. FIRE/R~SCUE - EAST '97 2 ATTENDING INTERI(ATI~ FIRE CHIEFS I ATTENDING FLORIDA FIRE CHIEFS ANNUAL 1 GOVERRORE HURRICANE CONFERENCE 1 FL. ASSOC. SPECIAL DISTRICTS 4 MISC. M~T I NG S IAAI FL. SEMINAR 1 INNOVATION '98 1 CON~UNITY AFFAIRS MEETING 1 H&z Mat Training Luncheons TOTAL ADMINISTRATIVE TRAININO 650.00 $ 1,358.00 650.00 450.00 960.00 1,500.00 610.00 300.00 728.00 1,000.00 500.00 $ 8,706.00 20 ITEM ORDER · Pints 84200 Pints 34200 Dress Shirts 3202 or Jumpsuits CP40NV P. E. Shirts P. E. Shorts Caps Belts 5532 Safety Footwear Ties Windbreaker Replacement Uniforms OPEP. ATION~ 12001 PRICE EACH 22.00 28.00 28.00 40.00 9.00 9.00 7.00 26.00 160.00 4.00 25.00 OUANTITy 190 10 246 70 166 85 190 3O 25 28 50 T~AL COST _ 4,180.00 280.00 6,888.00 2,800.00 1,494.00 765.00 1,330.00 780.00 4,000.00 112.00 1,250.00 2,000.00 TOTAL UNIFORMS $25,879.00 21 16G 2 CURRENT - OPERATIONS REPLACEMENT DOE TO AGE/DAMAGE Coats 6 sets $500.00 Pants 6 sets 3400.00 Hoods 24 $ 22.00 Gloves 24 pair $ 28.00 Boots 15 pair $120.00 Helmets 6 pair $200.00 Repairs $3,000.00 2,400.00 528.00 672.00 1,800.00 1,200.00 400.00 TOTAL PROTECTIVE GEAR $10,000.00 i Vehicle - Training S20,000.00 /X~TAL NEW VEHICLES $20,000.00 22 BU~DI~ NAII~r~[A~CE & P. EPAIR STATION 40 OUTSIDE BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside Grill Repairs & 24% Replacement Cost outside Furniture Garden Tools & Misc. Equipment Sewer Lift Station Bi-Annual Service Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs 600.00 500.00 160.00 75.00 125.00 NA 75.00 200.00 100.00 300.00 SUB-TOTAL $2,135.00 INDOOR BUILDING F~INTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equipment, Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Service Gas Pump Service Pest Control 150.00 350.00 125.00 450.00 100.00 225.00 aO0.O0 250.00 2,500.00 300.00 250.00 150.00 250.00 SUB-TOTAL TOTAL STATION 40 $5,500.00 $7,635.00 23 OUTSXD~ BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside Grill Repairs & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equipment Sewer Lift Station Bi-annual Service Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs 800.00 400.00 200.00 100.00 125.00 400.00 50.00 60.00 250.00 300.00 INDOOR BUILDING MAINTENANCE Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Repair Gas Pump Service Pest Control Ice Machine $2,685.00 350.00 200.00 300.00 100.00 125.00 400.00 225.00 1,200.00 250.00 250.00 50.O0 250.00 1,500.00 SUB-TOTAL ~X)TAL $5,200.00 $7,885.00 24 16G 2 OUTSIDE BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House outside Grill Repairs & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equipment Sewer Lift Station Bi-annual Service Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs Inotall New Well and Sprinkler Pump 850.00 500.00. 100.00 75.00 125.00 NA 50.00 NA 175.00 300.00 3,500.00 SUB-TOTAL $5,675.00 INDOOR BUILDING MAINTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Repair Gas Pump Service Pest Control SUB-TOTAL 150.00 350.00 200.00 250.00 100.00 75.00 400.00 250.00 1,200.00 3S0.00 125.00 50.00 250.00 S3.750.0Q TOTAL S9,425.00 25 OUTSIDE BUILDING MAINTENARCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside Grill Repairs & 24% Repl&cmment Cost Outside Furniture Garden Tools & Misc. Equipment Sewer Lift Station Bi-annual service Replacement Plants & Annual flowers Lawn Mower & Poser Tool Repairs SUB-TOTAL INDOOR BUILDING MAINTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Mood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Repairs Gas Pump. Service Pest Control SUB-TOTAL 500.00 900.00 75.00 50.00 125.00 NA NA NA 100.00 150.00 $1,900.00 150.00 350.00 200.00 250.00 100.00 200.00 40O.O0 250.00 3,500.00 350.00 350.00 50.00 250.00 $6,400.00 TOTAL $8,300.00 STATION 40 STATION 42 STATION 43 STATION 44 7,635.00 7,885.00 9,425.00 8,300.00 TOTAL BUILDING REPAIR & MAINx~ANCE $33,245.00 26 Filters, Oil, Air Quality Test & Minor Repair N_ozzle Repair Proq_ram pART 241-950 @ 319.79 B-100-A 4000-10 5-58875 @ 3.12 8-57387 @ 1.09 7-57330 @ 1.09 75-57298@ . 61 75-57348@ .61 1-63380 @ 8.57 5-33655 @18.61 1-62044 @38.16 4-16892 @91.77 20-52143@ 2.52 2-66313 @ 90.77 9-17304 @ 31.27 2-80902 @ 35.00 1-80657 @ 47.90 5-52145 @ 2.52 1-63392 @ 6.11 3-16886 @ 65.55 5-52146 @ 2.52 3-16794 @ 78.67 4-33642 @ 26.02 1-33639 @ 29.33 9-15076 @ 20.65 4-80650 @ 35.00 5-52135 @ 2.52 2-16965 @ 65.55 1-33638 @ 20.59 1-80636 @ 35.00 1-57618 @ 15.75 7-9151 @ 32.30 DESCRIPTION Spare Foam Eductor Spare 2 ½ to 11/2 Gated Wye Fire Chief 1 ½ Nozzle Spinning Teeth O-Rings O-Rings Actuator Shaft O-Rings Handle Pivot Screw O-Rings Stem Base SM30 Bumper SM 30 Stem SM30 Nozzle Body SM30 Indicator Plate SM30 Nozzle Tip SM30 Shutoff Balls SM20 Rebuild Kits SM30 Stem DSM30 Indicator Plate SM20 Stem Base SM20 Nozzle Body SM20 Indicator Plate SM20 Body SM20 Bumpers 4000-20 Bumper SMIO Shutoff Balls SMIO Kits SMiO Indicator Plate SMiO Shutoff Body 4000-10 Bumper 4000-10 Rebuild Kits Retaining Ring Akron Rebuild Kits Parts Total NORMAL REPAIR & MAINTENANCR Normal repairs & maintenance on radio, valves, hand tools power tools. · OTAL EQUIPMENT REPAIR & MAINTENANCE: 2,000.00 PRICE 319.79 179.00 322.16 15.60 8.72 7.53 45.75 45.75 8.57 93.05 38.16 367.08 50.40 181.54 281.43 70.00 47.90 12.60 6.11 196.65 12.60 236.01 104.08 29.33 185.85 140.00 23.60 131.11 20.59 35.00 15.75 226.10 S 5. 000. O0 $10,457.91 27 BASIC SUPPLIES - STATIONS 40,42, 43, 44 General Station Cleaning Supplies, Maintenance Supplies, Lawn Maintenance Supplies CLEANING EOUIPM~NT 4 Broom Handles 4 Broom Heade 1 Mop bucket and wringer 2 Sponge mops 4 window scrubber 1 Floor scrubbing pad 60.00 40.00 69.00 30.00 8,00 8.00 55.00 TOTAL CLEANING EQUIPMENT LINEN SERVICE Four Station $250.00 Monthly TOTAL MISCELL;tNEOUS TOTAL STATION SUPPLIES~ $14,635.51 270.00 3,000.00 500.00 $18,405.S1 28 16G 2 Actual Cost, All Stat£ons~ 1997/1998 YTD 9 MOS. 24,148.00/09 Total= 32,197.00 Average Coat Ail Stat£ons~ $ 33,000.00 TOTAL ESTIMATE OF TELEPHONE SERVICEz $ 33,00C.00 Actual Cost, Ail Stations= 1997/1998 YTD 11 MOS. 39,121.24/11 X 12 Total 42,678.00 Average Cost Ail Stations: 43,000.00 TOTAL PROPOSED UTILITIES COSTz $43,000.00 29 FUEL & OIL 5 Engines i Aerial 2 Brush Trucks 13 Staff & Support 1 Antique $32,450.00 Anticipate both call load and cost of fuel to increase. TOTAL VEHICLE FUEL & OIL $32,450.00 MAINTENANCE & P.~PAIR EAST NAPLES CONTRACT $6,002.50 PER MONTH $5,035.00 PER MONTH $72,030.00 60,420.00 TOTAL VEHICLE MAINTENANCE & REPAIR $132,450.00 M~DICAL EOUIPM~NT Medical Gloves Sharps Waste Containers Medical supply & equipment replacement 02 bottles refill and service from 1AP 6 per week X 52 weeks-312 bottles @ 9.00 ea. Laerdal service contract on ~eart Start: S395.00 x 5 machines $ 75.00 x 5 machines Factory maintenance $4,200.00 350.00 3,000.00 3,800.00 1,975.00 375.00 TOTAL KEDICAL EQUIPMENT $13,700.00 30 . 16G 2. power tools, salvage covers, etc. 5,234.00 4,766.00 TOTAL $10,000.00 31 Training programs include the following: ROPE TEAM EXTRICATION pHYSICAL FITNESS DiV~/WATER RESCUE OFFICER PROFESSIONAL DEVELOPMENT summary of Ongoing Programs Technical/Rope Rescue Extrication Physical Fitness officer Professional DeVelopment Dive/Water Rescue TOTAL PROGRAMS Summary of Training Aides & Equipment Audio Visual Equipment Manuals & Books TOTAL TRAINING AIDES Summary of Outside Training Prevention Operations Training Un-Announced TOTAL OUTSIDE TRAINING EAP PROGRAM TOTAL TKAINING~ 2,050.00 4,450.00 2,915.00 2,120.00 3,000.00 3,600.00 4,220.00 1,390.00 2,889.00 2,192.00 27,120.00 4,625.00 3,600.00 $68,971.00 32 _F~IHI[ ,REVENTION EDUCATIONAL MATERIAL: __~ Item Description 8000 Fire Helmets S000 Pluggie Badges 3000 Muster Mouse Coloring Books 1000 Fire extinguisher pamphlets (100} 15 9 Volt 3arteries 4 8 Pack ~AA' 25 4 Pack Batteries 4 4 Pack 'AAA" 80 Packs of 35 mm Film 80 Film Developing North Naples Poster Contest 4000 Firefighter badges 100 Class Pack FPS handout material for Schools-Inc. For Pel. Marsh Elementary 3 Flashlights 3000 Safety Books from Burn Center Magic Supplies Pluggie Repair 1 set 8 ½ x 11 software 13 volumes 1997 NFPA 290 Codes 4 NFPA 101 Life Safety Code and Handbook set 2 Standard Building Code 1998 & Handbook set New carpet for fire prevention 5000 Flexible Magnets - Houae w/ Safety Message 5000 Heart Shaped Key Tags 5000 Bumper Stickers $ 4,000.00 900.00 1,090.00 190.00 55.50 19.32 92.50 18.56 560.00 960.00 100.00 400.00 4,800.00 45.00 750.00 350.00 350.00 710.00 400.00 160.00 1,610.00 1,300.00 1,800.00 900.00 TOTAL FIRE PREVENTION EDUCATIONAL MATERIAL: $21,561.00 33 16G 2 INFORMATION OFFICER ~NTITY: Quarterly newsletter 4-Color Brochure gate fold-10 photos Monthly mileage (Personal Vehicle) Supplies Seminars (includes travel, lodging food, etc.) Miscellaneous OUANTITY 10,000 2,000 $75.00 Per Mos. QOST 4,200.00 3,500.00 900.00 500.00 2,500.00 10.000.00 TOTAL BUDGET FOR PUBLIC INFORMATION OFFICER $21,600.00 34 Mustang PFD 6 Water Rescue Gloves 6 PFD Lights 6 Underwater Strobes 6 Pelican Gun Light 4 Dive Marker Buoys 4 Search Line Buoy 6 Hand Bearing Compass Gear Bag 2 80 Cu. Ft. Scuba Cylinders 4 Scuba/Mako Fill Station Adapter 2 Search Line Bag W/Rope 6 Pelican Float Buoys 4 Throw Line Bags 4 3m Wet Suits 4 Wt. Belt Lead Black Out Masks/Training 4 Child Training dummy 1 Range Finder Lazer Knife 4 Rescue Knife 5 pressure/Depth/Compass Combo 5 Training Videos/Books Divator MK Mask 4 Viking Pro Surveyor Dry Suits 4 Viking Cuff Rings 4 Viking 5 Finger Gloves 4 Buddy Line 2 800' 4/Wire Comm Rope 1 High Use Connectors 4 Work & Wt. System 2 wt. Pouches 4 Locking Carabiners 2 Divator M.Kll Comm Amps 4 16'Hour Dry Suit Training Class TOTAL DIVE RESCUE T~-AM~ 54.40 28.00 12.50 38.20 49.30 65.00 8.50 49.95 80.00 125.00 75.00 28.50 31.45 60.00 175.00 7.95 125.00 65.95 43.98 52.45 150.00 735.00 1,400.00 75.00 30.00 735.00 1.95' 75.00 190.00 55.00 11.60 300.00 326.40 168.00 75.00 229.20 197.20 260.00 51.00 49.95 160.00 500.00 150.00 171.00 125.80 240.00 700.00 100.00 31.80 125.00 65.95 175.92 262.25 750.00 150.O0 2,940.00 5,600.00 300.00 120.00 1,470.00 1,560.00 300.00 390.00 220.00 23.20 1,200.00 $22,688.00 35 North Naples Fire Control & ResCue District Impact Fee Budget 1997-1998 cash carryover 1996/1997 interest: Revenue from Impact Fees: Total Cash Available: $ 3,085,031.00 + 80,000.00 932.328.00 4,097,359.00 Expenditures: Pine Ridge and Livingston Road Land Engineering/Planning Improvements Property on Immokalee Rd. Land Engineering/Planning Improvements Additional Equipment 2 Squads Equipment 2 Quints Refurb 42 & 44 Vehiclee Total Expenditures 345,000.00 25,000.00 495,000.00 500,000.00 35,000.00 945,000.00 50,000.00 279,000.00 50,000.00 799,000.00 80,000.00 50,000.00 20,000.00 3.673.000.0Q_ 424,359.00 36 FIRE HYDRANT BUDGET 1997/199S Cash Carryover 1996-1997 Revenue from Hydrant Fees: Total Cash Available: Expendi=urea~ 2 cases of Peniblube 2 Cases hyd. markers i CaSe marker glue 2 Marker glue guns 4 Replacemen= Plungers for gun 12 Gallon hydrant paint 8 Gallon mineral spirits 10 Tubes of hydrant grease I Box rags Hydrant repair Total Expenditures $ 103,859.00 + $~ $ 125,234.00 114.24 396.00 85.00 120.00 24.00 322.50 21.92 89.50 10.00 10,000.00 $114,051.00 37 OFFICE OF T~E FIRE CODE OFFICIAL COLLIER COUN~"f FIRE DISTR~CTS Cash Carryover Revenue Plan Review Fees Total Cash Available: Expenditures: SALLIES & BENEFITS Fire Code Official Salary Fire Code Official Workers 'Comp (9.34%) Fire Code Official Retirement (17.5%) Fire Code Official Social Security (7.65%) Health/Life Insurance Overtime Asst. Fire Code Official Salary Asst. Fire Code Official Worker's Comp (9.34%) Asst. Fire Code Official Retirement (17.5%) Asst. Fire Code Official Social Security (7.65%) Mealth/Life Insurance Overtime TOTAL SALARIES & BEN~FITS tFEHICI2~ EXPENSES Ford Ranger XLT Ex%ended Cab 4X4 Miscellaneous Vehicle Equipment Gas & Oil Maintenance TOTAL VE~ICLE EXPENSES OFFICE EXPENSES County Rental Space Computer Workstation & Operating Software Equipment Maintenance & Software Office/Operating Supplies Telephones Codes & Standards Men%bership Dues & Subscriptions TOTAL OFFICE EXPENSES PERSONNEL EXPENSES Training & Certification Maintenance Physicals Radio for Assistant Pagers Uniforms TOTAL PERSONNEL EXPENSES 84,400.00 $309,520.00 41,500.00 3,876.10 7,262.50 3,174.75 3,888.00 1,346.75 39,500.00 3,689.30 6,912.50 3,021.75 3,888.00 1,281.85 119,341.50 19,500.00 500.OO 1,200.00 400.00 21,600.00 2,000.00 2,500.00 2,500.00 650.00 1,500.00 1,500.00 500.00 11,150.00 2,000.00 600.00 3,500.00 300.00 750.00 7,150.00 38 GcnAfl~M Plan Review TO'J~L O~A~ X D~ ?~SO0.O0 ?~SO0.O0 134,505.50 .0 _SPECIAL DISTRICT Rt~::'ORTING Section 189.416, Florida Statu~es, requires that each special district in the state designate a registered office snd a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier County Board of County Commissioners. Any changes in rogiotorod 3gont and rogictorod office muir be reported to the above named egenci~% In t~e space below, please provide the correct name and address of your current registered agent: DISTRICT NAME North Naples Fire Control & Rescue District REGISTERED AGENT REGISTERED OFFICE Chief James W. Tobin 1441 Pine Ridge Road _ Naples.FI, ~n addition, please provide the telephone 'number of your registered agent: PHONE NUMBER (941) 597-3222 (941) 597-7082 Indicate your district's status (dependent or independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definitions.) DEPENDENT INDEPENDENT × If the actual location of your special district office .is different from that of your registered agent, provide the district's business address in thn space below: Please return this form, 1o the address below: Collier County Courthouse Finance Department ATTN: ~ P.O. Box 413016 Naples,, FL 33941.3016 1441 PINE RIDGE ROAD ' NAPLES, FLORIDA 34109 (941) 597-3222 Fax (941) 597-7082 October 3, 1997 Mr. Derek Johnssen General Accounting Manager P. O. Box 413016 Naples, FL 33941-3016 Schedule of Regular Meetings for the North Naples Fire Control & Rescue Board of Fire Commissioners. The North Naples Fire Control & Rescue District's Board of Fire Commissioners meet on the second Thursday of every month at 9:00 AM. g'AtJlLIT'r RECO x g F~C[L[T~ NAN~ CAPACITY: LAND SIZE: BUILDING SIZE: ~ORTB IL~PL~ FIR~ CONTROL & R~SCU~ DISTRICT STATION 40 1441 Pine Ridge Road, Naples, FL 34109 Date Updated:~ FIRE STATION 1.2 LIVING QUARTERS: 3100 GARAGE: 3280 WORK AREA: 600 OFFICE: 1750 STORAGE: 320 DEMA~D: EMERGENCY RESPONSE FIRE & RESCUE CONSTRUCTION TYPE: CBS TOTAL SQ FT: 9050 APPARATUS AND EQUIP]~g~T ENGINES: 1 PUMPERS: 0 HOSE: 0 ANTIQUE: 1 TANKERS: BRUSH: 0 WOODS: 0 LADDERS: 0 SUPPORT: 1 UTILITY 0 COMMAND: 4 STAFF: 6 TOTAL APPARATUS: 13 SHIFT SHIFT COMMANDER: 0 ADMIN AIDE LIEUTENAN-I': 3 BOOKKEEPER ENGINEERS: 3 SECRET&RY FIRE FIGHTER: 6 TOTAL STAFF: 26 FIRE PREVENTION INSPECTOR Il: 1 INSPECTOR: 1 I ADMINISTRATION 2 CHIEF: 4 ASSISTANT CHIEF: FIRE MARSHAL TRAINING OFFICER: 1 ASST. TRAIN OF[:. 1 CLERICAL 8ERVICB J~R F,A AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 18 Sq Miles Urban 16,500 2,015 4.00 Minutes FACILITY NAME DESCRIPTION CAPACITY: LAND SIZEt BUILDING SIZE: FACILITY RECORD NORTN )lAdLeS FIRE CONTROL & ~ESCUE DISTRICT STATION 42 7010 Im~ok&lee Rd, Naplee, FL 34119 Date Updated:~_~/ FIRE STATION 2.5 LIVING QUARTERS: 1680 GARAGE .' 1741 WORK AREA~ 0 OFFICE I 60 STORAGE * 189 DEMAND: EMERGENCY RESPONSE FIRE & RESCUE CONSTRUCTION TYPE: CBS TOTAL SQ FT= 3670 APPARATUS AND ENGINES: PUMPERS: HOSE: EQUIPMENT 1 0 0 TANKERS: BRUSH: WOODS: TOTAL APPARATUS: SHIFT FIRE PREVENTION SHIFT COMMANDER: ADMIN AIDE: LIEUTENANT: BOOKKEEPER: ENGINEERS: SECRETARY: FIRE FIGHTER: 0 INSPECTOR II: 0 3 INSPF. CTOR: 0 3 0 6 TOTAL STAFF: 12 LADDERS: 0 SUPPORT: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 ADMINISTRATION 0 0 CLERICAL CHIEF: ASSISTANT CHIEF: FIRE MARSHAL: TRAINING OFFICER: 0 0 0 0 BERVICB AREA AREA SIZE: AREA TYPE~ AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 31Sq Miles Urban 8,000 877 5.00 Minutes F~CIL~TY N~M~ DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: STATION 43 16325 Vanderbilt Dr, Bonita Shores, FL 34134 Date Updated:10/02/?l FIRE STATION .80 LIVING QUARTERS: 3614 GARAGE: 3600 WORK AREA: 767 OFFICE: 96 STORAGE: 800 DEMAND: EMERGENCY RESPONSE FIRE & RESCUE CONSTRUCTION TYPE: CBS TOTAL SQ FT: 8877 APPi%RATUB AND EOUIPN~WT ENGINES: 1 PUMPERS: 1 HOSE: 0 ANTIQUE 0 TANKERS: 0 BRUSH: 0 WOODS: 0 TOTAL APPARATUS: LADDERS: 0 SUPPORT: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 SHIFT SHIFT COMMANDER: ADMIN AIDE: LIEUTENANT: BOOKKEEPER: ENGINEERS: SECRETARY: FIRE FIGHTER: TOTAL STAFF: FIRE PREVENTION 0 INSPECTOR II: 0 3 INSPECTOR: 0 3 0 3 ADMINISTRATION CLERICAL 0 CHIBF: 0 0 ASSISTANT CHIEF: 0 FIRE MARSHAI~ 0 TRAINING OFFICER: 0 BERVICR ARE~ AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 10 Sq Miles Urban 9,500 949 4.04 Minutes F~CILITY N~ CAPACITY: LAND SIZE~ BUILDING SIZE: FACILITY RECORD NORT~ NAPLES FI~E COITTROL & RESCUE DISTRICT STATION 44 8970 Hammock Oak Dr., Naples, 34108 Date Updated:10/02/97 FIRE STATION 1 1/4 acres LIVING QUARTERS: 6179 GARAGE: 3516 WORK AREA: 96 OFFICE: 270 STORAGE: 768 DEMAND: EMERGENCY RESPONSE FIRE & RESCUE CONSTRUCTION TYPE: CBS TOTAL SQ FT: 10,829 APPARATUS AND EQUIPmeNT ENGINES: 1 PUMPERS: 0 HOSE: 0 SQUAD: 1 TANKERS: 0 BRUSH: 1 WOODS: 0 LADDERS: 1 SUPPORT: 1 UTILITY: 0 COMMAND: 1 STAFF: 0 TOTAL APPARATUS: SHIFT SHIFT COMMANDER: ADMIN AIDE: LIEUTENANT: BOOKKEEPER: ENGINEERS: SECRETARY: FIRE FIGHTER: TOTAL STAFF: FIRE PREVENTION 3 INSPECTOR II: 0 3 INS PECTOR: 0 9 18 33 ADM I N I STRAT ION CLER I CAL 0 CHIEF: 0 0 ASSISTANT CHIEF: 0 FIRE MARSHAL 0 TRAINING OFFICER' 0 SERVICE AUEA AREA SIZE~ ~REA TYPE~ ~.EA POPULATION: CALLS PER YE~: AVERAGE RESPONSE TIME: 12 Sq Miles Urban 19,000 1,611 4.4 Minutes Agriculture Oenter, 14700 Immokak~ Road - Naples, FL ;33~4-1468 Phone (041) 455-4100- FAX (941) 455-2693 ,~ [ ] 'J ' 1.~97 September 26, 1997 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock Post Office Box 413016 Naples, Florida 34112-3016 LETTER OF TRANSMITTAL Cooies To: Enclosed please find the following: Collier Soil & Water Conservation District Boundary. Letter re: Outstanding bonds. Copy of Special Districts Information Program Registered Agent Update. Karen Toner Administrative Assistant Encs. CON~3::IVATtOH . DEVELO~4ENT - SELF-OOVERNMENT Collier Soil ~nd W~ter ConservltJon Disb'ict Agrk:ulture Centre', ~4700 Irnmok~ee Road - N~ptes, FL 33~4-1468 Phone (g4~) 455-4~ O0 - FAX (g41) 455-2~g3 September 26, 1997 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock Post Office Box 413016 Naples, Florida 34112-3016 Dear Sir or Madam: This is to advise that the Collier Soil and Water Conservation District has no outstanding bonds. (s189.418). Sincerely, Robert M. Griffin Chairperson kt CONSERVATION - DEVEI..~3MENT · S~LF-GOVERNMENT ",.~ FIoridaREGiSTEREDDepartment of Communi~ Affairs, specialAGENTDistricts Information ProgramUPDATE. Per section 189.4035, Florida Stalufes, the Department of Community Affairs, Special Districts Program is required to update th~ regis{ered agent/office annually. Please complete this form and FAX to 904/922-5623 or mail to the Special Dislricts Information Program,'2555 Shumard Oak Blvd, Tallahassee, FL. 32399-2100. For assislance, please call 904/922-5431 'or SC 292-5431. Dead!ine:-'April 1, 1997. 'Pa l:' 'REGISTRATION OEr,.mONS,RE O. T.E..CK Or T.,S fORM). ' PRESENT STATUS ITEM CHANGE TO: COLLIER SOiL & WATER District Name CONSERVATION D[STR. ICT Oavi,: W~lldnson Registered Agent Name Robert Griffin Agdcultu~l Center Registered Office Address 14700 Immokalee Road Naples, FL 34120 9414fi54100 Phone Number PLEASE PROVIDE FaxNumber (941) 455-2693 INDEPENDENT Status PLEAGE CIRCLE ONE Authorizing Documenl Ordiance/Resolufio~Spedal AdJ Court Decre e.q nte do,-..a-TT~g tee me nt .... Ch. 5~2, F.S. Statutory Authority Local Governing Authority Co 11 i e r Co u n t y ELECTED Board No Bond Authodt-/ Revenue Source G ran t s Par£ II. FINANCE & ACCOUNTING [P.a--.,o~ who is respo~ble for ~s.r.g ~ ~ S~o~ S~¢ ' COLL~"ER sO[rL & WATER CONSERVATION~DISTI:UCT David ~ : · : C,e~ter Road Namer. FL ~4120 1997 .... .~-- .... Collier Soil and Water Conservation District Agriculture Center, 14700 Immokatee Road - Naples, FL 33964-1468 Phone (941) 455-4100 . FAX (941) 455-2693 District Boundary $,'. Collier Soil & Conservation District War CONSERVA3'ION. D~'VELOPIaENT. SELF-GOVERNMENT OSouth Florida Water Management District 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-§g(m · t:I~VATS ~-~00-432-2045 TDD (561) 697-2574 ADM 02-06434 ~r,', .... tVED September 26. 1997 0 C 1' 3 ] 1997 ....... ~ ~ loners Mr. Dwight E. Brook Collier County Clerk of Courts 3301 E. Tamiami Trail Naples, FL 33962 Dear Mr. Brook: In accordance with the Special District Act concerning reporting of proposed budgets, S.218.34 (3) Florida Statutes, enclosed is a copy of the South Florida Water Management District's proposed FY98 Budget-in-Brief. Please note this was our proposed Budget-in-Brief. We sent our final budget resolutions yesterday (9/25) to the county commission, tax collector and property appraiser. If you have any questions or require further information, please contact me at (561 ) 687-6660. Mb;c,. Sincerely, ~3:'?c: ..... Aaron M. Basinger, Budget Manager Budget Division AMB/ffb Enclosure i_ RECEIVED ,_ ~[NANCE Get,erning Boar,t' Frank \VUliamson, Jr., Chairman Eugene K. Pettis, Vice Chairman Mitchell W. Berger \'era M. Carter Richard :\..Machck S.mmcl t(. Ih-de Ill, Executive Director William E. (;tahara Michael 1). Minton Mich.,el %lavt'H~, [)V[~tlt? [(XcCutivc Director William [ tatum,md Miriam Sinxcr Mmling Add.ss: P.O. Box 2~80, West Pahn l~cach, gOR Al. ~ au ,T~,:~ 'J'BLIC 1.,, B£.E , " FY98 Table of Contents Introduction Purpose & Format- 1.1 District Organization Chart- 1.2 Executive Director's Message -- 1.3 Executive Summary- 1.5 District Overview -- 1.9 Taxes & Budget- 1.13 FY98 Budget Development Process -- 1.16 Budget Development Calendar -- 1.19 FYi8 Badget Highlight= Expenditures -- 2.1 Revenues -- 2.2 Personnel-- 2.3 District Programs -- 2.4 Capital Projects Summary Capital Program introduction -- 3.1 Five-Year Capital Improvement Plan -- 3.2 Financial Information District Fund Structure --- 4.1 FY97-98 Projected Revenues & Expenditures --- 4,2 FY98 Programmatic ffatrix Introduction -- 5.1 FY98 Programmatic Budget Matrix --- 5.2 Principles of Sound Financial Management ..... 6.1 Definition of Terms --- 6.2 List of Acronyms & Abbreviations -- 6.3 GFOA Award -- 6.4 A Guide to Other Useful Documents -- 6.5 c preliminary budget of thc South :h~rtda \~.'accr .Management l)ismct pr~,~ idc~ rcsMc'nts ~nd 0~c (;ovcrning Board wid~ a fundln~ plan t',,r fiscal ve~r 1998. 