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Backup Documents 09/09/1997 RBCC REGULAItHEETING OF SEP'I'E~ER 9, J997 NapL~ I)e~Ly New NapLes, FL 339~ Affidavit Of PubLication NmpL~ Di~Ly Nmm BOARD OF COUNTY CO~ISSIONERS ATTN: NANCY $ALOGU8 PO BOX &1]016 NAPLES FL ~410q-~O16 REFERENCE: 0012.~0 --7012:57 57559527 NOT%CE Of PLIBL%C MEE State of FLortda County of CoLLier Before the undersigned luthoetty, per~0neLLy as Assistant Corporate Secretary of the NapLes DaiLy Heys, m daily nmmpaper published It NIpLoI, tn CoLLier County/ FLorida: that the attached copy of advertising was published tn eatd nevspeper on dates Affiant further ~ys that the .aid IlepL~ Ditty .e~s is a nevapeper pubLtahed at I~pLe~, in .aid CoLLier County, Florida, and that the ne~e~mper has heretofore been published in maid COLLier Cotmty, Ftoelde, ~ and h~ been entered is ~cond cl~ matter at the poet offtce in m, pLfi, tn MI4d CoLLtee County, FLorida, ~oe · iN. ted of next preceding the ftrst pubttcattm of the attached copy of edverttMmnt; end further says that she has ne4th~ pe4d nee proatsed any perK~, ftm oe c~x~at4en my discount/ rebate, comtss~on oe r~und foe the purpose of securtng this aclvertta~ent foe pubLtcattofl in the maid nevqxq)ee. PUBLZSHED 0fl: 09/07 AD SPACE: 52,0130 ]NCH FZLED Off: 09/08/97 , Stature of Affi--t /1' ~ s,o,-,, ,o ...., .,.,....,,.,. ,.,0... - ,,,,./o .,,, .,, September 9, 1997 COLLIER COUNTY BOARD OF C~HgTY C(~MISSIONER September 9, 1997 9:00 A.M. NOTICE: ~r.r. PERSONS WISHING TO SPEAK ON ANY AGEHDA ITEM ~ST REGISTER PRIOR TO S~. ~S TO AIH~IESS Tm~ BOARD ON ~ Ww~CH ARE NOT ON Tg~S AGENI~ M~ST BE SUBMITT~) IN t~IT]]~ WITH EXPLANATION TO Tm~ CfK~FI~ AIH~INI~~ AT I~AST 13 DAYS P~IOl{ TO T}{~ DAT~ OF T~ ~ AND ~ HE HEARD UNDER "PUBLIC PETITI~". ANY PERSON MHO D~CIDES TO APPEAL A D~CISION OF ~S BOARD WILL ~ A RECORD OF ~ PROCEEDINC, S ~~ ~, ~ ~~S IS ~, ~ ~ ~ ~ ~ ~ /~r,r. REGISTERED PUBSIC ~ W]%~. BE I~/I(ITED TO FIVE {5} MINUTES UNLESS PERNISSION FOR ADDITI(~%L ASSISTED LISTENING DEVICES FOR THE HEARI]G IMPAII~ ARE IN ~ COUNTY CC~SSI(H~RS' OFFICE. LUNCH RECESS ~.RnFOR 12:00 Iq00NTO 1:00 P.M. INVOCATION - Reverend Carl Orr, Golden Gate Presbyterian Church Pr.~GE OF ~r.r.~IANCE APPROVAL OF AGENDA AND Ap~rovedand/orAc%o~tedwithchanges 5/0 PROCLAMATIONS AND SERVICE A~tRDS 1) Proclamation proclaiming September 29, 1997 as Law Enforcement Appreciation Day. To be accepted by Sheriff Hunter. ~o~ted 5/0 1) Nelda Dyson - Department of Revenue - 10 years Page 1 September 9, 1997 Presented 1) Recommendation to recognize Robert Wheeler, North Regional Water Treatment Plant, Public Works Division, as employee of the month for September 1997. Recounized 2) Presentation to BCC of 'Award of Excellence' from the Florida Chapter of the American Planning Association for the Collier County Architectural and Site Design Standards for Commercial Development. Presented 3) Presentation by Bruce Lawson representing local ASCE Chapter regarding Project of the Year. Presented 4) Presentation by Dick Lydon, Chairman of the Beach Co.~,Littee, recognizing Harry Huber's efforts. Plaque Presented 6. APPROVAL OF CLERK' e A. ANALYSIS 1) General Fund (001) FY 96/97. 2) Community Development Fund (113) FY 96/97. 3) Facilities Construction Fund (301) FY 96/97. PUBLIC PETITIOEIS A. CCH~MDNITY DEVELO~ & ~ SERVI(~ 1) James B. Young, P.A., representing Woodrow and Louise Henry, requesting a refund of Collier County Road Impact Fees pursuant to Ordinance Number 92-22, for fees paid in conjunction with the issuance of Building Permit Number 96-9783, Bobbin Hollow Equestrian Center. Road Impact Fee Refuz~ in the amount of $9,9906.93 /~oved 5/0 2) Resolution supporting the construction of a Quarantine Facility to help facilitate the Development of Biological Control Agents for use against invasive exotic vegetation. Res. 97-350Aclo~te~asa~ex~e~5/0 Page 2 September 9, 1997 B. PUBLIC WORKS 1) Recommendation for Board approval to adopt a Resolution to increase the speed limit on two roadway segments along C.R. 951 from 45 MPH to 55 MPH between U.S. 41 (S.R. 90) and S.R. 84 (Davis Boulevard) and between Green Boulevard and Golden Gate Boulevard. Res. 97-351A d opted S/0 C. PUBLIC SERVICES 1) Direction is being requested regarding a proposed in-line pro-tour world championship to be held at the East Naples Skatepark in October. Staff reco~x~LmtionAp~r~ 5/0. D. SUPPORT 1) A settlement discussion regarding the lawsuit, McGinnis vs. Collier County, Case Number 95-1481-CA-01 Settlement offer rejected; Attorney Bryant directed to go to trial 5/0 9. COUNTY A~i~)RNEy,s ~R~ORT Update to the Board regarding the concept of a juvenile daytime curfew ordinance and request for the Board to provide direction regarding same. Staff directed to draft ax~ ordinance and co~eback to the Board (Consensus) Request for the Board of County Co~,issioners to receive for the public record an amended certificate of the Collier County Canvassing Board relating to the Marco Island Incorporation Election recount. Al~l~roved 5/0 10. IK)ARDOF ~~C(~v~I~ ao PUBLIC CG~NT ~ ~ TOPICn TF Agostin re Exotics. Page 3 September 9, 1997 12. ADVERTISED P[F~LIC ~II~GS - BCC A. COMP~S~ PLAN /%M~~TS 1) Petition PUD-89-14(1), Robert L. Duane, AICP, of Hole, Montes & Associates, Inc., representing Fredrick R. Pauly, trustee, requesting a rezone from 'PUD' to 'PUD', Breezewood Planned Unit Development as required by Resolution 97-68, located in the southwest quadrant of the 1-75 - Immokalee Road Activity Center, in Section 30, Township 48 South, Range 26 East, consisting of 7.4 acres, more or less. Ord. 97-41 Adopted 5/0 2) Petition No. PUD-91-1(1), Thomas E. Killen, Architect, representing Earl L. & Shirley A. Frye, requesting a rezone from PUD to PUD known as 'Radio Square' to amend the PUD Document for purposes of adding Fraternal Organizations as an authorized use, for property located on the southwest corner of Radio Road (C.R. 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, Collier County, consisting of 9.4 acres. Ord. 97-42 Adopted 4/0 (Co~a. Mac'Kieabsta~-ed) 3)Petition PUD-89-28(1), Frederick R. Pauley, Trustee, requesting an amendment to 'Brentwood" Planned Unit Development (PUD) having the effect of eliminating liquor stores from the principal retail uses and adding the requirement for a common architectural theme for property located on the south side of Immokalee Road (CR-846) in Section 30, Township 48 South, Range 26 East, Collier County, Florida and consisting of 18.6 acres more or less. (Continued to the meeting of 9/23/97) 1) Petition AV 97-009 to vacate a portion of an eighty foot (80') wide Drainage Easement on Lot 17, Queens Park at Lago Verde, Phase Six as recorded in Plat Book 16, Pages 52 and 53, of the Public Records of Collier County, Florida. (Continued to the meeti~3 of 9/23/97) 2) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197. 3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the Unincorporated Area of Page 4 September 9, 1997 Collier County pursuant to Collier County ordinance 90-30, as Amended. Res. 97-352 Adopted 5/0 3) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197. 3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County ordinance 90-30, as Amended. Res. 97-353 A~~ 4) Approve and adopt an Ordinance to amend Ordinance No. 90-87, as amended, to exclude certain additional areas from the imposition of Sewer Impact Fees. Ord. 97-43 Adopted 5/0 5) Approve and Adopt an Ordinance to amend Ordinance No. 90-86, as amended, to exclude certain additional areas from the imposition of Water Impact Fees. Ord. 97-44 Adopted 5/0 13. BOARD OF ZONTNG APPEALS A. ADVERTISED PUBLIC HEA~X~GS 1) Petition V-96-28, John Grissom representing Landmark Communities c/o Mike Jeppesen requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning district for property located in Queen's Park Subdivision at Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E. (Continued fr~ the meeting of 7/29/97) Res. 97-354 Adopted 5/0 2) Petition V-97-6, Greg Carlisle (Contract Purchaser) representing Henry Johnson requesting a 10 foot variance from the required 25 foot rear setback to 15 feet for property located on the southwest side of Bayfront Drive, further described as Lot 18, Bayfront Gardens Subdivision, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Cont~-ued to the meeti~of 9/23/97) 3) Petition No. CU-97-9, Timothy W. Ferguson, P.A., as agent for E1 Espresso Bus Company, requesting Conditional Use "12" of the C-5 zoning district for a bus terminal for property located at the northeast corner of NewMarket Road and State Road 29, Page 5 ' "Hi ........... ! ..... r .... 1 - IIIII ......... I September 9, 1997 Immokalee in Section 3, Township 47 South, Range 29 East, Collier County, Florida consisting of 0.2 acres, more or less. (Continued to the meet{ng of 9/23/97) 14. BOARD OF COUNTY CO, MISSIS' COMMUNI~TI~S 15 . STAFF' S C(]9~0NICATIONS 16. CONSENT AGENDA - All matters listed under ~_h{s item are considered to be routine and action will be t~_-- by one ration without separate discussion of each item. If discussion is desired by a m~her of the Board, that item(s} will be removed from the Consent Agenda and considered separately. Approved and/orAdoptedwith changes 5/0 A. COMMUNITY DEVELOPMENT & ~4~]%OI~TAL SERVI~ 1) Request to approve for recording the Final Plat of "Sterling Oaks Phase 2A" w/Cash Bond, Construction and Maintenance Agreement and Stipulations. 2) Request to approve for recording the Final Plat of Valencia Phase One. w/Letter of Credit, Con-truction a-~ Maintenance Agreement and Stipulations. B. PUBLIC WORKS 1) Approve Change Order No. 2 to Contract No. 97-2626, Marco Island T-Groin Construction. With Douglas N. ~{ggln,, Inc. In the a~ount of $86,100.00, Subject to reco~x~lations from the Beach Renourishment/Maintenance Committee and the Tourist Development Council. 2) This item has been deleted. 3) This item has been deleted. 4) Adopt a Resolution requesting the State of Florida, Department of Transportation to convey an easement by quit- claim deed to Collier County for access to Borrow Pit No. 2 and for the four-laning improvements to County Barn Road, CIE No. 33. Res. 97-347 and acceptance of Quit-Claim Deed from the State of Florida. Page 6 September 9, 1997 5) This item has been deleted. 6) Request the Board consider interim improvements to the Pine Ridge Road/Livingston Road Intersection pending final improvements as part of the Pine Ridge Road Six-Lane Project scheduled for construction in October, 1999. 7) Board approval of Fiscal Year 1997-98 Annual Contracts for Bid #97-2713, Traffic Sign Materials, and Bid #97-2712, Contractual Services for Traffic Signal and Street Lights. Awarded to ~m{cipal Supply & Sign Co. (Bid %97-2713); Mid-Cont{-ent Electric, Inc. (Bid ~97-2712 Primary Contractor); and E. B. S~---oD~- Electrical, Inc. (Bid ~97-2712 Secondary Contractor) 8) Award Contract to construct North Collier Regional Wastewater Treatment Plant Belt Filter Press Walkways, Bid No. 97-2721. N{nor I~'regularities waived; Agreement withHigh Point General Contracting, Inc., in the amount of $39,950.00 for Total Base Bid Alternate No. 2 9) Authorization to sole source purchase replacement pumps, specified repair parts and materials for approved Submersible Lift Stations. Ellis K. Phelps and Co~Hmany sole source provider 10) Approve a Purchase Order under existing Maintenance Contract #96-2567 for Wilkins Malcolm & Associates, Inc. for repairs of Well No's 6, 11 and 14. In an amount not to exceed $27,000.00 11) This item has been deleted. 12) Adopt a Resolution approving a Declaration of Easement on County owned property located on County Barn Road. Res. 97-348 C. PUBLIC SERVICES 1) Approve budget amendments that recognize additional revenue from the two percent Tourist Development Tax, and transfers it to the Collier County Museum fund. In the ~unt of $10,600.00 2) Approve the Department of Environmental Protection, Florida Recreation Development Assistance Program Grant Agreement for Sugden Regional Park. Page 7 September 9, 1997 3) Recommendation that the Board of County Co~m,issioners approve the attached budget amendment recognizing contributions to the Golden Gate Community Center for the Summer Camp Program. 1) Agreement approval between Collier County and the State of Florida Department of Community Affairs for the review and update of hazardous analyses at facilities possessing extremely hazardous substances at or above the threshold planning quantity within Collier county 2) This item has been deleted. 3) To recognize additional 800 MHz System reimbursement revenues and approve allocation of a portion of 800 MHz reimbursement revenues to fund permit and licensing fees associated with the project 4) A Resolution authorizing expenditure of funds for a picnic to recognize Collier County Board of County Commissioners Employees Res. 97-349 1) Budget Amendment Report. Budget A~enc~nts 97-426, 97-427 and97-432 F. BOARD OF COInW~f C0~ISSI0~ERS G. MISC~I~%NEO~S CORRESPfH~YENCE Ho 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED OTHER C0~~0~%L OFFICERS COUNTY ATTOrnEY Page 8 BOARD OF CQ~NTY COMMISSIONEI~' MEETINg; .~EPTEMB£R 9. 1997 ADD: ITEM 8(C XI) - Direction b being requested regarding a proposed in-line pro-tour world championship to be held at the East Naples SkJ~tepark in October. (Staff's request). ADD: ITEM 9(A) - Update to the Board regarding the concept of a juvenile daytime curfew ordinance and request for the Board to provide direction regarding same. (County Attorney's Office). ADD: ITEM 9(B) - Request for the Board of County Commissioners to receive for the public record an amended certificate of the Collier County Canvassing Board relating to the Marco Island Incorporation Election recount. (County Attorney's Office). NOTE: ITEM 8(B)(I) - Change wording to read C.R. 951 (not Isle of Capri Road). 5 A 1 PROC£AMA TION the problent~ of crime touch ali segments of our society and can undermine and erode the moral and economic strength~ of our conununitie~; and ~tlEREM. S, we are fortunate that law enforcement officers from ali area agencies dedicate themselve~ to pr~ervlng law and order and the public's safety; and WHE~, we recognize that the men and women In law enforcement risk their lives on a daily basi~ to protect our citizens and maintain social order; and WHEREAS, we encourage all citizens to pause to recognize our law enforcement o~cers so that we may not take their work for granted NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, 1997 be designated as DONE AND Day ATTEST: RL~LUTION NO. ~?- 350 RESOLUTION SUPPORTING THE CONSTRUCTION OF A QUARANTINE FACHATY TO HELP FACILITATE THE DEVELOPMENT OF BIOLOGICAL CONTROL AGENTS FOR USE AGAINST INVASIVE EXOTIC VEGETATION. WHEREAS, invasive cxotic vcgc~fion such as Mclalcuca, B~.ilian Pcpgcr and Aumalian pine posc a serious threat to fl~ unique ccesy~-m~ of Collk. r Coumy and thc rest of Somh Flodda; ~ WHERRA$, tl~ Environmental Policy Technical Advisory Board (EPTAB) has recognized thc prcsena: and proliferation of invasiv~ exo~ v~geiation in th~ County and has prqmreg a t~'port entitled 'INVASIVE EXOTIC VEGETrATION IN COLLIER COUIqT~; and WHEREAS, thc Collier County Board of CounU' Commissioners votod unanimously to accc~ EI~'AB's repofl; and WHEREAS, t~ Mclalcuca Management Plan for Florida jointly written by tl~ Exotic Pest Plant Council and M~l~leuca Task Forc~ in April 1994, concluded that "the ultimate control of malaleuca in Florida will probably depend on tl~ success of biological control a~ts ~ from Australia"; and WHEREAS, t]~ comcrstonc of any mcccssfui biological ~ontroi ~ is its ability to screen potential control agents to asv~ that they will only atta~ the tarset species; and WHEREAS, at prucnt th~ on~ quaraflfin~ ~ailable in Florida is ft small facili~/in C, air~'~ille, sharcd by the USDA, the University of Florida, and the FDEI~, and WHERr. A~, the Water Resources Devek~mamt Actor 1992 authorized th~ ~x:rel~-y of thc Army, in consultation with the Governor of Flor~ to oomtmct a reseaw, h and quarantin~ facility in Broward County to b~ used in the search of bioiogk:ai control a~'nts to control invasiv~ exotic plant spexies that threaten native ~.s in thc Statc of Florida; and WHEREAS, th~ President's agricultural Imd~t for FY 1998 incl,~_~'~__ langua$ appropriating thc $4 million (authorized in FY 1997) nec~sary to construct I new 10,000 scl. K quarantine facility in Ft. LauderdaJe and an additional $1 million annual oper~ng budget; and WHEREAS, the EPTAB report has nxxmunended support for the construction of a new quanmtine facility in Ft. Laudetxiak~. NOW, THEREFORE, BE IT ~LV~D BY Ti~ BOARD OF COUNTY COMMISSION~R~ OF COLLIER COUNTY, Iq. ORIDA that Collier County supports tl~ conmuaioa oth~ proposed quarantine facility and its inclusion in the proposed federal budget. adopted an~' motion, ~eco~ and mjority vo~ this ~'~ This Resolution 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, lq,ORIDA - LA.~COCK, AICP, Pamela S. ~ Distact 4 Bad:araB. Berry D~t~ct $ 330'1 East Tamlarnl Trail * Naples, Flarida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 ~-rnber 16, 1997 The Honorable Connie Mack 517 Hart Senate Office Building Washington, DC 20510 KE: Collier County Support for Biological Control Quarantine Facility Dear Senator Mack: Please be advised that the Collier County Board of CounW Commi~ion~t~ has unanimously adopted Resolution No. 9%350 supporting lhe constmaion of the proposed quarantine facility in FL Lauderdale for ev~l~_t~ the development of biological agents to control invasive exotic vegetation. Th~ Collier County Commission re~-ctfully r~qu~,~t~ that th~ $4,000,000 con.~mction co~ and $1,000,000 annual operating budget be ir~luded in the FY98 federal budget. Sincerely, Timothy L..Hancock, AICP, Chairm Enclosure cc: Ted Center, Research Director, USDA, Agricultural Research Service Secretary Bruce Babbitt, U.S. Interior Department Bill Leafy, Assistant Secretary, U.S. Interior Department Brad Comell, Chairman, Collier County Environmental Policy Technical Advisory Board William D. Loretm .Ir. P.E. Director, Collier County Natural Resources Department 8-a 2 ~4 Barl:~l a. Be',Y 3:301 F.a:K Tamlami Trail · Naples, FIork~ 34112-4977 (941) 774..~097" Fix (941) 774-36O2 2 S~,mber 16, 1997 The Honorable Bob Graham 524 Hart Senate Office Building Washington, DC 20510 RE: Collier County Support for Biological ConWoi Quarantine Facility Dear Senator Graham: Please be advised that the Collier County Board of County Commissioners has unanimously adopted Resolution No. 97-350 supportin~ th~ consUu~on of the proposed quarantine facility in FL Lauderdale for evaluating th~ development of biological agents to control invaaive exotic vegetation. The Collier County Commission respect~ly requests that th~ $4,000,000 construction co~t and $1,000,000 annual operating budget be included in the FY9~ federal budget. Sincerely, Tin~othy L/Hancock, AICP, Chairman Enclosure cc: Ted Center, Research ~, USDA, Agricultural ~ Service Secr~arx Bmc~ Babbiu, U-$. hmio~ ~ Bill I~ary, Assir, ant SeeSaW, U.S. In~io~ ~ Brad Comell, Chairman, Collier County Enviroum~-utal Policy T~chnical Advisory Board William D. Lorenz, Ir. P.E. ~, Collier County Natural R.~our~s ~ent O~2 F~S.J~ ~4 Ba~ B. 8eny D~5 3301 F.~~Tr'~ ' ~' (941) 774-8097 · Fax (941)774-3602 1997 The Honorable Porter Goss 517 Hart Senat~ Office Building Washington, DC 20510 RE: Collier County Support for Biological Control ~ Facility 8-A 2 Dear Senawr Goss: Please b~ advised that tl~ Collier County Board of County Commissiont~s has unanimously adopt~t Resol~on No. 97-350 ~o~ng th~ constn~fion of thc proposed quarantine facility in FL ~e for evalualing the development of biological agents to control invasive exotic vegetatiom The Collier County Commission respectfully requests that the $4,000,000 construction cost and $ ! ,000,000 annual operating budget be included in the FY9$ federal budget. Timothy L/Hancock, AICP, Chairman Enclosxu~ cc: Ted Center, Research Director, USDA, Agricultural ~h Service Secretary Bruce Babbitt, U.S. Interior Deparunent Bill Leafy, Assistant ~, U.S. lnt~or ~ Brad Comell, Chairman, Collier County Environmental Policy Technical Advisory Board William D. Lorenz, Ir. P.E. Director, Collier County Natwal Resowces Depar~eni ~m. xs.X~J? Z2:%XIo~ Im 3 ~: B,4UU~:N'ENT~t.-SGI~I(:2~ ~ K~ : ~4X '774 ~ 8-A MkliCbmqm PHI L~RM0~IIC CTR S~EP. 15. 19ed7 12:1J. PN P2 IBIOe,t 2 2:mS Cobp A3,ome FL l, mdmbb. M., 33314 18,~ C Stl'of, NW 2O24O b~edor~ W~DC si? Hm bum onbDuikU~ Waddnsum. DC 20510 1 Ge Csnntm Hoaso (Mloe ]hdldln8 7-7 q - 8 B1 RF~OLUTION NO. 97- ~5 ! RESOLUTION TO INCREASE THE SPEED LIMIT ON TWO ROADWAY SEGMENTS ALONG C.R. 951 FROM 45 MPH TO 55 MPH BETWEEN U.S. 41(S.R.90) AND S.R. 84(DAVIS BOULEVARD) AND BETWEEN GREEN BOULEVARD AND GOLDEN GATE BOULEVARD. WHEREAS, Section 316.189, Florida Statutes and Collier County Ordinance No. 91-25 authorize the Board of County Commissioners to alter or to establish speed limits on roadways under its jurisdiction; and WHEREAS, C.R. 951 is a County roadway under the jurisdiction of the Board of County Commissioners; and WHEREAS, in accordance with Section 316.189 Florida Statutes and Collier County Ordinance No. 91-25, a traffic analysis has been performed on S.R. 951; and '~,TIEREAS, the traffic analysis indicates that a speed limit increase to 55 MPH on C.R. 951 between U.S. 41(S.R. 90) and S.R. 84(Davis Boulevard) and Green Boulevard and Golden Gate Boulevard is reasonable and in conformity with recommended criteria promulgated by the Florida Department of Transportation and the American Association of State Highway and Transportation officials; and WHEREAS, an approved 55 MPH speed limit for the two roadway segments on C.R. 951 would provide greater speed limit conformance and promote greater consistency in traffic flow. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; A. The speed limit on C.R. 951 shall be increased from 45 MPH to 55 MPH along two roadway segments based on promulgated engineering criteria. B. The roadway segments recommended and Board approved for a designated 55 MPH speed limit are: I) On C.IC 951 between U.S. 41(S.R. 90) and S.R. 84(Davis Boulevard), 2) On C.IL 951 from Green Boulevard to Golden Gate Boulevard. BE IT FURTHER RESOLVED, that the Transportation Services Department is hereby authorized and directed to change existing signage to support the approved resolution. This resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TO: FROM: RE: Board of County Commissioners Mary W. Morgan, Supervisor of Elections Marco Incorporation Transmitted herewith, are the results of the Marco Island Mail Ballot Election. And the Certificate of the Collier County Canvassing Board. The election for the mayor and council seats will be held on November 6, 1997. If you have any questions, please feel free to contact my office. 9 CERTIFICATE OF COLUER COUNTY CANVASSING BOARD State of Florida Collier County We, the undersigned, Cynthia BI~, C~unty Jt~lge; Mary W. Morgan, 8upervimor of Ele~og~; and Tim Hancock, Chairman, Board of County Commi~io~ml, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 28th day of August, A.D., 1997, and proceeded publicly to canvass the HB 1729 Marco Island Incorporation votes given as herein specified at the Mall Ballot Election held on the 28th day of ~ttglJAt, A.D., 1997 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said ratums as follows. Of the total (~S'~:~ votes cast on HB t729 in this election, were FOR the Incorporation of Marco Island per HB 1729; were AGAIN~r the Incorporation of Marco Island per HB 1729. Mary W. I~organ, Supervi~or~ Elections Of the 8,932 eligible Marco voters at the 7/30/97 registration book closing, ~ participated for a"73.0~ % voter turnout. la.~l 2 3OA TA~IARCO_IS~ITMA IL II.~ITCANV~ .(~N¥ Z 0 I Z 0 m o I- 0 0 O~ uO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ii lin -I~. >~ 00~ E ' ~ O~ 000 Z . . ....... COLLIER COUNTY FI,ORIDA :'- ~i~[,. ' ' .,.?5 REQUEST FOR LEGAL ADVERTISING OFPUBLIC HEARINGS 'ro: C, erk,o,h, Hoard: p,ace ,he fo,,o,.ng .. .: ,..,* ' ........... XXX Normal legal Advertisement .' ':~:' "' ~ r-i Other: ' ' ' (Display Adv., lo?tion, etc.) ":' ' · · · . g.' f~.- ,. -. Dale: ' ': vefition l,~o. tnnone, give brief aescription):' ~ '*? 5~' .:?-''-- , '. ~ ' .'., - , ' .... - '. '.'" Peiitioner: 0qami & Address): .......... '~ """ '? = -"~"~' ' 7* ' ' h ! ri ,~ 4108 Name & Address of any person(s) to be notified by Cle~_'s.~Ofl~i..~ce: Ormore space is needed, attach .separate " ol M n! ' I '715 'fib ' ' h .... "'4" :' -''7 7'' : . '''5 · · · . . .. : .-~ . .~"~. ~ ' ReqUested Hearing date: ;, -:' Based on adverti~ment appearing 15 days before.heating. -... ,_. . .:,. :-:.; . .;.;:.. ;:ir.. · .,. &.'~,...'.~.'- :,.. .... .. ,~, ,,.~, .... ::':,,-~*~,., 4~t~:~rr-'-, .... ~. ,,_ Newspaper(s) to be used: (Complete only if imporl~nt): r... ',, . :' XXX NaplesDailiNews ..... '2 .... '."':-: 5-~..'Z. Other .-, :7- i [] Legally Required .,- Proposed Texl: (Include legal description & common location & $i~: '.:' Companion petition(s), if any & proposed heating date: Does Petition Fee include advertising cost? [~cs r~ No if Yes, what account should bc charged for advertising costs: 113-I 38323-649110 R~'iewed by: //~ /~j~{//<~//~ 7 Approved by: Division Head Date ~ ' County Manager Date List Attachments: Ao DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complet~ one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document is tnvoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division ['"lOriglnal B. Other hearings: Initiating Division head to approve and submit origitml to Clerk's Office, retaining a copy for file. FOR~E~'SO~ICEUSEO~Ly:'/ ' ' ' · / / .'. ~tP?e~iv~: qh fl ~TDate ofhblie hinting: ' 7 "' ,- :'6 , 12B 1 . ~ m: (9,1~1.T T74,-8406 12B 1 August 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition PUD-89-14(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, August 24, 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. 704259 12B 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY SEPTEMBE~ in the Boardroom, 3rd Floor, Administration Building, Collzer County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BREEZEWOOD, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE IMMOKALEE ROAD (C.R. 846) AND 1-75 INTERCHANGE ACTIVITY CENTER, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-95, AS AMENDED, THE FORMER BREEZEWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-89-14(1), Robert L. Duane of Hole, Montes & Associates, representing Frederick R. Pauly, Trustee, reguesting 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. Ail interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) August 18, 1997 Mr. Fred Pauly, Trustee Pauly Realty 866 97th Avenue North Naples, FL 34108 RE: Notice to Intent to consider Petition PUD-89-14(1) Dear Petitioner: Please be advised that the above referenced~etition will be considered by the Board of County Commissioners on Tuesday, Septem%ber 9, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Robert L. Duane August 18, 1997 Mr. Robert L. Duane Hole, Montes & Associates 715 Tenth Street South NaDles, FL 34102 RE: Notice to Intent to consider Petition PUD-89-14(1) Dear Petitioner: Please be advised that the above referenced Detition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997, as indicated on the enclosed notice. The legal notice ~ertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this ~ublic hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Fred Pauly 12B 1 ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT .KNOWN AS BREEZEWOOD, FOR PROPERTY LOCATED IN THE SOUTHWEST CORNER OF THE IMMOKALEE ROAD (C.R. 846) AND 1-75 INTERCHANGE ACTIVITY CENTER, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-95, AS AMENDED, THE FORMER BREEZEWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 19, 1996, the Board of County Commissioners of Collier County, Florida, pursuant to Section 2.7.3.4. of the Collier County Land Development Code directed the property owner Fredrick R. Pauly, Trustee of Pauly Realty, Incorporated, the developer of the Breezewood PUD, to amend Ordinance Nu~er 89-95, as amended, the Breezewood Planned Unit Development Document, in order to bring the PUD into compliance with the Collier County Growth Management Plan and Land Development Code; and WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing Frederick R. Pauly, 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 COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. -1- SECTION TWO: Ordinance Nunfoer 89-95, as amended, known as the Breezewood PUD, adopted on December 19, 1989 by the Board of County Co~missioners of Collier County, is hereby repealed in its entirety. 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 FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY f/PUD-89-14 {].) ORDZ*NA/~Ci~/ BY: ~OCK, CHAIRMAN--"---'---- -2- 12B 1 BREEZEWOOD PLANNED UNIT DEVELOPMENT HMA F~E NO. BB.101A Prepared By Hole, Montes & Associates, Inc. 715 I0'~ Str~'t South Naple~ Florida 33940 May 15, 1997 Revised August 13, 1997 12. B 1 SECTION I STATEMENT OF COMPLIANC£ ..... , .............................................. 1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, ~HORT 'ITrI.,E AND LrNIFIED CONTROL ................ .2 SECTION III STATEMENT OF ~ AND PROJECT DESCRIPTION ...................... 3 SECTION IV GENERAL DEVELOPMENT REGULATIONS ....................................... 4-9 SECTION V ENVIRONMENTAL STANDARDS ......................................................10 SECTION VI TRANSPORTATION REQUIREMENTS ................................................. ! 1 SECTION VII UTILI]/ES REQUIREMENTS ................. 12 14 SECTION VIII WATER MANAGEMENT REQ~ ........................................... 15 EXHIBIT A PUD MASTER PLAN EXHIBIT B AERIAL 12B 1 SECTION I STATEMENT OF COMPLIANCE The development of this project will be in complisnce with the plmming goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. This compliance includes: This PUD permits commercial uses and transient lodging at a maximum density of 26 units per acre, and the subject property is located in an sr~a identified ~s an Activity Center in the Collier County Orowth Management Plan, which permits such uses. o Activity Centers are thc preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the southwest comer of the Immokalce Road and I-7:5. This strategic locations allows the site superior access for the placement of commercial activities. The project shall be in compliance with all applicable County regulations including the Collier County Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. The project is compatible with adjacent land uses through th~ internal ~ of structures, the placement of land u.~ buffers, and the proposed development standants contained herein. The Planned Unit Development includes open spaces and natural featur~ which are preserved from future development in order to enhance their natural functions and to serve as project amenities. -l- 128 I SECTION Il PROPERTY OWNERSI~P, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL 2.1 2.2 The subject property is currently owned by: Fredrick R. Pauly, Trustee The subject property is described as follows: BREF. ZEWOOD PUD The East ½ of the West ½ of the Northwest ~ of the Northeast ½ of Section 30, Township 48 South, Range 26 East, Collier County, Florida. Less and except the north 100 feet thereof conveyed to the State of Florida, dated 26 September, 1955, and recorded in D.B. 43, Page 243, Public Records of Collier County, Florida. Less and except that property conveyed to the State of Florida by deed dated I September, 1970 and recorded in O.M.B., Page 397, Public Records of Collier County, Florida, conufining 7.42 acres, more or less. 2.3 This ordinance shall be known and cited as the "Breezewood Planned Unit Development". It is the intent of Fredrick R. Pauly, Trustee to develop a Planned Unit Development of approximately 7.4_+ acres on pwperty located on the southwes~ comer of the 1-75/Immokalee Road interchange quadrant. This statement represents that Fredrick R. Pauly, Trustee, currently has lands under unified control for the purpose ofoblaining pUD Zoning on the subject property. Development of Breezewood will occur in accordance with all commitments contained within the PUD document and in accordance with all applicable Collier County ordinances in effect at thc time of construct/on. -2- SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 It is the developer's intent to establish a Planned Unit Commercial Development. It is the purpose of this docurneut to se~ forth flexible guidelines for the fumr~ development of the project that meet accepted planning principles and practices and to implement the Growth Management Plan. The following general provisions are applicable to the PUD Ms.~er Plan: Ao Regulations for development of Breezewood Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and pm'ts of the Collier County Land Development Code (LDC) in effect at the time of building permit application. Should these r~gulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LCD shall apply. Unless otherwise no~d, the definitions of ail ~erms shall be the same as the definitions set forth in the LDC in effec~ at the time of building permit application. Co All conditions imposed and all grapMc material presented depicting re.s'trictions for the development of The Bt,~zewood Unit Devel~ shall become part of the r~,ula~ions which govern the manner in wMch this site may be developed. D° Development permitted by the approval of this petition will be subjec~ 'to a concurrency review under the provisions of the Adequate Public F~cilifies Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval, Final Plat Approval, or building permit issuance applicable to this development. -3- 4.1 4.2 4.3 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this section is to delineate the development regulations that accompany the Conceptual M~ster Plan. Where development standards are not specifically provided for in this document, the applicable standards of the LDC shall apply. No building or structure, or part thtreof, shall be erected, altered or used or land used, in whole or part, for other than the following: Antique shops; appliance stores; an studios; an supply shops; automobile pans stores; automobile service stations with repairs (in accordance with the standards of Section 2.6~28 of the LDC). Bakery shops; bait and tackle shops; baz~ and fuumcial iastitmions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (in accordance with the standards of Section 2.6.10 of the LDC); clothing stores; coclaail lounges (in accordance with the standards of Section 2.6.10 of the LDC); commercial recreation uses - indoor, commercial schools; confectionery and candy stores. - Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and drapery shops. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. -4- 10. 11. 14. 15. 16. 17. 18. 12B Fish market - retail only; florist shops; fraternal and social clubs ( in accordance with the standards of Section 2.6.10 of the LDC); funeral homes; furniture stores; furrier shops. Cnu'den supply stores - outside display in side and mar yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. ]~ C~amstO~S. Jewelry stores. Laundries - self service only; leather goods; legitimate theaters; liquor stores; locksmiths. 12. Marinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motels and hotels; motion picture theaters; museums; music stores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (in accordance with the standards of Section 2.6.10 ofthe LDC). Office - general; office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph services shops; private clubs ('m accordance with the standards of Section 2.6. I0 of the LDC); professional offices. Radio and television sales and se?vices; radio station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower;, research and design labs; rest homes; restaurants - including drive-in or fast food restaurants Cm accordance with' the standards of Section 2.6.10 of the LDC). Recreational veMcle sales and services including repair. Sewage treatment facility; shoe repair, shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitariums. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. -5- 12B 1 4.4 19. Upholstery shops. 20. Variety stores; vehicle rental - automobiles ~ veterinarian offices end clinics - no outside kmmels. 21. Watch and precision instrument r~air shops. 22. Warehousing and wholesaling uses and compsrable uses. 23. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the County Manager, or his designee, determines to be comparable to and compatiblc with the foregoing uses. Accessory uses nad structtu~ customary in con.men:iai centers and for transient lodging facilities including temporm-y water and sewer f~'ilifies, should they be required. Uses determined to be consistent with the intent of the Cons~w~on Ar~ such as boardwalks, natur~ trails nnd picnic ar~s. Commercial - Tract I Motel/Office - Tract II Retention Area Conservation Area Total Area 2.63 Ac~s 3.06 Ao'~s 1.12 A~ 7.42 Acres There am two tracts of land placed for development within this PUD, Tracts I and II. The full range of commercial uses will be permitted on Tract I. Tract H will be limited to motel uses, office uses, warehouse and distributiou faciliges including other land uses which are non-retail in character. Efinor adjustments to Tract Boundaries may be made at the time of site plan or subdivision approval, in accordance with the requirements of Article 3 of the LDC. On the Cocnmercial Tract I, a maximum of 25,000 squn~ feet of retail use will be allowed in accordance with the provisions of Section IV, Subsection 4.3 of this PUD document. The Motel/Office Tract II will allow a maximum of 50,000 square feet of -6- 4.5 Do Eo 12B' 1 non-residential land uses or motel units, based on a density of twenty-six d~zlling units per acre. Ao ~ All 7ards, setbacks, etc. shall bc in rohtion to percel botmdaries unless specifically stated otherwisa. Front yard - Recognizing the irregular configuration of Tract I du~ to the 1- 75 access ramp, an average setback of 65 feet shall be maintained, ~s measured from the midpoint of the structure. Tract II shall have a fifty foot setback. Side yard setback - Twenty-five (25) feet. A zero (0) setback is permitted from the edge oftbe Conservation Area. A zero (0) setback is permitted from the Tract I/Tract II property boundary. Rear yard setback - Twenty-five (25) feet. No two principal structures may be closer together than one-half the sum of the building heights. Motel Units: Three hundred (300) square feet and not to exceed five hundred (500) square feet. 2. All other commercial uses: Minimum one thousand (1,000) square feet. As required by Division 2.3 of the LDC in effect at the lime permits are requested. 1. FlAy (50) feet for non-residential development -7- All site nnd building design shall conform to the t~uirements of Division 2.II of the Collier County LDC to insure a unified nrchiteetural design and theme. As provided for within Section 2.$ of the LDC. The Breezewood Planned Unit Development shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 of the LDC Monitoring Requirements. Amendments to this ordinance and master plan shall be pursuant to Section 2.7.3.5 ofthe LDC. Easements, where requirecl, shall be provided for water management areas, utilities and other proposes as may be required by Collier County. AH necessary easements, dedications or other ~ shall be granted to insure continued operation and maintenance of ail services and utilities to insu~ compliance with applicable r~gniations in effect at the time construction plans and plat approvals as required. Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC, Article 3 and standards and commitments of this document at the time of construction plan approval. All landscaping requirements, buffers, walls, benns, etc. shall be developed in conformance with the requirements of Division 2.4 of the Collier County Land Development Code. .g- ]2B The petitioner shall be subject to Section 2.2.25 of the LDC pertaining to nrchneological resom'ces in bge event they are identified on the subject property. -9- 12B ! 5.1 SECTION V ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental requirements oftbe project. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Sub Section 3.2.8.4.7.3 of the CCLDC. In the event the project does not require platting, all conservation/preservation areas shall be recorded, by separate insmm~ent, as conservation/preservation tracts or easements dedicated to an npproved entity or to Collier County with no responsibility for mahtenance and subject to the uses and limitations similar to or as per Florida Stanne 704.06. The applicant shall be subjec~ to all applicable requirements ofthe Collier County Growth Management Plan and LDC, including ~e requirements of Division 3.9 Vegetation Removal, Proteetion and Preservation. Bo The Collier County Environmental Advisory Board recommends that the Collier County Planning Services, Collier County Environmental Services, Southwest Florida Water Management District and the U.S. Army Corps of Engineers coordinate the design of the water management and site plans of this and the adjacent development to the west on the jointly held wetland. Co A conservation area has been set aside on the south side of the site to allow for additional foraging habitat for the Red Cockaded Woodpeckers (RCWs), which have been identified on the property to the southwest. As long as the RCWs continue to use the adjacent tract for habitat, the conservation area will be left in its natural state. Should the RCWs no longer be present in the immediate vicinity, a portion of this conservation area may be utilized for future development, as long as the twenty-fore foot setback is maintained and as long as the guidelines of this document and the Collier County. LDC are met. -10- 1 6.1 6.2 SECTION VI TRANSPORTATION REQ~ The purtx)se of this seciton is to set forth the trnnsportation ~ts ofthe project. The Developer shall: Provide left and right turn lanes omo Immokalee Ro~i at the project entrance, upon meeting wnttnnts of the Transport~on Services Section, and Cootdina~ access to the extent practical with the ndjacent eommercinl development plnnned to the w~st of the subject property, (Donav~n Center). Provide a fair sham contribution toward the c~pital cost of a traffic signal at the project entrance when deemed wan-anted by the County. The signal shah be owned, operated and maintained by Collier County. Provide arterial level street lighting at the project enirance prior to issuance of the fL,~t certificate of occupancy. All traffic control devices used shall conform with the ~ .~ as reqkimt by Chapter 316.0747, Florida Statutes. These improvements ar~ considet~ "site r~htted" ns defined in Ordinance 92-22 and shall not be applied ks credits toward any impact fees mtuir~ by tlmt ordinance. All improvements, except signalizalion, shall be in place before any certificates of occupancy are issued. Access into each tract, as shown on the conceptual P.U.D. Maste~ Plan is informational only. Location and number is subjec~ to preliminary plat approval in nccordance with the requiremen~ of Division 3.2 of the LDC. Before CO--on plans approval, the developer shah demon.~trate that there is legal fight to u~e the access toad into the site. The developer shall provide an agreement between the County, the developer and F.D.O.T. that maintenance activities will be the responsibility of the developer until and il'maintenance responsibility is assumed by the County. -11o 7.1 12B SECTION VII UTILITIES AND ENOINEERINO REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering requirements which must be accommodated by the project developer. 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. 8!1-76, as amended, and other applicable County rules and regulations. All customers connecting to the water dislribution 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 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 waste and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the IX'veloper; his assigns or successors regarding any ~ treatment fac'ih'ties to b~ utilized. The agreement mus~ be legally sufficient to the County, prior to the approval of consWaction documents for the pro~ect and be in conformance with the requirements of Collier County Ordinance No. 88- 7~, as amended. 1 -12- 12B If an interim on-site water supply, treatment and transmission facility is 'utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statues, that the Florida Public Service Commission has granted territorial fights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Immokalee Road rights-of-way. The force main must be extended from the main on-site pump station to the west right-of-way line of Immokalee Road and capped. It must be interconnected to the pump station with appropriately located valves to permit simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. The on-site water distribution system to serve the project must be connected to the District's 12 or 16 inch water main on the south side of Immokalee Road, extended eastward to the east boundary line of the project consistent with the main sizing rt~quirernents specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design of these facilities, the following features shall be incorporated into the distribution system: a) Dead-end mains shall be eliminated by looping the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. -13- I2B Design and consum~tm of all improvements shall be subject to compliance with ~ appmpd~ pmVi.~om of the Collier County Subdivision Regulafio~ aa ~et forth in ~ 3.2 of the LDC. 1 -14- 8.1 SECTION .VIII WATER MANAGEMENT REQUIREMENTS The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. Detailed paving, grading and site drainage plans shall be submitted to Planning 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 the Planning Services. A Florida Department of Transportation and South Florida Water Management District permit approval to out/all into the Cocohatchce canal shall be submitted before construction plan approval. Before construction plan approval, a copy of the Corps of Engineem and South Florida Water Management District permits shall be submitted to Planning Services. -1:5- m,pLes D~ Ly NEv~ N~pLes, Ft. 33~40 NapLes Deity BOARD OF COIJflTY COI~ISSIONERS ATTN: HAHCY SALOG~ PO BOX &1~016 HAPLE$ FL 34101-3016 REFERENCE: 001230 $75S~X) NOTICE OF INTENT TO Stlte o~ County of CoLLier Before the ~rs~ ~t~, ~Lty ~, m ~Jty ~r ~tt~ mt ~L~, Iff d~s~t, r~te, ~tmst~ ~ ~ ~ t~ PUSI. ISHED (~l: 08/24 Al) SPACE: 108.080 INCH FZLED Off: 08/26/97 Slern to end Sublcrtbed brfore BI thtlr~ ally of )~: ORDINANCE 97-~! 12B 1 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BREEZEWOOD, FOR PROPERTY LOCATED IN THE SOUTHWEST CORNER OF THE IMMOKALEE ROAD (C.R. 846) AND 1-75 INTERCHANGE ACTIVITY CENTER, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-95, AS AMENDED, THE FORMER BREEZEWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on Nove~er 19, 1996, the Board of County Commissioners of Collier County, Florida, pursuant to Section 2.7.3.4. of the Collier County Land Development Code directed the property owner Fredrick R. Pauly, Trustee of Pauly Realty, Incorporated, the developer of the Breezewood PUD, to amend Ordinance Number 89-95, as amended, the Breezewood Planned Unit Development Document, in order to bring the PUD into compliance with the Collier County Growth Management Plan and Land Development Code; and WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing Frederick R. Pauly, 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 COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map nu~ered 8603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Nun~er 89-95, as amended, known as the Breezewood PUD, adopted on Dece~er 19, 1989 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :K, CHAI R~N ASSISTANT COUNTY ATTORNEY 1 f/PUD-89-14 ~I) ORD]~NANC~/ 12B 1 BREEZEWOOD PLANNED UNIT DEVELOP~ I-.IMA FILE NO. 88.101A ~ By Hole, Montes & Associates, Inc. 715 10~' Sm~ South Naples, Florida 33fM0 May 15, 1997 Revised Angust 13, 1~7 Exhibit 12B SECTION I STATE~ OF COMPLIANCE .................................................... 1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL ..................................................... 2 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ...................... 3 SECTION IV GENERAL DEVELOPMENT REGULATIONS ....................................... 4-9 SECTION V ENVIRONMENTAL STANDARDS ...................................................... I 0 SECTION VI TRANSPORTATION I~Q~ ................................................. 11 SECTION VII UTILFrIF.$ REQUIREMENTS ............................................................ 12-14 SECTION VIII WATER MANAGEMENT P,.EQ~ ........................................... 1 $ EXHIBIT A PUD MASTER PLAN EXHIBIT B 1 SECTION I STATEMENT OF COMPLIANCE The development of this p~ject will be in compliance with the planning goah ~d objectives of Collier County as set forth in the Collier County Growth Management Plan. This compliance includes: o This PUD permits co~ uses and transient lodging tt a maximum density of 26 unit~ per ac~ and the subject propeffy is located in an area identified as an Activity Center in the Collier County Growth Management Plan, which permits such uses. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the southv~st corne~ of the lmmokalee Road and 1-75. This strategic locations allows the site superior access for the placement of cominco:iai activities. The project shell b~ in compliance with all applicable County r~gulations including the Collier County Growth Management Plnn. The project will be sen'ved by a complete range of services and utilities as approved by the County. The project is comlx~ible with adja~nt land uses through the internal ~ of structm~ the piscenm~ of land use buffe~, md the proposed development stmdm~ contained herein. The Planned Unit Devdopnm~ includes open spnces and natural features which ar~ ~ from futu~ development in order to enlumce their natural functions nnd to serve as project amenities. -1- SECTION il PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL 2.1 2.2 The subject property is currently owned by: Fredrick R. Pauly, Trustee Thc subject prope~'~ is described as follows: BREE2~WOOD PUD The East ½ of the West ½ of the Northwest *A of the Northeast % of Section 30, Township 48 South, Range 26 East, Collier County, Florida. Less and except the north 100 feet thereof conveyed to the State of Florida, dated 26 September, 1955, and recorded in D.B. 43, Pa/e 243, Public Records of Collier County, Florida. Less and except that property conveyed to the State of Florida by deed dated 1 September, 1970 and recorded in O.M.B., Pa/e 397, Public Records of Collier County, Florida, containing 7.42 acres, mom or less. 2.3 This ordinance shall be known and cited as the "Breezewood Plenned Unit Development". 2.4 ~ It is the intent of Fredrick R. Pauly, Trustee to develop a Planned Unit Development of approximately 7.4_+ ac~s on property located on the sonthw~st comer of the 1-75/lmmoknlee Road intemhange quadranL This stnmment represents that Fredrick R. Pauly, Trustee, cunently has lands under unified control for the fnngose of obtaini~ PUD Zoning on the subject property. Develolnnent of Breezewood will occur ia accordance with all commilments contained within the PLrD document and in accordance with all applicable Collier County ordinances in effect at the time of construction. -2- 12B i 3.1 3.2 SECTION STATEMENT OF INTENT ~ PROJECT DEgCRJPTION It is the developer's intent to establish a Planned Unit Commercial DevelopmenL It is the purpose of th/s document to set forth flexible guidelines for the future development ofthe project that meet accepted planning principles and practices and to implement the Chowth Management Plan. The following general provisions are applicable to the PUD Mast~ Plan: Bo Co Do Regulations for development of Bteezewood Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code (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, the definitions of all terms shall be thc same as the definitions set forth in the LI~ in effect at the time of building permit application. All conditions imposed and all graphic mate~ presented depictin~ reseictlons for the development of The Breezewood Un/t Developmem ~ become pan of the ~"gulnfions which govern the manner in which lids site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review cadet Ihe prov~om of the Adequ~ Public Fac~lit~ Division 3. I $ of the LDC at the earliest or nex~ m oee~ of eifl~r f:mal SDP development. -3- 4.1 4.2 4.3 12B SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this section is to delineate the development regulations that accompany the Conceptual Master Plan. Where development standards a~e not specifically provided for in this document, the applicable standards of the LDC shall apply. No building or strucun~ or pert thereof, shall be crcctcd, altered or used or land used, in whole or pert, for other than the following: o Antique shops; appliance stores; an studios; an supply shops; automobile pans stores; automobile service stations with repa/rs (in accordance with the standards of Section 2.6.2~ of the LDC). Bekcry shops; bait and tackle shops; baah and financial institutions; barber and beauty shops; bath supply ~ bicycle sales and services; blueprint shops; boo~ book stores; busim~ maclgn~ segvices. Carpet and floor covering sales - which may include storage and installation; churches smd other places of worship (in accmdance with the sundenis of Section 2.6.10 of the LDC); clothing stores; cocktail lozmgcs (in accordance with the stanchu'ds of Section 2.6.10 of the LDO; commercial recreation uses - indoor, commea~ial schools; confectionery Delicatessens; depamnent stores; drag stores; dry clcaning shops; dry good stot~s; and dmp~ shops. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. -4- '!.28 1 Fish marke! - retail only; florist shops; fraternal and social clubs ( in accordance with the standards of Section 2.6.10 of the LDC); funeral Crardcn supply stores - outside display in side and rear yards: fi, iR shops: glass and mirror sales - includin8 storage and installation; gourme~ shol~ Hardwa~ stores; hat cleaning and blocking; health food stores; homes for the aged; hospiugs and hospices. 9. Ice cream stores. 10. Jewelry stores. 11. Laundries - self service only; i~z'r goods; legitima~ ~a~rs; liquor stores; locksmiths. 12. Marinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motels and hotels; motion picture theaters; musozms; music stores; minor automobile r~pair work. 13. New car dealerships - outsid~ display permitted; news stores; night clubs (in accordance with the standards of Section 2.6.10 ofth¢ LDC). 14. Office - genial; office supply s~res. 15. equipment stores; pottery stores; printing; publishing and mimeograph services shops; private clubs (in tccordance with the mndants of Section 2.6.10 of the LDC); professional offices. 16. Radio and television sales and services; radio station (offices and studios), and auxiliary trnusmitters and receiving equipment, but not principal transmission tower;, research and design labs; r~st homes; r~,aurants - including drive-in or fast food resiaurants (in accordance with the standards of Section 2.6.10 of the LDC). Recr~onal vehicle sales and services including ~pair. 17. souveair stores; stationery stores; supermark~ls and sanitariums. 18. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. -5- ! 9. Upholstery shops. 1 20. Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. 21. 22. 23. Watch and precision instrument lzl:mir shops. War~housing and wholesali~ uses and comparable uses. Any other cornmen:ial use or professional service which is comparable in nature with the foregoing uses nmi which the County Manager, or his designee, determines to be comparable to and compatible with the foregoing uses. Accessory uses and structures customary in commercial centers and for transient lodging facilities including temporary water and sewer facilities, Uses determined to be consistent with the intent oftbe Conservation Are~ such as boardwalks, nature ~ and picnic a~ea~. 4.4 ~ Commercial - Tract I 2.63 Acres Motel/Office - Tract H 3.06 Ac~es Retention Area !. 12 Acres Total Area 7.42 Acres There nrc two tracts of land placed for development within this PUD, Tracts I and rt. The full range of commercial uses will be permitted on Tract I. Tract II will be limited to motel uses. office uses, warehouse and distribution facilities including other land uses which are non-mail in character, l~nor adjustments to Tract Boundaries may be made at the time of site plan or subdivision approval, in acconbnee with the requiremeam of Article 3 oftbe LDC. On the Commercial Tract I, a maximum of 25,000 square feet of retail use will be allowed in accordance with the provisions of Section IV, Subsection 4.3 of this PUD document. The Motel/Office Tract II will allow a maximum of 50,000 square feet of -6- 4.5 12B non-residential land uses or motel units, based on a density of twenty-six dwelling units ^. ~ All yards, setbacks, etc. shall be in relation to parcel boundaries unless specifically stated othe~vise. Bo Front yard - Recognizing the ir~gular configuration of Tract I due to the 1- 75 access ramp, an avernge setback of 65 feet shall be maintained, as measured from the midpoint of the structure. Tract II shall have a fifty foot setback. o Side yard setback. Tv~nty-five (25) feet. A zero (0) setback is permitted from the edge of the Conservation Ar~a. A zero (0) setback is permitted from the Tract I/Tract II property 5. Rear yard setback - Twenty-five (25) feet. 6. No two principal structures may be closer together than one-half the sum of the building heights. Motel Units: Three hundmt (300) square feet and not to exceed five hundmi (500) square fe~ Do 2. All other commercial uses: Minimum one thousand (1,000) square feet. Eo As required by Division 2.3 ofthe LDC in effect at the time permits am rexlUested. 1. Fifty (50) feet for non-residential development. 1 ! -7- Fo Ho Jo Lo All site and building design shall conform to the t~cluir~mcnls of Division 2.$ of the Collier County LDC to insu~ · unified amhilectwal design and theme. As provided for within Section 2.5 ofthe LDC. The Br~e~ewood Planned Unit Development shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Maste~ Plnns and Section 2.7..3.6 of the LDC Monitoring Requirements. Amendments to this ordinance and master plan shall be pursuant to Seclion 2.7.3.5 ofthe LDC. Easements, where requir~t, shrill be provided for water mnnngement ~reas, utilities nnd other pm'poses as may be r~luired by Collier County. pint approvals as required. Sit~ Clenrin~ nnd Drnlnn~e Clearing, grading, earthwork, and site drainnge w~-k shall be performed in ~i~ ofthh do~:~t ~ fl~e 1/me of ~ plan zpl~v~, All landscaping requi~ent~ buffe~s, walls, berms, etc,. shall be developed in conformance with the requiremew,~ of Division 2.4 of the Collier County Land Development Code. -8- -9- 5.1 SECTION V 1 ENVIRO~AL STANDARDS The purpo~ of this Section is ~o ~e~ forth the environmental requiremenm oftbe project All conservation areas shall be d~ignated az conservation/pr~ervation trac~ or easements on all construction plans and ~hall be recorded on the plat with protective covemm~m ~ or similar to Section 704.06 of the Florida Statues. Buffets shall be provided in accordance with Sub Section 3.2.8.4.7.3 of the CCLDC. In the event the project does not require platting, all conservation/preservation areas shall be recorded, by separate instrument, az conservation/preservation ~ or easements dedicated to aa approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or az pe~ Florida Statute 704.06. A. The applicant shall be subject to ali applicable requirements ofthe Collier County Growth Management Plan and LDC, including the requiremen~z of Division 3.9 Vegetation Removal, Protection and Preservation. B. The Collier County Environmental Advisory Board recommends that the Collier County Planning Services, Collier County Environmental Services, Southwest Florida Water Management District and the U.S. Army Corps of Engineers coordinate the desig~ of the water mAr~gement and site plans of thh and the adjacent development ~o the we~ on the jointly held wetland. C. A conservation area haz been set azide on the south side of the site ~o allow for additional foraging habitat for the Red Cock~ Woodpeckers (RCWs), which have been identified on the property to the southwest. As long as the RCWs continue to use the adjacent tract for habitat, the conservation area will be left in its natural state. Should the RCWs no longer be present in the immediate vicinity, a portion of this conservation area may be utilized for future development, az long az the twenty-fove foot setback is maintained and az long as the guidelines of this document and the Collier County LDC are met. -10- 6.1 6.2 SECTION VI TRANSPORTATION REQUIREMENTS The purpose of this seciton is to set forth the transportation requirements of the project. The Developer shall: Provide left and right turn lanes onto Immokalee Road at the project entrance, upon meeting wnmm~ of the Transportation Services Section, and eoordlnate access to the extent practical with the adjncem commercial development planned to the west of the subject property, (Donavan Center). Provide a fair shar~ coa~bution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County. The si?,,! shah be owned, operated and maintained by Collier County. Provide am~rial level stree~ lighting a~ the project entrance prior to issuance of the first cerfifica~ of oCCUlXn~' All tra~c control devices used shall conform wP, h the Mamml on Uniform ~ as r~quired by Chapter 316.0747, Florida Statutes. These improvements ar~ considered "sit~ r~lated" ns defined in Ordinance 92-22 and shall not be applied as credits town.,d any impact fees required by that ordlnnnce. All improvements, except signalization, shall be in place before any ccrtific~__-~ of occupancy am issued. Acce~ into e~h trot, ~ ~ on th~ ~ P.U.D. ~ PI~ i~ informational only. Location and number is subje~ to ~ plat ai~oval in accordance with the reqtfimments of Division 3.2 ofthe LDC. Befor~ construction plans at~xn, al, the developer shall demonstra~ iht there is legal right to use the access road into the site. The developer shall provide an agreement between the Coumy, the developer and F.D.O.T. that m~ntenance activldes will be the n~aonzibility of the developer until and if maintenance -11- 1 SECTION Vll UTILITIES AND ENGINEERING REQUIREMENTS 7.1 The purpose of lhis Section is to set forth the utilities and engineering requirements which must be accommodated by the project developer. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the pmjeci 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. o All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 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 waste and/or se~er facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive ~ and/or retire and trest the sewage gener~__~ by this project. Should the County systetn not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate facilities and/or interim on-site sewnge treatment and disposal facilities adequate to meet all roqu~ents of the utilized. The agreemeat must be legally sufficient to the County, prior to the approval of comsm~on documeats t'or the project ami be in conformaace with the mtairements ot' Collier County Ordiruame No. 88- 76, as amended. - 12- o If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statues, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. The utility construction documents for the project's sewerage system sludl be prepared to contain the design and construction o£ the on-site force main wlz/ch will ultimately connect the project to the future centraJ sewerage facilities of the District in the Immokalee Road rights-of-wey. The force main must be extended from the main on-site pump station to the west r~ght-of-way line of Immokalee Road and capped. It must be interconnected to the pump station with appropriately located v~ves to permit simple redh'ection of the project's sewage when connection to the County's central sewer facilities becomes available. The on-site water distribution system to serve the project must be connected to the Districl's 12 or 16 inch water main on the south side of Immokalec Road, extended eastward to the east boundary line of the project consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design oftbese fi~cilities, the following features shall be incorporated into the distribution system: a) Dead-end mains shall be eliminated by looping the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. -13- Design and consvucfion of all improvements shall be subject to compliance with th~ appropriate provisions of the Collier County Subdivision Regulations, m r~t forth in Divhion 3.2 ofthe LDC. 1 -14- SECTION VIII WATER MANAGEMENT REQUIREMENTS 12[ The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. Detailed paving, grading and site drainage plans shall be submiued to Planning Services for review. No CO--on permits shall be issued unless and until approval of the proposed cons~uction in accordance with the submitted plans is granted by the Planning Services. A Flor/da Department of Tnmsponation and South Florida Water Management District permit approval to outfall into the Cocohatehee canal shall be submitted before construction plan approval. Before construction plan approval, a copy of the Corps of Engineers and South Florida Water Management Distzict permits shall be submitled to Planning Services. -15- 1 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 tru~ copy of: ORDINANCE NO. 97-41 Which was adopted by the Board of County Convnissioners on the 9th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1997. ~VIG~T E. BROCK Clerk of Cour,s and. Clerk . "~ Ex-officio to Board of co,.,, c~..,s...=. .. ~,F~:..~.'.~ ~, . ~ .., ,-~.' ,~ ~ . ~ · .. ~.}~,.,. :.. ~ · · , ~ .~.:..- ~. · ...~,,,, ~,~:.~? , . .... ~ COLLIER COUNTY IrLORmA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIF. ARL'VGS To:. Clerk to the Board: Please place the following u a: XXX Normal legal Advertisement (Di~lay Adv., location, Other: Petition No. (Il'none, gix~ brief___ae~i_ 'ption): PUD-91-1(I) ~/~ ~ Petitioner:. (Name & Addrcss): Earl L. & Shirley' a, Fr~. 497~G bonila Beth Rood. Bonita Springs. Flor~3 34 ~4 Name & Address of any person(s) to be nmified by Clerk's OMce: (If more spac~ is needed, allach separate shee~) Thomas E. Kilkn. Architect, 2009 Trade Center Way. Na~es. Florida 34 He,ring tr.'ore XXX BCC I~ X Other Requested Hearing date: ~a~'t~ Based on advcttisemcnt appearing I, days beforc heating. Newspaper(s) to be used: (Complele only if important): Petition No. PUD-gI-I (l}, Thomas K. Klllen, Archi~ecC, · represen~ing Earl L. and Shirley A. Frye, requesting a rezone from PUD to PUD known as 'Radio Square" to amend the PUD documen~ for ;j,xpuz]moses o£ adding fraternal organizations as an authorized use, .--.'.For proper~y located on ~he southweat corner ot Radio Road · ,~(C.R.856} and Donna S~ree~, in Section l, Township 50 South, Range : .25 .East, Collier County, consis~ing og 9.4 ac~as. Do~ Petition Fee include ~smg cost? ~,J~'Pes 11 No ffYe~ wha! account should be charged for advctlising co, ts: lu. uu23 49t 0 'Po Division Head County Manager Dale Lisl Attachments: _DISTRIBUTION INSTRUCTIONS For bearings before BCC or BZA: Initiating person to compJete one cey and obtoJn Division Head approval before submitting to County Manager. Nme: If le~M document is Involved, be sure ~hat any necessary legM rt,.view, or request for same, is submitted to County Attorney before sabmitlinE to County Manager. The Manager's office will dL~n'lmte [-] County Manager agenda file: lo Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head lo approve and submit original to Clcrk's Office, rclaining a copy for Date~: ~ { ") D'ato of Public hearing: DateAdvenised: 12B 2': )'AT I'AX BO: (~43.} 7'74-8408 12B Z August 6, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition PUD-91-1(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, August 24, 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. 704259 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 9, 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 NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMF--NT CODE, ?~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUM]~ERED 0501N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RADIO SQUA/~E, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RADIO ROAD (C.R. 856) AND DONNA STREET, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA, CONSISTING OF 9.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-95, AS AMENDED, THE FORMER RADIO SQUARE PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-91-1(1), Thomas E. Killen, Architect, representing Earl L. and Shirley A. Frye, requesting a rezone to amend the PUD document for the purposes of adding fraternal organizations as an authorized use. Copies of the Droposed 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 need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) August 6, 1997 Thomas E. Killen, Architect 2009 Trade Center Way Naples, Florida 34109 RE: Notice to Intent to consider Petition PUD-91-1(1) Dear Petitioner: Please be advised that the above referenced petition will be by the Board of County Commissioners on Tuesday, September 9, ~ ' -',', · indicated on the enclosed notice. The legal notice pertaini~:~ petition will be published in the Naples Daily News on Sundayl 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Earl L. & Shirley A. Frye August 6, 1997 Earl L. & Shirley A. Frye 4975 Bonita Beach Road Naples, Florida 34134 RE: Notice to Intent to consider Petition PUD-91-1(1) Dear Petitioner: Please be advised that the above referenced petition will be c~~ by the Board of County Commissioners on Tuesday, Septec~%~>r indicated on the enclosed notice. The legal notice petition will be published in the Naples Daily News on 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Thomas E. Killen, Architect ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER C©UNTY LAND CODE, WHICH INCLUDES THE COMPREHENSiV~-i ZONING REGULATIONS FOR THE UNINCORPC;-.¥~'~i[ AREA OF COLLIER COUNTY, FI,ORIDA, BY ~ENDING THE OFFICIAL ZONING ATLAS NUMBERED 0501N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM "PUD" TO "PUD" PLANNED U~;IT DEVELOPMENT KNOWN AS ~IO SQUARE, FO~ PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ~DIO ROAD (C.R. 856) AND DONNA STREE'7, SECTION 1, TOWNSHIP 50 SOUTH, kANGE 25 EAST, COLLIER COUNTY, FLORIDA, OF 9.4 ACRES; PROVIDING FOR THE REPEAL ORDINANCE NUMBER 91-95, AS AMENDED, FORMER ~DIO SQUARE PUD; AND BY PROVIDI',~ AN EFFECTIVE DATE. WHEREAS, Thomas E. Killen, Architect, representing E~[~i k Shirley A. Frye, petitioned the Board of County Co~,i$$io:~r$ %~ the zoning classification of the herein described real NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUN'fY ~ COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real located in Section 1, Township 50 South, Range 25 East, Collier Florida, is changed from "PUD" to "PUD" Planned Unit accordance with the PUD Document, attached hereto as £x~ibiL is incorporated herein and by reference made part hereof. The Zoning Atlas Map numbered 0501N, as described in Ordinance the Collier County Land Development Code, is hereby amended SECTION TWO: Ordinance Nuraber 91-95, as amended, known as the Radio adopted on October 8, 1991 by the Board of County Commissioners Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissione~ Collier County, Florida, this .... day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONE}~.~ COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY BY: TIMOTHY L. HANCOCK, CHAli.[t.'..' f/PUD-91-! (1]/ordinance 'P~ UNIT DEVELO?MENT DOC'U?,~7 T for I~DIO SqU~llE Ptm , Str~ &z~uth" Flo:i~ 3294o 2624617 'I'A[~I,E OF CONTENTS SECFION I LIST OF ~VflllllT$ ATTACHMENT A.- CONgEFI'UAL PUD MASTER PLAN ATTACHMENT B - LEGAL DE~CK ,.'PTION STA't ~ ......... OF COIq?:.IA! ;:;iZ · ...:..'.':,'.'.',i . ~......,.-..' , ". · G~~~tPhn. .... ..... ,...., .:...~,..~..,, .... · . . ... '."'J" ..'".~4' ~'. '"~'' ~e ~ '~lopmeut h ~m~u~lc vdth adiac~t:~ ,,:, [ u~,c~ ~ gert, ~i~ ~ O~ I~velopment ~q~rcments to e.:,:rc comp;~:,~iH~ s / / PROPERTY OWNF..R~, LI~GAL D[~CRItq'ION, AND c~,,- ~ -.--~ ? 2.1 PROPERTY OWNERSI-I~ TI~ ordinaue~ ~ I~ ~ and cited a~ the 'Radio ~ment Ordi~n~'. 2 2 3.5 ~ FOR ~ : · ..-%.~' ~: :~, ,?".r. '.,, :'-',..'?:: =~.~' ?".'-:-,~ '.". · -. ' 3.6 ~=MEN~ _I~O~fTS TO ~ ORDINANCF- Amendments ~o tl~ On~[nan~ and ]~,e~ ~ ~ be purmant to Section 7-27j of :.; .:?,....\:'~:,.. :.~ '~:..: ? '~.'~: ~' :::', ::.-; ...:~':. :~ . 3.7. PROJ~_,cr PLAN APPROVAL RF_,O~ : ' .".. :.,~,..;'~ ~,C. ~,-'r~'-!~"~r.~,:v.".:',~: .',- ~: '. ".'..~. o' - ' - · . :~". . F:, ·. ~:....::~,;-:. .... . ........ . . .. ..... :.. · . . . · .:.- .:..;,.~:i'riortothon~ans~Rm~lqak~n~dn~dm/tho,~nvhtnnRepmtiom ~ .'.'.:-. .-~.: -. ~. - '~"v . ,... '.~.~'~ . ..~ .~.. ~..,,.. ,.:. .... ...~..~-= .,'.,: ,,..........,= , . ..~. ~~:~" '']PUD e~t Plata ...~ .... .,..,~ .. . · '... ', ',~-:.: ~..'~.~ons. '~ !~:~ i~: .r'~ .'-'": '::':';'.' -:" .' · , ' : ... :...-.. ,.... '.~,~:,: ~ ~__ .... ~.~,.,,-,. ~ .,"- ::,.,~,.'~, ',~ ~,...-.~ ,: '. .... , , . · . . . · ..,~, ~.~--~ ~...~..'~,~.~-,,. -.-.. .,.. : .,, .. . . . : · · · .:~.,....~..~.'.'~',..,..,~..,.~ ....... · ...... . . ,~: . ;',..' ,' · '.. ~".~. :'issuan~ d a butidi~ permit ot othm- dov~kq~nt onSm,. .~..%- . .,,~... . .. . , .. . ·... .... ,,~_,~,~, ..?,7%,.= ..,-.....,. ,:.-...... ~......-~. ?.- . :."., .:~,. !...... : .' 'TI~ m'e~ ilhmmat~ u a dot~ntion area on A~ 'A' shall bo constructed u a samo ~ne,~ m:m~ as sbo~ bj, Amdment "A". tn addition to tl~ variom nreas and speci~ items shown in ARa~hmem -A", ea~,ments, 12B 2 3.8 SUNSET AND MONITORING PROVISIONS Radio Squa~ PUD ~ be required to ~,bkle by any pmvisiom in .the Unitlcd Land Docent Code pertn!ntn, g to s~nsettlng stnd monimrin~ as sr. hedulexi for adoption in th~ Fall of 1991. 12B 2 "GENERAL DEVELOPMENT KEQUIREMEN~ The pm'pose o{ this scction Is to de. lincatc the dcve3opmcnt rcSulation~ that accoml:)a~ny the PUD Master Plan. '.. Where flc~loPn~nt stnn~la~ are ~ot specifb~ ~o,,ided for in this document. applicable standards of the Collier County Zoning Ordinance sl~ll apply. 4.3 LAND USE INTENSrrY AND PROJECT PHASING .....-......~. . -:; ..... . .... ~. ~..., . ,. . · . ~ . .. '~ %. ..... · : · .,, . . ; · . ..: · . "": ';'";~' ~[~t~";" ''~ "~'' '" · ' ' 2. Asacmblin& packagin& and fabricating operat~ns only within fully enclosed structures; 6 Ce 3. Financial institutions; 4. Laboratories; light manufacturing and product assembly, only within fully e~clo~e~ structures; 5. Technological research of{ices; of{ice sup91y businesses; 6. Medical laboratories, clinics, treatment facilities and research and rehabilitative centers; 7. Printing, lithographing,and pu.~lishing; 8. Warehousing, wholesaling, storage and distribution facilities, including comparable uses, only within fully enclosed structures; 9. Business and professional offices; banks; financial institutions; 10. Medical laboratories; medical clinics; medical of{ices for humans; 11. Leal estate offices; research design and development activities; 12. Transportation, communication and utility offices; 13. Child care centers; 14. Fraternal Organizations. Acces~ry Uses 1. ~rvice establishments catering to commerce and industries; 9_. Recreational centers, child care center~, and restaurants available for use by em91oyees of busine~ located within the permitted or accessory use bullding~ of this P~D; 3. Retail sales and/or display area~ a~ accessory to the principal use, not to exceed and area greater than 10% of the gross floor area of the permitted pri~cipal use; 4. Any other commercial use or professional service which is comparable in ~ature with the {oregoin9 uses a~d which the County Manager, or his d. esignee, determines to be comparable to and c~)mpatible with Development Standards - Tract 2-10 1. MinL=ul Setb~ck Requirements [ro~ Pro. Fry Lines and Tract Bo _urm~__ries _~w_cept ~_~t ~e+_~_cks ~or Tra~t 2 and 3 shall be Measured from the Inside F~ge o~,, tA~ Lmr~ Bu~er- 12B 2 a. Front Yard - Twcnty-f'n~c (2.~ feet. b, Side Yard -Tcn (10) feet, ~ccpt that no side yard sh~ll bc lass than fifty (.SO) feat from. any abuttin~ residcntiatly zoned lot. c. Rear Yard . Fifteen (15) feet, except that no mar yard shall be i¢~ than .. fifty (50) fact from any atmttl:g/tcsJdcnttally zoned lot. 2. Lot Sf~ ReouJrcme~t a..' ~um lot wklth - One hundr~ (100) feet. · b. lVfinimum lot si~ - 10,000 ~ ft. 3. ' Minfmum lqoor A~em . One ttmus~ud (1,000) ~lua.,*c fact. ' 4. Off-st~cet Parkin, Re~emcn~ .. · ' ""': "-"~': A twenty-five (25) foot buffer shall be'it'~quired aloni thc cn~c eastern ¢d8c ' ·,.:..: .::'.-'[;]ofthcprojcctin-___,__-_,_-or~wlthtlm'Standardsofth~CollicrCountyZonin~ · '.- ?:.'-?Ordinance, Thc landsca~ ~ ~ the ea.~,ern edBe of the project shall .. be planted prior to tlm issuance c~any ,ccrti~te~ of occupancy for structure~ · and shal~ be a size and t:rpa which w~ffinsu~ meetln~ an ei~ty (80) pcrccnt opacity and maturc hcig~t of ~ (63 fec~ wttl~n twelve (12) montl~ of thc data As.r~uir~ I~ mc con~ County S~n Ordinance. 9. Outside Stora_ne and Rennir No outside storagc or repair of prrxtuc~ shall bc alloyed on any tracts. 10. Loading and Ullloadinlr No loading and unloading to the rear of bm'1dings abutting residential uses along thc eastern property llne. Loading and unloading shall not occur before 7:00 a.m. or after :7:00 p.m. Loading and unloading will only bc permitted fi.om trucl~ onto loading platforms .~thin enclosed structures. 11. Ail warehouse, wholesaling, storage and distn'bution fac~'lities shall be subject to all applicable Collier County Noise Rc'gulatiuns. 12. Water Management/Detention Area as Buffer .The prinCiple water management/detention area is required to be located along the eastern edge of th& projea:t to create a greater separation between planned uses on this site and residential uses to thc east cf this Planned Unit Development. · . · . '.-' A ~ association shall .be established for thc purpose of maintaining all . '. :....'.':-': .' '.' landscaped meal, the water llmns~mmlt system and other common~ open · ..':'" ':: '.-.... '.'...' :' .- spaces re'cas to insure healthy plant iaaterial, that is free of trash, debris, or k'-..' '.,' ~' .?~'.. '.:.-.c; y .... ;... all ltgbta flufll be shielded and o~¢mted towarda the building to rmmauze ' "'~' ·': ~';:' '"'; "'.:'lmpa~ oa ndjoiain~ propert~ The trite,miry of light shall be limited to a "'· 15. Constr6ctkm ¥¢hiclea ,. Comtructton v~hicles shah be parked as far away from Donna Street ns is "[.practical during the course of construction. B~glar .alarms shall be placed 0nlY along the west side cf the building and shall be properlY maintained nt aH tlme~ 17. Architectural Standards : Should metal bulldinlP be erected on Tracts 2, 5, 9 and 10, lhey shall be co. red with a brick, stucco or similar ~pe of facade on both the north and east sidea, with the: exception of Tra,zt 2 which shall hnv~ n facade placed on the north, east and south side for the purpose of enhancing compatibility with 9 12B 2 r~sidential prolz~es in the vicinity of the proIzrty. Tract 3 shall have a favadc phced only on thc north sklc and Tract 6 on thc cast and south side o~y. No such restrictions shall apply to Tract~ 4, '/or 8. '. D~lormac~t Standards - Tract 1 1. ' S~tba~.k Rcouiremcnts : '. a..'- i Front' Yard - F/fry (50) fe~t from the inside edte of the landscal~ buffer. ** 10 -. eo As re~cluired by tbe Collier County Zoning Ordinance so as to insure a six (6) foot high buffer ~'ith 80 percent opadty ~thin twelve (12) months of thc data fifit planted, in addltio~ · n~tm~ landscape buffer of twenty (20) fcct in hcight shall be inst~Hed alon~ the eastern edge of th~ offic~ building to further Azc~t¢ctu~l Contzois ,. Thc ofr~ ~ ~ not ~ ~e ~ ~ of ~. ~1o~ ~d ~ ~ ~ ~~ ~ ~n~ s~ ~ ~e r~f shall ~ of ~ ~p ~ ~ble ~ ~ ~ ~ ~ on ~ ~m~er of a r~enfial stmctur~ ~. ~~$ ~ for T~ I ~ ~ l~t~ a~y ~m r~idential No glare from lights ~ be permitted beyond thc boundazy of thc property az~d ail liShts sh~I! be shielcled and oriented towards thc building to minimiz~ Impacts on ~ pt'OpertJ~ The inter~ity of light shall be limited to a 12B 2 SECTION V ENVIRO~AL STANDARDS : The purpose o[ this Sec~,on is to ~t forth the stip'dla~{ons established by the Environmental Advi~ry COuncil. A. Petiti°ncr shall be subject to Ordinanc~ No. 82-2 as amended by Ordinance 89-57 (use ot' ~a~ive sl~-.cie, in iand.,apjn~). B. P¢~iliouer shall be subject Io Ord~ No. 82-37 as amended by Ordinance (removal oi ezmic ,pecics). C. ?etitioue~ shall be subjec~ lo thc Col~er County Comprehensive. Plan Policy 12.1.3 contained in thc Conservation and Coaaml Management Element (d~acovery of a archaeological or historical site, axtifac~ or other indicalor of l:re~ervation). · D. Petitioner' ahall obtain and aubmit documentation of all neceasasy local, state and "". ' F.. Thc applicant ~ be aubject to'all environmental ordinancea in effect at the time "'j "' -:Fi" Tae' a~~ut ~ main all ~d~ug ~ative vegetation within aU p~opo~ed buffcn. i: G~ ':'The'appiicaat'ahall retain au nativ~ vegetation out~ide of the lake boundary, on ":. · Trac~ 11, unle~ the con~i, guration of fha water managemen, t ~yatem within Tract 11 · '. ' cannot accommodata the ratentioi~ of nativ~ vegetation in apecific areas. 12B 2 SECTION VI TRANSPORTATION I:~QUIREMENTS The purpo~ of thh Section ii to ~et 'forth the T.ranspor~tion commitmena of thc Project Doa:lOl~r. : · 1. Thc dcvclope~ shah p~ovid¢ arterial lcvcl strcct lighting at thc project entrance. · 2. ThJ i'oad imi~tct fe.~ ,hall be 'as.s~t forth in Ordinanc~ 8.1-ff, a~ amended, and shall be paid at the time building permits ~rc issued unlm otherwise approved by the Board o~ Coun~ C~mm~oncm 3. Acce~ improvements sha~l not be subject to impact fcc crcdits and shall be in place bcforc mzy ccrtificmcs of occupancy ere issuc~, and shall not bc subject ~o - .4.' . All tra~c control devices usc, d sl~ll coztfomn :with thc Manual on t./niform Traffic .-.....: .. =:. :.. ,.5... ~ t~ thc projcct shall bc rcstr~ to right turn-tn/ri~t turn-out. .... .....'..,,,..~ ': ~.,,~..:.' ..::. -..;.~.. ~ . . . · . . . . . ' . '.~...' , ,: - 6. . ..Thc mcdian opening on Radio Road (four lane condiuon) at Indusuial and Donna "]. ' "= '-''"7." Th6 i~ti~ioncr shall provide a fifteen (15) foot tcmporap/construction casement :-"..? .' .';:.", ':':: .::.;.'. 'on the south s/de of.Radio Road and aion~ this enti~ frontagm for thc four-laning · ..' ..' - .. ~ 13 p-- , r--- 12B 2 SEC~ON YII LrrlLmES REQUm.EME.NTS 7.1 2. Design and construction of ~II impravcmeats shall be subjeg't'to compliant, x: with · the appropriat~ p .~ns o! rig CoRict County Subdivision Regulations.. ""' '3..TI~ pmjcct shell b~ 'platlcd in eccorclaac~ with ColOr CounBr Sutxlivision :. : ""::'~.~'~':.-'~'~,??Rcgulatioas m derm~ 'thc fight-of-w~ ~d tract~ ~ d~wn on thc PUD Master : ; .. ~' ~..-':, .4. :~Thc dcvclopr~ and all subseq~ni l~'Uuoo~s ar~ hercl~ placed on noucc that they '..;'...:'+'!;;: c.?.~'.'.:-<_[¢ffcct prior to or conc~-r~nt wit~ any sul~s~cnt development ord~ relating to ·!:.:iil )~ Dcv~lol~nc-nt 5. "The 10 ft. landscape buffer : . ~.' .?L ii p¼tted tract (not witch n ri~t-c~-w~) or within ~¢ p~ttcd lots t~t dh'ect~ '. '" '":' ".F:' '. ~ to an off-dm Co~ ri~t-af-wsy, provided t~c b~'er is not located witl~ '"' ' "" ;' -~ an~ Utfli~ or dra.lr~ng¢ ~,sen~nt. All land~cape tmffc~s required by the Subdivision subdivision imp~o~mcnts for tl~ project. 1. Scwnge collection, sewage transmission and interim scv~ge treatment facilities to serve thc project nrc to be dcd~led~ constrnc',~ corn, eyed, owned and n~intaincd in accordanc~ ,~4th Collier Co~mty Ordinanc~ No. 1~-76, as amended, and other applicable ..County ru~.s nnd rc~tions, as applicable. 2. All customers connccting to thc se. wage collection fadlities to be constructed will b~ customers of thc County and will be billed by thc County in accordance with thc 14 2 County's cstablhhcd rates. Should thc County not tm in i position to provide sewer service to thc project, thc sewer customers shall bc customers of thc interim utility ~tablishcd to serve thc project until thc County's off-site $~ver facilities arc a~blc to serve thc projcct. 3. ' Prior to construction pl~rts and plat app~ a icttcr from thc Cit7 of Naples Water District stating that thc district Ires re-vinyl! and approved thc water facilities construction documents for service to thc project shall be submitted. 4. The utiliti~ COmtruction documents .for tl~ project's sewage system shall be prcptred so that all s~vage flowing to tlm County's master pump station is transmitted by one (1) main on-site pump station. Due to thc d~ign configuration of thc minter pumI~ station, flow by gravity into the station will not be pom~l~ Tt~ Dcvdopeds Engineer ~ meet with County staff prior to commencing prcpanttion of comta'uction drawings, so that all aspects of thc sewage system draign can be coordinated with tl~ County's s~r minter plan. 5, Thc'existing off-site sewage tramm~n facilit~s of the district must be evaluated for h~h~ulic c~p~ty to scr~ .t~ project ~ imp~o~! ~ required ouuidc thc wastewnter generated without advc~c tmpact to t~ existing ~ansn~s~on facfllt~s. · '- Associ~ documents must be p~o~l with ibc ~ site plan and provide for '. 15 12B 2 WATER .MANAGEMENT REOU~ ". Thc pm-pose of this section is to $¢t fc. cth thc sfiputa6ons established by thc Water Man~g~ac-nt Ad~.ry Board, which shall .b~ r~l~ir~ of the proj~.ct dc'veloper. · " "1.' . l~ttt'le~ ~.g, gradin$ and sitc iLmin~~: plato ~ bo submitted to l:'rojr, ct R~Mew $¢rd~ for refiew. No eoi~'u~a/on pta'm/ta ~ be iasu~l unle~ ~nd until &ppmval of the pro~ comtrwt~ in accord~m~ with the subm/tte, d plan~ 2. D~ign ~z,d con:minion of ali im~~ ~ be rabjea to eompl/ance with -....,.. :. - ,...'.......i.'.. pro /ox co ty · . 7. '..;... '..;7; "'~.. .... ;. ';'q"~',".. ..' -.. ;~. ,:~?."~'?. ~'.'.'.",~ . i. An Excavation Permit ~ b~/eqxflr~ f~ tl~ lawpoa~ wet detention area in :..~.~.:: ,~,.:-~:,;.~..'.',' :~.... -___ceorc~ace ~th CoRie. r Cc~ty Ordinanoo No. 88-26 and SFWM~ rules. ' L", *-' ~,-'?.--":':: .¢:"9 swale funcfio~t .-..: ; . . · · .' ?'. :~' ...: ..... "~3~ 5, '~;,';,~. .~.. ., .... · -' -.. ',. · ~.. '.': ...... ..'. '~.-,'a x.,,~...., .~...~.-,.-{.,,:,...-,, - .... .- . , .... . . ; :~O-'!¥":-',t.'f'~. t,-~-~ ...... '~.,,+ >, .."~..' '"- -~:~ .' : , ..... ',... .-. · · l~tttion~' ~ obtain a ~ l:loOda.. Wt, m' ~t District I~rn~t or · . work pe. xmit prior to ~ plans Iq~ How~r~r, if South F]orida Water · ..,. '} Management Dhtflct dct~i'mtnc~ that a wetland docs not c:fist, Collicr County · - .'.issue thc surfacc w~tc~ permit. Written confumation to this cftc, ct shall bc · provided. 16 : 12B SECTION IX SUBDIVISION EX~ONS Thc purposc or' this s~--t/on i~ to list approvcd subdi~ion cxc~ptior~. 1. Subdivision l~s~lations, Article X, Section 19 -Strcct Namc Markers and Traffic 'Control Dcvk~.: W~vc thc rc~-cn~at~ ~or strict name markcr~ but traffic control dcviccs slmll mcct thc U-~i.D.O.T.F.H.W.A.M.U.T.C.D. ALso, waive thc rccluiremcnts for strcct pavcmcnt psinting, striping and rcfl¢ct/ng cdgcs provided 2, Subdivision R¢~ulafiom, Article XI, Section 17F, Street Right-Of-Way Width: =....:.. Waived to a minimum 60 footwidth. ' . ....... ' ' '. 3,""' ":':::;"Sulxlivision" :.'.'.'' .'.C.Re" oas,""Artlc~ xl, Seaion 171 - Curb Radii: Waived. to a '. ,,,. · ~-:..~.,'C~.'~.~::": .... ,. ,..~:~..~>...;',?!,.~.:~..,~,.~.. .... : . '.- · .. '. '.' :-...:;'~' : ,.- .:¥,,"~.","'.:'~" '.' '.: '. '" . '' - .'~. ' . '. ' · '. '. ':.!.?'.i ..... · .... ~=~,-,,~ , ...--~.. ,.~. ~.......,~=.. .. ..... ...,~: >: -; ~.~J~j. '..~. .. . '. ,: .~. ,. ...... . . . . :. ,..',:.-.r-~.,"7...:=~;~:'..~':-. .'.. ....-.;,.?~ ..~;:,~,'.}_?..i- :?~'-.... 17 12B 1I t~t~. t I . i [ . I' I' I' I. I I- I- t ...................... I '1,' J IIl~,i~ llJiiiil iq l~,~iil ~B ~p!es Daily NL~ I~ples, FL 339~ Affidavit of Publicati~ Heples Daily BOAR&) OF COUNTY COf~HISSIOHERS AT*TN: HANCY SALOGUB PO BOX 41~016 HAPLES FL REFERENCE: 001230 ?0~259 57552499 NOTICE OF INTENT TO State of Florida camry of Collier Before the ~erstgn~ authority, I~rsc~alLy ~ar~ A~ele Bryant, ~ c~ oath ~ys that she serves as Assistant Secretory of t~e Naples Daily N~s, a ~Jly n~s~r ~blish~ at ~ples, ~n CoLLier C~ty, FLoH~: t~t t~e attac~ of the ~ertis~ was ~bLish~ ~n said ne~s~r ~ ~tes t~st~ Afft~: further says that the ~td ~Les ~LLter C~ty, FLori~, a~ t~t :he ,aid ~r ~a heretofore ~ ~tin~sLy ~LJs~ ~n ~Jd CoLLier C~:y, FLori~, each ~tter at the ~st office in ~ple,, tn aa~d CoLLier C~ty, FLorida, for a ~rJ~ of q year next prec~i~ the first ~Licati~ of the attach~ c~ of ~ertJs~t; a~ affiant further says t~t she ~s neither ~id ~r pr~Js~ ~y ~r~, firm or c~ratt~ any d~,c~t, r~te, ~issi~ or refu~ for the ~r~se of mecuri~ thi~ ~wrtis~nt for ~LJ~t~ ~n the ~aid PUBLZSHED ON: 08/24 AD SPACE: 99.000 INCH FILEO Off: 08/26/97 Svorn to end Subscribed before ne thisc-~/~ day of ~ I~IUAA- THE AS 12B 12B 2 ORDINANCE 97-42 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0501N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RADIO SQUARE, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RADIO ROAD (C.R. 856) AND DONNA STREET, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-95, AS AMENDED, THE FORMER RADIO SQUARE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Thomas E. Killen, Architect, representing Earl L. and Shirley A. Frye, 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 COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 1, Township 50 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 0501N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 91-95, as amended, known as the Radio Square PUD, adopted on October 8, 1991 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 PASSED AND DULY ADOPTED by the Board of~_unty Commissioners of Collier County, Florida, this ~rT~day o~~, 1997. ATTEST :.. .., DWIGHT' 6% ~ ~Off7, ',CLERK .~. ~'~ ... · ' ' LEG~:~U'~I~Y ~RJ~IE ~. STUDENT ~SSIST~NT ~OU~Y ~TTOR~EY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY'/~. ' HA~CbCK, - CHAIRMAN f/~UD-91-1 (1)/ozdtnance PLANNED UNIT DEVELOPMENT FOR RADIO SQUARE PUD 12B Prepared For: COLI .IF.R COUNTY PLANNING SERVICES 2~00 North Horseshoe Drive Naple~, Florida 33942 Prepared By: THOMAS E. KILLEN ARCHTFECT & pL.S, NNER 2009 Trade Cettter Way Naple~, Florida 34109 · (941) 591-3130 D~te Hied: ~=t]L~t,LJ.~ Date Revieweti By CCPC: September 19~ 1991 D~ ~p~v~ By BCC: O~ob~ 8, 199! Ord~nce g 91-95 ~mdmm~ & R~ ,,, TABLE OF CONTENTS SECTION I PAG. I~ STATEMEN'T OF COMPLIANCE ..................................... 1 S~FION Il PROPERTY OWNERSHIP, I_.EGAL DESCRIPTION AND SHORT'ITrLE ...... 2 SECTION m STATEMENT OF INTENT AND PROPERTY DESCRIPTION .............. 3 SECTION IV GENERAL DEVELOPMENT REGUI~TIONS ........................... 6 SEC~ON V ENV1RONME%rrAL STANDARDS .................................... 13 SEC~I'ION VI TRANSPORTATION REqUIReMENTS .............................. 14 SECTION VII [7I'[IJI'IF~ REQUIREMEN'I':S ...................................... 1 5 SECTION vm WATER MANAGFJME2qT REQUIR.EMENTS .. -. ....................... 17 SECTION IX SUBDIVISION EXCEtYI~ONS ....................................... 18 LIST OF EX]iIBITS ATTACtlN4I:,-NT A - CONCEPTU.'kL PUD MASTF~R PI,AN ATTACHMENT B - LEGAL DESCRIIrTION $£CTION I STATEMENT OF COMPLIANCE The dew:iopment of.this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Cn'owth Management Plan. Thi~ ~ompliance includes: 2 1. Thc subject property is located in an area identified as Urban in the Growth Management Plan for Collier County. 2. The project shall be in compliance with all applicable County regulations including the Growth Man~¢ment PI:ua. 3. The project will be scm, cd by a complete range of services and utilities aa approved by the county. The project is compatible with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the propo~ecl development standards contained herein. The Planned Unit Development includea open apacea and ~n~al fvalx~a which aro preserved from future development in order to enhance their mm ~u-al functions and to serve as project amenities. On this site, thc project combines land uses, including industrial and office uses, with extensi~ ~ open spaces and buffer zones to satist~' the guidelines in the Growth Management Plan pertaining to the mix land uses. Specifically, the proposed project complies with ~¢ Collier County Growth Management Plan as follows: The requested re-zoning is in the form ora PUD ~ required. b. Thc proposed site is not "spot industrial" and is adjacent to existing land zonod industrial. The proposed development is compalible with adjacent land u~eg in general. Specific development standards and limitations on uses have been provided in Section IV General Development Requirements to ens~u'e compatibility with existing non-industrial type uses located along Donna Street east of the project. The current PUD came about because it was deemed cor~ist_eCt, with the criteria for additional industrial under criteria-, whi!e the amendment is fu~er consi~'tent wiflt provisions ofthe F. LU.E. relative to transilkq_n, al conlroercia,! uses. 2.1 2.2 2.3 SECTION Il PROPER'I'Y OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE PROPERTY OWNERSHIP The subject property is currently owned by: Earl L. Frye and Shirley A. Frye. LEGAL DF3CRIPTION 'llae subject property is described in Attached "B" S__HOP, T TrlZE This ordinance shall be known and cited as lhe "Radio Square Planned Unit Development Ordinance". 128 2 2 SECTION m STATEMENT OF 12qTF2qT AND PROJECT DESCRIPTION 3.1 3.2 INTRODUC'I1ON It is the developer's intent to establish a Planned Unit .Development. The purpose of this document is to set forth flexible guidelines for the future development ofth¢ project that meet accepted planning principles and practices and to implement the Growth Management Plan. PROJECT DESCRI. P'I1ON 3.3 It is the developer's intent to establish a Planned Unit Development for a Business Pack. This Business Park will bt a campus style arrangement of buildings, cohesive and aesthetically pleasing, containing a number of separate office, light manufacturing, wholesale, and warehousing, and open space integration. This project is, by design, to be compatible with the adjacent land uses. 'Ibis goal is achieved through the internal road network which is orierazd away from abutting residential property, placement of water management features along the e~'tem edge ofthe development, and through extensive use ofbuffera. GENERAL ho Regulations for Development of Raffle Square shall be in accordance with the contents ofthis document, PUD-Planned Unit Development District and other applicable sections and partz of the Collier County ~ .Land Development Code and other applicable regulations in effect at the time of building permit application. Should these regulations fail to provide developmental standard, then the provisions of the moat similar district in the County Zoning-Ordinmo* I.and Development Code shall apply. Unless otherwise noted, the definitions of all terms be the same as the definitions set forth in Collier County goningqg)rd~ !.,and Developnlent Code in effect at the time ofbuilding permit application. Co All conditions imposed and all graphic mmedal presented depicting restrictions for the development of Radio Square shall become part of the regulations which govern Itle nmnner in which this site may be developed. 3.4 3.5 Lfnot specifically set lbrth or provided for in this ordinance, then provision~ of the Collier County 7~niv, g h.a:,.,, ,,,,,-,,,. ..... -,,-.,-,°~ ~ ,,.,"~ amy"vd, od; Land Development. Code shall apply. SITE C'~DE, AINACaE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Codes and Ordinances and the standards and commitmems of this document at the time of constns~ on plans approval. EASEMENTS FOR U'I'[LFI]F_.S Ea.'~ements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easement.% dedications or other instruments shall be granted to insure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are request, ecL 3.6 AMENDMENTS TO TI-LIS ORDINANCE 3.7 Amendments to this Ordinance and Master Plan shall be pursuant to Section 7=27-j 2.7.3.5 of the Collier Couaty ..... ~ ........ Land Development Code, as revised, at the time the amendment is requested. PROJECT PLAN APPROVAL RE©UIRFaMENTS Prior to the recording of the Record Plat, when required by the Sa.~divigion -R~gulation~ Ordinanc~ Land Develop..ment Code, final plans of the required improvements shall receive the approval of all appropri,'ex Collier County governmental agencies to insure compliance with the RUD Mas~er Plan, the Cotmty S,abdi;'ision-R~guia~n~- Land Development Code and the platting laws ofthe State of Floricia. Attachment "A," PUD Master Plax, congtituteg the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Subdivision Master Plan shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the gubdivi~ie.n P,~ulalioa~ Collier County Land D~velo_p~ent Cocle, 'l]~c provisions of Socfion40:.-5 Division 3.3 of the Zoning Ordiaanco Land 2 _D~ye__10p._~.n_cj]t._C_~9.d..e_ ~hall apply to tile development of ail planed tt-acts, or parcels ofland, as provided in said ~,~,--t0-.-3 Division. 3._~ prior to thc issuance of'a building permit or other development order. The area illustrated as a detention az'ca on Attachment "A" shall be constructed as a lake and it shall conform with the requirements of(~dinan~ Division 3.5 of the J.and Development Code. However, pans thereof may be constructed as shallow depressions for wal,cr retention purposes as long as they meet the minim,,,n requirements fi~r wet and dry retention areas in accordance with South Florida Water Management Distcict criteria. Such areas, the lake and shallow depressions shall be in the san~e general configuration and contain the same general acreage as shown by Attachment "A." In addition to the various areas and specific items shown in Attachment "A," easements, as necessary (utility, private, semi-public, etc.), s 'hall be established within, or along, the various tracts. 3.8 SUNS[fY AND MONTI'ORING PROVISIONS Radio Square PUD shall be required to abide by any provi~ion~ in the ~ Land Development Code pertaining to sunsetting and monitoring as ~hedut~l-fo~ 'a&~1~ion4mtt~Catt-o~t99-1- p__rovjd~: ,d by Section 2.7.3.4 and ;L7.3.6 ofthe Land SECTION IV GI~ERAL DEVF£OPMENT REQUIRF~IENTS 12B 4. I PURPOSE The purpose ofthi~ section is to delineate thc development regulations that accompany the PUD Master Plan. 4.2 GENERAL Where development standards are not specifically provided for in this document, applicable standm'ds of the Collier County 7~iagOvdiaa~c-~ Land Development Code -,-hail apply. 4.3 LAND USE ~sr.~ AND pRO~ItASINQ PARCEL USE.'-; Tract I Office usc only Tract 2-I 0 Commerce and mimed business park uaes Tra~t 11 Detentio~open space only There are ten t~a~ts of land placed for development within this PUD. The full range of office uses will be permit~d on Tra~ 1. Tracls 2 tol0 will be limited to industrial uses, office uses, fi-aten-nal lodges, warehouse distribtaion facilities, including other land uses which are non-retail in character. On Tract 1, a maximum floor area ratio of.35 for office uses is permit~d in accordance with the provizion.s set forth in 8e~ion IV, Subsection 4.4 of this PUD document. Tcacts 2 to 10 will allow a maximum floor ~,-ea ~tio o[45 for all uses. Property is projected to be developed over a t=n-year period or as market conditions dictate. 4.4 USF__3 PERM ITYED No building or structure, or pact thcreo~ shall be erected, altered or used, or land used, in whole or part. for other than the following: 2 A. Principal Use~ 12B 1. Cocpor~at¢ he'adquartcrs; 2. Assembling, packaging, and fabricatLag opca'ations only within fully enclosed 3. Financial institutions; 4. Laboratories; light manufacturing and product assembly, only within fully enclosed structares; 5. Technological research offices; of]ice supply business;es; 6. Medical laboratories, clinic-% treal, mera fm:ilitieg, and research and rehabilitative centers; 7. Printing, lithographing, and publishing; 8. Warehousing, wholesaling, storage, and di:,'wibution facilities, including comparuble uses, only within fully enclosed stnmtm-rs; 9. Busine,ss and professional offices; banks; financial institutions; 10. Medical laboratories; medical clinics; medical offices for immmm; 11. Real estme offices; resem'ch design and development activities: 12. Transportation, commtmicazion and utility offices; 13. Child cave cement; 14. Fraternal Org'~,mizatioas- Their custo~n~. ~ functio..ns., including on-premise prey_ station ,and consumption qffoock al cobol i c beverages~q.d recreati on_a! activiti Accessory Uses 1. Service csxablishmenls catering to commerce and industries; 2. Recreational centers, child care centers, and res'tare-ants available for use by employees of business loc=ted withia the p¢'rmitted or accessory use buildings ofthis PUD; 7 2 12B Z (7. Retail sales and/or display ax'em; a~ accessory to the principal tree, not to exceed any area greater than 10% of the gross floor area of the permitted principal use; tkny other commercial use or professional service which is comparable in nature with the foregoing uses and which the County-M~ ?lannLr~g ~ervice__ ~Directox, or his designee, determines to be comparable to and compatible with foregoing uses. Dcvclolzment' d~~ 1. Minimum Se~ack Re_kLq~rements fr_onLPr__o ep_LO~Li~nes _and B3~__u-n3J.ari a. Except tirol Setbacks for Tract Z-and 3 shall be Measured from the inside Edge of the Landscape Buffer. b. Front Yard - Twenty-five (25) feet. c. Side Yard - T~m (10) feet, except that no side yard shill be less than fit~y (50) feet from any. abutting residentially zoned lot. & Rear Yard - Fifteen (15) feet, except that no mw yard shall be less than fifty. (50) feet from any abutting residentially zoned lot. lx~t Size Re.ct.girement a. Minimum lot width - One hundred (100) feet. b. Minimum lot size - 10,000 sq. fL Min'marm Floor Area One thousand (1,000) square feet Off-street Parki~-nt~-' As required by the Collier County Zoning ~,Ovdinanoo l:atl3~)evelopmetlt- C_od._~e. Two stocies or twenty-five (25) f~et, however, 'l't'~t.~ 3, ~$, 6_~7 and 8 are pe~xniaed two stories or thirty-five (35) feet. D__i st an ¢ e__B etw e e~n. Strucm..m_.~ None, or if provided, fifteen (15) feet or one-half(I/2) the aura of the heights, whichever is grealer. A twenty-five (25) foot buff'or shall be required along the entire eastern edge of the project in accordance with the ~andards ofhh¢ Collier County Zonin~diveano~ Land Development Code. The landscape buffer along the eastern edge of the project shall be planed prior to the issuance of arty certificates of occupancy for structures and shall bo a size and type which will issue meeting and eighty (80) percent opacity and m~ _~re height of six (6) feet within twelve (12) months of thc date first plantcc[ 12B 8. Signage As required by the Collier County SigrvOc4i~ Land Developmen.t. Code. 9. 9utsid¢ Storage Repair No outside stor~g¢ or repair ofproduc~ shall be allowed on any tracts. 10. Loading_ and Unloadi~ 11. No loading and unloading to the rear of the building abuaing residential uses along the eastern property line. Loading and unloading shall not occur before 7:00 a. nz or after 7:00p.m. Loading and unloading will only be permitted from trucks onto the loading platforms within ~nclosed strucl~es. Ail warehotmo, wholesaling, ~tora~e, and dimribution facilities shall bo subject to ali applicable Collier County Noise Regulations. 12. Water ManagemerrdI)etention Area as B~dTer, 'Fine principal water management/detention area ia required to bo located along the eastern edge of thc project to creat~ a grealea' ~eparation between planned u~es on thi~ site and residential uses to the east of this Planned Unit Development. 13. Master Association A roamer association shall bo established for tho purpose of maintaining · ali landscaped areas, thc water management system and other common 9 12B 2 open -~paces areas to insure healthy plant material, that is free of trash, debris, or any other unsightly conditions. 14. gi~ting No glare from ligl-~ shall be permiued beyond the boundary of the property and all lights shall be shielded and oriented towards the building to minimize impact~ oa adjoining properties. The intensity of light shall be limited to a maximum of.-0¢, one (1) foot-candles. 15. Construction Vehicles Construction vehicles shall be parked as far away from Donna Street as is practical during the course of construction. 16. Burglar Alarms Burglar alarms shall be placed only along the west aide of the building and shall be properly maintained at ali times. 17. Architectu/-al Standards Should metal buildings be erected on Tr'a6~ 2, 5, 9 and 10, they shall be covered with a brick, stucco or similar type offacade on both the north, south and e;~st sides, wi',.~, a.~..,~ ex~_qA-'~',,.~c'r.,,~. .... 2 ..,.~,,a':~' ghatt-hav~-a far.,ad~placed ~ '~ .... ~- .... a ~..a..:.~. for th purpos ofenh cing ¢ompalibility with residential properties in the vicinity of the property. Trm:t 3 shall have a facade placed only on the north side m'~ .............. j. No such restrictions ~hall apply to Tracts 4,6.7, or $. D. Developmentzd St~.4,.ar, ~ -Tract 1. Setback Re_ql/_iremcnts Front Yard - Fifty (50) feet fi.om the inside edge of the landscape buffer. b. Side Yard - Twetay (20) feet c. Rear Yard - Twenty (20) feet 2. Lot Size Requirements 10 12B a. Minimum Lot Width - 100 feet b. Mininuma Lot Size - Ten thousand (I0,000) square feet. 3. Minimum Floor One thousand (1,000) square feet 4. Maximum Height Twenty-five (25) feet. 5. Distance Between Structures None, or ifseparateck fW~en (15) feet or one-I~f(l/2) the sum ofthe height~, whichever is grealer. 6. OffStreet Parking As required by the Collier County .....~, .... ~, ..... Land Development Code. 7. S_ignage As required by the Collier County g~c)r4~av, c~ Land Development Code. In addition, no wall signs shall be permitted to front onto Donna Street and free-standing signs shall only be permitted on the west side of the proposed office building. 8. Landscaping As required by fig Collier Couaty Z~'r,L-4, Or, d:,n~-,.~e La4ad Dew'lopment Code so as to izuma-e a six (6) foot high buffer with 80 percent opacity within twelve (12) months ofthe date first planted. In addition, a mmm'e landscape buffer of twenty (20) feet in height shall be installed along the eastern edge ofthe office building to fiwther screen the buildings from adjoining properties. 9. Architectural Cotgrols The oflqce building will not contain the excessive use of glass. Colom and textures will be compatible with resid,,-~ntial ~a-ucxures and the roof shall be ora hip and gable type so as to take on the character ora residential 11 10. 12B ~tructm-e. Air conditioning units for Tract 1 shall be located away from residential su-u~uces. Li_v_Jating No glare from lights ghall be permittod b~yond tho boundary of tho property and ali lights shall be shielded and oriented towards the building to minimize impacts on adjoining properties. The intensity of light shall be limited to a maximum of.-0~ one (1) foot-candles. 12 SECTION V ENVIRONMEqqTAL STANDARDS 12B 5.1 [_' u___~_ '_(.)8 purpose of this section is b.~ set forth the stipulation established by the }'haviromncntal Advisory Goun~it-Board. Petitioner shall be subject to Ovtfimm, c¢ ~-- o-~ -~ ........... u.~ ~. tx..~:.. 89-S7 I)ivision 2.4 of the Land Development Code (use ofnalive species in landscaping). B. Petitioner shall be subject to Ovdittmtqa:~o~C2--3~a:~ CY, dinan~ 89-53 Division 3.9 ofthe l..and DeveLopment Code (removal of exotic species). Do Pctitioner'shali be subject to the Collier County Comprehensive Plan Policy 12.1.3 contained in the Conservation and Comsaal Management Element (discovery of aa archaeological or historical site, artifact or other indicator of preservation). Petitioner shall obtain and submit documentation of all necessary local, state, and federal permits. The applicant shall be subject to all environmental ordinances in effect ar the same time of development order approvals. Tho applicant shall retain existing native vegetation within all proposed buffers. Retention shall include all three strata. qbe applicant shall retain all native vegetmion ouI~ide the lake boundary, on Tntct 11, unless the configuration of the water management system within Tract 11 cannot accommodme the retention of native vegetation in specific 13 6.1 SECTION VI TRANSPORTATION REQUIREMF2qT'3 12B 'Flit: purpose ofthis section is to set forth the Transportation commitments of the Project Developer. 1. The developer shall provide arterial level street lighting at the project enmance prior to fl~e issuance cluny certificme ofoccup_an__~. The road impact fee shall be as set forth in Ordin,'m~e 85 55 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Cormnissioners. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued, and shall not be subject to impact fee credits. 4_. ~. Access to the project shall be restricted to right turn-in/right turn-out. SECTION VII ISI2LFI2~5 ILEQUIREMIiNTS 12B 2 7.1 ho PURPOSE The purpose of this section is to set forth the ensineering and milities requiremenl~ which ,are required of'his project developer. E_.ngi. t3 ¢ c__r i_ng: l),:tailed paving, grading, site ch-ainage, and utility plans shall be submitted to Project Review Services lbr review. No construction permits shall be issued unless and until approval of the proposed con~a-uction in accordance with the submitl~zd plans is grm~ted by Project Review Services. Dzsi,o~ and construction of all improvement.s shall be subject to compliance with the approprime provisions of the Collier.County 8~mJividon-R~>guiatior,,,~ Land Development Code. The project shall be platted in a~cordance with ~ the ofthe Collier .... i~4~m4~deli~ Land Development Code to define the right-of= County e,.~.~:.,' ' · way and h--~ as shown on the PUD Master Plan. The developer a~d ~ successors in interest are ~,,,~, ~--,.-,.v-,-,,-'~' ...... r,,,,,,.-,.--':': ..... ~ ,-. ,~ h~by-ptmaed ~i~ natic-~4t~t-shall-~ required to satis~, the requiremenls of all County ordinances or codes in effect prior to or conc~ with any subsequent development order relating to this site. This includes, but is not limited to, Subdivision Master Plans, Site Developm. ent Plags, and any other application thru will result in the issuance ora final or final local development order. 'll~e 10 fL landscape buffer along the northern property linc shall be in separate planed tract (not within a fight-of-way) or within the platted lou thai direr'dy backup to an off-site County right-of-way, provided the buffer is not located within any utility or drainage casement. All landscape buffers required by the ~tmio~ Land Development Code must be designed, bonded, permiued, and ¢on.vlructed as part of the subdivision improvements for the project. 15 I. [t_i [i t_i ._,Ls: Scw;~c col l¢ction, .~cwage transportation, and inlerim sewage treaunera. facilities lo serve the project are to be designed, construct,d, conveyed, owned, :md mainta/ned in accordance with Collier County Ordinance No. 88-76, as mncndcd, mid other applicable County rules and regulations, a.s applicable. All customers cmmecting to the sewage collection l~acilitie,: to be constructed will bc custom.~rs et'thc County mid will bc billed by the County in accordance with thc (:ous~ty's established rates. Should thc County not be in position to provide sewer services to the project, thc sewer customers shall be customers o£ thc interim utility established to serve the project tmtil thc County's oil-site I~ilitics arc av:filablc to se~c the projccL P,'ior to construction plans and plat approval, a letter from thc City of Naplcs Water District staling that hh~ district has reviewed and approved ll~c water [~ilitics construction documents for service to the project shall be submitled. 'll~c utilities construction documents for thc project's sewage system shall bc prepared so that all sewage flowing to the County's master pmnp station is transmiucd by one (1) main on-site pump station. Due to the design and configuration ofthe master pump station, flow by gravity into the station will not be possible. 'll~e Developer's [~gineer shall m~¢t with County slaffprior to conuncncing preparation of construction drawings, so that all aspects ortho scw~c system design c~ be coordinated with the County's sewer master pimp. qt~c c×isting off-site sewage transmission facilities of the district nmst be evalualed for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide '.adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. :';ewer linc on-site will b: privately owned mid maintained. Homeowners Association document must be provided with the final site plan and provide for the property ownership and maintenance. 16 SECTION VIH WATER MANA~a'T REQ~EN~ g.l pURPOSE The pu~os~ of~is s~ctioa is t~ set forth thc ~pulatioas established by th~ Water Manag~rn~ut Adviso~ Board, '~,fich shall be r~quir~d of~¢ project dcwlop~-. Detailed paving, grading, amd sito dcaina~ plans shall bo submitted to tho Project Review Services for review. No constraction permits shall be issued unless and until approval of 0ac proposed construction in accordance with thc submitted plans is gl-e~tcd by thc Project Review Services. Design and constm~on of ali improvements shall be subject to compliance with the appropriate provisions of the Collier County l~nd Developmer~ Coqle. A.n '~cavation Permit will be required for the proposed wet retention area in a~c0rd~cc with ~.~1~:~ c~-~, t-x..a: .... XT~ O0 ~ ......... ., ........... Division 3.5 ofthe Land Deve[opmetlt Co.de and 8FWMD rules. 4. Landscaping shall not b¢ pla~ed within tho wat~ management ar~a$ unless specifically approwd by Project Roview Services. Prier '.e '&: ..~:-.'3:~2 ~ t~.mma¥~m~, Eetifioner shall provide m analyuis of thc aAcquacy of thc existing downstream swalc off-sim. If thc swale does not have adequate capacity to handle thc runo~ improvements shall be made to m,~c thc ~c la.Mortal. If the Corps of Falgineer~ claims part of thc detemion area as wetlands, thc petition~ shall obtain a South Florida Water Management District l~,mit or early work permit prior to construction plans approval. However, ifl3outh Florida Water Management District determines thata wetland does not exist, pm:ni Collier Coum'y will issue thc surfaco water t. xxT_. ...... 17 SECTION IX SUBDMSION Ir. XCEPTIONS 12B 9.1 PURPOSE 'Ibc pur]'~ose of this section is to list approved subdivision exceptions. ~';ubdivisi~uaR~gu 'hu. k~eo, r-Asn, i~to-X, So¢tio~-t-9 Division 3,2. Section 3,1.8.3.19 - Su'ect Names, Markem, ,and Tratfic Control 1)trices: Waive the requirements lbr su'cct nrm]c m~u-kcrs, but traffic control devices ,shall meet the [I.S.D.O.T.F. It.W.A.M.U.T.C.D. Also, waive the requinzm~nts for ~tr~et pavement painting, striping, and reflecting edges provided roads have a valley gutter section. /~bdivisit,~ Regutatitms, Pmioto-Xtw~;tion 17F Division 3,2, Sectiqrl · :.¢.8._4_,!5.5 - Street Right-Of-Way Width: Waived to a minimum of 60 50 foot width per PSP 97-1. , ~ut~h ¥~s,uM~.~gu -lat~tms, ,"at4cl e._,¥g~,-,-: ;,~ ~.....,,, ~,,, Division 3.2, Section 3.2.8.4.16.6 - Curb Radii: Waived to a minimum 30 foot radius internally and a minimum 40 foot radius externally. ,"h.~ivishuvR,~gutaiion~, ,aan.~i~,,n. 21 Division 3.2, Section 3.2.8.3.24 - lltility Casings: Waived subject to installation ofutilities prior to construction ofpavcn~ent ;md base. ,%bdivision~egutatiorm, ,namic~to--Xt. rgo~ion I0 DivisioiL3.g. Section 3.2.8.3.11 - Monuments: Waived the requirements for reference markers to be placed in wmer valve covers, subject to monuments installed in accordance with Florida Administrative Code Rule 21-HH-6. 6. ,Subdivisitu~-Rogutati~n::,,^--,:~'~, ,,,,,,, ,,,v S,~c, tion--t6 Division 3.2. Section 3.2.8.3.17 - Sidewalks: Waived. Per PSP 97-I. 18 ATTACHMENT "B" 2 PROPERTY DESCRIYTION ~lhe Northeast 'A of tho Northeast IA oflhe No~'theast 'A of Section 1, Towmahip 50 South, Range 25 -East, Collier County, Florida, less the Northerly 50.00 feet thereof. 12B 2 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. 97-42 Which was adopted by the Board of County Commissioners on the 9th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1997. '. DWIGHT E. BROCK . Clerk of Courts and Cle]:k~\%t-10~'~ Ex-officio to Board of~ ...... . $ County Commissioners ~, ." ..'~;~'.i-.~' '. '~ By: /s/ Susan Barbi'r'e-~ti'. ,:: .,.~ .. - Deputy Clerk'~'~ ' :" ~':'~ ':."~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following ns a: X Normal ~ Advertisemcnt ["] Other: (Display Adv., location, etc.) Originating Dept/Div: Revenue Services Department/Support Services Division Per,on: Tere~ A. Rie~en Date: August 4, 1997 Petition No. (If none, give brief description): Petitioner:. 0~iame & Address): Name & Addre~n of any person(s) to bc notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing l0 days before hearing. September 9, 1997 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description &cornmon location & Size: A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED Companion petition(s), if any & proposed h~aring date: Doe~ Petition Fee include advcnbing cost? [-] Yes No IfYes, what account should be charged for advertising co~t~: 510-102030 List Attachmen/ ~/~/~( .~ Approved by: Date Ceuaty Mana~ DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved! be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute cop..: __T____'--/', _ B. Oth~h~arings: Initisling Division head to ~prove ~nd submit original to Clerk's Offic~ rcuttning · copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: D~te of Public hc~tring: Ds~ Advcrdsed: ~ ID: {941) "/'74-84,06 NO. DATE ST. T I ME TOTAL T I ME I~BBR I ! D STnTUS .P551 D~PT CODE CO~. CODE ~? ~ oe 1S:{~8 0~01'5a ! 92634864 OK Z:~ B8-{~8 16:13 {~01'51 I 92634864 OK ~ ~iA ~9 ~ 16:~ ~01'~ I ~ ~ 3 ~~16 TOT~ ~ 9 Augus~ 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Assessment Roll for Solid Waste District No. 1 Dear Judi: Please advertise the above referenced notice one time on Friday, August 29, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 508-102020-649100 (Dept. of Revenue) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 9, 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 approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance No. 90-30, as ~mended. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedinqs is made, which record includes the testimony and evidence upon w~ich the appeal is to be based. BOARD OF COUNTY COF24ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) RESOLUTION NO. 97 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO, I MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES VV]THIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Un~s in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and # Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Flodda Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public headng was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Flodda, commencing at 9:00 a.m. on September 9, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 SE(~TIQN ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 1997/98 is $107.96 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION 'tWO, Such assessments are hereby found and determined to be levied in direct proportion to the special and pos~Jve benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: 2 12C LEGAL FOR DISTRICT ONE. Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico: thence East along said l.ee-Collier County line to the northoast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East. Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20. Township 48 South. Range 27 East to the southeast corner of Section 20; thence north along the east line of Scctions 20. 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south linc of Sections 4, 3.2 and I of Township 48 South, Range 27 East to the southeast corner of Section I, Township 48 South, Range 27 East; thence north along the east line of Section I, Township 48 South, Range 27 East; thence north along the east line of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24. Township 4? South, Rnnge 2? East; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South. Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South. Range 28 East and continuing southerly along the west line of Sections 3, 10. 15. 22, 27 and 34. Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34. Township 49 South. Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the ccnterline of Alligator Alley (I-75); thence continuing easterly along the centerline of Alligator Alley (I.75) to the northeast corner of Section 4. Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 3 ! East; thence southerly along the East section Li1~e of Sections 4, 9, 16. 21. 28 and 33, Township 51 South. Range 31 East; thence southerl)' along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe county line; thence westerly along the said cou~ty Hue to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 2[5 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, aa amended. SECTION THREE, Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. I Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. 120 ~ECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption o1' this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resol-tion of the same nature and to the same extent as the lien for general county taxes failing due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit 'A', in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exh~it 'A' sha~l be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this ~ day of ,1997, after motion, second and majority vote. AT-rEST: DW1GHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN f~ples Daily Na~m N~ptes, FL 33940 Affidavit of Publication Naples Daily lqe~s 12C-3, BOARD OF COUNTY COe~I~ZS$10~ERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL ~4101-~016 REFERENCE: 001210 5081020206491 57554299 NOTICE OF PUBLIC HEA State of Florida County of Col[ter Before the undersigned mJthortty, personalty eps)eared Angels Bryant, who on oath says that she serves ss ABefitant Secretary of the ~Jtes Daily Ne~s, a daily newspaper ~tt~hed at I~mples, in ~l[ter Co~ty, Florida: that the attached copy of the advertising was published in said Affiant further s~ys that the said Naples Daily I~ is m ne~sl:eper published at Napt~-~, in smtd Collier Count¥~ FLorida, mr~J that the said nc, asp~per has heretofore be~t~ co~tinuouaty pub~t~ in said Collier C~ty, Florida, e~ch dan/end has been entered as ~ecor~ clams mail mmtter at the post office in Na~Le~, in maid Collier County, FLorida, for · period of 1 year next preceding the first publication of the attached copy of mclvertisemeflt; mod efftmlt further says that she has r~etther peld nor promised my ~r~, firm or ~ratt~ my di$~t, r~te, mission or raf~ for the ~e of securing this edvertisemt for ~ltcatt~ in the said newsier. ~I~ED Om4:0~/29 AD SPACE: 67.000 INCH FILED 0~: 08/29/97 Sworn to and Subscribed before me this (~ day of ~, 2224914 OR: 2345 PG: 3329 7240 RESOLUTIOH HO. 97-~2 711 C0PII$ 12C A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of u[ilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Build!rig, 330'1 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 9, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the written objections of the properly owners and other interested persons appearing before the Board as to ths propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. I Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste Distdct No. 1 Municipal Service Benefit Unit for FY 1997/98 is $107.96 per Residential Unit and in subsequent years shall not exceed $130.00 por Residential Unit. The total assessments against the benefited propedies are described and set fodh in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: O 0 12C LEGAL FOR DISTRICT ONE. Beginning at the intersection of the North line of Section 6, Township ,t8 South. Range 25 East also known ss the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South. Range 26 East: thence South along the easterly line of Range 213 East, Township 48 South to thc southeast corner of Section 24, Township 48 South, Range 26 East; thence east along thc south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south line of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Section 1, Township ,18 South, Range 27 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east line of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South. Range 27 East; thence easterly along the south line o[' Sections I9, 20 and 21, Township 47 South, Range 28 East to the southeast corner ot' Section 21, Township 47 South, Range 28 East; thence southerly along thc west line of Sections 27 and 34, Township ,17 South, Range 28 East and continuing southerly along the west line of Sections 3, 10. 15, 22, 27 and 3,1, Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28 East to the southeast corner of Section 3,1; thence easterly along the south line of Sections 34, 35 and 313, Township 49 South, Range 28 East: thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-75); thence continuing easterly along the centerline of Alligator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East: thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe cmmty line; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico: thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, tho adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this yzz-/~ day of~,~.¢, 1997, after motion, second and majority vote. ,,~.,..'; 3 ~ ~; ~,' ~,/ .": ATTEST: ~ ~ ;' i'DW1GHT E. BI~OCK, CLERK :.... !:,' f' .~...~ . Approved as to form and legal sufficiency: D~id C. 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I~§§~ooooo~oooo~oo~o~o 0oo0o0o0~~00~o00 O0oo0000000~o0000000000OO0000000000000000000oO000000000~ ~ 0 0 00~0~ ~ ~0 0 ~0~0~000~ O0 00~o OOO~O00~o0oOo00Oooc '000~0~0~0000000~00o00000~0~ 00o¢ ~OOO0OO~Oo~ :~o OOC, OOC~OO~ ~ ~mo~ooc 000000000000~ fl II · / e NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 9, 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 approving the preliminary assessment roll as the final assessment roll and adopting ~ame as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance No. 90-30, as amended. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) RESOLUTION NO. 97-__ A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROM. AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION lg7.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE RO. 90-30. AS AMENDED WHEREAS, the Board of County Commissioners of Coll'mr County, Florida. (hereinalter referred to as COUNTY), adopted Collier County Ordinance No. 90-30. as amended, creating two (2) Municipal Sewice Benefit Units in the unincorporated area of Coll'mr County for the purpose of providing and regtdafing SoFKJ Waste Collection and Disposal Services; and WHEREAS. the County intends to finance the Sor~ Waste Collection and Disposal Ser~ces through the levy of special assessments (no,-ad valorem assessments) against residential units as defined in ColTms' County Ordinance No. 90-30, as amended, that are beneffied by Itm m31id waste collection and disposal services. Said properties are located within the boundaries of SoFKI Waste District No. 2 Municipal Service Benefit Unlt as described herein and in Colrmr County Ordinance No. 90-30. as amended; and WHEREAS, Section lg7.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem asse~4'nant roll for purpose~ of WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building. 3301 East Tamiami Trail. Naples. Florida. commencing at 9:00 a.m. on September 9. 1997. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ The Board. having met to receive and consider ~ written ob~ctions of the property owners and other interested persons appearing the sorK! Waste District No. 2 Municipal Sewice Benefit Unit Prelkninary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benef'd,~l and as to the eq;ar~on of such assessments on a basis of justice and rfght, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the ~rcial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the SoFKI Waste District No. 2 Municipal Service Benefit Unit final assessment roll (nomad valorem assessment mil] for the purpose of using the uniform method of collection. The total special assessments for the sorKI waste collection and disposal services for SoFKJ Waste District No. 2 Municipal Service Benefit Unit for FY 1997/98 is $110.52 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assassrrmnts against the benefited properlfes are described and set forffi in the preliminary assessment mil (nomad valorem assessment roll) on file wt~ Clerk to the Board, Minutes and Records and incorporated herein as Exh~it 'A'. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment Minutes and Records, and subsequent years shall be on file with the Clerk to the Board. Minutes and Records by September 1" of each subsequent year. ~ Such assessments are hereby found and determined to be levied in direct proportion to the apectal and po~ithm benefits to be recetved by ttm properties listed in the preliminary ~ roll (nom~ valorem assessment mil) on file with Clerk to the Board, Minutes and Records and are located within the Ser~l Waste District No. 2 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT TWO ~e~inning at the northwest corner of Township 47 South, Range 2'/East, Collier County', Florida; thence eaat along the Collier- Lee county' line also the township line to the northeast corner of Township 47 South. Range 2T East; thence north along the Collier. Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier- Hendry county line also the township line for Townships '45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Colller. Hendt7 county line also the range line of Rangea 30 and 31 East to the southeast corner of Township 49 South. Range 30 East; thence west along the township line for Townships 49 nnd 50 South to the southwest comer to Section 34, Township 49 South, Range 28 East; thence north along the sect. ion lines to the northwest corner of Section 27, Township 4? South, Range 28 East: thence west along the section lines to the southeast corner of Section 24, Transship 4? South, Range 27 East; thence south along the range line for Ranges 2? and 28 East to the southeast comer of Section 1, Township 48 South, Range 2'/East; theme west along the sections lines to the southeast comer of Soction 5, Township 48 South. Range 2'/East; thence south along the ~-tion lines to the southeast corner of Section 20, Township 48 Seuth, Range 27 East; thence west along the section lines to the southwest comer of Section 19, Township 48 South, Range 27 East; thence north sdong the rnnge lines for Ranges 26 end 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of]Beginning. ~ Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for SOI'KI Waste C~ '"nd Disposal ~ within ~ Waste Dist~tc~ No. 2 Municipal Se~v4ce Bene~t Unit shall be collected pursuant to Section 197.3632, Flodda Statutes, or any successor statutes authorizing the collec~on of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. ~GX:]~:LE_Q_~ The assessments shaft be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered ns waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a couff of competent jurisdic6on to lecure relief within twenty (20) dnyl from the adoptio~ of thl~ Resolution. ;o assessed from the date af confl~ma'Jon of thi~ Resolutio~ of the same nature and to the same extm~ as the lien for general county taxe~ failing due in the same year o~ years in which such nssessrner~s fall due, and any assessment not paid when due shall be colleot~d pursuant to Chapter 197, I~o~da 8tatt.'tes, ~n the same rnanr~' as property taxes are collected. ~ The Cleft< Is hereby directed to re<x:~d this Resolu~on, not including ttm attached Exhrott 'A', in the Of~dal Reoord$ of Goa'mt' Gounty. A on file in the office of the Clerk to the Board, Minutes and Records. ~ Thi~ Re~olutJon shall become effective immediately ATi'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COMJER COUNTY, FLORIDA 33MOTHY C. HANCOC~ CHNRMAN naptes I)stty ~ NipLe~ FL X~44) BOARD OF couicrY C:~HZSSZOKERS AT,X: NAHCY SN.OG~ PO BOX &1~16 NAPLES FL. REFERENCE: CX)IZ30 508'I g2C]206&9'1 57354~91 NOTZCE CNr PLmLZC HEA Stere ot' fLo~4cln cou~ ot' CoLtt~ Before the undersigned ~t~, ~tty Aff?~ fu~ ~ t~ h ~d ~L~ h?Ly ~tt~ tn Mid ~ttl~ ~, FL~t~, ~ FZLED oN: 08/29/97' 120-3 ' i,=,: 2224874 OR: 2345 PG: 3271 CLIll ?0 111 IOAID ItlCOIOID tl the OFFICIAL llCOIO! of COLLII! co1~rrY, FL IlffilOFFICi 411 fLOOI 01/12/17 at 01:10~ DJlIGHT I. BIOCI, CLIll I~ 72~0 RE$OLUTIOH NO, 9?- ~ tlc III ¢OPIIS 12C 4.00 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units In the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 9, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 1997/98 is $110.52 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit 'A". The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file wfth the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION Two, Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 2 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT TWO Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier. Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier. Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier. Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township line for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South. Range 28 East; thence north along the section lines to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section lines to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South. Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South. Range 27 East; thence south along the section lines to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section lines to the southwest corner of Section 19. Township 48 South, Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. ~ Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste Distdct No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Flodda Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of 12C competent jurisdiction to secure relief within ~wenty (20) days from the adoption of this Resolution. ~ All assessments shall constitute a lien upon the properly so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Flodda Statutes, in the same manner as property taxes are collected. ~ The Clerk is hereby directed to record this Resolution, not including the attached Exhibit 'A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit 'A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. ~ This Resolution shall become effective immediately upon its passage. This Resolution adopted this ~day ~, 1997, after motion, second and majority vote. 'App~&a ~o fo~ a~ legal s~cien~: Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIE~CO. 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Z : 5-.7.2 , ."q cJ 0 OOCO000000000wO0000000000000000000000~O0000000000000000~ ~ r'cD .-Ioo CCCCCCCCCCCCCCC(iCCCCCCCCCCCCC~CCCCCCCCCCCCCCCCCCCC~CCCC~CC · · t I · I · t · · I I I · I 0 2q:., 2- ms:l>. Z DO). nnnnnnnnnnnnnnnnnnnzzzzzz_zzz::z--zzzzzzzzzzzzzzzzzzzzzzzzz .~ .o · ZZZZ~ZZZZZ~ZZZZZZ~ZZZ~ nnnnnnnnn~nnnnnnnnnnnn · · · · ?-"CC"ST FCR L'iCAL AD'.~.RT:~e]::G OF PL~L:C Zo: C~erk to the ~o,r~: P:ease pt.ce the roll.tn, as a: ! 2C- 4 ~ ::or~-4ii Legs! Advert'-se~ent ~ Other: (Display Adv., location, etc,~- Or£~.nactng ~ept/Dtv: Public Works Person: Edward N. Fin re: 8/13/97 (Sign clearly) Pettcton ~o. (If none, g[ve brief descrtptton): Ed Ilschnerr Public Works Administrator Pecttt~er: (a~me & a~dress): 3301 East Tamiami Trail, Naples, Address 'of any persons(s) to be notified by CZerk's Office: leore spaee needed, attach separate sheet) Mearin~ before: ~ ~CC ~ ~Z.A ~Other · equeated hearing date: 9/9/97 Based on advertisement appearing ..lO days before hearln$. Ad to run on or before 8/29/97 ~e~spsper(s) to be used: (Complete only if important ~, ~ Naples Daily News : or legally required ~) ~:~ Other Proposed ~t: (Include lc~al description ~ common location & size): Aoorove and adopt an Ordinance to amend Ordinance No. 90-87, as amended, to exclude certain additional areas from the imposition of sewer impact fees. C~panion petition(s), if any, & proposed hearing date: Does Petition Fee Include A~verttstng Cost? Yes /-X-'7 No ~ If yes, vhat account should be charged for advertisin~ costs 408-210110 ~eviewe~ / . Date L~st ACtachments:(1)CoDy of Ordinance (2) (3) DIS~IB~ION INSTRU~IONS For hearings before ~CC er 5ZA: Initiating person to complete one copy and obtain Division Head approval before subm£t:lng to County .~:anager.~:;OT£: [f lets1 document ts lnvolved~ be sure that any necessary lees! review, or ten,est for same. is submitted to County Attorney before su~mltttn~ to County ::ana~e~. The Manager's Office w:ll distribute copies: ~ County Hanager agenda file; ~ Requesting Division; ~ Original to Clerk's Office : Other hesrtnss: Initiating Division Head to approve and submit original to Clerk's Office, retatntn~ · copy for fiIe. CLERK'S orr~c~ ~s£ Or~LY Date Date Date of~ P.M. 120 4. (9 4~/.) 'T74-84~0 6 NO. DATE ST. TIME TOTI::I_ TIME ~BBR ID STATUS ~ DISPT CODE ~.CODE 269 ~-~8 16:08 ~0' 01' 54 92634864 OK 268 08-08 16:13 00'81'51 92654864 OK 269 08-08 16:34 00" 01' 50 92654864 OK :3 068C~16' 2?0 08-08 16:4:3 000 01' 50 92634864 OK 3 271 08-11 13:15 00'02'01 92634864 OK 3 068C~14 2Y2 08-11 13:28 00' 01 ' 54 : 92634864 OK 3 0~11 2?:3 08-11 15:44 00~ 01' 24 813"7:32~300 OK 2 8F:~10 2'74 08-12 15:28 0~ 01'26 813'7:320_-~ OK 2 ~15 2'75 08-14 08: 5~ 0~' 82,' 08 941S~J",:'039:3 OK 3 06CC~10 2?6 08-14 14: 21 00' 03' 1:3 92634864 OK 5 068C~1A ~'/'? 08-18 10: 40 00' 02' 0:3 92634864 OK :3 ~15 ~ ~-18 10: ,Y~ B~' 02' 1G ~ OK 3 ........... __ TOTPi_ 12C 4 August 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Ordinance amending Ord. 90-87 Dear Judi: Please advertise the above referenced notice one time on Friday, August 29, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 408-210110-649100 (Public Works) NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 9, 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 A2fENDING COLLIER COUNTY ORDINANCE NO. 90-87, AS AMFlqDED, BY AMENDING APPENDIX C TO SAID ORDINANCE, TO EXCLUDE CERTAIN ADDITIONAL AREAS FROM THE IMPOSITION OF SEWER iMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS A~;D ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HA~;COCK, CHAIRM3%N DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) August 18, 1997 Ed Ilschner, Public Works Administrator Public Works Division 3301 East Tamiami Trail Naples, FL 34112 RE: Notice of Public Hearing to consider Ordinance amending Ordinance 90-87 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, August 29, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ORDINANCE NO. 97- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-87, AS AMENDED, BY AMENDING APPENDIX C TO SAID ORDINANCE, 'FO EXCLUDE CERTAIN ADDITIONAL AREAS FROM TIlE IMPOSITION OF SEWER IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on November 27, 1990 enacted Collier County Ordinance No. 90-87, establishing a Collier County Regional Sewer Systems Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners on November I0, 1992 enacted Collier County Ordinance No. 92-92, amending Appendix C to Collier County Ordinance No. 90-87 addressing excluded areas from the imposition of sewer impact fees; and WHEREAS, the Board of County Commissioners has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the Laws of the State of Florida, including but not limited to Chapters 125, 153 Part II, 163, and 380, Florida Statutes; Chapters 67-1246, 78489 and 88499, Laws of Florida; and Article VIII of the Constitution of the State of Florida; and WHEREAS, the Board of County Commissioners determines that it is in the best interests of the County to amend Appendix C of Collier County Ordinance No. 90-87, as amended, to exclude certain other areas of the County from the collection of sewer impact fees the County is not presently planning to provide sewer service to these areas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section One: Appendix C of Collier County Ordinance No. 90-87, as amended, is hereby amended to read as follows: APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES Lands within Collier County generally excluded from the definition of Sewer System Impact Development as defined in the Collier County Regional Sewer System Impact Fee Ordinance, Collier County Ordinance No. 90-87, as amended: A. Those areas lying within the Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes this area is not presently planned to be served by treatment capabilities of the Regional Sewer System. B. Those areas lying within the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the Regional Sewer System. C. Golden Gate Estates, Unit No. l, Plat Book 4, Page 73, Public Records of Collier County, Florida. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida. E. Golden Gate Estates, Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. G. Golden Gate Estates, Unit No. 26, Plat Book 7, Page 15, Public Records of Collier County, Florida. H. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 120 4 O. Golden Gate Estates, Unit No. 34. Plat Book 7, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Record~ of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Sewer System or any other centralized sewer utility. .................. '*t ....... 0:' ..~ ....................... t, ........... · ...... , ~: CLg,::TM T. Those areas lying within thc Pine Ridge Subdivision as included in Plat Book 3, Page 24, Public Records or' Collicr County, Florida. V. Florida. W. Florida. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida. Pine Ridge Subdivision, Plat Book 4, Page 29, Public Records of Collier County, Pine Ridge Extension, Plat Book 10, Page 86, Public Records of Collier County, 120 4 X. Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida. Exclusion of the platted areas in the Pine Ridge Subdivision recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Sewer System or any other centralized sewer utility. imposi~on ~r impast e ...... ,~. e~.,:.. 2,01 of .............................. Y. Those areas lying within the Marco Shores $'JLc~i;'is!on, Unit ], within Sections 26 and 27, Township 52 South, Range 26 East and recorded in Plat Book ]4, Page 34 of the PuNic Record~ of Collier Count,,', Florida. Exclusion of the Marco Shores Subdi;'is[on .Unit ], recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Sewer System. ................................................. .Z. Ridge Farms Subdivision {'not platted) - Begin at Southeast comer of Section Township 49 South, Range 26 East, Collier County, Florida; thence noFth 88 degrees 50 minute.; 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minule$ 20 seconds west alon~ the east line of SeC;on 6 a distance of 3044.40 feet to the east quarler comer; thence continuing noFth along said line, a distance of 428.84 feet; thence leaving said east lin, north 88 degrees 40 minutes 58 seconds west, a distance of 12§5.80 feet; thence south I degre,. 12C-4.' 10 minutes 35 seconds east ~ .3, feet. thenc south 0 de rees O0 minutes O0 seconds east a distance of 137.19 feet;, thence non. h 88 de~rees 41 minutes 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; thence south 0 degrees 00 minutes O0 seconds east along, said east line a distance of 3038.77 feet to the point of be~ described tract containing 371.460 acres_,_more or less. More enerall described as th se ~acent to or abuttin ~on Road and Daniels Road. AA. Areas North of Radio Road- located within Sect'mn 1 Tow-nshi 49 South Ran e 26 East Collier Count Florida more s cificallv described as those ~acent to or abutting.; San Marco Blvd~d Owen Lane and Famil Circle Lane. BB. Coconut Cr~ Bo k 1 Pa e 108 Public Rec rds of Collier Count ~lic Record of Collier Coun Florida' Coconut Creek it 3 Plat Book 3 Pa e 48 Public Record~ County, Florida; Westview Plaza, Plat Book 13, Page $0, Public Records o.f Collier County, Florida; more specifically described as those properties adjacent to or abutting; Lorraine Road, Kathy Street, Gail Blvd., Esther Street, Donna Road, Westview Drive, and North Road. CC. All of Section 8, Township 50 South, Range 26 East (excluding Falling Waters); Parts of Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township 50 South, Range 26 East; Part of Section 17, Township .50 South, Range 26 East; and Part of Section 7, Township 50 South, Range 26 East all of Collier County, Florida; more specifically described as those properties adjacent to or abutting: Heri!age Trail, Unity Way, Cope Lane, Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane, Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way, DD. Those areas lying within the Key Marco Community Development District. Exclusion of the Kev Marco Community Development District recognizes that this area is outside the Collier County Water-Sewer District. EE. All those areas lying within the Collier County Water and Wastewater Authority certificated areas of Florida Cities Water Company, and Florida Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their successors or assigns, located withir~ Words underlined are added; works ~ are deleted. ollier unt Florida. The onl exee fi ns to thi~ serv'c~ e within these certificated areas may exist when all--into a V, Titten a reement for sewer er¥ice. FF. Th.~ose areas I...___ocated within the it of Na I s ers4ce areas as desc'bed in the ctober 1977 it /Count A teem____ent and ~mentsthereto, .G.q2.~_rea ofCR951 and~sections that run west of the oilier Court Wate~~cri ed'~wnhi 49 outh Ran e26 EasVAllof ectionsl 11 14 23 6and T wnshi 50Sou~ an e26 st' Alof ecti n 2 Townshi 51 South Ran e26 .asr' Pa s fSections 1 I1 a d 12 Tow'nsh' 51 South ~artsofSections7 8 16 17 18 20 21 22 and27 Townshi 51 South Ran e 27 East all of Collier County Florida. HH~0 Pa e 95 Public Records ofC llier Coun~ Seasons Unit 2 accordin to Plat Book 12 Pa e 6 Public Records of Collier Co~ I ~ordin to Plat Book 13 Pa e 44 Public l~~call described as all inle famil lots ad_.4i~ent to or abuttin~ JJ. Tall Pines ac. cordin to Plat Book 12 Pa e 70 Public Record of Collier Court Florida. However all of the above exclusions are not absolute and lands lvin within the excluded areas which eithe_.__._r are re uired t r re t connectJ n t the Re i hal Sewer S stem or otherwise create a eros,ah necessitated demand to ex and the Re ional Sesver S stem shall be ~osition of ira act t: es under Section 2.01 ofthe Collier C un Re ional ewer ~rdinance in the same manner as if said lands were char'actefi ed as Sewer S stem lm act Develo ment. Section Two: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 6 Words ~ are added; works ~ are deleted. 12C 4 separate, distinct and independent provisio'n, and such holding shall not affect the validity of the remaining portion. Section Three. Inclusion in the Cod~ of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or reletlered to accomplish such, and the w~rd "ordinance" may be-changed to "section", "article", or any other appropriate word. Section Four. Effective Date. This Ordinance shall become effective upon filin~ this Ordinance 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 D. BROCK, Clerk BOARD OF COUNTy. C(SMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman Approved as to form and legal sufficiency: Assistant County Attdmey Words underlined are added; 7 works ~ are deleted. N~ptas Dst Ly K4pLes, FL 339~0 Affidavit of PubLtcattc~q I'- BOARD OF COUNTY COiqKISSIONERS ATTN: NANCY PO BOX )IAPLES FL REFEREMCE: OCr1~ ~0~21 O1106&9q 575~439~ NOTICE OF INTENT TO State of FLorida C(x~nty of Collier Before the t~derstgned a~rthortty, p~r~tty ~ar~ ~ela B~t, ~ ~ ~th ~s t~t she serves as Asstmt~t Secretm~ of t~ CoLLier C~ty, FLor~: t~t of t~ ~ertisi~ ~s ~Li~ ~n slid ~r ~ dmt~ Affimt furt~r ~m t~t t~ ~td ~t~ ~tty ~s ts a ~s~r ~Li~ mt ~t~, in ~id Collier C~ty~ FL~t~ ~ t~t ~ ~ ~s ~ ~ter~ as se~ class mit CoLLier ~, Ftort~, for · ~rt~ ~xt pr~t~ t~ first ~tt~tt~ atta~ ~ of ~rtt~t; ~ mfft~t furt~r ~s t~t ~ ~s ~tt~r dts~t, r~te, ~tsit~ ~ r~ for t~ ~se of ~rt~ this ~ert(m~t for Juctth A. Hanigan MY CO~S~ 1 0".,506787 E~PIRES Febn~ry ii. 2OO0 OO~O~O Ti, FlU TROY F ~ IN~,~.~4dC~. 1NC. 12C 4 ORDINANCE NO. 97- 43 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-87, AS AMENDED, BY AMENDING APPENDIX C TO SAID ORDINANCE, TO EXCLUDE CERTAIN ADDITIONAL AREAS FROM THE IMPOSITION OF SEWER IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on November 27, 1990 enacted Collier County Ordinance No. 90-87, establishing a Collier County Regional Sewer Systems Impact Fee Ordinance; and WIIEREAS, the Board of County Commissioners on November 10, 1992 enacted Collier County Ordinance No. 92-92, amending Appendix C to Collier County Ordinance No. 90-87 addressing excluded areas from the imposition of sewer impact fees; and WHEREAS, the Board of County Commissioners has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the Laws of the State of Florida, including but not limited to Chapters 125, 153 Part II, 163, and 380, Florida Statutes; Chapters 67-1246, 78489 and 88-499, Laws of Florida; and Article VIII of the Constitution of the State of Florida; and VOfEREAS, the Board of County Commissioners determines that it is in the best interests of the County to amend Appendix C of Collier County Ordinance No. 90-87, as amended, to exclude certain other areas of the County from the collection of sewer impact fees the County is not presently planning to provide sewer service to these areas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section One: Appendix C of Collier County Ordinance No. 90-87, as amended, is hereby amended to read as follows: 12C APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES Lands within Collier County generally excluded from the definition of Sewer System Impact Development as defined in the Collier County Regional Sewer System Impact Fee Ordinance, Collier County Ordinance No. 90-87, as amended: A. Those areas lying within the Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes this arcs is not presently planned to be served by treatment capabilities of the Regional Sewer System. B. Those areas lying within the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the Regional Sewer System. C. Golden Gate Estates, Unit No. l, Plat Book 4, Page 73, Public Records of Collier County, Florida. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida. E. Golden Gate Estates, Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. G. Golden Gate Estates, Unit No. 26. Plat Book 7, Page 15, Public Records of Collier County, Florida. H. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 12C # O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Sewer System or any other centralized sewer utility. Fe: Ordinar.:: in :he '".,~m.e manngr ~ if ~id !and: ':.'crc ch"~c:gfized as £e':.',,.r E;.',st:m ImF, a~t T. Those areas lying within the Pine Ridge Subdivision as included in Plat Book 3, Page 24, Public Records of Collier County, Florida. V. Florida. W. Florida. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida. Pine Ridge Subdivision, Plat Book 4, Page 29, Public Records of Collier County, Pine Ridge Extension, Plat Book 10, Page 86, Public Records of Collier County, 12C X. Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida. Exclusion of the platted areas in the Pine Ridge Subdivision recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Sewer System or any other centralized sewer utility. Fee Ordinance in t~: .w..-n: m~".':er ~ if z.a!d !and~ ;'.':re ehar:ete.dzed Development, Y. Those areas lying within the Marco Shores Scb~!;'i:ion, Unit 1, within Sections 26 and 27, Township 52 South, Range 26 East and recorded in Plat Book 14, Page 34 of the Public Record..; of Collier County, Florida. Exclusion of the Marco Shores Egbd[:'[z.!vn Unit l, recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Sewer System. whi:b, e!t~zr are required to er requezt :cnn~:!zn :o t~e P.~!en:! £:::':r £3'~"tzm, cr ~.:r.'~ Z. Ridge Farms Subdivision (not platted) - Begin at Southeas1 comer of Section 6, Townshio 49 South, Range 26 East, Collier County, Florida; thence north 88 dem'ees 50 minute:; 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minutes 20 sec,3nds west alonl~ the east line of Section 6 a distance of 3044.40 feet to the east quarter come,I thence continuing north along said line, a distance of 428.84 feet; thence leaving said east lin,; north 88 de!~rees 40 minutes 58 seconds west, a distance of 1285.80 feet; thence south I degrc,I, 10 minutes 3'; seconds east a di la ce of 523~ uth 0 de rees 0 minutes 00 sc n cast ~eofl 7. 9 eet't en en rt 8d r e 41 minut nd west a distanc f 959.4 fett theeatl' e a rai S etlon 'th nc s uth0de tees 0minutes 00 seconds east alon said east lin a di~~ iht of be innin · said desc'bed tract containin 371~ess. Mo enerall described as th ~acent to or abut'tin 'Hunters Road Livin stoa Road and Daniels Road~ AA. Areas North of Radio Road - located within Section 31, Township 49 South. Ran_el 26 East, Collier County, Florida, more specifically described as those properties adiacent to abutting; San Marco Blvd., St. Clair Shores Road, Owen Lane, and Family Circle Lane. BB. Coconut Creek, Unit I, according to Plat Book 1, Page 108, Public Record~ of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of Collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records q,f Collie, County, Florida; Westview Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically described as those properties odiacent to or abutting; Lorraine Road, Kathy Street, Gail Blvd., Esther Street, Donna Road, Westview Drive, and North Road. CC. All of Section 8, Township 50 South, Range 26 East (excluding Fallin~ Waters): Parts of Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and Part of Section 74 Township 50 South, Range 26 East all of Collier County, Florida; more specifically described ,those properties adj.acent to or abutting: Heritage Trail, Unity Way, Cope Lane, Crews Ro,,d_, County Barn Road, Shcddon Lane, Whittaker Road, Sunset B[vd., Sandy Lane, Adkins Avenue, Everett Street, Polly Ave., Wendy l,.a. pe, Landsdale Lane and Cynthia Way~ ..DD. Those areas lying within the Key Marco Community Development District. ..E. xclusion or the Key Marco Community Development District recognize~ that this area outside the Collier County Water-Sewer District. ....EE. All those areas lying within the Collier County Waler and Wastewater Authority _certificated areas of Florida Cities Water Company, and Florida Water Services Corporatio!~ (formerly known as Southern States Utilities, Inc.), or their successors or assigns, located withi,! 5 Words underlined are added; works mtruck through are deleted. 12.0 Cgllier C9unty, Florida. The 9nIy e~Cc;PtiOnS ~o this provision ~O provide Service v4thin these certificated areas may exist when all parties enter into a written agreement for sewer service. FF. Those areas located within the City OF Naples Service areas as &scribed in the October, 1977 City/County Agreement and amendments thereto. Q(3. Area of CR951 and US41: 9ne mile sections that run ,,vesl of the Collier Coutlty Water-Sewer District Boundary as describe, t: All of Section 36, Township 49 South, Range 26 East; Ail of Sections I. 1 I. 14.23.26 and 35. Township 50 South. Range 26 East: All of Section 2, Township 51 South, Range 26 East; Parts oF Sections I, l I, and 12, Township 51 South, Range 26 East; Parts of Sections 7, 8, 16, 17, 18, 20, 21, 22, and 27, Township 51 South, Range 27 East all of Collier County, Florida. HH. Four Seasons~ according: to Plat Book 10, Page 95, Public Records of Collier County, Florida; Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County, Florida. I I. Quail Woods, previously known as Edgewild, according to Plat Book 13, Page 44, Public Records of Collier County, Florida; more specifically described as all single family 10ts adiacent to or abutting~ The Lane. ,yd'. Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County, Florida. However, all of the above exclusions ~re not absolute and lands lying within the excluded areas which either are required to or request connection to the Regional Sewer System, or otherwise create a grow'th necessitated demand to expand the Regional Sewer System, shall be subiect to the imposition of impact fees ur~&r Section 2.01 of the Collier County Regional Sewer System Impact Fee Ordinance in the same manner as if said lands were characterized as Sewer System Impact Development. Section Two: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 6 Words underlined are added; works ~ are deleted. separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Three. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renurnbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section Four. Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~'7~day ~~ ,~, 1997, r,. uRoves. C erk Approved ~ to fo~ ~d legal su~ciency: Assismt County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA T'IMOTHY/I~. I~AN~OCK, Chairman 7 Words un~er%ined are added; works ~ are deleted. 12C 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. 97-43 Which was adopted by the Board of County Commissioners on the 9th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Com~aissioners of Collier County, Florida, this 10th day of September, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of . :-'.'~'- ..... : County Conunissioners /~ ~ ~ ~ .' · '.'~C~ '-t' ~ ',. By: /S/ Susan Barbir~ti, . :. ~=' ~. Deputy Clerk ~" ~ ..' , ... ..'.~/ Cattier C~unty, Florida Zo* C1,~ to t~, ,oecd: ~:ea,e p~*ce the fo~Z~t~, ,, ,~ 1 ~ C 5 ~Otspl~ Adv., loc~Cton, e~.) Ortgtnatin~ ~ept~tv: Public Works ~erson: Edward N. F~ Date: 8/13/97 Petttto~ No. (~f none, live brief description): Petitioner: (am & address): Ed Ilschnerz Public Works Administrator 3301 East Tam£arai Tra£1 Naples, rL 3&112 Im & Addres~'o~ ~7 perJ~J(i) to be notified b7 C~er~j Of~tce= (~ ~re space ~eded~ attach separate s~ec) Rearing before: ~ ICC ~ SZA ~Ocher · equested hearin~ date:~~ased ~ adverttseeenc spearing ~ days before hearing. or legally required ~) ~ OC~r Pr~sed T~t: (Include le[~I 4escrtptton & c~ 1~atton & st~e)~ TO ~E~D O~I~qCE ~O. 90-86, AS ~E~, TO ~CL~E CERTAt~ ~DITIO~AL ~S ~ ~E IMPOSITION OF WATER IMPACT FEES. Companion petttt~(s), £f any, & proposed ~eartng date: D~es Pttltton Tee I~Iude Advertts£nl Cost? Yes ~ ~o /'-'-T If 7e~, vt~t accent should be char~ed for adverttstnl costs 6~_T.2!0110 cf. / -- Approved by: Oate~_=.~.~(~/,/~/ C~nt7 ~analer Date List Act3chments:Cl~Of Ordinance(2) For heartncs before ICC or EZA: Init!sethI perso~ to co~plete one cop7 and obtain Division Read approve! before submttttn$ to Cogent7 Hanaser. .~: Tf leesl document ts involved, be sure that any necessar~ lees! revtev or re ues: for saee. !s su~ttted to Cr*unCv Attorne~ before sub,tit:nC to County Hanate____~r. /'he Hanager's Off[ce vt1! distribute copies: " ~ County Hans&er a[enCa /tie; ~ Requesting Division; ~ Orlltnal to Clerk's Office Other hearl~e~: Inittatin$ Divts___.__~on Uea_.___~d to approve and submit ortltna! to Clerk's Offtce~ retatntn~ a cop7 for file. CL~RK'S OF~IC~ USE ~LY Date~ Date P.R. 9L~_~ ~4-8406 T:Z~Z S~T: ~0' 01'5~ 00' 01'51 00'01'50 00'01'50 00' 02' 01 00' 01'5~ ~01'24 ~01'~ 8137520500 8137'320300 9~ 19970393 O< 3 OK 3 OK 2 O< 2 OK 5 ~< 3 TOTR~_ ~ 068C008~1A 068C008~16 06~~14 ~14 ~11 060(~0~10 0~15 06CC00~10 068C~15 120 5 August 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Ordinance amending Ord. 90-86 Dear Judi: Please advertise the above referenced notice one time on Friday, August 29, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 408-210110-649100 (Public Works) NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY S~PTEM~_ER 9, 1997, in the Boardroom, 3rd Floor, Administration Building7 ~o~lier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-86, AS AMENDED, BY AME~;DING APPENDIX C TO SAID ORDINANCE, TO EXCLUDE ADDITIONAL CERTAIN AREAS FROM THE IMPOSITION OF WATER IMPACT FEES; PROVIDING FOR CONFLICT AND S~-"v-ERABILITY; PROVIDI~ FOR THE INCLUSION IN THE CODE OF LAWS ~4D ORDINA}~CES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER CO~, FLORIDA TIMOTHY L. HA~;COCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 12C'5 i,. August 18, 1997 Ed Ilschner, Public Works Administrator Public Works Division 3301 East Tamiami Trail Naples, FL 34112 RE: Notice of Public Hearing to consider Ordinance amending Ordinance 90-86 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, August 29, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 12C 5; ORDINANCE NO. 97- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-86, AS AMENDED, BY AMENDING APPENDIX C TO SAID ORDINANCE, TO EXCLUDE ADDITIONAL CERTAIN AREAS FROM THE IMPOSITION OF WATER IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on November 27, 1990 enacted Collier County Ordinance No. 90-86, establishing a Collier County Regional Water Systems Impact Fees Ordinance, as amended; and WltEREAS, the Board of County Commissioners on November I0, 1992 enacted Collier County Ordirsance No. 92-91, amending Appendix C to Collier County Ordinance No. 90-86 addressing excluded areas from the imposition of water impact fees; and WlIEREAS, the Board of County Commissioners has alternate, cumulative and supplemental authority to plan for and provide water and sewer systems under the Laws of the State of Florida. including but not limited to Chapters 125, 153 Part II, 163, and 380, Florida Statutes; Chapters 67-1246, 78489 and 88-499. Laws of Florida; and Article VIII of the Constitution of the State of Florida; and WHEREAS, the Board of County Commissioners determines that it is in the best interests of the County to amend Appendix C of the Collier County Ordinance No. 90-86, as amended, to exclude certain other areas of the County from the collection of water impact fees since the County is not presently planning to provide water service to these areas. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section One: Appendix C of Collier County Ordinance No. 90-86, as amended, is hereby amended to read as follows: 12g .5 APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF,WATER IMPACT FEES Lands within Collier County generally excluded from the definition of Water System Impact Development as defined in the Collier County Regional Water System Impact Fee Ordinance, Collier County Ordinance No. 90-86, as amended: A. Those areas lying within the Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes this area is not presently planned to be served by treatment capabilities of the Regional Water System. B. Those areas lying within the Goodland Water District. Exclusion of the Goodland Water District recognizes ti'mt this area is not presently planned to be served by the treatment capabilities of the Regional Water System. C. Golden Gate Estates, Unit No. I, Plat Book 4, Page 73, Public Records of Collier County, Florida. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida. E. Golden Gate Estates Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. G. Golden Gate F~tates. Unit No. 26, Plat Book 7, Page 15, Public Records of Collier County, Florida. H. Golden Gate Estates. Unit No, 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. I. Golden Gate Estates Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. J. Golden Gate Estates Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision [~ now part of Florida Cities Water Company's certificated area. L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 2 Words underlined are added; words ~ are deleted. 12C .5 O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page gS, Public Records of Collier County, Florida. Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97. Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the pre~cnt zoning and constraints of the Comprehensive Plan have severely limited the density and us~ of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Water System or any other centralized water utility. T. Those areas lying within the Marco Shores g.a~lg, isioa, ' ' ' ' 7 hi h e c ded i P a 4 e 4 ' ec rd of ol i r out lo 'da. Exclusion of the Marco Shores ga,l~.h4sio~. Unit 1. recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water System. · ' 'v'' n I d - Be i ' wn hi 49 S uth R c 2 a o 'er oun F1 'da' the north de ce i t 15 second east alon t u i e ai Sec' · 0 e Words ~ are added; words ~ are deleted. 12C 5 minutes 20 s~conds west along thc east Iiilq of Section 6 a distance of ~044.40 feet lQ the east quarter comer; thence continuing north alon[ said line. a distance of 425.g4 feet: thence ]caving said east linc north gg degrees 40 minutes ;58 seconds west, a distance of ]285.$0 feet; thence SOuth I degree l0 minutes 35 Seconds eas~, a distance of 52~.~5 feet; thence south 0 degre~;~ O0 minutes 00 seconds east, a distance of 137.]9 feet; thence north $1~ degrees 41 minutes ~cond~ west, a distapce o£ ~959,46 l'eet to the east line of aforesaid Section 6: thence south 0 degree~ (X) mintaes oo seconds east alon~ said east line a distance of 3038.77 feet to the point of belzinning; said described tract containimz 371,460 acres, more or !es~;. More generally described a,s those properties adjacent to or abutting; H~nters Road, Livingston Road, and Daniels Road. V. Area.5 North of Radio Road - loc~led within .Secdo0 .~], TQwn~hip 49 South, Range 26 ~a.st, Collier County, Florida, more specifically described as tho~e properties adiacerlt t9 or abutting; San Marco Blvd., St. Clair Shores Road, Owen Lane, and Family Circle w, All of Section g, Township 50 South. Ranee 26 East (excludine Fallinlz Water,); part~ of Section 9, Township ;50 South. Range 26 East; Parts o£ Section 16, Township 50 South, Range 26 East Part of Section 17. Townshiv 50 South. Ranl~e 26 East: and Pan of Section 7. Townshk) ;50 SOUth. Ranee 26 East all of Collier County. Florida: more specifically describe~ as those PrO.Verties adjacent tO or abuttinlz: Heritage Trail. Unity Way, Qe?'.' I,.ape, Crews Road, County Barn Road. Sheddon Lane. Whittaker Road. Sunse~ Blvd.. Sandy Lane. Adkins Averlue, Everett Street. Polly Ave.. Wendv Lane. Landsdale Lane and Cynthia Way. X. Tho~e area.5 lying within the KeY Marco Community Development District, Exclusion of the Kev Marco Community Develovment District recognizes that this outside the Collier County Wa. ret-Sewer District. Y. All those areas lying within the Collier County Water and Wastewater Authority certificated areas Of Florida Citie~ Water CQmpany, and Florida Water Services Co _rporation (formerly known as Southern States Utilities, Inc.), or their Successors or assigns, located within Collier County, Florida. The only exceptions tO this prQvision tQ provide ~rvice withio the~ certificated area~ may exist when all partie~ enter intQ ~ written agreement for water ~ervice. Words underlined are added; words ~"~-~q~3~are deleted. 12g 5 ~e err'ce are asde ri d 'n the October, 1977 City/County Agreement and amendments there!o: AA. Area 0fCR951 and US41: one mile sections that run west 0fthe Collier County Water-Sewer District Boundary as descfib~sl: All of Section 36, Township 49 South. Ranee 26 ~,ast: All of Section~ I. 11. 14. 23.26 and 35. Township 50 South. Range 26 East: Ail of Section 2, Township 51 South, Range 56 Easl; Parts of Sec. tions 1, Il, and 12, Township (5!. South, Range 26 East; Parts of Sections 7.8.16. 17. I 8.20, 21,22, and 27, Townshiv 51 South, Range 27 F~ast, all Of Collier County. Florida. However, all of the a~ve exclusions are not absolute and lands lYjp~ within thg excluded areas which either are required tO or request connection to the Regional Water System, or otherwise create a grovah necessitated 4emand tO expand the Regional Water System. shall be ~ubject to the imposition of impac~ fees under Section 2.01 of the Collier County Re~ional Water Sys!em Impact Fee Ordinance in the same manner as if said lands wer~ characlefized ~ Water System Impact Development. Section Two: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Three. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or releuered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section Four. Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Department of State. Words underlined are added; words ~ are deleted. 12C 5 PASSED AND DULY ADOPTED by the Board of County Commissioner~ of Collier County, Florida, this ~ day of ., 1997. ATTEST: DWIGHT D. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR.IDA By: TIMOTHY L. HANCOCK, Chairman Approved as to form and legal ~ufficiency: A~Ist~nt County A~t°mey- 6 Words underlined are added; words ~(~'~k--~{'e~3~ are deleted. ATTX: ~ ~ H,A.~I~S FI. ~4101-~¢16 REFER~CE: 001~ 57554392 .01'ZC~ ~ D~Elq~ TO ~ ~tl~ tilt~ ~ ~ ~ ~ ~ CoLHer ~, F~?~, ~e ~ ~ri~ this AD Se'ACE: 69.000 INCH Psr~lty Imc~m by 120 5 12C b ORDINANCE NO. 97- 46 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-86, AS AMENDED, BY AMENDING APPENDIX C TO SAID ORDINANCE, TO EXCLUDE ADDITIONAL CERTAIN AREAS FROM TIlE IMPOSITION OF WATER IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WttEREAS, the Board of County Commissioners of Collier County on November 27, 1990 enacted Collier County Ordinance No. 90-86, establishing a Collier County Regional Water Systems Impact Fees Ordinance, as amended; and WHEREAS, the Board of County Commissioners on November 10, 1992 enacted Collier County Ordinance No. 92-91, amending Appendix C to Collier County Ordinance No. 90-86 addressing excluded areas from the imposition of water impact fees; and WHEREAS, the Board of County Commissioners has alternate, cumulative and supplemental authority to plan for and provide water and sewer systems under the Laws of the State of Florida, including but not limited to Chapters 125. 153 Part II, 163, and 380, Florida Statutes; Chapters 67-1246, 78-489 and 88-499, Laws of Florida; and Article VIII of the Constitution of the State of Florida; and WHERY. AS, the Board of County Commissioners determines that it is in the best interests of the County to amend Appendix C of the Collier County Ordinance No. 90-86, as amended, to exclude ceftin other areas of the County from the collection of water impact fees since the County is not presently planning to provide water service to these areas. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section One: Appendix C of Collier County Ordinance No. 90-86, as amended, is hereby amended to read as follows: APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF WATER IMPACTI' FEES Lands within Collier County generally excluded from the definition of Water System Impact Development as defined in the Collier County Regional Water System Impact Fee Ordinance, Collier County Ordinance No. 90-86, as amended: A. Those areas lying within the Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes this area is not presently planned to be served by treatment capabilities of the Regional Water System. B. Those areas lying within the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the Regional Water System. C. Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, Public Records of Collier County, Florida. D. Golden Gate Estates, Unit No. 2. Plat Book 4, Page 75, Public Records of Collier County, Florida. E. Golden Gate Estates, Unit No. 3, Plat Book 4. Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. G. Golden Gate Estates, Unit No. 26, Plat Book 7, Page 15, Public Records of Collier County, Florida. H. Golden Gate Estates, Unit No. 27. Plat Book 7, Page 17, Public Records of Collier County, Florida. I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. J. Golden Gate Estates, Unit No. 29, Plat Book 7. Page 57, Public Records of Collier County, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivisio ' now a of Iofida itiesWater m an' c iff t L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now.pm of Florida Cities Water Corn an's c ific t a. M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 5 O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the nature of the previous development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via the Regional Water System or any other centralized water utility. T. Those areas lying within the Marco Shores Su~ua..!':!z!zn, Unit 1. withi, Sections 26 and 27. Townshiv 52 South. Ranee 26 East and recorded in Plat Book 14. Page 34 of the Public Record~ of Collier County, Flprida, Exclusion of the Marco Shores S'.:'~i;'izie. r. Unit I, recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water System. U. Ridee Farms Subdivision (not ~latted} - Beein at Southeast comer of Townshit~ 49 South, Range 26 East. Collier CounW, Florida; thence north 88 dem'e~ minutes 15 ~conds east alone the sOUth line of ~id Section 6; thence north 0 dcm'ecs 13 5 3 Words underline~ are added; words ~ are deleted. 12C · ute sc d we al n the s ' efSe i n aditanc 044.40left tee u e co er't ecec n'tmui h n ~f4 8.4 et' hencelea.,!n aid east line north 88 de rees 40 minute 8 seconds west a istance of 128 .80 feet' thence. outh 1 de ee 10 inute se nd a distance of . feet' thence south 0 ~ minutes 00 seconds east a distance I 7 19 feet' thence no h de ee 41 inure ~ distance of 9 .4 e t thee, iii cola said Section 6' then e uth0 de_~g.rees 00 minutes 00 seconds east alon~ said east line a distance of ~feet to ~ be innin · said described tract c ntainin 71.4 0 acres more or less. More ~enemllv described as tose ro tries ad'acent to r abuttin · Hunters Road Livin sion Road and Daniels Road. V. AreasNorth ofRadio R ad- oca cd with'n Secti I Townshi 49 th an 26 t oilier Cunt Florid more cificall described as those ro tries ad'acent t o abuttin · San M c Blvd. t. lairSho ad wen an d Fam'l icl W~ out an e2 xclu' alli W t · Parts fSection 9 Townshi uth R ~ of ection 16 Towns J out Ran e26 asrP r~ fo e rio 7 i 0 outh an e2 'an P of e tion7 Townshi 50 South Ran e26 t Il f oilier ount Florida· ore cificall de 'bed th ro tries ad'acen too utti · erita ,e Trail Unit W o Lan rews oad Count Barn Road Sheddon Lane ittaker Road Sunset Blvd. and Lane A ki Av nu Everett Street Polly Ave. Wend Lane Landsdale Lane and C~ X. Those area~hin the Ke Marco ommunh Develo nt Di 'ct. Exclusion of the Ke M rco ommunit Devel ment Di trict reco nizes that this area is outside th o[li r unt Water-Sew istrict Y. All tho areas I in withi the flier ount Wat and W tewat Auto 't certificated areas of Florida iie Wa m an a FI rid Wa r ervic rat' frm rl known as outhern tae 'itie Inc. r t ir s e o r i I t wit in Collier C nt FIorid~,i io rovi e i withi ce ificat area a ~ twe I a i ente i t a 't a r e service. 4 Words underli~ are added; words ~-~h are deleted. Z. All those areas located within the City of Naples service areas as described in the October, 1977 City/County Agreement and amendments thereto. AA. Area 0fCR951 and US41: one mile sections Ihat run west 0fthe Collier County Water-Sewer District Boundary os described; All of Section 36, Townshio 49 South. Ranee 26 East: All of Section~ I. I1. 14. 23. 26 and 35. Townshio 50 South. Ranae 26 East: All of Section 2, Township ~51 South, Range 26 East; Parts of Sections 1, Il, and 12, Townshi~ 51 South, Range 26 Eas~; Parts of Sections 7, 8, 16, 17, 18, 20, 21,22, and 27, Township 5l South, Range 27 East, all of Collier County, Florida. However, all of the above ex~lusi0ns are not absolute arld lands lyipg within lh~' e~lu0ed areas which either are requirgd to or rqquest connection t9 the Regional Water Sy:stem. or otherwise create a growlh necessitated demand to expand the Regiorlal Water SYstem, shall be ~ubject to the imposition of impact fees under Section 2.01 of the Collier County Regional Wa!er System Impact Fee Ordinance ir~ the same manner as if said lands were charactefi~d ae Water System Impact Development. Section Two: Conflict and Sevevability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law. the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Three. Inclusion in the Code of Laws ~,nd Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section Four. Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Department of State. 5 Words underlined are added; words ~ are deleted. 12C PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~"/5~day of~~, 1997. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:~ '"-"'~^ss~stant County Attorney 5 Words are added; 6 words are deleted. STATE OF FLORIDA) COUSTTY 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. 97-44 Which was adopted by the Board of County Commissioners on the 9th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1997. DWIGHT E. BROCK .~',.'~l '~l:l~j. Clerk of Courts and Clerk,%% Ex-officio to Board of ~ ; County Commissioners ~' ~,. · ; By: /s/ Susan Barbirett~ ' ~'i ' ..'",~ Deputy Clerk /;ff,~ ~%~'.~ . Landmark Comm_~ 790 Harbc~r Drive Naples,Fla. 33940 for ~trtisl~ costs: C~ ~. O~te List AtteSts:C1) (2), .(3)__ A. For h mrt · f ~ c~' : Initiating person to ccmpiete cr~ copy ~ obtain Olvfsto~ Me~ ~mt ~f~c r f r I ~ to ~ A ~ f t f o ~t M r. The ~r's Office wiLL dfstrt~, c~i~: o,~. ~..~~,,.,.,. ,.__~,~.,~,o ~,..,,..,,.z4~a ,~,,,.. # c~ ~:,'~G~ ~ ~ ~'74-8408 151 e6-18 15:18 ~ ~2' 02 92634864 152 ~18 15:43 ~81'48 ~ ~ J ~18 1~ ~-19 15:19 ~'52 ~ 157 ~-~ 10:11 ~'OJ ~ ~ g ~11 1~ ~-~ 10:~ ~ ~'57 9~ ~ 5 ~~1~ 159 ~-~ 11:~ ~'5? 9~ ~ 5 ~~11 163 ~-2~ 1~:~ ~'0~ 9~ ~ ~ ~IG 165 ~-24 15:16 ~'1~ ~ ~ ~ .... T~ 1 June 24, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition V-96-28 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 13, 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. 700012 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-96-28, John Grissom representing Landmark Communities, c/o Mike Jeppesen requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning district, for property located in Queen's Park subdivision at Lago Verde, Phase Seven, Lot 189, Section 18, To~ship 50 South, Range 26 East, as recorded in Plat Book 26, Pages 24-25, of the public records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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) June 25, 1997 Landmark Communities 790 Harbour Drive Naples, FL 34103 RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Diamond Pool Construction June 25, 1997 Diamond Pool Construction 27078 Oliver Drive Bonita Springs, FL 34135 Attn: Mr. John Grissom RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be advised that the above referenced petition will be considered ~t the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Landmark Communities Afftdev(t of PubLication BOARD OF CC~4TY ATT~: NAHCY PO BOX 41~0~6 NA.OLES FL ~541C)1-~)16 REFERENCE: OGIZ~O ~7~3,/,CG3 NOTICE OF PU~LZC HEA State of FLortda Cou~t), of CotLter Before the und~cstgned ~/thortty, ~r~tty ~er~ B. ~ ~ ~ ~th ~m t~t ~ me.el as t~ ~ststMt ~ote ~cr~o~ ~ t~ ~tty N~s, · ~ty ~r ~t~ ~ ~tea, ~fl ~tLter ~ty~ Ft~t~: t~t t~ AYYtMt Y~e ~s t~t t~ ~td ~t~ ~lt~ tn ~td ~LLter ~ty, Ftort~, ~ ~ ~s ~ ~ter~ os se~ cLamo Mtter et t~ ~t ~f~ce tfl ~tes, tfl ~LLJer ~ty~ ft~ for · ~rt~ ~ 1 year ~t ~t~ t~ ftr~t ~Ll~tt~ ~ t~ furt~r ~ tMt ~ ~ ~tt~r ~td ~e dto~t, r~te, ~tos{~ ~ r~ f~ t~ ~ d ~S~ thtl ~e~tl~t for AD SPACE: 54.