'I~c District's 19q~ fl~c:fl year bcgm~ ( ~c~bcr l. 199' and cads ~cptcmbcr ~ ~, 199K 'I'h~s document is designed t~, ~v,vidc n brief, non-tcchmcnl explanation of thc District', bud~c~ and it~ bud~c~ pr~<css. It is 7. Introductory Section rcKarding tl~c District'5 h~stc~ry, boundaries, ret~ulnt~r)' p~wcrs, wnlcr resource ~vstcm, ,~thcr District pre,grams, ~q~crat,ms, budget pr,ccss, t}ae C;ovcrnmg B, mrd, thc HxccuUvc < ~(ficc. and guiding principles, l~ ,wcr:fll hucJgct, rc~ultm~ tax ratcx, and budget pr,~cc'ss 2. FY98 Budget Highlights Section Includes a ~,umm:lrv of District revenues, expenditures, and personnel levels followed bv a discussion ~,f l:5")g budget highlights. 3. Capita/ Projects Summary Includes ,in o,.'crvic,.v ~f thc District's capiud omstruction and land acquisition projects planned for fiscal years l,')8 thr~m.<h 2f102. 4. Financial Information Includes thc District's fund structure and a omfi~ination of r,:vcnuc anti expenditure in format,re. 5. FY98 Programmatic Matrix Includes a detailed listing of proiects and scr'occs anti their assocmtcd budgeted expenditures. 6. Appendix Include'. misccllanom:, ~nt-<~rn',;lu, m :,uci~ a5 a ~l(,ssary of frcqucndy used tmd.~ctarv term'; and abbrcviat~ms, anti a li,ung ,,f ,~thcr useful financial d~ <umcnts. Along w~th thc Budget-m-Brief, thc f-II, dr<umcnt pr, wi(Ic~ ackhtu,nal t~nancial anti buct~ctary inf, )rmatl~ Tile P%'98 Bud,,ct ~ [?on i:s l)is,'ml a~?art,n~'n; ,:.,i ~[?ice. it uiff [f v~)u h,t',c any qucstu,~:s, ,~r '.vrmld likc addim~nal informamm, plcasc call thc l)i~tr:c:t's Budget l)ivumm at (561) (~7-62t)3 (,r write thc following address: South l:h,rid;, ~tc'r ~[ tO] 1.1 PJstrJct OrgeflJxotJoo Chort [ .1',~ h'm ('hdc, · ! ' '- ,1(; o~,rts~, BASIN BOARD~ GOVERNING BOARD .~, .'~ II 1 / j J I J ] Public Affnirs I I / ':'""'" ( ........ I I / I I / ,.,,~ ...... '~.,,,, ...... I / / :"'"'"' I Bud~l'l & Pr~urt'ml'n · I Deputy ExccuJive ~ I Dirt (for I ~ s,r,',(, (,~ters .,~.,,,.,,.,,,,. I I ,...,,.:;,:::,., ....... "'.:':':::.;; .... I ,,,,., ,,.,I ~ I ' I i I I i I I ' 2~ 16G 2 TO THE RE$1DENT'~ OF FL o m c~,a : ( )n thC' f, dh,wmK paKcs, y~,u will sec thc details ,,F ,~ur prc,p,~scd ~'gg ~,pcratm~ budget ~f $413.9 mzlh,,n. It re/loots mcmtE~ ~f staff prcparaticm, public c,,mmcnt~, and (;ovcrnm~ Board ovcrsighL Wc have .-cHltlllucd ~t~r o,mmlmlcnt t,, reexamine every aspect ,F ,,ur dax-t¢,-,I.tv ~pcrau~ms ~ t~ .,trcnmlinc, rt,,{:rt't t. pr~, ,r~:~/c. scntc }>ack. and ~liminatc. x,, 'x'c t .... L u~ l')'.'s, i~ t~ .tppr~,prmtc t,, rcvit:',v ,,f planning ,,:', t'.vcr~ladcs cleanup and rcst,~rat;,,n finally beer;mc a solid rcahtv. In April, wc omstrucrion ,~n ~he first ~t~rmwarer rrc:ltmcnt arca. .Xs 1'5'9v nears ,m cad..a'c wdl bc~qn t,rhcr pr~cct, that ~t-~ll help ,<h:cvc ;~ hcalrEicr l'~vcr<ladc~ ,,'I[E .i ~ustainahlc rc~l~,nal co m, t'nder tt~c I)islrlct's rog<late>r>' {>rc><ram fl~r tile ftvcrgladcs Agncul~rat Area, tt,XA grog'ers have exceeded state requirements f,~r reducing tEc amount ,~f ph~sphorus fl,~'ing off their land v~a ons~tc management pracuces. TEis is go~M nt~'s~ tEc rcsult~ fromm ~ur tLvcrgladcs Numenr Rcm~wal Pr, qccr. tEc pr~totype fl,r thc sr~,rmwatcr treatment areas, l:,~r d~c third full ~car,~( test opcrauons, t~NI~ Pr~qcct c~mtmucs t~ exceed cxpcctati~ms removing pE~spE~rus From thc water. 'I;~ furd~cr nccdcd tLvcrgladcs research, tEc I)~str:ct, in co~pcration wire I:l~ndn Atlanuc I 'mvcrsitv (FAt;], this spring ¢~pcncd a unique greenhouse ~m FAU's B~ca Raton campus. ResearcE conducted hcrc will help determine thc mimmal level ,~f phosphorus that can harm t}~c cnvironmcm. law rcquircs this measurement. Thc District }las fl>cuscd mute attcntum. water supply planning, and xt'c Eavc made much pr~grcss ~n this effort, l.(mg-tcrm watcr-rupply plan~ for various regmms (ratline thc future needs f,,r th:~ m~st populous anti cnv~r~nmcntallv scn<mxc p.tr: the state. Thc plans describe wear ,xc wtll nccd t~ protect ~tlr water supply int~ thc next century %~uth l:lr>rida's populat,m increases at a steady p:lcc, agric,altur:d water nccd~ gro'~' m~,rt' acute. :i~:d natural .trc.l~ suffer m~,rc 5trcs~. parcels of land along thc }Last {5,asr Buffer ~cparate thc [~','crgladcs l'r~>m t}qc urb;~n <;>r:rx'l , ,f l)adc, Br~rx:trd, and Palm Bcach o,unt~cs .~cqu~r~n~: thl~ land will increase r}~c :~rcn nccdcd rr, ,t,,rc d,.:r:n~ hc.t,,'v rams. r.ttEcr :}~;in ~cr~thn< n r~ ~}~c !r ',fill als,~ Ecl[> rccEargc thc tLr~,:indxv:~tcr ,t;pp[lcs .,nd :tx'crt ]~n~ that ~r,~undv,'.~rcr thr~,uEh ~ccp.~Ec. .'~% V~U rCVIC~U {}lC CXCCU~IVC summary <~t prehmmary budget and tee pa~cs teat t'~U~ ~w. that ~'e recommend proceeding with mni~,r prrqcct~ t~t'~ categories ~ rc~,nal ~'atcr--rcsourcc development and federal cntica} rcstorau~m pr¢qcccs. Thc m~mcv f,~r tee ,x'atcr-rcs~,urcc dcvch~pmcnt ptcqcc~s anti our maccEing funds fromm o~st sharing :he federal critical rcstc~raticm pr~iects grcady exceeds thc current D~strict mdlagc. ,'X proposal to fund cEcsc prr)~cctg is ,',msidcrcd lightly. ()nlv after lab<,ri,ms stir'- thc [)istrict's (;ovcrnJng l{~>ard determine ~Eat needs require extraordinary act:,m. XVt witl. h~wcvcr. o)nt;nuc t(~ cxaminc our l<mg-tcrm stratc~:y t~ pay for and implement these projects. Wc arc als,, prolect schedules, time frames, cost estimates, h~cn} cost-share contributions, and lmplcmcntauon alternatives to reduce costs. (]lcarls', tEc participation of our federal, state, and local parmcrs d<>cs minimize thc impact on thc District's taxpayers. 1.:3 \~'cr~.' It ~1~ l'~r these ,,pcciI~c ~'~c~.',' proicc~s, thc l)i',~rlct ,,v.~uld bc amc ~ d~c ~amc t:tx r.uc a~ in d~c 1:Y97 bud,Kct. However, these pr~>wct~ :~;~d other 1,)cai parmcrship efforts reflect thc l)lsmct's acceptance ()f ~esp~msibility as well as iml>Icmcrmttiom ()f legislative direction. XX'c bclicvc thc preliminary I%'98 budget pr(,p,scs a s,und investment in Florida's furore. Thc rt. sp()nsc fr()m thc public ~, this pr~)p.scd budget at 11 f,,rums held thr()ug}w)ut thc 16-c(>untv District indicated as much. 5o, ~<)'), has thc fccdb;tck fr~,m residents, spcci.d-mtcrcsr gr~p~. ~ur (;~wcrnmg B,,ardk app, matcd tSudgct Rcvic,x. ( ,~thcrs who have :utcndcd :md participated in m(mrhh' ()ur bud,get work is m)t ~,.'cr. \~'c will c~mtinuc to explore pmcn6al areas t~ cut before thc l~(~ard adopts thc final budget in h, tc September. I foci str(mgly that what you will read in this d~cumcnt rctlccts nccdcd ami rcsp~msiblc acti,m by t}~ ;t<cllcv to sustain ~outh Florida water resources :md u, cnsurc an acccptablc quality ~f life t~dav and m thc 5, amucl I:.. P<~olc III I-.xccuuvc Director Florida \Uatcr ,'xlana,<cmcnt District 1.4 Ex ¢utJv Summary INTRODUCTION c .District's f"'5'98 preliminary bud.~ct ubmiss" m t()tals .5413.9 rnilli(m. 'I'~ ~ better understand variances from year to year and t~ re.tko c,m~pari~ms between the District's 1~'97 and I:Y% budget, dds u)tal xh~mk{ bc divided into I. General Ad tYdorcm re~.e,;ueff ex?nditure;,' ,i,to,,ttr ,~r l :rere&Jrs (.onrlm,'/to, ])ro/ect ri / ' l~r' ,,;//); "Other/~cdicatcct" rrv~,u~s/ e:9~,"ta';'lure~ / t5C1' I,' lg~ General Ad VMorenl (519Z4 m/Ilion) ~ , ,r that p()rt,,n',f thc t,udgct supN,rtcd by ad val,)rcm pr, q~ertv tax rcxcnuc ;md ,mrc~crlctcd in itt risc. Thc null tax mcrcnsc. Thc tax ~,~crca~c bcmg pt~,p~>scd wdl gcncrntc Sl 5.3 mflli, m and will bc u~cd t,~ fund federal "cP'ica/frs/oral'on" pr{)lccts md water rcs,,urcc dcvcl(~pmcm pr, dccts. Other Dedicated Sources ($21&J million) --- ,,r that p,~ru,,n of thc budget supported by dedicated revenue< t~) be used for specific purposes. '~e 13istnct's lq")8 preliminary dedicated revenue ,l~s~,ChltCd wi~}~ dcdicalcd rcx'c~lt~c ~rct'~ preliminary bud,:ct sulmussu,n. Thc sigmtScant rcductirm fr<mq 1:y97 *{)tlrcc~ rc~uh (r~m~ :t dccrca<c m pr, qcctcd rcvcmms fr~mq federal s~0rccs f~r thc District's land acquisition pr~ At present, this submission is preliminary and staff will c~mtinuc to Io.k for p{~tcntial areas cutbacks bctl,rc thc (;,wcrnin~ B~ard ad~pts thc budget in September. ktb have been in recent c(mtact with representatives (mm thc t'.S. ;krnw (5)rps [Ch<inters and arc examining long-term strategics and funding .proms pcrminm~ t~, thc a(~}rcmcnti~mcd Mternativcs and funding requirement* (,)r :l ,cries ,~t' h~cal cost-share pnrmctship pr,~ccts. ( )vcr thc t'~,lquIl.~ month ~ as more informati~m ~s received regarding these issues ~ it will he shared with rcprcscnt:mvcs from thc Governor's ()fficc, lzgislaturc, l)cparm~cnt ~f l(nvir~mmcntal Pr~tcct~m. anti t}~c ~cRcral public Thc following infi~rmat, m pr,)vMcs }~ighhghts ~thcr initiatives under considcrati~,n: and a ~ummarv ,~f thc initiatives included as part ~f ,,ur pr~q~,*cd ad val,~rcm tax ulcrcnsc. CONTINUATION BUDGET HIGHLIGHTS thc l)b~rtctX hp,,.hc*t i,ru)r~tv pr'5~ram' actlk!uc*, .k,, a rc'.uh (,f,,ur ctf(~rts, wc have been,thio i~ltiatIvcs, lm/hltlvc~ such :~:ch~/:~.? field rq~erat:o,: c ~";;e~O'~t,'~ ":,;':';.~:' ";";; ,(.:cthtte~. ami ,/her i.,u;h:'¢,{( refl~r~:.'.cJ',,t ':; /*$2.9 These expanded initiatr,'cs (tr~t:din~ ncarlv 512.2 mllli<m) have all been omtaincd within thc tnxcs). In addit"m, thc District ~s c~msidcring thc nuati{ m budget. L ................................................... ~ ................................ II .~llll .............................................................. J INITIATIVES UNDER CONSIDERATION t prescott, thc District'is ~:onsidcring thc f, ,11, ,vclng addi ti~ mai initiatives. These i~itiatix'cs c;m bc c~;lracterizc~ as local c,~st-st~arc partncrM~ip pr~,~rams and c~n bc divided int~ thc 1 l.,,ca~ parmcrst~ip l~s~iatlx'cs ~'hicl~ t,~tal · (fha c,',~[ 1~ r,~ward (.ompreJwn ;lt'e tt'~;ter ), [,~n~:'d I.~cal i)rn.~ngc/St~rm~'atcr/'I:.~v~r'~ -' proicc~s xx'hich t,~tal Sl.O milh~ and include thc ~o11, ,~ving: ,~lia~m' lb,'er il'3~ler ~u,~h'h t:~fnr"eme'tt' t3isca~',~e }~a~' .Vuq}~ce Il'Diet ~uah'O' 0 }fabt/,~t 5¥. l a.'ie Count' I"~[~II) I)a~nersht~ l)rq~ram' I!,~.rter~t 5'bores l)r~ztn~{~e Impro:'ement. l:/o.rla (.','h' ,%'atur,~/[Q.rot~rces Protectio,t. l:,act'~ of thcsc initiativcs/pr(qccts is rcvic'o,'ed bv staff and a dccm,m ~ ~.hcthcr thcsc prt~iccts can bc accomm~)ct:~tcd ~t'itt~ir~ ~ur continuati~m level budget, will bc ill,,ldc pri~r 15~,ard in September. TAX INCREASE/NEW INITIATIVES .. part t)t thc pr(~p,~sc,, tax i~lc'rcn~c gc~cratc 513 3 revenue. This additi~.~al rcx'c~t~c ,.v~,t;td 1,c tlc. d~ca,cti t() tx~'(~ i~{tlativcS: l[~3~ter [Osource the 1997 I WATIR RESOURCE J~FVELOPI~IEPIT ~hrcc pr~,iccts: ~) .Vtte-I I~rn/ect [)e,',~:fi'~i /),.r(~,~ 'I'hcsc watcr rcs, ~urcc dcvcl~q~mcnt pr~qccts ~a','c been rccommcmlcd as ;t result ~f legislative nmi xt'ill }~elp move thc District t()~vard ~mplcmentation of its Ix~'cr t(ast (~ast ,.rater ~upply plat~ning ~,bicctivcs. ro $9,$ T}~c "c~tical rcstoratio,t pro/cots" arc :m ,~f a federal task force ~dcnttfymg pr~icots (~f critical ~mp~,rtancc t() 5(.)ut}q t:t()rida's cc()svstcm. 1.6 £x~¢~/t/v_.~ $omm~O, These projects will bc matched by significant t'umlintt at ti~c federal level and thc District will als~ ;~(,vcrnmcnts. Over ~hc c~ming m~mths, the District ,xi]l cxpl(~re prolcct ,chcdulcs, tli'I'lCt'r;llllCs. C~)':,;tY,, fundin~ altcrn:mves and wlH prepare "pro/e,'t coq~era/n'~ .4::rrrmrnU" hctwccn thc E'.S. Army (],rp, ,,f l{ngmccr~ and parucipatmg I, ,cai ~, wcrnmcnts. These agreements arc rcqmrcd t~, bc signed and executed fimtncml p:~rt~c~paticm hv ,~thcr part~c:,, thc Distm:t l'c,ls ~tr,,t~gl pr, Hcct~ mu~t m~wc /',~vnrd wJt}~ ])lan, t'(~rnmlatcd ~ c,~rrcct thc dcficiem~lcs Thc t',~ll, nvmg arc th~ rrstora,9o~t ?ro/ec/~" pn,p,,scd t,, hc ~ /;,/.rt (.'~af/ (.}ltl,Il %'/rl~,Vurrr G .*:..ner~l Oper,] Lion~ S 148 3 ,MHhon Total S200.5 Million ] In :tn cffl,rt t,~ graphically represent h~,',v thc District dedicates portions (d' ~ts ad val~rcm mdla~c t,~ward specific purp~sc~ --- thc f~fllowing chart ~s pr, wkicd. Thc chart includes new ad valorem revenue ~mlv (including thc 1/'l I}'" mill t'X'er,~ladc~ ()mstructi(m Project and thc Big Cypress ]~,asln) and de,cs not include prior year balance'; FY98 NEW AD VALOREM REVENUE GENERATED A~terr'uatrve ',Wat~ Proje<~ f i/4C~ ~, 26 2 !~hlllOn !. direction of thc G,)vcrmn4 l~,~ard, dcd~c,ms p,,rm,ns its gencra] operating millage at .54': mills /;~r t}~c c~ht )'cars, while dedicating ~tx increases r~ very specific purposes (i.e., Everglades C~mstruct~,m Pro,cot, Alternative Water Supply Pr~iccts. XVatcr Rcs~)urcc l)cvet~pmcnt I)r~wcrs, ant{ (]rlr~c.fi Rcsu~rau~)n [)rolccts}. D/STmC'T Po$xr/o~s (ElstPt OrE~r There arc no new full-time pcrrnancnt p~,mons pr~p(~scd as part of the District's prclimin.wy [5'9~ budget. Several initiatives (such as cmph~ycc redirection, attrition management planning, v, fiuntarv rcassigmmcnt, and cmph)ycc rctraimn~ arc under-ay m ~rdcr to remain ;it thc currcrlt level ~t' .luth~,rlZCd p<~,H~r~. It is imp~rtant t~ m,tc th;ti ,wet thc past fimr 5'wars, thc Distnct has kept ~ts full-time perm:merit cmpk~ycc levels ctmstant at 1,65l. 1.7 16G Ex~,cc/t/v~' $.mmaJ~y alth, mRh thc L)lsmct's ,,vt~rkl~utd has not diminished. tn filet, thc Dismct's acuvitics and responsibilities hnvc .ar~xg'n ,igmt~camly m thc areas ~)f cct~systcm rc~t, ,ratu nl/cllll;tncgtl~cllt, water supply planning, 'l'hc l:h")8 preliminary budget docs include an additi~mal 19 leased p~sm~ms, brining thc th'r)8 t~tal number {~f leased positions t{~ 74. However. these p~siti{ms nrc ~f limited durati~m ami ,mir require funding on a pr~qcct by prolcct basis. Thus, thc Dismct incurs n,~ l,mg-tcrm om~mitment, g=ins flcxibdi~', and snvcs c,~sts duc to a Ics~ expensive CONCLUSION V~/ F. xecuti'.'c Summary anti the rcm:finder ,>f thc document is helpful in understanding thc ,>pportunitics, pressures, and crmstraints thc D~stnct has c<mfrontcd in preparing its l%'98 prdiminary budget. We look fo~vard t{~ working with thc Governing Board, thc (}ovcrnor's Of fmc, [xgislaturc, and Dcpartmcm of }}nvironmcntM prr~tccti{m, l~,cal g~wcrnmcnts, husincss community, and thc general public as wc w~>rk to finalize our 1G'98 budget. .dwavs, District staff is av:Ulablc to nnswcr ttucs'tu>ns ~r provide additional mformati~,n v~n~r understanding of (,ur ~>vcral~ budget. 1.8 16G 2 Pistrict Overview HISTORY 9uth Florida's .subm~pical extremes U hurricane, tl~od, and dr~mght combined ,,v~th cft;)rts t,~ populate this ",mr lko,fieP' lcd thc ILS (]mgrcs~ t~> .,bq)t Ic~islati~m creating thc Central ami S, mthcrn l:h)rida t:h~od Control Proicct (C&SI~ in 194g. Thc pr, qcctk primary g,~al was to servc thc ~f thc region's growing agricultural and urban p~,pulations ami to pr~t'cct and marmgc water rcs~urcc5. Thc L'.S. ,,Xrm~ (],~rps ~t' l:,nginccrs ((]( ,.v,)uld, ,~vcr thc t'~ll~,w~nk~ dccadcs, design and build a vast nctw:;rk ~)t ]cvccs, cnnals and r)thcr impr~p.'cd .,~'atc~&':l}'$, :/rqd ..v;ttcl c, nqtr,>l structures dcsignc~ }lClp ill;Ill:igC t}lC often unpredictable xvcad~cr In 1949, thc [:l{)rMa l.cgislaturc created thc (]cntral and S~mthern Florida Flood (]ontrol District ([:CD) to act as thc local sponsor fl~r thc proicc~ - opcrating ami maintaining thc water control ncpxork with fundin~ from property taxes levied within District boundancs. 'l-hr,)ugh~mt its hist,,ry, thi* regional water resource agency cvs)Ired and grew in response primarily to population gr~wth anti development and its impact ~n water resources. The Florida Water Resources Act of !972 launched thc most sigmificant change in the state's appr~mch to n.,mra] resource management. This legislation divided thc st:itc int~, five rck~ion:d water man;l~cmcnt d~s~ricts and grc:~tly expanded thc r=sD<)'t~sibilitics of thc existing F~]). 'D~is included grc'atcr emphasis ,)n w:ucr quahty and protccnon initiatives. Thc FCD was renamed thc South Florida Water Management District in 1976, and new boundaries were drawn to encompass the rc~on's pNmary watersheds. Since 1949, thc District has grown into a multi-faccted agency rcsp(msiblc fi~r most water resource related issues-from pr~widing protccti(m and water supply protccti~)n to po~plc living in cities and on farms tt) rcstt~rm.E and mana~ng natural ecosystems. BOQNORRIE$ Water management distr:ct b~)um{aric~, arc basc,[ ,m natural, hydrogeolog~c basins rather than p<>litical/ omnty limits to allow for effective and efficient planning and management. Thc boundaries ~f thc District ,mc~m~pass all or part' ~f 16 counties, c~)vcrmg a tt~tnl area of 17.930 square miles. More than 5.5 milli(m pc(~plc live within 1.9 P/strict Overview There arc r',v,, prm.~arv basins in the l')istrict- )kccci~.bce and ling Cypress. Thc (3kccchobce Basin ~s l);~,cd ,m thc .,pr;~wlin~ Kissimmcc-()kccch~bcc- tLx'crzl:Mc~ ~Kt 3t-., cc,~sx'qcm ,.vhicl~ strutchcs fr~m~ (~cntr:d Fh mdag ( ~lmin ¢,t' l.qkcs to 'l.akc ( )ketch,bce acre l{,.crgladc~ .X~ricultur:d Area, thc intensely dcvcMpcd ~,md~cast c(~sr, and tLvcrgladcs ~aticmM Park. Thc I~{~ (~5'prcss Basm includes all ~;f (5)lhcr N:tr,m.d Prc~crvc and thc 1(~,(~(~) Islands. GENERt:iL OPERATIONS 'l'hcrc:lrc r,,u~hl> l,~l)l) miics,~f canals and Ic:'cc'~ in thc District system with l gl primary water omtrol structures ~pcratcd by thc 1)istrlct. (~lc~sc t~ 2,(~1~ smaller structures arc m place svstcm-~vidc tt) omtr(d infl, r,vs from secondary sources 0.cai, municipal, ,r ct~unty drainage and/or water omrr<fl districts) into thc District',i primary system. Thc District has 29 pumping stati~ms which cnn tn(we hundreds ~,f milli~ms of gall(ms (~f water and ~,~t (,f st~r:~:c arc:ts, pr~,viding both water ~upply ;md fl,)(M pr,)tcct;~,n. undergoes c(mtHmous enlargements and rctqncmcnts- with new omstructl(~n, acqtnsitions ami upgrades t(~ thc existing network-to enhance thc system's ability t- provide flood omtrtfl and water supply pr~tccti(m, as well as preserve w;w:r quality and cnviromncntal vi/Jilts. This vast system includes eight [:icld Stations h~catcd m Kissimmcc. ()kccch~fi~cc, (ilcxvist,m. ~K'cst P:dm Beach, l:()rt l.audcrdalc, Miami, [-{,m~cstc:td, and Naples. District Hcadquartcrs arc in ~bst Palm Beach. Service centers in Br~ward C,mn%'. Fort Myers, Naples, Martin/St. l.ucic CounU', Miami, Orlando, Okeechobee, and Big Pine Key offer the public more direct and responsive access to permitting and other agency functions. Thc Big Cypress Basra Service Center and [:icld Station are headquartered in Naples. ()pcrat,ms and p(,licic'; (()r th,.' Basin nrc' dircctctl by a six-member Basin Board, and arc carried ~>ut by Basin staff, under the direction of thc l'~asin ,-\dmmistr:m>r. REGULATORY POWERS 'l't~c District tins a number ,,t' rc.<ulat~,rv pr,t~rams designed to pr~tcct thc rcgi, m'~ water rcs<)urces. Under thc state's 1995 cnv~rtmmcnt;fi streamlining initiative, land abcratum acu'.'mc~ , ~r w~rks affccun~ water rc?,urccs nrc rc~a!atcd under ,,nc type ,;f permit ~ thc [hn',-~r~,nmcnt,d Rcs, <,fcc Pgr:lllt. '['}~c water m,m.i~c:ncnt ,.jictncts and thc l:Mrida I)cpartmcnt ,,f }{nv~r, mrncntal Pr,,tccn, m (1)ILP) Iq:we developed un:fr,rn: ,.vcrland dclinc.m(m. rnmgat~(,n banking, and cnv~r~mn~cntal rcs~,urcc prcmitting criteria. 'l'ypc~ ~,f :tcrJvitlcS rceulated ir, thc District mctudc: Projects uqth imp,n'ts o, maters (dredAe amt till). .'flF'IAI) "IFbrh.r ,/' cons/ruction. WATER RESOURCE SYSTEM Thc Upper Chain o£ Lakes and thc Ix'i.,;Sl'rllflgee R/vel' arc thc rl(~rthcrrnx~st o ,ri:p, ,hunts ~' t~c greater Everglades system. Thc 5()-ratio channdized (C-38) Kissimmcc River c~mnccts l.akc Kissimmee and [mke Okccchobcc. ~ke Okeechobee spans 730 square mi[cs and is the second largest freshwater lake located wh()llv within thc United States. Thc CMoosah~tchee ~'vet stretches 67 miles, fr(m~ l.akc Okeech0bec west t~) thc Gulf of Mexico ;It l:,,rt 31vcrs. 1.10 ,& Thc St. Luci¢ C;tnal ls l.akc ()kcccb~,bcc'. c.~.,tcr~ ,,u:!ct, cXlCndln~ 23.5 tndcs t'rr,~ I~rt t,~ th,' ,,,uth t,,rk ,,f tM' St. I.u(:~u River. Three t[J~tcr C~mscrvation Arcns ~VC~) ami thc l:.vcr:clmlcs Nati~,nal Park preserve ab,,ut percent ,ff thc ~,rlginal t(vcrKladcs. These W(].'Xs arc l~,c.trt'tl m rl~t' '..vc,tcrn p,>rt]~ms ,~( l):tlm Beach. xt it~itrt' IlllJt'$. E t'cr~rla des s t's total tmdcvcl(~pcd. [rldkldcd in this rlatural land area Is thc (~ ,rkscrcw S',Vaml> and Sanctuary. thc Bi~ ~:~tu,n.fl [)rcscrvc, thc }:aka}nnchcc Strand. thc OTHER DISTRICT PRO(:iRf:iMS Thc I)istri,.'I'S rcs[',,,nsibilincs reach far bcv,,n~l rcgtdau~ry pr,>:<rams and ,,pcrati~ms. Thc District aCtluircs, Ill;lllilgC5, ;lfl(] tq'tcn rest,rcs lands thr, m<h l:h~rxla's Save ()ur Rivers (S()R) and Prcscrv:itn,n 1.11 16G C';,\'<'I.M) pnLu. ram~..irc tnldcr wav ()k¢cc}l~fl)cc. l*,isca\'nc B:w. and tht: Inch.in I.amx,n. l~,cstr>r:~tl~,n ,q' thc ~:rc'atcr thc I{vcrMladcs. t,, thc gt:ncral pubhr--~, :tn m~p,,rt.m: [>.tttncrsh~ps and c.,,,nhn:ttu,r, xt'~t}, ,,:her 1~". g,~vcrnmcnt and ,,fl~cr :t~cnclc, i~clp c~)nscrvati, m, rcl. lsc. ;lilt[ ';t(~FI2i'A',tICr lll,lll,t~ffllik'rlt yj,als. GOVERHIHG BOARD (.;~,vcrnor and ;irt' c, mt'~rmc~{ }~', thc }:l, ~nlarv .lnd fl)r a term ~d' l'~ur ','cars. Thc Ii, ,aid ctcct- ltG 2 P/$tf/¢t ~v~fv/~w EXECUTIVE OFFICE Thc Govcrmng Board appoints thc agency's F. xccuuvc Dire,Just.and Inspccu~r General. Thc l'Xccutivc Dirccu~r. hke Governing Board Members. o~nfirmed by the t:lorida Senate. THc Hxccutivc Dirccn,r 5crvcs .~ d~c Secretary t~ thc ~ard .md. with ti~z I)cputv ILxccuuvc l)irccu,r. t-~xccutive Director S.xmucl F.. P~,,flc Ill Deputy Executive Director .Michael C Slavton GUIDING PRINCIPLES ,,\cc~m~pli.shmg thc District's missi, m and implementing thc pr,)grams and pr~jccts identified thc District's [q'98 preliminary budget rcquircd a unificd effl)rt by thc members ~)f thc Governing Board, District staff, other agencies and groups, and thc public. Such unity can be achieved onb,' ~'hcn each group understands the ~iding principles, or undcrMng tenets that reflect thc cuhurc of thc agency. Thc fifllowing principles reflect these c,~rc bclicfs and how thc District docs business. '13e /)Ztrict u'i//balance the needs q'.at.ra/ resource ()'s/ems, xlor~lllJ'gl/er management, and wa/er supp[)', at/;:Ohin the cofl/e.x't o[' a r~iona/ ecoo'.r/em. / ']'he [)/s/tic/n't'/{ mainhdn accounMhi/t'¢' and prude.t .se q' .financhd resources, l'he Dis/m't adopted 16 pdnapks q' finandal ,nam~gement u'hi,'h .~orern such practices as: the method hy which lhe Distn'ct p tm'bases .~oods and sem'ice$; the pnparal3 n ~f finamqal reports; the manaxement q' cash, 3hr, and reserre J~n&; the preparation ~ its operati~ and capoal budgets; and the maintenance q' sound internal controh and audit fimctions. ~ The Distdct recqg.ites the value q' cooperahre mlationsht~s with the pubhc and pmwte sectors and olher members ~ the communiO', and the need commumkate ;trat<¢ic dea)ions to these audiences. The l)istdct ui{l a,'hiere the .nplementano,t budget through ~ctire wmmuni~wlion o/' p~'o~nes. mu&'.~)dph'naD, teamwork, and inter, dep,;rtmen:al coordina~on. The District tabes its empMees as k~' ~n accomplishi,~ the ,~oa/s o[ t/,i~ h~,~,'. '/'he ])i;/~q~'t ra/ue~ /}.,r d/rcrcL~ ,'he t~c~'ed per;?c,'t~. ~ t/c mc.the rc /.7,::2 ,',; ,~cco,.ph d~i'~ our By f~fll(>wing these principles, thc steward ~)f watcr rcs~3urccs. 