(XX) [}{CH FILED ~: o7/14/97 / Jol'~n C. Non'is I)~"k:l 1 l'imoihy L Hancock, AICP I)~'~ '~ D~.rk:l 3 Pamela S. Mac'Kie District 4 Ba~oara 8. Berry Di~-i~ 5 3301 E~st T,~miami Tr'~l * Naples, Flodd~, 34112-4977 (941) 774-8097 * F~x (941) 774-3602 June 25, 1997 Diamond Pool Construction 27078 Oliver Drive Bonita Springs, FL 34135 Attn: Mr. John Grissom RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, /~Sue B~~~Y Clerk Enc 1. cc: Landmark Communities CO[~IE~ CO/J~ITY Commant~ DeYelopmen~ ~nd En~iromz~en~l Ser~tce~ Dl¥t$1on Building Review and Permitting Housing and Urban Improvement Planning Services Code Enforcement Natural Resources Pollution Control Memorandum FROM: DATE: SUBJECT: Barbara Pedone, Adminia'aative Secraza'y, County Manager's Offi~ Smart Murray, Principal Planne~~ July 15, 1997 V-96-28, Rescheduled hearing dat~ Per the attached letter, please reschedule thc above referenced petition from the previously scheduled July 29, 1997 BCC hearing, to thc September 9, 1997 BCC hearing. If you have any questions or need fttrther information, please don't hesitate to contact me at 403- 2400. cc: Johnnie Gebhart, Administrative Secretary V-96-28 Advertising File Clerk to BCC's Office RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-96-28, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-28 filed by John Grissom of Diamond Pool Construction, Inc., representing Landmark Communities, with respect to the property hereinafter described as: Lot 189, Queen's Park at Lago Verde, Phase 7, as recorded in Plat Book 26, Pages 24-25, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: In the case of destruction of the pool and/or pool deck, for any reason, to an extent equal to or greater than fifty percent (50%) of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-96-28 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING kPPEALS COLLIER COD-NTY, FIX)RIDA TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency:: Assistant Co..~ty Attorney V-96-28 VARIANCE RESOLUTION/18826 I! To: Cterk to the 8o~rd: PteaM pike the foito~ing ~ a: ~o~ L~il ~rZJ~t ~ Other: '' COJspt~ ~., t~tl~, etc.) / CSI~ cte~rty) Petiti~r: (~ ~r~s): Diamond PooZ Const:uctton A~: ~ohn Ggtssom 27078 Oliver Drive Bonita Springs, Fla. 34135 #ame& Address of ~ perso~Cs) :: ~e notified by Cterk's Office: Clf more space needed, ac:ach $~,l~ate Sheet) Landmark Communities 790 Harbor Drive Naples,Fla. 33940 ~earing before: ~ BCC ~"IZA ~ Other ............ I(e~spaper(s) to be used: (Co~Le:e only if important Z~7, ~ #~le~ Ozily Nevs or [egatty re- 4red ~} ~ O:her ~'rec~ed Text: ({r~:tu~e te~t ,~rip~lo. & c~.,u. Ioca,.el-.,. z or... .... / U , ~ vO.~, c~o ~ ~s~ ~Qtan-~a ~ ~.sn v~ ~s~o~ I ~c~ ~OM ~ ~ y~ S~A~ ~Q~ OF ~ (~ ~ FOg ~c~so~v ~u~ ~, ~ zo~o ~.~o~ ~o~ ~ ~u~ tun I ~ TO~S~ $O~.~G[ ~ ~ CO~, ~ OoesPetitl~ FH l~lu6e~d~Y't{st~Cat? Tfl/-tT~// No~ If ye I, Sat Kceu~t ~ld ~ char~ List Att~ts:(1)__~(2). .(3). A. F~ rf f : InJtl/tJ~ ~ Co ~[ec~ ~ ~ K ~:iJ~ DJv{sJ~ He~ ~[ ~f~e r { t C A f t f r. The ~r's Office vltt dJstri~e ~ ~ file; Olvlsi~; ~ ~er~'J Office to d Wt ~ielml to Cl~'s Offer. retainlM i ~ 1~ file. FAX ~: ~ 774-8408 774-8406 July 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition V-96-28 Dear Judy: Please advt rise the above referenced notice one time on Sunday, AuGust 24, 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. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 9, 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 AoM. The Board will consider Petition V-96-28, John Grissom representing Landmark Communities, c/o Mike Jeppesen requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning district, for property located in Queen's Park subdivision at Lago Verde, Phase Seven, Lot 189, Section 18, Township 50 South, Range 26 East, as recorded in Plat Book 26, Pages 24-25, of the public records of Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person ,.,ho decides to appeal a decision of the Board will need a record of '...e 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) July 29, 1997 Diamond Pool Construction 25526 Luci Drive Bonita Springs, FL 34135-8813 Attn: Mr. John Grissom RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be ''vised that the above referenced petition will be considered by the Boazd of County Corm~issioners on Tuesday, September 9, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Landmark Communities INTEROFFICE MEMORANDUM Date: 01-Aug-1997 ll:53am EST From: Susan Murray MURRAY_S Dep t: Tel No: TO: Maureen Kenyon ( KENYON_M ) Subject: Address Change for Notification V-96-28 For notification purposes: the petitioner, Mr. John Grissom, Diamond Pool Construction, for the above variance request, scheduled to be heard at the September 9, 1998 board meeting, has a new address. It is as follows: Diamond Pool Construction Inc 25526 Luci Drive Bonita Springs, FL 34135-8813 If you have any questions please don't hesitate to call me! Thanks - Susan July 29, 1997 Landmark Communities 790 Harbour Drive Naples, FL 34103 RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~issioners on Tuesday, September 9, 1997 as indicated on the enclosed notice. The legal notice pertaininG to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearinG. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Diamond Pool Construction July 29, 1997 Diamond Pool Construction 27078 Oliver Drive Bonita Springs, FL 34135 Attn: Mr. John Grissom RE: Notice of Public Hearing to consider Petition V-96-28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Landmark Communities RESOLUTION NO. 97-__ RELATING TO PETITION NUMBER V-96-28, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREA? the Board of zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-28 filed by John Grissom of Diamond Pool Construction, Inc., representing Landmark Communities, with respect to the property hereinafter described as: Lot 189, Queen's Park at Lago Verde, Phase 7, as recorded in Plat Book 26, Pages 24-25, of the Public Records of Collier county, Florida. be and the same hereby is approved for a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet --1-- as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: In the case of destruction of the pool and/or pool deck, for any reason, to an extent equal to or greater than fifty percent (50%) of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-96-28 be recorded in the minutes of this Board. This R ~olution 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:: Assistant County Attorney V-96-28 VARIANCE RESOLUTION/18826 VERDE QUEENS PARK A PHASE PLA T BOOK 28, KEIq'r DRIVE' BOARD OF COUNTY COflH~SSZO~RS ATTN: NAHCY SA.LOGU8 PO BOX &13~16 NAPLES FL 3410'1-3016 AD SPACE: 66.0CX) XNCH FILED o~: oe/26/97 Signature o~ Affiant ~ Svor~ to and Subscribed before M tht$~.. Per~rmtLy kno~ by me ~ llA'I · RK;COMMUNITIES' OF NAPLES, INC. · 'H~RBOIJR I)R[¥K, lqAPLII$, FLORIDA 33940 · J/AX ($13) 649-7112 ..~, ~-, THL: BU$11qlIS$ O~CB (813) ~9-7.~ 1 * ~L. CON~U.~OH OF~CB (813) 263-t2~ RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-96-28, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-28 filed by John Grissom of Diamond Pool Construction, Inc., representing Landmark Communities, with respect to the property hereinafter described as: Lot 189, Queen's Park at Lago Verde, Phase 7, as recorded in Plat Book 26, Pages 24-25, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet --1-- as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: In the case of destruction of the pool and/or pool deck, for any reason, to an extent equal to or greater than fifty percent (50%) of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resoluticn relating to Petition Number V-96-28 be recorded in the minutes of this Board. This Resolutio~dopted after.motion, second and majority vote. Done this _~ day o~, 1997. · ~pwIG~HT. E~ ,BROC~ ~ Clerk m : .-~i;~-'~,~'~.~. ~ . . 'l,.~f~ ' .~x~ Approved as to Fo~ and ~gal Sufficiency:: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY ~. HANCOCK, Chairman Assistant County Attorney V-96-28 VARIANCE RESOLUTION/18826 -2- C: \d0l~\2393\oplEe~ ~n O~t 21 15: 25: ~ 1996 QL/E~AI$ PARK IGO I/ERDE PHA SE PLA T BOOK 2~. £4'28 CONSTRUCrlON AMD i~INTENANCE AGREEME~ FOR SUBDIVISION IMFROVElV~'NTS THIS CONSTRUCTION AND ~.NTI~ANCE;~~ FOR SUBDIVISION .-o 9Y Developer tm;. mi~ucou~ly vdth ~he delivery of this Agteemcut, ~pplied for the spprov~ by the Board of · certain phi of a subdivis{on to bc knowu as Sterling Oaks Division 3.2 of thc Collier Coumy ~ Developtacnt Code require~ the Developer t~ po~ appropri~ gtumntees for the ~ion of the h'aproveum~ required by ~ubdivitJon re~laliom, uid ~tarzm.~$ to be incorporated in a bonded agrecmcnt fol' NOW, THEREFOR,E, in comkk-r'a6on of the fore. lng pmnis~ and mutual covc'mnts l~z~ins~ set for~, De. loper ~d the Board do h~re~ cov~ and agr~ as follows: l~wclo3~ will c~uoe ~o be cormru~c~ Auocia~, P.A., a copy of which t~ anacb~d l~'rcto mi incorpor~t~ F_.xh~iI 'A' within 12 monliu from tl~ date of zppro~l uid subdivision plat, 2o l~loprr ~ tenders ~ suIxiivhion performance ~x~trity (auached lm'~o as Exhibit 'B') a.ud by r~fereuce n~ a part of in th~ amount of $33,938.50 which tmount rcptvscuts 10% of the to~ coutrac~ cost to courple~e comtruction phu I00% of the estimate cos~ of to compl,~ the -xtui~ improv~ at the 8a~ of this A~acnt. In the t-v~t of defauh by th~ Dc~lOl~r or failu~ of th~ D~.w~loper to compk't¢ such iml~ovem~n~ within the time rcquir~l by t~e ~ Dev¢l~ Co4e, Coll~r CouaU, may call upo~ the sulxlivtsion lx-rformance ~mriry [o im'ur~ samfactory con~ of ~e t~iu~r~ ~. T'ne required improvenm~ts sha~l not be comkicrcd complex: umil a m~cnt of ~ complc6on b~ D~-~clol:~'s ~:~gi~x:r ~ with thc £mal proj~-'t Servic~ Director for co~ with the Collier Com~/ Land Development Code. 16A The lX-velopm~ Ser~es Director ~hall within sixty (60) day~ of receipt of the s~aIrmenl of substantial completion, either:, a) notify the Developer in writing of his pr~linimry approval of ~e imFrovemem; or b) notify the I)~clolxr in ~ which 'the De'~loper muu fulfill in order to oblain the appruvai of m~ ~. Howewr, in no even~ ~hall the Develolnneut fact ~ and submitr~ for atwroval in accordance with the r~luirements of tl~ The Developer mall malnmin all required impmvt-mcms for a minimum period of oae year after prelimimz7 apprtn, al by the IX--ve~ Services Diretnor. After the om year maiamaara:e period by the Developer h~ termimted, the IX-'v~ shall petition the Developme~ Services Director to inspect the r~ the ~ and, if found to be still in compliance by the Board, the t~aaxl ~ release the txmainm' g 10% of the s.tbdivizion performance security. The I)o-doi~'s rc~x~ibilii7 for ~ of ~he r~uircd im~~ sh,tll co~in~ unl~ or ~ tlz Board accel~ ~ re~l>o~ibility for and by ~ Coup. Six (6) mom~ after the exeoatiou of this Agrecmcnt and ow.e within every six (6) mouths thereafter the Developer may requ~t the Development Services Director to ri:duce the doll,ir amoun~ of c~e v,,tlxti~i~ lx'rformaace .~'u.rity on the tr~sis of work compIeu:d. Eae~ ~ for the r,~uctiou in the dollar ~nount of the ~xlivisiou performame ~'urky shall be accompanied by a stateme~ of mbsrzutial canv~ion by the Developer's engimer together with tbe project rer. orO races.sari for rtwiew by the Dev~lOl:,me~ Services Director. The Dev¢lopme~ Services Dir~tor may grani the rt-que~ for a r~duaion in ~ anxxmI of the mlxlivisiou performance security for tlz impmvemems completed as of the dae of the rr. quc~. Ail of the tenns, covcmam~ and conditiom herein cumaim~ ate and rdaall be biudiag upcm tl~ lN:vcloper ~ th~ respective succe~x~rs and assig~ of tl~ 1 Corporalion of St~rling Oa~, A Florida Caporatiou ^~u ~o rom ~ BOARD OF COUNTY COMMISSIONERS Ao EARTHWORK ^-1 Clearing - 5.8 ac. O A-2 Silt Fence - IlK} l.f. O 53/1.f. A-3 Lak~ Exca~ - N/A (under ,xmavation permit) A-4 Off-,$i~ Fill - 0 c.y. (fill from TOTAL FOR 510,440 5540 $10,980 Bo C° DRAINAGE IMPROVEMENTS B-I 24" RCP - 885 l.f. @ $25/1.f. B-2 t-'DO'r Type 'C' Catch Basin - 5 @ $850/ea. B-3 24' madv~ - 1 0 $1,950 B-4 Spreader Sw~ - I 0 $4,000 SANITARY SEWER SYSTEM C-1 8' Gravity Sewer - 1,435 l.f. @ $18/1.L C-2 Sanitary Manhole - 7 @ $1,400/ea. C-3 Lot Service Latenls - 25 @ $250/ea. C-4 Lift Station - I O $40,000 C-5 Connect Existing Force Main- 1 @ $I,500lea. C-6 Plugs - 2 ~ $175/ea. TOTAL FOR "C" WATER DINIR~UTION SYSTEM D-I 8' Water Main - 1,250 l.f. O $9/I.L D-2 8' Tee- I D-3 8' Bends - 5 @ $300lea. D-4 8' Gain Valve - 2 0 $600/ea. D-5 8" Blow-off- 20 $800/ea. D4 Fire Hydrants - 3 @ $1,700 TOTAL FOR "D" (1) S22,125 $4,250 $1,950 $32,325 $25,830 $9,8OO $6,250 $40,000 $1,500 $350 $83,730 $I 1,250 $450 $1,500 $1,200 51AO0 $5,100 $21,100 16A-1 ' ao ROADWAY CONSTRUCTION E-I 2' Aspl~lt - 2,000 sq. yd. ~} $4/s.y. E-2 1 ~* Asphalt - 2,400 sq. yd. @ $3/sq. yd. E-3 8' Limerock Base - 4,400 sq. yd. @ $5/~. yd. E-4 12' Stabilized Subgradc - 5,550 sq. yd. @ SI/sq. yd. E-5 Curb & Gutter - 4,600 l.f. ~ $4/I.f. E-6 Sidewalks - 9,200 sq. ft. ~ $1/sq. ft. E-7 Signage and striping - 1 @ $2,000 E-8 Sod, Seed and Mulch - 1 ~ $3,500 E-9 Utility Casing - 1,000 l.f. @ $3/I.f. S8 000 $7 200 $22 000 $5 55O $18 400 $9.200 S2 000 $3,500 $3,OOO $78,850 Fo STREET LIGHTING AND LANDSCAPE F-1 Street Lights - 5 @ $2,000/ea. F-2 L~'~.._sc~pe - I0 trees @ $I00/ea. TOTAL FOR $I0,000 $I ,000 $II,000 GRAND TOTAL = $Z37,9~5 (2) N~w Yo~w. N.Y. ~o~ s s w~?r~'S Dt~c~--r D~,AL ~UMIC~ 212-708-9230 August 28, 1997 lmtxvoc,~l~ STXNDW~' Lzrrga oF CRzvrr No. 10181 Issumu Besscmer Tr~ Company, N.A., 630 Fifth Avcrme, New York, New York 10111 PLACZ Ann DATg OF Lq~ug: 630 Fifth Avcn~c, Ncw York, NY i 0111, August 28, 1997. .PLACg of Ex. aY: At Issu~'s counters. DATE OF F..XI, IRY: Th/a Crcdit shall be valid until August 28, 1998 and shall thercinaflcr be maomatically n:new~ for mece~ve one-year perioch on the arm/venaty of its i~sue uale~ a/~ dxty (60) clzy~ prkn' ~o ~ such arafiv~ date, the Issuer notifiez the 13eneficiaty in writ/~ by r~//stem/mail thai the l~er elects not to ~o renew ~s C~lit APnacm~-r: ~ ~ (lm-eimfl~ "Applicant"), 3000 Orange Grove Trail, N~pl~s, FL 34120. Bzn£nCLt~V: The Board of County Commissioners, Collier County, Florida O~crcinaflcr "Beneficiary"), Collier County Caxn't~use Complex, Naples, Florida 34104. Attn.: A~otn~: $71,665.50 (U.S.) up to an aigrcg~ thereof. CREDIT AVAILABL~ Wn'H: Izax~cr. BY: Payment agaiast documents detailed herein and Beneficiary's drafts at sight drawn on the Is.suer. I.,OClO 16~i/ml/! DOCUMENTS REQUIRED: /~I/AIZ.4BL£ ~y BNEFICI4RY~S DItJF~$) /iT SIGHT DIL4~V/V ON THE T~E Cov,v'r'rM,4,'v,~o'r~ Cic~Tr~ve nv,4r: "Orangetree Associates has failed to meet or complele the nxluizrments of Excavation Permit #S9.523 modification for the project named Orangetree or final ~ion satisfactory to Collier County, pursuant to Collier County Ordinance Nos. 91-I02 has not been performed prior to the date of expiry, and satisfactory alternative perf~ security has not been provided to and formally DRAFt(S) DRAVOI v~ota Ttn$ Lt'TTtR oi~ CREDrr MUST BZ MARKtD: "Drawn under Bessemer Trust Compazry, N.A. Credit No. I0181, dated August 28, 1997." This original LcRer of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full thc terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreemc~ rd'ererr.~ to her~n or in which this Le~-r of Credit relates, and any such reference shall not be deemed to inco~te herein by reference any document, instnm~ent or nD'cement. .Issuer hereby engages with Beneficiary fl~at draft(s) drawn under and in compliance with thc terms of the Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision) International ~ber of Commerce Publication No. $00. BESSEMER TRUST COMPANY, N.A. BY: Executive Vice President and Chief Financial Officer LOC i 0156/lji/ml/2 August 19, 1997 IR. RLYOCABt,Z STANDBY LL'TrgR OF CI~DI'F NO. 101S0 ISSUER: [~ Trust Company, N.A., 630 Fifth Avenue, New York, New York I0111 (hcrcim,Rer "Is:mcr"). PLACE OF EXrlRY: At Issuer's count~o. .DATgOI~EXI'IKY: This Credit shall be valid until August 19, 1998 and shall thereafter be automatically r,mew~ for ~ve or~-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such annivemay date, the Issuer notifies thc Beneficiary in writing by r,~,istered mail that the Issuer elects not to so renew this Credit. AI'I'LICAI~cr: Roberto Bolltfindividually and as tru.ste%(hereinaf~ "Applicant"), 3000 Orange Ch'Ore Trail, Naples, Florida 34120. BENEFICIARY: Thc Bo~d Of ~ COITIAIissiorIcrs, Collier County, Florida (hereinafter "Benefi~ c/o Offic~ of the County Attorney, Collier County Cotmhous¢ Complex, Naples, Florida. AMOUNT: $36,415.10 (U.S.) up to an ~ thereof. CREDIT AVAILABLE WITH: issuer. BY: Payment against documents detailed herein and Bencficiary's drafts at sight drawn on the hsuero LOC i 016(dtjl/mi/4 D.C., JdldU~, NdJ"LJI:& DOCUMENTS R£QUIREO: AVAILABLE ~y BENEFICIARY'$ DRAFT(v) Ar $1Gffr DRAV, W oN rite nt£ Coulv~ M,4N.4GER, C£RnFYIIv~ 17L4P. "Roberto Bollt, individually and as trustee, has failed to construct and/or maintain the improvements associated with that certain plat of a subdivis|on known as Valencia Phase One or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has nol been provided to and formally DRAFT(s) DRAW~ UtSOER 1'!113 L~r'r~R OF CREDrr MUST BE MARKED: "Drawn tinder Bessemer Trust Company, N.A. Credit No. I0180, dated August 19, 1997." This original Letter of Credit and all arnenc~ents, if any, must be presented for proper endorsement. This Letter of Credit se~s forth in full the terms of the Issuer's undertaking an~! such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. .Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. o I~ESSEMER TRUST COMPANY, N.A. BY: Chief Financial Offic~er LOCI0166/tjVmV5 2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS em.-'red into thi~ ..~ day ~, 1997, between Roberto Bollt, INDMDUALLY and as TRUSTEE, hereinafter referred to as the 'Developer", and the Board of County Commi~ion~ of Collier County, Florida, hereinafter referred to as the 'Board.' A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: VALENCIA, PHASE 1. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations said guarantees to be incorporated in a bonded agreement for the construction of the r~luir~ improvements. NOW. THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed: water, sewer, roads, drainage and like facilities within thirty-six (36) months from the date of approval of said subdivision plat. said improvements hereinafter referred to as the required improvements. CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE ! OF S 16A 2 2. Developer herewith t~ndcrs its subdivision performance security (attached hereto as Exhibit 'A' and by reference made a part hereof) in the amount $36,415.10 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at th~ date of this Agreement. 3. In the event of default by the Developer or failure of tim Developer to complete s~ch call upon the subdivision pa'f~ seau'ity to insure satisfactory completion of the required improvements. 4. The required impwvements 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 ¢~e Development Services Director for compliance with the Collier County Land Development Code. 5. The Developrmm 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 improvema'~; or b) notify the Developer in writing of his refusal to approve the 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. CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE 2 OF 5 · 16A 2. 6. The Developer shall maintain ali required improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services DLrector to insIx~ the required improvements. The Development Services Director or his design shall inspect the improvements and, if found to still be in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release th~ ten percent (10%) subdivision performance security. The Developer's responsibility for maimenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Si~,. (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 s~bdivision performance ~'urity on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records nece~ary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 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 ~atisfactory completion, repair and maintenance of the required improvements. CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE 3 OF S ' 2 Tbc Board shall have tl~ right to construct and maintain, or cause to be constructed and maintained, pursuant to public adv~'ti$cnx'nt and r~:cipt and acceptance of bids, thc improvements required herein. ~ Devclolx'r, as principal under the subdivision pefformanc~ security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final to~al cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failur~ of the Dcweloper to fulfill all of thc provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to ,~ . . be executed by their duly authorized representatives this ~'% day ~, SIGNED SEALED AND DELIVERED IN THE PRESENCE OF: Signature of Witness Print Name Individually and as Trustee CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE 4 OF 5 · ~w~aHT ~...~.. c'~ · .~ .-'- -~,/',,'...,~.., , ,:.. ;i.~- :. ' ' ' · ~.~'4'/~, ';,. ' ' . %~ A ~! :L~'" pprovoa as to from and legal ~ufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA F:OII. A~EWAL. Iq~ I CONSTRUCTION AND MAINTENANCE AGREEIV~NT PAGE 5 OF 5 ! EXlT[BIT A ENGINggR'S COST ~rlMATE VALi!:N~ AT ORANGE'rREZ, .l~uum'y, 1996 (Revised June 199'/) Ae Be A-1 Clearing-2 Acr~ ~ $8001acre A-2 Construct ~ilt screen around pre.rye are~. 5,000 l.f. x $1.00/1.L A-3 Remove cxofic vegetation from preserve and A-4 ComUuct perimeter berm. A-5 Seed and mulch, sod. Total for "A" B-1 13-2 B-3 B-5 B-7 B-8 B-9 B-I0 18' RCP-68 L.F. ~ $18/L.F. 24' RCP-96 L.F. {} $24/L.F. 30' RCP-28 L.F. ~ $30/L.F. FDOT Type 'C' Calch B~sin-6 ~ :$650 ea FDOT Typ~ 'E' Catch Basin-2 ~ $700 ea RW Pap SUMP-I @ $I00 ea Control Catch Basin w/Flapper Gat~-2 @ $1000 ea Ouff~ Structure $4-1 @ $25OO Outfall Structur~ $5-1 ~} $3000 24' Mitered End-2 ~ $900 ea Total for "B" I of 2 $1,600 $5,000 $5,000 $I0,000 $24,100 $1,224 $2,304 $3,900 $! $100 $2,000 $3,000 $19,068.00 16A 2. D-IA D-lB D-2 D-3 D-4 D-5 D-6 D-7 Initial 1' Asphalt - 10,814 sy @ $2.00/iq yd. Final I' Asphalt - 10,814 sy O $1.50Iiq yd. 8' ~ base-12,~ iq yd @ Si/iq yd. 12' Stabilized subgrade I3,882 iq yd. @ SI/lq yd. Curb Sc ~-.4027 L.F. 0 $4/L.F. Type 'A' Curb 2,595 L.F. @ $4.25fL. F. Sigmge and Striping-I @ $3500 Utility Casing-1000 LF. @ $3/L.F. Total for "C" $21,628 $16,221 $60,405 $12,882 $16,108 $11,029 $3,5OO $144,T/3 D. Street Lighting 7 street lights x $2000 ea. Total for "D' $14,000 $14,000 Total for A, B, C, & D $201,941 1 Year Bond Calculation 110% x 16,221 + 10% x 185,720 - 36,415.10 F:OR.~NO~VALI~II 2 of 2 !6B 4 RESOLUTION NO. 97 - 34 7 RESOLUTION REQUESTING THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION TO CONVEY SURPLUS PROPERTY TO COLLIER COUNTY BY QUIT-CLAIM DEED FOR ACCESS TO BORROW PIT NO. 2 AND FOR THE FOUR- LANING IMPROVEMENTS TO COUNTY BARN ROAD. WtlEREAS, the State Road Department, an Agency of the State of Florida, was granted a non- exclusive ea~ernent for ro~'w'ay purpo,~ on lantmry 31, 1967, over the North twelve feet (12') of the South half (S 1/2) of the SO~ one quarter (SE I/4) of the North West one quarter (NW 1/4) of Section 8, Township 50 South, Range 26 East, Collier County, Florida, hereinafter referred to as the "e~.-rnent"; and W'HEREAS, on December 28, 1982, the Board of County Commissioner'~ accepted a Public Pmlx~e Quit-Claim Deed from the State of Florida, Deparm~ent of Transportation for two (2) Borrow Pits located in the Southwest Quarter (SW I/4) ~ the Norxhe~st Quarter (SE I/4) of Section $, Township 50 South, R~nge 26 East, Collier County, lrlorida; and WtlEREAS, on August 13, 1996, the Board of County Commissioner~ adopted Resolution 96-356 authorizing stafflo acquire propemj for the County Barn Road Four-L~ning Improvement Project located in Section 8, Township 50 South, Range 26 East; and WHEREAS, the State of Flo6da, Department of Transportation has declared the easement as surplu~ property; and WHEREAS, Collier County has a need for the easement for access Io Borrow Pit No. 2 and for the four-laning improvements m County Barn Road. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioner~ does hereby request the State of Florida, Department of T~tion Io convey the easement by Quit-Claim Deed to Collier County for access to Borrow Pit No. 2 and for the four-laning improvements to County Barn Road. This Resolution adopted this ,,~'day of~ 1997, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 16B12 ' RESOLUTION NO. 97 734 8 ADOPT RESOLUTION APPROVING A DECLARATION OF EASEMENT ON COUNTY OWNED PROPERTY LOCATED ON COUNTY BARN ROAD. WHEREAS, Collier County is desirous of encumbering property currently own~ by Collier County with an easement as described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the described easement is a neces..~ry element of the County Barn Road Four- Laning Improvement Project (Adopted by Re~olution 96-356); and VvTIEREAS, the easement will allow Collier County Io proceed with the Four-Laning Project in a timely fashion; and WHEREAS, the Declaration of Easement will be recorded in the Public Records of Collier County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of Cotmty Commissioners, hereby approves the Declaration of Easement described in Exhibit "A". Th~s Resolution adop~l flfi~__~2~daY of/~____~ 1997, miler motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDa. TI'MOTHY, J~ HANCOCK. Chairman FROSECT: Co. my B~m Ro~d PARCEL: ~22.$22 16B12 DECLARATION OF EASEME.~'T TH IS DECLARATION is m~ t~is ~ d~y of_ . i 99~. by Collicr T~il. Napl~. Florida ~4112. ~fl~ D~In~nt is thc ~ ofc~z~ ~1 ~y s~uzt~ in Colli~ C~nty. F~d~ more fully Soulhwcsl ~a~ (114) of~ $. T~ ~ ~ R~ge 26 ~. Colli~ County. ~ WI~[SS ~EREOF. yc~ firsl j~vc wnllcn. A ~'~rEST: DWIGHT E. BROCK. Cl~k BOARD OF COL,tNTY COMMISSIONERS OF COLLIER COL,.'N'TY Deputy Clerk Timothy L. Hancock. Chairman Approved as to legal form and sufficiency: Hcidi F. Ashlon Assistant County Altomcy TAX pARCEL t/4 ~)4: S I/2 ~' T~t # I/2 C~r TH~ THE V~ST 2.0 F'*EET OF TH[ SOUTH 31 lrE£T OK FOLLO~NG DF. SC,R3B~"D pARC~,: TH£ SCUTH 1/2 OF THE: .ORTH 1/2 OF THE ~ORTH£A~T 1/4 OF SECTION 8, TCTwI~SH~ ~O SOUTH, RANG~ 26 EAST, COe~TAJ~IN~: 93 :.~3UA/t~ FTI'T, IdOe~ OR ~ SKETCH OF' DESCRIPTION THIS IS NOT A SURVEY 1 6B12. N PROJJ:C:T PARCEL TAX pARCEL NO. cowol 0r TH~ SI/2 ~/. ~)~ N S/~ ~' ~C NC 1/4 ~ 1/~ Ge K~ & mc s I/2 ~' T)4: N 1/'2 ~ TK #£ I/4 c~ 11~ S~ 1/4 Or S~ j-,.~-2s C0~£ TH[ WE. ST 40 FEET OF THE NORTH 507 FEET ANO TH[ EAST 2,7 FE_rT OF THE SOUTH 51 FEET OF THE WEST 40 FEET OF THE FOLLOWING D£SCSUSED PARCcm.~ THE SOUTH I/2 Of' THE NORTH I/2 OF mE: NC~m[AST 1/4 Or mE SOUTHY~ST ~/4, ~SS THE WEST SO FT. ZT TH£R£0r, OF' SECTION 8. TOWNSHIP 50 SOUTH. KAI~G£ 26 EAST. SKETCH OF DESCRIPTION THIS IS NOT A SURVEY 16B12 16C 2 Date: To: From: Re: September 11, 1997 Marla Ramsey, Director Parks and Recreation Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Department of Environmental Protection, Florida Recreation Develoument Assistance Program Grant Agreement for Sugden Regional Park Enclosed please find two original agreements as referenced above, Agenda Item #16C2, auprovedby the Board of County Commissioners on September 9, 1997. Please forward the enclosed to the Department of Environmental Protection for the appropriate signature and kindly return one fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at: (8406). Thank you. Enclosures 16C 2 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECRKATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this ~ day of , 19~_~, by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE Page i of 13 that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEP~ has found that public outdoor recreation is the primary purpose of the project known as sugden Regional Park (Florida Recreation Development Assistance Program, FRDAP Project Number F95027), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvuents on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified for good cause by the DEPARTMENT= playground, swimming beach, play field, picnic facility, trail, landscaping, access road, fencing, parking and other related suppor~ facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000.00, which will pay the DEPARTHENT~S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: Type of Page 2 of 13 The PROJECT reimbureement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTM]DP~ amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Co~pletion Documentation, DEP Form 42-006, is submitted to the DEP~ by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development ProJec~ Commencement Documentation Form, DEP Form 42-005. 6. The GRANTEE shall comply with the Division of Recreation and Parks' Grant ar~ Contract Accountability Procedure, hereinafter called the PROCEDURE, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods a~d services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including required ~atching contribution, shall be reported to the DEPARTMENT and sum~arized on certification forms provided in the PROCEDURE. The PROCED(IRE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT Page 3 of 13 funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting require~ents. 7. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEP~ or until final resolution of ~atters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with Jurisdiction shall have the right to inspect and audit the GRANTEEtS records for ~aid PROJECT within the retention period. 8. PROJECT funds ~ay be reimbursed for eligible costs incurred by GRANTEE prior to execution of this Agreement if the GRANTEE has been gra~lted a written Waiver of Retroactivity by the D~.P~ and all applicable requirements have been satisfied. The DEP~ and the GRANTEE fully understand and agree that there shall be no reimburse~ent of PROJECT funds by the DEP~ for any obligation or expenditure made prior to the execution of this Agreement with the exception of $-0-, for: None 9. This A~reement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before . The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and Bust be made prior to PROJECT completion date. Page 4 of 13 16C 2' 10. The DEPARTMENT'~ Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this A~reement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. 11. All monies ex~ended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 12. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 13. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement inclu4es co~pliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will Page 5 of 13 include this provision in all subcontracts issued as a result of this Agreement. 14. The DEPARTMENT reserves the right to inspect said PROJECT and any arid all records related thereto at any reasonable ti~. 15. This ~/reement ~ay be unilaterally canceled by the DEPARTMENT in the ~vent the ~ refuses to allow public access tO all documents, papers, letters or other ~aterials ~ade or received in conJunc~ion with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this A~reement, the GRANTEE will be allowed a maximum of sixty (60) days to sub. it additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, fSllowing a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 17. The DEPARTMENT shall also have the right to demand a refund, either in whole or part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTKENT. Such refund shall include interest calculated at two (2) Percent over the prevailing prime rate as reported by the Federal ~erve on the date the DEPARTMENT calculates the amount of refund Page 6 of 13 16C 2. due. Interest shall bm oalculated from the dateis) of payment(s) to the ~ ~ the lS. The State of Florida's performance and obligation to pay under this A~ree~ent is contingent upon an annual appropriation by the Florida Legislature. 19. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes. 20. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% ~ust be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida DEPARTMENT of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of a&phalt and square yards to be paved. 22. Prior to final rei~bursement, the GRANTEE must erect a permanent infor~ation sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida DEPARTMENT of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication ~ust be recorded in the public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if Page 7 of 13 16C 2 on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum period of twenty-five (25) years from the ccn~pletion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and developed with FRDAP funds, shall be managed as an public outdoor recreation area for a ~ini~u~ period of twenty-five (25) years from the co~pletion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than DEPARTHENT approved public recreational uses, the GRANTEE shall replace the area, facilities, resource and site at its own expense with a project of comparable scope and quality acceptable to the D£PARTMENT. In lieu of accepting a replacement facility, resource or site, the DEPARTMENT may require return of all FRDAP funds with applicable interest. 24. The e~ploy~ent of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly e~ploys unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. Page 8 of 13 16C 25. NO person on the grounds of race, creed, color, national origin, age, sex, Bari~al status or ability level, shall be excluded from participation in~ be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 26. This A~reement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the Judicial branch, or a s~ate agency. 27. Any local goverr~ental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the a~ounts received exceed $100,000, have an audit ~erformed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) If the a~ounts received exceed $25,000, but do not exceed $~00,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the a~ounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to Section 215.422, Florida Statutes, the DEP~'s Project Manager shall have five (5) working days, unless Page 9 of 13 otherwise specified herein, to inspect and approve the services for payment. The DEPARTMENT ~ust submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days~ and the DEPARTKENT of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated fro~ the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirement~ do not start until a proper and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who ~ay be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with Section 215.422, Florida Statutes, t~e DEPARTKENT shall pay the GRANTEE, interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Co~ptrollerts Me~orandu~ No. 3 (1996-97) dated December 3, 1996, has been set at 10.0% per annum or .02740% per day. TI~ revised interest rate for each calendar year beyond 1997 for which the term of this Agreement is in effect can be obtained by calling the Page 10 of 13 DEPARTKENT of Banking and F£nance, Vendor Ombuduan at the telephone number provided above or the DEPARTMENT fs Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime Bay not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and Bay not transact business with any public ~ntity in excess of the threshold amount provided in Section 287.017, Florida Statutes, or Category Two, for a period of 36 months fr~m the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement is not intended nor -.hall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement Bay be reduced should the Governor rs Budget Office declare a revenue shortfall and assess a landatory reserve. Should a shortfall be declared, this Agreement Bay be reduced by the sa~e percentage as the DEPARTMENT is assessed for the Bandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they Page 11 of 13 have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 12 of 13 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEP~ OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY Division of Recreation and Parks Title: Bureau of Design and Recreation Services 3300 Santa BarbEra Boulevard Division of Recreation and Parks 3900 Commonwealth Boulevard Mall Station 585 Tallahassee, Florida 32399-3000 Approved as to For~ and Legality: This for~ has been pre-approved as to form and legality by Gary L. Heiser, Assistant General Counsel, on May 14, 1997, for use for one year. Grantee "-"Attorney~, ~_) *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county ~ust accolpany the contract. DEP 42-058 Revised 06-11-96 Page 13 of 13 16D 1 Agreement Number: ..... AGREEMENT BETWEEN T}{E STATE OF FLORIDA DEPARTMENT OF CO~ggJNITY AFFAIRS AND (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Cocmm~nity Affairs, hereinafter referred to as the "Department- and Collier County, hereinafter referred to as the "Cotn~ty.. WITNESSETH: This Agreement is entered into based on the following facts: WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and WHEREAS, the 1997 Legislature authorized funding to support county hazardous materials emergency planning through the Department. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ;%RTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. .! ARTICLE COMPENSATION AND FINAN¢IA5 REPORTING REQUIREMENTS 160 1 A. %~nis is a fixed fee Agreement. The County shall be paid for the satisfactory performance of the Scope of Work referenced herein, in the amount not to exceed $21,299, subject to any reduction or adjustment imposed on state appropriations pursuant to law. B. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is submitted, and determined to be acceptable by the Department. Absent any extenuating circumstances, work submitted after August 1, 1998 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extentions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice using Attachment C. The Financial Invoice (Attachment C) shall be signed by the County Emergency Management Director or an official designated by the director. No request will be processed until the Financial Invoice is correct and supported by a product which meets the requirements of Article IV, AttacPn~ents A, B and D, and this Article. E. If the Department finds that the County is not in co~liance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then, without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by certified mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to perform in accordance with the Scope of Work herein or failure to submit timely, accurate and complete products required under this Agreement. F. The Department shall i,~uediately notify the County by certified mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. ARTICLE III. AUDITS A.ND RECORDS 16D 1 The County agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. To allo~ ~blic access to all documents, papers, letters or. other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. It is expressly understood that the county's refusal to co~g~ly with this provision shall be grounds for unilateral termination of this Agreement by the Department. C. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of three years after the termination date of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. ARTICLE IV. REPORTING REQUIREMENTS AND MONITORING A. The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Ul~on request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. Within thirty (30) days of the execution of this Agreement, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, and telephone number. The County shall also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO DOS, Chemdata, etc.). The Department reserves the right to approve, or disapprove, software to be used to generate hazards analyses. ARTICLE V. TERMS OF AGREEMENT 160 1 A. This ~ree~ent shall begin c~ the last date of si~ning and shall end on September 30, 1998. B. Either party may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, or may terminate this Agreement without cause by giving thirty (30} days notice to the other party. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. C. The Department may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to sul~port the conduct of site-specific hazards analyses and hazardous materials emergency m,xnagement activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreeraent. ARTICLE VI. MODIFICATIONS Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of performance. Such modifications maybe proposed in writing by either party and becc~ne effective upon being reduced to writing executed by both parties. All requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ARTICLE VII. SUBCONTRACTS A. If the County subcontracts any of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. All subcontracts shall be subject to the approval of the Department 4 1 B. The County agrees to include, unless prohibited by law, in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever nature by the subcontractor arising out of the performance of work under the subcontract. ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Acjreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-800-848-3792. ARTICLE IX. STANDARD CONDITIONS The County agrees to be bound by the provisions included in the Standard Conditions attached to and incorporated by reference in this Agreement. [The remainder of this page has been intentionally left blank.] 5 16D : TERMS AND CONDITIONS This Agreement and its r~erenced altachngnts constitute ail the terms and conditions agreed upon by the parties. IN WITNESS WltEREOF, the panics hereto have executed this Agreennnt as ofthe date written below. FOR THE COUNTY: COLLIER COUNTY TIMOTHY L. HANCOCK, Name/T~de FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: _~ Name/Thle Date: Feder~ Employer ID Number 6 STA~PARD CONDITIONS 16/} 1 1. The S~ate of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement, unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. 3. Ail bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. 4. All bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 122.061, 5. The Department of Co~m%u~ity Affairs reserves the right to unilaterally cancel this Agreement for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the County's annual financial audit should be forwarded to: Department of Co~m~nity Affairs Office of the Inspector General 2555 Shumard Oak Boulevard The Sadowski Building Tallahassee, Florida 32399-2100 7. Pursuant to Section 216.347, F.S., the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. 8. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the I~igration and Nationality Act ('INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the 7 160 1 Recipien~ of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 9. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not sutm~t bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [The remainder of this page has been intentionally left blank.] ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS 160 HAZARDOUS HATERIALS SITE-SPECIFIC HAZARDS ANALYSES Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in Attachment D. The primary guidance document is the 'Technical Guidance for Hazards Analysis.' All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. Activities to be carried out at a minimum are as follows: TASK l: ~ Ao Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency Response Commission (SERC) that they have present those specific Extremely Hazardous Substances (EHSs) designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPO). It is required that each Attachment B facility be contacted by survey, telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to the following items: 1. Hazard Identification a. Location of the facility and SERC Code b. Chemical identities Co Type and design of storage container or vessel do Maximum quantity on-site and amount in largest vessel (or interconnected vessels) e. Nature of the hazard f. Transportation routes to the storage facility 9 Bo 16D Provide evacuation route directions from the Yulnerable Zone {VZ} based on wind direction. 1 2. Vulnerability Analysis The extent of the Vulnerable Zone (VZ) that may be affected given a worst case release scenario. This analysis includes a map and a North arrow with a specific scale (bar, numeric or word) which clearly identifies the site and VZ boundaries and, where necessary, an awareness of contiguous states or counties that would be affected b~ a spill or release. Identification of critical facilities or sensitive institutions located within the VZ and an estimate of each critical facility maximum expected occupancy. An estimation of the total exposed population within the VZ. (This total should reflect the combined total of critical facility maximum Ix~ulations plus the residential/commercial population within the VZ.) 3. Risk Analysis a. Probability of release b. Severity of consequences of human injury Co Severity of consequences of damage to property Severity of consequences of environmental exposure e. Historical Accident Record Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. Facility is not physically located in the County (indicate appropriate county location, if known). 10 16D Facility does not have EHSs on site or E~Ss are below TPQ. These facilities require: A Statement of Determination from the facility representative for the previous reporting year; and A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQo The following includes, but is not limited to, activities to be performed under this Agreement: ao Notification of the County's contact person, address and telephone number and software utilized within thirty days of the execution of this Agreement, as outlined in Article IV. Submission of one completed hazards analysis by December 31, 1997 for review for consistency with the established planning criteria. Participation in a technical assistance training session provided by the Department of Coernunity Affairs is necessary to fulfill the Scope of Work. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances as designated by the Environmental Protection Agency in quantities at or above the Threshold Plarnling Q~antity, but have not reported to the State Emergency Response Co~nission and are not included on Attachment B. Notify response agencies within the county bf the availability of hazards analyses information and make information available upon request. TASK 3: ~ A° Conduct a detailed on-site visit for at least 35 percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 1). Prioritize the facilities to be visited based upon the following criteria: New facilities as evidenced by the 'Date Notified' column on Attachment B. 11 160 Facilities no= visited during the previous contract year. Note: It is encouraged that each Attachment B facility receive an on site visit. This will allow for the achievement of the 100 percent on site visitation goal desired by the State Emergency Response Commission. Sutxnit a site plan map of the location of BliSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. I~cation of container(s) of EHSs Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale hist facilities on Attachment B for which an on-site visit was performed 35 percent). TASK 4: ~ Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Ao The first payment of 20 percent of the fixed fee amount may be made within thirty (30) days of the execution of this Agreement dependent upon receipt of items listed in Article IV.B. of this Agreement. After the initial payment, the payment percentage will be made on a performance basis that is co~ensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C Financial Invoice. Co Twenty-five percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, within the time frames provided in this Agreement. 12 ATTACHMID~ B 160 (]9'i;. 09t ~ 09~ I 09]~ '!: 091: 0912 eT'~T.T./XeT;:)T~;O pazT,.zo-q:~r~ ;o ~anueu~STS paTTTq aT4~ ~aTT~c[ ptre aSpaT~ot~[ /~a ;o ~,sac[ aq~ ol ~eq~ X~;T~ao T /.q pe:~e'[d,ec, a eq o~.) ( x'e',d $ {'x"~14 .%OZ:) ~,uTTamT.T. I~ l=eluoD '1: ~L~ JC8 ~3IOAXI 'IYI3~I~ u~ pa~s$I A~$Ito~ qoea ~o~ uo~eu=o~u~ 6ut~OlIO~ eq~ 9~ £I Aan~uI umunH ~o saouonbosuoD Io A~I=oA~S '~'~ A=o~st~ e ~pnlout plnoqs suotl~PtSU°3 'ststlvu~ ~sealo~ 1o A~llsqeclo~ 'I'~ STSAleU~ ~slH '0'~ ao; saaAolclma 1o aaclumu oqn 1o a~vtu$lsa ue 'ZA oql uTq~TA UOTQeTnclod tunmlxeul sal~lllOe; iv~l~$~ 1o IelOl p~uTqmo~ 09t rJ6D 4' RESOLUTION NO. 9%349 A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES TO BE INCURRED AT THE OCTOBER 26, 1997, COLLIER COUNTY EMPLOYEE PICNIC. WHEREAS, Collier County Ordinance No. 87-5 allows for thc expenditure of County fun~ to enhance County employee productivity, promote and generate good will toward County government in the community, and to encourage increased employee responsiveness to the needs and requests of the citizens and residents of the County; and WHEREAS, Ordinance No. 87-5 requires that the Board adopt and implement a Resolution setting forth the specific purpose of expenditures incurred pursuant to the Ordinance; and WHEREAS, the Board, through its staff, is planning a picnic for Collier County employees and their families in recognition of outstanding service to the community by Collier County employees; and WHEREAS, thc Board hereby seeks to approve the expenditures for the picnic and to find that they serve a valid public purpose; and WHEREAS, the Collier County Clerk of Courts has conferred with the County Attorney's Office regarding the need for clarification about the specific expenditures which the Board of County Commissioners intends to approve as serving a valid public purpose, even if the expenditures are not covered by the exact expenditure categories set forth in Collier County Ordinance No. 87-5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The expenditures in the amount not to exceed $7,000.00 for the Collier County employee picnic to be held on October 26, 1997 are he~'eby found by the Board to serve a valid public purpose and ar~ also hereby approved. The specific expendittm~ hereby approved ar~: Tents Clown Bounce House Cotton Candy Machine Snow Cone Machine Piflata, Candy Food Catering Printing Drinks Grand American Games Brownies Generator Rental Band Cups Pony 160 2. The Board of County Commissioners hereby authorizes the disbursement of fimds not to exceed $7,000.00 to pay for said exp~ditures. This Rc~olution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMIV[ISSIO~ OF COLLIER COUNTY, FLORIDA Approved as to form md legal sufficiency: Chief Assistant County Attom~ BOARD OF COUNTY COl~SSIO~ MISCELLANEOUS CORRF~PO~CE SEPTEMB~ 9, 1997 6GI ho Bo Co Port of the hlands Commuuhy Improvement District - Oeneral Purpose F/nancial S~ for Y~ar Ead~ 9/'50/96 aad ~! Auditors' Repor%/nclud/~g Manag~ne~t Leller m~d Response to Maaag~ Letler for Year Ended 9/30/96. Cow Slough W~,er Control District - Ammal Ivmami~ Report - September 30, 1996; sffid~vit of publiemion pmvid~ meeting dates for fiscal year 1997/199~; Maxch 27, 1997 ~ead~ sn~ mi~u~ ami ~ ~ for the March, 1997. North Naples Fire Control & Rescue District - Getm'al Purpose Financial Naples Heritage Community Developtm~ District - district map; minutes of May 19, 1997; April 28, 1997 and February 24, 1997. Heritag~ Greem Community Development Di~et (fica Dove Pointe) - General Purpo~ Financial Statement - Year Faxled 9/30/96. Fiddler's Creek Community Development District - Fiscal Year 1996 - Annual Financial Report of Units ofLocal Govenmmm Resolution 954. South Florid~ W~'r Mmmgement District - Suae 27, 1997 sg, emta; Oath of Office - Alan Korest; agendas for M~ 14, 15, ,luae 11, 12, .luly 9, I 0, August 13, 14, 1997 a~eada; aad minutes of April 9, 10, May 14, 1~, June 11, 12, Suly 2, 9, I0, 25, 1997. fiscal year ended 9/30/96. The "Errors and Insolvencies" list for tax year 1996 - Guy Carlton, Tax Collector. AGEND.~ X~EM NO o---LI~..~-~- SEP 09 1997 MEMORANDOM Misc. Correspondence Agenda Dat~ Agenda Item ~.~ TO: FROM: DATE: RE: ~ o~ Ihe Circ~ C,o~iF~ance Department ^ugu~t 22, 1997 M~ ~. ~ Please place the fo~ It~ on the next available BCC agenda and call me st extension 8350 with the date and Miscellaneou~ Co~ agenda ita'n number. 1. Fh. lmuant to Florida Stalutes Sectio~ 189.415, 189.416, 189.417 and 189.418, the ~ of the ~ c_,omnxx~ ~mpmvemem Dt~~~ fom~ng: (~ . (c) ~ Purpose Financial Statements fo~ Year Ended 9/30196. (d}-Management Lelter and Response to Mana{~e-~ent Letter for Year Ended 9/30/96 Then~ ~isc. C0rres: Date: Item# Copies To: 1 PORT OFT HE ISLANDS COMHUNITY IMPROVEMENT DISTRICT GENERAL-PURPOSE FINANCIAL STATEMENTS YEAR ENDED SEPTEMBER 30, 1996 AND INDEPENDENT AUDITORS' REPORT ~sc Corr~ Date:. Item/~ Copies To: PORT OF THE ISLANDS COMMUNITY IHPROVEMENT DISTRICT TABLE OF CONTENTS YEAR ENDED SEFTEMBER 30, 1996 16 '1 Independent Auditors' Report General-Purpose Financial Statements: Balance Sheet - All Fund Types and Account Groups Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Statement of Revenues, Expenses and Changes in Retained Earnings - Water and Sewer Enterprise Fund Statement of Cash Flo~s - Water and Sever Enterprise Fund Notes to Financial Statements Auditors' Report on Compliance with Lavs and Regulations Auditors' Report on Internal Control Structure Auditors' Management I~tter Management Rebuttal Letter 2 o 3 7 9 - 16 17 18 - 19 20 - 21 22 SUPPLEMENTARY DATA Water and Sewer Enterprise Fund: Schedule of Revenues and Expenditures - Budget and Actual (Budget Accounting Basis) Debt Service Fund and Capital Projects Fund: Schedule of Cash Receipts and Disbursements - Restricted Accounts 23 Hock, & Zrro v criqTllrlrD pUILIC ACCOUNTANTS 16G December 13, 1996 1 The Board of Supervisors Port of the Islands Comnuntcy Improvement District Naples, Florida Ve have audited the accompanying general-purpose financial statements of Port of the Islands Comnn~nicy Improvement District ss of and for the year ended Sepcember 30, 1996. These general-purpose financi·l statements ·re the responsibility of the District's management. Our responsibility is Co express an opinion on these general-purpose financial statements based on our audit, Ve conducted our audit in accordance rich generally accepted auditing standards and Government Auditing Standards, lsstmd by the Comptroller Ceneral of the United States. Those standards require that ve plan and perfor~ the audit co obtain reasonable assurance ·bout vhscher the general-purpose financial 'statements are free of material miser·cement. An audio includes examining, on a test basis, evidence supporting the amounts and disclosures in chi general- purpose financial sc·tenants. An audio also includes assessing the accounting principles used and signif£canC escfemtes made by management, ·s veil ·s evaluating the overall general-purpos· financial statement presentation. Ve believe that our audio provides · reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred co above present fairly, in all aacer£al respects, the financial position of Port of the Islands Community I~proveaenc District, as of September 30, 1995, and the results of irs operations and cbs cash flora of ice £ncerprise Fund for the year then ended in confornicy rich generally accepted accounting principles. In accordance rich Coverruesnc Auditing Standards, ye have also issued a report dated December lB, 1996 on our consideration off Port of the Islands Con~runity Improvement District's internal control structure ·nd · report dared December lB, 1996 on irs compliance v£ch lays and resulacions. * 2 - Port of ~he Islands Comsunicy Improvemen~ Distric~ December 13, 1996 Page Two 16G 1 Our audit vas sade for the purpose of forming an opinion on ~ha general-purpose financial statements taken as · whole. The schedules listed in the table of con,enos are presented for purposes of add~tional analysis and are not · required part of the general-purpose financial statements of Port of the Islands Conmunl~y Improvemen~ Dlstric~. Such information has been subjected to ~ha auditing procedures applied in the ·udl~ of the general-purpose financial statements and, in our opinion, is fairly presented in all material respects in relation ~o the general-purpose ~tnancial statements taken as · whole. Certified Public Accountants - 3 - Hoc~ F~.a,r & ZVO~AW, CPA's 16G -A- Hoca, ~ & Zuo~', CPA's PORT OF THE ISLAI~$ COt~I~ITY IHI'RO~ DISTRICT STATZHENT OF REVEIlle, EXF~DITURF..S A~FD CHA~¢L~ IN FUND TEA~ ENDED SEFTEH~, 30, 199& REVEI~TUES Special assessments Total Revenues EXPE~ITURES Curren~ General ¢overrn~nt Personal services Operating Total General Govern~enc Flood Control Personal services Operac£ng Total Flood Control Debt Service Princ£pal Total Debt Service Capital Outlay Total Kxpandimres EXCESS OF REVENUES OVER EXPENDITURES Fund Balances - Bes~nning of Year (Note &) Residtutl equ£cy transfer (No~a 2) FUND BALANCES - END OF YFAR Debt Cap£cal $213,990 $ 793,784 4,200 43,525 225,000 Totals (H~morandu~ $1,0070774 4,200 43,528 225,000 35,387 37.626 1,129 74,142 183,253 971,677 $1.009.303 (25.03&) $193.606 61,709 1,216,639 (25.036) $62.838 ~26517A7 The eccompany£ng nocee are an integral parc - 5- Hoca, ~ & Zuo~t~w, CPA's PORT OF ~ ISLANOS COI~II~ITY IM~ DISTRICT B~ ~ A~AL ~ ~ DEBT S~VICE ~S ~ ~ SZ~ 30, 1996 Special assessments Interest Total Revenues Variants Favorable/ Variance Favorable/ $191,313 $213,990 $1~,607 $7&1.922 $ 793,75~ 51,862 EXPENDITURES Current General Government: Personal services Operating Total General Government &, 80O &, 200 600 -0- Flood Control: Personal services Operac£ng Total Flood Control Debt Service Principal Interest and fees Total Debt Service Total Expenditures EXCESS OF REVENUES EXPENDITURES &8,616 &3,528 (38.629) 35,387 5,088 215,000 225,000 (10.000) 76.016 (9,675) 37,626 67.301 Fund Balances Beginning of Year 183,253 183,253 -0- 971,677 971,677 -0- Residual equity transfer -0- FUND BALANCES - END OF YEAR The accompanying notes are an integral parc of these financial statements. - 6 - Hoc'a, l~'~'r & Zuo~, CPA'm l'O~T OF ~ ISLt/~$ COE~U~I~ I~I'ROVD~ DISTRICT TZA~ E~ZD SEFI'D~ZR 30, 199& OPERATING REV~NUF~ Charges for services 1,~acer Sewer Meter faes Ucill~y avallabLl~ Total ~eracing 0P~TING P~rso~l s~ic~s ~rials, suppli~s, a~ s~icss D~preciscion Total ~eracing ~e~es ~erating NONOP~TINC ~~ In~eresK ea~lngs N~ INC~E/(~SS) Ra~ained Earnings - ~gi~ing of Yaar Add Depreciation Closed ~o ~ncrl~ced Capital R~AINED ~INGS 71,764 67,995 13.669 48,003 224,588 410.743 (127,955) 763 (127,192) 442,637 ~436.609 The accompanying notes are an integral part of these financial statamencs. - 7 - Hoc~ F~a~r & Z~ro~,w, CPA's t6G 1 PORT OH THE ISLARD$ COHHURITY ~DIST~ICT STATEmEnT OH CASH FLOGS YEAR ENgEI) $£~"E~E~ 30, 1996 CASH FLO~S FROffOPEEATIRGACTIVITIES Operating loss Adjustments to recongile operating lose to net cash provided by operating activities: Depreciation (Increase)/decrease in assets: Accounts receivable Prepaid expenses Increass/(dacrease) in liabilities: Accounts payable Customer deposits Total AdJusCaents NeC Cash Provided By Operating Activities CASH FLOWS FROM CAPITAL AIqD RELATED HINANCING ACTIVITIES Contributed capital Purchases o~ equip~ent Net Cash Used In Capital and ~laced Financing Activities CASH F~)V$ ~OK INVESTINCAC~VlTIES Interest earnings Cash aC Beginning of Year CASH AT END OF I~.AR $138,152 13,838 (2,085) (1o256) 3,080 NONCASH INVESTINC, ~AI'ITALAgl) FINANCING A~IVITIES Liability Du~ fro~ Vacer and Se~er Fund co General Fund reduced by pernmnenc transfer into contributed capital. ~(127,955) 23.084 (SO0) 23,347 The accompanying notes ara an integral part of these financial acacenencs. -8- Hoc~ F~ax & ZaO~AX, Clm~'s PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 1 - REPORTING ENTITY Port of the Islands Co~nity Improvement District (the District) was created September 16. 