16G 2 ilstr~ct is a special axing auth, mty established by the l:l~mda l.cgislarurc whose iurisdicti,m ' includes nil or part of 16 counties, ,panmng fr, m~ (~rland(~ t(~ Kev kqcst. Thc D~smct's bmigct ~s funded t}m~ugh a variety ,, ,urces, includm}~ prc~pcrty taxes :,cc chart ,m parc 2.2). Thc 1)tstnct's I:Y{)8 ' prchmm;~ry budget umtls 5413.9 millime, which rcprcscm~ a 21 percent decrease over thc [:Yg' nd,:p~cd budget of 5523.5 million. A rcducti,,n in mtcrg~)vcrnmcntal and other non- pr,>pcrty tax revenue, prmqarily,ass~<iatcd wid~ [)istr~c~'s i:m(J acquis~t~m pr~?.ram, acc~)unts t',,r this ()f thc t~c:ti J"%'~)~ preliminary budgc~ ~f 541 milli~m. 4~.' poi'cent (~r 519~..1 million) is supp,)rtcd by general nd valorem tax revenue and related s~mrccs with the rcm:Uning 52.3 percent (or 5216.5 milli~m) supported by non-ad valorem dedicated revenue s~mrces. In comparison, the f%'07 Imdgct of S523.5 million is comprised ,)f 33.8 percent 0~r SlTV.I million) in general ad valorem tax revenue anti related s~mrces and 66.2 percent 0~r S~46.4 million) m non- ad valorem/dedicated revenue sources. 'D~ fund thc I%'98 preliminary budget, an increase in thc combined I)~strict/()kccchobcc tax rate ~)(~.4 percent and an increase in the combined District/Big Cypress tax rate 0( 21.7 percent required. 'lbtal revenue available, including thc proposed tax increases, totals ~413.0 million. Tax levies arc set for each ,)f thc two basins within thc District, thc (3kccchobec Basin, and thc Big Cypress Basin. This rn~c is l'~cn combined ~wcrnll District rate which dctcrmincs thc milla~c bc assessed up~m property ,)wners within each basin. PRELIt'II flRY FY98 TflX RfiTES Oko~c~5obee Bt~in 0.338 -- Evergl~des Restoratioa 0.100 -- Big Cypress Basin -- 0.303 Dis tn'ct 0.284 0.284 Tar Rate* O. 722 mills 0.587 mills Re/,res'eut~ ribou/ 72 cent* and 59 ~z~. re.,[,eOu'e? /wr $ I. 000 oj'ta.v~;bh' t aiue. As in thc past three years, {>nc-tenth ~f a mill (.100) of thc District's ()kccchobcc Basin mllla~c. ,~r approximately 526.2 million, is dedicated tr, thc l~vcrlzladcs (~mstructi(m t>r~qcct. (5>sts as~, ~clart'd with implementing thc t{vcr~Jadcs C(~nstruct~tm past ten years can hc found ,)n thc (r,ll~wtng · .. ,.-., '<,' · t.'. PRELIHitlflRY?FY98 BUDGET Olocratin~ Capital Debt Service TOTAL $206,456,348 199,547,974 7,866,097 1.13 ~'axe$ ~ Bo~get TEN-YEAR TAX MILLAGE HISTORY 'l't~c ~raph bcl,,w depicts thc District's actual millage ratc-s (,vet thc past nine years and thc [~'0~ pr~q~,~cd m~llagc rates, lt'dc~,~nstratcs ht~w thc District has maintained a c.nst:mt millage rate fi,r get, crud .~crati~.~s wbdc dcdlcatin~ sp~'cific p,~rt~ns ~ its millage fc,r distinct purposes (i.e., j(vcrgiadcs (~nstruct~,~ J)r~lcct. .Xltcr~a~vc kX'a~cr 5t~ppls"Pr~)lccts, Watcr Rcs(~t~rcc l)cvcb)pmcnt Pr,~ccts. a~cl Critical Rcst~)ra~i,,n Pr~,)ccts). AD VALOREM MILLAGE RATES District ~ Basins FronJ FY89 to 2:'Y98 0.6 0.4 O. I []D Dislfict/Oke e c h 0be e ·DistricffBCg r~l.~.lt Wtr Supply Proj ~Crit RestS'Ir Res Der Pro~ ~BCB Cap Prol 1.14- rox~s ~ l~ud~t IMPACT OF TAX INCREASE There arc two basins within thc District -- thc Okccchob~.c Ba$i~, which sp~ns most o( thc Distnct, ~nd thc ~iff ~res.~ ~Ma, which includes a]l ~1' C~fllic'r and p~rt .~ Monroc counties (sec m~p ()ri parc 1.9). Separate tax Icvics arc set for each basin. Thc average :mpacr u( thc l)tstrict's I%'98 preliminary b,~d~ct (,n a h,)mc(,wncr with a honlc assessed ar 5125.~ lcs~ :t 525J~ homestead cxcmption m each Thc District's enabling lcgislatir)n limits thc combined District-at-large and basin tax r'nillagc for each of thc t~'o basins to .8 mills. Thc state consurution limit is slightly higher at mill. ttssesse~l Value Less ttomestvo~ Taxable Value $125,000 25,000 $100,000 O/f££¢//OB££ Proposed Fla)8 T~x R~te District & Okeecl~obee Basin ¢YPR£SS Btl$11t Proposed FY98 Tax Rate District & Big Cyl>ress Basi~ Adopted FY97 T~x R~te 0.587 $ 58.70 1.15 BUDGET PRIORITIZATION PROCESS thc l.)~s'trict s internal reenvinecring ,.:r,,up. wa~ directed to dc;'clop a uscr-frmndls', cfficlcm budget prioddzat,,n system that ensures effective collal,)ration, alignment with thc t~rg:mizatitm's mi~i~m anti strategic plan. and crcdd)lc and .&fret cv:duaung <vcral different dccisirm- makin~ tools and mc~hods, thc rccn.mnccring group recommended using a process known as ('t/hO ,.D;aS,sis (MU:X). Multiattributc L;tiliw Anah'sis ;s a decision-making method used to evaluate strategies and pr,mtizc multiple activmes, h also .dh,xvs fi~r thc c~,mhmation of different (and om~pcdn~ type, ,,t ,,bicctix'c, into an overall mcnsurc of proicct value ~r benefit. MUA has proven aucccssful at ino~rp,,rating numerous alrcrnauvcs, varying technical judgments, and unccrtainw. This alh>ws dccis,m-mnkcrs to make consistent, .md rat, mM ch(~iccs thnt maxm~izc prolcct success. Usin~ Mt/A, pr~,icct managers can assess programs ami decisions based on a combination muhiplc aims and oblcctivcs. This is especially useful for om~plcx prolccts, where the product of a given <~utc~mc is a functl~m of technical success, cost, human, health, ami cnvir(mmcntal impacts. rc,~u];10 ,I x' cc,m pliancc, and rcliabJlhy, among ~,thcrs..-Xn example would bca watershed planning tiff)rt, where decision-makers Il%IV need incorporate thc input of muhiplc ,takch~ldt:rs as well as technical constraints. MUA is often a three-part pr,,ccss, wherein participants: Develop a value hierarchy tn est~hhsh ,'ntena D~ne performance measures to 3termine how weft each aOernaff~v meel~ ;uzce.r; cm','em'a; ami t!stabhsh value weights that ,nai~ e.xph'dt tmde- ~/~ betu'ee, Pr,re'ct managers frequently have bctxvccr~ a rmmhcr of o,npetin~ pr,qccts. With n limited am(~unt {)( tlmc ;~rld rcs, tortes, they can ~)nlv unplcmcnt ~hc m~)st prc,rnising r)r prr)ducm'c ['smg prionuzation techniques, managers can analyze pr,)lccts according r,~ :~ standard set ~t' eretria. This alMws them to compare projects against cach other and establish a rank ~rdcrm~ of .alternatives..-k better priority system aclqicvcs better quality dcciM,mt. effective usc of limited :cs~urccs, dcfcnsibili~', and enhanced org~m~n:l,>;x.fl c:rcchbdw,. REVI ,ED MISSION STf:iTEMEHT Thc revised :M~ssI(m Statement (sh{pxn below) is .m integral part of the overall budget phil()sophy and structure. The theme, inherent in thc revised m~ssion ,,tatemcnt, is that thc District should carry out its responsibilities as doers at the regional level, and facilitators or catalysts at thc h)cal level. Thc District's role at thc local level will center ~m provicllng Provide stewardship of regional water and related land resources: · Stewardship implies trustee role · Doers at regional level; facilitators/catalysts at local level · Meet the needs of the present generatio~ w~'thout compromising the needs of future generations. Ill 'l ~' I 1.16 technic:d expertise and gn..dance fr.m a rcRu)n;d planning pcrspcctivc ~,'ith an crc to ensurin~ c,ms~stcncy, with mulUcr)untv rcg{ona] plans. Thc rc~i~a] versus ]~')c~ ~cmc was one r)f ~cvcrat fact,,rs considered in rnnkin~ thc list ¢~f ~rogram~ pn,iccts, products, and scrvzccs Mcnuticd during thc rethinking ct'f~rt. Tho~e items viewed a, m~,rc rc~i{mal in nature ranked hiKhcr thar~ th,)sc FYS 8 BUDGET PREPARATION Thc l)lstrlct began its FY98 budget dcvch)pmcnt pr{~ccss on l:chruarv 2, 1997. Department program managers ~vcrc instructed to om~plctc their budget submission~ by April 15, 1997, using, a programmauc, rather than department, budget perspccm'c. From April 25 thru,ugh May 2, thc Budget Office conducted dctailccl tcchnic:d reviews with each department. From May 5 thrtmgh May 21, programmatic budget rcvic,x's began '4'ith thc Budget (')fi]cc, thc Dcputv Exccutivc Dircc:or, and program managers. From May 29 thr.u~h June 2, thc Budge, ()fficc hctd meetings xv~th thc Exccuuvc Dirccu)r, Deputy Exccutwc Director, and program managers 6~r a final budget review of priorities, rankings, and tradc-.ft's among programs. ()n June 12, thc prclirninary budget was submitted tr~ thc (;(wcrnin~ B~mrd fl}r rcvciw. GOVERNING BOARD GUIDANCE The senior staff held a retreat in Naples on . anuarv 29-31), 1992' to receive direction from Board members on thc District's budget priority process. lssucs discussed were thc District's rethinkin.~ and rccngmccnng cffi>rts, thc District's three-year financial forecast, strategics for funding new and expanded miuativcs and a discussion of thc rating/ranking prl(mnzau~ m process. A second retreat was held at thc lx}xahatchce Preserve Nature (.'enter {m ,.\pal 15, 199-7, to further refine/discuss t'-5'98 budgct issues, dcvcMp a framework for F'Y98 budget development, and further discuss thc budget prioritizati~m process. On July 2. a third '.vorksh,)p ~vns held w~th (;o,.'crning B~,~rd t,~ rcv~c'x' thc [q")~ r)r,:hn~mitrx hud~ct in m~rc dct;M hotS>re strong i,r~,?~,cd rntcs f,~r p,~rp~,scs ,,f Truth-m-.Milhmc rcquircmcn.s at their rc~ularh' scheduled mcct~n~ ~r~ [ulv ItL 199-. FY98 PUBLIC FORCIMS In addidon t,, thc District's ~ntcrnal budge: development process, clcvcn bud.act f,)rums ,*'crc hem throughout thc District's l()-o,untv lur~*dicnon u) pr~wicle thc public with nn ~,pp,artumry t~, di~c~s, l~cal issues anti o,nccrns pn,r t~ bucigct 2d~)pt,,n. In addiu,n, thc tYrums providc'd public input and feedback to (;~,vcrnlng t3~ard mcmbcr~ anti ~cmor staff regarding h<al issues. THc fi}rums '4'crc hckt ir,m~ 51ay 12 to tune 19, 199-in thc follov.'ing Iocauons: ()kccch,fl~cc. Kissimmec, Port St. l.ucic, Clcwiston..Miami, H,)mestead, F(~rt l.audcrdalc, Kev C~)l,'mv Beach. l:~rt .Myers, West Palm Beach, and Naples. BUDGET REVIEW COMMISSION In addition to these external and internal processes, thc District's (;ovcrnmg B~mrd als~ created an ~)utsldc inticpcndcnt Budgrt Review in May 1995. 'I%is Budget Review (Jommlssl~,n presents thc G.verning Board with input from persons outside thc District, ~,n thc District's and related pr,~grams and proiccts. Thc composed of individuals fr, m~ thc private and public sector and each appointed by Board mcnabcrs, pnwides Governing Board members and cxccutwc staff with constructive ideas and recommcndaUons concerning business and management pracuccs. Thc present Commission mccts monthly and provides input/gmidance on such items as thc IG'0g budget process, thc bN'crgladcs Construcn.n prr)lcCt, anti thc [3~strict's rccngdnccring of thc pr~,curcmcnt and contracting process. ] .17 STATE GOVERNMENT REVIEW Under Florida Statutes, thc District is required submit, by :\ug~st 5 f)f each .','car, its proposed budget r,) thc C;,~vcrm>r, S~ate l.cgislnmre, ~cl Department of l:.:wm)mncnr:d Pr{,tccmm (DI(P) fi)r review: Thc l.cg~$1aturc and 13}:.P have until September 5, ()f each year, to provide thc District with their comments. The (;()vcrnor haq unnl September 16 to voice any t() thc prop(~<cd budget. During this petit)d, a series recounts and prcscnta6ons arc scheduled bc~'ccn thc Dtsrnc't and st2~c government t{) discuss issues and c(mccrns pcrt:~mmg m thc District's proposed bud~cr. 1.18 odget D v ioptn nt Calendar FY98 BUDGET DEYELOPMENT SCHEDULE Timct?amcs and Timet'~blc t~roulffh Final Bud,,et Adoption 16G 2.4 Fcbuary.2 - 24 Fcbruam' 2o, - March 5 March ~, - March 25 March 13 March 18 March 2'7, .March 27 -A)ril 3 Xpril I April .~ .tpril IO ~,pril 15 ~,'eck of April 21 April 22 .~l)ril 25 - Ma)' 2 May5 - May 21 Ma> 23 .%4ay 12-June 19 ~l:t) 29-June 2 June 12 Wcck of June 16 June 30 juh 2'" August $ .qugust 13 & I ~ August 21 & 22 Au~st 27 September 5 Scptcmbcr 8 September 10 September lb Scptcmbcr ~3,,, , Summar,,' Sheets. >lain & TnUn Pro cr~ on u.,,e of ~.3U[ll i :ill l)istncl t)rogram~acti',iUcs '{;oilcmingBd Meeting ( hn'tf updxde ,n hud. qet dc,'u/,,/,,,wn; /,r,, e.,,'~ 8udge. t Review Commissio9 Meeting ESI(; Meeting to discuss go:il v,'cighLs anti utility [~m,,en scorc,./~ hbduulitJes into aucne;-w~de mom,. Be~in prepamunn of detailed costing of priorities (per-tmncl rcqum'n;cnt,. CO,ltV, ICL%. t'tlUlplllCtll. conunuauon millage rate), Prcparc/ths{nbu~c continuation millgac rtwc, nue ta~cL.; by l)e~l cosung of pnr?~es ?mplctcd: F~t)8 hudgct xuhm~s.~:on duu Governing Bo~d Budget Retreat anti nr, it~' of nmngs :md wt':ghtx Briefing to {;mcmor's ()~cc ~(l mher mlcrrsted 5Lllt' Bu_dget Review C0mmissi~n ,Meeting Roision cfi budgies b:t~ed m~ technical rmit'w and prel*aralion program m~deoff (hscumsion. IJahomll~c dccmsmonmlakmg of kew tmdroffs.-hmg :unu Budget RcvicwCommission. ,.. Meeting t~]~'en Public Fo~ hcld throughuut l)~stncl'x Ib-omnlx mun~ct~on [JFiA;U hudgt't rmit'w~)[ Pn(mtjtCrankJng~c,}snng ri c, /ina/l;,stmc/.u Rcncw of hnai [)raft nf I'rolx}sed Budget h~ GOVerning i~ard .Meeting-Suhmi(_t'rehm.mO' Iiudg~t,l ;o (,'1~ Briefing u (;memor's Office ~d p~her i9tcrested statc ~t.:dg~t,Rc}'iew Commis¢,ion Meeting ~'98 Governing ~d B~dget Governing Bo~d Meeting - A'~'ieu' t're/imma ~mrd; scl/'ro/x)sed Midge Rah'.v fi~r I'A'I,~/ pur/~ ~c,~' Budget Review Commission ,Meeting S~il~ Rc~mmg l)(x'ument duc to thc (;ovenmr, I)EI'. :md I,cg~slamru Governing ~;~d Wot ksho.~.cctin g Pr~cnmtio~ficfing to Governor, I)EP, l~gislalure, and Office Poliq' & Budget Budget Review', commission Me'ting O)mments due haykfrom~m.s~r,. D?, ~d Ix'gislature Budget Revitw Co~ission Meettn Public Iic~ng to Adopt Tentative ~'98 Millages Budgc~(;overning ~d Workshop (;ovt. nlor s Offict. apprm'~ .r disap. ' t)rmal, of l)istnct'~ Fh")8 Ih:(lge~ ~'~li[ !Isling on Ii=hal D'98 Millages & Budget. 1.19 Expenditures Ume F'Y98 preliminary budget totals $413.9 illion and represents a $109.6 million, ,,r 21 percent, decrease from ~h~ adopted VY97 l>udgct. This decrease ~s duc in large part to a rc'ducti~>n m intcrg,)vcrnmcntal revenue received from (cdcral and st:itc sourccl associated with thc District's I:~:d ;tCclLHS~t~,,~I program. '['hc chart below rcprcscnts thc District's prc!iminary I~udget, by program type, which totals 54 l 3.9 millit m. District-wide Water Resources total 41.7 percent ~f expenditures. It includes expenditures associated with operating and monitoring the District's flood control system, the District's Preservation 2OO('/anti Save Our Rivers land acqmsiti~m pr,)gram, l~m~-tcrm water supp}y plarmin~ inmauvcs, rc<ulatory pro.~rams, nnd baseline water resource data acqmsiti~m and analysis. Rcgitmal Restoration Programs represent 43.3 percent of expenditures and include expenditures associated with Everglades, Florida Bay, Kissimmcc Basin, and l.akc Okeechobee restoration. Functional Support Services arc 11.9 percent of thc pr()poscd budgct and include expenditures associated with overall D~strict management anti administration such as cxccut;vc inf~rmation tcchn(flogy, risk management, human rcs~urccs, strategic planning, and facility and })uildin~ improvements, l.ocal Watcr Resource and Supp,~rt Programs represent 3.1 percent ~[ thc total budget and include expenditures ass~ciatcd wi~h local partnership programs, including alternative water supply initiatives, local c~mqprchcnslvc planning, government and public affairs, mia(mir outreach. water conservation prograI~s. ;md cnvlr~mrncnta]/ teacher cclucation. More detail rc.vnrding cxpcrMit~lrcs within each pre, gram can bc fimnd in thc Bridget } lighlight and Programmatic Matrix sections of this &)cumcnt Where the M ney Goes FY98 Proposed Budget By Program Type. In Millions of Doflars Funclion~l Support-$49.2 I1.~ Dlslricl-'~ld r 'e,' ate r Resource M~t -$172.4 41.7% ReRion~,l Restoration-$179.3 ~3.3% ~:ater Resource --$13.0 $.~% Total Proposed Expendittires $413.9 Milb'on 2.1 16G 2 Revenues h.c chart below displays the source of unds for thc t'W98 preliminary budget. Thc I"X,'98 pn,p',,scd revenues and fund balances total 5413.9 million. Ad valorem taxes 'total 48.3 percent of thc t~r:~l budget,, Dr 5t99.8 million. Thc proposed tmd;<ct inclutles .icl val,)rcm '.tx increases fi~r txv~ of thc District's three basins - thc (~kcccht)bee Basin and the U, ig Cypress t?,asin. Thc proposed I/2(P mill tax increase in thc ( )kecch{~l)cc Basin will generate appr,~xm~atcly Sl L3 million in ad valorem tax revenue. Thc pn,p~cd tax increase in thc Big Cypress Basin, slightly ,~vcr l/lit"' mill. will generate approximately $2.0 million in ad valorem tax revenue. Intergovernmental revenues- revenue received fr, m~ federal, state, and/or local governments ~ represent 25.9 percent of thc total revenue budget. Ad vah~rcm and restricted fund balances total S79.3 million and represent 19.1 percent t)f t¢>tal revenues. (3thcr revenue sources include investment inc:>mc, ibc A~riculmral Privilege Tax, rcgul:n~)rv and right-(~f-xva5' permit fees, as well as misccJJ:mc()us sources including land leases, thc sale (~f surplus pr{q~crw. real estate application and title fees, and department charges. Where the Money omes From FY98 Proposed 'Budget In Million o£Oollars Taxes..$19').8 48.3% Ad Valurcm Bal -$12.0 2.9% Ag PrivTax -.$12.9 3.~% Invst Inc/M isc ..$8.9 2.2% I)cpt Charges--$3.7 0.9% Interg 25.9% --$107.3 Perm its--S2.0 0.5% Total Revenues and Balances $41.3.9 M/Ih'on Bal --$67.3 16.2% 2.2 Personne! c chart below displays District s authorized positions from the year. thr~(~gh I'%'98. There arc n() new full-rime ;,crm;mc~t p,~smons prop~scd '~s part of thc l),strict's ptch~inary I%'9s budget. Several initiatives c topi, ~'cc rcdircct~ ,iq, attrlti~ ~n mnnagcmcnt rctr:tJnm~ }l:lvg been ,.mdg~vav m ~rdcr t(~ rcm;un current level of authorized p~,siti~ms. It ~s ~portant t,~ n,)tc that ~)x'cr t}~c last four years, thc has kept its full-elint permanent cmpl(~5'cc c,~nstant ar 1.651, aides,ugh thc District's workload has not diminished, lr~ fact, thc District's activities and responsibilities have gr,~wn sigmificantly in the areas of ecosystem rests>ration/enhancement, water supply planning,, research. regulation, and mitigation. Thc Iq'98 proposcd bucl~tct d(~cs include additional 19 leased positi~ms, }~rining thc [:YgS m~ml)cr of leased p~sitiotqs t~) -4. H~wcvcr. these p,~siti()ns arc of limited durati~,~ and ,,nlv rcqui~c funding on a pr~jcct by proicct !~asis. 'I'i~us. District incurs n~ krug-term o,;~i~mcnt. t%xfl3ility, and s:,vcs costs duc t(, a less c>:pc,~sivc benefit package. District Person 1fi00- 1400- 1200- 1000- 800- 600- 400 ~o0 O- [,uth0rizedFull-Time Emplot'ee ~ tuth0rized Leased Employee 1,517 -- 1,620 1,651 1,651 1,65! L651 ne93 FY94 *Pto/ccted ~'95 ~'96 ~'97 ~'98' 1.0a d.. District Programs ~hc pr,,t~ram structure used for 1'5'98 ~.J budtzct dcvcl,~pmcnt had its {~rigin in l)~stnct rethinking efforts, wi~ich bcgan in thc fall of 1995. This pmeram structure is tee }esult of a number ~f mmauvcs including: a comprehensive cv.Hu.m~m and pru,r~tizatum/ranking of prolcCtS and ,crxlcCS; a rcomm~cndati,,n that thc orientation of tine oulccpt to a pr~grammntlC omccpt; and the ~}utcome ,~t' .t rcvised agency missi~m statement. Thc revised mission statement is an integral part ~t' thc ,~vcrall budget phil~s~phy and structure. The H~cmc inherent in thc revised statement is that the District should carry out its responsibilities as "&e," at thc regional icvcl, in keepmg with our role as rc<u~n:tl ,a'atcr rcs~urcc mil~q,lgcrs; and "~zct'///a~r or Ir~cnI level will center nr,,urxl pr(;vidmg tcchmcal ,:xpcrtlsc and guM.moo fr~m~ :~ rcgi,mal pl:mnin~ perspective, with an crc to ensuring oms~stcncv with multi-c{mnty rck,4onal plans. This re~onal versus local theme was , ,nc ~,f thc factors considered in ran~ng thc pr,,grams, pr~jccts, products and services identified dur,nK thc rethinking cffi)rt -- those items viewed as m~rc ilaturc ranked higher then h ,cai in This program structure distract cntcgorics. Thc chart bcl{~w displays these categories and thc programs cont:uncd within cnch. linch ~)f thc District's many activiuc~ and services arc categorized in these program areas t~achcatcgory i~cadcd by a Ala/ot Program ~ea r. rhc If q) level) followed by programs, program clements, ~nd ncuvitics. A complete l~s6ng nf th~' J)istr~c~'s pr~ram structure and cxpcnditurcs ass~o:~rcd with each can bc (~mnd in thc programmatic rnn~r~x scct~,m r~f thi~ DISTRICT PROGRAM STRUCTURE I. ~d/|~t-wlde w~t~ Mgt Programs 16G 2 · PROGRAM EXPENDITURES $300 $250 $200 $150 $100- $50 $0 FY97 Adopted FY98 Proposed []District-wide WRM* $271.7 j $172.4 ional Rest. $179.6 j $179.3 C3LWR* & St, $26.8 . $13.0 ClFunctional Su $45.4 $49.2 Total Expcnd/tures: $523.5 3[illion $.113. 9 Prfiflion 7ht~' ct,x~rt shou~, the propased b798 erpenditure~ by. ma]or program area m conlparv,~)n to lbose Jbr the (~b~pted t.~ ~1 ' ht.tgeL Each of lhese program areas u'ill be d~vcu~ed itt gr./er detail lbroughoul Iht7 st~:tio,1 o/the Budge! m 2.5 MNNN £M£MT PRO RRM$ is m:u,,r program area includes all programs and their clements, projects, and sc'rvlccs which arc ~' .tss,~clatcd with thc District's Preservation 2000 and Save ()ur Rivers l.and ;\cquis~tJon Pre,gram. and maintenance ~( thc reg,6onal t']r~od control systems, ',vatcr management pl:mnitLu and Implcmcntati~m, regulator.F programs, and district-,,vidc ,.rater resource data acquisiti(m :~nd :malvsis. WNTER RE$OORCE LNMD t;¢O01Ti$1OM/ MfiMN EM£MT (rote/Program Cost = $64.5 mil~ion) (FTEs = 72) [NTRODUCTION n 197';1, d'qc [:h~rlda l.cgislaturc enacted hc .Y~n.e (),vt tQ'tvrf (S()R) pu,gram. Thc IcgisJati~m created thc k~/atcr Management l.ands Trust [:und ~VMI.'FI~ which rrccivcs revenues fu~m thc' documentary stamp tax and is administered by the I)cpartmcnt of t(nvir~mmental Protection ~[~p)~ pre,gram enables water managcmcnt districts t~ use monies from thc trust f~nd for the acquisition (~f lands necessary f-r water management, water supp]); and thc c~mscrvatum and pr,~tcction ()f ~'atcr rcs,)urccs. Thc l-cgislaturc also enacted thc Preservation 2(~11~ (P2(X'I0) /",ct in 1990. Thc act creates the I:hmda Prcscrvauon Trust Fund which is also administered by thc DI{P. Through the issuance of bonds, P2000 is designed to raise S3.(I billion bv the turn ~f the century for thc purp~sc of acquiring lands for conservation and recreation purposes. Together, the state's five water management districts have purchased thousands of acres of important v;atcrshcds and cnvir~)nmcntallv scnsMvc/antis. Thc state and water man,~gcment districts remain c()mmittcd to preserving lands that arc kev in rcstoru~g a0d m;unt;tining larger regional ecosystems. Through thc 5,{)R program, thc D~strict has silent appu~ximate)y S447.0 million it)acfluirc 3l i,4()('1 acres ti, o,nservc thc rcg4,m's water rcs,,urccs as well as prf~rcct its water supply (sec S()R ~:cncral h~c:tti~m map ,~r~ thc fMl(,,xmg page). '[%c 1)i.