1986 by Ordinance 86-6& of the Board of County Commission~rs of Collier County, Florida, pure.nc co the authority of S~cclon 190 of ch~ ~lorl~ ~tl~utss for ~h~ pu~os~ of ~scabllshing ~nd ~aincaining s v~r smd s~w~r syscom, ro~d smd drsl~g~ systems, ~nd ocher systems and facllict~s as provided tn chic statute. governed by · flvs-~r Board of Sup~lsors. Board s~mb~rs s~ four or cwo y~ar ~s ~lch ~r~ s~g~r~d such ac ch~ landware' ~cing h~ld sv~ ~o y~srs. responslblll~ for ill financial actions and the Discric~ receives no financial s~orc from ocher gove~encal encicl~s. ~e District sends certain r~porcs co ~llilr Coun~ Jnd vJrious dep~rc~encs of the Scare of Florida. H~ver, the So~rd of Supe~isors of Port of ch~ lslJn~ Co.unity I~r~sNnc District his legal, financlil ~nd autonomy with r~sp~cc co the county and scare. Ail activities of the District are IKl~d In chi funds described In Note 2 below. NOTE 2 - SUHEARY OF SlGNI~'ICtI~ ACCOUITrlNG POLICIg$ The accounting policies of Port of the Islands Co~municy Improvement District conform to the generally accepted accounting principles (GAAP) as applicable to gover~sents. The following is a sumaary of the note significant policies: COVERNHZ~AL FUND TYPES GENERAL FUND The General Fund is established to account for all financial transactions not properly accounted for in another fund. DEBT SERVICE FIIND The Debt Service Fund is used co account for the accumulation of resources for, end the payment of, general long-term debt principal and interest. CAPITAL PROJECTS FUND The Capital Projects Fund ia used Co account for financial resources used for the construction of flood control facilities and related land improvements and those constructed for the water and sewer system. - 9 - Hoc~ Fma-r & Zvo~x, CPA's PORT OF THE IStAI~S CONHI~I~ IHPROVEHENT OISTRICT NOTES TO FII~ANCIAL STATEHENTS SEPTEHBER 30, 1996 NOTE 2 - SUN/~Y OF SIGNIFICANT ACCOUNTING POLICIES (CONTII~ED) I~I~IETAR¥ FUND TYPE WATER AND SEVl!lt ENTERPRISE FUND The Water and Sewer Entarprisa Fund is established co account for activities chac are financed and operated in a ~anner similar to private business enterprises. The costs of providing services to the general public are recovered primarily through user charges. ACCOUI~T GROUPS CENERAL FIXED ASSETS AND GENERAL LONG-TERM DEBT The general fixed assets and general long-cern debt self-balancing groups of accounts are used solely to account for the long-tarn assets and liabilities that are not properly accounted for in the Governmental Fund~. Purchases and sales of long-cern assets are recorded as expenditures and revenues in the ¢overr~ental Funds. Maturities of long-tern debt principal are recorded as expenditures in the Debt Service Fund. All property and equipmnt, including public domain general fixed assets (such as roads and canals) are recorded aC cost. Those assets purchased by and timed in the general operations of the District are accounted for in the general fixed assets group of accounts. No depreciation has been provided on general fixed assets. Donated fixed assets are recorded on the books at the estimated market value at the data of donation. Construction in progress on the water and sewer system is accounted for in the general fixed assets account group. Upon evidence of completed construction, these icama ara transferred to the Vacer and Sewer Enterprise Fund. These two eccounC groups are not "fund.s". the measurement of finar~ial position. measurement of results of operations. They are concerned only rich They are mdc involved rich 10 - Hoc~ F~r & Zuo~.,r, CPA's TO FINAI~CIAI, STATEMENTS S£1'TEM~It 30, 1996 NOTE 2 - SUMItARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINII£D) E~,~L:'RP~ISE FUND FIXED ASSETS Those assets placed in service by end used in the uclli~ias operations are accounted for ac cost in the Enterprise Fund. Depreciation has been provided over the esci~ced useful lives using the straight-line method. Estimated useful lives tense from 5 co 50 years. Construction period costs such aa bond discounts, finance end ad~in/scrative costs have been capitalized. Donated fixed assets are reported ac their estimated fair value on the dace donated. TOTALS - (HEHO~ ONLY) COLIJHNS The totals columns on the financial statements are captioned 'Hemorandu~ Only' co indicate chic they are presented only co facilitate fin~ncial analysis. Dace in these columns do hoc present financial position, results of operations, or cash flovs in confor~ityvich generally accepted accounting principles. Neither is such data co~parable co a consolidation. Interfund elimirmcions have hoc been made in the aggregation of chis dar&. BASIS OF ACCOUI~ING The Coverr~s, ntal Funds are accounted for using the modified accel basis of accounting. Revenues are recognized vhen they become measurable and available for use. Property taxes (special assessments) are recognized in the year they are billed and collected. Expenditures are generally reco~nized~hen the liabili~ is l~urred, except Chic in~eres~ payabl~ on g~naral long-c~ dabc is r~co~iz~d only when d~. Accord tncsrns~ on general long-c~bc, hoc r~fl~cc~d In ~has~ scac~s~ncs ac September 30, 1996 ~as ~226,313. ~e ~ac~r and S~wsr inc~U~ls~ F=d using chi accel basis o~ accounting. Rsv~s arn recognized ~n earned a~ expense are rscojnizad when l~u~d. In accounting and reporting ~or ice ~acer and Sever ~d, the District applies all applicabl~ F~B pro~c~n~ncs issued on or before Nov~ar 30, 1989 chac do hoc conflict rich or concradic~ C~ pro~cs~n~s. accounting applied co ~ach Govn~encal F~d ~dgnc Is blsis utilized by each r~sp~ccive f~d. ~ ~ace~ and Fund b~gnc is no~ C~P blsis a~ is presented only in ~h~ acco~anyin$ suppl~nenca~ dace. - 11 - Hoc~ F~r & Zuo~,w, CPA's 16G 1 PORT 0£ ~ltE ISLPJ~$ ~ITY ~ENT DISTRICT sgFrZ~llt 30, 1996 NO~E 2 - ~Y OF SIGNIFICAK~ ACCOUNTING POLICIF. S (CO~TINU£D) BUDGETS On Ausmst 17, 1995, the District adopted the operatin~ budEets for cha current year. The Capita~ Projects Fund vas hOC budseted. Unaxpended balances expire ac year end. The District does not use forest encumbrance accounting. L~&sl budgetary control is exercised at the program (total expenditures) level. The budget overexpendicure in the Debt Service Fund consists of principal paid fron prepaid assessments vhich is required by the bond imbncure and sccordinjly is not contrary to lay. ACCOUNTS RECEIVABLE Accounts receivable reflected in the ~ater and Sever Enterprise Fund consist of ch~rges co cuscomrs for service and availability. Nan~jenenc is making all reasonable efforts to collect receivables. Hoverer, accounts totaling ~&8,531 are over ninety d~ys old. ~ co scam~o~ a~ ocher controls In place, ch~ accounts ar~ entirely coll~ccibla. Uncertainty as co ch~ ~ce(s) these ~ncs viii be collected preclu~s ·ny re~so~bl~ ~jci~cion ol chi current present v~l~. Accordingly, no allowance for realizable value is i~l~d in chase fiuncial statements. CONTRIBUTED CAPITAL Contributed capital inoluges a non-routine transfer of residual equity fro= ~he Central ~; eater, s~ver, a~ l~ljlcion ~r~e~nCs ~ certain c~c~r chrg,s r~l~c~d directly co ch~ cost of acquirin~ capital assets. Cash ~1~ shortages in recent years in ~ V~cer a~ S~ver F~ have been s~porced by a~a~eJ fr~ the G/~rll ~d. In c~ cu~enc year, ~ ~ard of S~e~isorJ approved a $25,03G p~m~nc r~sid~l equl~ cra~f~r fros the G~nerJl ~ co ~e Vacer a~ S~ver ~. I~r~esencs ire co~c~ced in ch~ Capital ~oJecCJ ~a~ Cra~f~ed fro~ G~neral Fixed ~J~cs co the ~ce~rise ~ ~en c~lece. ~e consc~ccion Is fi~d by Special ~sessNnc Bo~ a~ ~e ~ss~c transfers co ch~ Ence~ris~ ~nd are Jcc~ced for as concri~c~d capful. ~e portion of ~cec ~e fees ~q~l co the cost of s~cers l~called is incl~d In concci~cad capital. Depr~ciacion on ~cers a~ contributed uclll~ l~r~ncs is a r~ducCion of (closed co) contributed capital instead of reCai~d ea~lngs. - 12 - Hock. F~aY & Zvo)r-w, CPA's lOitT OF THE ISIAI~S COflMUNITY IMPROVEHENT DISTRICT TO FINANCIAL STA~S SEF~MB~ 30, 199& NOTE 2 - SUMMARY OF SIG1TIFIO~T ACCOUNTINC POLICI£S (CONTINUED) CONTRIBUTED CAPITAL (Concim~ed) The following is a schedule of changes in contributed capital: Equity Transfer Meters T~vrovemenCs Total Balance-Beginning of Year $ -0- Additions 25,03G Depreciation $3,61S $~,589.73S $&,593,356 3,080 -0- ~ (120.763) fl21.16~) BALAN¢£-i~ID OF YEAR PROPERTY TAX CALENDAR ($F£CIALASSZSSMEI~'S) Assessments are validated with the Collier County Property Appraiser and collected by the Collier County Tax Collector. The key dates in the property tax cycle are aa follows: Precedint Fiscal Year Enforceable lien date Assess~nt roll validated Assess~nts levied January 1 July 1 August 17 ~urrenC Fiscal Year Beginning of fiscal year for which assessments h~ve been levied Assessnen~ bllla rendered Assessment du~ date Delinquent tax lien Tax certificates sold October 1 November 1 March 31 April 30 June 1 NOTE 3 - CASH AND INVES'I'HEI~S Florida Statutes provide that the District ~ay deposit its public funds in the Florida State Board of Aa-iniaCration Local Coverrusenc Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All cash deposits are classified as fully insured. The lggO Bond Resolution provides that the District ~ay invest debt service funds only in U.S. Treasury obligations, repurchase agreements (if the trustee cakes possession of the tmdarlyin& collateral), or cercl£icaCes of deposit ac qualified banking insci~utions. All deposits end investments during and at the and of the year were in co~pliance with statutes and the bond resolution. Amounts ara reported ac cost which approxi~acea ~arkec value. - 13 o Hocks, F~aw 8, Z~o~w, CP~'s 166 PORT OF I~E ISLANDS CO'UNITY ~ DISTRICT ~ TO FIHAN¢IAL STATZHENTS SZFTERSZR 30, 1996 NOTE 3 - CASH A~D I~*THZ~TS (Continued) The following is a schedule SepteBber 30, 1996: Insured - FDIC. Insured - Local Covernment Inves cmenC Fool Hutual Fund backed by U.S. Treasury Securities held by and registered to the bond trustee of the District's .. Cash $85,166 cash and investments aC $ 7S,362 Restricted Assec~ $10,273 851,961 U.S. Treasury Securities held by the bond trustee and registered Co the District ~ , Tocale (Ma~or~u~ Only) $$~.166 ~I.I~S,6G0 ~10.27~ The Vacer and Sever Enterprise Fund aaincains amounts of cash restricted flor the purpose NOTE 4 - Future repairs and ~mincermnce $ 5,000 Cuscoaer deposits ~ Total Restricted Cash $10.273 PROPZRTYAND F.~JII~IENTAND FRIOR P~IOD~U~ During the preceding fiscal year, the District conducted construction off a project chac involved cost sharing rich the primary developer. The Developer made a deposit into an escrow and the District paid the developer's share of cormCruccion costs in the a~unc of $7,689 fro~ the Capital Projects Fund and reported expenditures vhichunderscaced Capital Projects Fund balance. The District also reported additions Co general fixed assets vhich overstated improvements ocher chart buildings. During the current year, the District collected cash for the developer's share of constt'uccion. - 14 - Hoc~ Fzr/& Zuo~i3. CPA's ~ORT OF THE ISLARDS ~ITY IHFROVEHENT DISTRICT · OTES TO FIRA~CIAL STATEHERTS SEIVl~ER 30, 1996 NOTE ~ - I~OP~TY ~ EQUI~ A~D l~tlOR ~tIOP ADJUST~E~r (Concfnued) The follovin~ ie ~ ~ch, dule of ~dJu~c~nc~ co ~=ounce previously reported and chan&es in ~ermr~l fixed Balance-Beginning of Year: As previou~ly repot:ed Co~c adJu~J~nc A~ re~ca~ed Assets acquired BALANCE-KNDOFYEAR Ceneral Flxed AsseCe l~provesenCe Ocher Than Buildings Capital Projects Fund Fund Bela~co $1,634,373 $54,020 (7.689) 7.689 1,626,68& ~61.7Q9 $1.628~08& The folloving is a schedule of changes in enterprise fund fixed assets: ~aCer ind Sewer Enterprise Fund InprovenenCs Ocher Than ~ Total Balance-Beginning of Year Assets acquired ~90,&80 BAIANC£-~OF~ $90.&S~ Accumulated Depreciecion: ~5,235,631 3.ss9 3.s~9 $5.235.631 $1&.&60 $5.3&0.571 Balance - Beginning of Year Additions BALANCE - ~ OF YEAR NET PROPERTY A~D F,~JII~E~T ~326,666 137.527 $464.193 $3,849 625 ~4.474 330,515 468j667 $4.871~90& - 15 - Hoc~ Filet 8, Zvo~w, CPA's PORT OF THE ISLA~S COHNI~IqI~ IRPROVEHKNT DISTRICT NOTES TO FINANCIAL STATEHENTS SEFTE~ER 30. 199~ NOTg ~ - BOb'DS PAYABLg Special AssesMnC Bonds Series I990 vere issued October 25, 1990 in the ~ounC of $7,000,000 Co firmflce the ~c~ilicion. c~c~ccion t~callaci~ of ~ Discricc'J Vacer ~geMnC System a~ Vicar and Sever System. ~e DtJCricC c~e~ncJ co le~ ~ecial aJJeJs~ncj In ~ouncs a~ce Co pr~ide for pa~nC of ~bc se~ice and rese~e requirik~CJ. Mnlr, p~nc of prl~tp~l ~ lnCeresC on the bon~ depen~nc ~ c~ ~y nailable In ~e ~bc Se~ice ~c~cJ a~ the Dlscrtcc'J ~tll~ co collecc special IJJlJMncJ levied. p~ylblt on ~ first ~y of each ~y a~ N~er ac a race of 9~ per am. Special IJJlJ~ ~ ~l prepaid in p~rc or In ~ole option of ~ lair. ~ the ~xc i~cireJc p~c ~ce afce~ special asseJJ~ncj a=l prepaid, the DiJcricc is re~ired co ~e the prepaid special lJJlJ~C ~[oclldJ CO re~e~ bo~J ac par pl~ acc~d inceresc. ~e bonds are J~Jecc co opCioMl [e~cio~ ~y ~l District on or after ~y 1, 2~. ~co~ pri~ipJl pa~nCs iii plyi~ll ~ I schedule chrou~ ~ l, 2011. ~rin~ che year the DiJcricc re~e~d bo~ in the ~ounc of ~22~,~ of ~lch $10,000 wu paid fr~ prepaid Total bo~ p~able vas re~ed from $6,260,~ co The following is a schedule of debt service requirements for the next ffive years and ~herea£cer: CENERAL LONG-TERN DEBT Year Ending Seote=ber 90. ~ lnceres~ ToCsl 1997 $ 230,000 $ 5&3,150 $ 773,150 1998 255,000 522,&50 777,&50 1999 275,000 &99,500 77&,SO0 2000 300,000 &T&,750 77&,750 2001 330,000 ~7,750 777,750 Thereafter &.6~5.00Q ~ ~ Total $6.0}},000 $~.$15,~}Q $10.85p,150 NOTE 6 - BOND RKSERVEREQUIREMENTS The 1990 Special issess~nc ~ond indenture requires the escablishlenc o£ a reserve accounc equal co 10% of the 8ross proceeds of che bonds. $700,000 reserve fund vas esCablished accordingly. The balance in the reserve accotmc aC Sepcember 30, 1996 vas $708,370 vhich included $9,2&1 accrued inceresC income. 16 - Hoca, FzaT & ZuoxJ~r. CPA's 166 1 Hock, 8: C£n?l~'~£o puBt. IC ,A~¢OU~T'ANT~ DASD D. ZUO~A~, CPA. dAT Ssnm:~. CPA. ST~ G. Rosg~, CP~ P.~ JOgL H~. CPA - R~zS~ Sa~VzL FwzY. CPA ' R~zz~ December 13, 1996 The Board of Supe~risors Port of the Islands Community Improvement District Naples, Florida RE: REPORT O~ COftPLIARC£ VITIt LAV$ AIqD REGULATIONS We have audited the general-purpose financial statements of Port of the Islands Community. Improve~nc District, as of and for the year enged Sepceiber 30, 1996, and have issued our report thereon dated December 13, 1996. Ve conducted our audit in accogdsnce rich generally accepted auditing standards and Standards, issued by the Co=pcroller General o£ the United Covernmenc Auditing .... C ye -lan and perform the audit co obtain S,aces. Sos..ra= ..rds ..... , ncial moire.nra ar. of material misstatement. Co~pll&nce rich l~vs. re&ulacions and contracts appticable co Port Co~cy Improve~nc District is cbs cespo~tbtli~ o~ ~n cease.hie assurance ab~c whether the ge~ral-~ose As parc of obtain ~ ...... .-~ -~--~ ~C- vi Deltoid CISCS o~ chi District's co,lisle vi~ certain pr~isl~ of live. ~..~ -,,die of the [i~j~-~Je ~l~ci&l scJci~cJ vis nec co p~o~ide Jn opint~ ye do nec express JKh i: opinion. ~e ~eSUlCJ O~ Ou~ Celts disclosed no t~cances of noKo~liince chic ire ~equtced co be repo~ced herein ~c Gove~enc A~iCin~ S~r~. ~is report is intend for the ln~o~CiOn of~.~nc. However. chis report a matter of public ~ecord, a~ its disc~ibucion is not limited. Certified l~blic Accountants - 17 - ttoc , Fm .'z & D-,vzz) ~. ZuoxJ, w. CPA. P.A. J,,y S~z~zw. CPA. P.A. D,,vzo ~. Bu.c~. CPA. $~ G. Ro~. CM~ P.~ G~ N. G~ CP~ P.~ doz~ H~. CPA - S~vz~ F=zY. CPA - 16G December 13, 1996 The Board of Supervisors Pore of the lsland~ I~provemenc Dlecric~ Naples, Flortd~ RE: ~PORT ON I~~ ~L We have audited che gene~al-~ose fl~ncial state.nos of Pore of the Islands C~lcy Impr~e~nc District h.v. lssu. d our re.cc c~reon ~ced Dece~er Va conducced our a~lC of lacerial misscace~enc. The nan~gemenc of Porc off the IJla~ Co~u~i~ I~r~vi[nC DiJCricc Is respo~tble for escablishinA a~ ~in~lninS in incest control sc~re. In fulfiltin$ ~ts respoMiblll~, esci~ces ~ Jud~nCs by ~ge~nC are re.ired Co assess the expeccad bene[lcs l~ rellced costs of lnCt~l c~ol sc~ro ~licits and procedures. ~e objectives o~ an inco~l concrol s~e are co pr~i~ ~gemenc vLch feasible, ~c ~C absolute, /ssura~o ~c assets ace jafe~r~d agai~C loss fr~ ~u~rized ~e or dl~siCi~, ~ ~C ~l~lcciou ara execuced In accor~e ~ ~gemnC'S au~rizacl~ ~ reco;~d pr~rly co ?e~iC the preparacl~ of ge~ral-p~ose ~i~tal s~CeMnCS In accoc~e vtch generally accipced acc~Cing priKiples, hcl~i o~ i~renc lhlucio~ in a~ ince~l concrol so--cure, e~orJ o~ l~e~lariCies ~y ~ercheless occur and hoc be deterred. Also, projection o~ any eval~cton o~ ~e sC~re Co ~u~re periods is subject co the risk ~c proco~es ~y become l~~co became o~ c~nges In condtcions or ~ac the e~[ecctve~ss o~ the ~si~ a~ o~erici~ o~ policies and procedures may ~ceriorace. - 18 - 16G Pot= o~ the ~sla~s ~icy l~provemenC District December 13, 1996 Page Two In planning and perfor~lngo~r audl~ o£ the general-purpose firmncial e=a=ements Port of the Islands Co~unicyI~provemnt District for the year ended September 30, 1996, we obtained an unders~sndin~of the in=ernal con=to1 st~re. Vi~ re~ecc :o the ince~l c~:rot s=~e, we ob~ai~d an ~arstanding of the ~sl~ relevan~ policies and processes ~e~her ~hey~e bean placed in operation, a~ va assessed control risk in or~r Co ~Ce~l~ ~r a~lCing proce~res for ~4 pu~os, o~ expressing ~ ~inl~ ~ the ~e~/l-~se ii,eclat statements a~ ~c ~o provide an opinim~a ln~l c~crol sc~urs. AccordintlY. v~ e~ress such an opini~. ~r co~ldera=ion of ~e ince~l c~trol sc~re v~ld not necessarily disclose all ~=cers in the in:e~l c~crol sc~cu~, =ha= ,l~c be ~:erial ~r scanda~ established ~ ~e ~rican I~c/~ce of C, rcified ~l/c Acco~cancJ. i ~cerial ~a~ss Is a c~lCion in,ich the ~si~ or operation audited ~y occur a~ ~ be ~ecced ~chin s ~isely period by e~loye,s In ~1 course of perffo~in~cheir ~sst~d [~c~lo~. ~e~cedno~C~ers ~e lnte~l control sc~cure a~ ica operatio~ c~c ye co~ider ~o be vea~esses as gelled H~ever, ye no,ed o~ ~c~ars i~olving che lnce~l c~crol sc~re and operacion thaC ye ~e r~r~ed ~o ~e ~ge~n~ o~ Por~ of ~he lsla~ I~rove~en~ Dlscricc, in a s~arace lec~er ~ced DecaYer 1~, 1996. ~ls repor~ is intend flor ~e inffo~Cion o~ge~n~. H~ever, chis repo~ a ~cer of p~lic ~ecord, a~ l~s dis~ribu~i~ Is no~ l~lced. BOTH, FRE'/ & Zut;z~ ' Car=if led Public Accouncan=s - 19 - Hoc~ l~t.aY,& Zuo~t~w. CP~,'s Hock, & C£1~TIF'I£O PUILIC ACCOUNTANTS D,~v~o I). Zvo~, CPA, P.A. J,~y SExn,~. CP~ D~v B. B~cx, CP~ P~ S~ G. Ros~, CP~ P.~ G~x~ N. G~s~ CP~ P.~ Joz~ H~. CPA - S~ FwzY, CPA - December 13, 1996 The Board of Supervisors Port of the Islands Community Improvement District Raples, Florida Gentlemen: This letter is ~rcitten in conjunction rich our audit of the senegal-purpose financial statements of Port of the Islands Co~unicy Improvement District, as of and for cha year ended September 30, 1996. The purpose of this letter is co communicate co you our co~ksnCe and recomendacions, and to co~ply with the requirements of Chapter 10.550 Rules of the Auditor General. During the current year audit, vi noted the following: Finding: We found chat, after water meter deposits snd~ecer fees a~e collected, meters ere turned over co builders buc chi builders ere hOC installing the meters rlehc away. The money collected is dsposiced promptly, buc the inforlicion is held by the field manager until the builder installs the meter and chert the applications are sent to the b£11ing department. As a result, the billing recocds and eccounting records do hOC agree rich moneys collected and control of the meter is given to builders. Recommendation: We reco~end chac Dlscgicc staff should first collect the meter fee and cusco~mr deposit, fill ouc the application smd establish an accotmc with chi ucilicybllling department. Then, ~en the builder is ready, DisK,iCC staff should j~e~tse or perfo~ the i~callacion Ind review the info~cion being pr~ided co the utility blll~n~ dapag~enC. - 20 - 16G Port ~of the Islands December 13, lg96 Page Two The following statements relate to requirements of the Auditor Ceneral: 1) There were no fimdings or reco~aemiation~ reported for the preceding audit. 2) 3) The District ia not in · state of financial emergency as a consequence of conditions dsecribed in Section 218.~03(1) ~lorids Statutes. The financial report filed with the Deparrmaenc of Banking end Finance for the period ended Sepceaber 30, 199& is in agreement wi~h the annual financial audit report. There were no vtol·tiorm of lm~s, rules or regulatiorm discovered during our audio. 5) There were no illegal or i~proper expenditures discovered during our audio. There were no erattera requiring correction discovered during our audit. Very truly yours, HOCH, Certified Public Accountants - 21 - 168 AUD1TEEM RESPONSE TO MANA~ LEI'IER COMMEN'P3 PORT OF THE ISLANDS COMMUNIIY IMPROVEMENT DISTRICt FISCAL YEAR FaNE)ED SEPTEMBER 30, 1~6 Finding. We found that, after water meter deposits and meter fees are collected, meters are turned over to builders but the builders are not installing the meters right away. The money collected is deposited promptly, but the information is held by the field manager until the builder installs the meter and then the applications are sent to the billing department. As a result, the billing records and accounting records do not agree with moneys collected and control of the meter is given to builders. Recommendation. The Dis~ct should first collect the meter fee and customer depc~it, fill out the application and estabIish an account with the utility b~lling department. Then, when the builder is ready, District staff should ~upervise or perform the installation and review the information being provided to the utility ~'lllng department. Management's Response. The District has implemented the procedures outlined in the auditor's recommendations which should prevent any future timing differences between the biI]ing records for customer delx~t receipts and the accounting records. Submitted this lOth day of February, 1997. Port of the Islands Community Imi:~rovement District Rhonda lC Archer Chief Financial Officelt - 22 - 16G The budget £~ prepared one he accru~l basis of accounting with major adjustments as indicated in the reconciliation below: REVENUES ~harges for services $136,548 $139,759 Water/sever 1~,000 129,360 Utility availability 15,000 -0- Connection fees 5,000 16,749 Hece~ fees 75~ 763_ Interest Total Revenues EXPENDITURES personal services Hacerials, supplies and services Operating Income Reconciliation rich itepo~ted Net lncoma/(Loes) Depreciation Hecer fees contributed capital N~ iNCOHE/(LOSS) 53,&16 &8,003 ~ 1&,040 (138,152) (3.080l - 23 o Hoc~ F~z",r & Zuo~ta,w, CPA's - V~: - ':~'v'd 'selelOOSSV; Ao8 m I I I I I I I I 966I 'O~g~L~ZS I I I L66T ' ~ rpl2oI,f , OTlO~I :33T.Z3wI(l lo.z3uo0 ;~O3WA tl~nolS ~ w;~OWTa, zodn$ lo pzwc~ I I I I I I I I I I I II ]lGl'O'd l 'Vd 'SsI,I.YI~OSSV ~ AOR t ~6g £99 966T °OZ 3eq~Qde$ I l I l I l l I l l m ~6~'g6 ~ 9~'9~ g6~'06 666 060'g g69'0~ 966~ 'Og 2eqm~de$ - £66~ *~ 2m~:r3::)O - e:~gz~qpun~ se.z~ SpUadzo Tr40.,T. I I I T DgT 'pun.l 3eqlouff uT 2ot pelunoooff Xlaedoad Qou e.~w q~T~ QOTaQslfl .qQ ~o ~ollwa~o eq~ ol olqgOTlddw sl~o~m ~Ul~Uml~q.ll~S 2o 2~s el~l~d~l ~ ~]A aOt pel~f el~ pun~ q~ ~o eq3 uI p~l~Ul ~q ol slI~ lu~o pea~i~ ~ PI~ :~l s~OSl~ednS uollwolldd= uo~ pos=8 'hllue ~uIQaodea lgl~It I~e~ · uI P~nl~uI ,q 'l~l~lSlO ~q3 o3 2ulutffla~d s3~ff l~l~ ~ p~a~2 lll~lU~t I I I I I I I I I I I I I I I I I I I I 9 sloJlmq ~UT:l~:z~do posodo;zd r3lmqns L~OSTAZodnS to p;z~q oq3 II,dY ~ul:znG 'I · ut~uno~V ~o slsu~ 966I '0£ .,3eque:~dos Z.,OI1LI~X~I 'lOlll, gO0 'H3.LYA ~ ~ I I I I I I I I I I I I I I I I I I I , I ~l,~ "ul~' ~o .~l.~ --l' 'uI~''q'~''~'~u, :~u~..o~ 'S'~ 'q~ I '966T '0; ~~S P~ ~'~ l~slt ~ql ~o~ I ~S3SSY ' ~ ~ m II I I I : s3m%cm~ p13 sSprm. °966'[. °0~: ~.e.c~l,3des 966~, '0~ '~KLm)3'c~S .T~Z'tT. SZG ~ ~T.Y~ ~ nO:) I I I I I I I I I I ponsw$ oam1 pu~ '966T '0~ :zoqu~3des pepum .~se~ eq3 aO,T ~ ~to sv ~l:tlST(l lO:~u~ j?l:totl , ellelri sZOSTa.~odns jo p:twoR HITS I I I I I I I I I I I mm~m~ ~mmmmm ~mmm~'mmm} mmmmmmmmm mm &O J, lOflY MY IlO 4ZZSYI Z*fI~.T~ 'lO*fJ. tiC~ 'X~ MO ,T~ ,S'BOJ, ICLQY .LR30il2~I~Olll yd'll 'lllTm 1 Illql Yd"J "('Jt~l I ICr 'V*d '~J.'VL.~Ob-'~¥ :~ AOII O! I I I I I I [ I I BOY & ASSOCIATES, P.A. ZNDEPEI~DE~T AUDITORS~ ~ O~ COHPLIA~¢E BASED O~ A~ AUDIT OF PURPOSE FInAnCIAL STATEHENT~ Board of Supervisors Co~ Slough Water Control DisCxlcC La~elle, Florida l~e have audited the gsr~ral purpose finsnoial staCesents of Cow Slough rater Control District as of and for the year emd, d Septeaber 30, I996, and have issued our repor~ thareon ~ta~ Y~rch 2~, 1997. We conducted our audit in accordance with generally accepted auditing standards and ~, issued by th. Comptroller tahara1 of the Onited States. Those etan~arda require that v, plan ~nd i~rforn the audit to Compliant, with l~e. regulations, contracts. ·nd &.rants applicable to Cow Slough Wat, r Control District, is ~he responsibility of the District's mnagement. A~ parc of obtaining reasonable a~uran~e about vl~ther th, £inan~ial ststements ere free of metsrial nisststemenC, va perfor~d tests of the District's compliance vlth certain provisions o£ laws. r, gulations, and contracts. Hoverer. th, obJ,ctiv, of our audit of the general IXn~ose finsnci·l statements vas not to provide an opinion on overall compliant, with such provisions. Accordingly. v, do not expr, a· such an opinion. The results of o~r tests disclosed no instances of noncompliance that are required Co be reported under This eanagement let~sr is intended solely for th* inforsition of Co~ Slough Vatar Control District and ~j~ent, and th. State of Florida Office of th~ Auditor C~rmral. However. this report is · nattsr of public record and its distribution is not limited. Respectfully aulmicced. liarch 2.5. 1997 11 I I I I BOY & ASSOCIA , P.A. ~ard o£ Supervisors Coy Slo~h Vater Control District ~e ~e audited t~ fi~i~l s~nts of ~ Sl~ ~aCer ~trol ~se ~d~rters Is l~d in ~csdia, ~orl~, is of ~ for the 1~7. ~e ~e iss~d ~r I~nt ~ltors' ~rt ~ Inte~l ~rol a~ ~r I~pe~nt Ml~rs' ~t ~ ~1i~, ~ ~t~d ~rch 25, 1997. Disclosures in ~s, r~rts, l~ ~, s~ld ~ c~i~rsd in cmJ~tion ~ls ~e~nc letter. ~e c~ted ~ ~lt In ~c~e ~ ~rslly second ~itin[ s~r~, a~ ~, ls~d ~ ~ ~Croll~r C~rsl of United S~ac~s. ~lCl~lly, ~ ~l~ vas c~Ced In sccor~ pr~lsions of ~~ 10.5~, ~les of ~ ~ltor ~rsl, ~lch g~e~ the co~t of l~sl ~e~l ~ti~ ~lts ~rfo~d In ~ State of ~o~l~ s~ r,~lr, t~t c,~in it~ ~ ~r~ssed In ~is l~t~r. 2, lulls of th, t~l~r ~ral (Sectl~ 10.~(1)(f)1.) re~ir~ t~ w cmn~ re~rC have been co~ecCed. ~re ~ro ~ l~e~lariCies disclosed In the precedinA aml fi~lal ~lC ~e Rules off oho ~l~ ~ral (Sec~l~ ~0.5~(1)(f)2,) re,ire ~ as co ~e~er o~ ~c rec~Cl~ ~ In ~ procedin~ ~1 fly, ill re~r~ ~e ~ ~oll~d. ~ero ~ro ~ roc~Cl~ M~ In ~ precedin~ scop~ of ~r a~iC l~l~d a r~ o~ ~ p~sl~ o~ ~ectl~ our a~iC, ~l~ c~ ~ ~ aCCen~l~ ~C e~ed ~ to ~ll~e SI~ ~ster ~ol Dlstric~ ia In a s~te el fl~lal e~r[e~ ~ a co~e~nce off ~he c~ici~ ~scrl~d In ~ecZl~ 21~.~03(1), ~orl~ 12 As required by the Rulms of the Audi:or Septe~er 30. 1996. ~, Rules of th, ~i:or ~ril (S,c:i~ 10.5~(1)(f)G..7..S..~-) re,Ir, a~ressed In the a~lcors procedures, ~ Ln:4~l disclosure ~r Rules off h ~tor Cmnmral (Sec:i~ ~.~) ~u. ,--, , - ,, Rules of ~. A~i:or Control District vis created i~ not Respectfully ,~,tc,d. ~rch ~. 1997 I I 13 1986 34265 March 25, 1997 16G AUDITEE ' S RESPONSE TO AUDITORS ' REPORTS AND ~ LETTER Charles L. Lester, CPA Auditor General State of Florida Dear Mr. Lester: The rules of the Auditor General (Sectton10.557(2)(g)) require the audit report to include a written statement of explanation, including corrective action to be taken, or a rebuttal regarding any deficiencies cited in the auditors' reports and management letter. There were no deficiencies cited in the current year auditors' reports or management letter. Sincerely, Cow Slough Water Control District Prmd omco Bo~ 108S, Arc:d~ Fbdda 342~/FhN~ (o41) 4~44o~/F~u (~4r) 404,628'1 17, 1997 Dotr Mr. OlLac datos i forv, trdod to ytmr dlioo oontnlnod ~ m- l. bmse ~ thtm. 218.34 (b), fud 298.S4. (1) Affidavit of Publication ~une 13, 1997 m m m m m ~m mmm mmmmw m mm mmm deme mmm F~mm mm~m Im 13th d~,d June Brenda Leighton 97 'S 168 1 Ped ~ Box le8~, ~lrca4~ Fbrl4a 342G~/lq.o~ (~41} 4e4-d4121/Fax: (e41) 4S4,.53el Post Of 13o. Box 413016 llaples, Florida 33941-3016 Stnt'ute~ Administrator Endomn'~ TH~ I~'WI'ING L.q OF~N TO TltE FU~LIC - B4r. DzI1~ Townsend, President Mr. l~il Sherrod, Super~1~ ~4r. John Giddens, Snpa~Isor a. Approve the Minutes ofthe Monthly Meeting hedd on February 27, 1997. b. Pacific Landco update. c. Church Road Issue. d. Quotes for interest rate on loan. e. Other. a. Approve Financial Repor~ l~[arch 1997. b. Certificate ofDeposlt mtsm Apr~ 28, 1997. c.. FASD Meeting in Talahassee, update. d. Schedule Budget Workshop. e. Other. a. D.O.T., H~ghway 29 update. b. Easements update. c. Culvert (l-4a"), Townsend Canak update. d. On site meeting with landowners, Mrs. Mhns, Mrs. Rauler~on. e. Recommendation on Construction Company to perform construction on facilities. a. Discussion. a. Discussion. 1 Mr. DalLu Tomueud, Preddeat Mr. ~h~ Sherrod, $~a~sor Mr. John Giddens, Supervisor Mr. Tommy Perry, Johmo~Prewitt, DbtrJct Engineer Mr. Bob Roth, Representative for BarTon Collier Mr. Timmy Taylor, Lamlowaev ,=~=~::'.: .~.....i',~ ,; Mr. LaWayne Ra~s~ Landowner ~ ~. :.~..~:~.~: ~.: Mr. Town, nd ~ the.~ 27,.~, ~ou~h Water Control Dtstri~ Monthly Meeting to o~ at 3:~ ~:;~ ~~ ~b~ in ~e Coun~ Ext~s~n Offic~ ~.~~:~~:made a motion to accept the min~ of the Feb~a~ 27, p~:unanimo~. ~. b) ~- ~. T~d ~ ~e ~ ~e he ~ to ~n~lish..-~. here ~ ~ w~ ~ hb aflo~, ~. J~ Wat~ and hve him ~~ ~ ~. b~h and ~ ~nUff Mr. En~bh ~ Mr. T~end ~t~ K ~(~~ ~. ~ ~ ~ ~ ~e ~ p~ h a mo~ fo~M manner. Mr. Townsend stated the dbtrict also owes Pacific Landco some funds. c) ~ - Mr. Townsend stated he met with the County Administrator and be is w~ing to arrlnge a meetiag. Mr. Perry stated he did try and set up a meeting, but Mr. Baird, (County Administrator) asked that the meethg be put off and he 16G 1 cow WLOUGH WATI3t corritoL, DlwrJUCT BOARD OF WUlq:aVI9Oi~ MOrrH3,Y MxrrtlG ~ '27, 1997 2 would contact Mr. Perry at a later date. Mt'. Perry stated Ms', Baird has not contacted him, so he will try again to set up a meeting. · 'i,,, d) ~' Mr~T~mmend stated he has drafted an invitation for all heal banks to partJcipato In quotin$ ~'~'~'Pefltlve rate for CSWCD when they secure the funds to pay the SI 10,000.00 maintenance fee, Mr, Townsend passed the draft to all present for their input. Mr, Townsend stated he would Send the letter out Jn the morning to all local banks. ' ~'' a) ,., Ms. Clement stated the Engineer's account is S~,IIO.00 in the ~:~? ~ ~?.'? · ~/'~' Mr. Giddens made a motion to transfer f~,000.00 from the Townsend Canal Project account into the Engineer's account."~'(Thb trno~ctlon would decrease the original Townsend Canal Project account balance from SI~.00 to SII?,O00.O0, and..l.ncren~e, the o.rig, i,n. al En h. s i'rro, ,ooo.o0% Mr. .eco.. mo.o°,mo, . Ms'. ~ made · ~.approving the March 19¢7 financial reports as amended. Mr. Giddens ~z°sMtd the ~~ the motion passed unanimously. b) - Ms. Clement stated the certifica~ ofdepodt matures on April ~3, 19~/and asked if the B,o, ard would like her to bring the ~totbe:next meetinlT Mr. Townsend stated the certificate will need to be ~tJhed in ns the fuads Will be necessary to pry the interest on the Sl10,0oo.oo payment. ... ~.. c) ~ - Ms. Oement rated Mr. Lewts'(CSWCD*s Attorney) was going to be In attendance today to discuss Legislative issues, but'~lmd to canal Ms. Clement stated she can briefly hJgidllht some important issues and Mr;.~ can Mat)orate at the next monthly meeting, which he patna to attend. Ms. Clement stated previom~ she sent the Board copies of Senate Bill 266, which is a rewrite of Fiorkla Statutes 298. Ms. C3ement stated some changes within 298 would be: 1) the jurisdictional water management district would provide certain review responsibilities prevJomfy provided by the Department of Environmental Protection, some of those being the appointment of certah supervisors by the Governor;, providing revised water control plan 16G 1 BLOUOH WATlat oorr3tOL DIFFRICT MOJI'THLY MEgTIJfG 27, 1997 3 adoption and amendment requirements; etc. 2) un longer having to present the amendments of the Plan of Reclamation to the court for approv~dbapprov~l. Tbe process would be the same, advertising, puMic bearhtg, etc., but the Board would make the ultimate decision. The plans must be submitted to the jurisdJetJonal water management dtstrk*t who can comment and make sugL, eStions ma the mendment~ but they have no authority to stop the amendment from passing, 3) the distrk't must revise their wirer management plan aery five years. Ms. Clement stated there is a considerable mount of'language on that bsue within the bill Ms. Clement read n small porttea of that verblafe. ~ Ms. Clement stated last year Mr. Goode tried to get a bill passed which would abolish .n 298 special taxing dtstrk~ Thb year, Mr. Goode Is trying to abolbh aH 298 water control districts. Ms. Clement added that Mr. Lewis has stated he is not too coucerned with that bill. Ms, Clement stated at this time, l~r. Lewis is mouJtorin% Senator Ostakowitz's bills diligently. Mr. Townsend stated he WOUld like Mr. Lewis to speak on these issues more d) ~' Ms. Clement stated it is time to schedule a Budget Workshop to prepavel draft b~ for the 1997/1998 fiscal year. It was ~ upon to bokI!sB .udget Workshop Meeting on Thursday, April 10, 1997 at 6:30 p.m. in th~ ~ty E~i~ Offices located in LaBelle, Florida. 1~. T~ ~ il'l~ Cl~m~t would mail the Board a col~' of this years budget for their'review. IV[s. ~ent stated she would do so. . e) ~ - Ms. Clement stated the audit for year ~ling ,~,pt~ml~' l~J~ I~ co~i~'~ Mr. T~l slated Mr. ~ O~istrid Auditor) co~i not attend this m~'~Jng aud he r~ed to him that the nudit was error fr~ T~md stated~there is a new requirement where the President of the Board must execute a'l~;~leh h the District's responses to the comments of the auditor It there were any. Therewer~ no auditor commen~. This l~ter is no~ included within the report. Ms. Clement stated she and Mr. Townsend need to execute a letter of representation which is to be forwarded to boy & Associates. Mr. Townsend executed the document. Clement stated the Annual Financial Report was not included in the materials left cow SLOUGH WATI~ COIrTR~L ~ BO~ OF ~PERYI~ORS MOrI'HLY MEFI33fG MARCH 27, 1997 by Boy & Associates. fvb. CJement stated Mr. Townsend will have to execute that document also, so she w,'n phone Mr. Boy tomorrow and have the document sent to Mr. Townsend for hb execution. Mr. Sherrud made a motion to accept the Annual lrmancial Reportns subnfftted by Boy & Associates, P,A. for year ending .~,ptember 19~. This report did' notl, include any deficiencies by the Dbtrkt and that b stated within the report. Mr. Giddens s~f, onded the motion and the motion passed unanimously. a) ~.~~,Y.3~A,~[- Mr. Perry stated he has corresponded with Mr. Bob Regbt~ wbo respoaded s~stinf ?~dJd find'every~g tob~ in order and that he was forwarding the inforusatkm on to RJgld~f-Wfry in Bartow, Mr. Perry stated he called and spoke to Mr. ~ this week indl~ting to'him that be has not been contacted by a representative from Bartow and aslt~ who I~"should contact. Mr. Ferry stated he did send a letter to Barrow informing them ~t the tli~4ct has received bids for the Job and is ready to be~in work once it receives ~ vigh~_,o~,t.,l~,,peoject. Mr. Perry stated Mr. Reg~ter is in favor of the pruj b). g,~Y,,l]d~l~I~.~ - Mr, Perry bq~ dtscmstng the Mira's, Dunawry parcel first. Mr. Perry ~ be hadr~meetPl~,_?~ them after the last monthly meeting. Mr. Perry stated both partb~ kay& asked th~ ~el~ins to extend the canal which runs North and South along their We~ propa'ty line on:lhtvJd Brmvn's side not be built at this time. Mr. Perry stated weagreed thai wewodd not build thb extension at this time. Mr. Perry stated the F. Jst/West run which runs at'ru~ their North side had some adjl~, tments made to the size of the canal to alleviate some of their concerns. "*'"'...Mr. Perry stated Mr. Guthrie contacted him regarding M& F, dna Lewis' property. Mr. Perr]r~..s~a...ted tboyare concerled about taking 30 feet off of their property and Informed hl.m thej~. ~ot~kl' not 'sign an euemeat. Mr. Perry stated he has spoken to Mr. Glddens and.he LS agreeabk' to shiffing back over to Ids proper(7. Mr. Ferry stated with that in mind, he beheves we will leave the canal whe~ it b and just movetbospo~ tnthb wry, the spoilwill beon one side of the ditch. Mr. Perry stated that would make the dike to the West and the ditch to the East. Mr. Townsend stated one concern he has; b that in doing that, it isolates the 70 or 80 16G 1 colt SLOUGH WATER BOARD OF ~RS BfOJrTH3,Y Bf~rfl~O MAIK~ 27, 1997 5 · cres up there with no access to the district's works. Mr. GMdens stated you mir, bt bnye to_ · _ k. :..,.P..d ,u. nfl enmmoent ~etlrtd7 MUCIJ ._ ' M_~ c.th,b ~ t. Mr, re,~,u~.~.,~....b, un · cub, _ Mr. Townsend nsi~d if rise iYntrSct wants to co"lbue the easement on tb~t side? Ms'. Perry stated it did not matter to him how it is done. .:. Therewnsakstgt~~~theGuthrJe~. Mr. Townsend asked tried to attend the meetbrp but curia riel mr, rmTy mum, ,, --q,-- .... thr~ sisters mae time J. the eveninf to ts~t~ ~'aboot tbdr c°a~ Mr. ter~ rated if not, the district h~ · wry to work around lt. :r':~' ' ~ ~ ' ~,i!;;' There was d~ on ~ts~ property Fmc, and culvert lnstaihflon. Mr. Rawls asked ii'the pruj~ oll'ltte nordJ side of Morris Taylor Road was in the dlftrJct: Mr. Townsend stnt~d~f~ b~~:!jKswls stated the district will be draining ' ~ ~ter there toper,, wbe~ heads .ort~ unless ,h,.. M;. ....... : ...... T~:' ~ ~~/.~ene. r. dbc..ed bow to curve there to~' fl~dJstrJct'~ it up to l'am Rtulersoas and your place. The Mr. TaYlor's concretor~ to his btm. Mr. Townsend stored thb ·. .... _._. ~ ~ -- .0...~Ld.b.* L.~ tn Offtchl enfemeot to do so. Mr. Townsend th~:i4~k o. ei~r stde~t'the rood .p to the en~rnce from tht cldvert. Mr. ?owns~d rated th~'~ decided ii'w. the best decbio, for evayo.e. ::~,-~,~ Mi,~ ~Toimmd mmflo, ed the culvert efut of Mr. Ttylor's hther, which empties Jato tb~' °ld'~ter bole. an' ~ the dtltl4ct ueedl to ~ ~ wlt~'. culyert lad belds North. ]~'. Taylor stored we co.uld p?b~_ _ .p.u[ a ~ cros~l under (he there. Mr. Tr74or stlted~0% of tht wirer ~ jr°m the disu'M~ an° Ju~ rural. Mr. Town,nd stlted thlt is correc~ and the district needs to stop it Imm loin[ any further thlt wry. 16G 1 MOB'TH~Y ~ MARCH 27, 1997 Mr. Townsend stated the ten acre f~ove over there which was planted~ the water goes throngh st conduit under thes-e and Ms, Mires was woaderbtg Jfthe writer couid be diverted to the other ditch the distr~ wns tslldnf about, A lenfthlly dbcusden enSUed. Mr. Rawts asked about Ibe survey bebg staked tod asked jr t(~ the edge of the ensesnent or the ditch: Mr. Perry stated the stakes are within the'easement finds convenient pttce for the survey c~-ew to work. Mr. Perry stated the center orthe easement Is 30 feet either side of the fence. Mr. Taylor asked if the easeme~ was ail on the Mtm's sOd Raulerson's property? Mr. Perry stated the stakes are not on the easement. Mr. Rxwb a~r~d if theft were any prdfs~as7 numbers on the reworking of the ditch dbcussed at the la.fl MontJdy MeetJnL~, DbCussJost estsued an~maps were reviewed. Mr. Perry stated he hd received a copy of a letter from the District's Attorney, with the easem~ts encJ~M and asked ifil&'. Towuseud hd r~eJved them? Mr. Townsend stated he did recerve the letter, but did ~t' renl~'be was supposed to circulate the easements. Mr. ~ askaJ ~!be~..was mr~ ~ I~tt the DIStr~ could make some kind of fin~ncld l'ffr~slbt to ~RmderMa ~ d~ ~ donating the propert7 to dig on and drlln everyoneSogth:~:them"~..f?~ .~d~ _ ge? Mr. Townsend stated Jr the district dM that! it stated there is i'~ ~ef~fe involved and be does not befleve that is an area the District ~f6'~~ M~?F°wnsend stated the Raula'sons wig haye use of the ditch as the district Is t~~:a calYert with a riser so the Raulersons can use ;:~. :Mr. l~twb asirdal If'. t Fence wis goinl to be instfdled to protect the ditch? Mr. To~ts~d stated Ih~ IS ~ to the indlvJdui Itodowner'. Mr. Town,nd suted the dlftrJct has a ,ta.c. Mr. Cidden,, .ted th, and B~ buikl a I'~'~ the easement, Mr. Townsend stlted Dr. Br~wn ILU a crossing on the ~'lOmewh~ ""'"Mt; Towmend tom Mr. Perry there Is no way to get armmd (:3tm~ Road going around to Bnd's place. Mr. Townsend stated the spoil b a big berm. Mt'. Perry s+.ated It b going to be hard to make it passable due to the rock. Mr. Perry stated it could possibly be bladed off. Mr. Townsend stated once the otherjob has been completed, this area needs to be fixed. Mr. Taylor stated he has an out pump in there to the North, and at one time, It was OOW SLOUGH WATER OOrl'ROL DXffTJLIC~ BOAJZD OF ~rgRVl~ORS MOrFIII,Y MggTmG MARC~ 27, 1997 7 discussed that once the ditch was In, be could relocate the pump into the laterlL Mr. Taylor stated he w~ tmtall the pump so erorkm will not occur. c) CULVERT (?.-48"1. TO~q~ CAHAL' ~r. l'er~Ktted he. has contacted several different places in an effort to locate a reed culvert, but to ~ has not been successful Mr. Towmend stated the district might have to purchase a new mae. Mr. Perry explained the district's plans. Mr. Townsend stated the County may bare ooelying around ~ce. Mr. Perry stated he will look into that possibility. d) CONSTRUCTION- BIDDING PROCeedS UPDATE - Mr. Perry stated the district received four bids. Mr. Perry slated mace the ~MvMved in this project is ,ompk d, the datr bu rMb, W. Plan of Redamab which the DbtrJct has adibJflet~'JaM they areiut going to construct az this time or in the near future, but bey ~o~'[hat, lt'~Mi.!~.~ed in this project. Mr. Townsend asked Jf the cmatract rdlecU tJ~e which' the ~.ddeted? Mr. Ferry stated he did not think it did, but in revk. wi be M today. kbqbves a does. Mr. Townsend stated that would b tbe dach to J~Mims, whh:h hd to b deleted. Mr. Ferry stated he is unchuifledezcrUtinu, b~ did ~ the coutrf~ors that rock w~.J present. I) SAC3r OUI~.N CONSTRUCTION KEI.I.~ & BOWDEN - .-, RI])G~FI.L CONSTRUCTION - MORGAN CONTRACTING - SIOK207,13 $110,321.29 S174,174.0o 5'201,359.5o Mr. Perry recommended the Board award the contract to Jack Queen Construction as they submitted the lowest bid. Mr. Sberrod made a motion awarded the contract to Jack Queen Construction 16G '1 CX)W ILOTTGH WAFER CX)ITROI, DIITIIIG"'I* MAilCH 27, 1997 contlnlent upon the DbtrJcl rK~ivbf b water mtnalement permit. Mr. Giddens seconded the motion and abe motion passed unanimously. Mr. Townsend asked Mr. ferry what the proptods was on the'dbtrlct recekiug its pcrlnit? Mr. Pcrr7 anted South Florlda Water Manalement Dbtficf.~ (SFWMD) phoned him and requer~ he meet wMm dmem. Mr. Pert7 rated Imf grk~,; be met with repru~tallyes of'SFWM~ who told him be world be r~ a k'tler ~ ~~ tad to I~nor~ k wben scuted S~VMD had some coat.erin, Imf upon lerrbrl Ibe ~ the.' cone, .e~.s bad been agcylated. Mr. Perry slated the7 are ~ mt some biff'from hhn wh,ch he will be seodiol to them shordT. Mr. ferry slated SI~VMD ha~ laid biid~~ tn update reflecflnf the items th~ wanted, abet betide all oflbe prd~ will 1o fnraT. Mr. Towns~d ulml when tt woukF'be Jo~ to mmme the District would receive a ix'Fruit? Mr. Part anted the diKrJ~ ludMwaTs phlsoedtObtl~ work under an etrt7 work rdcs~ prop~m, nd Jt weald be .blkd to mume werk~Wm bq3n b7 the ne~t Mondd7 MectinS it' not bdo,. Perry sated be bas ~... ~lMs IB ~iJ'ick Quem Coestruetba. Mr. Townsend stated be ff sure,~Jack ~'~ to bellm doe work oa HJl~ma7 2~ first. Mr. Giddem tshd .if'thar~b ~~ the work etnnot begb prior to receiving the ..i~'~.it? rot.. · stated :yes, but th~'7 Imv~ figreed to blue the Dbtr4ct au earl7 ~ permit to Set out on' that. t)' Mr. Towmmd stated the DblrJct bas an outstanding check In fhe amount of s24,ss4.00 wrifles to l'acUic hndco f,er a rem' aras wMck wis sever ptTed due to the easement brae not bebl ruoked. Mr. Townsend stated the check will be reissued when the easement Issue bas beat resdved. Mr, Sherrod made n motkm to void the check written to Pnctflc Ltndco in the amount · 16[ 1 MOIFFIILY MARCH 27, 1997 of' S24,8~4.00. Mr. Giddens seconded the motion and the motion passed unanimously. Mr. Sherrod asked if the money the distrk*t has bt the Certf~°f Deposit is more than the $24,S~4.007 l~r. Townsend stated bopefu~y, the ~ wig b'bbS the S'24,SS4.00 to Pacific Landco shortly as this be needs to be finalized. Ms. ~staftd the amoant of the certificate b SI4,~'/4.13. Mr. Townsend sttted tAere b ab~'tbe Sg~000.001n this/years buds~t to add to the certif*~cate whkh should cover tlHt Interest on the SI 10,000.00 payment to Duda & Sons. :~,.-'::' ?:'~;',.,,., .... :': Mr. Rawb asked if the SI I0,000.00 would be pryed ~,..t~.;.assessments in one yca~ Mr. Townsend stated that is the goal Mr. Townsend stated~'!i~s~.., the district will So into a maintenance mode ~ this payment b ~lq~'. T~'~ the district would be wise to s~ tside funds for a CapfUl ~~,~ ~'b built up over sover~i ycarJ. Mr. Rawls stated be hdJeyes th.a~p~the ~'~;~.d~nnd be would prefer to put a little in I~'adual~ than put a lot In a~..~t one ~ Mr. Townsend stated that ~years ~.mgessment ~mlght have to Increase a little, but the numbers need to be revJ~ved. ~OWllf~Jd fttted ~ tlLtt, there shonM be a slgnificunt drop in the assessment rate. ]~Rawls ~ b~ ~ to be consklered in the process of drafting the budget for~i1997/1~.~e~ent stated Mr. Rawls should attend the Dudset WOrbbop 10, Y tf6'.30 p. nL, Mr. Townsend concurred. At 4:56 p.m4~'~'~ made a motkm to adjourn the meetinr,. Mr. Glddens seconded the mottoa~ '~ the motion Fas~"d unnnimously. Administrator Cow Slough Water Control Distr~ COW SLOUGH WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT FROM FEBRUARY 28,t99'/THROUGH MARCH 28, 1997 16G CHECKING ACCOUNT BALANCE CERTIFICATE OF DEPOSIT TOTAL 160,321.98 14,974.13 17~,296.tl !NCOME: 02/28/97 INTEREST ON ACCOUNT (CHECKING) HENDRY COUNTY-T~ REVENUF..~ COLEER COUNTY-TAX REVENUES 304.87 149.38 2,464.75 RECEIVABLES, ENDING MARCH 27, 1997 TOTAL REVENUES JOHNSON-PREWITT & ASSOC. INC.(engineering) SPPJNT (loca~ phone ~'k:~) DANA CLEMENT (admi~m'~) LDDS (long distance phone aervlce) LEWIS, LONGMAN, & WALKER, PA (legal services) SHORT ENVIRONMENTAL (water analyM$) TOTAL EXPENDfTURES, ENDING MARCH 27, 1997 7,$10.00 20.39 862.22 1.87 lgg.28 140.00 ENDING CASH BALANCE AS OF MARCH 27, 1997 JOHNSON-PREWrFT & ASSOCIATES, INC. 850 WEST VENTURA AVENUE P.O. BOX~O2~.GL~'WtSTOfl.~33440 ~ffi4t}~-e~m FL GI.A~ TUt. LOG. p.E.. pJ.J. ~ L BE~AVIO~ P.E., PJ,J. IdAFIK A. KAT'FIEX.O. pJ.J. THOM~ C. PERI~, J~ p,E. March 27, 1997 Mike Finch, P.E. Chief Drainage Engineer Florida Department of Transportation District One P.O. Box 1249 Bartow, FL 33831-1249 Dear Mr. Finch: i'm writing on behalf of Cow Slough Water Control District. We submitted some documents to Robert Register at the Southwest Area Office and I believe that he passed these to you. Bids for this project have been received and is ready for award. We will appreciate your revfew and approval soon. Sincerely R, Clark Tullos CC: CSWCD RCT:rah 1AG 1' Karch 2~, 1997 ~oy & Aa·oceans, P. A. CertiffLId 1~.~1 Lc P.O. B~x Cleviscon, Florida 33~0 Gentlemen: Tn conn~ction v~ch ym~r audit o£ Chi £1n~ncial statements of Cow SI~ c~es In fl~lal ~liCl~ of ~ SI~ VaCor ~trol District, In vl~ [~rally ~c~d ~c~cl~ pri~lpl~s, ~lch s~Cmn~s ~ ~ r~vt~d 1. Vo are risible fo~ ~ ~air pros~Cl~ in ~ fl~lal s~c~nts of fi~lal ~sitl~, re~l~ of ~r/cl~, ~ c~es in fl~l/1 2. Ve ~ ~ ~sl~le ~ y~ all fl~l recor~ ~ related ~. There h~vo been no - · . Irregularities involving marmgeu~nt or employees vho h~ve lignificant roles in chi fy·tim of internal accounting control. b. Irregularities involving ocher employees chat could have a mclrial c. Cx~municationf £ron regulatory ·gentles couce~ning no~oupliance rich0 or deficienciel in, fin~nci·l roportin~ practices ~hat could hav~ · maC·rial of·eec on chi financial sc·cements. 16G B<ry & )Jm~ciatff, lm.A. l{arch 25, lg97 wl~ or clu~lflci~lom~ o! asseu ~d liabilities. The £ollo~tng have ben properly recorded or disclosed in ~ firancia! preamble, lncludin~ i.~rchuem, loans, tr~ fers. leu in{ mrrm~g, mmCm, and guaran~aem. Arr~Cm with fl~ml institutions involving compe~acing balsas mad lind-o£-¢rediC or m(-llar mrrqmntm. c. Agrme~n~ ~o rep~c~a streets pr~i~ly sold. m 10. 11. Or. bxr mcerhl liabilities or &tin or loss c~tinpncies chac are r~red ~ b ~ ~ disclosed ~ S~nc o~ Fl~iml There ~e ~ MacrOad ¢lal~f or umemsmmCs ChaC our aCCorfloy has advised u~ a~e probable o£ ufercion fed nc be disclosed in ~ccor~ance rich SCiCemmnc o£ Fin~ial Accounting Standards Ilo. 5. T~ere are ~o m~erial ~rar~a~Cim~ fl~aC have mC been properly recorded in ~ accounting record~ und4rlying cb £i~lal scmcemncm. lhroTiml~, vb~n -~Cerial, hm~ been Bide Co ro~e ex. ems or obsolete i~corimm co choir emc~mCed MC realizable ulum. Ve hwve credited vLCh all aspects o£ concriccuil agre~cm chic v~dd hxvl a mcirial e££ecC on chi £immc/al sci~cs in cb wvenc o£ noncomplLmce. The only attorney vhich DisCricc co~wulced du~ing Ohm year vis lsvis, Long~n & galker, P.A. 1 B~y&Asso~la~s, ~.A. l~a~¢h 2~, 1997 Page 3 12. 13. 16. ~e co. lied ~i~h and opera~ed in a~¢ordance vi~h the specific ~he S~ of Flotilla ~ha~ apply ~o us. ~o have ~oc ar. pAired any ~ngible personal proper~y vhich vould be covered by ri~ provisions o£ Chapcor 10.4~0, ~ulea of the Audicor Cemeral - CotmcyamlDls~la~ Tangible ~e~sonal l~oper~y 16G COW ~ WZLTEP. C:GHTRO~ DZS'Z~TGT P, O. BOX 68 ~, rz, 33975 March 27, 1997. To: ¢lewiston National Bank, First Bank of Clewtston, Hendry County Bank, Florida Community Bank and First Federal Savings and Loan. Dallas Townsend, President, Cow Slough Mater Control District. ~e: Making a loan of $110,000.00 Friends, The Cow Slough Mater Control District, a special taxing district created by the Florida Legislature under Chapter 298 of the Flor£da Statutes, is inviting each of you to bid, based on the annual interest rate, on lending the Co~ Slough Water Control District the amount of $110,000.00. It is the intent of the District to borrow these funds for a period of one year and will request the loan to~xecuted no later than June 1, 1997. The Cow Slough Mater Control District intends to pledge repayment of this loan from assessment revenues of the 1997-1998 budget year and will provide to the lending institution a copy of the adopted budget which will be acted u~on at the May 1997 Annual Meeting. As you probably are aware, profits from loans made to a Chapter 298 special district are tax free. If you have an interest in biding on chis loan, please submit a sealed bid, based on the ter~s outlined above, in writing to Dallas Townsend, President, Cow Slouah Water Control District, P. O. Box 68, LaBelle, FL 33975 no late= than 5:00 p. m, A~ril 23, 1997. The Cow Slough Mater Control District w~ll meet 3:00 p. m. April 24, 1997 at the Hendry County Extension Office in LaBelle to consider all bids submitted by the deadline. The Cow Slough ffater Control District reserves the right to accept or reject any and all bids at it's discretion. Thanking you tn advance for you~interest, ! am, Sincerely, 1 Dallas Townsend, President Cow Slough Water Control District 166"1 ' COW SLOUGH WATER CONTROL DISTRICT ~ ~ WATER OIJ,~TIY AT DL~3A -1 -0.8 ~ '-43.8 I COW SLOUGH WATER CONTROL DISTRICT WATER QUALITY RESULTS TOWNSEND CANAL AT DUDA STRUCTURE Sample Pedod Sta.,t Date End Date detection limit 06/16/95 Oe/30/gS 06/30/95 09/13/95 O9/13/95 09/27/95 O9/27/95 10/11/g5 10/11/95 10/25/g5 10/25/95 11/06/95 11/08/95 11/'22Jg5 04/11/96 07/01/96 07/'18/98 07/18/96 07,r31/~N~ 07/3'1/9~ O9/~ 4/9e 06/14/96 06/28/g6 09/11/96 Og/2S/ge 10/23/ge 10/24/'96 11/06/96 12/04/ge 01/15/g7 Total Kjeldahl Nitrate Total Total Nitrogen Nrm~gen Nitrogen Phosphorus mg/t. mgA- mg/L mgA. 0.5 0.02 0.5 0.01 1.80 0.33 2.03 0.378 1.g6 BID 1.g6 0.545 1.61 BID 1.81 0.490 1.91 0.21 2.12 0.520 1 .gO 0.04 1.94 0.470 1.57 0.08 1.65 0.320 1.70 0.30 2.00 0.170 1.12 BID 1.12 0.070 1.41 BID 1.41 0.060 1.41 BID 1.41 o.ogo 1.79 0.02 1.81 0.230 1.59 0.07 1.66 0.120 1.54 0.06 1.60 0.130 5.30 BID 5.30 1.120 2.24 1.7g 4.03 0.560 1.70 0.04 1.74 0.440 1.79 0.04 1.83 0.590 2.14 0.45 2.59 0.590 1.62 0.48 2.10 0.170 1.48 0.37 1.85 0.170 1.64 0.49 2.13 0.180 1.56 0.29 1.85 0.100 1.66 BID 1.68 0.190 5.63 BLD 5.63 0.940 1.58 BLD 1.58 0.160 1.94 0.02 1.96 0.160 168 AC¢OUh"T NUI~.BER ACCOUNT K/d~E CURRENT AMEND£D BUO~ET INCREASE DECREASE BIJD~ET ~ rooo~ R£OUESTED BY: APPROVED BY:. APPROVED BY:. REvtEVVED & POSTED:.¢:::~ =..___._. JOHN:~ON-PR~ & ASSOCIATES, INC. R. CLARK TtR.I/~, P.F., P.L~ ARM, M4I~ L BENAVIOF..~, P.E., P.L~ ~ A. HATIRELD, P.l.~ 11'K)I&~ C. PERRY, dR., P.F. M~rch 27, 1997 Board of Supervisors Cow Slough Water Control District P.O. Box 1986 Arcadia, FL 33821 Dear Supervisors Listed below is a summery of bids received for the 'Extensions of L1E, L2E, L3E and the Improvements of 1.2.9'. Jack Queen Construction, Inc. Kelly & Bowden, Inc. Ridgdill & Son, Inc. Morgan Contracting, Inc. $106,207.13 $110,321.29 $174,747.00 $201,359.50 Johnson-Prewitt & Associates, Inc. recommends you award the contract to Jack Queen Contraction, Inc~ contingent upon receiving permits from the SFMWD and FDOT. Sincerely JOHNSON-PREWrFT ASSOCIATES, INC. TP:rah I~OPOSAL FROM~ co~ Sk~gh Watc, r Co.roi [~*tr~ P,O. Box 68 LJBelle, FI. 33935 GENTLEMEN: The undersigned bklder h~ c~refully examined the contract documents, the site of work and is familiar with the nature and extent of the work, and any local cor~s that may in any manner affect the work to be done and the equipment, materials and labor required. The undersigned agree~ to do all the wo~ and furnish all equipment called for by said plans and specif.:atiom, in the manner pr~cdbecl therein, in accordance with the contract docurne~ and to the standards of quarry and performance established by the Engineer, for each of the items or comblmtbm of items Stil~atecL It Is understood that certain quantities shown in the schedule are aplxoximate only. subject to increase or decrease and for tM purpose of bid ~ for tM determtrmJon of Iow bidder. It is construction as more spectficalty ixovlded In the General CondItions and Detailed 21 BID SCHEDULE Facility L1E FI'EM 10 100 300a 300 b 40O 400 a $00 DESCPJPTION UNIT PRICE TOTAL~ Mobilization & 1 Demobilization Clearing & Grubbing 1 Unclassified Canal Excavabon 4,753 P~acement & Shaping spoil 1 Culvert Instalation 42' diameter 16 30" cr~meter 42 24" dameter 30 Sand Cernelt laprap 25 TOTAL 22 Facility I_gE BID SCHEDULE ITEM 10 100 30Ob 4OO UNIT PRICE TOTAL AMCX.q~ Mobazatlon & I L.S. Demobilization Oezrtng & Grueeing 1 IS. Unclassified Cam~ Excavat~ 5,353. C.¥. Placerent & Sha~ng stx~ 1 L.S. Culvert In~ 0 ES. TOTAL BID SCHEDULE Facility 10 lO0 300a 300 b 40O 400 m DESCRLOTION ESTIMATED UNIT PRICE TOTAL~ Mobilization & 1 Demobilization C/earing & Gnd~ng 1 Undasdfied Canal Excavation 1,200 laacement & Shaping spoa 1 Culvert Instalation 0 S~nd ~n~t ~ 4 TOTAL CoY, LS. IS. C.Y. Z4 16G 1 Facility L29 BID SCHEDULE ESTIMATED ITEM DESCRIPTION QUANTTTY UNIT UNIT PRICE TOTAL AMOUNT 10 Mobilization & 1 LS. $,,~-x:~¢::~° $_~¢:::~ ~ Demobilization Clearing & Grubbing 1 LS. Unclassified Canal Exca~atiofl 15,566 C.Y. Racement & Shaping spo~1 1 L.S. Cufver~ 24' dizme=er 265 L.F. $. (,.~, ~o~ $~,PO--" 36- di,m. ter ~zo L.~. S_~','-~' s._~,20o ~ Mitered end secUg:m 36' diameter 8 EA. 24' creamer er 4 EA. D~tch cleaning 400 L.F. 100 300a 300b 400 400 b 50O TOTAL TOTAL OF ALL FACILITIES S~~---- 25 undersigned also agrees as follows: 1. To do any extra work not covered by the above schedule of prices, which may be ordered by the Engineer upon authorization by the Owner and to accept as full compensation therefore, such prices as may be agreed upon in writing by the Engineer and the Contractor in accordance with Section 18, General Conditions. 2. Wi~in five (S) days from the date of acceptance of this proposal, to execute the contract. 3. To begin work within ten (10) calendar days after the date of receipt by him of the Notice to Proceed and to complete the work not later than ninety (90) calendar days after the date of the Notice to Proceed. 4. To reimburse the Owner, as F~luidated damages, for each calendar day elapsing between the date herein spt, cE'ed as the date of full completion and the actual date of such full completion of the contract work, the amount of $ 200.00 per calendar da),. Receipt of Addendum Nu~_~_._~is ac~novdedged. Dated this_~_clayof~ ._, 1997. Respectfully submitted, By:,~,~m~~~~~ (See Instructions to Bidders for proper signatures and information required) SCHEDULE Facility 10 100 3OOa 300b 4OO 4OOa 50O DESCPJFTK~ ESTIMATED C~ UNIT UNIT PRICE TOTALAJ~XJNT Mobilization & Clearing & ~ I Unclassified C~n~l Excavation 4,75:3 Race~ & ~ s~ 1 42' ~a~t~ 1 30' ~W 42 24' ~a~ 30 LS. $ 3,900.00 S3,900.OO C.Y. S :3.00 S14, 259.00 LS. S-5'ooO'oo S 5._.,O00.OO LF. S 5~.00 S 864.OO Ld:. S 4t.O0 S_Z,722.00 U:. 31 .CIO 930.00 S ~A.W C¥. S~ 250.00 S 6 250.OO IF. S Z.25 S_ 7~.00 TOTAL ......... S38,675.oo 28 BID SCHEDULE Facility ITEM 10 100 300 a 300b ,400 DESCPflPT10N EST]MATED (~Le, NTTTY UNIT UNIT PRICE TOTALAM(X.flVT Unclassified P~acemem & Shap~ sp~ Culvert ~llCzlatjal 5,353. I 0 TOTAL L.S. $ 3,500.00 $_3,500.00 LS. S 2,~0.00 C.Y. S 3.0o S_~6,o$9.0o L.5. S 10,500.00 S 10,500.00 LS. $~ , ......... $32,95g.00 BID SCHEDULE F=cility ITEM 10 100 300 a 4OO 400 · 1 LS. $ 2,.5(X).00 $...2,500.00 IS. $ 2,900.00 S_2,900.00 c.Y. $ 3.oo s_3,~(x).oo cs. s 2,ooo.oo s2,Ooo.oo C.Y. S._,.__~.~_._S, 2~.00 TOTAL ......... Facility BID SCHEDULE ITEM 10 100 300a 300b 400 400 b 500 ESTIMATED DESCRIPTION QUANTTTY UNIT UNIT PRICE TOTALAM(:X]NT Mobi§z~k~ & 1 Demobillz~tic~ Clearing & ~ 1 Unclas~fied Ca~l ~~ 15,566 C~e~ 24' ~t~ 265 36' ~ ] 20 24' ~ 4 TOTAL L.S. $ 3,500.00 $_3,500.00 cs. s~ s ~____ c.~,. s 3.oo s~._$,~.oo L.S. SS~ LF. $ 29.00 $_ 7,685.00 IF. S 49.00 $ 5 ~,,__~__~.~_~ EA. S 600.00 S_4,800.00 EA. 4.T~.O0 1,800.00 $-----------__ $_ ~. s ~_.......~ s 31 ARTICLE VIII. Not appF~-able. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first wri~en above. Signed and sealed by the CONT'RAC~OR .in7 Plesence~f/: ~ Signed and sealed by the OWNER in the presence oP. CONTRA CTOR E]~X3)ILL & SO~, I]~C. 0 WNER COW SLOUGH WATER CONTROL DISTRICT Dallas Townsend, President ,? Note: Contractor shall prfnt in ink or type the name of Contractor's contact person, address, telephone number, and facsimile number below. HOR~S E. R.13X~ 1~ 0 BOX 447 ~, FL 33440 941-983-3136 941-983-9642 - FAZ 33 SWORN .STATEMENT UNDER SECTION 287.153($](a). FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to by HORRI$ £. RTDCDILL, PRESIDEh'T CO~ SLOUCH DRAINAGE DISTRICT (print name of public entity) for (print individual's name and tit/e) RIDCDILL & SON, INC. (print name of entity submitting sworn statement) whose business address is P 0 BOX 647 CLE3,FISTON, ET., 334/~0 and (if app§cable) its Federal Employer Identification Number (FEIN) i~. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ~ 2. I understand that a "public entity crime" as defined in Paragraph 287. ~35(1][g) rFdazL~ ~ means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or po§tical subdivision of any other state or of the United States, in. cfuding, but not limited to, any bid or contr=ct for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that 'convicted' or 'convfctlon' as defined in Paragraph 287.135(1)(b), ~ ~ means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, In any federal or state thai court of record relating to charges brought by incflctment or information after July 1, 1989, as a result of jury verdict, nonjury thai, or entr~ of a plea of guilty or nolo contendere. 4. I understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), ~ means: I. A predecessor or successor of a person convicted of a public entity crime; or Z. An entity under the control of any natal person who is active In the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another perscm, or a pooling of equipment or income among persons when not for fair market value trader an arm's length agreement, shall be a prima facle case that one person controls another person. A person who Imovdngly enters into a joint venture with a person who has been convicted of a public entity cHrne in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person' as defined in Paragraph 287.133(1)(c), ~ , means any natural person or entity organized under the laws of any state or of the United States with the legel power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entlty, or which otherwise transacts or applies to transact business with a public entity. The term "person' Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 34 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn s~atement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged wfth and convfc~ed of a public entity creme subsequent to .luty 1, 1989. ~The entity submitting this sworn statement, or one or more of the officers, directors, exect~ives, partners, shareholders, employees, members, or agents who are active in management of the enti~, or an affiliate of the entity has been charged wfth and convicted of a public entity crime subsequent to Jury 1, ! 