~trict '.vii! much o( this land t~ restore thc ~rcatcr Kissimmcc Rivcr-Okccch~bcc-Evcr~lndcs ()( thc total tG'gb preliminar,.., land acquis~ti,n/ mamxgcmcnt program )udget 90 ['wrccnt appr'~xm~atcl7 $58. I milli.n is pr(~p(,sctl f~,r land acquisiti(~n. Thc largest parcel pr~p, ,sc'ti f,~r ~>urcha~t. ~n [:'Y98 is 550.6 milli~m fi,r tCast C,,.,s, }~t~ft:cr [.arid Thc ftast C,,as~ Buffer is a series ~f publicly and privately ~,xt'ncc] lands gtretching fromm cc'ntr~d Palm Beach (]e~unty tt~ Daclc Count'. They arc adjacent to thc Icvt:c separating thc (Smservauon Areas O~>m urban dcvch~pmcnt. Thc buffer pr~vides multiple benefits t>~rcme~st ~d' which is environmental enhancement ~f thc }(vcrgladcs, {oll~wcd hy ground~'atcr recharge.. l.and stewardship is another imp~rtant clement of thc program. Funds are proposed for management, maintenance, and capital improvements. These funcuons include habitat protecfi~m and enhancement, prescrihect burning, environmental monitoring, and public recreation such as hiking, camping, and horseback riding. 2.6 16G 2 Bullef P~?erve L o, ux, ~ke Lizzie U r ~'>- J ~t~ . J Prairie Nun Fmhe,d~ ..... J ('reek Six Nsile Cypress CH^I~LOTT[ Tv,,,rdve Mil,r' (;1ades · L and Mi~i~awm I~:mking ~t~c ?r,;~ram. Thc g.al banking program is to identify, pc.rn]it, ecologically rcst~rc, manage, and monitor thc District-owned banks. Thc \Vatcr Resource l.and Acquisition/ Management l)ro~,ram is c~m~posed of thc following major activmcs. Ple/or Rctivitie= L~nd Acquisirion Stewardship o£ SOR Lands Land Disposals 51iti~*ation Ban\inN ProA, ram ~upport EXPUINATION OF FUNDING INCRF_A~ES/ D~cnz4s~s FOrt FY98 Ad Valorem Funds Thc preliminary ad val, ,rcm b,dgct pre,gram totals S5.9 million, which is $2,958,047 IIll.G percent higher than t-5'97. This increase primarily due to the I"5'98 pr.p~,scd land purchase Ten .Mile (]reek Water Prcscrvc .'\rc:i--a Critical Rcs~,rndon project. This prf)lcct is :q>pr~×imatcd 52.5 million. Other Deal/cared Source~ Thc preliminary "(')/her De&va/ed .S'ourcer" budge.: th~s program ts 558.6 million or 66.1 pcrccnt I~,xtcr than [%'97 levels. rc,{ucu~m in Federal Farm Bill revenue t'~)r thc I-:asr tst Buffer land purchase as c, mlparcd tr~ In t,)tal. (i.e., all funds o>mbincd ---h,M~ ad x'ah~rcm ;tnt{ ~thc'r dedicated ~mrccs) thc preliminary budget t',~r this pr,~gram area is 564.5 mill,m or 63.4 pcrccm less than 1:¥c)7 (sec hat chart thc right), Program R: Water Rezource Land f?cquisition/Nan ag em en t $1~0 $160 SI40 $120 $80 $fl0 $40 $2O ~0 I $1'~ I [qR6 i)thcr I)ed*:~trd 'i~mrcrsI Total { $~76.o $6~.s ] 2.8 2 FYi7 PRO.RAH INITIATIVES The District's Water Resource l.and Acquisition and Management Program c~msists primarily of thc acc~msit~m (~t' maport;mt wate~hcd and cnvir,,nmcntaliy sensitive hind anti ~,f thc stcwardsNp ,,( d~,sc acqmrcd lands. Thc District is responsible (,,r acqumng ~uch critical water rcs~mrcc lands in fi,,uth FI,reda under thc Save Our Rivers (SOR) pr,~¢ram .md thc Prcscrvatitm 20(gl (P2(~)0) Act. As ,toward ,~t' these vital rcs~mrces, it is thc charge of the l)~stnct ,) pr, ,vMc for their protccti,m, cnhancemem, rust, minim. :md preservation for thc beneficial usc Thc t:Y')- five-year plan c(mtinucs to anticipate 5ivnit]cant c,,st-sharing with thc state nmi local ~vcrnmcnts. [ [c~wcvcr, [ll;I[I;I~C~Cg~ COSTS ~)[' Ibc Lmds acquired by, and fi~r, thc public omtinuc t~ FYP8 PR£LIHIN,,IRY ~ VAIOREH The discussion in tius section f,)cuscs ()n thc ad valorem p,;ru, m ~)f this program's overall }rYg8 budget. ,-\d ,.'ah)rcm mcrcaso ami decreases program arc associated with d~c :u:tlvmcs the table Thc ~wcrall increase m th~, :at>lc ~, pr~m.trd', duc t~ thc lq'gg pr,~p~scd hmd purcha,c (,,r (;rcck Water Preserve Area-- .~ (~rmc.d Rc,r,,rau, pr,~}cct. ~%c I%'98 preliminary budget o,nra,ns 525 million fl~r land. It is anticipated that thc rcmamm~ lands for this pro}cct will be purchased xx'idm~ txv~ years and will cost an additional 512.5 milhon. Ten Mile Creek Water Preserve Area pr~qcct, lies west of Ft. Pierce. is critical t,) thc retention (rcsh water m thc nrta. t(vcntuallv, there will bcn levied structure t(~ imp(mad ami release water prescribed schedule. Currently, :here is st()rc excess fresh water, which ~ making ~ts ,a'av &)wa thc estuary back t~ :he ,~cc:m. ']'h~ :tn unnatural mixture ,,f I)rack~5}~ water acar thc ~ccan, as wcli as wa~cr suppl5 pr,,blcm- durma ~hc dry scasr,n. In additi,,n, thc }:h'q.g prclmsmar5 budget contmns 510{¥~)(I t;)r a o)nscrv:tdon casement ,~(fsct by grant revenue FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only 1,1'71,551 4.I ~,q.918 $ 2 ~C(,3I' 21-.2 85/~ ~.:, "'.842 %5.4 51,86') i' ~' v ~6987 I, 107,21~ (~,4,345) (5.5 ! :or more t n/brmalion ,:bou! t/w [l'3:ter Resource I z:nd .. h*quisitton /.~ [,:,rq~tmen; l Yqgr~:m. ,',: nha't the Const~;~on C" I x~,:(/.~ [anqge,eent l)e?artment. 2.9 16G 2 g/xt~ict-wid~ Wat~f t~ourc~ I~.qt P~o~ram~ pROOI IqM OBM OF RE@IOpltql. FzOOD cOMTROz SYSTEMS ('Total Program Cost = $58.6 m/Ih'on) (FTEs = 606) TROD U¢ TIOI~I I').IX, the Fhmda 1.cgislaturc created thc ]cntral and S~,urhern Florida (Smtrol Project and tn 1949 created the Ccntrn! and Southern Ftorid~ Fl(,od Control District charged w~th ~q)crnung and mn:nntainmg S, mth Florida's vast water omtrol nct,,w,rk. This svstcmn, dcqgned and hullt by thc L;.S. Army (5,fps ~d [Chaunters during thc 196~s and IUvfk. pr,,vMc~ tl,;,M protection, drainage, and water contr,,I (,,r thc rcLmm. In response t,) thc changing dcm.rods and diverse ri)lc of the District. this program has expanded to include a varie~, other District inmativcs. These include biological water treatment nmi thc cctd,~gical restoration ,d thc }(vcrgladcs. '['hc expanded so,pc encompasses thc omtr, fi, and m;m;ttce protcctn)n. ,'Xs thc District m~wcs t~,'.vard ~hc Iwcntv-first century, thc nde ~)f thl, program in cnvi,'onmcntal n'.magcmcnt is cxpcctcd increase as evidenced by thc planned rcstorati, m activity assr)rioted with construction o( thc Hvcrgladcs Stormwater Treatment Areas. l~nmaril5', thc ()per;re, ms & Maintenance ~t' ~hc RcKi~,nal {:](~M (]~ntr(fl System progr:m~ omsists of activities related it> thc operation and maintenance ~>( flood control and water supply; lands purchased thn)ugh thc SOP and P2000 land acquisition programs; and other works authorized by Chapter 373 of the Florida Statutes. Major emphas~s is placed on the efficient operation and maintenance of 200 primary water control structures, 23 pump stations, approximately 1,800 miles of canals and levees, and 2,(}0(1 secondary structures which c<,ntrnl in~(~xvS fromm scomdarv sources int<> the District's primary system. Thc ~perati<ms and maintenance t}liq s,.stenl ip};l,.s an n",~p~,vt;m[ r~Jt_' IT1 cnvlr(mrncntal management ,.f 5,,,~th cc~)gvstcm. ()thor areas ,d ctnph:v,~ emergency management: righ~-~d-,.vay permit ih~LI;IRCC, ~t~(J cn(r)rccnlcnt; CfHl[;tllilrl;itH~rl and rcmcdiat~.,n; cxotlc./:~quat~c pi.~nt l]2alla[CC prmcction: clcctr, ,hies ,:c~ ~iIillit]rliC2 Thc ()&M of Rcg~mal I:l,~,d (5,ntr~d Pro,ram ~s comp(~scd ~f thc fifll,~wmg 14 nla~,~r activities. Mo/or lqctlvltlox Capital Profcct Oevch)pn~ent Contan~/n;ttion ,4ssc's.u~ct~ts & Remcdiarion . trS~tcr Control ~tructurcs StroctuPe Operations l[~ter Control Structure 3la/ntcnancc Canal~Levco 3fa/nrcz~ancc Opcr~tioos & z~faintcnancc Equ/~ment 3fainte/~a~cc Electronics/Corem unica tions & Control Exotic/Aquatic Pla~t Control ~h t-of- Way htan~gem en t Co~t~mination ~sessments ~ Remediation - Genera] GenetM 3lainten~nce Program Support 2.10 In t~,tal ,i.e., all t'unds o,mbincd --b~th ad val,,rcm and ,,thor dedicated sources) the [:¥98 prcl,mmar~ I~udg, c~ fi~r this program area is $4.8 million ,,r '.(, percent less than t'5'9'~ (see bar chart bcl,,w; Program (: O, N o; Regiono/flood Control Syxtem s~0 '//1 $4O / $20 , I SIO $0 To~ FOR FY98 Ad Valorem Funds Thc preliminary iici vaiorcm budget for this program totals 555.3 million, which is 41,776,307 or 3. l percent h~,.vcr than 1:Y97 levels. 'Fhi~i decrease is primarily duc t,, :~'ductions in capital projects and ct.J u l plt"lerl t rll;.lll'~tcllaricc. Other Ded/cated Sources Thc prcliminary "Other l )edi,'.~te,i .Yource£' budget fi)r this program is 53.3 milli~,n ~r .lS l percent h~wcr than FY97 levels. 'I%is ~s prin~ard5' duc r,, capital pr(4ccts having bccn c(,mplctcd ,,r ,nmatcd leaving thc nccct t'¢~r lets capital :n omtrol funds t'r~m thc ( )&M ,,r Re;?, Contrrd Systems J~rogram t~ of ncr such as l.akc ()kcccht,lx'c Kissm~mcc Basin Water Management Plannin<, :md }~vcrgladcs rcst~,ratu F]"'~7 PROC;RAH itV/TIA T/VE$ Ir', I'-5'97, thc prlmar7 focus ,)f thc ()&M ,)f Rc.~i(,nai Fk>(~d (h ,ntt, )i '<vst..'rns Pr(,~:ram :,.'as a,,~ [{t/urhjs/,,,'en! ~/ r, :r~,:/ ,,;::::: cr.,n:r,d f/rlt(/ttr~.r. '! ~,e.;r .rDwd,'/~rcz ,ir,' .~rmte o/ W,'ctn,',;,'. ';;n't,,.t;U,:/ /;) ,~lecham'ca/, bto/~gica,', her/;tiwta/ and ph~,sr~w/' ./ntl~;~r./e~tl and ,ot.'/r,:[ vt n;,,';am'e o'qu,:[:? pe~e/~;,,to, /hr,,t(;~hnm' cana/r, /akzs and ~4:.r et' ~'~"~' (~bntro/ et' /his z'ezetat/o, musI be rotan/re)ted/o permil the cas; natVa/ion q' u'a/e~',zy.r, pronde draim{~e and nwler abatemenI, am/at/ow/hr the unobstn¢oed opera.'on q' wa/er con/rot ;truoure.r and' pumpi¢~g.~¢d/ihes; C~¢na/attd kt'ee mazn/enance mmh,t',(g the remot,a/ and/or di¥).~nd ~/' (h'h,7's./Fom oma/ q'~?'t.r-q:wqy, .;oWl~t~ ,/ 3;'rr;, re/%;z'n,(~ ,;nd afp,'&~ches, tree re.ior,v/ and fy;air han~s /o /nc/ude /et er r'rn.Hon ,"otl/ro/ and shmt{ 8.11 -- Oi~tH¢~-wld~ Water I~our¢~ I~t l~rogram~ FYi8 PR~U~,VAm' Ao VA~O~'~ Bu~fr Thc di,cus,~,,n m thi~ section focuses on thc ad valorem p~rtion ~f this pru~r2m's overall i%'98 budget. .N,~ '. :d,,rt'm mctca~c- and decreases in this pr{~ram arc 2ss{~cl;itcd with thc activincs sh~wn m thc t'~dh~win~ FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only - ] i'~r- -g () ~1,'~ (5-.5 ,-\s previously statcd, thc ~p,'crall decrease in thi', Tiff'ftc is primarily (tuc to rcducti{)ns In capital pr~qccts and equipment maintenance. These areas decreased t~,tal bx' 55.2 milli(m, but arc srm~c~t-hat ~)ffsct by increases in water c~)ntro] structure maintenance and ex, mc/aquatic plant c~mtrol. Increases in structure ~)pcrati(ms, clcctr()nics/c~mmmnJcati()ns, canal/levco maintenance, and general maintenance arc offset by thc rcchtssificam)n ,~f expense from the program support area to these areas. [:or 1%'98, thc ()&M ,~1' Regional Fir)od fivstems l)rr~Kran~ a~am fi)ousts {)n the refurbishment ,}t' xuatcr o>nrr~)! structures; mechanic;d. Im)h>kdcM. herbicidal and physical management and c(mtr,d ,sf ]c','cc 1113Hltcnarlcc. .'\,n mcrcasc(J level ()f ct'i:~rt can bc sccn this year m thc area of cxonc plant c(mtrCd Thc "M",./.,<g/}r." ss rapidly beck)ming a menace t~ 5,~uth i:hmda'~ cnvmmmcnt and no~' threatens t(~ mx'adc thc t(vcrgladcs. 'N~is ycllowish-grccn vmc snakes ar,~und trcc~i and other plants covering them ~'ith a thick bhmkct ,)f nrro~'hcad-shapcd leaves. This blnnkct Icav,:s kills thc plant by cutting o(f ~ts supply sunlight. The most ahrming finding ~'as to discover t}~at thc fern is capable ~f growing m standing ~'atcr '4'h~ch means it can easily takeover sawgrass ~ f~)undati~,n of thc [~vcrghdcs. L'nfi~rtun~tely, there is currcndv nr~ safe ,0.,ay t~ kill d~c vine. Thc ~nly hcrbicidcs km~wn ~o kill i~ will .d~,~ kill d~c threatened plnnt. Researchers nrc lookin~ for ~ chcmib~l [h~t c~n kill.thc [crn wkhout dcstro~n~ ~thcr plums, But may h~vc to Yf~ar~ to ~ combination ~f fl(~ing and fire t,~ cont~n growth. Another possible soluu{~n w~mld bc tr~ find an insect that will (ccd ~n thc fern ~ much like the release of the snnut n(,sctl beetle t~, cnmbat Mclaleuca. t:or ,,tore inJ'ormatio, about the 0~%~,! of Regional l:lood Control .~.7ystems Program, please contact the Operations and Maintenance Department or Office 0! Go;vrnment e? Public/lffitirs. 2.13 2 IMP££M£MTtJTIOM (Total Program Cost = $25.0 million) (FTEs = 134) ~INTROI:JUCTION THe District's Water ManaKemcnt [)lannin~ J)r~),qran~ consists ~t' thc o,mplcx interactions o~ water supply, tl~,~l protectum, ~'ater qu~i~', and natural systems management pro,rams. These programs provide c,m~prchcnsivc long-range ~uidancc t't~r addressing dcmarMs fl)r ,.rater and thc ability ~,f water resources u, satisfy these demands. Thc I)istnct ~s responsible f,~r developing and implcmcnUnK plans G~r rcgi~mal water cupply ~'Mch balance thc delicate water needs o( thc cnvlr~)nmcnt ~'ith thc demands ~)( urban and agricultural users. Thc District engages in planning t~ assist c~mtics, municipaliucs, rcgi, mal ~'atcr supply authorities, private utilitics, and others in meeting xvatcr supply nc~d~. Thc District devclop~ water supply criteria t~ praefect and t:nhancc tht. cnvir~mmcnt and cno>uraKcs rcgi~mal planmng to dcvchq~ soluti~ms t,~ water supply problems. When appr,,priatc, this includes utilizati~m t~f h,cal s,mrccs, such as utility intcromnccts, rcgi,mal water supply planning, regional wcllficlds, regional ~'atcr authc~ritics ~r ,~thcr measures which divcrsi6' supply sources with<)ut addin.< nc~v (icmnnds ,)n thc rcgq,,na} ~upply ThrouKh thc planninK process, thc District coordinates %'ith tJ~c U.S. Army (~orps of }~n,~nccrs (COE) in planning to improve the Central and gouthcrn [:lc)od (~,>ntro] Prt)icct (C&S}~ to meet future flood protection needs ~'hilc protecting and restoring natural systems. Thc District provides technical and financial assistance to local governments for planning construction (~f water control systems that include soluti~'~s to existing flood control, water supply, water quality, and environmental protection problems consistent ~'ith appropriate land use planning and established criteria. Thc District desIgnates spccitSc surt'acc water b,,dics fl)r pr~:scrvation and cnh:mccmcnt thru,ugh thc Surface Water Imprr~vcmcnt and %tanagcrncnt (SKX'iM) phmmng process, and cnc~uragcs linkage surface xvatcr b~dy quality and quantity limits '.'ith l~ca] ~vcrnmcnt lam] usc dccisi<ms. Whc~ necessary, thc District recommends additi~m:d water quality limit< be cstnblishcd for surface '.x:~tcr b~ci~cs and aqu~['crs consistent ~'ith their dcsi~:na[cd u>c~ f<,r c-~m~:dcrati~)n in pcrmlt .Natural systems levels. Thc District cnc~>uragcs local uivc pri~)nty u~ implementing water c~):~scrva:~ ,n mca<ures, rcducin~ ~r eliminating adverse environmental effects that may rcsMt fr~m', improper ~r excessive ~'atcr withdraw'als. Thc I)istrict supports h~cal governments ~'ith ~cspcct to rcgulati~m ~f buffer ar~'a~ anti creation of ~'ildlifc c~rn,.h~rs. XVhcn feasible, t}~c District attempts to reCto,re m~rc natural by'tire,periods ~m tracts where drainage p;ttrcrns have bcct~ ~uhstamlaJlv altered. JmpJcmcntati~m l)ro~ram ibu Oistrict-wid¢ ~fat¢r i~esour¢¢ i~t Pro, rams LEC I~/ater 3tanagement Planning In~pIem ezta tioo ' L ~VC ~ater Management Plannin~ Implomen ta tion UEC ~tcr 31ana~ement Plannin~ In~plem co tation Kissimmcc Basin ,~Iana~cmcnt Planni~ Implcmen ta t/on H~, ~rc'ss Basin ~tcrshcd Projcct C&SF Restudy District ~'~ter 3[ana~*ement Plan Prr%,ratn Support In total (i.c., all funds o~mbincd -- hr)th ad v:dorcm and ,)tl~cr dedicated sourccs~ thc I'%'98 preliminary budget for this prognqm arca is $ 25.(I milli~m ~)r 5.1~ percent big, her than I"5'9-7 (sec hat chart to th,.' right). £xPI. AIv~ rlOIv OF Ad Valorem Funds Thc preliminary ad yah)rcm budget 5~r this program totals $24.0 million, which is 5.1,338.919 ~r 22.1 percent higher than I:Yg7 levels. This increase primarily duc to several new r)r expanded initiatives. This ,.cill bc ctiscusscd in thc [:5'()8 l)rcliminarv Budget }lighlights sccti~)n on thc f~)lh)wing page. Other Dedicated Sources 'Fhc preliminary "()/her l )rdi,'a/ed .%,roes" budget for this pr.gram is 51.0 millltm or v5.6 pcrccnt Io',vcr than 1%'97 levels. ~is decrease duc primarily to thc rcducti,)n in nc'x SWIM fundin~ t'rom approximately 52.1 milhon rcccivcd by thc U.S..%rmv (5~rp~ ,d lLngmccrs duc t,, ore, pietism of thc l.akc muck rcm.va] pr~,lccr. Program D: Woter plonogemoot plonnMg b Implementotion $2~ $20 $0 $41 $19~ $25.0 , 2.15 16G 2 FY~7 PRO{RAH INITIATIVl~S Thc I)~r~c: ~ rcsponsflflc fl~r dcvdopm~ ~nd m~p~cmcnun~ plan~ f~r rc~ma] water su~]}', man&~d by fix' 1997 Water Bil~ adopted by thc [:].rida I.c¢~laturc. 'xhich h:&nce thc delicate water .tnd a~nculnmd u,cr~..'X m;u~r milestone in J:yg7 was thc o)mplct~,m ,ff fl< draft ls,wcr }Last C,ast W:~rcr Suppk' I)l:m, 'xhich is currcnrh' out fl)r public rcVlC',v. Thc ~outh t',;~t lS]m Bc~cH ())unn ~Tatcr lks~urcc Plan &v&~pmcn~ was during 1%'97. ,'~m~r}x;r si~ilSc'arlt initinuvc was thc :ncrcasc~l cI't'~rt ~>n thc (]aJo~qahatchcc kY'atcr M:m:,gcmcnt Pi:tn ( }:ir ~}{' thc ~:l,t',,~r cft'¢~rts tmdcm';n' ~$ thc [)i>trict/l '.5...Nrmv (.,,rps ~f iSa~inecrs 7)Iht [:t .... ti ( ),l~r()J J)r, ,~cc't ((]&SI:~ r,:stu(Jv t¢~ mcct t'uturu (;,wcrnmg B(,ard ,~t' thc Dismct cndnrscd thc o mccrxt:al plan f~r thc C&SF restudy. FY98 PR£L/H/HARY ~ VALOREH BUDGET HIGHLIGHTS Thc discussion in this sccti()n t',~cuscs cm thc ad val,rcm p¢~rti~n of this program's ~,vcrall [:Ygg budget. Ad yah)rcm increases ;tnd decreases in this thc f()ll~,xving table Thc ~ncrcascs sh(~wn tn this Ltblc arc duc t~ thc ~lct ;rd val,)rcm iflcrcilsc Itl thc kVntcr Managcmcm Pl.mnm~ :md Implcmcntamm Pr, ,gr.m: ~t' mdli~,n (21.S percent). This ,nero; <c :< thc rc~ulr ,~( ,cvcr:d nc'x (>r cxpandcd piannmt: liE~l,l[IVC~ -I-nrcc :}k',C cxpJfidcd inluauvc5 arc: ,. ( ett.'.:i' JO//orunon I'row:s /:¢ ,'o S9. f Ii' U:cr ~t.rrmr,'t [)err/lC,:, ,: /)r¢,,e,W r'~ ¢. - ~ FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only l)a 13c l)d Dg D: Dk Dz Water Management Plannin~ I.EC ~.X:atcr M:magcmcnt Planning IA~'C ~'atcr Mgt Planning L;EC kX':,tcr MEt Plarmin~ Kissimmcc l~lsin ~X'atcr .Mg~ I% Big Cypress Basin XX'atcr Mgt Pin C&SI: Restudy } I~ dr,l,)g:c ,Xl, ,dclin~ I)is~rict kX'n~cr Nlk~ Phnning Mis,immcc c]~.un ()f I.akcs Program >upport S 5.C3,43(I S 3.771.12u 1.172.462 2,(,fl(,.228 555.2(~4 1.{~42,v46 2,131.5C t4 a ,96f) 1,2g~,541 I ,U83.834 7.249,586 S 1,Y76.150 23.4 5,169,921 1,3')8,~,~ i I 37.1 1,013,61 () (158,843) (l 3.5 1.121,458 ( 1,544,- 7()) (5?.9 190,10g (365,156) (65.g fi,3( 18.879 5,2~6,1 '~.~ 1,741.763 43,321 (45.6 () /1,28-y~1) 1,173,416 8'),582 8.5 'l'hcsc ney,' and expanded initiatives, coupled with incrc:~s~ng cash and staffing requirements for the C&SI: restudy cost-share program with the U.S. Corps ,ff [';ngincci's (totaling $5.3. million), represent significant funding challenges' fdr the District to remain within existing millage rates. ['~r more informattOn about the IF'a/er Manaxement l'lmmin, g ~~ Implementation pro, grimm, p/ease contract //,r IVannin, g Department or the Office of (FT£s = 1 $9) ~NTRODUCTION li~ l),*~r~ct's Regulation Program c~msist~ vari~uS (unctiona] clements that usc pcrmittinE, development ,~f regional impact/ sitinR/'coastal z,~nc l~3:lll~ClllCfl[, 311d criteria dcvclr~pmcnr supp~,rt. Thc l)istnct's pcrmitd ~g pre,cos* involves many o xCrdinatcd pcrmircomp tncu pcrmhadmmjr, tranon.(;l¢and daL~ n~an~pula~ ~m, ~n,t (urrhcr rulcmM:in~ decisions. Thc Rc~ulamm Pr,,gram als~ involves many funcmmal supp~,rt c(h,rrs fi~r lamt development plans: cnrading pr,)lCCt rcvJcw :tHd admin~stratirm, wetland dctcrminatlcms, recta,tm tion r~t' s~wcrcign submcr,uc hinds, and lcg.d ':'he permit engineering soumtncss that pnwhtcs a balance f,,r t~,.>d pr,,tcctlon, water qua ltv. am] thc cnx'ir~, ~ llcrlf .'~dvanccd tcc'hnuh)gy Uslrlg ( ;IS appl c ~t OhS and mot]cling sot%yarc Thc Regmlati,m Pre,gram ~s ore,posed ~n' thc ti4M,.ving five major programs: Mo/of lctigitle$ Env/ronmental Resource I>crmittin~ ~;'atcr Use Pcrm/ttinf~ Impact/S/tin~*/Coasta/ Zone AIan a~cn ~ cnt Criteria Development Support Pro,,ram Support In total (i.e., all funds c,,mbincd - br,h ad '.'ah~rcr':l and other dcdic:m:~l s~mrccs) thc [:¥9H prclimm:~ry hudgct t'()r rhi, pr~ram ,u'ca is 51 l.(~ nuili,.~ ~r 5,1 percent hrghvr than in 1;'3'~;- (sou I~,~r char~ ~m thc (,dlr~wmg pave}, 2.18 Program H: Re 2olat/on I $2 $ (J £XP~NATION O~ FUNOlNO Ad Valorem Funds Thc preliminary ac] vak~rcm budgct for this program totals $11.6 million, which is S595,731 or 5.4 percent higher titan in VY97 levels. The Increase is primarily asst,ciatcd with a 5257,500 grant for wetland b~mndarv and c~mscrvation casement digitizing. '['hc relatively stalqc buclgct is ~luc to thc c~msistcncv and "Otl.~O/~{~" tlrlll<r; Of this pre,gram. Other Ded/cated $ource.s There arc no "Other Dedicated 3'ourre?' funds allocated for this program in F'Y98. Traditionally most ~f this program Funding comes from ad valorem revenues and permit fees, which are deposited in thc 1)istrict's general fl.,nd. F}'"~7 PROaRAm INITIA Ttlff$ Thc District's Rckmlation I)r,)gram and thc services they pr.vide t~ b.th thc public and private scctc)rs arc :t vital c(.np{,ncnt t-,~r thc prcscrvati~n and m:magcmcnt ,,( District lands. Thc continuation ~d' thc [(Ilvirt,nmcntal Rcstmrcc l~r~gram clement mcl,.Mcs thc srudx t~f pr~?~scd changes t~, surface water the rulcmakmg pr~mcss. 'I'lnc~c (tccisi*ms arc based ~m c(mccrns raised by thc }(nvir-nmentat :Mtvisorv (Sm~mittec and (;(~vcrning B,~ard members. Pcrnmting Prr,gram m [:h'07 ir~cludcc] thc Ix)'&'cr }Last (Smst, l'ppcr }Last (7~mst, and KJssimmcc water usc basins. ~D)accomplish th~s effort, '4'ithout increasing staff, several rcchn,,h)t:ical advances ,n data pr()ccssmg were deployed in ~q'9- and v.'ill c~mtmuc t~ bc mHqcmcntcd in lq'OR Thc Rcgulat. m l)cpartmcnr bold 'lkrtrr:O' [FSter,~lan,<geme~/ S rs/em ,'[u'are,es.r ,vnd .~ Iai,rte,ante ]{tcoz/zm.onda/:o,; .~'em~m:/' (r ~t h c ~v~ sc re&fred to as "Knou' the l'7ou~') t- help inform thc public of the District's responsibilities c.ncernJng water resources and how people can help keep thc environment in n sustainable equilibrium. 919 · ~k~ka ti. /r}'98 PRELIHIiVARY AO VALOREH BUDG~i' Thc d:scuss.m m this sccuon focuses ~m thc ad ','ak~rcn~ ['.~rtJon ~ir this pr~gram's o,,'cr~]l ['~'9N budget. .'\d vah;rcm mcrcnscs and dccrcascs'm this program arc ~ss~ciated with thc activities shown in thc mb]c FY97 to FY98 Program Varlan¢~ Explanations Ad Valorem Funds Only $ 6.877.154 5 ".g69,19~R $ 992,{)44 14.4 2.9~19.488 2.923.7{ >4 252,41 g 258,045 6.22'~ 2.5 962,164 545,408 (416,756) (43.3] Thc slight lncre;tsc .: thc t:'1'98 prop~scd budget vs. thc t:'/97 :ttl,,i~tctl budg[ct m thc Regulation Pre,gram ~s dt~c r,, thc Incrc:t<c net ad vah~rcm of 51).6 milli~m (a 5.4 percent increase m ad val{,rcm fundin~ alh~c:ttcd fi~r this t~r~L~ram. This program inchMcd :t signlficnnt increase t'~r Env~rtmmcntat Rcs~mrcc permitting, which required 5992,044 of addi6onal iunding. This increase is it, omtinuc thc permitting pr~,ccss :md Gnd tcchnoh~ical upgrades and is largcty ~f(sct hy grant revenues. ¢, 2.20 D/strict-wide Water Resource i~l~t Pro, rams i~TER RE$OIlRCE l~RTtq tq¢Odl$1TlOH (Tote/Pcogcam Cost = $ 7£._~ m////oa) (FT£$ = 737) ~NTRODUCTION - ~h¢ primary function of the \Y/ater ~"~...~ Resource Data Acquisirirm and Analys~s database management, r~urinc data rcportin~, and data cx'aluatir,n acuvitics. Thc pr~;gram providcs hydr.l,'~ic, mc~c~rologic, water qunb~', hydrogo~l~g~c ~i.