989. ~The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entry, or an affiliate of the entity has been charged with the convicted of a public entit;y crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the pubflc interest to place the entJ~, submitting this sworn statement o~ the com4c~ed vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, rHAr THIS FORM is VALID THROUGH DECEI4BER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOCO AMOUNT PROVIDED IN SECTION ZBZ. O1Z, ~ FOR A CArE¢ORY_TWO.OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF ELORZDA COUNTY OF HE~D~ Subscribed and Sworn to (or affirmed before me on 3/20/97 (date) ~ (narna) o me or has presented. TRACIE G. tde n ti fica t ion. Nolary (Notary's Signature and Seal) 3/21/97 she is 3S 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ~The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged ~th and convicted of a public entity crime subsequent to July 1, 1989. ~The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged w~th the convicted of a public entity crime subsequent to .lufy 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of FTortda, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM I$ VALID THROUGH DECEM8ER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, ~ FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORI, tATION CONTAINED IN THIS FORM. (signature) STATE OF COUNTY OF (date) Subscribed and Sworn to (or affirmed before me on (date) . He/she is personally known to me or has presented~ iden ti fica tion. (identification) as (Notary's Signature and Seal) 35 PROPOSALFROM Jack~ueen Constructionz Inc. (NAME) Post Office Box 990 Immokalee, Florida 34143 (ADDRESS) Cow Slough Water Control Dlstr~t P.O. 8ox 68 LaBelle, FI. 3393S GENTLEMEN: The undersigned bidder has carefully examined the contract documents, the site of work and is familiar with the nature and extent of the work, and any local cono"fl~ns that may in any manner affect the work to be done and the equfpment, materials and labor required. The undersigned agrees to do all the wod~ and furnish all equipment called for by said plans and spectr,:ations, in the manner prescribed therein, in accordance with the Engineer, for each of the Items or combtmtions of items rdpulated. It is understood that certain quantities shown in the schedule are approximate only, subject to increase or decrease and for the purpose of bid con~ for the determination of iow bidder. It is construction as more specifically provided in the General CondItions and Detailed 21 Facility L1E 1 BID SCHEDULE n'EM 1o lOO 3ooa 30ob 40O 400 a 500 DESCRIPTION ESTIMATED QUANT/TY UNff UNIT PRICE TOTALAkK)UNT Iktot~ & 1 Oearlr)g & ~ Ur)cbsstfied Cand Excmvaticm 4,753 P13cemem & Sharing spoil 1 Ci.dYert 42' diameterv/5' Ri. set16 30' dmmeter 42 24' dlarr~er 30 Sand Cema~ ~ 25 LS. $. L~ S_ S, 1,000.00 c.Y. L.S. $__..____ S, 750.00 S_ S, 1,375.49 IF. S L.s. S.____J_[7_.~ IF. S14-37 $ 603.54 IF. ~ 9.69 $ 290.70 200.00 5,000.00 CY. S. $ IF. Sl.~S~ TOTAL 22 Facility L2E BID SCHEDULE rTEH DESCRIPTK~ ESTIMATED ([UAKm~ UNff UNIT PRICE TOTALAI~XJNT 10 lO0 300a 300b 4OO TOTAL L.S. S_ C.Y. S_.:.. 65 L.S. $__ L.S. $ ~,5oo .oo $ 3,___._479.45 $____=0.=-~ $ 7 014.95 Facility L3E 16G 1 BID SCHEDULE ITEM ESTIMATED DESCRIPTION QUANTTT7 UNff UNIT PRICE TOrN. AMOUNT 10 100 3O0 a 300b 4OO 400 a Mobilizatk~n & Derno~liz~Jon Unclassified Canal Exca~tk~ Placemem & Shal~g spoil Culvert InstalaUan Sand Cemem ~ TOTAL CoYo L.S. LS. C.Y. $..75 $ 900.00 $ s-aao.oo--s~ ......... s ~,9oo.oo rTEM 10 100 300a 300b 4O0 400b 5OO 16G SCHEDULE Facility 1_29 DESCRIPTK~ ESTIMATED QUANTITY UNIT UNIT PRICE TOTALAMCX,e~ Mobilization & Demobilization Unclassified Z4' diameter 36' diameter t,~tered end section 36' diameter 24' diameter 1 gs. S $~ 1 19 AC L.S. 1S,566 C.Y. 1 LS. 265 LF. 120 LF. $1.200.00 $ 1.1S $17,900.90 $ 1.00 $15,5 6.00 S. 19.60 S 5,194.00 S~S._.4.,_6Z.4..~dL~ 8 EA. $. ?00.00 $ 5,600.00 4 EA. S S00.00 S~ 4OO U:. S, 2.00 S__ 800.00 e TOTAL ......... s~ TOTAL OF ALL FACILITIES $106 207.13 Z$ The undersigned also agrees as follows: 1. To do any extra wod( not covered by the above schedule of ;x~ces, which may be ordered by the Engineer upon autlx:~zation by the Owner and to accept as full compensation therefore, such prices as may be agreed upon in writing by the Engineer and the Contractor in accordance wfth Section 18, General Cond'rrJons. 2. W'~hin five (5) days from the date of acceptance of this proposal, to execute the contract. 3. To begin work within ten (10) calendar days after the date of receipt by him of the Notice to Proceed and to complete the work not later than ninety (90) calendar days after 4. To reimburse the Owner, as Iklutdated damages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the ~ wodL the amount of $ 200.00 per calendar day. Receipt of Addendum Numbem. ~s admowledgecL Dated this 20 dayof 14arch 1997. Cona'actoc~een Constuctton, Inc. leez...~_FL (See Instructions to Bidders for proper signatures and informatfo~ required) 34143 26 PROPOSAL FROM, (:NAME) PO Box 25&7~ i,~Bell~ FL (ADDRESS) 33975 P.O. Box 68 L~Belle, FL 33935 GENn. E~F.N: The unde~r~d I~dder I~s ~refull~ ~a~ ~e ~ ~n~ ~ s~e of r~. ~ ~ ~ ~ ~ al ~ ~ a~ ~ a~ ~~ ~ for ~ ~ ~ s~~ ~ ~ m~n~r ~~ ~erein, In ~orda~e ~th the ~,f~~~~of~~~ ~ ~~ ~ ~ ~ ~ ~m ~I~ ~, ~bj~ ~ ~a~ or 1 BID SCHEDULE Facility 1 ITEM 10 100 30Oa 300b 400 4OOa 50O DESCRIPTION ESTIMA'Ti~ QUANT1TY UNIT UNIT PRICE TOTAL AMOUNT Mob~izatJon & 1 L.S. OemoUnzat~ Clear,no & Grubbing 1 LS. Unclassified , Cand ~ 4,753 C.Y. Placement & Shaping spoa 1 L.S. 88 L,I~. 42' diameter 16 LF. 30" diameter 42 IF, 24' di=meter 30 LF. Sand Cement mprap 25 CY. TOTAL $. 350.00 $__ 350,00 ~..~,500.00 $.2,500.00 $_ $.3,564.75 $ 6.82 $~ 600.16 · $__ 55.39 $. 886.30 18.1& 761.88 12.22 366.60 $.____.5.a. s~ ......... ~.I,&16.92 22 16G BID SCHEDULE Facility L2E ITEM 10 lO0 30oa 30ob 40O D~ ESTIMATED (~ f..n~frT UNIT PRfCE TOTAL.Ak~X.,'F~ Unc~sstfled Canal 1 I.~. $~)00.00 $. 500.00 5,353. 1 L.S. s2,ooo.oo $2,000.00 CY. S .60 $3,2~.8o ~ $.___~ $.J~ L.So $_ TOTAL ......... S7,°s°'°s BID SCHEDULE ITEM J:)ESC~nON (3JAKTnY 10 100 300 a 300b 4OO 400 a ~ lnltalatk~ 0 TOTAL Facility UNIT UNIT PRICE TOT. RI. AMOUNT cs. s~ LS. $ ].000 $_~ooo C.¥. L.S. C.¥. L .so s s__oo S___..___ s-- s_ S 3._..~.___S_ ].400 ......... $_ 3500.00 Z6G 24 1' BID SCHEDULE Facility 1_29 ITEM D~ 10 lO0 300b 400 400b 5OO Uncla~ifled Canal F.~a~aflon IS,$66 C.Y. R, ace'.,e~ & ~ sma 1 L~ C~ve~ ~ 385 L.~. 24' ~a~ 265 ~. 36' ~ 120 ~. 36' ~ 8 24" ~ 4 TOTAL TOTAL OF 250.00 250,00 ES. s .ss ~2.2~1.1o S_ ~o,ooo.oo 5.50 2,t17.50 s 12.22 s2,2~8.20 $ 21.67S_2,611.20 EA. S 350.0._.._..~0S_2,800.00 S_._~oo.oos 1,2oo.oo u:. s /25 $ loo.oo ALL FACULTIES S. 11o,321,2~ 25 1 1. To do any extra ~ not cove~.,d by the above schedule of pdces, which may be ordered by the Engineer ~ auttx)~zation by the Owner and to accept as full compensation therefore, such IXiCeS as m3~ be agreed upon in writing by the Engineer and the Contractor in ~nce with Sectio~ 18, General 2. WP~hin f'nm ($) da~ from the date of ~:ceptance of this proposal, to execute the 3. To begin work wfthtn ten (1 O) calendar da~ after the date of receipt by him of the Notice to Proceed axl to complete the work not later than ninety (go) calendar days after 4. To reimburse the Owner, as IkaJdated damages, for each calendar day elapsing between the date herein specified as the date of full completk~ and the actual date of such full cornpleti~ of the com3-act work, the amount of $ 200.00 per calendar d~/. Receipt of Addendum ~ · 21~t Ketch 1997. ~.~l~.T~.~t J~ v D ~. 11 IRC Addre~, Po Bex-25&7 LaBeXXe FL 33975 (See Irm3'uctior~ to Sidde~ for proper signatures and Infonmt~ required) 26 TO:. DATE: RE: Au~u~ ~.~ 1~97 Ptaluant to Fkxld~ 8talut~ Sec. 18~A17, Sec. 218.34 and Eec. 298.54, ttm cow .~:x,~h Warm' Conln:~ DII~:I tml ~ ttm follawV~: (.) ~ ~ ~~ ~Y~ ~/~ (~ ~ ~ ~ ~~Y~ ~ e~ (~ ~~~~~~~Y~~9/~ April 17, 1997 Mr. ~ C3m'k of the Circuit Cogrt Collier County 3301Tamiami Trail Naplff, Florida 3394V~ Dear Mr. 6iJ~ F. nck~d pieafe flad a copy od'tbe Annual Financial Amflt rm' the Cow SIou~ Water ControJ l)btrla for rb~ year eadbf Sepmn~ 199~. ~ryou have try questh~ ~b~ me rt~ort, phse pbem me at (~41) 4~4-4021. Thank you. Dm Clement District Administrator Cow Siou~b Water Cogtrd l)btrict Endosuru (I) Certified Mall Nmber:. ! 340 104 079 TO:. DATE: Thank You. I~em~ N C C INDEPENDENT ACCOUNTANTS'REPORT PARTI, Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expend'~ures and Changes in Fund Balances - All C-;-;-;-;-;-;-;-;-;~wemmental Fund Types Combined Statement of Revenues, Expend*e.~res and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Statement of Revenues, Expenses and Changes in Fund Balances - Fiduciary Fund Types Statement of Revenues, Expenses and Changes in Fund Balances . Budget end Actual - All Fiduciary Fund Types Notes to General Purpose Financial Statements PART II. Report on Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Govemrnent Aucr~ing Standards Report on Comprmnce Based on an Audit of General Pu~ose Financial Statements Performed in Accordance with Government Auditing Standards Management Letter 4 5 6 7 15 17 18 February 7, 1997 Board of Commissione~ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Flodda We have audited the accompanyflN] general purpose financial statements of NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT. as of and for Ihe year ended September 30, 1996, as listed in the table of contents. These gef~eral purpose financial statements are the respons~ir~ty of NORTH NAPLES FIRE CONTROL AND R~UE EEItrf~s manageme~ Our respof~T~ty is to express an optnlort of~ these general purpose financial statements based o~ our aud'~ We conducted our audit in accordance with gef~-ally accepted auditing standards and Government Aud'~ng Standards issued by the Comptmlle~ General of lhe United States. Those standards require that we plan and pedoffn Ihe audit to obl~n reasonable assurance about whe~er Ihe general purpose financial statements am free of material misstatement. An aud'rt includes examining, on a test basis, evidence supporting the amount~ and disclosures in the general pu~ose financial statements. An audit also includes assessing the accounting pdncipias used and significant estimates made by manageme~ as wel as evaluating the overall ge~erel purpose financial statemeflt presentation. We believe that ou~ audit provides a reasonable basis for our opinion. In our opinion, the gef~eml purpose financial ~tatemef~ referred to above present faidy, in all material respects, the financial position ofltm NORTH NAPLES FIRE CONTROLAND RESCUE DISTRICT, as of September 30, 1996, and the results of b operations for the year then ended, in conformity with generally accepted accounting i:~nctpies. In accordance with GovemmentAuc~ing Standards, we have also issued a report dated February 7, 1997 on our considemtio~ of the DIstrict's internal control structure and a report dated February 7, 1997 on its compliance with laws end regulatio~s. Certified Public Accountants -1- 155' PART I. GENERAl. GENERAL PENSION FIXED LONG.TERM $ 9,392 $ 0 $ 0 0 0 0 0 0 0 0 5,559.134 0 TOTAl. (MEMORANDUM $3,590,873 138,904 10,193 5,559,134 0 0 2~,093 2~,~3 $ 0 $ 0 $ 0 $ 99,9'39 o o see. Oil see,o'~'~ o o ~ ___.__q o s.~9.~ o 9,3~ 0 0 2,533.~8 o Q Q The accompanying notes am an integral part of trinse general purpose linancial statements. -2- COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES o ALL GOVERNMENTAL FUND TYPES Rev~ues: Ad v-alo~m taxes $5,4g0,600 Fees 132,g93 Interest Income 125,101 Other revenue ~ Total Revenues ~ Personal services 4,863.793 Operatk~ expenditures 668,3S9 cep~al om~-y 93,46O Principal retireme~. 0 Interest end risc, al charges 0 Excess (Def~dency) of Revenues Over Expenditures Other FinarlCitlg Operating transfers In Operating transfers out Total Other Fimncing Sources (Uses) Excess of Revenues end Other 8oun:es Over Expenditures end Other Uses Fund Balance. Sei~ernt~t' 30, lggS Prtor Period Adjustment 0Yole 7) Restated Fund Balance. Se~ 30. 1995 Fund Balance. Sel~ember 30, 196 .....~~~~__ TOTAL SPECIAL DEBT (MEMORANDUM $ 0 $ 198.186 $5,688.786 g75,889 0 1,108,872 g$,214 14,935 234,350 ~ o ~ 0 67,g49 4,731,742 115,012 10,704 794,075 681,897 0 775,357 0 1g$,000 195,000 0 0 70,000 70,000 270,786 277,106 446 548.338 935,367 2,052.653 243,647 3,131.667 The accompanying notes are an integral prat of Ihese general purpose finam/al statements. '3' S ¢ FAVORABLE $ 0 S 0 $ 0 772,500 975,889 203,389 80,000 95,214 15,214 0 2.9~2 ~ VARIANCE FAVOIUBLE S 198.000 S 198.186 $ 186 0 0 0 14,(XX) 14,035 35 o ~o q 0 0 0 67,949 67.949 0 115,012 115.012 0 10,704 10,704 0 881,897 681,897 0 0 0 0 0 0 0 ~ o o 195,000 195.000 0 ~ ~ 0 281.775 281.775 0 55,591 277,106 221.515 o o _..___g 2.052.653 (89,775) (89,554) 221 ~ ~ 0 446 ~ 243,647 The accompanying notes are an integral part of I~ese general purpose financial statements. o4o STATEMENT OF REVENUF.8, EXPENSES AND CHANGES IN FUND BALANCES - FIDUCIARY FUND TYPES Revenues: Ad valorem taxes Interest income Total Revenues Personal services Total Expenses Operating Income Non-Operating Revenues: Operating transfms in from genmal fund Total Ncxl-opefa~tg income Net income Fund Balance, Septemb~ 30, 1995 Fund Balance, Septembes' 30. 1996 PENSION $ 9,000 9,392 The accompanying notes am an integral past of these general ~ financial statements. 165' STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCES - BUDGE'rAND ACTUAL - ALL fiDUCIARY FUND TYPES Ad valo~m tax~s Interest h~Gome Personal services Operat~g h~:ome Goss) Non - operating income Net income VARIANCE FAVORABLE $ 9,000 $ 9,0o0 $ 0 o o o The accompanying notes am an integral part of these general puqx)se financial statements. -6- E I E E F N C MEN E 30 1996 - I C C N lC The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida Slate Legislature to provide fire and rescue services to a certain pmscn'bed area in Collier County, Florida. and is an Independent Special District au~ortzed and existing under the Law of the State of Florida m'mbr~g statute chapter 84-416. The District is operated by a three person Board of Commissionem. These general purpose finandal statements include all operations and activities relevant to the ~ and them are no component units. In evaluating the District as a repofling entity, potential component units (traCrtionaliy 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 responsibir, y by the Districts Board of Commissioners. Factors other than oversight which may significantly influence the entity relationship, am Scope of Public Service and Special Financing Relationship. There were no entities mat required inclusion as a component unit within the Dtstflct's general purpose financial statements. Add*~onally, them 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 finarx:ial statements. The specific criteria used by lhe District for establishing oversight responsibility are as follows - Manifestations of ~ Respons~ir~)c. Selection of Governing Authority; Designation of Management; and Al:,Tfly to Signitr~..antly Influence Operations, - Accountability for Fiscal Maffers: Budgetary Authority;, Surplus/Deficit; Responsibir~y for Debt; Fiscal Management; and Revenue Characteristics. The accounts of the District am organized on ltm 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, liabirrtles, fund equity, revenues and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various furx/s are grouped, in these general purpose financial statements into two fund types and two account groups as follows: -7- . C N P lC ccu I oe a d : ~ - The ~ Fund is the general opm'ating fund of the District. It is used to account for all financial ~ except those required to be accounted for in another fund. cl venue - The Special Revenue Fund is used to account for the proceeds of specific revenue sources that are legally resMcted to expenditures for specified purposes. Restricted revenues consist of impact fees, which can only be used for capital expencFRures associated with growth in ~ District, and hydrant fees. ~ - The Debt Service Fund is used to account for resources to be used for the payment of debt service expend'Rums with respect to the bonds payable and compensated absences in the ~ Long-Term Debt Account Group. d ca nd · o~_~t[~l.Tj~lJ_E~ - The Pension Trust Fund is used to account for the contributions on behalf of the employees in the District. The managed Pension Trust Plan was established on Janua~7 1, 1996, for all employees hired after that date. e ral x ccou u - The General Fixed Assets Account Group accounts for fixed assets used in the Districts opereUons. 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 Dis~ct does not have any infrastructure. No depredation has been provided on general fixed assets. · eral on - · ccou u - The General Long-Term Debt Account Group accounts for long-term ~at~rees of the Distr~ The governmental 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 transa~on can be determined and "available' means collecb'ble within the current period or soon enough thereafter to be used to pay liabirRies of the currant peflod. Revenues are recorded as received except for mvanue suscepfl'ble to aca'ual and revenues of a material amount that have not been received at the nomml time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, impact fees and interest. -8- C I . C N CI $ cco Expend'Kures are generally recognized in the accounting period in which the fund liabirKy ts Incurred except a) Disbursements for suppaes inventory am considered expend'Kurus at the time of purchase; b) Prepaid expenses am not nm'mal~ recorded, with ttm exce~ of prepaid insurance; c) Interest on long. term debt is not accrued, but record~ as an expend'm.a'e when due. The fiducian/fund type (Peftsicm Trust Fur)d) is accounted for on an ecormmic resources measurement focus using Om ~ basis of accounti~. Revenues are recogn~ when earned and expenses are recognized when t~e related liabilaKies are ~ncun'ed. Each funcrs appropriated budget is prepared on · deta~ed rme item basis. Revenues are budgeted by source. F. xpencr~ures are budgeted by department end classified as follows: personal services, operating expencrrtums, ~ outlay, debt service and transfers. The District's budgetary legal level of control is at the fund level. Al budget mvisim~s at this level are subject to final review by the Board of Commissioners. ~ ~ control levels, management may tmn~w appmpd~ without Commissioner's approval. b d -ud et and · The Dis~ct prepares budgets to accmmt for the activities of the general fund, special revenue fund, debt service fund and pertslon fund. The budgets am prepared on a mocr~fied accrual basis consistent with generally accepted accounting principles. The budget column of this general purpose financial statement is prepared from the District's annual adopted budget as amended during the year. Appropriations lapse at year end. a I d The calendar is composed of the following dates: 1. Lien date 2. Levy date 3. Due date 4. Collection dates 3rd week in May July 1st March 31st November through March -9- C ! £ 166 - N I IF C C N C Encumbrance accounting urx~ purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been recorded in these general purpose financial statements for encumbrances. o a nfo · The total column on each Combined General Purpose Financial Statement is captioned 'Memorandum Only' to inokate that it is presented only to fac~T~ate financial analysis. Data in this column does not present flnandal position and results of operations In conformity with genemtly accepted accounting principles, and such data is not comparable to a consolidation. No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully colleca~. Co · b Employees, other than administrative personnel, can accumulate and carryover up to a maximum of 500 vacation hours and, if separated from employment, will be compensated for accumulated vacation time at their regular rate of pay. Administrative personnel can carryover 5 days of vacatiort hours per calendar year, not to exceed 15 days of carryover vacation hours. On August 15, 1996, the District changed their sick leave policy. As of October 1, 1996, sick leave no longer accrues at year-end and is no longer payable upon termination. At the end of each fiscal year employees va~l be paid 50% of current year unused sick lime and up to 3 days of the remaining sick leave may be 'banked' in the event of an emergency. Employees must first use their annual allotment of sick leave prior to utilizing any 'banked' time. Them is no lial~T~ for the 'banked' sick leave as the District no longer pays unused sick leave upon termination. To facilitate the transition to Ihe new sick leave policy, the District authorized a pay-out of 50% of accumulated sick leave for employees with 15 or more years service and 31% of accumulated sick leave for all other employees. Of the remaining accumulated sick time 50% was forfeited and 50% was 'banked'. The pay-out was on October 1, 1996 and the total liability of $240,640 was properly accrued at September 30, 1996. The liability for unused vacation and vested sick time is reflected in the general long-term debt account group. The District is in the process of accumulating funds for compensated absences. I E T . I I C CC N'FIN UCIE Investments are stated at cost, which approximates market value. Rodda Statute allows the District to invest surplus funds in a) the State operated Local Government Surplus Funds Trust Furtd; b) securities guaranteed by Itm U.S. Government or agencies of the U.S. Government; or c) interest bearing lime deposits or savings accounts in banks arid savings and loans organized under State laws or doing business in and situated in the State, provided coflateral requk'emef~ts m'e met. -C The District's cash and cash equivalents at September 30. 1996 was composed of the f'oflowing: General Fund: Demand Deposits $ 7,697 Money Market 1,115,283 Petty Cash 100 Special Revenue Fund: Demand Deposit Money Market Certificates of Deposit $ 12,687 503,050 Debt Service Fund: Money Market Pension Fund: Money Market S 9.392 Afl deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Florida Statutes. .11- C D I 0 9 3- C N N CC A summary of changes in the general fixed assets acco[~ group is as follows: Land Building and improvements Firefighting vehicles and equipment Furniture and fixtures S 539,657 $ 0 S 0 $ 0 2,567,937 97,752 (6.500) (214,101) 1,717,333 624.158 (54,051) 20,298 Balance Sept~nber 30, $ 5:39,657 2,445,028 2,3O7,736 This District made a o~e-lime ecfjuslnm~ to the general ledger in current year during the reconciliation of their physical fixed asset subsidiary ledger to the general ledger. summary of changes in the general long-term debt account group is as follows: S 448,755 S 185.205 $ (67,949) Compensated absences General obligation, 1987 series, bonds due in annual increments through 1996; Interest from 3.50% - 5.70% payable semi-annually. Balance 8ept~nber 30, $ 568,011 All full-time District employees hired pdor to January 1. 1996 are participants in the Florida Retirement System (System). a defined benefit, noncontributory, multiple-employer public retirement system. which is conb'ol~ed by the Sram legislature and administered by the State of Florida, Depertme~ of Administration. DMslort of Retirement. The plan covers a total of approximately 684.000 full-time employees of various governmental units within Itm State of Flodda. -12- C N C lC NE R NCI ATEMENTS_ 3 96 5- N I Co ued The System provides for vesling of benefits after 10 years of cmd'~ble service. Normal retirement benefits are available to employees who re,re at or after age 62 with 10 years of service. Eady retirement is available after 10 years of service with a 5% reduction of benefits for each year pdor to the normal retirement age. Retirement benef'~ are based upon age, average compensation and years-of-service cred'rt, 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 appRed to employee salaries as follows: regular employees - 17.75% and special risk employees - 27.6::2%. On January 1, 1996, rates changed to 17.66% (regular) and 27.50% (special dsk). On July 1, 1996, rates changed to 17.43% (regular) and 27.10% (special risk). The funding policy provides for monthly employer contributions at actuartally determined rates that are determined using the entry age actuarial funding method. The District's contn"rx~ion to the ~ for the year ended September 30, 1996 was approximately $787,760 and was paid by Itm due date for the contribution. This represents approximately 27% of the Dislricrs covered payroll of $2,930,853. The pension benefit ob~gation for the System as a whole, determined through an actuarial valuation was $47.3 billion at,kine 30. 1995, lhe date ofthe most r~cant actuarial mporL The report also Indicates Ihat ~e System had tolal net assets available for benefits of appmxtmatoly $45.2 ~ at that date resulting in an unfunded pension obligation of $2.1 billion. The total unfunded liab~y is being amofltzed over vm, yk~ periods not to exceed 30 )'ears. The pension benefit obligatfon is a standardized disclosure measure of lhe present value of plan benefits, adjusted for the effects of projected salary increases and step-rate benefits estimated to be payable in the futura as a result of employee service to date. A variety of significant actuarial assumptions are used to determine the standardized measure of Itte pension benefit obligation and these assumptions are summarized below:. a) a rate of return on the investment of present and future assets of 8 percent per year compounded annuafly; b) projected salary increases of 5.5 percent per year compounded annually, attributable to inflation; c) addi'donal projected satiny increases of 2.0 percent per year attributable to senoritylmerit; and d) a post-retirement benefit increase of 3 percent per year. -13- D C T 99 5- E I The measure is intended to help users assess the System's funding status on a going con(em basis, assess progress made in accumula0~ sufficient assets to pay benefits when due. and make comparisons among retirement systems and among employers. The System does not make separate measurements of assets and pension benefit obligations for individual employers. Significant assumptions used to compute pension contribution requirements am 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 peflinent factors is presented in the System's June 30, 1995 Comprehensive Annual Fmcs:iai Report. All fuil-t~me District employees hired after Janua~/1, 1996, are covered by a defined benefit plan established by the Distrfct by authorfty of Chapter 95-338 of the Laws of Rorida. As of September 30, 1996, there were three employees in the plan. The District makes contributions to the plan following the same procedures and rates as those in the Flodda Retirement System plan. The District's contribution to the plan for lhe year ended September 30, 1996 was S9,392, which mi=resents approximately 27% of Ihe District's payro~ covered under this plan of $35,000 The District adopted a sail.insurance program for health insurance claims beginning October 1, 1992. The District Incurred $507,238 in health insurance claims during the fiscal year ending September 30, 1996. No accrual has been made as of September 30, 1996 for estimates of amounts to be paid for actual and incurred but not reported claims. It was discovered during the current audit that a U.S. Treasury Note was canceled at year-end for fiscal year September 30, 1995. The proceeds ware reported as interest income instead of a reduction of the Note during 1995. Accordingly, we restated fund balance for pdor year to reflect this matter. -14- 1 PART II. ~ INDEPENDENT ACCOUNTANTS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE ~ ~ February 7, 1997 Board Of Commissioners NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples. Flodda We have audited the general puqx)se finmx:t~ statements of the North Naples Fire Control And Rescue Distrk:t (~e 'T3islz'~"), as of and ~ the ).em' ended Septembm' 30, 1~3e and have Issued ou~ report lYmmon dated Febmm'y 7, 1997. We conducted our audit in accon/mx:e with genera~ accepted aud'~g standards and Government Aucr~f~ Standan~s, issued by the Comptm~er ~ of the United States. Those standards raqu~ that we plan and pedmm the aunt to obtain reasonable assurance about whether the general purpose financial statemef~ am free of matedal misstatement. The DisMct's management is responsible for establisNng and maintaining an internal control structure. In fuffilr~g this msports~ity, estimates and Judgments by management are required to assess the objecth~es of an internal o:mtml structure am to provide management wi~ reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactim~ am executed in accordance wi~ managements ~tJon and recorded generally accepted acoounting pc~ciple~. Becatr~ of Inherent ~ in any Intemal evaluation of rrm structure to futura perkxls ts gd:~g to the risk that procedures may become Inadequate because o~ change~ in cond'~ or ~ the effectiveness of the design and operaf~on cC policies and ptocedur~ may deteriorate. In planning and ped~ our audit of the general purpose financial ~atements of the DisC-icl for the year ended September :30. lg~. we obtained an understanding of the internal control structure. With respect to the internal control ~'ucture, we obtained an understanding of the design of relevant North Naples Fire Control And Rescue Dis~ct February 7, 1997 Page 2 16 '1 policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our aucr~ng procedures for the purpose of expressing our opinion on the general purpose finarx:ial statements and not to provide an opinion on the internal control structure. A~ingly, we do not express such afl opinion. Our consideration of the internal con~ structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the Amedcen Institute of Cerlified Public Accountants. A material weakness is a cond'~on in which the design or operation of one or mom of the internal control structure elements does not reduce to a relatively Iow level the risk Itmt errors and irmgularibes in amounts ~ 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 lite nomml course of performing their assigned functions. We noted no matters involving the internal ~ structure and its operation that we consider to be material weaknesses as defined above. This report is intended for the infmmafion 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 distnl~tion 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 pubfic record. WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accotmtants 16- INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE February 7, 1997 Board Of Commissioners NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audRed the general purpose financial statements of the North Naples Fire Control And Rescue District (the 'T:~, as of and for the year ended September 30, 1996, and have Issued our report thereon dated Febeuary 7, 1997. We conducted our audit in accordance with generally accepted aud~ standards and Government Aucr~ng Standards, issued by Ihe Comptroller General of lhe United States. Those standards require that we plan and pedmm Itm audit to obtain reasmmlde assurance about whether ltm general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the District is the respons~Ttty of the District's management. As part of obtaining reasonable assm'an(~ about whether the general purpose financial statements am free of material misstatement, we pedormed tests of the Districts compliance with certain ~ of laws. regulations, contrac~ and grants. However, the objective of our aucr~t of the general purpose financial ~tatements was not to provide an opinion on overall compliance with such pmvlsk~s. Accordingly, we do not express such mt opink~. The results of our tests cr~:Josed no instances of noncompliance that are required to be reported under Government Auditing Standarcfs. This report is intended for the infommtton 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. Certified Public Accountants Febt'uary 7,1997 166 I Board of Commissiom~s NORTH NAPLES FIRE CONTEOL AND RESCUE DISTRICT Naples, FL Commissioners: This letter is in regards to Itm accountants' report on Internal control and is prepared in accordance with me Rules of the Audit~ ~ Chapter 10.550. The financial mpod filed with the Department of Banking and Finance pumuant to Seclion 218.32, Flodda Statutes, has not been filed as of the date financial audit report fo~ the yea~ embed ~ 30, 1996. There were no reportable comY~i<~$ identified fo~ fiscal 1990. Management represent~ that they have laken necessary action to implement all the recommendations contained in the prior year's management letter. During ~ current yeE's aucra, nothing came to our attention indicating otherwise. During our aud'~ of the gefmral purpose financial statements of NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, as of and fo~ lhe year ended Septemb~' 30, 1996 nothing came to our attention that lead us to believe ~ the District is In a state of financial emergency as defined in the Rules of lfie Audit~ General Chapter 10.550. -18- North Naples F'~e Control and Rescue District February 7, 1997 Page 2 This repofl is intended fo~ It~ information of management and the Board of Commissioners of the District, and should not be used fo~ any other purpose. This restrlcl~l is not Intended to r~nit the dl~ of this r~x)~ w~.. upon acce~nce ~ ~e Board of Commissionem of ~e Dist,.ct. and I~e Aud*~r Gene~l of ~he State of ~, I~ - rn~fm' of pubr~c record. We wish to express ~ a~ for Itm cooperation and courte~/extended to us by Chief Jones, Unda Johnson and other Dtsatct employees during our engagement. We are always available to WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accoumm'~ -19- Garg L Moger, P.A. Coral t, pr~r~, Rorlda ~71 (954) 7530380 January 6, 1997 Mr. W. Neff Dorrin Count7 Manager B301 ,~t Tmn~mi Trm'l Clerk of the Circuit Court Finance Department c/o Dwight g. Brock P.O. Box 413016 Naples, FL ~amu~ty Program D~m-tm2nt of Commu~ty T~ FL Dear ,Mr. Dorri~ Mr. Brock ami M~. l~xldich: Please be advised .that th, Di~zlct held it~ org"nizatlm~_ _ meetin~ on October 21, 1996 and at that time each Supervisor was provided with the financial disclosure wMch will laU~ the requirement~ of Chapter 112 F.~. aemmg with financial clisclosm'e. The Board Gl' Supm'viso~ will hold their meeting. L'~ Fiscal Yea~ 1997 on the fourt, h Momlay of each momh al; 10'.30 A.M. Sincerely, ,. ~ .... /, Manager Misc. Cortes: Item# liHEJt~M, Se~ion 190.00S, rlo:ida Statutes, pzovides ~or the ~ 1~ s~ ~ eff~ h rAg~s, a~rtty ~ ~y o~ ~11Aer ~ty to ~te 1~ u~o l~ g~h ~ the ~e-~e~e~ ~, O. S. h ~tL~ ~ ~y 2~, lJgt s~tt~ the ~ti~ ~ ~e~ ~ty ~oz 1~ ~ t~= vi~ ~, h ~e~ise o~ t~ ~Lty ~el~t Dls~g~'e ~ I~ ~~ ~11 c~ly v~h, and ~~ ~ o~ t~ ~ll/er ~ty late~ DL~L~ ~, ~ exercise ~ t~ ~ of ~iso~s of ~ a ~, a. S. ~me ~zatXo., as t~e co~t~oLtAnq ~tt~ ~ ~ ~d o~ ~ty ~l~%l ~ ask ~ c~m~s p~ any ~ .e ~i~ ~tly ~ e~f~ oz to ~ ~ ~ ~ furze ~ ~ie~ ~ty. ~ZSS~, ~: The Board of County C~mAssioners Bahs 1. ~ czeaC~ of h ~s~R ~ ~C~C vX~ ~ a~li~le extant or ~ of t~ SeRe ~~i~ ~ 2. ~e area o~ ~ ~A~ ~ p~ ~r~ ~ o~ si~, As ~fA~cly ~, ~ ~ suffl~eutly to ~ ~1~1e ~ ~ ~i~l ~te~t~ ~ty ~l~nt se~s ~ facULties ~ ~e ~11 ~ se~ by ~e 4. ~e ~ty ~l~ se~L~s ~ faciliC/e~ of ~e exisCLng l~ ~ ~i~ ~ty ~l~t se~s and ~acXlAtLes. 2 SgCTX01I T~Os ~ OF I~TZ?XON gSTABLXSXX~G DXSTRXCT. · he Boi:d hegeby g=anta the p~tition fo= the establLalunent of tI~e J:)ist. cict Purlaant to Section 190.005(2), rlo:ida StatuCes. s~c~oe T~.cr, rxmmu, ~ or ~z DXSz~XC~. · he ~ a~ to ~ ~e~ ~ the ~lty ~eX~c DiJtri~ is ~Ave ~ a~ fA~t~,~ (SS?.0) ~el~ ~s~al ~visi~, ~d~ ~ ~ east u~e~ ~. ~s 1~ agea As ~:e ~A~gly Nm of tho proposed disc=icc As the Itlplea BeziCage ConBu~ty DeTe]~m~C Dl~t=ic~. ~ ~ ~aA~e~ ~ ~o~ ~A~e ~ to ~e~ ~ a) ~o~ ~. ~i, 2700 ~ ~ses~ ~i~e, lIp~tl, ~ 34~04; 33912; c) ~eteg ~a, 10491 S~ ~Zt C~ll ~at~ay,' ~. ~, ~ 33912; d) Gohn E. StanXey, 2660 J~tpoz~ Road SO, ho Naples, EL and 34112; e) Ray Ki/le:, 3200 ~aAleF 14~e, Suite 200, Naples, EL 34104. SECTXON SXX: ~ ~D S~X~. o~ of ~ez ~ty oz ~= ~li~le b, the ~ 3 z~s:zic~iv~ shall a~ly. ~£ any phras~ o: ~z~i~m o~ ~his Ordinance is ~ld ~lld ot ~o~lt~l~l ~ any ~ M a~le~ t~ ~ali~y of ~he ~i~n~ ~r~i~. $~ze~a~ o~ ~tate. nori~. ~ s~i~ o~ t~ ~ ~ ~ ~~ o~ c~ Co '~i~', 'a~/cle', oz ~Y othec a~Ce ~. 4 sY'mrlo"K ,,kq ds,*bWe~ {4 Se,tabu b t dlsfan,. ~ 3B '96 14:1 TOt'~ Is. OS 16~'1 f60.C02 190~C06 190.014 190.015 ~90.016 f60.017 190.021 190~22 190,024 190.046 190 O~Pl~l' DIS'r'AJCT3 COiGfUNTTY Db"V~.OPMENT DIST~/CTS . '~ F.S. ~g23 16~ 1' F.S. 19(J3 C~MMUNTTY DE'V~I~IE~ D/STRICfS ' ~ ~ 1~o lng to shy suc~ syswn taxi ~:~ss~/o~ co'n~'~nt ~ fds if b tx~sWx~. ' '" tn.. ! CC)MMuNn'Y OE'V~LO~&4E]~T O~T'~CT'$ ' merit ~! a c~nn-a~ty ds-,~X~ant ch~k:t has · 165"1 ~ F.S.' 19(J3 such de~errrdmdon as deacrl:~d {n m~a-su~<~"4~ (c) ~~~~~ (4) ~M~M~u~ t~ 119. ~ ~ ~ ~ ~ kept lgo.ooa BudgR reports md ~ws.-- (2Xa} On or a~er ~ Ca,gate a j:vc~3~d t:xJd~et for ~ ~ ' flsc~ yea~ to be a~om-ovaL The ~ ~x~get 1329 ; · a msk:t~tM d4YMopment wht~n t~ dlstdc~ when 1~29 16G'11 1330 ! ; F.S. lg~J3 16G '1'~ Ch. 1~ F-~. lgg3 ' defined iff s. 190J:XX3(?~ tho r'A~ 0t rAIl 0f ir~ kl wNcfl mJCh I~ afl seculad Ihd tlw'aM:x~. ~ J ren~nJng ~ a~ ott~ fu~s c~ accounts other u~,. ~ c~ txecu. (6) I~$UANC~ OF ADorrloNAL 80NOS.--If ~ interest cot)- p~cee~s ~ ~ ~Ch')dS ~ ~ ~ ~ cc~t ~ ~r~j 1332 · COMMUNITY O~PME'NT 166"1q Ch.l~ 16G li tXX~d ~ ~ ~ me ~ ~ ~ m4 c~ (15) ~.4AJLT.--A c~ ~n ff~e IXx'~S ~' ~ c~ a Ioc~ Ge~ ~-m'r~t c~ ~ stare. % Ch. 16G 1~ 16G lq 16G 1~ 1993 1g0.043 SuRs fgnfflst I~e dlstr~.--~ ~f~ or ""' [ k=,q~ in ~. l~O.005(1Xm) in maJdn~ its datm~'nina~ t~ ~ A ~,S. 1993 COMMUNI'T'Y 0E¥~t.0t~£NT 0rST'I:IIC'~ - ,~ C~ 'tM ~ u'~ ~ m' 'whk:h ~,'e contagum~ Mm m. c::n. (~) (I) Upon main~g ~ ~ su,xu~s ~ ~ ctntained h t ~.OSl. any dsalct whc~ COMMU~-rY~ D~ 16G 1993 ~ar~ L, Mo~, P,-~ Coral Sprtn~, florida ~3071 P. O. Bax 41301S Naple~ FL 34112-3016 Re: Minutes oft, be Regular Board of'Supervisors Meeting of May 19, 1997 Enclosed for your tram'ds m', copl~ of thz minutee of tim meeting of the Board of Supervisors of Naples Heritage Community Development District held as Sincerely, Gary L. Moyer Manager GLM/nk Enc. RECEIVED i ~°.;:' -. MINUI'E8 OF MEE1/NG COMMUNITY DEVELO~ DIBII~CT The regular meeting of the Board of 8upervisor~ of the Naples Heritage Community Development District was held on Monday, May 19, 1997 at 10:30 AM. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constitutin~ a quorum were: Peter Co~u John F. Stanley Alan Burns Chairman Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Bill McAnly District 8taft Attorney Engineer ~omyim~~ Ron Can Mr. Ward called the meeting to order at 10:40 A.M. and stated that all members of the Board are present with the exception of Supervisors Agnelli and Burns who are abmmt at roll call. Mr. Ward stated you have previously received a copy of the minutes of the April 28, 1997 meeting. If there are any corrections, additions or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. Mr. Comeau stated I have corrections on page 5. The second line from the top should read: "units expected to be constructed within the next 90 days. The product is". The tenth line should read: "single family units and the other is to be used for off-site mitigation to keep the". The thirteenth and fourteenth lines should read: 'story buildings and four four-story 30-unit buildings. U.S. Home has had some preliminary discussions...". The sixteenth and seventeenth lines should read: "of Engineers and there appears to be no obstacle to changing the three two-story 12-unit buildings into 16-unit buildings. There is". The twentieth I6G"l ' through twenty-second lines should read: 'Basically, the 4-story top-floor elevations as originally designed, the top two ur~ts were cut off for the sake of appearance and it is being very well received, which U.S. Home wants to add back those two units'. Overall U.S. Home is considering..'. The twenty-sixth line to the end of the paragraph should read: 'laterals. All of the main systems in~rastntcture that are ~ to be put in ~ be there and no up~rades will be required for either water or sewer lines and/or for li~ station capacity. As of' this morning, Dexter Bender Associates, who is the Environmental Consultant for U.S. Home, conveyed that the meeting was conducted with the Corps of Engineers and with the Water Management Dist,'ici and they expect no problem. This is important because ii' U.S. Home does get the additional 48 units, this may have to be included in Mr. Fishkind'e report'. On page 6, first par~raph, fourth sentence,-the eleventh and twelt~h lines ~om the top should rea~ 'is concerned. Fill he~ been brought in throughout Ph~e 2. U.S. Home was ready to award to Iow bidders, Harper to do all o£ the roadwork and Southwest'. The rest is correct~ THIHD ~ OF ~ Dfstributlon of Proposed Budget end Con~fdersttfon of Re~olutfon 97-22 Approvin~ the Budget and flettin~ the Mr. Ward stated item 3 on the agenda is the distribution of your Fiscal Year I998 Budget and consideration of Resolution 97-22 approving the Budget and setting the public hearing. Let me tell you the process that you formally go through for the consideration of your Budget It is a two*step process. First, is the Budget which we present to you for your consideration and what is called the approval of that Budget for the purpose of sett/ng a public hearing only. It does not bind you to any of the numbers that are contained in the Budget or any assesmnent rates to the extent that they are required for this Budget~ It merely allows you to move forward through the process such that in July of tiffs year when you have your public hearing you will be able to *adopt' your Budget, as the Statute terms it, for the purposes of setting any assessment rates that you may 2 May 19, 1997 have for 1998. For Naples Heritage that comes in the form of two Budgets. One is a General Fund Budget for 1998, which is in this in, race a similar Budget as you have seen in 1997. The record will reflect that Supervisor Burns has joined us. As you have seen in the prior yea~ with the changes being made to reflect the fact that you have bonds outstanding for arbitrage rebate and trustee fees and I included the fees to place this on the tax rolls for 1998 to the extent that will be required. The second Budget is your Debt Service Fund Budget. That is the Budget that essentially accounts for the money that you will receive to pay the debt service associated with your Series Special Assessment Bonds and it includes the revenue that flows off' ofyom' Reserve Accounts which, as you will recall, is the amount of money that you have set aside to pay those bonds. It was in the amount of 10% of the par amount of the bonds at the date of issue pI~s whatever other moneys you have available which, include the Capitalized Interest Account, and then what the actual principal and interest expense will be for November of 1997 and May of 1998. The back page of this is an income statement of where you are to date relative to this bond issue, and I think as of April 30th we have received $1.2 million in prepayments. Those have come from U.S. Home making prepayments on specific lots that they must have sold during the course of' that period and I think we anticipate receiving another $750,000.00 through the balance of this Fiscal Year for a total of $2 million. Back on the first page is a summary of all of that accounting with respect to the revenue and e~rpenses associated with that bond issue. If you have any questions, I will be glad to answer them and as I have in~cated, this is a preliminary Budget for you~ approval only. It needs to be reviewed by U.S. Home to insure that operationally th/s is what will occur for 1998 and secondarily, we will need to develop the Debt Service Fund Budget a little bit more to track what their sales will be during the year to insure that we have accounted for the prepayments. If you have any questions, I will be glad to answer them. The motion that I request of you is to approve Resolution 97-22 which is a Resolution approving the District's proposed Budget for Fiscal Year 1998 and setting a public hearing thereon pursuant to Florida Law. That public hearing is scheduled for the 28th of July of this year at 10:30 A.M. at the of 6ce of Young, van Assenderp & Varnadoe. Mr. Comeau asked have you been in touch with the Property Appraiser and Tax Collector in anticipation of' what tbe~ fees will be? 16G I Ma719, ~ Mr. Ward r~plied it is based on previous experience. They have essentially a set fee for providing that service. It is 2% of the amount of the assessment and 1% of the amount of the aseessmont~ As you know, when you pay your tax bills you see that you can take a 4~G discount ii' you pay it in November. Ail governments by law bump up their as~ssmente by 4% in order to account for that discount being tak~ by someone who pays their tax bill so that is what we call the Revenue Reserve by State Law. Mr. comeau stated UoS. Home will be t'axing you an updated copy oi. the projecte~ sales and of the projected closings t'or this year. There is a backlog and you will have that for you~ records. It' there are no other questions, I recommenci approval of the Reselutio~ Mr. Anderson asked have we taken all of' the steps that we need to get this on the tax bills or is there anFthing leR that we need-to cio? Mr. Ward replied we clici cio all oi. the steps at the Board level. I cion*t recall it' the actual AS~eement with the Appraber anci Collector has been signeci. I will check on that issue for you. Mr. Comeau stated I haven*t signed any~l~ing on that. Mc. Ward stated we dici at a Board level, they took all oi.the logislative steps, I ~ust need to make sure that the A~reement is in place. They know it is coming in ter~ oi' putting it on the rolls and that is not a problem. Mr. Burns asked does it have to be voted on tociay? Mr. Comeau stated this is a preliminary Buciget and we have time to go over the numbers and analyze it in more detail but I am sure it is accurate. FOURTH OI~DER OF ~ Sta~~ A. ~ There not being any, the next item followecl. There not being any, the next item followed. C. ~er There not being any, the next item followed. 4 1 SIXTH ORDER OF ~ Supervl~or~ Reque~f~ and Audience Comment. Mr. Ward uked is there anything From the Board? Mr. Burme stated I have ~ome que~iou~ on the Enancial statements. I was L-acing the activity From the February 6nancial ~temont to the March financial statement and on the Debt Se~ce Fund and also on the Capital Projects Fund you have amounts tnmst'C,~Ted out. I would like to ]mow what those h-ansf'e~s out were. They are not eelf-e~planatory in the financial statements. M~. Come~u mdred is it that ~!0,076 credit? one was tram'eh'ed in and the othe~ wu tranCed_ed out, I could follow the flow but both of them m'e trans£e~s out with no e~planations o£ why they we~ tnmsferred out. Mr. Wm'd Stated I will look at that. Genendly within the bond t'un~, the operating tTanst'er~ in and out go to ~liffe~ent bank accounts within the tntstee statements so that is where you will see it. They don't e~,e~ get ~en'ed out into obU~on, they get tz~msi'~ within the congraints of the bond funds but I don't know where within the constnd~ts of the bond fund they are tnm~er~e~L ]V~-. Burns ~s]red sheuId I get hold ofyon~ accountant on that issue? Mr. Ward repUed yes, ca/1 Randy White d/rectly and ask him or, now that I know, I will make myself a note and you will know later today the answer to that question. Mr. Comeau stated do something in wTit/ng and ~ax it to his office. Mr. Ward stated I will do that. Ate there any othe~ questions ~om the Mr. Ward stated if there is nothing further, a motion to adjourn would be in order. Chairman 16G 1 6 NAR~ CO~ D~,"~'LOInvfI~ DISTRICT 16G 1 Distnqmution of Propos~ Budget and Considarat/on of Resolut/on 97-22 A. Attormsy ~. Engineer C. ~ger Supervi~ Reque~t~ and Audience Oc~mnenta Con~darat~on of Fund~ ~ No. 7 A~ournment C~ML S~t~GS FL 330~t IiIC Id II II CIdICId II ~ RESOLUTION 97-22 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 199~ AND SETTING A I'UBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District l~qa~ has heretofore prepared a~d submitted to the Board a proposed operating budget for F'~cal Year I998; and ~, lhe Board of Supervisors has considered said proposed budget and desires to ~,t the required public hearing thereon; NOW, THEREI;ORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNrI'Y DEVELOPMENT DIS'I'RI~; I. The operating budget proposed by the District Manager for FL~al Year 1998 i~ hereby approved as the bas~ for conducting a public hem-lng to adopt said budget. 2. A public hearing on ~td approved budget i~ hereby/declared and set for the ~ollowing date, hour and place:. Dam July 28,1997 Hour:. I0'.30 A.M. Plac~ Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive 8uit~ 300 lVaplea, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 27hh day of May, 1997. ~ Chairman 1 Naples Heritage Commtmlty Development District Budget - General Fund Fiscal Year 1~$ TrusUd (N/A 1:~ 19~M) Sub-total: Total 16G S~O0 ~200 Sl~O0 1 Naples Heritage B~ ~ Yw 199e Debt tl4n4ce Fund 16G UrlppropMMcl Fund Balance- October 1, 1997 Inter~t Income P~Y~d DMX P4M~w~ In~r~t ExpM~ TIx Colledor F'rc~ )qx~Mr $506,268 $368,622 To(~ ReYenu~.~ $0 $1 010 446 Total Debt Sewlce: $1 010 446 $3,473 $14,325 TotaJFee~&Cllarget $24 814 TotaJAl:~ropdat~:)n~ S1035 260 Naples Heritage Flsr~l Year lgg8 D~M ~trvk~ Fund 16G 1 Reserve AccourlC year on d boflds ~ The morde~ In l~e Reserve Ac~ to the extent $1,640,000 Urdted Sta~e~ Treasury Notes Ul~ttd ~ T~ ~ 5.625% $812,000 5.100% $830,000 5.10% $4 852 Revenue Fund S340 Interest Account S66,780 Pre-Payment Account $5,000 $88,250 $72,120 Naples Heritage Budg~ Flexi Yem' 19g~ Debt 8en4ce Fund 16G D~t $1rv~ Prlnclp~ Regiment. Novemt~ 1, 1997 To~ Intsr~t ~: $0 S505,223 S505,223 $1,010,446 $7,016 Prc~,ly ~ Fees Itl based on ~ Year 1998 Asse~m~ to be collected. The Prope~ Xpprabe'm fees are one (i) percent of ~e ~sessments collected. $3,473 The Distrk:t curm~ reserves, I~ State Liw permits the Dtst~ to K~h~i~6~ d ~ reyenues, wNch will cover discounts nnd non Total Other Fees & Charges Total Approprlatk~n8 $14,325 $1,035,260 Naples Heritage Flecel Ye~ 199l Debt eenA~ Fund Actual Anticipated Total FYi7 4/30157 Thru g/3oYg7 lgg? FUrlCl B~lnc:e SO S0 SO SO PrelMymeflts S2,000,000 S 1,241 ,~88 S758,012 S2,000,OO0 Bond Proceed8 S2,~81,010 S2.g81,010 SO S2.g81,010 Interest IncG'~e S*l,SO0 $4e,S02 $44,g98 $g1,500 Tc~l ~ SS.072.510 S4.269.500 $8031010 S5.072.510 ~ S2,000,000 S1,241,000 S759,000 S2,000,000 SO S0 SO S0 S421,019 SO S421,01g S421,019 Total Net Income S2.421.019 S17241,000 S1,180.019 S2,421.019 S2.651,491 Unappropriated Fufxl Balance September 30, 1997 SO S505,223 SO Sl,840,000 S505.223 S506~268 16G I vm so so SO SO So $0 SO $0 SO #4-104-38~91 3/18 Servfce #4-132-39478 4/9 Servfc~ Jm P. Wm~L tn~. 4/97 ~afe 4/O7 Copy Chrse S/O7 Rent S/g7 J~mqement P'ee # 1389418 4/28 meeUng l'~a, CSce I~F ~ #7 88.93 810.97 $23.~ $200.O0 $2.833.33 814.95 SM.70 $I~0.00 860.24 MOO $800.00 *5.1~0.~7 Accordingly, it wm]M be appropriate for U.S. Home Corporation to fund these ftems at your eaflle~ converdence. Thank You for your attmtlon to this matter and if you have any questiom, please let me ~. In the meantime, I rematn. Naples Heritage CDD 10300 N,W. 1 lth Manor Coral Springs, FI. 33071 Yours sfn~. 1 Randolph O. White t v. C~, ~ ,OpJ* · mm, imam ~ 99~ . ..,,.. o**.,...o . ~0 .! oo..o ~~D: :~U/laI"I O ss ppq lo.uls!cI lu~mdOleae(I 'f~.muum~°O e~sl.tZ~H s~ldsl~I ~o s.~os.u~dns ~o p~o~l ~ $o ~ug. a~m ~ql ~o slrln .u!m ~q~ ~o se.uioo ~v sp.mo~ zno,q ~o$ p~sopu~t I LO{{ epUOL~ 'sBu!ads le~OD joueN q~ua~13 ]samq~JoN 00{0I 99I '¥'d '~a~.Ol~ "I rUeD '.sasodmud. p.xom aq~ pp~ pus .~o$. paom ~ ~i~p pu~ .~Spnq. ~ .p~Spnq. p~o~ ~q~ a~ueq~ '.~o3. p~o~ ~q~ ~su go d~ ~ u0 .~ ~~ sp~o~ o~ ~sel ~q~ '~ ~ed ~o ~oq ~ u0 llnJ 2s~g aqq 'auH puo~as aR2 u0 '.aR. o2 n~amoo '~. 's~es 2[ 'mo~2oq aq~ mo~j qde~e~ed ilnJ ~g aq~ 'g a~d u0 'p2ooa2 jo ~d e asoq~ a~m II~ a~ p~ nog q2~ 2~ '~O~alaP 2o ~o}q~p~ 'suo~a~o~ g~ aq~ jo s~nu[m aq~ jo gdo~ ~ pa~}a~a2 Xlsno~a~d a~q nog p~ p~ .~ 'II~ lloa ~e ~uo~qe s! oq~ ,Co/urns 'a~jo uo.r4do~xa ~ q~.ua ~uosoad o.re p.reo/t oq~ jo saaqu~ouz IIe ~eq~ pa'l~ pu~ 'I'/'%' 0g:0l ~ aopao ol Zu!~oo~a oqt p~ii~:~ P~A'~ '.x~ I~D llOH ~.10 H~IC1HO ,UgHIzl ./aau~u:3 aCauao~¥ .Umg uouaapu~ a~na8 p.re~ 'd samel~ .zos.t~aadnS aos.u~adnS uema!eqo :aaa~uasaad OSl¥ aa II!I~ puom~r8 HlaU-~ '1' u'qo.r. ~'u.m~ treIv neamoD a~OcI :aaaa~ unuonb e 2u!~n]Dsuoo ptm ~uasa. xd 'ep.uoI2I 'SalCle/~I '00g a~.mS 'a*.ucI aeO laane-i I08 'aopux/.reA ~, daapuass~ treA ,SunoX ;e 'I~W' 0g:0I ~/,66I '82; I.UCl¥ '~spuoI~I uo Plaq s~s ~.tr~s!CI ~uamdOlaaaCI ~.t.mmurmoo a'~.UaH SaldeN aql jo saos.uuadng jo p~o~[ aq~ jo ~u!.~om aeln~aa au, L D~ &O ~ jo l~om~ ~1 ,~iioa x~; e~ uo 2uemssoss~ u~ ff~oI o~ oppop no~ pu~ '~1 op ~ou op Xoq2 j~ '~o~ ~xou uoAo pue suo~2uaodo anof3o I~ sP~3 aodoloAo~ oq2 o~D u5 ~u~od s~ ~u oaoz oa~ oaeq noX ~uq~ sp~3 sni~s 3o ~o~ oq3 'aN~UOH Sald~N ao~ ']ua~aaoN oN~l ~ a~ nof ~q] ]ua~a a~ ~ sXauom aso~ 'ap~j ~nl~ns ;noX jo s~uom~saAu] a~ ~ a~pa~oad pu~ pa~:Hdmo~ Xi~l~[aa ~ azHDn ol noX moll~ q~m ~I q~no~l I suoll:aS 'gl~'Sl~ aa~d~qo u~ q~oj ~a~ s~ q~ e~n~S ~ql jo 81~ aa~d~o ~ ~au~ aql ;oj posn a~ ~eq~ s!seq ~o~ad amos ~o Xl~p ~ uo ~aq]? gsaAu[ noX ~s eql Jo I~ u~ a2~q~ ~ papua~oaej uog~pos~ ~a~O e~u~ ~ua~noD 'p~ X~ ~ua~sa~u! a~ jo amos ~ eag~ia~ sassoi luam~aam a~I p~u~p~xa saa~o amos pu~ e~oj!~3 Xl~o~ ag~0 ~H ~ua~aao9 ~a~I a~ jo amos 'o~s ~a~jo aldnOO e ,m~! s~1 uo ~s~ amos noX aa~ ~ p~s P~A~ '~ 05'L6 uo!~nlos~R jo uo!,saop!suoo ~~O~o~ /.66I 'SZ .[Pdv I 'PO~OllOJ mai! ~xau oql 'Xu~ l~u!ac1 ~ou oaoqj, 'g .~aqumu mai! oq aaom II.U* a,~ 'pzeoi~l aql ol olq~davve s! leql .II 'paqs!Idmo~ae uaaq a,gq suoDgog.rlou asoq'l se ~pual~e azn~nj ~ uo ~! alnpoq~s uaq] pue ~doadd~ se uoDe~uDou · aapao u! ac[ pluot~ u.mo.tp~ o~ uo!lotn ~ '2ou JI Lp~o~ a~ moaj suo~lsanb aoq~o ~ug oaaq~ a~ '~uama~S amosuI oq~ uo s5 ~eq~ po~uoaajoa I ~q~ ~unooaV ~ua~daad aq~ u~ 00'000'gi65 aq~ s~ aaa~ pu~ ut a~o~ s~uam/ud a~oa s~ pu~ u~ a~o~ s~ua~daad si qolqm 'lunooo~ lsa=~ul mo& ul 00'000'L~g'I$ ~qaQ aq~ '~q~ mo~j ~q ~uom~s au0 .soan~!puadxa ~a[oad o~n~nj aoj posh ~ ~ ~u~q 1~ ul ~u!ll!s ~aafo2d i~!d~D ~no< 'onss! puoq UO!lI~ 915 ~ uo q~nouo XI~u!lsa~oluI 'osI~ spung sl~a[oad I~!deD 2noX ~oj pu~ pu~ qs~a jo s~ u! pal~aOl s! ~ouom ~no~ jo I[~ o2a~m noX slIal qoqsd~us l~d~o pu~ oa~ :qoa 'p~g ~auao o~s oq; u!~ '~uam~a jo so~os axou aq~ '~uama~ omoauI oql a~z aso~ 'osI~ ~uno~a~ s!q; jo ~no ~u~oa 2~ oas lI~ no~ 'asuadxa ~sa~u} s} a~aq; ;u~xa aq~ ~ ua~ p~ a~oa~e s~ jo ano Mu~oM squa~da~d asaql aaa II~ nor jo I ~el~ ~lqeq°~d ID~ s~~ae a~ oa a~; aeq~ a~ ap~ ~u~aq ~ua~eda~d i~d!~upd aq~ aaa II~ nof 'spuoq asoq; uo aa~mas ~qap aq; ~d a~ uaqm asuadxa asa~alu] p~ ~lua~da~d led~u~d ~oj sma~ auH a~na!puadxM aqa u~ X[~[ a~ ~aq; p~ plos aA~q ~snm taq; amss~ I q:M~ s;°I jo aua~eda~d iedpupd u~ al~p-oa-~ea~ 00'000'L065 ;noq~ paA~a~a: aA~q am auo ~}~ed ~amoa ~q~ ~q~ ~u~xa aq~ o~ s~s~q gla~Og ~ uo aluamssas~ oases ~qap u~ ~u~aI aq lI~ no~ q~nm ~oq a~ ~ e~l~la~ spaa~ad pu~ u jo Mo amoau] ~sa~u~ mo~ :aq~a ;~oaa~ aR; ~u~ 2u~ a~q no~ iouo~ qanm moq s~q al~p-~-~aX ~ p~ '966I saMaS 'pung a~a ~}d~O oq~ aoj a~ ~ua~al~s L66I '~ .l~d¥ I 99]: 16G 1 Peter Comeau Chairman Monday April 28, 1997 10:30 A.M. 1. 2. 3. 4. AGENDA NAPLES HERITAGE CO~ DEVELOPMENT DIS'I~CT Roll Call Young, Van A~senderp & Varnadoe 801 Laurel Oak Drive Su/te 3OO Naples, Florida Approval of the Minutes of the February 24, 1997 Meeting Cons/der*at/on ofl~olut/on 97-20 Adopting an Investment Policy Cons/deration of Resolution 97-21 Ratifying and Conflrm/ng an Amendment Made by Oral Mot/on in Connection with the Ser/es 1996 Cap/tal Improvement Bonds StaffRepor~ A. Attorney B. Engineer C. Manager Superv/sors Requests and Aud/ence Comunents Cons/der-at/on of Fund/r~ Requests Nos. 2, 5 and 6 Adjournment CONJ. iP~U~G$ FL ~371 IIEFERE)(CE: 0~2512 State of FLortda Co~mt¥ of ¢oLL?er ~erttst~ wes ~Li~ in ~td ~ ~ ~s~r ~s ~retof~e ~ ~ ~ ~s ~ ~ter~ as s~ cL~ss mil meter at t~ ~et offt~ tn ~Les, ~n ~t~ter C~ty, Ft~t~, f~ · ~r~ of I ~r furt~r ~s t~t ~ ~ ~$~r ~d ~r PU~.LSHED GH: C~/Z1 Ir ZLED G~(: Sq~rn to anc~ Su4~scrtbed before me this - * ~ of ,. : rices of Young, Van Aisenderp va~o~e, N1 La~Y Oak ~r~e, Sure or~~~~ cee~n~ Is ~de, InCluding 19 , RESOLUTION 97-20 A RESOLUTION OF THE. BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, ADOPTING INVESTMENT POLICY FOR THE DISTRICT AS PROVIDED IN SECTION 218.415 (15), FLORIDA STATUTES (1995). WHEREAS, in direct response to the investment crisis in Orange County, California, and other reported investment losses by some local governments in Florida, the Florida Legislature passed CS/SB2090 (codified in Section 218.15, Florida Statutes, (1995)); and WHEREAS, Section 218.415, Florida Statutes (1995) creates supplemental provisions that update existing state statutes requiring, in part, that written investment policies be adopted by the local government on or before October 1, 1995, or in addition to or in lieu of establishing a written investment, to elect to proceed under Subsection (15) of Section 218.415 which sets forth alternative investment guidelines. NOW, ~REFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEV~ OPMENT DISTHIC'I~ 1. At this time, the District elects to proceed under the Alternative Investment Guidelines set forth in Section 218.415(15), Florida Statutes (1995), in lieu of establishing a written investment plan as set forth in Section 218.415(1) - (14), Florida Statutes (1995). 2. This Resolution shall become effective immediately upon passage. Adopted by the Board of Supervisors of the Naples Heritage Community Development District, Collier County, Florida, the 28th day of April, 1997. James P. Ward Peter Comeau Secretary Chairman Naples Hefi~ommun~nt District December 09, 1996 16G U.S. Homes 10491 Six Mile Cypress Parkway Ft. Myers, Fl. 33912 Attention: Subject:. Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Comeau, The current funding requirement for the Naples Heritage Community Development District is necessary to pay the following. Pay Request #2 Gar~ L. Mover Reimburse for Seal $66.90 December '96 Management Fees $2,833.33 Fedex Invoice #5-977-45655 $15.50 Invoice #5-991-38353 $15.50 Naples D~llv News Invoice # 1330570 Fiscal Year Mee~ng Dates $64.74 Invoice # 1330571 11/18 Meeting Notice S52.97 Invoice # 1335427 12/9 Meeting Notice $148.33 Invoice 31340446 Non Ad Valorem Assessment $380.29 Indian Tr~¢e Community Dev, District #D10 11/96 Long Distance fax Service itoard of Suvervisor~ 11/18 Meeting Ail Supervisors Attended 5 @ $200 Bank Service Charges $3.00 $1.000.00 $15.00 i i Total Request: $4,595.56 Accordingly, it would be appropriate for U.S. Homes Gulf Coast Inc. 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. Naples Heritage CDD c/o Randy White 10300 N.W. 1 lth Manor Coral Springs. Fl. 33071 Yours sincerely, Randy White Director of Accounting N...~les Herita · Communi Develo ment Di.