~ta ncciuisitl,m, tat)~rnt.ry analysis, cl~ta quality o,ntr~l, d:ttabasc raanagcmcnt, technical rcx'~c~ anti c-nvlronmcnt~J ~sscssmcnr. Thc acqmsiuon ami analysis of dam inJcpral componcnt or thc District's mission. ~ter management, operational planning, and scicntific dccisi.ns can not be made without 2ccLlr~tc ,'~dditiona] rcsponsibiJJtics include cv~iuatin~ tt~c status ~( ',rater resources, including grt)undwatcr qu:mrificati(,n using three-dimensional gr.undwatcr t]t~w models, and surface water storage calculations and projcctions. The pr,)gram provides timely and accuratz data. rcports, and tools for evaluating scientific anti cnLdnecring issucs to support District- widc research, planning, and rcgmlatory cffi~rts. Thc Water Resource Data Acquisition and Analysis Program is comp.sod of thc fi)Ih)wing five mnjor pr()grams: Ma/or Rctivitles Hydrologic Monitoring Water QuMJff Monito~nff Hydroffeolo~'c ~lonitorin~ Dat~ Evaluation Reportl~ In u,tal. (i.e., all funds o..nbincct -- b~)th ad vale)rcm and (~thcr ctcdicatcd .',,)urccs) ti'~c tq'9~ preliminary budget (or this pre)gram area is 512.3 mil]i.n 1.6 percent h)wcr th~n [:YO7 (sec b~r chart 2.21 P'rogram K' Water g~$oLIr¢q Oot(z fCr~/i¢ition ~ Eina/y~i~ FYi)? Ptlo~I~AH INITiA tlVt.S EXtMANA TIO*,' ,~' FUNDIN(; ~I~('1¢£ ,1.~1~.¢,/ F~8 PREUH#VARY ~ VALOREH BUDX;ET H/GHL/G~S Thc th~cus4on in this scction focuses on the ad yah)rcm portion of this pro~ram's ~vcrall I:Y98 bud.~ct. ..Xd yah,rcm increases :md decreases in this progrnm arc ass~ciatcd with thc activitic's sh..wn in thc t'~dlowlng FY97 to FY98 Program Variance Explanations Rd Valorem Funds Only "K" -- Data Acquisition & Analysis Iga t~',tlr~d,.~c Nbmiv~r~n~z Kz Pr.~gr~m Supp~,rt $ r t1~.223 5, ( 2';1.()3- $ (26,1gr,,> 975,486 798 525 t I 76,961~ (lg.l Thc overall similarity in this rnblc fr~.n l:Y97 1"Y98 is primarily duc t,) thc "basd' and "0n,~0in,/' nature ~f t}'qs pre)gram. This pr(,gram c~mrains thc base in~mitorm.t,, activities I'~)r the District. while cxpandcd m~.~it,mng for specific pr~jccts and ,.vatcrl.~dic5 is reflected in each specific program. 2.23 ~"/hl', pr~g, ran~ area mc~luitcs ;ill pr~.l.r, rams clements, projects, and their and services ~rcl,ttcd tr~ thc maF)r District rcgumal restt)rati~,n programs - I~vcrgladcs, }:lorid:~ Bay, Kissimmcc Rwcr. l.akc ()kccchohcc, :md maF~r pr~)~ram administrati~m. This includes all plnnning and rcsc:wch cfG~rts PROORfiH B: EVEROi. fiI~E.f RE.fTORfiI'IOlY (Total Program Cost = $130.7 million) (FTEs -= 708) ~NTRODUCTION ~'~"~ h,r)d:~'4 F'~x'crglades is thc largest el (,'r~J.f;" omtams a dix'crsnv ~t' plants and x~ildhfc not f'r)und ;mx~vhcrc ctsc in th~ United States. m{)rc than a century, man has altered the ecosystem provide fi;r thc development o{ a growing population, fi~r agriculture, and to protect against dcadh' hurricanes nnd dr~m.~hts. T, Mav thc }:.x'crFtl;Mcs ~-a(:cs critic:ti challenges a rcsuh ~)( more rh,m 10() years t)l- changes. l)hosp}~{~rus-cnric}acd agricuhural st{~rmwatcr is upsetting thc co,system's delicate balance. ()thor threats include changes in thc quantity, distribution ;nad timing ~f t'rcsh water; infcsmtirm of non-native plants; mercury accumulation in thc tissue of s~mc Everglades fish, birds and animals; and a reduction thc size of thc lgvcrglades marshes. Thc l::vcrg'.;tdcs F~)rcvcr Act pa~scd by thc I:h,rida l.cgislaturc in 199.1 established pr{~grams essential to rcst~rc significant portions of thc }~vcrgladcs. ~c t(vcrgladcs program is the ~mth I%rida k~htcr Management District's ptm for achieving thc requirements ~)f thc [~vcrRladcs Forever Act. Thc t:.vcrulades Rc'~Ir~r;m~)~ Pr~!,.rnm i~ c,,mp,,scd ,~f ~hc f~;ll,,,,vingt ~,cvcrl m:l!t~r acuvlties: No/or Fver~,lades Construction Prelect Research and Data Collection ~fana~emcnt az~d Cooed/nation (/m'/ude~ nom[:(TP Fer~i~ m~;m'/om{~ and lfvcr~lades lVorkx o/' thc D/strict Perm/ttin~ Exotic Species Control Stormwatcr Deatmc~t Areas Program Support tn :r,tal (i.e., .ql Funds c<,mbmcd -- b~,th .ltl ','ah>rcm and other dedicated st>urccs) thc 1%'98 preliminary budget fi~r this program area mdlion or 15.5 percent higher than l:Ygr (sec hat chart ~>n thc fi)Ur>wing p:tgc). 2.24 Program B: Everglades t~extor~tion Sll ~ I I:'XPL4~ArZO~ o~ Fu~oz~o O~CR~.,~Ses FOR FY98 Ot/';er /)ud/ca ted Sources '2 2F F)"t;}8 PRELIt, tlN,4RY Al} I/ALOREH Buoot~'r H~o,t. tt;to~ The discussi~,n in this section focuses on thc ad valorem portion of this program's overall 1'W98 budget. .\d val,~rem increases and dccrcases"in this program are ass~clatcd with the activities sh~v,'n in thc following tabh:. FY97 to FY98 Pre. ram V=rlc~nce Expl=rmtlons Ad Valorem Funds Only "B"-- ~vergladea Re~toradon Ba - }']vcr[lade~ Conserucucm Prolccts Bb - Research and Da~a ( Bc - Mar:aucmcnt & Bd - ]ivcrgladc~ [V~,rks (,1' thc I)lsrr~cr Bt'- St.rmwa~cr 'l'rcam~cm Bz - Proh~am Support 13.1% Sr~ 5 I3 ')8) (V~O) q()~ ~'7,", I 3,6'~8,47~ 2,6(,:,,21):~ '~ '~ 1,10rL.3:(, 947,571 (242,8()5j, (20.4 ')49,73 ~ 6~g,7(,4 (3oI.969) (36.3) ~1 94,892 94,892 1~.0 Thc $3.3 milh(m net increase sho,x'n in t})is table is due t~ requirements associated with the }~vcrgladcs Restoration l)rr>gram. 'l%s pr(~gram includes increases t,t' appr*~ximatcly 51.1 million tbr ~34 permit compliance requirements; S9(X'),(X~) for S'I'A/I~NR research, m(~dcling, arm mormoring; 585(),{Ng~ for mclMcuca control irx thc %TAs (which is of get by addifion~ revenue from fedcr:fl sources); 52{~),~KI for mercury screemn~ and $270,1~X~ for monitoring outside thc boundary of the Everglades Construction Prt>jcct in accordance with thc }(vcrglades V, wcvcr Act. i'br mor~ m/brmat~on ahou! the D:'s/rfct fs'er, glades I(e.ctorali'on Pro,~ram, pka.re to.lac~ the lS'osystem Restnra,'ion Departme.t or Office' o~ (;ot'er~tment ~ ]'uhhc .. 9 26 RESTOR ITIOH (Toga/Program ~o~ = $ ~3. ~ m////on) (77£~ = ~IVTRODUCTION - · :~e purp )se of ~}~e Florida Bay/Southern ~.J l%'crg, ladcs Restoration Program restore a m~rrc natural quantity, distribution and timing ~,f t],)ws tt) thc Southern Everglades ecosystem and l:Mrida B,w. Thc primary focus of the program thc ~tructural modification of thc C&SF project nll~w incrcnscd flt)ws inu) North Shark River ']';wl,)r Slough. and l;l~ritla 15ay. Thc Modified Water l)ctivcrics Project ~m thc rc~t,~r:~ti~n of fl~ws into 'I'avl(~r Slough and thc panhandle of I(vcrgladcs National Park. Experimental Water Deliveries Pr(qcct fl)cuscs on thc rcstorzfion ~( North [~ast Shark River Slough anti thc panhandle of Everglades Nationfl Park. Thc Experimental Water Deliveries Program allows for operauonal mr~difications to the system which will provide data f~r thc projects currently being constructed. Because of its close association with the (~-111 Project, costs of thc Experimental Program have been incorporated into thc C-lll Project. Thc Florida Bay/Southern Everglades Restoration Program is composed of thc following seven major activities: Ha/ur activities C-111 Project Implementation ModitTed Water Deliveries Experimental Pro,,ram South E~vrglades/Flor/cla Bay F/or/da Keys IF~ter Quah'Lv Pro~ran~ Support In total (i.e., all funds c~,mbincd -- both ad valorem and other dedicated s~mrccs) thc t%'98 preliminary budget t'or this pre)gram area is 523.1 millk)n or 27.1 percent less than I:Tg- (sec bar chart ,)n f(~ll()win)~ page). 2.27 Program E: £L Bay/So. Evergladex Restoration $10 r Tot,il: ~,1.'~ L EXPLANATION OF FU~VDING Ad Valorem Funds Thc prcliIninarv ad '.'alorcn'~ budg. ct for ti~is pr~L~ram t<mdS S.~.(, milli~m, which is S=(15,483 ~r 2.1.6 percent higher th:,1 Iq'97 levels. While thc overall J~ucJ~ct t'~r this pr~,~ram has a sigmificant decrease (,r {:Y98. thc ad v:d~,rcm comp~mcnt is increasing. 'l'hc Illlll;ltlxCS (SC'C ;rd val,~rcm hiqhlight d~scuss,~n ~.l thc Other Ded/cated Sources Thc preliminary "O/her l)Mica/ed ,Yo~rce£' budgct t;~r this pre,gram is 519.5 million or 32.3 percent less than t%'97 levels. Primarih' this decrease is duc t~ h~wcr funding requirements f{)r C-111 land acquisiti~m in I%'98 ~ appr~ximatclT 50 percent less. XVifilc hl,d nccFusit.m for thc M~.l~flcd Water [)clivcrics Project is significant m [q'9g (54.- mill,m), thc FlorMa l~av/N,,uthcrr~ t:.vcrgladcs l)rt~gram shows a decrease .a dedicated funding duc to thc reduction .'L (:-III land ;lcqulsltl,)tl. FYi7 PROGRAH IN/T/Anl/'~$ Pump S~am,n S-~2i) is under c~,rlsTruC~l,m ~[~ thc I:r~g Pond and is expected t~ bc r,,mph'tcd by l)cccmbcr 1997. :Xpproximatcly half ~d' thc /,poll m,~unds abmg d~c I,,wcr (7.111 have bccn removed, and wntcr t]ows arc hcginmng t~ move southw:~rd int~ thc panhandlc ,,t' }%'crgladcs Nat,mai Park. l.and acquisiti~m C()lltillucs in thc R,<kv (;lades arc;t. In thc Mocliflcd tVa/ct Delivery Pre)icc/, arc J-l,,,'cJr~>log~c and cc~>h~c ;~sscssmcms ¢)f thc t~rst year ,)f Test 7 ~pcrau~)m; t'~r thc }:.xpcrimcntal I~rr~ram ~)f Wa/ct IBchvcrics l~vcrgladcs National Park arc being prcpnrcd and expected to be rclcascd in Rcscarch and m~mit,mng cf(,>rts omtinuc identify: 1) historical salinity levels that will hc used as ~cstorat,m; 2) effects ~t' changing t'rcshwatcr ,, I:l,~rida Bay ~,n thc water ctu.tlity and co4ogy ~f thc Bay; 3) gr~undwatcr t]r~w patterns and w)ttHlqcF which will help us to evaluate currcm and future 5~uthcrn l:.vcr~ladcs and Florida Bay rcst¢~rat,m cff~rts; 4) thc ,T?acts and benefits rcsuJting from hFcJroh rc~,,rat,,n ct-tS~rts in thc southern iCvcrgladcs W(~,'~-.~B) and thc ct'f'ccts of chan?yag hydrr~patterns ami water cluali~' ,m thc naars}l; 5) kev cc~>h~gicnl structures and pr()ccss rd- thc lLtv f~)r undcrst:mdmg and prc,.]ict~ng thc future state ~' thc Bay as funcrl(~l of water rcs~mrcc dccisi~)ns; and agricultural Best Managcmcnt Practices and water quality treatment technologfics th:it will prevent, mimmizc and/or rcmcdiatc thc nugrat~on ~t' surface ar~:J/or groundwater pollutants from thc (:- m'~ }(vcrgladcs National Park. Thc following scctkm disctisscs I%'98 ad vah~rcm pre)gram highlights. 2.28 FY'98 PtiELI~iN.4RY Y~iZ) VALOI~H BUOOET HIOHLIOHT$ ,-\d yah)rcm increases and dedrc~.scs in this program are ass~ciatcd with thc actMtics shown in thc table bclo,.~: FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only 1,434.41 ? $ 'h ~5.743 $ ',728,h"0] (5(5.8] 154.2~2 2'79,-99 125.52- 81.4 1.24t,.62' 2.21~L114 %3,48- --.3 1,916 152,272 15FL t56 7847.4 Thc increase of $7{15,485 (a 24.6 percent increase in ad val.rcm funding) is largely due to expanded research and monitoring cf forts and Implcmcntati~m of thc Modified \Vatcr Delivery Proicct anti I:'.xperimcntal Program. [:.xpanded rcsc2rch amt monitoring arc directed towards understanding :md prcdicung the ct'feces of restoration actwities cm thc nutrient, pesticide, and saliniw levels in these systems, and .n thc biolo~cal ccmamunitics affected hv these variables. District staff have been redirected in order to carry out this expanded cffi~rt. ;\pproximatcly $90,(g~)of this budget Increase will bc paid for by federal grant re\'e Flues. Thc land acquisiu(m, design, and construcnon ot thc C-111 pr.leer modifications will bc undertaken hv thc District and thc U.S. Army Corps of Engineers (( ~()[.~) under terms and c~>ndiu(~ns agreed upon in January 1995. Thc 1-'T98 preliminary budget reflects a 5(~/50 ct~st-share bet~'cen the District and thc ('.()IL. · \d !itit~ ~ dly, the Southern [:.vcrglades/Florida Bay rc'.mmmon ~s a conpcrauvc cf fort mciuding both state and federal agencies. Thc c~st-sharc f~)r each partner v;trlcs based on thc specific :lctivltv. l'br more lt~/ort~nztlO~l ~boul the l"/nnda Bas'~ . Vouther~t f :~'e(~/ade.r R~s/oratio~ ?rq~ram, pkase ,'on/act/he [~cosystr.w l"~estor,'~,'~'~.'~ [)epartmettl or Q[/fce of (;orer,tment 2.29 (Total Program Cost = $18.2 re~Ih'on) (FTEs INTRODUCTION ?.vccn 1')¢,2 ;md 19-1. ;he ILS. :\rmv ., ,fps of I".nt:mccrs (C{)}-~,~ dredged Thc K~s,m;mcc Rwcr, which turned 1113 miles ~f pristine river mt:, a 56-mile-long canal. Its purpose ,.['as ~,, kccp thc ~r,~win~ cmos *}f Kissmm:cc .md { )rlandt~ dry. l)urm~ thc l'~.ll~s, flooding caused d.tma~c im th,~,c ~,wns. In iq4-, 251¥,10 acres wcrc '['~c c~l,, Ir, ,ilrl:c'[lt:d dcva.,ration <~f (he drcd;:mc · .vas staggering. N;LLJ~.C x'cgct.m~m disappc.]rcd, f,~ did thc .Lnimals dcpc:',Jmg ~n it fi~r Food, ncqm~ and owcr. ()nlv l(}.lU~la acr¢,i ~t' wetlands remain t,f what In 19-6, thc I.c~nslamrc ct'cared a comn'nss,m m ~udv rcst{mm~,~ ~,f' thc river..{tier years ,~f studies and cxpcrimcnun~ with wa'cs to restore tine river, a plan cv~lvcd (~, fill about 22 nulcs ~,f t}~c canal with thc {~r~mnl sp~l m.ircrinl, IS~rcmg thc river back into wh:t~ rcm:uns ~t' ~ts former chnnncl. Thc pr,~lccr also calls f,,r rcnq~m~ [xk'~ of Ibc slx dams .md k~cks al~,ng Thc canal that keep ~'atcr t'r¢,m fl~wing [o~ swfl'tlv fr~,m thc headwaters. KVhcn finished, nlxm[ 43 miles ~f thc ~v~nn~ river will rcmrn to ~ts r~riginnl ('* ~tJrqC :Hld ,lb~ }LIt ] ').f ){ }{I A{ rt'~ ( ~' thc ruined wctl,trlt] will bc rcst~rctl '['hc state nn~] l'cdcra] ~wcrr~mcnts will qplir thc cstim.lrcd 5-114 :I~iP~I'~I cr~qr t~ rcst~rc thc rwcr. Thc (~()I'L ,.vHl ha~MIc o,nsrrucritm amt design ,~f thc percent ~f thc 8-.I,,1 acres . ilccds, including land :rotund thc up-river lakes t~ h{~ld m{~rc water. Thc rcst~ration wilt displace 4w homes. The first large- scale phase of filling the canal is scheduled to start m thc spring of 1999 and be finished in 2002. Thc Gnal phasers ~chcdulcd r~bco,nplctcd in 21110. Thc Kissimmcc Basin Rcstr,rat,,n Pr,,:dran] ~q c,,mp,,~cd ,~f tl~c f{~ll,,'.Vln!: (Irc m:tl,~r actwltlC',. Plo/at In tara] (i.e.. all Funds combined -- h,,th ad ,.'al,~rcm and other dcdic.~tcd s¢]urccs) thc l""t'98 preliminary Budget for ihs pr~>gr:tm arc:, ts 518.2 milli,m ,~r 29.5 percent Icsq than }:~'9- (<cc bar chart thc follo',ving page). 2.30 ~ional ~to_ration Programx Program F: i(i~s/mmee ~as/n /~e~toration EXPLANATION OF FUNDING INCREASES/ DECRE_ASE$ FOR FYgE g_~lTional R~storation Program! FYi8 PRELIt, I#iVARY A~ V,,ttORF-H BUZX;rT Hi(;HLIGHT$ Thc d~scuss~,,n in this sccd()n ft)cuscs on thc ad vah~rcm p¢)rticm of this program's ~vcrall t'%'98 budget. .'\d vaMrcm inci'cascs and decreases in this program are associated with the activities sh{p4'n in thc following table. FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only 5?59,956 $ 1,453,635 $ (4,513,993) (.74.9 ,, 1,6'~ 5,241 1 ,~,? 5.24 ! ! 1~3.0 r) 274,823 26~,2 ~9 1 ~ ~/r) Thc ,wcrall decrease in d~is table is prlm:lrily duc t~ thc District's dec,siam n{~t to budget a tW98 increment fi~r thc "~'ssim.zee I~lncaHon Rtquire.~enl." In I%'9-. 52.7 millum was budgeted fi~r this requirement (which totals 511.~ milli~m thr, mgh thc year Wi~h thc [%'0~ c~mtributi~m c)f 52? million, thc l)i~trict has ~c~ a~Me 56.2 million for this reqmremcnt and has decided to forego budgeting an additional increment in tq'gg. This has resuhcd in ~n overall decrease m thc ad vaMrcm budget fi~r this pr,~gram o~mp,trcd t~ '9 (Total Program Cost = $ 4.8 million) (FTEs := 37) iNTRODUCTION .akc ()kcech-bcc is a critical habitat for wading birds and migratory waterfowl. n ~,mrce of drinking ami irrigation water, part of a trans-Florsda nav~g~tit>n route, and m ~n economically ~mpormnt o,mmcrci~l and recreational fishery. Thc purposc of thc l.akc Okccchohc¢ Restoration Pr,~gram ss t,, prt~tcct ~nd enhance these n~tum} and s,~c]ctal v;tlucs ,~( thc co,system, which arc now threatened by excess;vt nument inputs, t}ac spread cxcmc vcgctat,m, and unnatural water lcvct variauon. Rcstorauon cf(otis involve the District and several state and &doral agencies. Thc I.akc ()kecchobcc Restoration Program c ~mp(~scci (~f ~hc fi)llow~ng five major actMtics: Ma/ar Rcse;trch & D:tt;t Collection Planning Works o£ the District Permitting Exotic Control Pro/~*r;,m Support In total (i.e., :tll funds conahinccl - both ad valorem and ,thor dedicated sourccs) the F~t'98 preliminary budgct for this program area is 54.8 million or 23.1 pcrcent higher than [~'97 (see bar chart to the right). Prog ram I: Lake Okee :t obee Restoration ~ $4 - $3 $2 $1 $0 EXPLANATION OF FUNDIN6 [NCREA~E$/ FYi8 Ad Valorem Funds The preliminary ad valorem budget fl~r this program totals $4.5 million, which is 5703,089 or 18.4 percent higher than [.~,797 levels. This increase is primarily duc to an increase in mclalcuca control (sec ad val,~rcm highlights sccu(m (m thc flfllowing page). 2.33 16G 2 Re~tonol Restorotion ~ro~ms Other Dedicated Sources Thc prclin:marv "()thor l)edicated .%urcef budget f,,r th:s pre>gram i~ 5(I.3 milti,,n or 20!! pcrccnt higher than 1:'Y97 levels. 'I"his increase is.primarily duc to an mcrcasc in research and data collection for thc f~dh>wtn~: research (>n nutrient impacts, water quality and hydr~>d'ynam~c modeling, watershed phosph~>rus dvnamics, ant{ lake and watershed database/C. IS anti x~]dl bc funded by ~.tate revenue associated with thc S\VI M pr,~/ran:. FY97 PRO~;R~m InmAr~V~S .\l:w3r acuvn~cs supp~)rtcd in 1'5'97 inclmie thc omqqcutm ,~( thc l.akc ()kccchobcc SWIM Plan and uj)datc and t'()rm;~u(,n o( r}~c multi-agency ~':ttcrshcd Working (;r~mp f,~r c~mtr~lling phosphorus loads t() thc lake. Rcsc:~rch ..vas initiated to dctcrminc h~w thc marsh c,mmmni~v respa>ntis ;~ phosphorus and mtr,~gcn. ()thor rcscnrch was d~rcctcd u,wards herbicide trcatn~cnts f~r torpedo grass, l.(valuati(m ~f litkc and water quality monlt<~ring, permit actions, and mspccti(m of s~tcs ti>r c~m~pliano: :ts part c)f thc \'G>rks (~f thc District pr~>~ran~ a~M thc t-)airy Rule wcrc als~ part of 1'5")7 :tccon~plisim~cnts. Thc following sccti(m discusses 1.5'98 ad valorem program highlights. ~r¥'~8 PR£L/m/AIARY ~tiD' VALOREm ~UDGET HIGHLH$HT$ Thc discussion in this section f()cuscs ,,n thc ad val(~rcm portion ~f this program's ~vcrall I~'98 budget. Ad valorem incrcascs and decreases in this pr,)uram arc associated with thc activities shown in thc table below. The increases shown in this tat)lc arc duc to an increase in mclalcuca o>ntr~A (S781},{){}{}), which is ~,ffsct by .tddJti:mal revenue fr~m~ federal s, mrccs. FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only I" -- lake Okeechobee (LO) la - l.akc ()kcc. Research & Data Collect. lb I..~kc ()kvcch,,bcc Plannm< lc. I.() ~'~,rks ~,t'thc Distnct Pcrmnung lz - Pr~%~am Support 139,975 S (~0.357), (3.6) 567.582 2:~3.511 8~ 7 8.224 ~44,873) (84,5) altcrnadvc lake regulation schedules, cc>nstructi(m {~f thc field-scale cxpcrimcnt.qI beef pasturc arrays at thc Buck Island Ranch f,,r research ~>n impr, wcd pastures. ami complcuon ~ff thc tributary scdimcnt phosphorus analysis also took prate. Modeling cffl~rts include thc development and validation t~t' various watershed and in-lake prcdictwc m~Mcls. M,mitoring of various water quahry parameters fr, mq thc watershed and m- o ,mracts, which are desig'natcd as (:riucal Rcsu~rati(m p~ >lccts -- l.akc ()kccchobcc water rctcnu~ m/ ph,~sphorus rcm(wa] and tributary sediment dredging. I'br .tore ts(ormalion about fJ~e [ aJk. e ( )k~ecbobee Restorah, n prq~ram, pkase co,tact the Phmninx l )epartment or tht ()[~Tce of (,mvrnmen; ~' Pubbc ,. 2.34 16g 2 LOCfi W ITER R£$OORCE $OI:'I:'ORT ~rc~ram area includes all progr and their elements, proiccts, and ~crv~ccs wh;ch nrc related arc ~hc g,~vurnmcnt and public outreach, service center, h~cal g{wcrnmcnt partncrsh p/c,)st-sharlng cfr, ,r~, :n th;~ .~rc:t hi~hlight thc rcx'iscd missi, m ,~t' at':m~ as "6~d/,"/m',sF' ;u t~c !r~c.d level hv cno ~ur,t~l:l< c~tluc- ,,, pursue' ..v:ttcr rcs~mrcc proNcts by c(~st-s}qarul~ with l~caJ cnr~tic~. OV£RMMEMT NM ; Pf. IBLIC (Total Program Cost = $12.8 milh'on) (FTE5 = 36) INTRODUCTION ~hc olqccnvc ,~t' thc (;~wcrnmcnt anti V Public (.~utrc:~ch Pr~,gram is to implcmcnt through a c~m~binati~m ~f activmcs including watgr o ,nscrvntl~ ,n, water rcs~mrcc education. i:ltcrgc,vcrnn~cnt~l c(~r({ination nn({ c:~pcrati~m, :cchnicnl :~s>~,t.mcc, l,,c:d and rcgl(ma[ c(~mprchcnsivc u, ,vcrnmcnts ;md legislative outreach. Thc Dismct 'will <trwc ~, act as "/,~ahh~/o7' nt thc l<~cal level hv cnc, mr:lging I,)cal Clltllics ([~ }~ursuc water resource prelects by o~st-shnring with ,~thcr local cntim:~. Thc (;~wc: nmcnt anti Public Outreach Pr~ram ~s c~m~p(~scd ~f thc f, flh~wm~ nine mai,~r activmcs. in t~tal (i.e.. all funds ¢-,,n}>incd -- be,th ad valc~rcm and other dedicated st}urccsi thc J~'gN prclimin:~ry budget t'<~r this pr,~gram nrcn ~s 512.8 million ~r 8.0 percent higher thall [G't)- (sec bar chart ~m thc folh~wing page). 16G ',?.* Program G: ov rnm nt Public Outr act $ ? 0 $2 $0 Total S $12.8 EXPLANATION OF FUN~IN~; INCR~_~S/ Ad Valorem Funds ']'hc prcliminary ad yah,rcm budget fi~r this pr,~r~m H~t;tls $I I.I million, which is $24?,587 or 2.2 pcrccm Mwcr than t=Y97 levels. This decrease is primarily duc to ;t reduction of local parmcrship pr,~i::ts and thc redirection -£ Plannin~ Dcpartmcnt pcrs~,nncl to activities ,mts~dc thc Govcrnmcnt and Public Outreach Pr,,gr;~m Sec thc f~fllowlng 1'W98 Prclm~inarv Ad \':fl~,rcm Budget Fli~hli~hts section t'~r morc lnt'~rm:m~,n ~n thc ut;c rd: nd valorem funds in tlai.~ pre,gram. Other Dedicated Sources Thc prclirr'r~:~ ry "();1.', r 1 )~,/,va.',',," ~ ,,.r, ,'r- budget for this program ~s 51.= nHlli~m,,r ncrccnt higher than lq'9~ levels. This ~< duc tl~c anticipated receipt of Sl.v m/Ilium (fr~m~ thc Florida Dcpartmcnt of Transp~rtati~m) f~r year ~t'~) of the l.akc ()kccchobcc Fh)rida Nam,hal Scenic 'Frail prowct. Thc goal ,~f th~s pr~dcct is r,, enhance the cxmtin.~ trail ;tround l.akc ( )kccchobec, pr~m(~tc n~>n-t~aditi~mal tr:msp~)rtati(m ~>pp,~rtunltics. c'(~nstruc~ thc I:]~)rida Natl,,n;d Scenic Trail, and t,, t'~stcr ~97 PROo~n INITIATIVES in ~'~7c)7, flqc primary focus o( (;~wcrnmcnt anti Public (')utrcach t)rr)gr:tm was ~)n: ,:. '/'he a/lernaR're wa/er s/~/~' p,trtnerrhO wi;/ch wa.r estah/;'r/~ed to/~rotv.'/,' /];lan,5, l/ /edmtca{ ass/s/at;cc Io /ova/.<orernmen/r ,', a/lernatire wa/er 'fT)e initiation of the I ~zkt ()~wechohee .¥a~ona/ 3'cemc 'I ?ai/ pr~ect ~ hivh is e.xpectM to promote transportation opportumties, increase public access a,d use ~[ lhe 'Emi/and/o promote and economic deve/~/)ment; F. 'l'he con//hued s,pport ~[ the em'ironmen/a/ e&nwlion and leacher/rain,(q f,regrams; 'l>e conanued support o/ the mot~& irq<aoon /ab.r: e. -l'he continued support of the co,Lr$ruction o/' the Charles Deefin~ t.Lrtate I:i'm'iro,tmenla/ fiducation Center; and /: 7>e con~'nued .ru~/>o~ of mJnor/~' outre,;ch q~orts. 2.36 2 Local Water Re$ource,~ ~ Support Prc~Tram..~- FY98 PRELII*IINARY ~ VALOREI~ BUD6ET .\s stated ab,vt, thc .vcrall decrease in this table is primarily due to a reduction in thc funding of local parmcrship' prgiccts anti thc redirection of Planning Department personnel tt) activities (mtsidc thc Government and Public ()utrcach Program. ', FY97 to FYg$ i~rogrem Verlence Explen=tlon$ Rd Velorem Funds Only G" -- Government & Public Outreach C.c (itl (;g Gh Gz (;~wcrnmcnt A fi'air* Public A fCalrs Media Rclauons ( ~ ~mmunlty (.)utrcach }'kluc atlcm ~'atcr Conse~'atH m ptohwa m Support 29(,.250 $ 128.5~)8 $ (167,751) (56.~ 8,38",1 }6~ ' .816,272 { 5'70,7o6) (6.8 .<65.152 057,77.' '32,622 10.7 44'*,I 7 l 515,45~ (,>;.2,~6 ! 5.3 152,458 226,056 ~ 3,508 48.3 5(}3."68 ' 18,523 214,~ 5: 42,6 2,1}.865 '*'7-,') 18 32/)53 13n 143.3'76 133,856 (-9,52H) (6.6~ 322.315 341.481 19.166 5.9 t'W98 represents thc fourth year ~)f thc local gt~,,'ernmcnt alternative water s,pply projects initiative. '['hcsc pr~jccts arc (undcd as part of a dedicated a 1/40'h (it' a mill tax increase established in }.%'97. Thc program, :ts in previous years, is designed to provide financial and technical assistance to local governments in developing alternative water supplies, including aqmfcr storage and recovery, and wastewater reuse technologies. Mobile labs arc budgeted again in P%'98 at $326,500. This level t~f funding represents a continued level of support established in prior years. Thc urban and agricultural mobile lab service was developed to help property owners/growers conserve water and protect water quality. Thc mobile lab service providcs on-site evaluation of individual irrig, adon systems. Based on the evaluation, tecl~nicians work with propert2,,' owners/growers to develop irrigamm management plans designed to improve system performance; such as repmring irrigation heads and revising irrigation schedules more effectively usc and conserve water. This )'ear and in the coming years, the District will continue to actively pursue alternate funcfing partnerships in support of this program. '['he District continues t,, support the crmstruction ()f thc Charh:s t)ccring [(state I.',r~v~ronmental Center in Miami. [:()r I'%'98, is again budgeted f~)r this pr~4cct. Thc center will provide programs, tours, anti cn,.'ir(mmcntal camps fi)r 50,000 sch(ml children :'trld 41.'~,00() general public vis~tors a year. The District's total c~mtribution will be Sl.1 million when the center is completed in 1999. I¢r more informano, a,%ut the (iorernment and Public Outreach Prqgra, w. please ~'ontar! :he Offi,'e of Government and l)u31ic /tffairs. .37 16G SERVICES PRO R iH u, program area includes ,.ill programs and their clements, projects, and services ,4'hich are related to the overall support functions of the agency. These functions include executive mana~zcmenc. budget and tinanc,al suppor~ ,~crvjce_q, human resources management, legal guidance and support, risk management, mti~rmation systems, treasury function, and buildin~ support services. [NTRODUCT[ON ~ /B in Mm~ cmcnt md '/ hc l)~strict a,, . : ;)1' ' : t'~dh,win~ (until,ms: adminlqtrauvc supp,~rt, executive management and (;,,vcrning Board support, legal support, ',crvicc center admin~strauon, budget, procurement, women/minority business enterprise, intcrnal audit, tcchn~)logy/infl)rmation systems suppt)rt, tax commissions, financial management, risk management, human rcsourccs management, and [~ciliw ~nd bmldin~ ~mpro'.'cmcnts. 'l'h~s pr,)gram primarily ~s ccm~p¢,scd of t}~c }(xccutivc (3fficc, ()fficc of lnspccu~r (;choral, Budget and 12rocurcment (-)fficc, ()fficc of Cmmscl, Management Services Department, ~)fficc of Enterprise Engineering, and the administrative operations of thc Service Centers and Big C)~ress Basin. In addition, all of thc District's departments and offices have budgeted a portion ~f their supp{,rt services to this pre,gram. Prcscnt}v there arc approximately 312 employees ~r 19 percent ~t' thc l)istrict's w~)rkti~rcc budgeted in this pr,)gram. Some of thc mqportant activities cucompasscd in thc program arc District policy making, budgeting, purchasing and o retracting, professional internal audits, legal scrv<cs, computer and phone support, cash management, payroll, flight services, accounting. facilities management, human resources management ~nd training, and complying with state and federal reporting reqtnremcnts. These actMtics arc necessary to support any active organizanon. DISTRICT/BFi$11Y M ilYtf OEMElY T RDMIMIS TRtq TIOtf (Total Program Cost = $47.9 mil/ion) (FTEs = :712) Thc District/Basin Managcmcnt and ;\dminJstration Program is composed of thc foll~,,,ving 18 n~alor activities: Ha/or flctivitle$ Administrative SuD?ort Ombudsman Executive Alana~ffement Legal Su~.-ort Service Center fllanaA;cmcnt Bud~etin~r Procurement Supplier DiversiO' and Outreach Inspector General Information Technology 3Iana~emenr and Suflport In&rmation Sharin~ Cont~M~,ency Reserves Financial AIanagcmcnt ~k Management Human Resources 3lana~ement Facih'~ and Building Improvements ~on- Wa tcr Con fro0 Emergency Management Program Support 2.38 16G 2 prRrm area includes ~ll programs ~nd their clements, projects, and scrvlces whict~ :irc related t,, thc overall support funcuons of thc agency. These functions include executive management. budKet anti financml supp~rt ~,crvle~% human resources management, legal gruidance and support, risk mana}zcmenL reformation systems, treasury function, and building supp,~rt services. FRO{FRaM L: ~ ~ t/Ba n Nlan~ cmcnt and ~/hc l')istrc , '~, , ' ;g ' , ~ ..Mimmistrat o ~ Pre,gram consists o( thc ((~ll~,wing funcu, ms: admm;strauvc support, executive management and (-;~,vcrning tS(~ard support, leg:ti support, service center admimstrnti,m, budgc~, pr~,curcmcnt, wCm~cn/minarlty business enterprise, internal audit, technology/information sys:cms support, tax commissions, financial management, risk management, }lilt;in resources management, and facilin' and building improvements. This pr,~gr:ml primaril5 ~s cornp¢~scd of thc }Lxccutwc ()frier, ()fficc ~t' lnspccv~r General, Budget and l)r¢)curcmcnt (')t'tScc, ( )t'ficc of Counsel. .Xl;magcmcnt Services Dcpartmcnr, ( )f~Scc o( }{ntcrpnsc }{ngmccring, and thc admmistratwc opcratiCms af thc Service Centers and Big Cypress Basin. In addition, all of thc District's departments and offices have budgeted a portion nf their supp~rt services to this pre,gram. Presently there are appr~ximatcly 312 employees or 19 percent ,~f thc District's workfi~rcc budgeted in this pr,~gram. Some of thc mqportant activities encompassed m thc program arc District policy making, budgeting, purchasing and c¢ retracting, professional internal audits, legal services, computer and phone support, cash management, payroll, flight services, accounting, facilines management, human resources management and training, and complying with state and federal reporting reqmrcmcnts. These activities are necessary to support :my actwe organizauon. DI.f TRI C T/BIq.f lif MRlYt:i O EMEM T tqDHINIS TRfl Ti OH (Total Program Cost = $47.9 re~Ih'on) (F'lTs :-~ 312) '['he District/Basin ,\lanagemcnt arm Administration Program is c~m-,p,')scd of dqc follc~,x'ing 18 malor ::ctivitics: Ha/or ttctiv/tles A dm t'ni.~ tra t/vc .Su/)p or t Ombwdsman Executive bfanagcmcnt Ix'~al Sup.'-ort Scrtqc'e Center ~IanaA*cn~cnt BudgctinL* Procurement Supplicr D/vers/tv aud Outrcach Inspector Gc, eraI Information Technology ,~ana~cmcnt and Suzvport Information Sharin~ Contin~enc)' Reserves FinanciM 3[ana~e[licnt Risk 3lanaKement Human Resources ~anaKement Fac~'~ and Buildin~ Improvements ~o~- ~atet Contto0 Emet~en~ Mana~ment Program Support 2.38 In i(,t.ql, (i.e., all (unds combined -- yah,rcm and,,ti~cr dedicated sources) thc 1'~'98 [',re]imm:try 1mdg, et f,,r this program is S-17.g million ,~r ~.0 pcrccn~ higher titan Ih'g7 (sec bar chart below). collcct()r and property appr;uscr t'ecs, and replacement vehicles, l)lcasc sec thc ['5'98 l)reliminarv Ad Valorem Budgct Hi~4hlights scction (,,r additi(mal dctail. Other Dedicated sources Program L: Pistrict/8 $1n l lanegement & gdmiflistr tion ~]Ofher i'~edi¢,~ted S,,ur¢¢~ lad V~lorrm J I Total [ __ $,1/1.? ] EXPLANATION OF FUNDING Ad Valorem Funds Thc prehminary ad valorem budget fl)r this program totals S42.8 million, which is $2,895,640 or 7.3 percent higher than t*"t'97 levels. This net increase is primarily duc to enhanced communication requirements that will hotter serve [){)th our internal and external custt)mers, ownputcr programming provisions for ~}~c Year 2tX)0, facility and building mlpr~n'emcnts, leased empl(Lvccs,incrcascs in tax The preliminary "()/her/)e&'ca/ed .%urce/' budget f~,r this program is 55 1~ uulli~m ()r 4.2 pcrct.:rqt higher than ~:y97 Icrc'Is. This ncr increase is primarily duc to thc request for two leased cmpio5'cc; in thc Procurement Division r{~ assist with Everglades restoration c{mtracting and increases m rnx collcct,~r fees and property appraiser fees. F}tt~t' PROGRAt4 INIT/A Ttlff$ Thc l)istrict/B:tsin 3.1anagcmcnt anti Adn~inistrati,)n Program consists ,,f all the general and administrmve support for the Diswict. During }~'05', program clement managcrs continued c[ft~rts t~, increase customer satisfaction by imprr,ving thc quaht5' of services and supp~,rr t~, achieve organizati~)na] ablcctivcs and ~rganizati(mal effectiveness. 'Fhcsc c/f,,rts art' integral to informed dccisi~m-making with tt~c dcsign and implcmcntat~r)n ,)f valuc-addc(l strategics. resources, and systems tt> <upp,~rr l)istnct staff. ,'\s such, thc folh)',vmg ()utlincs ongoing ct'fi)frs tn t"5 9 ,. Thc executive management team omtmued to supp(~rt policy studies (~t' p,)rcntial stratc.kqcs in water rcs()urcc m:magcn~cnr. An information system audit manager was redirected thc Inspector's General Office. lxgal support continued for minimum flows and levels and thc Ix~wer and Upper East Coast k~'atcr Supply Planning iniua6ve and implementauon rulcma~ng. The service ccntcrs and Big Cs?tess Basin ~fficcs Mso provided support to their local areas. ~ac ()fficc of Enterprise Engineering coordinated Distnct-widc planning efforts for Year 20~ programming and a new tclcph{mc system. In thc management services area, a pilot program for telccommut~n~: and altcrna~ve work schedules was implemented. In addition, a contract to 2.89 F~nctJanal $opport $~rvic~ P'togram$ m acquire leased w~Jrkers on an :ts needed basis was executed, makirag thc District one of the first J:lofida public cntiuc~ to, ;mplcmcnt this concept. Thc t'oll,,w:nz' ~ccti~m d:scus, se~ 1~'98 program h~hh~ht~. FY08 PREL/~,IItVARY Ao VALOR£H BUDGET Htc;uuc;mrs Thc disc_p,-u ,nm t}~* ,,cctum ({~cuscs cm thc ad vaMrem portion ~f this pr~gram's over:fl! [-W98 budgct. FY97 to FY98 Program Variance Explanations Ad Valorem Funds Only l.a · Admm:str:mvc 5upporx l.b - ()mbudsman Ix- Execuuvc Management Ix - 5c~'icc Center .-Mlmm~qrauCm 1.(- Budgctm~ I.R- Procurcmcnt l.h - Supplier D,vcrsity & ()ut reach [.i - Inspector (;choral I,l- lnG~rm~t~m 'l'cchno}¢,~' l.k - lnformaWm Sharing IJ - Conungc,~cv Reserves l.m - l:inanzlal Management l.n . Risk Management 1~ - Human Rcs,,urce Management t.p - Facility & Bulkihlg hnpr.vements I~ - limergency Mana~ment Lz - Pro~ Supv~n 1.8()~.522 5 2,3~,,4d9 1.1Og,305 1.2gL172 3.5~ ,1.5' 1 3.594.1 6-4..'~ ~5 71~,943 ,4~ 1.41 I 1,694,168 4,14,65(i 55g,41 5{ ~. 136 682J)S0 ),2R 1.78g 7,336,511 2.'3~,1 l 2 5,769,5® 4,8(11.829 2,f)gg,gg' 2.198,~n6 5,427,~ 09 () 30, 2,2~L311 2,234,74.1 5,785,~ ~ (I 5,940,3 315,L~3 170,619 68,850 1 ~,297 .i~.8,887 I 75.g07 02,5t)5 222.-5~ I 13,764 1-5,923 ~J~32,4~8 3,229,,165 21,433 (141,3~4) 115,427 25.g 159 2.6 44.1 6.5 15.1 25.6 34.8 (2~.6) 1 146.9 I. 2_7 (4 5.8; 16'7.6 Thc mcrc;iscs sh~wn in this table are duc t(~ ~he f,,ll,,wm:,4 pr, ~lt:Cts. II1 CXCCLItlVC manngcmcnt, 5l{~(I,(l(ll) is btMgctcd l'~r District-wide water p, flic ,rttdics. In thc administrative support area, ~s included fi~r seven rcplacemegt fleet vehicles, and 518~,~) for six leased employee p*~siti.ns for a ,ccrctarial p,~,~l. In thc service ccntcr administrative ;irc;< part ~n' thc increase omsists ~f 516,1,()1~1 sex'ca ncxv and replacement vehicles ft)r service center ac!wi!its. In thc procurement area, S16(L(~) ts budge!cd fi;r implementing thc rectesigmctt contracting %'stem. 565,t~1~ is budge!cd fc~r a new supplier diversity om!tact. New initiatives in thc information tcchnolr)gy area consist of 5170,01~(} ft)r thc first year r)t' a lease-purchase agreement for a new telephr,nc system anti related r)pcrating expenses. Also, S402,t3(!() is budgeted fi)r I)istrict-widc Year 2C~) compliance prt~gramming ct'fi>rts. Additional increases in hcilitics and building m~provcmcnts consist of S80(J,()00 fi>r ;i ficM opcrati,ns center tt; ctmsolidatc several work t~tl~rs itl thc XX'cst Palm Beach area. ( )thor increases arc $Sll,{llll) fi)r thc J~-5(} replacement project anti t'~r Kissimmcc fluid statn,n n~)dificati,)ns t~ comply with thc Amcnc:ms with l)isabilitics Act. :Xm~thcr increase is S l-6,1ll}{) t'{~r thc inf~)rmaurm systems audit marlagcr and related funcutms ft~r thc lnspccn~r's (;choral /:or more information about the l)i~mct/ Basin .~ lant{gement a,d /Idministration l)rqgram, con!a,'! the Mana. gement 5'ertqces Department or ,'h, Bud. ge! ()j/ice _/'or guidance. 2.41 166 Fun¢tiono! Suppo~ S~i¢~ Mtogrom~ PHOOI~R]~! H: SHOi~T/LOI~ TEI~H Vl$1OlY (FTEs = ~ 0) INTRODUCTION appr~,prhitc. H, pru~.~rv pr,~cc~sc~ as par~ ~t' , ,,.cr.fl[ a~cnc,, rc:h:nkm~ cfi', ~rt, which has thc pnmary pr,~ccs,,c~ ~)~ thc D~strlct, it Is ~ccn~mccr ~r~cc~c~. ()m' ~,f thc ~nma~y for this effort :, t,, rt-a]izc thc goal ,~( breaking d, ra'n anti c]inl~:~.~tmg f:mctl, maJ unit }>arrlers that ~and m thc wax ,~1' pcrf,,rn:~n~ procc~c~ m ~hc .~ crmc:d s~cp m :m ~,rgamzati~,n's rcthinkin< cffi~rts ~s idcntific:~]~m and rcv~cw ~f its primary' princesses. A primary pr~ccs~ ~'i~hin an agency ,,nc that dclivcrs ;~ value-added produc~ ~, external customcrs in ;tddHit ,n to delivering somed~lng of value, the customer's nectt t}~r this value is thc rcas~m thc agc~,"5' exists. Als~, these prin~ary processes usually cr~,ss (uncmmal/ (,r~anizntional h,,undarics within the agency. 'l'hc 5h~r~ '1 .~,ng Term %'isi~m 1)rr~grnm om~p, ,sL'd , ~t' thc t;flh,wmg t'~ mr m:JF~r in total, (i.e., all funds combined -- b,~th ad ,.'al~)rcm and other dcdicatcd s~)urccs) thc l'5'98 preliminary budget for this pro<ram is 51.2 million 4~1.~ percent lower than FYO7 (sec hat c'hart below). Procjram H: .fhort/Long rvrm V/s/on $1 $o $o FY~t? Sin $2.0 S1.2 I~olor F/ct/v/t/es Rctl~'nkm# Enterprise En~'/ncerintg Lonff Term Horizon Pl,~nning [SStieS Program Support 2,42 Exv~rto~ or Fu~omo l~cn~.ns~s/ D~cn~.~s~s roa FY98 Ad Valorem Funds Thc prclimin:~ry nd valorem budget pr~,zrnm ,,J:ds S1.2 milJion which is 5171,602 t~r percent h~hcr than I'Wgv levels. 'Fh~s incrense :mmard'. duc to c(~tlllucd redesign ,f primary processes and rethinking cffl~rts such as the pr~)curcmcnt nnd c~mtr:lctin~ proc, sses. Thc mav,ritv ~f thc pr,~gram consists ,~f salary and benefits existing and redirected personnel inw~lvcd in thc District's hmo-term redesign cft~rts. Other Dedicated 5ource$ Thc prchminary "O/her Dedicated 5'ource$" hu(lgct for this pr,,gr.m~ is $1k In ()cr, d~cr 1996, an employee team was fi~rmcd t~ model she w.av thc District currently does tmsip, css within thc District's procurement and contractmt~ system. This ct'fort was om~plctcd ira January lq07. and resulted In :m ".-is-l/' m~>dcl which outlined thc c×isting rusks and activiucs. ,,',, full-time cffl~rt was dedicated in February 1997 to the redesign of thc current procurement system. Thc "To-Be" model eliminated or rcduccd contracting actMtics from 19(~ steps ,~ 68 steps 6.1 percent rcducmm. In ndditi~m, elapsed time to ,:ompJctc a contract can b,: rcd~ccd t'r,m~ 10-I days 55 clays --- a 47 percent rcduct~t,n. Thc ncxv pr,<css presently being introduced within thc District ami bc (ulh' implemented in Thc discussion in this section t'ocuscs on thc valorem pordon of this prc~gram's ovcrMl J~'98 budget. Ad valorem increases and decreases in this program are associated with thc acuvitics shown in ~}~c following tM)lc. Thc ~%'98 proposed budget includes salaries and benefits fl~r 9?5 existing cmploycc~. In addition. 5245,~)0 is budgeted for omsultant services to c, ntinuc to refine and enhance thc hudgct development pr.tess as wcll as pr~icct management ctmsuhing. FY97 to FYg8 Program Variance Explanations Ad Valorem Funds Only "M" -- Short/Long Term Vision Ma- Rethinking Mb - l/n~crprisc I:.ngmccrmg ,Sic - Long-Term }lorizon Planning Issues Mz - Program Support $ 250.197 S 278.284 ll¢J.(~) 392,241 512,055 339,185 122,354 156,498 S 28,1~8' I I 2 282,241 256 (, (172.8-n) 34,144 27.9 l:or more information about the 3'hort/ l~on, g Term [ 5sion Pro£ram, contac! thc Office of Enterprise lSn. Rineerin.~. Capita! Program °o ~c [')istr~ct's Capital Pre,gram idcntifics 'h~ cngmccrir~g t~mt ,requisition, and om~trucmm a:t~vitics t,) bc undertaken during c~.~rdinatcd by thc Constructi~m and I~nd Management Dcp~rtmcnt. which rcv;cws, validates. appr~wcs, and pnormzcs capital prolcCtS prior t- thmr ~ubm;ssion t~ the Executive Director. This department, m con]unction with other District departments, provides thc l~xccutivc Director ,x-ith add, rcfmc, and n~r()vc thc Ct~p()S~tl~ pr'~oritics t'J)r thc [)istrlct's ~nntmJ and live-year capitaJ :::~prr~vc~Cntx prr)~ram. Thc ['5'98 Capital Program, totalling appr()ximatclv $199.6 million, supp()rts thc l)ismct's xv:~tcr ,;uppJv 'flood protection, and environmental cnhanccmcnt obiccuvcs dcscribcd m thc agcncy's stratckdc plan. Thc t'~)llowing sccti(m identifies each capmti prolcct thc District ',,,,'ill undertake during 1'5'9S as ,xcJl a'; thc)sc prolccts ictcntificd t}~r()u~h 1'5'2~'~2 FY98 CflPITAL PROGRt::iH SUMMt::iRY O&M of Regional Flood Control Systems District/Basix, Management & Administration $ 5, 682, 000 875, 000 iWater Resource Land Acquisition/Management 49,113,903 SOR/P2~0~____ .............................................................. Everglades Restoration !(O_'662:l_05-_ ~-~~t-~e~-~('~'~a~l-e's- ft'e--s~-o-l-a-ti~)n- 18, 967, 666 ;simmee Basin Restoration 141,247,300 Five Year Capital Improvement Plan 16G ~ TBD- To Be Determmed FYI. 'J='Yg'g F'YO0 FY01 Fy02 PROJECT BUOOET BUDGET BUDGET BUDGET BUDGET FUND O&M OF REGIONAL FLOOD CONTROL SYSTEMS (Programs COMM & CONTROL SYSTEMS G-Z11 Telemelty S.le G.,'J1 O-79. G.78 Telemetry Sdes Sc, LoopM,cro,~,ave B~g Har~enlng. Ph {Il 093 A c, toma hen SUBTOTAL PUMP STATIONS MODS/REPAIRS $-9 8acktlow Gate Replacement S.6 & S-131 Fuel Con~a,nmonl S. 135 3 Phase Power S-8 E~ctr,ca~ S~tem~ [Jpgra:le Ca02, Ca03. Ca04, Ca05, Ca06) 0 0 0 0 3 ? ] 00c; 0 356,000 0 0 0 0 220000 0 0 0 0 350,000 0 0 465.000 450.000 450.000 450 000 0 0 0 0 200,0C~ $0 S821,000 $670,000 $800,000 $1,023.000 0 250,000 250.000 0 0 330000 460.000 360.000 375.000 350.000 150.000 200,000 150,000 150.000 150,000 0 t 50,000 0 ~ 50.000 ~ ~,0,0o0 ? 5 000 80,000 ~ 30.000 ~ 75.000 0 0 50.000 0 0 0 215.000 3 C,0.000 300.000 300.000 O 0 SO0.OOC 500.000 500000 500 000 0 25,00~S __ 0 0 0 SUBTOTAL $770,000 $2,015,000 $1,690,000 $1,650,000 $1.150,000 PROJECT CULVERT REPLACEMENT PC01-025 EXT PC32-C23 PC03-L 65 PC15-C41A PC03.L 63S PCO5 L65 PC 12-C34 PC1-L635 F'C2-LG, 3S PC2-L63~ PC25-L41A PCO6-L65 PC04.L19 PC6A.L25 PC01.L21 0 0 280.000 9 O 0 230000 0 0 0 350,000 0 0 0 0 0 275.000 0 0 0 ,~ 70.000 0 0 0 0 250.000 0 0 0 0 0 3 250000 0 0 0 0 0 4 O0 OO0 O 0 0 0 300.000 0 O O 0 :<50 000 O O 320 000 0 0 0 400.000 0 0 0 O 0 0 220000 0 0 0 0 0 320 000 0 0 0 O 320 SUBTOTAL SI.070.000 $905.000 $850.000 $1.020.000 $1.040.000 STRUCTURE MOOS/REPAIRS S-71 Gale Operator Replacemenl S. 193 Navigabon Lock R(;furbishrnenl S-26 Mod d~_.aDon S-310 Nav~ahon Lock Relurb,shmonl S-SA Easl. Wesl & South Gate Automat,on S-62 Downslream We~r S'65E h~avlgahon LOCk ,~eturbmshmenl S-65E Fender P,le Roclacenw, n! S-65A Fender P~le Replacemer~t S-650 Navmgabon LOCk Refurb,shm~! S-65D Fende¢ Pde Replacement S-29 Serv<e 8ridge Repa~rl S-169 Replacement G-36/S-t35 Geart;.o~ & Motor Repl 0-30 (3 Ph) Power & Oeneralor BMg G204/G205 R'aer Replacement 09~ Replacement STRUCTURE MOOS / REPAJRS continued S4 Access Road Pawng S t 3A Repair S-t27/S-131 Lock Gate G?9 Replacement G-94B Repa.' 074/075 Gate Replace OTB Gate Inslallabon G-85 Replacement SUBTOTAL 270.000 250,000 250,000 250000 250.000 0 450.000 0 0 0 0 0 0 350.000 0 0 0 575.0O0 0 0 350.000 O 0 O 0 0 0 0 0 400000 0 O 0 3,73.000 O 0 ~ 0 80.000 0 0 O 0 85000 0 0 3 O 0 3 SC OFY3 0 0 O 0 90 O, PO 50,000 0 0 13 0 0 150 000 0 0 0 0 0 300.000 0 0 0 0 190.0OO 0 0 0 60.000 0 0 o 0 0 25,(XX} 0 0 0 0 20.000 0 0 ~ S0.000 0 0 0 0 120.000 0 0 0 0 350.000 0 0 0 0 0 120,000 0 0 O 15.000 0 0 0 0 0 50.000 0 0 0 0 0 350,000 450.000 0 $1.365.000 $1.080.000 $1.710.000 $1.515.000 $1.090.000 -: <32 492 402 402 402 402 402 402 402 402 ,102 402 4,02 402 402 402 402 402 · : Cb 7 . O? 402 4,32 :02 402 402 .~02 402 402 402 402 402 402 402 402 402 402 402 402 402 402 402 402 402 4O2 402 402 402 402 402 402 402 402 Five-Y~ar ¢~pUol Improv~m~n~ Plan TBD · To Be Delermined PROJECT BUDGET 6UDder BUC)~ET BUI:X.~L~/ BUC)~T FUND C ANAIJLEVEE MAINTENANCE C.25 Im proYem, enl~ 0 ~-51 Baok Stabd~zal~n 0 C.24 Bank St~bll,Za~n 0 WPB Can~} Improvements 315.~ C- t 02 C~nal Sblbd~ZabOn 0 C- ~ Canal Sl~btliza~n 0 t-8 P,pmg 0 SUBTOTAL $315,000 200.000 200,000 0 0 402 0 200.000 200.000 200.000 402 190.000 19<).000 200.000 200.000 402 438.00"3 505000 400.000 400000 402 0 0 215.0C'0 0 402 55.000 O 0 0 402 150,000 150.000 O 0 402 0 150.000 1,50.O)0 0 402 $1.033,000 $1,395.000 $1.165.000 $800,0,00 BIG CYPRESS BASIN Cocohalchee Cana~ Ph III (a) Improvements 975.000 Co<ohalchee Canal Pr~ Ill Br,dge Replac 0 CRg51 Can,.]l Improvements 300.000 Cocohatchee Canal Ph IV Jmp,ovements 0 Go~den Gate Ca,",,w Weir No 1 Repl 0 F-aka Un,on ¢¢e~r N'C 4 Rehab,htabon 0 C-1 C onnecto~ 0 SUBTOTAL P ROG R~J~I TOTAL 0 0 0 0 4.03 725.000 175.00C 0 0 403 z~9000 S,'X) 0C.,O 0 '3 403 0 0 500.0(¢d 500 C%/3 403 0 0 0 0 403 500.000 1500.000 0 O 403 0 0 500 0(0 0 403 0 0 0 500,OOO 403 $1,925.000 $2,175.000 $1,00~,000 $1.000,OOO $7.779.000 $8.490,000 $7,150,000 $6,103,000 $2,162.000 $5,682,000 OISTRICTIBASIN MANAGEMENT ~, ADMINI~TR. ATtQ.N. (Program Lb01) OPERATIONS & MAINTENANCE M,am~ F,eld Stabon Slorge Budding Repa,rs 0 Homeslead Fmtd Stabon S~te Development 0 Clew~slon F~eld Stat*on Improvements 0 K~ss~mmee F~eld Stagcn ADA Modihcabons 25.000 K~sslmme£ F,etd Stal~)n Reloc~' On 0 Ft. Laud F S 'Vehicle ~',/ash Faclh;y 0 Wes~ Palm Beach F,eld SlaIion 0 FI P,erce Sub-Slabon 0 SUBTOTAL $25,000 60.000 200.000 200.000 250.000 40~ 200.000 200.000 200000 200000 401 175.000 179.000 30g. OC(1 400000 401 0 0 0 0 401 250.000 250000 500000 500000 401 t60.000 0 0 0 40~ 40.000 0 (> 0 40~ ~50.000 150.000 o 0 401 $I.035,000 $979,000 $1,200.000 $1.350,000 ADMINISTRATIVE FACILITIES 'Field Operahons Center 'B-I Emergency Operahons Center 'BS0 Replacemenl. Ph I SUBTOTAL P ROGR.ANI TOTAL $875,000 800,000 TBO TBD TBD TBD 401 0 TBO TBD TBO TBD 491 50,000 TBO TBD TB() TBD 401 $850,000 TBD TBD TBI) TBD $1.035,000 $979.000 $1.200.000 $1.350,000 WATER RESOURCE LAHD ACQUI$1TIONfMANAOEMENT $OR~2~0 IProgram A.a06, East Coasl Buffer Land Acquisition 45,833,903 68.000.000 25.600.000 Ten Mde Creek Land Acquisd~,n 2.5{X).000 2.500.000 10.000.000 Johnson Island Restorabon Land Acquisition 300.OOO 0 0 SOPJP2OO0 Land Ac~u,s~bon 0 2.000.000 14.000.000 Lake Russell Env,ronmental Center Road IO0.O(X) 0 0 OuPui~/Corbett Waler Control Structure 2.50.000 0 0 Marion Creek Br,dge Replacemenl 120.000 0 0 Sh,ngte Creek Pedestrian Br:dge 10.000 0 0 Publ,c Use F aoht~es 0 150.000 150.000 Educahonal Cenlers 0 1,50.000 150,000 ~ronson Access Road 0 250,000 __ P R OC. RAJ~ TOTAL $ 73,050,000 $ 50,050,000 $.49,113,903 0 0 404 0 0 402 0 0 211 14.000.000 14.000.000 404 0 0 204 0 0 204 0 0 204 0 0 2(~4 0 0 404 0 0 404 0 0 404 $14,000,000 $14,000,000 3.3 ...... ' FY~,I F'Y~ "~"Y00 F'Y01 F'Y02 I PROJECT BUC)OET BUD, GET BUDGET BUDGET BUDGET FUNO EVERQL. ADF..