~trict Febr-aary 27, 1997 U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, FI. 33912 Attention: Subject:. Dear Mr. Comeau. Peter Comeau Naples Herltage Community Dsve[opment District Fund Request The current funding requirement for the Naples Heritage Community Development District is necessary to pay the following. Fedex Invoice #4-062-11899 Board of Supervtsor~ 2/24 Board Meeting All In Attendance 1/97 Long Distance Faxes McAnlv E _ngin~rin_a Invoice # 115921 12/96 Serv/ces Youn_~. vnn A~senderv Statement #4 1/97 Representation Gm'v L. Mover. March '97 Managment Fees January '97 Rent February '97 Rent March '97 Rent January '97 Computer Services February '97 Computer Services March '97 Computer Services Navies D~llv Invoice # 1365019 2/24 Meeting Notice P~y Request #5 $15.50 $4.50 $2,742.50 $1.032.49 $2,833.33 $20O.O0 $2O0.O0 $2O0.O0 $5O0.00 $500.O0 $500.O0 $56.70 Total Request: $9,785.02 Accordingly, it would be approp~_ate for U.S. Home Corporation 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. Naples Heritage CDD c/o Randy White 10300 N.W. 1 lth Manor Coral Springs. Fl. 33071 Yours sincerely, 1 Randolph G. White Director of Accounting Naples Heritage Community Development District April 01. 1 ~7 U.S. Home Corporation 10491 Six Mile Cypress Parkway FL Myer. Fl. 33912 Attention: Peter Comeau Naples Heritage C~mmunity Development District Fund Request Dear Mr, Comeau, The current funding requirement for the Naples Heritage Community Development District is necessary to pay the following. Florid~ Municipt~l 1st Instnllment General Liability Fedex $$4-076-30880 2/13-2/17 Service Youn~_.v~n A~enderg Statement #5 2/97 Representation J~nes P. Ward, I~c, 2/97 Postage Charge 3/97 Postage Charge M10 2/97 Long Distance Fax Service Navies D~Llv # 1377511 3/24 Meeting Notice Gary L. Mo_vet. 2/97 Copy Charge 3/97 Copy Charge 4/97 Managment Fee 4/97 RenL 4/97 Computer Service Cor~l Sprin_as Imvrovement Dist~riq~; #000554 Postage/Copies/Books/Tapes $$000662 Postage/Copies Pay Request #6 Total Request: $576.00 ,$41.77 $505.82 $17.59 $18.59 $7.00 $56.70 $20.07 $20.92 $2,833.33 $200.00 $500.00 $121.26 $68.72 $4,987.77 Accordingly, it would be appropriate for U.S. Home Corporation 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. Naples Heritage CDD 10300 N,W. 11th Manor Coral Springs. Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting 16G 1 o ~ 7,"' I 99T ! 99I ~° g? · rid ~ 99I o ~ t I -ou~ ~[ufI~IqD '~Io.lo:)u.ts £66I '~ .t.mruqoel jo ~u~. ooIaI s.zos.uJodns $o p.moft .mp~O~cI o~ jo s~n .mlaI :~I 9IO~-~IIH~ ~ '~Id~lq 9IO~H, x°ft '0 '8 III eZUlcI l'm°D 'Pu°"8 ~od.r~. ! L9~ ~'~o.~ft 'a lq~.uzG op 09~0-£gL t LIX{[ epUoH 'sBm.~dg le~OD Joutn.,q qluana[:J lsamql~ON 00{[0I I 99I lUellnsuoD lu~tth~fl~utntq O lu~mdolan-Xl put-1 'F'd ':ta~ohI 'q 5._red -pe,,,o.~dde a.teta s~u~aeIA[ L66I 'gI i.renue£ ! 966I 'Ig -~eq~o ate jo so'luuipI eg~ aoA~j u! lie pu~ !lleU~¥ '-~BI ,iq pepuo:~es u~emoD 'JIaI ,iq NOIJ;OIN uo ~eeu~u.~t ,iIuvvPI uos.~epuV eoruE pxeA~. 'd som~£ :e~e~ ~uese~d osW .~os.u~adnS 2os.u~ednS .~os.u~ednS ueu~t.~qD e~t.A uem.Heqo ,ieFrels 'aI uqo£ .~elI!IAI puoun~eE !ileuSv -£ ugo£ suanE uzW n~emoo aerod :oae,~ tm~onb ~ Nu!$n~Dsuo~ pu-~ ;uese.~d · ~p.uolaI 'seldeN '00g o~S 'o~ff ~0 I°~Sq I08 'oop~A ~ ~opu~s~ ~A 'S~°X ~ '~'V oN~oH seldeN ,T.DI"&I~G ~cI~(I X,T.T~OD DNT,T-"Cn~ .nO ~i',T.QNII~ I 99I ~a~pnq aoj .roqmnu ,~xeu.rm~.laad e rD.r~ dn arrm~ ~u.uoau~u~ ,~oiuVoIAI '~a~pnq puo~os oqz 'po9~o~ oq u~ Xo~ 2~ os ~onpo~d ~o.~ s~ ~j s~ po~oolozd~ oq o~ 2~oj v~oa2~OlO ua ur o~oo ~aop ~R1 ~u~ oa~q o~ O~!l pinata I '~u~ osoq~ Xjipom o2 olq~ssod s~ 2[ oaoqm uo~2~sod ~ u~ oq o2 poou om '.~oq~ 2~ ~ooI o~ olqlssod X~o si ~l 'PO~!°°oa o~eq I ~ ~uo~oop o~oa2oOlO amos uO '~oj SOl9 ~p o~o~olO jo soldo~ oq~ ~ oas o~ p~l~ s~ oq po2~s n~omoo '~ ~aoadd~ ~oX aa3 popuo~ooo~ sr 2uomoo~ oq~ 'moE~ ao.~su~ o~ p~I~ oq II~ I 'su°!~s°nb ~ oa~q noX JI uo!~z~oq~n~ Maom 2o ~os o~os ~m no~ o~ zo~q omoo II~ oq 'ua Maom o~ o~pods ~ s~q aoou~u~ oq~ g[ p~ Jlo~ I~op ssoulsnq o~ souIl~no XI~BUOSSo oq~ jo I~ jo d~saaumo oq~ s~oa ~o~s}g oq~ '~uomoo~V ~[~d s~ u~ ~uo~op o~ jo d~qsao~o oR~ o~ ~uomoo~ s~ ~ oa!~Ia2 ~od ~od~ ~som o~ jo amos ~Iq~qoad 'no~ 203 mo~ ~om~ o~ p~I~ oq g~ I '~uomoo~ ~ ol OA}I~IOa suoBsonb ~ oA~q no~ JI '2! ua ~u~om oq ol ~uto~ s~m oqm aoou~u~ oq~ p~ ~oM~s~ o~ uodn pos~q iq ouo~ o~ ~a~o~ o~; s~ i[~Ig po~!pom p~ poz~i~n o~ o~ 2~q2 ~u~2amo~ s~ ~I '~uomoo~ ~u~oou~uE ~oj pa~pu~s ~ s~ jlOS~ ~uomoo~ o~ .~uomoo~V anof jo ~d ~ s~ no~ o2 oq~ u~ ~u~ao~ oouo~odxo Xm moaj no~ IIO~ ~o I '~oo[oad s~ ua ~aom l~ o~ ~ s~ u~ s~oo~uo oq~ jo qo~o moaj so~a ~I~Oq oq~ so~Dno qo~ ~q~o u~ s~ '~ o~ff pu~oq '~uomoa~ ~q~ o~ poqo~w 'no~ aoj sao~os ~oou~uo ~u~oad o~ o~l~IOa ~o~s~U oq~ pu~ ~U s.K~o~ '~ uoom~oq suoD~Do~ou oq~ so~!poo qo[q~ ~uo~oo~W oq~ jo ~ ~ o~o~d ~puo~ anoX u~ posolouo oA~R o~ 'auI '~o~ p~ ~u~oouOuM ~ 2o ~ oq~ p~ 'g'~'O solde~ oq~ uoo~oq ~uomoo~V ~u~oou~ug oq~ s~ (V)g mo~I '~u!~oom 'aop~o i66I'~a.f-ren.tq~ I Mr. Anderson stated that is correct. Mr. Miller stated I am asking whether I should abstain from voting on this issue due to my position with Collier County. Mr. Anderson responded I think it would be appropriate. Mr. Comeau stated I believe it would be appropriate also. Mr. Miller stated let the record show that I am abstaining. ~e c' seonded by Mr. omeau the Construction and Maintenance Agreement for Subdivision Improvements was approved, and the Chairman's Execution and Submittal of the Agreement to Collier County was Ratified with four Supervisors ~stention b Mr. Miller. Mr. Ward stated I will get you the Conflict of Interest form to fill out and return to us. Mr. Anderson asked have we received the Trustee's signature on the original document? Mr. Ward stated it was sent to Vivian Cerecedo on February 18th and usually she returns it by FedEx and it was to be sent to your office. We will call her later. Mr. McAnly stated I don't have anything but I would like to take the Agreement that Mr. Anderson was talking about with me because that is the only thing that we have to get in. Mr. Anderson stated I don't have the original, that is what we were just talking about. I expect that it might arrive today. Mr. Comeau stated Mr. Anderson, please be kind enough to follow up on that. Mr. Ward stated we will do that for you. C. Manager There not being any, the next item followed. FIFTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked is there anything from the Board? Mr. Comeau stated I have one request from U.S. Home Corporation. Since the District has borrowed the $16,430,000.00, U.S. Home was proceeding forward with a very aggressive sales and construction program, which will impact the 4 February 24, 1997 principal balance and interest payments going in from U.S. Home to the District is something that is of concern to U.S. Home. It would be nice to receive a status report from the Board, consequently here is a partial list of some of the base issues that the company is looking for as a format for a report either from yourself or from Mr. Fishkind or from whomever is appropriate. Direction on what to receive from a final reporting format can be obtained from Brian Sabean. He is at U.S. Home Corporation's corporate office at 277-1177. That is a Fort Myers number. This would be requested on a monthly basis if possible. Minimal would be quarterly. U.S. Home would appreciate that consideration from the District. Mr. Ward stated I will take care of that. Is there anything else from the Board? Is there anything from the audience. SIXTH ORDER OF BUSINESS Consideration of Funding Request No. 4 ,J_aj~aes P. Ward 8-ecretary Peter Comeau Chairman AGENDA NAPLES HERITAGE COMMUNI/~ DEVELOPMENT DISTRICT 16G Monday February 24, 1997 10:30 A.M. o Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 3OO Naples, Florida Roll Call Approval of the Minutes of the October 21, 1996 and January 13, 1997 Meetings Consideration of Agreements A. Engineering Agreement with McAnly Engineering and Design, Inc. B. Dissemination Agreement with Prager, McCarthy & Sealy Staff Reports A. Attorney B. Engineer C. Manger Supervisors Requests and Audience Comments Consideration of Funding Request No. 4 Adjournment NapLes, F~ 33940 Affidavit of PubLication 16G NAPLES HERZTAGE CO~HUNLTY OEYELOPHENT OISTRZCT 10~0 ~ 11~11~elOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57439881 NOTICE OF MEETINGNAP State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lash, ~ o~ oath says that she serve: as the Assistant corporate Secretar7 of the Naples OatLy Ne~s, a daily ne~spef>er published at Naples, in Collier Co~ty, FLorida: that the attached colt/ of advertising was I~abLtshed in catd newspaper on dates Listed. Affiant further ~a~a that the ~atd Naples OatLy Ne~s is a newspaper published at Naples, in said Collier Co~ty, FLorida, and that the said newspaper has heretofore been continuously published in said Collier Couqty, FLorida, each day and has been e~tered as se~-4 class mil setter at the post office in Maples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of adverttseae~t; ami affiant further says that he has neither paid r~r proafsed any per~on, fire or coporatton any discount, rebate, comtsston or refund for the purpose of securing this advertiseae~t for publication tn the said newspaper. PUBLZSHEO 0~: 02/17 Al) SPACE: z,.333 INCM FILED ON: 02/17/97 /, /. .-'~ Signature of Affiant / / " Sworn to and Subscribed before ~e this ;'~ day of '~'/- Personally knovn by / NOT1CE NAPLES HERITAGE CO.UNITY DEV~OP/~:N3' DISTRICT O( Y0ung~ Yon _ .~.%v~ doe, I~1 F~~ier '" ~pLes, FL. ~9~ Affidevt= of Publication DOVE POINTE CO~I~NITY DEV. JAJ~ES gARD 10300 N~ 11TH ~NOR CORAL SPRIN6S FL 33071 REFERENCE: 0~T769 57/~Ol173 NOTICE BY THE IX~'E P State of FLorida County of CoLLier Before the undersigned ~uthority, permLly opG~er~ Nine %vers~n, ~ o~ Oath says that she serves as the AssistI~t Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples in Collier County, Florida : that the attached co~y of advertisir~g uas published in Sa~d nedspeper ~ dotes Listed. Affiant further ~s that the said Nap[es Daily Ne~s is · newspo~r ~Lt~ mt ~l~, in .~d ~[[ier C~, F[ort~, ~ t~t the a~d nes~r ~s heretoforJ ~[t~ tn ~td ~[[ier ~ty, F[ort~, each meter mt t~ ~tt office tn ~[~, tn aid Collier C~ty, Florta, for · ~r~ of I year next prec~t~ the first ~[t~tt~ of the 8ttoch~ c~ of ~ertts~t; ~ aff~t further ~ys the he ~y ~rJ~, firm or ~rttt~ ~y r~te, c~fsst~ or ref~ for the ~r~se of securi~ th~s ~vertts~t for ~[~tt~ tn the ~td n~s~r. NOTICE BY THE NAPLES HERITAGE COMMUNITY DEV~OPMENT DISTRICTOf: ITS INTENT TO USE THE UNIFORM AD VALOREM METHOD Of: COLLECTION OF A Decembe' 9, ~ al' ~ AJgL at Your~ Van ~ & Varmdoe, P.A., I~1 ~ I valorem mett~ o~ coaecllng non od vato- ~ov~e in ~ 197~ FS. The Naples f, essment fa' mairff~-~ce or ca~ital 'fodlI- nm od va~ ~ ~ ~ of 190 F~ wh~ wifi ex'lend far mere than Community Development District plato to ~Jize the no~ ad vak~em assessment assessment wh~ also will be for a pe'~d mefl~ ~ far_in C~apter 197.%32 Iff levying ~ nc~ od valorem assessme~ AD SPACE: 8.500 INCH and sl:eciat ossessrnerds which will ~ FILED OH: 12/02/96 under a sepa'ate se~ at Ibc ~' --ta~ BIlL The Districts nee od valorem as- Signature of Affiant S~orn to and Subscribed before i~ this ~.~ day of'-~=~ 19IJofor nee poyrne~ os od VOkl'ern ~:lXe~ The Personally known meltxxl of collecting such non od valorem deds~ mode by the Board with re- a record et tt~ proceedings and that ........ ':'~% :C'~CE E. eL~-~-,~ c~, ~e p~o. ~ov n.d ~.-j.-~-**.-. .~1..~ ~. t'}~ ~ is mode, Including the ix~l bto be lx~d. Novembe' 11,11,~, Dec. 2 ~. 16G 1 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of __, 19__ by and among NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district and body politic of the State of Florida (the "District"), U.S. HOME CORPORATION, a Delaware corporation (the Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as Naples Heritage Golf & Country Club, Phase Two-A (the "Plat"). B. Division 3.2 of the Collier County Land Development Code (the "Code") requires the District and the Developer to provide certain guarantees to the Board in connection with the construction of the improvements required by the Plat. C. The District and the Developer desire to provide the required guarantees to the Board hereby. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the District, the Developer and the Board do hereby covenant and agree as follows: OPERATIVE PROVISIONS: 1. Required Improvements. The District will cause to be constructed: Those certain roadways, drainage and water management facilities and water and sewer utility facilities shown on the plat of Naples Heritage, Phase Two-A, except those improvements within the golf course (collectively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required improvements will be constructed within thirty- six (36) months from the date that the Board approves the Plat. 2. Security for Required Improvements. A construction fund (the ,Construction Fund") has been established by resolution of the District adopted on December 9, 1996 (the "Bond Resolution") from which the cost of construction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee"). Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution shall be deposited, at a minimum, in the Construction Fund as follows: $853,766.37 for costs of the Required Improvements (the "Construction Amount") and $85,400.00 representing ten percent (10%) of the Construction Amount (the "Reserve Amount"). The Reserve Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof. In addition to the foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized interest which shall be sufficient to pay interest on the Bonds during the seventeen (17) month period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an amount sufficient to pay approximately twelve (12) months of debt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements 'and all other improvements authorized by the Bond Resolution, as well as to fund the Reserve Amount. 3. Cosstruc~ion of Required Improvements. (a) Annexed hereto and made a par~ kereof as Exkibit A is a Construction Schedule relating to the Required Improvements (the "Construction Schedule"). The District shall commence construction of the Required Improvements -2- 16G within sixty (60) days following written construction approval to the District from the Development Services Department and the issuance, sale and delivery of the Bonds (the "Commencement Period"). The District will pursue construction of the Required Improvements to substantial completion within twelve (12) months following the end of the Commencement Period (the "Construction Period"). (b) In the event the District fails to: (i) commence construction of the Required Improvements within the Commencement Period; or (ii) substantially complete construction of the Required Improvements prior to the expiration of the Construction Period, upon written notice to Developer by the Board, Developer shall immediately become responsible for the construction of the Required Improvements. The obligation to construct the Required Improvements within the Construction Period shall be a joint obligation of both the District and the Developer. 4. Developmen~ Services Director's Preliminary Approval of Required Improvements. The Development Services Director shall not consider the Required Improvements complete until a statement of completion by the District's or Developer's consulting engineers, together with the final project records related thereto, have been furnished for review and approval to the Development Services Director of Collier County, Florida (the "Director") for compliance with the Code. Within sixty (60) days of receipt of the statement of completion from the District, the Director shall either (a) notify the District or Developer, in writing, of its preliminary acceptance of the Required Improvements; or (b) notify the District or Developer, in writing, of his refusal to -3- 16G ! preliminarily accept the Required Improvements, therewith specifying those conditions that the District or Developer must fulfill in order to obtain the Development Services Director's Preliminary Acceptance of the Required Improvements. In no event shall the Board refuse Preliminary Acceptance of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Maintenance and Reserve Amount. The District or Developer, as the case may be, shall maintain all Required Improvements for a minimum of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the District or Developer and upon submission of a written request for inspection, the Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code shall recommend approval to the Board. The District or Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Sums equal to the Reserve Amount shall be maintained by the Trustee on deposit in the Construction Fund until the final approval of the Required Improvements. The Board shall reflect its acknowledgment of such finding by notifying the District, in writing, of its final approval of the Required Improvements. Upon receipt of notice of such final approval, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund. In the event that during the inspection the Director finds that all or some portion of the Required Improvements are not in compliance with the Code, the Director shall promptly specify, in writing, to the District those deficiencies that musk be corrected in order to bring the Required Improvements into compliance with the Code. The District shall apply the -4- Reserve Amount to payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, the Developer shall bring the Required Improvements into compliance with the Code. Upon correction of the specified deficiencies and written notice thereof, the Director shall again inspect the Required Improvements and, if found to be in compliance with the Code, shall submit such findings to the Board for its final approval thereof. 6. Plat Recordation. The parties acknowledge that this Agreement is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the requirements established by, Division 3.2.9 of the Code. The parties acknowledge and agree that following the Board's approval of the Plat: (a) The Developer shall not be entitled to record the Plat until the Board receives: (1) Written notice from the Trustee that sums at least (2) equal to the Construction Amount and Reserve Amount are on deposit in the Construction Fund (the "Trustee Notice"); Written notice from District and the Trustee that: (a) The project for which bond proceeds have been received by District includes the Required Improvements; (b) Such Bond proceeds are sufficient to finance the Required Improvements as well as all other improvements to be financed by the Bonds (collectively "the Project") and to fund the Reserve Amount. The Trustee's representation that funds are sufficient to finance the Project for which Bond proceeds have been -5- (b) 16G 1 received as well as to fund the Reserve Amount is based upon the District Engineer's estimation of construction costs which is attached hereto and incorporated herein; and (c) The project cannot be amended or changed without the consent of the Board (the "Project Notice"); (3) A representation and warranty from the District that all governmental permits to enable the District to commence construction of the Required Improvements have been obtained ("Permit Warranty"); and Upon receipt by [of] the Board of the Trustee Notice, Project Notice and the Permit Warranty, Developer shall be entitled to record the Plat without further condition, other than payment of any related recording fees established by applicable law and the execution of the Plat by all required parties. 7. Liability. The County shall have no liability whatsoever to the bond holders. Neither the enforcement of the terms of this Agreement by the County nor the failure to enforce such terms shall create any liability whatsoever to the bond holders, the District, or the Developer. Any disclosure document prepared by the District or Develope~ in the offering of such Bonds shall provide a statement as described above relating to the lack of liability of the County. 8. Miscellaneous. herein contained are, successors and assigns All of the terms, covenants and conditions and shall be, binding upon the respective of the District, Developer and Board. By Execution below, the Trustee shall evidence its acknowledgment of and assent to the matters addressed herein. Any notice, demand, request or -6- instrument authorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: Gary L. Moyer, District Manager 10300 N.W. 11th Manor Coral Springs, Florida 33071 To the Developer: Peter R. Comeau U.S. Home Corporation 8670 Davis Bouleavard Naples, Florida 33962 To the Board: c/o County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 With a Copy to: To the Trustee: Collier County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 First Union National Bank of Florida Attn: Ms. Vivian Cerecedo 200 South Biscayne Blvd. Miami, Florida 33131 IN WITNESS WHEREOF, the District, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives as of this day of , 1997. SIGNED, SEALED ARD DELIVERED IN THE PRESENCE OF: District Secretary Witness DISTRICT: NAPLES~TAGE C~MMUNITY By: vu ~ Peter R. Comeau, Chairman DEVELOP~ _ Peter R. Comeau, Vice President Land Development Division -7- ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and Legal Sufficiency. 16G BOARD: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ Timothy L. Hancock, Chairman OF David C. Weigel Collier County Attorney Acknowledged and assented to: FIRST UNION NATIONAL BANK OF FLORIDA as Trustee under the within-mentioned Bond Resolution By:_ Its:_ Date:_ -8- - 1-6G 1 9~ >© AGREEMENT FOR SERVICES This agreement ("Agreement") is entered into this 24th day of February, 1997 between the Naples Heritage Community Development District ("District"), by and through its Board of Supervisors and Mc_Anly Engineering and Design, Inc., a Florida corporation ("Engineers"), in accordance with the scope of services and for the fees set forth below. The Engineer shall be the District's engineer, and in that capacity, shall perform the following: A) Consult with the District Board of Supervisors ("Board") and its designated representative and partidpate in such meetings, discussions, project site visits, workshops and hearings as may be necessary for the administration, accomplishment and fulfillment of the professional services set forth herein with regard to those projects authorized by the Board. B) Consultation and representation before the South Florida Water Management District and such other public agencies and private individuals as may be necessary in cormection with the interests of the District and when so directed to do so by the Board or its designated representative; Engineers' contract administration services, including: establishing and maintaining project records, files and permitting documents; planning, scheduling, production and quality control; coordinating and invoicing management; coordinating and administrating of various professional service elements; and D) Such other professional and tecknical services as may be requested by the Board, in accordance with generally accepted engineering practices and procedures. Meetings of the Board. The Engineer shall attend regular and special meetings of the Board of Supervisors. o Operating and Maintenance of District Works and Facilities. The Engineer shall consult with and advise the Board, or its designated representative, on the operation and maintenance of all District Works and Facilities. Land Owners' Meeting: The Engineer shall attend the Land Owners' Meeting and shall prepare the annual report of the District Engineer for said meeting 1 of 8 10. 11. Inspection of District Works and Facilities. The Engineer shall make periodic inspections of the District's Works and Facilities, at the direction of the Board, and shall provide reports to the Board of these observations. Maintenance Work. The Engineer shall recommend to the Board, such maintenance as is necessary for District Works and Facilities. Annual Maintenance Budget. The Engineer shall assist in the preparation of the District's Armual Maintenance Budget. Permitting. The Engineer shah prepare and submit to the appropriate regulatory agency those permit application materials needed for environmental, design and construction elements of District Works and Facilities and shall assist the District with the processing of such applications. Construction Project Plans and Specifications. The Engineer shall prepare plans and specifications, contract documents, cost estimates, bid evaluations and other allied engineering work for these construction projects undertaken by the District. Surveying Services. The Engineer shall provide boundary, land, topographic construction master control, construction staking and excavation quantity surveys in support of the projects and services described herein, as requested by the Board. Construction Project Oversight. The Engineer shall provide project oversight services for the District on all District construction projects for which the Engineer prepared or assisted in the preparation of construction drawings and specifications, District construction projects for which a work certification or permit is required by a regulatory agency, and all other construction projects for which the Board has requested the Engineer to provide oversight services in the interest of the District ("Construction Projects"). Project oversight services shall be performed by the Engineer or by persons in the employ of and working under the direction and control of the Engineer. The performance of project oversight services may require one or more full or part-time project representative, depending upon the requirements of the Construction Project. The Engineer, or its representative, shall endeavor to protect the District against all defects and deficiencies in all Construction Projects. However the Engineer's furnishing of project oversight services does not guarantee the work of any contractor, nor represent the assumption by the Engineer of any obligation for job safety. The Engineer shall not be responsible for the enforcement of safety regulations involving any contract to the District. The Engineer shall file oversight reports with the District, as necessary, based on the length and complexity of the Construction Project, except that the Engineer shall file oversight reports at least monthly. 2 12. Litigation and Legal Proceedings. The Engineer shall assist the District in all litigation or legal action, or shall act as an expert witness on behalf of the District, as needed. 13. Engineering Records. The Engineer shall maintain copies of all such designs, plans, specifications, construction documents, reports, permits, correspondence, records and other data produced by the Engineer in the performance of services under this agreement. Upon the request of the District, the Engineer shall transfer duplicates of appropriate engineering records to the District's office, and the Engineer shall be reimbursed for the cost of reproduction. 14. Insurance. The Engineer shall provide the District with evidence of insurance satisfactory to the District. 15. Additional Service. The Engineer shall provide such other additional services as may be required by the District and mutually agreed to. Performance by the Engineer of the work described in paragraphs 1 through 7, of the Scope of Work shall be approved and authorized upon execution of this Agreement. Performance by the Engineer of the work described in paragraphs 8 through 13 of the Scope of Work shall be subject to the specific approval of the Board and the issuance of an approved District Engineering Work Authorization (WA). Each WA issued shall delineate the scope of work to be performed, including that work described in the Scope of Work, that is to be performed; all work set forth in the WA shall have been established at the time the work was requested and shall not be exceeded, except with the prior written approval of the Board. The Board may increase the maximum fee set forth in a WA when the scope of work, as delineated in the WA, is changed, or when additional work must be performed which could not have been reasonably foreseen or anticipated at the time the WA was authorized and issued. DE AN TRY M N The Engineer shall prepare all documents in accordance with current, existing and applicable codes and ordinances, resolutions and laws. The District relies on the Engineer's expertise to evaluate the applicability of these codes, resolutions and laws to the designs, products, studies and decisions that are part of the Scope of Work performed by the Engineer on behalf of the District. The Engineer shall provide to the District, upon execution hereof, a list of all of the materials, technical manuals, books, memoranda, including but not limited to codes, laws and ordinances, in Engineer's possession, necessary for Engineer to provide complete, competent services to the District. Engineer shall maintain a current updated library of all such materials as necessary to continue to provide complete, competent services to the District. $of8 The interpretation of codes and regulations may vary within local jurisdictions and may require input from these authorities having jurisdiction over the project. During the permit processing phase, specific interpretations of these codes and resolutions may be made by local authorities that can impact the cost and/or scheduling of the Construction Project and which are largely outside the control of the Engineer, including but not limited to: the application to the construction project of codes and/or after regulatory criteria not published or enacted at the time the WA between the Engineer and the District was entered into, changes in agency staff, conflict or changes in official interpretations of existing codes and regulations, or the application of a particular code or regulation to the Construction Project, made after the WA was entered into; or conflicting interpretations of agency inspectors or representatives during or after construction of the Construction Project. In the event of the occurrence of any of the above-described interpretations, the District may not rely upon any existing contract documents as a basis for it to proceed, with any activity that will cause the District to incur costs or liability above those set forth in the Engineer's cost estimates, prior to receipt of permits or agency approvals. The District shall: 1. Furnish, all permit and governmental inspection fees. Designate a person to act as the District's representative, for the services to be performed under this Agreement, who shall have the authority to transmit instructions, receive information, interpret and define the policies and decisions of the District with respect to those materials, equipment, elements and systems pertinent to the Engineer's services, except as limited by those special conditions for invoicing items necessary to perform the services, that are ordered or purchased by the Engineer and are furnished by the District under the section entitled "Fees to be Paid". The Engineer shall provide those Professional Services described in the above Scope of Work, until terminated in accordance with the terms of this Agreement. 4of8 1. Professional Services: In consideration of the performance of the services set forth in items 1 through 15 of the Scope of Services, or for such additional services as may be agreed to in writing by both parties, the Engineer shall be compensated on the basis of a lump sum fee, for a defined Scope of Services, or on actual hours worked, in accordance with the rate table set forth on Exl'dbit "A", attached and entitled: "McArdy, Asher and Associates Professional Fee Schedule". In addition, the Engineer shall be reimbursed for direct nonsalary expenses at cost, including, but not limited to, testing of materials, and subsurface explorations, equipment rental, automobile travel, per State of Florida mileage rates, commercial air travel, long distance telephone, subsistence, printing and reproduction, plus Florida sales taxes if applicable. 2. Litigation Support Services: When requested by the District to assist in any litigation as an expert witness or in any other professional manner, the fee paid the Engineer for such service shall be the fee set forth in Exhibit ~A", which is a reasonable fee, which need not be limited by the finding of any Court concerning the adequacy or inadequacy of the fee. Invoices for services rendered shall be prepared monthly and are due and payable within thirty (30) days from the date of the invoice. Al1 bills and invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All bills and invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. Payments not received wit~.in sixty (60) calendar days of the date of invoice may constitute cause for the EnF meet to discontinue performing and providing services for the District until such time ts payment is received in full. If the Engineer is required to take action to collect past due invoices, the prevailing party shall be entitled to recover its reasonable attorneys fees and costs, including any costs of appeal. This contract shall be governed by the laws of the State of Florida. The venue for any actions arising out of the agreement shall be in Collier County, Florida. If items are to be sublet, confirmed, certified or updated, the Engineer shall order the work after receiving the approval of the Board. No change in the list of subcontractors submitted as part of Engineer's proposal shall be made without the prior review and 5of8 16G 1 approval of the District. The District shall make payments irt accordance with the terms on the invoice. When the Engineer is assisting the District in the applications for permits, or other approvals, the Engineer's fee for such services will not be contingent upon final approval or denial. V W RVI When the Engineer is required to perform services on a Construction Project site that include evaluating the conditions of items such as paving, structural, architectural, building envelope, roofing, mechanical and/or electrical systems, the Engineer's services are limited to the identification of observable conditions only. Systems not visible from within the building envelope or from accessible exterior elements of the project are not part of the Engineer's observations. Review of these systems by the Engineer will occur only when specific and detailed descriptions of the system to be evaluated and the mariner in which access is to be provided are detailed in the WA. W W When required by the District to provide shop drawing and sample review services as part of the construction administration phase of a project, the Engineer's responsibilities shall be to review the quality and quantity of materials, drawings, methods and means of construction for conformance with the design criteria required in the contract documents. In the event District issues a Purchase Order or Memorandum or other Instrument covering the professional services described herein, it is hereby specifically agreed and understood that such Purchase Order, Memorandum or Instrument is for District internal control purposes only and any and all terms and conditions contained therein, whether printed or written, shall be of no force or effect. This contract is the entire contract between the parties and there is no modification or waiver of any of the terms and conditions herein unless agreed to in writing and signed by both parties. Because the Engineer has no control over the cost of labor and materials, or competitive bidding and market conditions, all estimates of construction cost provided for herein are to be made on the basis of experience and qualifications. Accordingly, the Engineer does not guarantee the accuracy of such estimates when compared with a contractors' bid or the project construction cost. 6of8 This Agreement may be terminated by either party's giving of thirty (30) days advance written notice. The Engineer shall be paid the reasonable value of such services or portion of service satisfactorily completed prior to the date of termination and for any unpaid reimbursable expenses. The District shall further have the right to unilaterally cancel this Agreement for refusal by the Engineer to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer in conjunction with this Agreement. Drawings, specifications, and electronic data files as instruments of service are and shall remain the property of the District whether the construction project for which they were made is executed or not. The Engineer shall be permitted to retain copies, including reproducible copies, of drawings, spedfications, and hard copies of electronic data files for information and reference in connection with the District's use and occupancy and oversight of the construction project. The drawings and specifications may be used by the District on other construction projects, additions to the construction project, or for completion of the construction project bY others, provided that the Engineer will owe no duty to or have any liability to the District as to such other projects, or for use of the Engineer's designs for purposes other than as specifically designed in the project. Because of the Engineer's many years of background and experience in design and construction, the Engineer is qualified to make recommendations and master designs which, in the Engineer's opinion, will meet the needs of the situation. These services will be performed to the best of the Engineer's skill and ability and commensurate with the economics of the situation. The Engineer warrants that the Engineer has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer to solidt or secure this Agreement and that the Engineer has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission' percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 7of8 Acceptance of this proposal shall be indicated by the signature in the space provided below of a duly authorized official of the District. One signed copy of this proposal returned to the Engineer will serve as an Agreement between the two parties and as Notice to Proceed. This contract will be binding on the parties hereto and the parties' successors and assigns and shall supersede all previous agreements. IN WITNESS WHEREOF, the parties hereto have hereunder placed their respective hand and seals the date noted above. ATTEST: J~mes P. Ward, Secretary BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an ict: Peter Comeau, Chairman ATTEST: McANLY ENGINEERING AND DESIGN, INC., APPROVED AS TO FORM AND SUFFICIENCY: R. Bruce Anderson, District Counsel NHCDD.AGRMT/ks/020497/4:IO PM 8o-~8 M~aVLY ENGIN~£1UNG AND DESIGN, IN~ PROFESSIONS SERVICES HOURLY RATES FEBRUARY, 1997 PRINCIPAL ENGINEER ENGINEER IV ENGINEER III ENGINEER II ENGINEER I PLANNING DIRECTOR PROJECT MANAGER LANDSCAPE ARCHITECT ENVIRONMENTAL PROJECT MANAGER COMPUTER TECHNICIAN IV COMPUTER TECHNICIAN III COMPUTER TECHI~ICIAN ti COMPUTER TECI-t .NICIAN I DRAFTING TECHN!CIAN III DRAFTING TECHNICIAN II DRAFTING-TECHNICIAN Ii ADMIN~TIVE '.'ASSISTANT CLERICAL : PRINCIPAL SURVEYOR SURVEYING DIRECIDR REGISTERED SURVEYOR SURVEY TECHNICIAN III SURVEY TECHNICIAN II SURVEY TECHNICIAN I 4-MAN SURVEYING CREW 3-MAN SURVEYING CREW 2-MAN SURVEYING CREW 1-MAN SURVEYING CREW EXPERT WITNE.SS ~ $80.00 S75.00 $70.00 $65.00 $55.00 $70.00 $60.00 560.00 $50.OO $50.00 $45.OO $40.00 $35.00 $45.00 $4O.OO S35.00 S35.00 $30.00 $80.00 S65.00 $55.OO $45.00 540.00 $35.0O $75.00 $65.OO $~.00 $45.OO S150.00 TOTIqL P. ~2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS WHO MUST FILE FORM 8B Th. ia form ia for use by any person ~erving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applie~ equally to membere of advisory and non-advisory bodies who are presented with a voting con.ct of interest under Section 112.3143, ~oricla Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly c~panding on whether you hold a~ elective or appointive poeition. For thio reason, please pa); close attention to the instructions on this form before completing the reverse side and t~ling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTEs A person holding elective or appointive county, municipal, or other local public office MrrJST ABSTAIN f~n=rn voting on a measure which inures to hie or her spocial private gain or lores. E~ch elected or appointed local officer also ts prohl~oitad from knowingly voting on · measure which inures to the special gain or loss of· principal (other than a government agency) by whom ha or she is retained (including the Pexant organization or sul~idiary ora corporat~ principal by which he or she is retained); to the special private gain or loss of · relative; or to the special priv·ta gain or Io~ of · business associate. Commissioners of community redevelopment agencies under S~¢. 163.356 or 163.357, F.S., and of~cere of independent special tax districts elsoted on · one-acre, one.vote basis are not pro- hibited from voting in that cap&city. For purpose of this law, · 'relative" includes o~ly the officer's father, mother, son, daughter, husl~nd, wife, brother, sister, father. in-law, mother-in-law, son-in-law, and daughter-in-law. A 'businm associate" means any person or entity enga&ed in or carrying on s business enterprise with the officer s.s · partner, joirit venturer, eoownar of property, or corporate shareholder (where the sharms of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your ineerest in the measure on which you are abstaining from voting;, and WITHLN 15 DAYS AFTER THE vcyrE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ". You must abet·in from voting and disoloae the conflict in the situations described above and in the manner described for elected offi. cers. In order to participate in these matters, you must disclose the nature of the confli~ before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'VI'E~ TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . . · '. · You must compiet~ and file this ffil'm Co, fore making any attempt to influence the decision) with the person responsible for 'recording the minutes of the me~ing, who will, lncorporat~ the form in ti~ minutes_ · ' ' · A copy of the form must be provided; immediately to the other members of the agency. · The form must be read publicly st the next meeting slq~r the form is filed. CE FORM 88 - REV. 1/95 · PAGE N~pl~ Her~.~ Comm~men~ Distric~ january 24. 1997 U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, Fl. 33912 Attention: Subject:. Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Comeau. The current funding requirement for the Naples Heritage Community Development District Is necessary to pay the following. Pay Request #4 Invoice #4-029-45118 February '97 Management Fees 12/96 Representation 1/13/97 Meeting AgneIli/Bums/Comeau/Miller 4 @ $200 8000477 Copies/Office Supplies 1/13 Meeting Notice 12/96 Long Distance Faxes $15.50 $2,833.33 $3,618.43 $800,00 $22.73 $137.74 $9.00 $500.00 Total Request: $7,936.73 Accordingly. It would be appropriate for U.S. Home Corporation 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. Naples Heritage CDD c/o Randy White 10300 N.W. 1 lth Manor Coral Springs. FI. 33071 Yours sincerely, Randy White Director of Accounting FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTYLMUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS WHO MUST F11.~E FORM 8B T~is form is for u~e by any l~reon serving at the county, city, or other local level of government on an appointed or elec~d board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florld~ Stztutes. Your re~por~ibilities under the law when faced with voting on a me~.~ure in which you have a conflict of interest will vary greatly depending on whether you hold ~n elective or appointive position. For this rea~n, plea.~e pay close attenton to the instructions on this form before completing the reverse aide ~nct filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A per.on holding elective or appointive county, municipal, or other lo~l public office biUST ABSTAIIq fi-om voting on a me~ure which inures to his or her special private gain or lo~. gm:h elected or appointed local o~cer als, o is prohibited from knowingly voting on a mea.~ure which inures to the spe~.-i',l ga/n or lcaa ora principal (other than a goverm'nent agency) by whom he or she is retained (including the parent organization or subsidiary ora corporate principal by which ha or she is rets/ned);, to the spec/al private ga/n or loss of a relative; or to the special private gain or ]oea d a business assodate. Commisa/oners of community redevelopment agencies under Sec. 163.35~ or 163.357, F.S., and officers ofindepondent spec/al tax dietr/cts elected o~ a oma-acre, one.vote basis are not pro- hJbit~l from voting in that capacity. For purpcaes or' th/s law, a 'relative' includes only the officer's father, mother, son, ~taughtav, husband, wife, brother, sister, father- in-law, mother-in-law, son-in-law, and daughter-in-law. A ~ouainees associate' means any par~n or entity engaged in or carrying on a business enterprise with the o/~cer n~ a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or reg/onal stock exchange). ELECTED OFFICERS: In addition to ab~t/ning from votng in the aituatons described above, you must 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 abet. a/n/ng from voting;, amc/ W~THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing ',h/s form with the person respons/ble for record/ng the m/nut, es of the meeting, who should incorporate the form in the minutes. APPOLNTED OFFICERS: You must abets.in from voting and disclcae the conflict in the situations descr/bed above and in the manner described for elected off- cars. In order to partic/pa~e in these matters, you must disclos~ the nature of the conflict, before mak/ng any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: '.. · You muir complete and file this f$frn (before mak/ng any attempt to influence 'the decision) with the person responsible for recording the m/nurse of the mee//ng, who wil~incorporate the form in the rain_.utes, - ' ' · A copy of the form must be provide~ immediately to the other members of the agency. · The form must be read publicly at the next meeting afar the form is §led. PAGE rF YOU ~'LLKE NO A/TE,~PT TO L~FLUENCE THE DECISION ~CE~ BY D~CUSSION AT ~ MEE~G~ U~ ~ * You mu,t ~KI~ ~l]y t~ n~ ~ ~i~ in the me~ ~fo~ ~p~ng. . You mu~ comple~ ~e fo~ ~a 51e it ~n ~5 ~ a~r the vo~ ~ ~ t~ ~n r~n~ble for r~r~n~ the ~nu~ of ~e m~ng, who mu~ inc~a~ ~e fo~ Jn the minu~s. A ~py of ~e fo~ must ~ ~o~d imme~a~]y ~ ~e o~er mem~r~ ~ the ~ency, an~ ~e ~ m~t ~ r,aa publicly at ~e next mee~n~ ~r the fo~ is 5led. DISCLOSURE. OF LOCAL OFFICER'S INTEREST L~ ~ hereby c~:lo~ that on (a) A mea-ure came or w~ll come be:ore my ~t~ency wkich (check one) inured to my ~pec{a~ pr{v~te g~in or Ic~,; inured to the ~e~al g'a. in or l~a ~my b~ne~ inured ~ the ~al ~n or 1~ o~my ~ve,~ inured ~ the sp~i~ ~n or 1o~ of wh~ I am re~ned; or inured ~ :he ~ ~n or 1~ of i~ the p~ent org~ or ~a~ ora p6n~pal w~ch h~ re~ne~ ~e me.ute ~f~e my ~en~ ~d the ~e of my ~n~c~ng in~st in the me~e ., 19 __: which NOTIOE: UNDER PROVISIONS OF FLOR[DA STATUTES §112.317, A FAILURE TO I~LXKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROLqN-DS FOR AND ]~,fAY BE PUNISHED .BY O~N'E OR I~ORE OF THE FOLLOWING: IAfPEACHA{ENT, REI~OVAL OR S'USPEN~ION FRO5{ OFFICE OR SALARY, REPRI/WAND, OR A C~rIL PENALPY NOT TO EXCEED CE FORM 88 - REV. 1/95 PAGE[ 2 N..~vles Herih?.~..Communi~en! Dish/ct January 24. 1997 16G U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, FL 33912 Attention: Subject:. Dear Mr. Comeau. Peter Comeau Naples Heritage Community Development Dish/ct Fund Request The current funding requirement for the Naples Heritage Community Development District is necessary to pay the following. P~y Request #4 Invoice #4-029-45118 February '97 Management Fees 12/96 Representation I/13/97 Meeting AgneLli/Bums/Comeau/MLller 4 @ $200 #000477 Copies/Office Supplies l/13 Meeting Notice 12/96 Long Distance Faxes $15.50 $2.833.33 $3,618.43 $800.00 $22.73 $137.74 $9.00 $500.00 Total Request: $7,936.73 Accordingly. it would be appropriate for U.S. Home Corporation 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, NapIes Heritage CDD c/o Randy White 10300 N.W. 11 th Manor Coral Springs, Fl. 33071 Yours sincerely, Randy White Director of Accounting 1 M~~M Misc. Correspondence Agenda Date Agenda Item TO: FROM: DATE: RE: Sue Fllson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of l~e Circuit Court/Finm~e Department August L:~, Miscellaneous Correspondence. BCO Agenda Please place the following Items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number, Pursuant to Florida Statutes Chapters and 189 and 190, the Heritage Greens Community Development District has submitted the followlng: (a) Proposed Operating Budget for Fiscal Year ended September 30, 1998. (b) District Map. (c) Registered ~ and Agent for Fiscal Year 1996/97. (d) Minutes of Regular Meetings for RscaJ Year 1996/97. Heritage Greens · ..... Comman[t~ Develol~ment DLstrict , ~ ~. , 2 8 1997 April 14, 1997 Collier County Governmental Center 3301 E. Tamiami Trail Naples, Flodda 33962 Attention: Mr. Dwight E. Brock Clerk of the Circuit Court Subject: Heritage Greene Community Development District (fka Dove Polnte) Fiscal Year 1996 Annual Financial Report of Unit~ of Local Government Dear Mr. Brock: Pursuant to Flodda Statutes, Section 218.32(1)(b), enclosed please find the following: 1 Local Government Annual Financlal Report 2 Management Letter, and Management Letter Comments 3 Local Government Annual Financial Report If you have any questions or require any additional information, ple.a,~e c.~.n.~¢ me. Yours sincerely, HERITAGE GREENS ~ ~(~°IVIE:NT DISTRICT James P. Ward Assistant District Manager Oate: ~ Item# Copies JPW/rgw Enclosures 10300 N.W. 11th Manor Coral Springs, Florida 33071 FINANCE Tel. (954).753-0380 Fax (954)-345.1292 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 HERITAGE GREENS COM~ REPOR~NG ENTTrY: OEVELOmaENT msmtcT iD NUMBER: GENERAL FUNO 16G 1016 EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. 538 10 ~vironment- Flood Control Whole Dollars Only $31,256 TOTAL EXPENDfTURES AND OTHER DEB[TS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/96) 2 $31,256 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 HERITAGE GREENS COMMUNITY REPORTING F_NqT~: DEVELOPMENT ols'm~ ID NUMBER: REPORTING FUND GROUP:. GENERAL FUND 16G 1 1016 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. 366.000 389.400 ~tion Contrib~ions and Donations from Private Sources Grants and Donations Other Sources Whole Dollars Only $250 98,184 $98,434 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/96) M~ORAN~M Misc. Correspondence Agenda Date Agenda Item #.__ TO: FROM: DATE: RE: Sue Filson, Administrative Aesistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department August 2G, 1997 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pursuant to Florida .Statutes Chapters and 189 and 190, the Heritage Greens Community Development District has submitted the following: ~)~oposed Oper~ng Budget fo~ Fiscal Yea' ended Septem .ber 30, 1998. inures of Regular Meetings for ~ Year eflded September 30, 1997. (c) General Purpose Financial Statemer~ ~ Year Ended September 30, 1996. (d) Management Letter and Response Ex Year Ended September 30, 1996. Than~ You. n:\~*~,~ I I I I I I I I I I I I I I I I I GEN'EXt. AL I'UXtPO~I~ FINANCIA.~ 16G 1 I I I I I I I I I I I I I I I I I I I REPORT ,16~ 1 SCHULTZ CHAIPEL ,-.En-!r,.CD ~x~qj.~ ~,CCC~NTANTS The Board of Supervisors Heritage Greens Co~m~unity Development District Collier County, Florida We have audited the accompanying general purpose financial, statements of Heritage Greens Conmm/nity Development District (the .District'), as of and for the year ended September 30, 1996, as listed in the Table of Contents. These general purpose financial statements are the responsibility of the District's 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 material misstatement- An audit includes examining, on a test basis, evidence supporting the amounts and · --~,,~oo =~sessina the accounting prinuiples +'~T~' -'- ~ ~ ........ - ~, wall as evaluating t~e overal~ genera~ estimates maoe Dy~u~=~=~u, ....... 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 the District, as of September 30, 1996, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated March 10, 1997, on our consideration of the District's internal control structure and a report dated March 10, 1997, on its compliance with laws and regulations. DIVISION FOR CIA F1RMS. AICPA 1 4575 VIA ROYAI~. StlITE I:O~T MYERS. FLORIDA 33919 (941) 939.5333 [:AX (94 I) 939-4682 E-Mad SC Co CPA(~aolz:om I I I I I I I I I I I I I I I I I HERITAGE GREENS CO~WUNITY DEVELOPMENT DISTRICT BALANCE SHEET - GENK~AL FUND September 30, 1996 16G ASSETS Cash Total assets LIABILITIES AND FUND DEFICIT LIABILITIES Accounts payable Total liabilitie~ FUND DEFICIT Fund deficit Unreserved Undesignated Total fund deficit Total liabilitiaf and fund deficit ~) The accompanying notes are an in=egral part of =hese general purpose financial statements. I I I I I I i I I I I I I I I I I HERITAGE GREENS C0~UNITYD~~DIS~I~ STATE~"~ OF REVENUES, EXPENDITURES AND CHANGES IN FUND DEFICIT - G~NEHAL FIrND For the Year Ended September 30, 1996 16G Contributions fr~ developer in lieu of assessments Total revenues EXPEND ITUR~S Current Physical environment Operating expenses Total ex~en~/tures EXCESS OP EXFE~D~ Forgiveness of indebtedness FUND DEFICIT - October 1, 1995 FUND DEFICIT - September 30, 1996 (31,006) 98,184 The accompanying notes are an integral part of these general purpose financial statements. I I I I I I I I I I I I I I I I I I 166 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 1996 NOTE i - SUMHARY OF SIGNIFICANT ACCOUNTIN~ POLICIES The Heritage Greens Community Development District (formerly known as Dove Pointe Community Development District) was established July 20, 1993, by the Collier County Board of County Commissioners pursuant to Ordinance 93-39 as amended, and the provisions of Chapter 190, Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community-wide infrastructure. The accounting policies of Heritage Greens Community Development District conform with generally accepted accounting principles (GAAP) as applicable to governments. Heritage Greens Development Limited Partnership, is the present major landowner in the District and is represented by three of the five members on the Board of Supervisors. The following is a summary of the more significant policies: Scope of the District The criteria used in determining the scope of the entity for financial reportingpurposes is that ofmanagement oversight by the Districts' Board of Supervisors. All such activities are included in the following funds: Governmental Fund Type General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Fund Accounting The District is organized on the basis of a fund which is considered a separate accounting entity. The operations of the fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to, and accounted for, in individual funds, based upon the purposes for which they are to be spent and the means by which spending activities are controlled. 4 I I I I I I I I I I I I I I I I I H~RITAGE GREENS COMMIIRITY DEVELO~ DISTRICT NOTBS TO GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 1996 NOT~ i ~UMMA~Y OF BI~YICANT ACCOUNTING POLICL~8 (cont4nued) Measurement Focus The General Fund is accounted for on a .spending' or .financial flow' measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balances (net current assets) are considered a measure of available, spendable or appropriable resources. General Fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Basis of Accounting The General Fund is accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable and available for use. B~nditures are generally recognized when the liability is incurred. Budgets Pursuant to Florida Statute 190.008, on or before July 15th of each year, the District's manager is to provide the Board of Supervisors with a proposed budget. The Board is to consider this proposed budget, approve it as presented or modify it if deemed necessary. The Board is to indicate its approval of the budget by resolution and provide for public hearing. At the conclusion of the public hearing, the Board, by resolution, will adopt the finally approved budget. The budget must be adopted prior to October 1st of each year. For the year ended September 30, 1996, the Board did not adopt a budget in accordance with Florida Statute 190.008. 1 NOTE 2 Florida Statutes provide that each special district may deposit its public funds in the FloridaStateBoardof Administration Local Government Investment Pool or in banks and savings associationsthatparticipate in the PloridaMultiple Financial Institution Collateral Pool. All such deposits are classified as fully insured. Florida Statutes also provide that Special Districts may invest in securities limited to obligations of the U.S. Government, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual funds which invest in only the aforementioned securities. Ail deposits during and at the end of the year were in compliance with statutes. I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 1996 16G 1 I I I I i I I I I NOTE NOTE 3 - CASH AND INVESTMENTS (Continued) At September 30, 1996, the District had cash of $2,000 that was insured by the FDIC. AGREEHENTS WITH DEFELOPE~ - P. ELA~ PA~TY TT_%NSACTIONS In August 1993, the District entered into a funding agreement with Dove Pointe Development Corporation ("DPDC"), the original developer/landowner. DPDC agreed to fund the operations of the District from August 2, 1993, through September 30, 1994. Such amounts received were to be considered contributions in lieu of assessments. Since September 7, 1994, DPDC has not provided any funds resulting in unfunded operating expenditures of $141,051. In September 1996, DPDC relinquished its control of the District to Heritage Greens Development Limited Partnership ("Heritage Greens"). Heritage Greens plans to acquire the lands within the District and complete the plan of development. However, as of September 30, 1996, a funding agreement for operating expenditures with Heritage Greens was not in place. As part of the acquisition plan effectuated by Heritage Greens, certain vendors agreed to reduce amounts owed them by the District. Obligations forgiven for services rendered prior to October 1, 1995, amountedto $98,184 which is reported as .other financing sources" in the statement of revenues, expenditures and changes in fund deficit - general fund. I I I I I I I NOTE 4 NOTE 5 DEFICIT FUND BALANCE The deficit fund balance exists due to the DPDC ceasing funding of District operations. The District does not anticipate any additional funding from DPDC. However, District management believes that the fund deficit will be eliminated as Heritage Greens progresses with its development plan. In January 1997, the District issued $6,000,000 in special assessment bonds. The proceeds of this issuance are to be used for the construction of improvements consisting of roads, stormwater management facilities, sanitary sewage collection and transmission system, and water distribution system. Proceeds will also be used to pay issuance costs, to pay interest during the construction period and to fund the required Debt Service Reserve. I I I SCnULTZ CHAIPEL I I I I I I I I I I .I I Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the general'purpose financial statements of Heritage Greens Community Development District (the .District"), as of and for the year ended September 30, 1996, and have issued our report thereon dated March 10, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain rea~oz~leass%nca~ceabout whether the general- purpose financial statements are free of material misstatement. The management of the District 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 andprocedures. The objectives of an internal control structure are to providemanagementw~th reasonable, but not absolute, assurance that asse~s are safeguarded against lobs fro~unauthorized use or disposition, and that transactions are executed in accordance With management's authorizationandrecordedproperly to permitthe 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 designandoperation of policiesand proceduresmay deteriorate. DIVISION FOR CPA FIRMS, AICPA 7 4575 VIA ROYALE. SUITE. II0 FORT MYERS. I.'IK)RIDA 33919 (941) 939-5333 FAX (941) 939-4682 E-Mail SC Co CPAOaol~om I I I I I I I I I I I I I I I I I I 16G In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1996, we obtainedanunderstanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the Amerlcan 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 str~/cture and its operation that we consider to be material weaknesses as defined above. This report is intended for the information of the management and Board of Supervisors of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. Chaipel & Co. March 10, 1997 i 26G 1' I SCHULTZ CHAIPEL GO. ! I I I I I I I I ! I ! I I I I I Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the general purpose financial statements of Heritage Greens Conx~unity Development District (the *District"), as of and for the year ended September 30, 1996andhave issued our report thereon dated March 10, 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 and contracts, applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performedtests of the District's cc~pliancewith certain provisionsof laws, regulations, and contracts. However, our obJective was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported hereinunderGovernment Auditing Standards. This report is intended for the information of the management and Board of Supervisors of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. '~ch~Atz, Chaipel & Co. ' 10, 1997 DB1510,'~ FOIl CPA FIRMS, AICPA 9 4575 VIA ROYAI~ SLIFrE II0 FORT ,MYF~3. FLORIDA 33919 (941) 939-5333 FAX (941) 939-4682 E-Mail SC Co CPAOaolzom I I I I i I I I I I I I I I I I I I SCHULTZ CHAIPEL 1 Honorable Board of Directors Heritage Greens Con~m~nity Development District Collier County, Florida we have audited the general~ur~ose financial statements of the Heritage Greens Ccu~unityDevelopment District (the .District"),whose headquarters is located in Coral Springs, Florida, as of and for the fiscal year ended September 30, 1996, and have issued our report thereon dated March 10, 1997. We have issued our Independent Auditors' Repor~ On Internal Control Structure and our Independent Auditors' Repor=OnCc~pliance With Laws and Regulations both datedMarch 10, 1997. Disclosures in those reports, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards, and Governmen= Aud/IuLuS Stamclards issued .by the General of the United States. Additionally, our auditwas conaucteu x accordance with provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1)(f)1.) require that we comment as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. This is not applicable as there is no annual financial audit repor~ for the year ended September 30, 1995. The Rules of the Auditor General (Section 10.554(1)(f)2.) require that we comment as to whether or not recon=nendations made in the preceding annual financial audit report have been followed. This is not applicable as there is no annual financial audit report for the year ended September 30, 1995. DI%qSION FOR CPA FIRMS, AICPA 10 4575 VIA ROYALE, SUITE II0 FORT MYERS. FLORIDA 33919 (941) 939-5333 FAX (94 I) 939-4682 E-Mad SC Co CPA~aol.com J I I I I I I I I I I I I I I I I As requiredby the Rules of the Auditor General (Section 10.554(1) (f)3.