$ RESTORATION (Program Ba01. Ba02. BbQ.SJ Short-Tefra D~bt Pr,nc,pal Repaymenl 0 10.0C,0,000 33.0C.,0.000 19,000.000 O STA Land .Acqu~sd~o~ ' · 1,643.,500 24.706 130 24,300 10,410 ECP Program Mana(2ement 400,000 8¢-.4,/9/' 827,614 5,~7,415 1 394.710 STA-I East 0 2.328.058 25,563.512 38,579.222 35.8.8,4.948 C-§I West Basin Improvements 0 162.0~0 162.000 2.431.296 2.431.296 STA. 1 Wes! 3:2,310.652 43.000 0 0 0 $ TA. 1 Inflow & Oislr~buhon 4,748,970 0 0 0 0 s'rA.2 39,531.000 366.000 0 0 0 STA.3/4 0 0 2.760,836 ,5 186.474 91.266,032 STA-5 24.120.000 32..546 0 0 0 STA-6. Phase I I II U 0 9 0 0 S.5A B3$~n Dr,,er~.,on 36.000 0 0 0 0 ~9~50,st¢,cts 171.5 Farm~ 5.634.443 0 0 0 2. 147.000 Ro~enl3.erger Restorat=on 237.540 O 0 0 0 WCA-2A H~drO~;~et'4Xl Restorat~oct 0 0 0 0 0 West WCA.3A H..~rol:~rx",d Restorabon O ~.008 0 0 0 East WCA-3A Hy~ropefx:)d ~,e~,lor311on 0 0 256.330 t2.5.46.~45 2.455.040 Northern L.8 Bas,n Improvements O 0 0 0 0 ENR Mod~ f~r..a t~ s 2,000.000 0 0 0 0 Investment Expense 0 3,279,313 2,172,285 ~45,136 1 ~862~09~ PROGRAM TOTAL. $110,662,105 f~,41,791,912 $64,796,879 $79,568,798 $137,4-41,1Z2 FLORIDA BAY/SOUTHERN EVERGLADES RESTORATION (Program E&02, Ea06, Eb02, Eb07) ~C.6 406 406 406 406 406 406 406 406 406 406 406 406 406 406 406 406 406 402 406 Florida Bay Land Acqu~s~t,ar~ 12,600.000 10 000.000 10.000,000 10.000,000 10.C~O0 000 4G4 COE Cost Share 1.167.666 ~.167.000 3.0i 1.000 3.181.000 1.5t9.000 408 C-111 COE Cost Share 250.000 TBO TBD TBD TBD 405 8 5 Square Mile Water Quahty 250.000 TDD TBD TBD TBD 408 8, ,5 Square Mdc Area Land Arqu~$d~n 4,700,000 2,000,000 1,000,000 TBD TBO 401 PROGRAM TOTAL $18,967,666 $13,167,000 $14,011,000 $13,181,000 $11,519,000 KISSIMMEE BA.SJN RESTORATION (Program Fda1) KRR Construct'on Reserve 0 Lake Hatch~r~eha Estates 1,647,300 K~ssimmee RrVer Land Acqu~srbon 12~600,000 PROGRA~ TOTAL $14,247,300 3.657.000 6.267,000 1.0!2.000 6.000 0 0 0 0 12~000,000 TBD TBO TBD $15,657,000 $6,267,00,0 $1,012,000 $6,000 $1~2,479,912 $144,593,879 $116,111,798 $170,419,122 GR./'ID TOTAL. $19~,547.974 202 Financial Information 16G ~TjstrJct Fan~ Stract~r~ Sp~xlal Internal Revenue Fund Servke Fund $105,040,750 53,275,919 __ Fund $96,396,863 Okeechobee DEP Aquatic Basin Plant Control $90,893,863 $2,684,128 BiE Cypress COE Aquatic BasJn Plant Control S3,475,934 $542,195 ,%a ~q~ Our F~&L: Rivers Mitigation $4,504~339 $1~ $769,991 ~ ~ / t Sl70,~ Capital Project Funds $209,156,887 UlStrlct Capital 1..~L.~J I ~'o~ho~'i I ~ c.~i~ II Il FEMAFund . Cypress ~ [ t~Eve~lades Capi~l ~l T~s't Fund ~,~2,~ J J H S114,403,476 / Fund ~,~7,~6 Financial Information Fort Pno os FYP7-P8 Ba er Te~M Fund P,~l~ace De~ignact~d 83.503,093 $ 90.117,065 $ 26,216.520 $0 1.1'62.264 12,53%162 93,6 I0,41 ! 0 0 0 12.880.532 0 1,905,1 O0 I 0o,ooo o o 2,260.000 2.926,000 1,031.00(3 0 270,320 430,000 0 0 390,583 0 0 5,275,919 89,491,560 $ 106,108,225 $ / 35,7:~8,463 $ 3,275,9/9 8,045,836 3,695,192 67,525,42~ 0 $ 97,357,196 $ 109,793,417 $ 203~63,887 0 265,333 5.g93,000 (I, 140,3333 (5,018,ooc)) o o o o $ L275,919 o o o TMM 199,836,676 107,307,837 12,880,532 2.00%100 82 17,000 700,320 3,64~6.502 334,613,967 79,256,452 41L~470,419 $413, t70. 41~ A. Water R~u~e IJnd Acq/Mgt C. O&M R~bnal ~ood C~n~ml System D. Wate~ Mgt Phnnlng & Implemen~atmn H. K. War~ R~u~e D~ca Acq & Anal~a W. Discricc-~ide Major Program Support Pr~ram B. Evetglad~ R~torac~n E. FIo~ Bay~ Everglad~ R~{o~tion F. K~simm~ Basin R~tor~r~n I. l~ke 0~ 7~ Reg R~to~on Major Ptgm Sups[ Pr~r~m G. Go~at & Public Outreach X. ~d Wac~ Ma~t Program Sup~ ~ ~M~ Man~emenr & Admin M. S~r~ Te~ Vis/on Y. Funct~n~l Major Pr~m Supper 116,413 $ 10,457,903 $ 53,897,065 875,405 51,927,505 5,767,000 2O.715,322 ~.927,o82 10,496,307 I,lOO,O4g 0 12,277,475 71,139 o 217.504 162,928 0 44,696,426 S 67,6.47,205 S 60,064.065 -t,754,o84 $ 13,~72,g75 $ IL2,605.707 ~, 17,258 3,257,787 19.467.6&', 161.277 3,694,893 14,331,680 1.459,287 3,367,124 0 2,700 2.502,393 0 6,694,606 $ 26,195,072 $ 146,405,053 8,723,731 S 4,0g4,114 $0 133,113 66,634 0 8,836.844 t 4,150,748 $ 34.938,435 $ 7,047,725 $ 2,687,769 1,166,208 0 0 44,344 0 0 36,148,987 $ 7,047,725 S 2,687,769 2.1,063 0 0 0 0 0 24.0(, ~ $o 24,o63 24,o65 o o · 18.128 6-1,.19 ~,,44,1 5g,560.9 lO 23.f~0,404 I 1,596,955 12,½48,614 5go,,i 32 72.a~1.759 30, ? ~ 2.L436 25.066.77.1 18.211,915 L826,4 I 1 2,50%O93 79, ~42.859 $0 $ I 2.;407.R45 0 $ 199,747 S o / L007,592 3.203,728 $ .I 7,877,657 0 $ 1,106,208 0 $ 44,344 L203,728 $ 49.088,209 FY98 Programmatic Matrix 16G c following matrix provides t'~'98 rogrammatic budget expenditure detail fl~r thc District's many activities, projects, and services. Bmh positions and budgeted expenditures arc displayed by revenue source (ad valorem and other dedicated sources). Page 2.4 of this Budget-in-Brie£ provides detail in thc overall program structure, which is used in constructing thc programmatic matrix. More description of the various programs can be found in thc sccdon "District Programs" Thc first two columns on thc following rcp4~rt reflect the number of positions and dollars associated with each program from the general District and ()kccchobce basin act valorem funds. Thc next two columns represent posiucms and dollars assc~ciated with all other sources of fundir~g. 'Fh¢ last columns show total positions and dollars from all sources combined. District-wide W~.ter Resource M~ ~rogr~ms A~ Aa05 Al', Suuve't,'bega~ De~;cr lpt ~,=~ 2t,.wa rdzh:p jqt, Capltt] Prog:am glem~n~ :;uppor L Program Element :;::ppo: r ~t ru !. :'}] ,: 4 : !, r.OO C O0 ?. O ,' ,4.4'Iq. 444 r., · q~,,346 '1. ;71 ..4 , · _,, h2,5,~04 'l 2qO, ',:~. :~r, 2 ' ' ; ','.~,4) - :, ': *, - 2: . , 2;¢', 290 i ' ~. 245 . , . '. - ; : -. :' ',, '~" i , 9 ! q '" . :. ;r , 144.c~9 ' 2: :,. 411% - :: , 42r, . . ~ :,0, CeO 1 Ce02 ,TeO] Ce04 CeOS CfO1 Cf02 ?fO4 Cfg~ CgO~ gg04 Cg05 Cg99 C501 ~'~01 Ci99 ,:jO1 ,:jo4 cio5 cio6 St £ucture Operat lons Malfunction Monitoring Movement of Water Pumping Operat Automat ~R Pu~ & Strutture Op(.rat~on~ Water OD~tr.D[ ~ r'JTt~l'~ Mal~ten~r.~e Cr~s t ruct l O~ Re fu rbl shmen~ Machine Shop H'f,~r au I[c .;ir ;,:Lure .:-,,';: 1''/ Ca.al/Levee Ma i r,'_ t';la:.c° Re rm/L~,vr,~ Mow~ ng Tre~ Managem.nt Ca~a~ Ma ~ ntena~co Opera[ ions and Ha Operatio~s and Malntonanre Equ lpment Maintenance He a'.~ Equl pmer.. Alit '.)~,5 i VO Other Equ [ pm~n~ Program Element Elect[onics/Co~unlcat ~,,:,.; & C,~ fro! ~qineer ing Act FI re/Secu r i ty Teiemetry Radio Sygtems Support & Maintenance Tel~met ~ Maintenance Micr~ave Pr~[am Elemen~ Support. F'."E ' :: A.] V.~ i,; [ om 12.2;' :~3.60 i,,.4r 2.0~ . . !q 6,726,298 47, 490 1,450,596' :, 299,443 490,~3~, 6!8, 7Pr) ',4~4.691 584,377 : , 06' , : .' ;.I,44' i,; 62,955, 1. 1,73% 4,051,71~ !. 1 ~3,~0r' 1,14~,43> 2, 322,490 292, 350 341,586 281,949 462. log 2 ~,51~' FaJ~': ; .',f 25 ~,726,295 47, 490 '{.Z:"~.443 ? ', ~, , 151 584, 377 ~qt. 47] i 146.2 ,I i _,,2, 4 3~1, 715 i , l'~, 4.:S 1,;47.4' 5 _, ¢21, 4;5 341 ,5~6 2~2, 949 ~2. Cenera: :.,-.d: . ~r .- l FTE'~ Ad Valor.~m F'YF': .: .:-,.: E×O% t c/Aqua'_:¢ Plant AquaEJc Plant. C¢~nt. roi Bi.-~contro! £x'~' :c Plan' P,i ~J!lt - :,,~ -',Cay Bound&fy ;;~r',',,y 'M~ Pie/gram P]]ement 3upp,',r' Equ i pm~n' Ca rp~,t r7 'l~'h:~l..'E'J' :I ""r ' 258, 5,29],519 300, i -~'7 , 129, ',C1 , i 7? , ~6'~,* ~,~ ,.r, 4, .; ~9 3'UL : Malor LEC Wa¢er Hgt. Ptanntnq & Impl. Plan Development and Coordination LEC [.oca[ Im~:~mentation North Palm R.~arH Ct'¢ W~L+'F Mqt. Plan LEC Minimum i:~,ws and ~. Palm D~ach :fy Inte¢]rated War P1 S. ~de Water ~gt Plan Develop Pa:ri'. ~',l Driven Evrg ~ ailed Palnnln~ o~ C-,i Cr.,isr. al ~rr)w.ar'l Comp wat~'r H9% Plan LE" Plan R~g~r,:-~41 lmpl~mer, ratl~,n LW? Water Mq' PlannlHq ~ :rapt. Char l~,tLe S. Lee County w~t.~shed Min Flows & [.~,v~is Big Cypress Sat'I Prone Calo,DsahatcLe,~ W,:]t,?r H,~t Planninq Pre,gram Ele. ent :;upF,oFt o[)rml East. Coar;r wat~,~ Mgt Imp l.ncal Implem~'rV at lan Re9~onai ImplemenLat ion IRL SWIM Update IRL License Tag Projects Indian Riverl.aq(~n/St. Lucie Estua:'/ Program ElemenK Support Goneral Ad valorem 22.70 5.55 O. 3.20 4.4:, '..95 O.if~ 0.5~ 2.2( 2. iq ! 0.1 2.5% 0.~,' 7,249,q86 429,51% 2,%36,211 q30, '..I ,;r,~, 77, 304 40~',, 25~ } r, .7 , ,l ,l 2, i a '~, C, ,14, fOP, :, 4 0, ~7. 2 '* '; I I 27'~, G . 0 C, , . G :! i 7r), '.. : : r,..,, q2). "., ,2 ;t,'. _4 4;. 53, ~'73, n2 04 ,i , 2C :. ~t, '. ,:: 37,4) 2:, ', i~ ' ~:,,4.' Ki~simmee Bagtn water [ K~s.s, Ba~tr, 'aa~r*r ~upp',y Plan Reglona t Kl~l~mee Chain ,*;[ I.ake~ Plan Pt ogram Element. Big Cypress Bas;n gco[ogi cal Assessment Cot, tour Mapp;ng EnGineer ~nG/Dnnign Program E l em¢?r;t C&SF Restudy C&SF Restudy :PL Foan~ il:L'/ East Coast. R,;fle: L-28 Feas~k,:' ;'7 SLu'J7 C-7, '1-~ and '*-'~ Lake [tokp,),;a !o,'N Program ~ 1 ~metlt_ ;;IJp[l' ,: Hydrologic M,,4,,~i:l,q Hode~ Ma iht cna n.-,~/UDg ~ ,~d,' Traini nq / ~cum,.n '. Program Element Supp<rt Otstt'Ic~ Watet Management. }'lan P]an ~ve I opmorA Progr ~m Support Program Suppo[r Regular t~n Envi.ror, mentaI p,.c~ ,roe F'ermit_ttnq Appl i :atlcn, ,7.:~mp [ Lance Regulator'/ Ir, fo Management Pre,Wi lm El~mer.r ::'~pF,,')~t Ad '/al',r,'~ 1I .75 0.20 r) l [0 2.90 0.40 0.2 (I 1 . r~. 10 ,2.2n O. a. ~5 0,73 ,S, 60 4 }" i 40 2 O0 40 ']. 4 d 12,19 159. 109.26 20. ~6 F166, 57,462 10,572 24, 077 4'), 974 ~0, 75r, 43,321 4J.321 q6q, 1,305,130 ]0 JUL 19'~7 04:48 S,)uth Florida Water Management District Ma]or Hb HbO! HbO2 Hbg9 Hr01 Hcqq HfOI K Ka ~a02 Ka04 Ka0q Ka0? Ka08 Ka0g ~ag9 Kb Kb0l Kb04 Kb05 Kb99 Kc Kc0! KC02 Kc04 Kc05 Kc06 KC99 Kd Kdg9 Kz Kzg9 W Water Use Permitting Application, Compliance & Criteria Devel Regulatory ~n~o Hanagement Pro)ect Review Program Element Criteria Dev~ l ~4~me~t Criteria Development SupT,c,r% Water Res<,ur.:o D4ta A,~q { ;..:.a .'/ :: l ~ BI2 3upp,~* Streamgaug~ng I~strument Equipment Program E[ Data Proce;s~n~ Quatity Contro]/'Data Report tnq Laboratory Ana Data Col [.ct ion Program Element Support Hydrogeolog:c Da~a Processing Database Drilling ~ydrogeo~ogic Hydrc~eologic Modelin~ Program Element ~upport Data £valuat~cn Repo~tin~ Data Evaluation Program Element Support Program Support Program Support D w Major Program Support ,;enera! FTE':; Ad Va~,~em 43.05 29.00 i2,25 I. 2 .~0 I. )0 24 . ,0 4 4~ 2,00 3. 12 10.10 4.00 ~2.60 2.70 2. 40 2.30 2.O( 4 .59 2.60 2.00 8.00 ~.00 0.00 2,923,704 ,792,769 946,849 2%8,64q 2i5,412 545,40a 20,5 , 3u2,01 702, 416, ,94q, 77% 272 23:] 348 O1R 277 620 :, q02 035 714,6~4 !~2,420 241,844 139,264 351,242 272,5~ 407,244 218,339 188,905 79R,525 799,525 3 q 2,2 q 2 FTK' :: 0. O0 0. r) 0 r). O0 r' . < Q ¢, O . O') 1'66 2 4 00 Z7',:, hZ0 2.60 21'~, ~)< 04:48 PFogramma~[c Decal! Eepor[ FTE's Ad '/aloro~ FTE': W~ D W Na~or Proqram Suppor~ W~qg D ~ Major Program Support 0.00 352,292 0.00 0.00 352,292 0.00 28,140 28,140 "~. O0 380,432 780,432 ]0 JUL 04:48 Sc,,~th Florida Water Management District FY 1997-19q8 Budget Program~r~tic Detail Report 16G 2 B Ba Ba01 BaO2 Ba03 Ba04 Baq9 Bb Bb01 Bb02 BbO3 Bb04 Bb05 BDO6 Rb07 Bb08 Bb09 BblO Bbll Bbgg Bc BcO1 Bc02 BC03 Be04 Bd Bd0i Bd02 Bd99 Be BeOl Be02 B~02 BZ BZ99 E Everglades Restoration Everglades Construction Pro]ect Land Acqul:]'~i<h Design and ~onr;t[uCtiOt: ECP Permitt in~ Monico) ring Program El~menK Suppor% Rezearch and Data Collection ~rglds BMP Effectiveness R~rch ~erglade~ S,~$~plemental Technology Establl~h Eeo/Hydro Needs ~,f EPA ~r~lds F,>t,,J w~b/WadinG Blr~ Effec[ ~IR Data Anal7~l~ EPA Wate~ Qual;t'/ Mode [ ing 404 Perm,% F~3h, Hon P~rcury ~es,,4rTh and H ,.ql,,3:/llg Pr~ram Et em.n~ Management and ~'-~ordlnat Inn Non-ECP Permit ~oni~orlng Reqtllato:y Act : Retorting ~rgJds WorKE cf the Dis% Perm)fLing Application, ?ompl ian7~ Regulatory [n~~, EXOTIC SpeclOS L'cntrol Biological Monito~ S/or.at er Trea tm~.nt Pump & St[uctur~ C~era/lon~; ~R Pro)ect Management Pre'ram Support Pr~ram Support Florida Bay/gc,,J~hern ~e~qiade¢ Restorat[o G~n~raI FTE'3 Ad Valorem 159.~4 74.63 0.00 0.00 0.00 0.00 0.00 %1 ,80 C.O0 2.20 7 . ', '} 2. ~0 2.~3 ln.~5 i. ii' : . 0 r~ ~.o'T O. CO 2.ao 1.05 I. 32,578,020 18,126,959 0 0 0 13,69~,477 2,09g,44n 418,760 2,426,100 ?I9,2~ 254.?~q 6qO,!~h 2?,4~t ~90,452 [ 125,]qd 616,~40 636,25% 241,9~ 21q,760 ~47,571 12~,797 2 135.900 50,000 604,764 [60,94b q4,Sq2 FTE'~ 112,h05,707 ! 12, n0~,,707 ..,';! !, q'*', '.,., ,:i ~, ',c~, ',4£, :45 ,:~,.;~-, 0 16G 2 ;q .JUL :5')~ ;4:4~ C-Il1 Pro}ecl Implementatlon Fro~ect Management Land C%,er~tlons % ~,~:nt~nanc~r Mod~ f led W~ler Project Management LanO Acqul~it~mn Hydrologic Eight & a Ha:f Cquare '4iI~ Area Program Element Assess/Report ,:[ Assess/Report ot Ecolc,glca~ ~mpacts/Bene[~ SO. ~/rfgJd~/Flc, rida Bay Research~ Monitor Groundwater Water Quality Treatment Tochnolo~/ EGO. Response ~ , Rosto~at;on Activlt.~es Program Coord~h,~tion~PMCl/Plan Deve~,j,. FB Research - geagrass M~,~talltY and Algal Blooms FB Research-Fr~:;h Wat~ Trans Zone WQ Monitoring - :iouth~[n Everg!ades WQ Monitoring - Florida Bay wQ Data Analysis-Southern Evorglado:: WQ Data Analysis-Florida Bay Program Element Support Florida Keys Water Quality plan Wastewater Master Planning Program Element Support Pr~ram Management Externa! Coordination % Public Out~each Intgrnal Coordination Budget & Funding Issues Program Support Program Support Ktssimmee Basin Restorat ion Ad '¢alor¢-m 4. '~. 20 0.a0 ¢ . ~,-~ 1 . 30 0.Tr~ I ', . 0 :) C. 0.30 0.[0 O. OG 1 · u. 75 O.q5 0.2C t .21 i .2! lq.40 705,743 55,323 .7. ~77 90,6~2 2?9,799 45,8'~2 ql,r:4? 50,104 ~5,22r 44,422 15,~C5 134,~7~ 309,558 13,111 i0~, 832 ~72,431 94, 725 45'~, 25¢ ~5,300 ~0,086 ?,5~6 ~ 550 q9,621 41,220 15,96~ 152,212 152,272 3,856.170 FTE' ~ Ded 1 ,'at ,--,i t, '.2,624, e6~ r, 00. 000 %00, 0 0.5q 0.20 1.21 q . 7 q JUl. 1997 64:4A South Florida Water Management Distlict FY 1997-I)98 Budget Programmatic Detail Report FTK' :: A J '/4 ', ,~rem :'.'TF. ' r; Fa FaOl Fa02 Fa03 FaO4 Fa05 rb rbOl Fb02 Fi)O] Pc FcO1 Fc02 Fc0] Fd ?d01 Fd99 Fz FZ99 Ia01 Ia02 Ia0] Ia04 laOS Ia06 Ia07 Ia08 Ia09 Iai0 Iall la12 Iai] Iai4 lal5 Ia99 Ib lbOl lb03 Ib99 R~storat lr)n R,~r;ea r ch Physical Response Chemical Response (Sur[ace % Gmd. H20) Functional ~-:~porlse ~Enerq'/ Fl,r., Habltat~ Oa[a~se Engineer tnq Flood Concrol & Protec, i,n Re~toraL lot, Pr~ram Management Internal C~rdinatlon External Project ~udge,.lr, g band Acquiz[%lon L.O. Re~¢arch a[:d Data '7,' '. i~,ct.l,:,n in-lake research: exotic plants In-lake research: water l~vel In-lake research: nutrient lmpa,.'ts In-lake ecological Er.nd as~ossment. bake wO & Hydrod.r, namic Watershed BMP ~ke & Wa[e[sb-d Da[abas-/CI:~ in-Lak- Water A~lent watershed mo~to~ lng Analytical Enhancements Data Anal,/sis & In-~ow ~ni[nrinq Program Element L.O. Planning SWIM Plan Implem-ntat ~egulation Scheduie ~;tudy Program Element Support 0.60 1.10 1 .20 :.00 0.30 0.20 ".40 S 20 2.20 I .40 ,.4(3 ~.~0 :.,. ,?, C 24.7r- 0.?0 2.~0 ~ .40 ~. 40 0.40 t 65 I 70 0 60 2 25 0 O0 0 SO t O0 I .20 1 O. 20 L.O0 1.445,9h3 104,592 288.8n2 6lQ, ¢,Rr. 2 ',' 1, 1 209, 1,575,24; I i, '¢ ? 2 268, 2 174,730 5},871 464, 727 ::7( , r, :: , -, r, 9$, 1 12I. 145 i ~,2, ~'~. 24~, 279, 224, 77,532 ~2, 115,025 '~0, 150 21,4ql ~7, 300 SiT, 582 SqO, tS6 i 6. 277 64r, O.OO O.OC 0.00 0. O0 O. PHi 0.00 (; . t) '3 O. 0.00 O.Oq O. lC O. ) ') .3 '5 ;i '] :]. or; 8.00 0.00 0.00 O. O0 0.00 0.00 0.00 9. O0 9.00 q. S 0 r~4, :.;,.",': , '~6c r,,), ,;00 O 0 ¢ 0 0 106, 65R 2 )0 JUL 139~ 04:48 South Florida wat-r Management [u::trict paqr.: i2 t~ it, :C IcOl lc02 IdOl Iz Izgg Z Zz ZzqQ Application, ,?,,~pitance & C~iteria ~vel P~eq~katcr'/ ;~(c~ Management Exotic Conr {ol Pr~ram guppr,~ ~ Pre. ram Suppo~ · R & R Malor Pr,~,~ram Slppott. F'TF ' '; Aa ','a i ~,rem 5.30 278, q72 4.00 198,849 1 .~10 R0,121 O. oo 1,520,000 6. (.0 i , %/.0, O. O0 8,224 9.9o 8,22 i ~. qO 2 505, 13.OO 2 S05,09~ q . O0 O.O0 3.00 0.90 r~. 0.00 Major i, r t.j t 4m/pr o<j r.~m,, E Jomr. rlt FTE' '; A.t Va Jorem .uTE' ~ [~,:-rJ i ,]ar.-.,'] ';bO ~ Gb04 GC02 GcO] '3C04 ';cOS GlO1 ~;f02 G~ 01 Gg02 Gh Gh01 GZ GZq9 ~X XXqq Gov¢.rnment & ['ub~ ic Outreach [~Sca! GO',' Comr)r~heDslv~ Planning Local G~v ?.,mr,r..,h~nslve P10nning Paring.[ships Water Conzervat ~on Water ~esource~ Initiativ~ L 0 Scenic T~all Gore ~ nment Federa J/Congres~ lona J Outreach ~t. atP/L~gl ~[aL rye Outreach ~ca] Outreach Tri~l Out reac~ SUSTAINABLE SCUTH ~L~R~DA Pr~ram El~mer,, Support Public Pub] ic ~n~,r,,n' Co~qr, tty Relat MIrlORI~F :;poak~rs ToUr S Vol unreel Edu ca r. l on Water Resource Teache~ Training Cu~ rlculum Water Co~ervat l,%n water Conservat ~on Program Super t Program Support L W Major pr~ram L W Major Program Support L w Ma)or Pr~ra~ Support 11,t19,g92 ll,llq,;~4S alz, 2"2 404 "~ '~SL, i 00 gOO, 000 4~6, ; ~:, . 71~,~25 I~7,91g ~99,747 i lr', 747 i,*,02,00C ~,k. ~outh F[o:lda ~st~r MT,;1&gemen~ Dl{trlct FY ~9~-~998 Budg)t program~a~l¢ ~"~.~ail Report FT£'~ A~ Valo~e~ rTE':; l~mct/on~t ~q)ort S~r~Lces Progr-- L LaO? 1204 La06 LbOi L~O4 L:Oe L~3q Le LeO1 L~99 LfOl Lf02 LfO] L(gg Lg L902 Lg~9 Lh LhOl Lb02 LhO] Lb04 Lb05 Lb06 Lhgg District/Basin Management & Admln. Administrativo Suppc, r' F',:ghc Op,.ra;: :.,.~ Travel Pt ogra~ El om.,:.' O~.udsff~n ~rations Legal 2uppo:t Regulation & [ Program El ~-~'r,' ~ffVlC" <'r,~L¢,[ ~:~a'~:-~.~::' SERVICE C~;TEP MGT t Budget 1 nq Fi~ancia I Aha l'/s t :; ,' B,;d ;,~t, BudgeL Frei,. and De','~l, Ag PrlvJleq~ T~x Adm~r,::~rat Program El em~mt Pur chas ing Program Element SlJpplier Direfully arid Policy Management & Cnordina~ion Support Contract Compliance Analyst:; Pr~ram I~lementatl,~n i Outreach & Training M/WBE Certi¢icatlon i '/ond¢,[ Dat~lbaae Main Governing Boa:d Bt 1o{ lng & 2uppo~ ['rogram Element Sup~:,~t 307.24 297.49 16.05 2.90 O. On · . )0 ~,.~0 ~.4~ 2.7,~ ~.10 ', ... 3,, ~.O0 9.$5 ;.lq r>.6c 0.7 ] ~.~0 44,0]I~, 122 42,~27,%70 2,38b, 40o ':.. 2/.: 152, I~', :~r.,:.,,4 )~ ~, 224 lSb ?zO 22'~ 74: : ,2;4 I7. ,, 594, '"' 23~ ,4~' 47''' 3Qr, 717.q4~ 25q.512 20l,hqR 214, T;~ 55g,414 10~, 344 122,43'~ 4~ , 14.20 i4.24 O. 0'5 O.£,c 11. ri r~ Oq 0,3 C 0 90 C 0 c~ 000 0 0 c} N 90 Z 'jO HJL 199~ t4: 4~ Ma~o[ Prc, g~am/Pr,~qramt£1ementlAcLlv~ty ~eneral FTE'¢ Ad '/alnre~ .;'T£'s Li LiO1 L}05 LJO'% bJ07 Lk Lk04 '..k 0~ Lk08 Lk09 Lkl9 Lkg9 LI L191 Lm [.m01 Lm03 Lm05 Lm 99 Ln Ln01 Ln02 bn03 Ln04 Ln99 Lo01 Lo02 L,oO 3 LoO 4 Lo05 bo99 Inspector General Inspector General Information T,~chnoloc~ Mana,jem~nt Suppor Systems integra;lOt. GISIRe~te Teleco~un~catlons/Ad-inl~tration Infrastructure ManaGement Pr~ram El emenl inior~t ion Sharing Visual Co.un l.:at l,,ns Web Development Sofcwa r- [,eve ! -,pmen~ Com~un 1 cat 1 or;s Year 2000 Compl~anc,- Trainin9 End-Us~r ~upw~r t l~[or~tl,'m g~r'/l Pt ogram El ~m~r,' Contingency Rese r'/e~ Contingency Financial Treasury Management Account ing/Financla ] Proper~y Appraiser/Tax Col lector Program Element Rl~k Management Insurance Adminls~rat Ion Benefits Admlnlst~ac~,n Occupational Safety Occupational Health Pr~ram Element Supper Hu~ Resources Management Recru i tment/Relocat Ion Employee Development Compensation Administration ~loyee Relations Affir~tive Action/EEO Pr~ram Element Support 7.00 O. O0 : .2f :6.3c, 2.60 4q.9% 8. (,. ¢9 U.O0 ~.00 c.25 0.00 O. O0 0.2% 20.~% 8 O0 4 gO 2 00 I O0 682.0%9 682.059 680,101 974,26~ 227.622 365 i99 74:, r, f4 297 ?r4 214 041 i 09~ 2 09~ ~27 % 427 769 lqS,91u 1,593,455 3, 342, 296, 4 0 0 30,590 2,254,744 829,]62 287,~54 273,650 233,522 80,504 c . I:. lO 2.00 3.on 2.00 0.~0 0.00 0.04 O. nO ~.00 g. O0 0.00 .; 726,9;2 59, 0 < 0 0 0 9 A?. ,,Jn~ ',.f) ' ,Or, l, !. 40 680, I .20 974.2%9 8. 35 4,452, 2.60 227.%22 : . i: 1~2 : . ~, qt7 -. ',9 %64 i~,~ ~ . ~c.,.2: ).'' . ~ , 2, 224,i''r '.'.,: 2~' i~,. C~' ; , [el. 4~, D.40, 4, :4. ,., '.30 72~, 9v2 2.'.' ' . 519, : 2). ~:: i, 254, '44 ~ ,;5 ~2''~. 4 O0 2q~. ~4 2 90 2~ 3, ' , O0 2~ 3. :). a~, a,' , r,C FY 1997-1Q~ Budget Pr~qra~mntl,' De,alL ~F,'~r :'TE':: Ad ','alo~,~ FTE'~ Cont :'o', Capital F': ann; ~429 * Ptr),qra~ 3u;,;> :' ;r~n.t Total Percent of 26. I0.25 ; .4r :.. ~,940.51~ 1.664,3P5 ~29,zI~ 1~0,~:~ 27~,2~ 45,4~~ ;45,"~Z 156,4~a 1~6,49k 44,~44 44,~44 44,]44 0.00 §. 0 0 C. 0 0 ']. 0(, 2.'? 197,40~,,g64 47. 70~, 16G 2' *FTE total includes 4 job share positions (.5) 16G Appendix FIMflM¢IflL MflIYfI £M£MT rhee'District has a re~nsibility to its sidents and taxpayers to properly account fi)r public funds. The Principles of Sound Financial Management were developed as guidance to the agency when making and recommending financial dccisi~,ns. Thc Principles were adopted by the C;,verning H,~ard during its January 1992 meeting and arc integral tt~ the District's goal of fiscal accountability. l.istcd below are highlights r~f the District's 16 Principles of Sound Financial Management. Annual Fiscal Plan The District shall annually ad,,pt an olx:rating plan. 2. Capital Projects Plan The District shall annually adopt a five-year capital projects plan. 3. Strategic Financial Planning The District shall incorporate five-year planning into its financial stratc~,4es. 4. Cash Management The District shall maximize its cash position. 5. Debt Management The District shall exhibit purposeful restraint in incurring debt. 6. Revenues The District shall maintain a diversified and stable revenue base. ?. Reserves The District shall maintain reserves to provide some ability to address emergencies without short- term borrowing. 8. Risk Management The District sh:fll guard against fi~rtuitous losses which would endanger personnel, property, or the abilit?' to fulfill its mission. 9. Procurement and Contracting The District shall prom,~tc maxtmum value products and services acquired through an open. competitive, and accountahle process. 10. Accounting and Financial Reporting The District shall provide useful, Umcly, and accurate financial information for rcp~rting, analysis, and decision-making. 1 1. Performance Review The District shall per~xiically conduct internal performance reviews of its maj~,r projects and Initiatives. 12. Independent Audit The District shall provide for an annual independent audit of its financial statements. 13. Internal Audit The District shall maintain an internal audit function. 14. Internal Control The District shall m,'dntain an cf(cctJvc s,.'stcm internal controls. 15. Business Ethics The District shall conduct all [)usincss affairs in accordance ,.v'ith the highest level of legal and ethical standards. 1 6. Internal Service Allocation The District shall establish internal service funds to account for the financing of interdepartmental goods and services. 6.1 16G 2 DEFINITION OF TERH$ Ad Valorem Tax A tax smp,~sed em thc value of.real anti personal pr,,perty as ccrUfied by thc property appraiser in each Comfit'. Appropriation ;\uth,,r~zaum~ granted by the (;cwcrning Board i,, make expenditures and to incur c~bligamms fi~r ~,pccHic purp,,',cs as set fi,rth in thc budget. Assessed Valuation A value cstabhshed for real and personal propcrry by thc property appraiser in each county fl~r usc as a bas~s f,)r IcvyinK ac{ vah~rcm (propcrty) taxes. Budget ..\ plan l',,r Iht accrm~l~hshrncnt, within a definite time periled. ~ff per,grams related to established obicctivcs ant? goals, setting forth estimates of thc resources required and the resources available (usually in companson with one or more past periods) and showing future requirements. Capital Projects Individual facilities and land acquisition pr~,Iccts identified in thc Five-Year Capital Improvement Pr.gram, all ~,f which are of a fixed capital nature. Encumbrance The commitment of appropriated funds u, purchase lgc~ods or services and t,) set aside these funds fc~r future expenditures. Expenditure The chsbursemcnt of appropriated funds to purchase go~xls or services. Fiscal Year A 12-m~,nth pcru~t ~,f Umc fl~r which the annual budget is developed and implemented. Thc fiscal ','ear fi~r the District is October I through September FTE "Full Time Equi,'alent." i"FF. ~s a measurement c~f manpower both planned and utilized ()nc I-'rE is equwalent to 2,0130 ,.x'c~rk hirers per year ( '}nc full-time employee ,,'or 'l. unK 4~ h~,urs per '0.'eck f~r 5,2 weeks is 2.080 u.'{~rk hours. Fund Balance On-hand available cash balances which are realized m pn,,r fiscal v~.-ars anti available for dcsignad~m as a fundinJ..[ s~')urc¢ fi~r a f'un~rc budget }'car. Mill l(qualsSl tax f,,r tach Sl.Oll~t,ff taxable x'aluc. Revenue Monies received from all sources (with thc exception of fund balances) which will be used to, fund expenditures in a fiscal year. Rolled-Back Rate Refers to the millage rate which generates thc same tax revenue as last year exclusive of new construction. 'line rolled-back rate controls for changes in the market value of property, and if levied. represents "no tax increase" from the prior year. TRIM "Truth in M/Z/age" statute adopted by the Florida Legislature which establishes a specific time table and procedure for local governments to consider and adopt their annual budgets. 6.2, ~qppe, n ~ix LIST OP i¢I OMYI I$ fiBBI G ¥1 I TI O#$ AS~- ^q~£¢r Storage and Recovery C~P~- C:onserva~on and Recrcamm L~nds Trust Fund COE. U.S. Army Corps of l:,nginecrs CREW. Corkscrc,,,., Regional t';cosystcm Watershed C&SF- Central 8: Southern Florida Project for Flood Control and Other Purposes DEP- Department of Environmental Protection EAA - Everglades Agricultural Area ECP. Everglades Construction ProlcCt ED- Executive l)lrector EFA. Everglades Forever Act ENP- Everglades National Park ENR- Everglades Nutrient Removal EOC- Emergency Operations Center EPA - Everglades Protection Area ERP- Environmental Resource Permitting FCD- Central & Southern Florida Flood Control District FDOT- Florida Department of Transportation FP&L - Florida Power & Light F,S.. Florida Statutes GB- Governing Board GIS- Geographic Information Systems IRL- Indian River l.ag(x)n ISTEA - lntcrmodal Surface Transportau,~n Efficiency Act KOE- Kissimmee-Okcechobec- Everglades KRR- Kissimmee River Rest()ration LEC- Lower East Coast LOADSS- Lake Okeechobec Agricultural Decision Support System Model LPO- Locally Preferred Option LWC- Lower West Coast P2000- Preservation 2000 PLRG- Pollutant lzmd Reduction Goal p~'o/- projects or projected PTM- Phosphorus Transport Model rev.. revenue(s) $OR- Save Our Rivers STA - S tor mwate r Trca tmen t ,-\ rea SWIM- Surface \'(hter Improvement anti Management TRIM- Truth In Millage 117ASP- Water Augrncntauon Supply P~tenr:~l Model i,VC.A - Water Conservauon Area WE'T- NaUonal Prol¢c~ Wetland F~ucat~m f,,r Teacher~ {I:zaSILTF- Water Management lmads, Truat ~:und 6.8 16G 2 Award PRESENTED TO South Florida Water Management District, Florida / For the Fiscal Year Beginning October 1, 1996 ~ ~'/he Government Finance ()fficcrs ~ Association of the United States and Canada (GFOA) presented an award for Distinguished Budget Presentation ~o thc ~uth Florida Water Management District for its annual budget for the fiscal year be~nning October 1, 1996. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan anti as a communication device. Thc award is valid for a pericxt of one year. \Vt bcheve our current budget conunucs to cont'orm to prtstram requirements, and we are submitung ~t to C;F()A to determine its eligibiliD- for another award. In adchtion to thc Distinguished Budget Presentation Award presented to thc District by the GFOA, the District has received three other GFOA awards, one for outstanding achievement in Popular Annual Financial Reporting, one for excellence in financial management, and thc other for thc District's (~omprehensive Annual Financial Report. Currendy, the District is the only governmental jurisdiction in the United States and Canada to have received all four GFOA awards. 6.4 Annual 'Operating Budget document demiied summaries of the budget, fin~ces, personnel, and capital projects. This document serves two disnnct purposes. ()ne is to present the Governor, State l.egislature, District Governing Board, and public with a clear picture of District services and policy alternatives. The other is to provide District management with a financial and operating plan that conforms to governmental accounting standards and guides District operations through the upcoming fiscal year. Comprehensive Annual Financial Report This document contains the District's audited general purpose financial statements, h also includes supplemental financial information on individual funds and account groups as well as financial and nonfinar :iai data and trends. District Water Management Plan This plan represents the District's comprehensive examination of the myriad issues of water supply, flood protection, water quality, and natural systems management in the 16-county South Florida rcgicm. 'l"he plan is intended to serve as a direction-setting document and a communication tool. It is also a source of technical information for local governments seeking guidance on water resource issues. Principles of Sound Financial Management A guide used by thc agency when making and recommending financial decisions. It contributes continuity and coordination to the District's financial affairs. For a copy of any of the documents listed or an)' further information, please write to or call: South Florida Water Management D/strict P.O. Box 24680 West Palm Beach, Florida 33416-4680 (561)686-8800 or (800)432-2045 (Toll Free In Florida) 6.5 Date: To: From: Re: November 19, 1997 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Local Law Enforcement Block Grants Program Enclosed please find the original document as referenced above, Agenda Item #16H1, approved by the Board of County Commissioners on November 18, 1997. If you should have any questions, please contact me at: (8406). Thank you. Enclosure tJ.S. DEPARTMENT OF JUSTICE OmCE JUICE ROO MS [ 'l oJP I xl l__lBJS l_ IN,., 1_5 ovc CltECK APPROPRIATE BOX AWARD COOPERATIVE AGREEMENT I. GRANTEE NAME AND ADDRESS (Includins Zip Code) Coonty o f Collier 3301 Tamiami Trail Avenue Napl~, FL 34112 BUDGET PERIOD: FROM 10/01/97 IA. ORAN'IT.E IICS~E~DOR NO. S~I 6. AWARD DATE 09/30/97 2. SUI~E NAME AND ADDRESS(lncludinl Zip Code) 4, AWARD NUMBER: 9'7LBVX4249 5. PROJECT PERIOD: FROM 10/01/~7 8. SUPPLEMENT NUMBER 2A. SUBGRANTEE IRS/VEN~R NO. 3. PROJECT TITLE Local Law Enforcement Block Grants Progrnm - FY 1997 16H- PAGE I OF TO O9/30,~9 TO O9130/99 ~. ,~CTioN ....... 9. PREVIOUS AWARD AMOUNT $ 0.00 10. AMOUNT OF THIS AWARD $279,267 I I. TOTAL AWARD $279,267 12. SPECIAL CONDITIONS (Check, if applicable ) I--__X1 TIlE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTII ON THE ATTACHED 5 PAGES 13. STATUTORY AUTHORITY FOR GRANT TITLE I OF TIlE OMNIBUS CRJME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TITLE 2 OF TIlE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601. ET. SEQ.. AS AMENDED VICTIMS OF CRIME ACT OF 1984 , 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473. AS AMENDED Aastata~ Count7 Attx~rae.v TYPE OF FUNDS: ['_~] OTHER (Specify): Omnibus Approprimlons Act of 1997 " 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A THIRD YEAR'S BUDGET PERIOD: N/A AMOUNTOF FUNDS: ......... -. N/A. .. ~ _ _ . TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LE1-FER OF CREDIT [ X ] YES } NO 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAl. 18. TYPED NAME AND TITLE OF AUTttORIZED GRANTEE OFFICIAL Nancy E. Gist, Director Timothy Ilancock Bureau of Justice Assistance Counly ~oard Chairperson SIGNATURE OF APPROVING OIP OFFICIAL 19.~ URE O ' UTItO ZED RANIFE 19A. DATE ~0. ACCOUNTINO CLASSIrFICATION CODES L 17E82 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I~OJECT N~4BER U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS 1o " I xl mall OnD,' I"Js I.._1 ,,', I OVC ,,OX 97LBVX4249 AWARD CONTINUATION SHEET II cooe _R, vE AO".EEME AWARD DATE 9/30/97 SPECIAL CONDITIONS 16H- PAGE 2 OF 6 1 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. The recipient agrees to comply with the organizational audit requirements of the applicable OMB audit circular. The first audit report period should be for 09/01/97 to 08/31/98. The management letter outlining audit findings, submitted by the auditing organization, must be submitted with the audit report. Grantee audit reports must be submitted no later than thirteen (13) months after the close of each fiscal year during the term of the award. Recipients who receive S100,000 or more of federal funds during their fiscal year, are required to submit an organization-wide financial and compliance audit report. Recipients who receive $25,000 to $100,000 of federal funds, are required to submit a program or organization-wide audit report as directed by the granting agency. Recipients who receive less than $25,000 of federa; funds, are not required to submit a program or organization-wide financial and compliance audit report for that year. Note: If your audit disclosed findings or recommendations you must include with your audit report, a corrective action plan containing the following: 1) 2) 3) 4) The name and phone number of the contact person responsible for the corrective action plan. Specific steps taken to comply with the recommendations. Timetable for performance and/or implementation dates for each recommendation. Descriptions of monitoring to be conducted to ensure implementation. The submissions of audit reports for all grantees shall be as follows: 1) Mail original and one (I) copy of the completed audit report to: U.S. Department of Justice 2) Mail one ( I ) copy of the completed audit report to: Federal Audit Clearinghouse Bureau of the Census 1201 E. I 0th Street Jeffersonville, IN 47132 3) Mail a copy of the Cover (transmittal) letter to: Office of the Comptroller Office of Justice Programs Attn: Control Desk, 5th Floor- Audit Division 810 Seventh Street, NW Washington, D.C. 20531 P~O~ECT NUMBER U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS I I oJP ix I .J^ I I oJJOe [I .Jsll .I;ll ovc A Om^TE 97LBVX4249 AWARD CONTINUATION SHEET Ixl GR^ T II COOPERATIVE AGREEMENT AWARD DATE 9/30/97 SPECIAL CONDITIONS 16H-1 PAGE 3 OF 6 I1. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement.twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue 'q'his Iz'oject was supported by Grant No. 97LBVX4249 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The recipient agrees to provide information required for the national evaluation. The recipient agrees to provide I;31,030 over the grant period in a cash match. The recipi,:nt is reminded that the match funds are auditable under Special Condition #2 and will be binding to the recipient. The recipient agrees to submit, at a minimum, semi-annual reports on its programmatic activities. The first programmatic report will be due on January 30, 1998, covering the period ofOctober - December, 1997. The next report will be due on July 3 I, 1998 and cover the period of January - June, 1998. The next report should cover the next six month period and is due thirty (30) days after the end &the six month period for the term of the award. A final report on the programmatic activities is due 120 days following the end of the grant period. The recipient agrees to establish a trust fund in which all payments received under this Program must be deposited. For the purposes of this grant, a trust fund is an interest bearing account that is specifically designated for this Program. Only allowable program expenses can be paid fi.om this account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including match and interest earned) during the 24 month term of the award. The recipient agrees to submit quarterly financial reports. The financial report is due 45 days after the end of each calendar quarter. A final financial report is due ! 20 days following the end of the grant period. The recipient agrees to supplement and not supplant state or local funds. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in funds from the award being frozen, until such time as the recipient is in compliance. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 101 (aX2). that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. b~i, FOe,~t'~ (~y,. ~ eREWOUS Exxno~s A~ OaSOt.~E SHEET I . I C~PE~VE AGREEMENT AWARD DATE 9/30'97 SPECIAL CONDITIONS PAGE 4 OF 13. 14. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel that the units of local government will establish procedures to give members of the Armed Forces who, on or after October I, 1990, were or are selected for involuntary separation (as described in section I 141 of Title I 0, United States Code), approved for St'l~amion under section ! 174a or ! 175 of such title, or r~tired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. The recipient agrees if funds are used for enhancing security or crime prevention, that the unit of local government -- (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(aX2), or any crime prevention programs that are established under subparagraphs (C) and (E) of section 101(aX2), on the incidence of crime in the geographic area where the enhancement is undertaken or the program is established; (b) will conduct such an assessment with respect to each such enhancement or program; and (c) will submit to the Bureau of Justice Assistance an annual written assessment report. The recipient agrees that prior to the obligation and expenditure of any Local Law Enforcement Block Grants (L.LEBG) funds, at least one (I) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient will provide notification to B.IA, through the submission of the Follow-Up Information Form, on the contents of the hearing. BSA will review the form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice (GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds. At that hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. )]i~ fO~,~"2 iJ~E~'. ~7~ ~R~vIOU~ ~DITIONS A~,.~ bB,~LE"J''E PROJECT NUMBER 97LBVX4249 AWARD CONTINUATION SHEET AWARD DATE 9/30/97 SPE~IAI~ CONDITIONS. 16H-1 PAGE 5 OF 6 15. The recipient agrees that prior to the obligation or expenditure of any Local Law Enforcement Block Grants (LLEBG) funds, a designated or newly established advisory board will meet to discuss the proposed (purpose area) use of the grant funds. Thc recipient will designate the advisory board to make nonbinding recommendations to the recipient for the u:,e of funds under thc LLEBG Program. Membership on the advisory board must include a representative from the following, however it may be broader: a) the local police depar'anent or local sheritTs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and c) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The advisory board must review the proposed use of thc funds under the LLEBG Program. The recipient will provide notification to BJA, through the submission of thc Follow-Up Information Form, on the advisory board. BJA will review the form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice (GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds. 16. The recipient has certified it is in compliance with the Public Safety Officers Health Benefits Provision (section 615 of the FY 1997 Omnibus Appropriations Act) and agrees to remain in compliance during the term of the award. This provision requires the unit of government which employs a public safety officer (as defined by section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by state law) with the same or better level of health insurance benefits as would be paid by the unit of government at the time of retirement or separation, under a normal retirement plan. oJP FOe, J~ (REV. Sa?) P~giouS EDITIONS ARE OBSOLETE OFFICE OF JUSTICE DROOP. AMS I I o;. I xl .~^ I I O~JDP I1 .~sll N. I.I OVC PROJECT NUMBER 971.BVX4249 CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET II COOPERATIVE AOREEMENT AWARD DATE 9/30/97 SPF~IAL CONDITIONS 16H-- P^GE 6 OF 6 1 17. By signing below, the recipient is requesting payment under the LLEBG Program. In order to ensure prompt payment and compliance with new U,S. Department of TreasulT requirements that all grant payments be issued electronically, thc following information must be completed as part of the signed accepted award documents. Failure to supply this information will delay your payment. Grantee Name: County of Collier (e.g., City of, County of, Parish of, etc.) Vendor or EIN Number: 596000561 (Please use number provided in # I A on the award document) Financial Institution Name: 1st National Bank 900 Goodlette Road, North Financial Institution Address:...Naples~ Florida 34102 Sondra Combs Bank Conm~ Name and Phone Number: 941-262-7600 Nine-digit Routing Transit Number: 067013700 Grantee Account Number: 1026319 (This account should fulfill the trust fund requirement) By signing these Special Conditions, the recipient is accepting the conditions and agrees to comply with them during the term of_._~e award. The recipient is plso requesting payment of the LLEBG funds. S'gnature OfrP. _ ie~ [xccutive ~fficer //-Date/~7. Timothy L. Hancock, Chairman Board of County Ccxm~issioners Approv. ed n.s to form , Aa~tata~t Couaty Atto, ney U,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS C.ECK ^PpROm^ I"- 'ROiE& Act, 42 U~ 370l, m ~. ~h ~ Is ~ ~ ~ J~ile J~ ~ ~lJ~y ~n(~ A~ of 1974 PROJECT SUMMARY ~ GRAN~ [-'-'] COOPERATIVE AGREEMENT Omnibus App~oprtsdon Act of 1997. Orants Admln~ 13ran~ ~ Jame~ LLEDO Dh, ision, BJA / C~n II0 ~ S~, 4~ ~ C~ of ColI~ W~ ~ 20531 3301 T~i~i T~I Av~ ~-20~ N~l~, ~ 34112 (~1)793-91~ ~ ili~~ ~~ ................................................................... 3b,-~M~ ~0~ ........ NAME .a. ADDRESS OF GRANTEE County of Coll~' .1301 Tamiami Trail Av~nu~ Nsp~, FL 34~2 7. PROGRAM PERIOD FROM: 10/01/97 9, AMOUNT OF AWARD I. SECOND YEAR'S ~UtX3ET 3, THIRD YEAR'S BUDGET PERIOD N/A TO: 09/30/99 6. NAME & Al'OR. ESS OF SUB(3FLAN"I'EE 8. BUDGET PERIOO FROM: 10/01/97 TO: 10. DATE OF AWARD 09/30/97 12. sECOND YEAR's BUDGET AMOUNT 14.TtURD YEAR'S BUDGET A~OUNT L SUMMARY DESCRIPTION OF PROJECT The Local Law Enfm'cemem Block Grants Pro~ram wm authorized by the Omnibus Fiscal Yea~ 1997 Appropriations Act. Public Law 104-208 for tl'~ purpo~ of I:m~idin~ units oflocal government with fumes to unde~te projects I0 feduce ~'in~ and improve public safety. The Bureau of Justice Assistance v, ill make direct awa~s to units of local govemmen¢ when award amounts a~e al least $10,000 to be used comistcnt with thc statuto~/ p~ograrn purpos~ a~cas specified in scctio~ 101 (a) (2). Th~ County of Collie' has indicated thai it intends to distribute its Loc.~ Law Enfc~cement Block Grnnts funds under the following purpo~ {1¢) Equlpmem $279.267 C.m'fi r~..d compliance, pursuant to sc'ction 615, Public Safety Officers Health B~nefils provision. NC/NCF ~ i:~'4000}i ¢~t~¥: ~-iii ~'RE~iOUS EbiTION~ ~,RE oBSOLETE Office for Civil Rights September 30, 1997 Timothy Hancock County Board Chai~n County of Collier Naples, FL 34112 Dear LocadLaw EnforcementBlockGrant~: Congratulations on your recent award. Because you have submitted Certified Assurance that your agency is in compliance with applicable civil fights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as reqnired by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 7th Street, N.W., Washington, D.C. 20531. (1) If you have already submitted an EEOP as part ofanother award from the Office of Justice Programs (OJP) during this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, and as a recipient of $500,000 or more (or $I,000,000 in an 18-month period), and has 50 or more employees, the recipient must submit an Equal Employment Opportunity Plan (EEOP) within 60 days from the date of this letter to OCR at the address cited on page 1. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes a Certification Form and an EEOP Short Form) will assist you in completing this requirement. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOP'S GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25.000 Or More. But Under $500.000: Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. Moreover, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR. Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required: however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25.000: A recipient ofunder $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. (2) The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. IWpLes Dat LX Nepl, es, FL 339~G Afftda~'~t of I~bLtca~ton DaiLy BOARD OF COUNTY COIqRZSS]ONERS ATTN: NAHCY SALOG4J8 PO BOX &13016 NAPLES FL 3~101-3016 REFERENCE: 001230 --701Z37 5759~538 NOTICE OF PUBLIC flEE stere of FLorida Cmmty of CoLlier Before tl~ ~erli~ ~rc~rity, per~LLy ~r~ B. ~, ~ ~ ~th ~yl t~t ~ le~e~ · s th Daily H~, ~n Collier ~ty, FLorJ~: t~t (~ Itta~ ~ of t~ ~ertilJ~ Affect furt~r ~s t~t t~ ~id ~es Daily ~LLJer C~ty, FLorJ~, ~tter et t~ ~t office In ~l~, Jn ~d Collier C~ty, Ftort~, for · ~rt~ of I year ~xt p~ec~ mtt~c~ ~ of ~erti~t; ~ eff~t furt~r p~il~ my ~r~, fJ~ or ~retJ~ ~y d~t, ~r~.e of me~rJ~ tht~ ~ert~.~t for ~LJ~t~ tn t~ ~Jd ~r. PUBLISHED OH: 11/25 AD SPACE: 52.000 INCH FILED OH: 11/;4/97 Stgnatureof Affiant Sworn to ind Subscribed before me this - Per~tLy lu~own by ~e // t mlll~ fY,