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, ,Determination of Financial Emergency." In connection with our audit, we believe that the District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1) (d), Florida Statutes. District management did not notify the Governor and the Legislative Auditing Committee of this condition as required by 218.503(2) Florida Statutes. As requiredbythe Rules of the Auditor General (Section10.554(1) (f)4.), we determined that the annual financial report of the Heritage Greens Community Development District for the fiscal year ended September 30, 1996, was filed with the Department of Banking Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1996. The Rules of Auditor General (Sections 10.554(1) (f)6.,7.,8.,9.) require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on the internal control structure or compliance: recoumxendationstoimprove financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered bythe auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.554(1) (f). PRiOR YEARCOMMENTS~ Not Applicable CURRENT YEAR COMMENTS~ A budget for the general fund was not prepared and approved as required by 190.008 Florida Statutes. The Rules of the Auditor General (Section 10.554(1) (f)10.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the general purpose financial statements. The District was established by the Collier County Board of County Commissionerspursuant to Ordinance Number 93-39 as amended, and the provisions of Chapter 190, Florida Statutes. 1 11 This management letter is ~ntended solely for the ~nformation of the Board of Supervisors of the District, management, ~ the State Offlce of the ~ditor ~ne~. H~er, ~h~s repo~ ~s a ~tter of ~lic record ~d its distrMti~ is not 1Mted. - ~ch 1997 10, I I I '1 I I I I I I I I I I I 12 MEMORANDUM 16fi Mist. Correspondence Agenda Date Agenda Item ~_~ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commlssioner~ Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department August 2~, lgg7 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda Item number. Pursuant to Florida Statutes Chaptem and 189 and 190, the Fiddler's Creek Community elopment District ha~ ~ubmltted lhe following:. Minutes and Recorcl~ of Regular Meetings for Fiscal Year 1996/97. [b) Local Government Annual Financial Report for Fiscal Year ended September 30, 1996. .~,(~roposed Operating Budget for Fiscal Yea' 1998. Thank You. 16§ 1 April 21, 1997 Clerk of the Circuit Court Finance Department c/o Mr. Dwight Brock P.O. Box 413016 Naples, Florida 34112-3016 Attention: Subject: Mr. Dwight E. Brock Clerk of the Circuit Court Fiddler's Creek Community Development District Flacal Yaar 1996 Annual Flnanclal Report of Unit~ of Local Government Dear Mr. Brock: Pursuant to Florida Statutes, Section 218.3~(1)(b), enclosed please find the following: 1 Local Govemment Annual Financial Report 2 The District did not require an audit of its financial statements at 9/30/96 If you have any questions or require any additional information, please contact me. Yours sincerely, FIDOLEFrS CREEK COMMUNI3Y DEV~ DISTRICT James P. Ward Assistant District Manager J PW/rgw Enclosures Misc. Corre~ Date: Item# Copies 10: 10300 N.W. 11th Manor Coral Sprlnga, Florida 33071 Tel. (954)-753-0380 Fax (954).345-1292 FUND GROUP REVENUES AND EXPENOCI'UR~ 1995-96 ~CREEKCOI~U,rn' ~ENTITY: oEv~_o~,~m'~ 16G New District REVENUES AND OTHER CREZ~rS (311.00o THROUGH 390.000) Account No. 366.000 De..~.~.~tion Contribu~on and Donations from Prlvate Sources Whole Dollars Only $14 58..~1 TOTAL REVENUESANDOTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/96) $14,581 FUND GROUP REVENUES AND EXPENDFrURES/EXPENSES 1995-96 REPORTI~ ENTTTY: DEVB.OPMEhq'mSTR~ ID NUMBER: GENBtAL FUNO New District EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Whole Dollam Only Account No. 511 512 513 514 519 Obe~ De._~ion 1 0 S.S.S.S.S.S.S.S.S.~rvisom Fees 3 0 ~nt Fees 3 0 financial Advisor $1 s_.~.~p_00 487 30 Legal~Fees 3 0 Other General Governmental Services 3 4_.~66 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 2 Rev. 10/9/96) IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION RD IMMOKALEE FL34142 16G TELEPHO?_~.(~ 658-3630 July 3, 1997 Bd of Cry Corem PO. Box 413020 ,,.. Naples, FL 33941 RE: ACCT # 1130010200; SERVICE ADDRESS - Stockade Rd; FILE # 310000 Dear Bd of Cty Corem: Health officials have long been concerned about cross connections and backflow connections in plumbing systems and in public drinking water supply systems. A cross connection is any illegal connection or equipment that when attached to the District's drinking water system, may cause an unknown or unsafe substance to enter the system. As a community water systent, the Immokalee Water & Sewer District is implementing a Cross Connection Control Program under Florida Administrative Code 17.555..60 which is pursum~t to Resolution 95-$, ~s Mopted by tl~ Bom'd 0fCommissioners of the Immokalee Water & Sewer District. This is also in accordance with the Collier County Plumbing Code. Irnmokalee Water & Sewer District will be calling your place of business in the near future to make arrangements for a compliance inspection of the water system under your control. This initial compliance inspection will be at no charge. ~ The degree of hazard will determine the type of bacldlow prevention device and the timeliness of the equipment installation required for your facility. These devices must be installed by a certified plumber and all fees will be the responsibility of the customer. After our inspection, a letter will be sent out noting the necessary actions to meet the requirements ofthe District. These devices are required to be inspected on a yearly basis by a certified inspector. Literature on the Cross Connection Control Program is available at our office and questions may be directed to Jo Ann Ramey or John James at 658-3630. ,/~st respectfully yours, David E. Lindsay District Director Misc. corres: Date: Item# NOTE: Copies To: IF YOU DO NOT OWN TtIIS PROPER'I~, FORWARD TO ~ OWNER A.S.A.P. IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION RD IMMOKALEE . FL ~4142 TELEPHONE ~ 65S-3630 July 8, 1997 Board of Co Commissioners P.O. Box 413020 Naples, FL 33942 RE: ACCT# 1111161400; SERVICE ADDRESS - N 1st Community Park; File #237000 Dear Board of Co Commissioners: While inspecting your premises on 06/24/97, the Cross-Connection Control Inspector identified certain deficiencies in the protection of the potable water supply which will require a RPZ. Certain appropriate backflow-prevention assemblies must be installed by a licensed plumber to comply with the lmmokalee Water & Sewer District Resolution 95-8. Backflow-Prevention assemblies should hav~ test cocks (i.e., reduced-pressure principle, double cbeck valve, and pressure vacuum breaker assemblies) must be tested on installation and anmmlly thereai~er by a licensed tester. A by-pass assembly should be install~d if an unimerrupted supply of water is required ~ devic~ will be turned offduring testing. We have attached, for your convenience, a list of licensed plumber~ to install and/or ~-nfie~ and po~'bly test backflow-prevention ~,~-mblics, within this jurisdiction ~1 typic~ installation layouts along with an approved baddlow devie.~. Befor~ installation the plumber must complete the enclosed permit and have it available when the plumber contacts Jo Ann Ramey to provide license and pertinent information on assembly. The plumber chosen must ~!$o contact our offic~ for an inspection form which must lac completed and returned to this offic~ on completion ofinstallation. The date of completion for this work should be within 150 days. Ifyou requir~ additional information, please contact the Cross-Connection and Backflow-Prevention Officer Jo Ann Ram¢5', at the above address and phone number. Most respectfially yg~rs, C~fi~ Cro~Co~on ~g~ IMMO~EE WATER & SEWER DISTRICT I0~ SA~rrATION RD · SOUTHWE~ FLORIDA SI~VICIg AND SUPPLY 606 £MAIN ST .. IM~OKALEE, FL 34142 (941) 657-2429 ~ACKI~ ~ CONSI'ROCrlON 611 LAI~ SHOI~ DR-W~ IMMO~ 1~ 34142 (941) 657-32.~3 17251 ALICO ~ 6 FOIST ~ FL 33912 HAL~.A.KALA CONSTRUCTION Sgl0TA ORRD I~IAPLF~, FI, 33942 (941) IMMOKALEE WATER & SEWER DISTRICT · 1020 ~wi'rATION RD !~ :~,142 lq~ 941 ~o Nmme of Plumbing Nme of Plum1~-r ~ Comer County Ptmbing Permit # Cd'over $750.00) Sta~ of Florida Plumbing Liee~,e #~ Exp. Date Back/Iow Tenor C, erfificat~ Act~ Da~ of Co~l_etioa Type of Device Make of Device Necessary Copies: State of Florida Plumbing Lic~ Back/low T~' Cm'fifi~ 11 IMMOKAI E WATER & SEWER DISTRICT 10'20 ~M~I'ATION ROAD WILKINS 975 BV PEBCO $~Y OK YA '. WATTS OO9 (Il' WATTS ~09HWqT WILKINS 975 BV FSSCO ~ o~ VA WATTS OO9 qT WATTS ~-r~rqT 1 If/' WATTS 009 QT FEBCO $25Y OR. YA WATTS 9ognwq'r 2 If/" WATTS 00~ QT FEBCO $25Y OK YA WATTS 909HWQT w~.rrs ooo fir I:'EBCO Ir25Y OR. YA WATTS 909RWBB WArtS 0o9 qr FEBCO ~2TY OP. YA WATTS 909RPDA AMES 40(X)RP FEBCO ~SY OR. YA WATTS 909P. PDA AMES 4000RP FEBCO FiSY OR. YA WATTS 909P. W 10' AMES ~ PEIKIO ~ OK YA WATTS 909MI , AME~,~X)RP ' FEIK:O ~.SY OR. YA WATTS 909MI OOUBLE CHECK OR REOLJCEO PRESSURE 8ACKFL. C)W PRE~ENTER 2m C)UAL. SERVICE' ~/4, I", I-1/2", (~) BACKF LOW PREVENTER J~T~ 114~"I'A/,.I.. A? ION SI,lO'dill ASOV~ IS I~Oll A 2' S~VICZ. C~ANG~.. IIIPING IdAT (IIlAI,.S AC¢Olt OlNGI,.T IS'Gill SF..II¥1C[ SIZE DOUBLE CHECK OR REDUCED PRESSURE BACKFLOW PREVENTER SINGLE SERVICE:' :~/4'"t I", 1'l/2."t 2," IMMOKALEE WATER & SEWER DISTRICT 1020 SANITATION.=.~.~ 16{] IMlviOKALEE FL 34142 TELEPHONE 941 658-3630 1 July 8, 1997 Board of Cry Commisioner~ P.O. Box 413020 Naples, FL 33942 RE: ACCT # 1111160300; SERVICE ADDRESS - Roberts/Ball Park; File #234000 Dear Board ofCty Commifioner~: While inspecting your premises on 06/24/97, the Cross-Connection Control Inspector identified certain deficiencies in the protection of the potable water supply which will require a RPZ. Certain appropriate backflow-prevention ~blies must be installed by a licensed plumber to comply with the Immokalee Water & Sewer District Resolution 95-8. Backflow-Prevention assemblies should have test cocks (i.e., reduced-pressure principle, double check valve, and pressure vacuum breaker assemblies) must be tested on installation and annually thereafter by a licensed tester. A by-pass assembly should be installed if an uninterrupted supply of water is required as device will be mined offduring testing. We have attached, for your convenience, a list of licensed plumbers to install and/or service and posa'bly test backflow-prevention assemblies, within this judsdi~on and typical installation layouts along with an approved bacidlow device. Before installation the plumber must complete the enclosed pennit and have it available when the plumber contacts Jo Ann Ramey to provide license and pertinent informaion on assembly. The plumber chosen must also contact our office for an inspection form which must be completed and returned to this office on completion of installation. The date of completion for this work should be within 150 days. If you require additional information, please contact the Cross-Connection and Backflow-Prevention Officer Jo Ann Ramey, at the above address and phone number. Most respeclfillly you.r,,~ Certi~dd Cross-Connection Manager , IMMOKALEE WATER & SEWER DISTRICT .4020 ~d~I'TATION RD · . !~I, 34142 :o SO~ IrLORIgA Sl~YIC~ AND gOlq~Y 606 EMAIN ST .. IIVIMO~ FL :~4142 (941) 65%2429 JACK~ ~ CONSTRUCTION 611 LAKE SHORE DRIVE IMMO~ FL 34142 (940 pAN'I'HIlR PLBMBING 172~1 ALICO SUITE 6 FORT MYERS, FL 33912 (~41) ~6-TSS~ ~ CONSTRUCTION $910 TAYLORRD ~ FL 33~42 (940 16G li TELEP14ONE I 6.S&.36~O IMMOKALEE WATER & SEWER DISTRICT .J~0$AN1TA~ONRD ~~4142 Nazne of P~umb~g Comz-act~'- Name of Plumber -- Pho~c # CoUier Cou~y ~mbins P~it # C~ov~ ~5o.0o) State of Florida Plumbing License #- Exp. Date Backflow Tester Certificat~ Address for installation Projected Da~ of Completion Actual Dat~ of CompI_efion Type of Devi~ Make of Device Serial # Necessary Copies: ..- State of Florida Plumbing License Backfiow Tester Certificate vcco v IMMOKALEE WATER & SEWER DISTRICT 1'6'G ' I 1020 $AI~i'ATION ROAD 1 WILKINS 975 Blt FEBCO 825Y OR YA '. WATTS OO9 qT warts 9o~4w. ~rr WILKINS 975 BV FEBCO ~25Y OR YA WATTS 00~ cfr w, krrs ~,~ FI~)CO ~ OR YA w~,rrs 909Hw~r WATTS OO9 qrr FI/BCO $25Y' OR YA WA'FrS 909HWQT 2 1/2' WATTS 009 QT FEBCO 825Y OR YA WATTS 909RWBB WATTS 009 qT FEBCO ~25Y OR YA WATTS 909EPDA ~ NEBCO 825Y OR YA WATTS 909RPDA AMES 4000RP FI/BCO S2b'Y OR YA WATTS 909RW 10m AM~ 4000BP ~0 82b'Y OR YA WATTS 909MI ' FEIK:O ~ ORYA WATr$ 909MI · ~MMO~E 16 a 1, WATER & SEWER DISTRIC~ 10'~ .~I'TATION ROAD DOUBLE CHECK VALVF. ASSI/I~LY I 1/2' 2' 2 1/2" m I0" WILKINS 9~0 BV FEBCO 805Y WATTS 709 QT WILKINS 9~0 BV FI~3CO ~05Y FEBCO ~05Y WATTS 70~RWBB FEBCO ~$Y WATTS 709KWBB FI/BCO 805YD WATfS 709RWBB FEBCO ~05YD AM~S ~000-G-DCA FEBCO ~05YD TI/LI/I~ONE ~94U 657-3345 (~ BACKFLOW · P R EVENTE R II(I'L'~ IIIIlffllg IiI&T I'1~ I &I,.S I,~"I:4~OI#GI.,Y FOR Sl311'VI C~; S I~.,. 16~ 1' DOUBLE CHECK OR REDUCED PRESSURE BACKFLOW PREVENTER $/4', I', I-t/?- SINGLE SERVICE' IILS~A~L.A"TION SI40WN Al0¥1' II FOIl UA?I~RSA~,~ AGGOIIOIIIiI,,Y FOR S~R M~DUM Misc. Oorraspondence Agenda Item TO: FROM: DATE: RE: Sue Fiison, Administrative Assistant Board of County Commlsaionem Derek Johnesan, General Accounting Manager Clerk of the Circuit Court/Finance Department August 26, 1997 Miscellaneous Correspondence - BCC Agenda Please place the following item~ on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pursuant to ~ Statutes Chapters and 189 and 190, the Immokalee Water & Sewer District has submitted the following: (a) General Correspondence pursuant to Resolution 95-8, as adopted by the Board of Commissioners of the Immokaiee Water & Sewer District Thank You. (~,'17 '~' 12:02 ID:BIG ~ WIN F~:Ot3-5.,~-~'? PP~E 16G 11' 0~u__th Florida Wa't~-r-r Ma--~ag;'menr '_D~i~tr~ct B;g t~.H.,~.. B.~ ' 6~ 67 J,.~ I ~,~ ' Nal,k~, VI, 341~ · (94 I) ~7.1 ~0~ !:~ (941} ~97-4~ ' ~ 721-79~ TELECOPY COVER SHEET 6167 ~B ~ t,[APL~S, ~.,OI~3:DA 34109 TELEPHOi~ NL%~R: 941-597-1505 W;lr.., tim. d. cl.;.,.., K. ,,/~k-F~. Di,~rkl l-I,,&pmnm · 3.t01 CAm Club l~ml. P.O. ll,-, ,I.~110. Wm IMm lln,,J~. 1.'1..1.141 (,-,V,,q~ · (,ltr~ ~ 1.1. 06/17 '97 12:03 ID:BI~ ~ BASIN F~:eig-~07-~87 Pfl~E 2 MEETING OF THE BIG CYPRESS BASIN BOARD OF TIlE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Open to the Pttbllc AGENDA 1 Friday, June 27, 1997 9:00 A.M. Collier Cou,ty Commi.~,;ion Chalnbers, Third Floor Collier Counly Government Center. iluildi,g F Naples, Florida R£C:IJI.AR BUSIN£SS MEETING C:all m Order Invoc~on and ~ledse of Allesiance ^ppro~al of Minutes ofBoanl M~"ling of May 30. 1997 3. Meeting Age~a (A) Additions, Dctctions, Sub~tilutiura to A§cflda Approval or'Agenda lC) Absteation~ Cot~sideration o£1~solufiun No. 97-6-2 Conum, ndJn8 C'liflb~d Barksdale (:on.~idcx'alion cffResoluliofl No 97.6-.t Ct~mrncr~li,g A Glenn Simpson Misc. Cortes: 6. lake TraffoKi Re.ration C. otlccptuaJ Plan Date:. 7 Consid~doe of Al~noval oflqv~ Y~ar Plan Item~ R. I"Y 98 Budget Workzhop ~ tf. mmm~ Clu, vma., I.~ ~fici~..Ft. L,qiffmd # lt:.k,,dak' n,rles Copies To: C'b ri'me S.'lnn, Jr. D~m~. 1~ Cnam II..;, Club Road, I:O. IL~ 2468~ Wm Ihbn Ikxh, H. 33416 .w'd~0. (,107) fid'rim00,1.'1, WKfS 1-B00-432-20'15 06,'17 '9'7 :I~:03 ID:BI6~ BA~IN 16G 1 1, Alan Koresc, do solemnly Swear that I will support, protect oE Florida, and that I w111 honestly, faithfully and im~artially perfo~ the d~tie~ dweolvir~ upon m~ as a m~.l~er of the ~asin l~oard at che ~lg C~press ~asin, South Florida Watur Marlagom~nt Dl.s~rict; and chat I will not n~glect any of the duties t~po.~d upon mo by C]:apter ]71. Fl.orida Statuteo, and the prevailin9 laws of the StuCe at Florida. $o Help Me God. Al a~ Kor~.~ Sworn to and subscribed before me at Naples, Florida, this 27~h day of June 1997. Dwt~lht l~=ock Clerk of the Circuit Cour= 2Or:It Judicial Circuit Coil ier County, Flort da Authority for Wording: F. $. 373.079{1) Q~outh Florida ~ater Management District GOVERNING BOARD MEETING Open to the Publk' AGENDA Governing Board Meeting Wednesday, June 11,199~ 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Re Board questions for staff about any Items on the Thursday Regular or Regulatory Consent Agenda. Public Comment on Fdigation which is to be discussed in today's closed door attomey- crmnt session ~ D~'icl'~ reclue~ for modification of the 404 (Dredge and Fill) Permit and dispute. ~ process in ~ ~ ¢3orr~nJ Attomey-C,~nt Se~lon.~ to Fla. Sra. Section 286.0! 1 (8) (1993) to .cllscu~ Barbara Madcham, Germra/C_.,ocn'~se/ (2 hrs.) Update on Everglade~ Construc6m Project funding and cashflow Issues. Joseph M. Moore, Director, Budget and Procurement (30 min.) Miller Andress, Director Everglades Con~ Project ***LUNCH*** I June 11, 1997 Psge 2 DOAH Case Noe~ 95-5525, 95-5526 ahd 92.5527. ( 2 hrs.) Barbara Markham, Gem~ral Counsel . Dione CarroS / Dexter Lehttnen, ~ounsel for Fiork~ Bay Initiative, Inc., The Florida Key~ Ftshk~ Guides Assodation, Michael Collins and Charles W. Richard Grosso / Terrell Argne, counsel for 1000 Friends of Florida, Inc. Greg Goldfazb, couneet for Fiodda Keys ~ Coa.qtion Su~an Mar~, Sr. ~ Offee of C, oumel, for SFWMD Staff Daniel ~, couneel for Florida De~ of Transportation Robert Apgar, ~ for I, ton~ C, omty (2 hrs.) 6. A. UpdatefromOfr~ofF. nmpr~~r~ Trevor ~ Director, Office of Enterpdse ~rtng PUebC COMMENT ADJOURNMENT 168 1' 9:00 A.M. Th~ followi~ Ik~ra M~ml~r~ we~ ~ CALL TO ORDER The Wmtshop was ¢~l~d to 1. lh)m'd ~f~~~yi~ ~~~~~ Con.at · leto l~mma qu~ioae~ i~ 5 ~ 18. ~. ~ ~w, ~ ~ ' ~~ ~~ ~d ~d 14,199'/ Responding to ccxnmgats about the pregnce of mold and bactg~ in thc B-50 ~ Ms. Sin~' sa/d sl~ supports a long-~'m sol~on to tt~ problem of finding 3. O~rviz, w of the folk.ting fora' Items: s~id thc figure was chosen u a baseline the draft plan because it win be used ss a spdng boant for the U.S. ArmY C°rps °f Engha~ra (USACE) re~ucly of the ~ and South Florida Flood Omu'ol Project. B. Pr~ea~ation on warm' Reaerv~ Area Femll~W Study. M~. Dawn R~d, P~ Mana~r, Planning Dcpa.qmeat, preacnmd information on this itc-re. A copg, of fl~e malerial ased in her pre.sen~on is included in Ihe official rexxad of tiffs meetini. include~! in lhe official lexxad of figs ~ Broward County. He said all sm:h lands should be placexi inw · ~ eaaeme~ h plsa will schi~'v~ ~ degred goal . - 16G · Mr. Joe .... - '-- ~-:- -~-~,tation is includea in me ~a~w,-, ,-~-.,..- of status of civil works projec~ and whero say .slippaso in tho,so l~.~cts is occunin~ 5. PubUc Comment on !I gagon_ - '"-'-~-"s ~ for modification o~ u~ 404 attorney-client sessions including the ~. - _~,l__~--__.~- in T~.a+.a .~t,~ nf n~.,ord of thiz me~d~ 16G Mfy 14,1,~7 AX)JO~ O.e~.th Florida Water Management District. "--~ ----------- -------- --------- 16G 1 GOVERNING BOARD MEETING Open ~o the Publk' AGENDA Governing Board Meeting Wednesday, June 11, 1997~- 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West palm Beach, Florida CALL TO ORDER Board questions for staff about any Items on the Thursday Regular or Regulatory Consent Agenda. · Public Comment on litigation which is to be discussed in today's closed door attomey- client session including District's request for modification of Ihe 404 (Dredge and Fill) Permit and dbpute resol~ prooess in ~ ~. m min.) · Barbara ~, Genera/Counsel (2 hrs.) 4. Update on Everg~utes Construction Project funding and o,hnow ~sues. Joseph M. Moore, Director, Budget and Procurement (30 min.) MiP, er Andmss, Director Everglades C.,onsbuction Project ***LUNCH*** 168 June 11, 1997 Page 2 5. . ConsidemtionoftheRecommenoe~'" ~ ~5-s52~, ~ ~ ~2-s52'/. ( 2 hrs.) Barbara Maridmm, General Counsel · -- Dione Can~ / DexMr Lehtinen, counsel for Florida Bay InitiaZtve, Inc., The Florida Keys F"lsh~g Guides Assoclatl~, Michael Collins and Charles W. Richard Grosso / Terrell Arline, counsel for 1000 Friends of Florida, Inc. n~n/e/~, counM/for Rodda uepamm~,, u, ._ _, ,,- ~-- ........ - Robert ~ co~r~e/for Monroe Cour~ · 6. A. Be Trevor Campbell, Director, cm~ce ,,, Engineering Reengineered Procurement P_ .r~cess....__,_ ~ .., =',,,..,,M~ ~nnJrmer/no PUBliC COMMENT ADJOURNMENT 1 . GOVERNING BOARD ME _Ii'rING Thursday, June 12,1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road · West Palm Beach, Florida /n order to penn/t maxfrnum ~ ca ~,-~ CALL TO ORDER B. C. De Invocation: Andrea Holtz Pledge of Allegiance to the Flag of the United States of America ~Uflrlam Sinaer, Chairwoman of the Human Resou .roes Presentations: · '-'" . --; ""~ ..... '-- "-"s ~'"~ of the Mor~ - Center W ' Governing Board Regular Meeting of May 15, 1997. MORNING AGENDA APPROVAL Bo Abstentions GOVERNING BOARD MEETING ~IEDULE 1.. Consider Schedule for UPC°mlng Meeting. 2. Consider Tentative Agenda for July June 12,1997 page2 BUDGET OFFICE Approval of Budget Transfers. OFFICE OF COUHSEL 5. e of STA -1E, to increase ~ .in th~_~ of $50,000, for which funds are budgeted. [EC01] [~ Number ' Autho~z~ amending a ~ ~ ~ L ~, P'~' a~ ~ ~1' "'"-:"-:~ _ the l:;)~strlCrl In · ma~e. r.~.~. ~ ~, palm Beach ~~Cou~ No. judgment ~ uy ~m ""'"" ..... COfleC:;lOfl m u~ .""uldm''''''' ~ potable water 1-A1 cost. (Contract Number C-881 ) June 12, 1997 BROWARD COUNTY SERVICE CENTER 10. the ~ ~[ ~ ~ "~----'- -- .financial ~ f~ .... ~ to the District. (Contact Number 7138-A2) for a 12-month extension at []u .~,~o, - Authorize amending a contract with Broward County to extend the ten~ of the contract for one year from June 30, 1997 to June 30, 1998 to complete construction 'JI ~maH ....... --__~- ~,,,~_....~, ,,~t,,qAe~(~~ t 3126-A3) MIAMI-DADE REGIONAL SERVICE CENTER u,- ,~.,--,_'."-'7'...--77_'1'_-__ ~.,.,~,~,~ $149,092 for whiCh the remainder ~ubject to Governin~ Board approval M_the FY98 ($39,665) and FY99 ($25,842).budge~. (~-Number C-e378-A2) 14. Recommend adopti~ of proposed amendments to the Altendance and lea. · Policy No. 3.300. OFFICE OF ENTERPRISING ENGINEERING-'-' ...... ~th ~._ .. vendom for eate into 11 wo~ or~er 15. Authorize . ring _ _ the time rlod 7/1/1997 Ih .rough. servbes for pe ss menglneering.an~l_..~~ ec.~,~ -/nn ~f ~a~ich $185~30 is budgeted g7 and the remaining ~ _,5~0_ _ r C-8361 FY Contract Nurnbe FY9S (S:~.S,O00) and FY~ (~~) budget~. ( · MANAGEMENT SERVICES DEPARTMENTIADI~NISTP,.ATION 1, 1997 through.MSY '~4t.~, "' ~_,'~'_:--.~ ~ ~ for FY97wRh Governing Board Meeting June 12, 1997 Page 5 24. Authorize entering into a Cooperative Agreement with the Florida Department o! Environmental Protection (DEP) to provide precise benchmark elevations to water level gauging stations and to establ~ precise benchmark elevations along the perimeter of the Water Conservation Area 2A. AdditionallY, to establish third order vertical and first order horizontal pos'[tions on seven remote points within Water Conservation Area 2, in the amount of $72,111, of which $27,338 is budgeted, and authorize a budget transfer from Lower East Coast ptanning Division to interagency Expenditures, State of Florida, in the same amount.-(Contract Number C-8324) 25. Authorize entering into a cooperative agreement with Collier County for replacement of the Palm River Boulevard Bridge and the Lakeland Avenue Bridge on the Cocohatchee Canal in Naples, Florida, in the amount of $350,000, which is in a designated Reserves Account, and authorize a budget transfer from Big Cypress Basin Reserves to Construction and I.and Management Department, Engineering and project Management Division, Cocohatches Bridge Repb. cement. (Contract Number C.6028) 26. Authorize amending a continuing contract with Weldener Surveying and Mapping P.A. for professional suweying services to increase the total contract amount to $400,000 and authorize a budget transfer in the amount of $200,000 from the Project Construction Division, professional Services Fees (CCNA), Construction Project (ECP00)to the Survey & Mapping Division, Mapping/Surveying Services. (Contract Number C-E010, A2) · ann into a contract with Omega Contracting, Inc., the lowest, 27. Authorize ant ' g ........... .-,.-.-~,,, of ,n~roxJrnately 7,420 linear responsive and m~il3!,e bKlaer, ~_r_u~.~ ~,~'~-g~.n~ Savona Road, in the feet of canal bani( along the C-24 ~.,~u~u, amount of $187,153, for which funds are budgeted. (Contract Number C-8010) 28. Re-authorize entering into a revenue contract with Mariner Properties Development, Inc., to establish the Corkscrew Mitigation Bank in order to permit the project, restore the land, recover land acquisition costs, staff costs and .g~nerate revenue stream for fixture projects. (Contract'Number C-8302) OPERATIONS AND MAINTENANCE DEPARTMENT 29. Authorize entering into a contract with Triple C, Inc., for right-of-way mowing sewices in the Fort Lauderdaie sewice area, for a three-year period, in an amount not to exceed $162,010, of which $10,894 is budgeted in FY97 and the remaining funds are subject:to Governing Boa~ ._si?P. rovaI of the FY98 through FYO0 budgets ($151,116). (Contract Number C-85~ June 12, 1997 Page 6 Authorize-amending a contract with Helicopter Applicators, Ino. for aerial ~o...,~,~.~ ~ ~.._?.~..~,~_~,:~'~ o, ~,ooo,o, .v~ich funds are t)udgeted. ~,.~ ....... 1 · ECOSYSl'E.M REStORAtION DEPARTMENT . · _ ___..__ - ~ order cx)ntm~ retroac~mlY extend the ~.,, ,..ct ., (Contract Number C-5262-A3) _. ,__,~! aw-~ aumm~ bud~ design . ...., ,,,, ..4~.~i~~..nd ... ..__,~ · the amour~ ..... ,._..~,,,n,~ and Land Manl~ .u?~?.,~.,,., 16G 1 i June 12, 1997 Page 7 REGULATION DEP~ .with recent legmmaon nno ~u'~"~" "- ..... nn ,-, "glitches" and editorial omissions in .the Environmental Resource Permlt rules. (Docket Number 97-6) End of Morning Corment Agenda PUBUC COMMENT (Max be moved to fo;ow Pubr, c Oppormn~y for member~ of ~ pubac to ~ maU~r~ of/ntenm' wh~ am not on PLANNING DEP~ 37. ApFove th. Final Draft of the Lake Okeechobee SW. IM P_l~n Barry Rosen, Senior ~ Sc~tL~, Upper ~-asr c~~,,,,~ Planning DMsion, Planning DeparYnent (15 minutes) C~NSTRUCTION AND'LAND MANAGEMENT DEPARTMENT Florida for Brown. Farm containing 4,..676 Improvement Trust FtnXl m me o~,, u, Beach ~, Everglades C~stmc'ao~ acres, mom or less, located in Palm ...... ~ -;'5,9_1 :._',._ .r-.,,,,~',.a -.n,'l remova] ~ ~e asset reoon~, * re.ich ~ an= ~.~ u~','"" -" -'-' --- the original land aequbaim, and ~ a r~°lutim t° the Departme~ °f u ng k,nd acqu r, procedure . ............. _, ~ F. Malone, D/rector- 166 Page 8 41. Consider acqutsltion of SOR lands. End of Public Hearing PUBUC cOMMENT BOARD COMMENT o~.for Bored membe~ to d-mcu~ matter~ of interest which ~m r~ m the agenda' i~a,e ~ ~){;3tom~ ~,..,-,, .... ' ' .~. .. 4~ OMBUDSMAN'S REPORT Richard E. WlBarns, Dr~tr'~'t Ombudsman June 12, 1997 Page 9 46. Authorize entedng into a contract with Fsirbanks Morse Engine Division for the slx. cvIlnder, blower-driven engines for _ . ~~,~ ~, k,,,4,~nd In FY97, and an amount not to exceed $3,000,000 C03 the mrnainder is subject to Governing Bored approval of ~e FY98 budget. [E (Contract Number C-E211) Jennifer Jorge, Deputy Director, Everglades ~ Project (5 min.) FORT MYERS SERVICE CENTER 47. Imperial River Southern Lee County Watershed Update Chip Merriam, Director, Fort A~/ers Serv~e Center MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION (30 min.) proposed rules concerting Public Position. (Docket Nund:mr 97-5) She04 Wood, Senior ~, ofr~ of C_,ouns~ OPERATIONS AND MAINTENANCE DEPARTMENT Protection (DEP) in an amount ~ ~ ~ v,.~/,-:-_5 ,_....__ n,..~.~.~ ~r',,~,h.m~ reimbun~aft~mt for aquatic plant management pertormeo w ""~ '-'~"'"" ~ ..... Number C,-8569-A2) PLANNING DEPARTMENT so. - - be ..... wh~r~ may gn~. ..... "-, -.-..: lamls ~ mmplelbn of Ihs County. Frank Duke, Senior Supen4dng planner, Planning DeparYnent DEPARTMENT OF WATER RESOURCES EVALUATION Con~ideraflon of modif',:stton~ or Re~:~=~on of W.?.r _Sh~xtage ~..,__ Leslie Weddetbum, Director, Depariment or Water pamources t:va~uau~ · ' 51. June 12, 1997 Page 10 REPORT FROM THE EXECUTWE DIRECTOR 52. Distribution of Pmliminmy Budget Joseph Moore, Director, Budget and Procurement 53. Water Management Highlights Samuel E. Poole III, Executive Director 4e Governing Board Foliow-up Items Samuel E. Poole !!!, Executive Director 55. Update on Everglades Utigaflon Barbara Markham, Genera! Counsel End of Morning Di~cus~ion Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.M. B. C.o D. F. G. 56. Consideration of Consent Agenda for Govemk~ Board approval which includes Construction and ~ I~n~gement Items: · Right of Way Occupancy Permit Ap~ Right of Way ;. -cupancy Permlt Modifications Right of Way 1-, · -.u[:).ancy Waivers of District Criteria June 12,1997 Pi~e 11 57. Consideration of Consent Agenda for Governing Board approval which indudea Regulatory Items: ' Water Use Permit ApplicMions 0nclud'ing Conservation Surface Water Management Permit Applications ~) . Environmental Resource Permit Applicatlon~ 0nduding Conservation LOK SWIM Works of the District i-,ermA ~- Surfa~ warm' Management Permit Extenslor~ Water LI~ Variance Denlab Amended petltiorm for Adm~ Heating Quit Cla~ Deed~ LOK SWIM Work~ of the District Permits End of Am,moon'Con~ent Agend. DISCUSSION OF ITEMS PUB. ED FROM AFTERNOON CONSENT AGENDA REGULATION DEPAR11JENT Dep rt Robb/na, D/~ Natund Resour~ea Management Regu/at/on Depatgment . I ,lune 12,1997 Page 12 RECOMMENDED ORDER 5,. Conmkler~tlon of_the Admin .i~.,_,.l'~.u,auge~'m,~~mD'i~-.~mr~d~nd'mn Trail Water c;43~r~ ~,,,,, ........ Tom Wolfe, Deputy General Counsel, for U~e Governing Board ,John J. Furnero, Assistant General Counsel, fer District Staff End of Afternoon ~genc~ ADJOURNMEHT Statu~ Reports 1. Report oct ~ Wa]veto authorized pumuant to the Distrk~s procurement and Contracting policy. I MINUTES OF A REGUI~R MEETING OF THE GOVERNING BOARD OF TH~ SOUTH FLORIDA WATER B~.NAGI~M~NT DISTRICT HELD AT OFFICES OF TH~ DISTRICT, 3301 GUN CLUB ROAD, WEST PALM BEACH FLORIDA THURSDAY, MAY 15, 1997 8:30 A.~L The following Bonrd Members w~re p_r~s~nt Frank W'dliamson, Jr., Chaim~an Richa~ Machck William Hammond Miriam Singer William Graham Vcra Cater Milzhell Bcrgcr Michael Minton S~tnu~l F_,. Pool~, m, Se. cmtnry CALL TO ORDER Chairman W'flliamson called the me, ting to order at 8:30 a.m., followcd by the pledge of allegiance to the Flag of the United States of America, and the SFWMD Aquatone. s performing "Colors of the W'md". Presentation: Ivh. Singer, Chairwoman, Human Re..source. s Committee, recognized April's Employee of ~ Month: M& Marcy ~ CoIl.~rt~on and Land Managengat Depmmeat and Mr. Andrew Ross, Office of Counsel · · Ms. Sin~r also recogftized th~ District's Fust Graduates of th~ Volunteer Ambassador Program under the I-rtspanic Ouur. ach Contract, Service Awards: Mi'. Poole and Board members presented the District's i.q-Year Service Award to Mr. Fred Davis, Con.m-a~on and Land Management l)~panment · Mr. Pool~ -nd Botrd n~nbers pre~nt~l t~ District's 25-Year get'vice Award to Mr. V'mce Katilius, ~on and Land Manag~n~nt D~partment Motion by Ms. ~ to approve the IVflnutes of ~he Governing Board Workshop of April 9, 1997 and the Governlnz Board Regular Meetin~ of April I0, 1997.as revised. Motion approved. MORNXNG AGENDA APPROVAL hand~ out as tl~ rt~tscd agenda. B.' Abstentions Mr. Bergcr abstained on ilcms 42 and 45. GOYERNING BOARD MEETING SCHEDUI~ 1. Consider Schedule for Ulx:mnfnz Meetin~ 2. ConsM~ Tmt~v~ ~ fro* June Workshop. 14, 1997 and~ th~ LflnUt~ of th~ Au~ ~ ]~zMng of Apr~ 9, 1997 ts 1 199'7 1. R~omzn~&~d authortntion for tho donation and su~t mmmrtl frozn th~ District's asset recorch of over I~0 items of surplus computer equipment. Donsiions win be made to public schools and non-profit organizations that have educ~on as their basic mission through a lottery. Motion by ~ Singer to au~orize the donation and subsequent removal from the Dlstr4ct's asset recor~ls of over 800 item~ of surplus compa~pment. Motion npproved. 2. P,~:~zm~-nded approval of th~ r~vlsions to th~ Fixc, d Asset Policy Motion by Ms. Stnger ~o nl~'ove re, ions to the Fixed Asmt Policy. Motion approved. m~on with ~11 H~lico~r Te~n for additioml leued l~licopu~ Motion by Mr. Graham to an41~4ze a sole sour~ eontract wilh ~ ~ Textron, Inc., for · r~ncensn~ hdle~ter in an amount not to exemd $~0, ot which · as ~ ~ US AUcrm tnsunn~ Omu~ ~ other ~) fro- insurance ddm munlm' ~ fm ~ ~~ dh ~s the n~ne d the Dhta'let e° mdt rmmtrY d Ihe full daim ~ imm m me ~ 16G approval of an accounting rarv~y of Florida Acquk~tur~, Inca Disuict Le.~ee. Motiont/~ Ms. Carter to approve two follow-up relmr~ of amllt~ on ~e implemoniaflon 1994, and to approve an nccountin~ survey of Florida Aequicultore, Ira: m District Lessee. Motion approved. E~ Forcvcr A~ Audit Report prepared by ~ $~l~'s Office of Program Policy Analysis and Oovcmm~1,6,~:mnt~iiy (OPPAOA) sins w~ wcr~ also pres~lrd with an updale on actions ~ ~o rc~olve problems' .wi~h g~e Vega Tree Farm conlrac~ MORNING CONSENT AGENDA May 15, 1997 F~e4 Pun items for dtscmsio~ Chirman W'~ pulled items ~, 16, 17, ~3, 25, 26, and ~/. B. Motion to Approve fhe Consent Agenda except r~ frans puned for discussion. Motion by Mr. Berger to approve b Coment Agenda ss revbed. MoiJon ~ The follo~tns ltem~ were approved at part of tt~ Mornt~ Comen$ A~m~a, ~ for ~ .5, 16, 17, 25, 25, ~6; and 27, whl& we~e'gulled. FORT MYEI~ SERVICE CEN'II!:R 4. Anihorlze ent~h~ ~ a ~ ~ for $1RI0,000 with ~ Lee Co~ B°srd MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION i I 7. Authorize dz silo of & damaged v~hicl~ and ~ for salvage vslue and subs~lu~nt g. Authorlz~ th~ sa~ of su~lus n~ct~av~ md~o e~l~pm~ and su~t removal from th~ a.s~t record. MIAMI-DADE REGIONAL SERVICE CENTER Authorize entering into a cooperative ~.g;re~-m~t subject to Florida Departmeat of Envitonmenlxl Protex:fion approval of ~ project znd funds, with tl~ University of }~xami to tontine idemt~fy~ng factors contrilmfing to th~ d~zlo_ .~.. of t~ causes of abnormaliti~ in Biscayne Bay fish in dz amount of $g2,000 of which $60,000 is the Leoltl, mm ofth~ ~tat~ ot Florida m mo ~-~, W. mni-Dade Regional S~rvice C~nt~'. (Comract Nmnber C-~31) 11. Approw s~aff t~mnnmdafit~ for ~ of ~ canal, nttnex~ and r°ad ~ te, le, a~ of T.LLT. F. canal re~xvatima and ixmanc~ °f ncn'm~ A, ~m-~-,-~ .... 'T/ .......... '"- "'-~ ffsmtsmi Canal) dtht of wsy and is io~ in $eciion 2, Towng~ 54 South, Ran~ 39 l~t' Tm~ 31100'032' 13. benefits made by John J. and Nancy A. Leadinzham under tl~ Uniform Rdocation ~ and Re31Prope~ Acquisition Polki~ for Federal and Federally Assisted Programs Act (also known &s "Public Law 91-6469, Cesium Rivea' Rexuwafion IMyject, Tract KR 103-210. ~6 14. Approve tl~ Tcrminagon of ~ va.m. ~,,,,,, 934, East Coast Buffer Ssve Our A~reem~t for Sale and Pm~has~ of Trnct No. ~ I$. ECOSYSTE~ RESTORATION DEPARTMENT Mw/15, 1997 Authort~e ~ into a coope~a~v~ agr~nmmt with ~be Univ~ty of Florida to deu~rming biogeocbemlcal indicato~ of nutrient impacts and load rcAoc6ons, and r~n~ind~' ts mbject to Oovm~$ Botrd approv~ of d~ FY~ (S30,0(X0 tmdg~'"t; snd authort~ budget s~bstit~ions in tl~ to~ .mo. nt of S60_,~. (Contract Nmnber C- E8621) Authorize ' ' ' ' OPERATIONS & MAINtenaNCE DEPARTMENT ~. Authot~ mending a Coopent~ ~ with tt~ City of Miami Sprinss for tree r~moval and mvegcts~ion of a portion of the C-6 Canal right-of-way, for on~ additional year, in an mount not to ~ $100,000 for which funds ar~ budgclgd. (Contract Numbcr C-6576-AI) 29. Authorize l~tmactivcly an~ndin~ · contract with Syncnlcn Assoch~ Inc. for contract cost. (Contract Number C-6593-A3) ~:ATER ~URCES EVALUATION DI~~ 31. Au~tun'~ · putcha~ ~ with Amn'ican StSma CorVomim for etsht snmms~ 16G 15. 199'1 DISC~O~ O~ A~' rrnvts Pt~,~ t~to~ MO~'tt~ consort A~NDA i~em could hive a chilling cffcct on vohmtca~ who serve on Motion approved. 16G 1 May 15, 199/ 1% AuthorL~ a rt4rmictWe Chnnge O~? for · ~ with DiTotto Can~ Authot4ze mmmdi~ a and WCA-2A Hydrolml~n ~mm'nuun -, associated wi~h STA-2 "'~ .... - .... '""-.1 "-J ~CJk-2A Hvdrom~ ir.~smrauon ~u~ ~ ~ ...... ,_~ ~ t~A. ~ N m.~f~ Fm (~) ' ~ ~ t~ ,~-~ ~1-~. Mo~ ~~ - Bo~ ~M ~ m ~r i~ ~, ~, ~ ~ ~c for ~-~ ~ ~ h ~e W~ ~ ~ ~ ~ ~ 16G Oovcr~s lk~'d l~'subr ~ ~ 15. 1997 1~ 10 Schwcigafl, Director, Opcr&tions and Mainlgmncc Dcpaflmcnt, said such difl'cmnc~s sr~ not Ms. Singer asked that stair look at ways to incrcas~ minority participation in District Motion'by l%xLr. Graham to: t. of. wa mowinz servlc~ tn me ~ecc. e ftll fmJ0~llt · 1~ · :~o LLuuui;ss '"" remalnl~ funds nrc subject to Governln~ Board approvm or m b~ ($274,055). (Contract Nmnber C-8S60) OFFICE OF CO~ * ~vm Authorize · settkmmt ~t or an eminent donudn action tnvolyin~ Strip 16G li l?th Circuit Court for ~ Authorize a settlement a~eement of an Inverse condenmstlon counterclaim for an endnent domain action lnvolvtn~ approximately 136.44 acres of land within the East · Coast Buffer Strip ded~ boundaries styted South rlorlds Water Mama, merit _l~i~i,.-i v. Hort A. So~r smd W!P_. trim Modahl, tn the 17th Circuit Court for Bxvward Co..ti. (C.~ Number CL ~.O01SlO (1~)). Motion approve~ CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 34. Approve an Option to Pm-chase and r, ease of n parcel of land, iocsted in the Kisdmmee River Project of this illin. approved. MtylS, 1997 Pag~12 I 16G to ~e Depar~nent o( ~tal Protection requesttn~ r~4m_ hursement for this ocqutsition nnd sdsociated costs. Motion nppFoved. Dade Co. ntT, Modd Lands lbsfn Project and C.111'Noflh Pro~ect presenmion is inclu6ed in the officia] record of this meeting. Polk C(mn~, KIMmmee Chatn of Ldkes Project prcscnt~ou is inclu~ ~n dm offi~ mc~d of th~ tn~iuL --~,--don to the Department of EnvJx~nnenm ~ , 16G May 15, 199/ PMe 14 End of Public Hearing PUBLIC COMMENT )vlz'. C]zmd~ Brooks, Upper I[~/s ~.)~ Associagon, said his orgsnizatlon is oppo~ m ~ pmpmed wid~nin~ of o~. Hishway I tn t~ upp~' K~,"~al th~ propo~ first of way permit betn~ sought from th~ District for that project. and as~ that staff prc~ a press rc~ dctai]i~ ~ Board's co~t on this issue. consldcrs item 58, wl~ch atso ad~ *~qssuc. '" ~,roleln itl llli~ioIL Chaiunan~aSreed. ~. B~m'd Membem ao. reed m com'Mer Item $ of ~ May 14 Wtn'lrda~ at ~ ~ae. ~ Pe,..='t and dlalm~ r~o[~ in'oems In U~ted States of America et al. · ~U~ l~a4~ Water ~t Dtstrkt et ~ ! I 168 1 199'/ pan~s. Corps b2 Issue Its determination on permit modmcnuon modifications will leave the Dixtrict with a lx~nit that ts in confB~ with tb~ Everf~ Forever Act. Board Membem agreed to cornier item 53 at ~ time. BOARD COMMENT Ms. Car~ objected to Mr. Duncan's comment. SI~ said she is cor~millr, d to ~,,x~n! ~ood decisions based on information from sta~ and th~ public. PUBLIC COMMENT statements. I~ ~id th~ document ttsuexl by th~ uglity ~~ ~ ~ ~ ~ of ~fi~ ~ ~m~n ~ E~~ ~~ ~ ~ ~d ~ ~ a ~p~ pm~ f~ ~ ~'s ~ m ~ S~r T~nt ~ ~ 41. OMBtR}SMAN'S REPORT MORNING DL$CUSSION AGENDA OFFICE OF COUNSEL 42. Authorize mmintin~atVlm~z'mdmnot~wl~~~& · Lizht Company (F~iL) ressrdln~ use ot F~'&L's easement within OKEE(XIOBme SltatVIC~ ~ 16G 1 Mr. lohn I. Morgan, Ir., ~r, Oke~ho~ Scrvlcc Ccnter, presented information on this item- A copy of thc material used in his prcscntation is included in thc official record of this mcctinE. Motion by Mr. Minton to authorize entertn~ into s cooperative a~r~ement with the Florida Depariment of Corrections (FDOC) to provide inmate work crews for support of land stewardship and operations and maintenance activities st no cost to the District; advise the governing board of the purchase under separate purchase order of two used fif*___,~m passenger vans in an amount not to exceed $30,000 for which funds were transferred from the Okeechobee Basin contingency reserve st the March 13, 1997 Governing Board mee~ and authorize entlerin~ into ~atuitons bailment agreements with the Okeechobee Correction Facility to provide District vehicles, tools, and surplus equipment for use by inmate work crews on District projects. (Contract Number C- 8826). Motion approved. CONSTRUCTION Al'fl) LAND MANAGEbIENT DEPARTMENT 44. Approve staff recommendation for dentnl of release of n Corps Spoil ~t. and denial of staff to enter Into an a~reement to terminate a d__e~_ restrktion ot Government Lot 2, looted alon~ the C-43 (Caloosnhatchee River) Mr. William F. Malonc, Director, Construction & Land Managcmcnt Dcparuncnt, .printed information on this item. A copy of thc material used in his prcscntation is included in thc official rccord of this mccting. Mr. Lewis White, · former owner of the property, said he sold the property to thc current owncr, and was under thc im~__-~'_'on that thc only problem was access to thc Mr. Malone said thc fittc commitment on tlz propcrty indicates th~ existence of · Dr. I-LN. I..tz3r, thc current owner of the propcny, said tlz deed rcsuiction was not spc~zd in the title insm'mcc documcnt, lie said Glades County official trove informed by lcucr that hc could bm'Id on thc Mr. Hammond agrc~! with sta~s rccommcndafion for denial. Ho said thcrc is th~ po.tc~tial for rccrcational usc of ~ propcrty, and thc propcrty could also bc uscd for water storage. ! 6G lq Respon~g to a question from Ms. Singer, Mr. Dan Cary, Director. Planning Department, said the District m~. know whhln two yea~ wheth~ the land win be needed for Motion approved. ECOSYSTln~! ~RATION DEPARTMENT Autborlm ananKtinf a enntruct with Metcalf & Eddy, Inc., for profesdonal Dr. Nichohs A~men, ~ Progmn Direaor, ~ ~on, pre~nted informaion on this iron. A oopy of tho ma~ri/d u.~ ia bls ~on is included in tho official ri:cord of this mmtin~ 16G 1 PLANNING DEPARTMENT tnformstion on this item. A copy of tb~ ~ uscd m ms im~m~ao~ u official record of tl~;.~ tn~thxg. ~d ~ ~ ~d ~ ~ ~ ~' ~ ~d ~ ~ ~ a ~I ~t it given · conservation designation. H~ noted that a Conservsfion deslgnntion would not n~clnd some lanc::; r..~ opposing Ms. lull: 5::~:?.ig-Schrader, Auormey, ~ of Counsel, sug~,${~ that the Bom'd ~ staff · .; .... :h~ effect this ~'tion would hiv~ on ll~ d~v~lolmi~t fiShta tmdm'.th~ cxiating plat of ~c property. ~,:~. C~,~r asked that th~ Board stipulat~ tN tcvclolm~nt fights tm&u' th~ existing p~ will no~ C-: voideA by t~ a~tiou, ~l tim t~ lx~bi~ r~-mi$ of tt~ par~l f~ (~,~lopmcnt will Ns I~.oan~(~$r,d. Board M(mabcr$ al~I. Motion ~7proved- Due to tim~ constraints, Mr. Char~ Lee, FlOrida Audubon Sociery, ar~ed to fl)eat on item 46. Chairman W~llian~on agreed. Authoriz~ (=q. mal(m of b~rA-1g lo Im:orpor~t~ ~ arm ~ of north of the currently proposed STA-1E norfl2~ boumlar/(~)rm:im~y 725 w~lrr treatment will _~- pl~e in b~I'A I-B from mien $imthr t~x to Frc~&~ s f~' ~ l)~/mem for the clean up. He uid the ~ ~ould look Board Members agn:cA to cousM~ i2un 50 ~t tl~ time. ~orth of lt~e curre~flty pr~ b~TA-1E ~ l)oumlm~ Tr 168 Motion by Mr. Graham to smthorfze ~ to~dvise Broward County of the District's partial concurrence in Broward County inl~tated proposals to ctmnge the rand use d~gnations of l)istrtc~wned property to "Co--on', ag~Rng to the designation of some lands and opposing the designation of other District-owned parce~ Ms. Julic I~ndig-Schra~r, Atwm~y, Offic~ of Couns~l, sugge.~d that the Boa~! direct staff to iavcstigatc thc effect tiffs action would have on thc dcvclopn~t fights under.thc existing plat of the property. Ms. Casa' ~ that the Board stipulat~ th~ /¢wlopm~nt rights under the existing plat will not be voided by this ~ioa, ~d that the possible re-~ti~ of the parcel for d~v¢lopm~nt will be r~-considered. Boanl Members ~gre, ed. Motion approved. Due to time constraints, Mr. Charles Lee, FlOrida Audubon Society, asked to ~peak on item 46. Chairman Williamson agreed. Authorize expansion of STA-1E to incorporate tlmt area sou. th of Canal 51 and north of the currently proposed STA-~E northern boundary (approximately 725 lvir. Lee uid hi~ orz~iz~oo ~ proce~i~! with ~ cxpa~on of Stormw~er Tre~mcnt Ama (STA) 1. He ~ it/s important w not~ flint · sig~i6~ant amount of sWnn wau:r treatment will ~,'- phce in STA 1-E from urban a~v~s in we.~m p.lm ~ County. similar ~ax to pwvide a hit dm-e l~]ment for ~e cl~ up. He said the Disuict ~hould look Board Members agreed w con~de~ item ~d) at this thn~ north of the currently proposed STA-1E northern boundary (approxtmat~y ~ T? 1 Govcrr~ng Board p.~gular M~.~Z May 15, 199~ P~gc 11 ~. lc~cr ~o~c, ~puW ~r, Evcrg~ Co--On ~J~ o~ ~rd of ~ m~g- Moron by ~. S~er m ~o~ ~on of ~A-1E m tn~~ ~t ~ ~ of ~ 51 ~d no~ of ~ ~flY P~ STA-1E no~e~ (spp~ly 7~ ~). Motion spp~v~ ' -- WA~R ~0~ ~UA~ON ~ ~d~fion of ~fl~ w ~e Wa~ ~o~ ~o~ ~o~agon on ~ imm. ~ ~d s~ ~ not ~u~ ~ public on ~ ~ for ~n~g ~r ~g~ ~o~ ~ ~t ~ ~RT FROM ~ ~ D~OR 49. Legislative Update Ms. Yvomm Gstt..ig~r, Gove, muum~ l~ta~iv¢, Office of Govcmmcnt& Public Affai~, pre~rntexl information on l~gialation concerning wat~-~ ~ A copy of th~ martial used in l~r prc.~auaion is i~lud~ in th~ official r~cord of this m~_'n~. Affairs. pr~.~n~.a m~ormaUon on gn~ ms. rial used in h~r pr~nmion is included in ~ ~ rmord of this minting. si. Governh~ Bo~d Fo~owmp Irons Mr. Pools said this infonnalion was ~tcd to Board M~mlmrs as part of ~h8 imck- up materials for this m~ting. End of Morn~ Discusdon Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.1V~ 16G 1~' RIGI:IT OF WAY OCCUPANCY I.D. Hut.son (page 5, paragraph 5): Added BellSouth (page 5, paragraph '6): Added PERMIT APPLICATIONS Watm' Us~ Reedy Cre~ Improvement ~ (page 11, p,g-agmph 3): Adckmdum to change limiting conditions 8 and 30, approval subject w no objections .'1o~ Surface W~ter Management Ft. Lauderdale-HoXlywood Airport NE Comer (pag~ 1. paragraph 3): Postponed to ~u~ 12 Board Palm t~ Community College t~issey Campus (page 14, paragraph 6): Approval subject to no objections by lOy ~-1 Primary Ixamiag C~ntc, r Siz N (page 4, paragr'~:,h 3): Approval subject to no objectious by May 29 Hunfin_t,~on W~Xk (p~,e 14, paragraph 5): Posttxmed to June 12 Board Reg,1 C. ea~ ~ ~, p,~p,~b s): xppro~ su~ct to ~ obje~io~. ~y wy 21 Wellington C. om_moms (AKa. 7-'orr. st I-rill Mall) (3rage 23, paragraph 1): Added U.S. Postal Scrvic~ West Branch Delray Beach (page 23, paragraph 2): Added 168 Abstentions Mr. Minton absta/ncd on all items involving Lcnnar Ho,:n~ Pull Items for Di~ms~lon Ms. Bat~ pulled from item 55, an Eavironmcntal RCS°urcc pcrmit application (page 15; paragraph 9). and a f'mal ordcr (page 23, paragraph 1) for Wellington Commons (AKA Forcst Hill MalL. D. Motion to Appro~ ~ Comet Ag~d~ except for ite_m~ pulled for dizcu~on Motion by M~. Singer to approve tl~ AIternoon Coment ~ ~'l~t for i~ .~ ~n Environn~nU~ Resoarc~ ~rmit app~lc~ t,p~e 15, ~ 9), ~ a g~! ~er (l~e 23, par~r~h 1) for wemngnn Commo~ ~ For~t ~ ~..n_ (p~.e iS, p~r~gr~ph 9). Motion appro~ The fol~g ~ms were approv~ ca part of the Af~'n~n Con~ent A~enda. Consida'afion of Conse~ ~ for Oovg~_!n~ Board spprovg which i~clud~ Right of W~y {Xcupancy Pr. milt Application: Right of W~y Occupancy Pc.nafit Modification$ Right of Way ~ Permit Applications for Approval Under IAmirxl lv~ Baw,~ r~mu~n~ thu the Board sppro~ the pe, anit, deny the petition filed by M~ Purdue, and giv~ her 14 days to amend and rr,-file. She said i~ the amended petition i~ received, th~ permit applicant would be prohibi~d from furd~ consu'u~on unlil g~e case is 16G i Go,,~ning Board R~gu~r Mz¥ 1~. 1997 Motion by Ms. Singer to approve an Environmentnl Resource permit application (page 15, paragraph 9) for Wellington Commons (AKA Fore~ Hill Mall). Motion approved. Motion by Ms. Singer to approve a final order ~ with 14 days leave to nmend the petition filed by Ms. Norton Purdue for Wellington Commons (AKA Forest Hill Mall) (page 23, paragraph 1). Motion approved. _ REGULATION DEPARTMENT 56. Homestead R onal Ai rt A. Consider approval of the Memorandum of Understanding Between the South F~odda Water Management District and Metro-D~le County Concerning Homestead Regional Airport. Mr. John $. Fumcro, Az~ztnnt C~nera~ Counsel, Regulatory & Plnnnlng Scctio~ Office of Counsel, pre. zcntcd information on this item. A cop), of the material ~ in his prc.~ntation is included in the official record of tl~ m~cting. B. Briefing on Diztrtct participation in D~le County Comprehensive Phm Amendn~nts relative to Homestesd Air Force Base. Ms. ~'uli¢ I~ndig-Schnt~r, Attorney, Regulatory & pln-nlng Section, Office of Coun~l, presented information on tl~ an~ndmcnt procezs. A copy of the material used in her presentation is includvd in thc official r~cord of this mceting. C. Comider a request by l)ade County for the issuance of nn Environmental Re~mrc~ Permit for Homeste~ Regional Airport Ms. Tcrri¢ Ba~s, Director, Regul~ion ~t, ~t~i information on.tl~ record of this mccting. this permit, and st~Ts rr, co~mcndation is to ~,~;~t th~ petitio~ m~d forward to th~ Division of Administrative I-I~rings (DOAH). Ms. Bat~ ~id ti~ Board could rcqucst that DOAH cxpcdit~ thc case. The following cili. zen~ di~ not ~'peak. on thiz i.~ue, but a~M ~nat their name$ be entered into the public record in ~pport of the permit for Home~tead Air Re~erve Boze. Govcruing Board Regular MeoOag Ma)' 15, 1997 Page 26 Mr. Miguel A. Pemz, South Dad~ News I.~ader. Ms. Klm Sovia, Gr~tt:r Homestead/Florida City Chamber of Commerce. Ms. Etita Crow, a Home.stead realtor. Mr. Fouad Harem, a Homestead busine, s~ owner. Ms. Connie Thr~h~r, Home.ad Chamber of Commerce. Ms. Barbara Dodson, Priac~to~Naranja Commuaity Couacil. Mr. Sidney Dodson, Priaceton/Naranja Community Council. Mi'. limmi~ Martincz, a Homcs~ad resident. Mr. Frank E. Miller, El, Ead)rtown Nursery and Gifts ',ac. Mr. David Pcyton, Home.stead Chamber of Commerce. Mr. Thomas A. Wellcr, a Homestead resident. Mx. Mark Riff, a Florida City resident. Ms. Sandra Lyna, a Home. sw. ad resident. Mr. Bill Losncr, a Homcstcad rcsidcnt. Mr. St~v¢ Bataman, Vic. c-Mayor, City of Homcste. ad. Ms. Katrina Ennis, Homcste. ad Gas Cqmpany. The following citizens did not speak on this issue, but asked that their namts be entered into the public record in support of the petition for a formal administrative hearing. M. Barbara Langc, Friends of thc Everglades Mr. Jim McMas~n, Friends of thc Everglades. · Florida Senator Daryl L. Jones, District 40, urgcd tl~ Board to tak~ a straw vot~ on approval of thc permit. He said tl~ rrAcvclopmeat of Homr..snr.,ad Air P,e,~rv¢ Bas~ is vital to thc survival of South Dado County, and such an action would show tl~ Board's support. Mr. J.W. DcMilly, Mayor, City of Ho~ said tl~ rr, dcvclopmcnt of thc base needs to movc forward as quickly as possible. H~ askexl that tl~ Board approve thc MOU and t?¥~. a straw vot~ on approval of tt~ permit. Mayor DcMilly said if th~ case is sent to Mr. Bo Boulcagcr, Home, ar. ad/Florida City Chamber of ~ $trc_~_t~e_-d thc importance of ttx: baac to tl~ local economy and askr. d that thc Board *_;¥'- a straw yom on th~ permit. Mr. St~,,'c Shiver, City of Homr. ste. ad and Hom~tead/Florida City Chamber of Commerce, said thc rcdcwlopmcnt of thc base is vital for th~ survival of Homed. I ! 16G 1 Iris. Iulic IL Ron~ro, Homc~d/~orida City Cham~r of Commcrc~, said th~ Homcs~d arua is in nc~d of ~conomic d~vclopmcnt in tlz wak~ of Hurrican~ Andruw and the air bas~ is th~ only e. zonoufic cn~iue in the conununity. She urged the Board to ~ a straw vot~ on thc permit ~pplica~on. Mr. I~onard S. Anthony, Princeton/Naranja Lakes Community Council, said thc Homcsccad community w/Il not survive without the rcd~vclopmc~t of tl~ basc,. He mk~.,d that th~ Board vot~ today to approve the l~rmit application. Mr. Mik~ Richardson, a Homestead r=sidcnt, said the South Dad~ economy is in dcclin~ and th~ rcdcv¢lopmcnt of tl~ ~dr base is ~ for th~ community to survive. He asked that th~ Board takc a straw vote on the l~rmit. Mr. Paul Schw~ip, Friends of tlz Everglades, said thc l~tition to s~nd th~ cas~ to DOAH raiscs ~crious issues. I-Is aaid ~ff h~ dctcrmine, d thai thc petition complics with state and District rule. Mr. Schwcip ~aid ~ Board cannot thcrdorc go forvaud with thc rcclucst to approve thc permit. I-Ic said a ~'tr~w vote on thc pcrmit would violate s-ta~ statutes. Ms. Jo~ttc Lotion, Friends of thc Evcrgladcs, ~aid mor~ information on th8 environmental impact of thc base rt. dcvclopmcnt is nccdcd before an MOU is issucch Mr. Alan Fat'ago, F, ricnds of th8 Everglades, said thc Board should not agree to ~k~. ~ straw vot~ on thc l~rmit. Mr. Gcnc Duncan, r~pr~.~nting thc Miccosukcc Tribc of Indians of Florida, said m~jor cnv~ronmcntal problems hav~ not bcsn ~ddreast. d by thc permit. Mr. Tom Kirby, Dadc County F~um Bureau, raid thc South Dad8 cconomy ncc& thc air base to survive. Hc raid cnvironmcnt~l concerns can bc rc~ol~ whil8 tr~-v~lopmcnt is underway. Mr. Kirby askcd that the Board accept thc MOU m~d mow th8 permit ~ forw~d as cxpe, ditiously a~ possibl~. · Motion by Mr, Gr~dmm to ~.pprove the Memorandum of U~ Between the South Florida W~er ~t lYa~rlct and Metro-D~e Camnty Concerntn~ I-Iomestamd Regional Airport Motion ~proved. Ms. Carter ~nd Mr. H~rnmond objcctcd to thc Board taking ~ ~cn~w vot~ on this issuc. M~tion by M~ Sln~er to m~ept the petition for fornml ~lminl~'aflve hem-ln~ and tranmat the cme to the Dlvl~on of Admtnlm~ve ltearin~ (DOAH), md to requ~ tlmt DOAH expedite the hearing, Motion approved. May 15, 1997 Page ~ Board Me.ers agreed w co~Mer item 58 ~ ~ ~. 58. Administragve IIearinz Consider matstandlng procedural motions / issues in Florida Bay Initiative, Inc.; The Florida Keys Fishing Guides Association, Michael Collins and Charles W. Causey; 1000 Friends of Florida, Inc.; and Florida Keys Citizens' Coalition v. Florida Deparh~lent of Transportation and South Florida Water Mmu~ement District and Monr~ County Ms. Barbara Markham, General Counsel, pre.~nted information on this item: She said attorneys for the interesmd parties haYe agreed not to object to fl~ Board's acceptance of exceptions and respo~ to those exceptions. Ms. Markham recommended that the board accept the exceptions filed by the Florida Keys Ci~ns A.ssoci~on, and the ~.sponse filed by the South Florida Water Management District s~df. Motion by Mr. Hammond to sccept, in Florida Bay Initiative, Inc.; The Florida Keys Ftsh~ Guides Association, Mich~ ~ sad Charles W. Cau~; 1000 Friends of Florida, Inc.; and Florida Keys Citizen' Coalition v. Florida Department of Transportation and South Florida Water Management Dis~t and Monroe County, the request for extension of time to file exceptions ~ed by the F~ ~rtda Keys Citizens Association ~nd the response filed by the South Florida Water Management District stidL Motion approved, o ChahlBall Willialll~ll ~ for ol-al ~--glllB~t ~ ~ ~o ~ public comments on wl~e~her the Board's consideration of the ~ order should ~,~ place in the project 1~ Dione Carroll, represen~g the Flodd~ Keys ~ Guk~ Assod~on, be limited to 20 minBt~.~ for each l:~ny. Ms. Can-oll said bo!~! fl~e he~ing in West palm B~ch will ~ ii ~t for ~e public W pargcipa~ the Board to hold the hearing in K~ Lsrgo. be held in ~on, ~ than Key Largo, if the Board decides to hold the hearing in Keys area. She said doing so will allow greaer participation by affec~ citizens. Mr. Dan Thompson, Florida I~par~m~t of Transport~on, wcomrn~ndexi that the hearing be held in Marathon, if it h held outs/de of West Palm B~ach. : 16G Governing Board p. ci~Lv Mcaing May' 15, 1997 Page 29 Mr. Charles Brooks, Upper Keys Citizens Association, urged the Board to hold the hearing in thc Keys. He said his organization would prefer that the hearing be held in I<cy Largo, but would agree to having thc hearing in Marathon. _ Ms. Singer, Mr. Hammond and Mr. Mzchck supported holding thc hearing in Key Largo. Ch~,nnan Williamson. Mr. Minton and Mr. Graham suptm~d holding thc hearing in West Palm Beach at DLstrict headquar~rs. Motion by Mr. Gr2aham to hold the hearing in West Palm Beach. Aye - Chairman Wimlismson, Mr. Minton, Mr. Graham. Nay; Ms. Singer, Mr. Machek, Mr. Hammond. Absent - Mr. Pettis, Nls. Carter, Mr. Berger. Motion fails for lack of a majority. Motion bi' Mr- Hanunond tn hold the hear~ in the Keys srea, ~nd allow 20 minat~ for presentations bi' sttornei"s representin~ e~h side, and to allow ,o public comment. Aye - IrKs. Singer, Mr. lViachelc, Mr. Hammond. Nay - Chalrnum William.son, Mr. Minton, Mr. Graham. Absent - Mr. Pettis, Ms. Carter, Mr. Berger. Motion fails for lack of a majority. M.otion bi' Mr. Hanvnond to hold the hearing in West Palm Beach st DistricI Headquarters, to allow 20 minutes for presentations bi' atiorneys representin~ each side, and to al{ow no public comment, and to broadcast the meetin~ to" location in the Florida Keys, if the ,,vailable tedmolo~ permits. Motion appro~,ed. Ai'e - Chairman Williamson, Mr- Hammond, Ms. Sin~er, Mr. Graham, lVir. Minton. Nai' - Mr. Absent - Mr. Petfis, Ms. Carter, Nh'. Berger. 5?. Environmental ReSqurc~ Permi{ - Cons~ler a request by Lennar ttomes, Inc. for the issuance of an. Environmental Resource Permit for Conceptnal Approval for Lennar Homes Section 19, Palm Bench County Ms. Tcrric Bat~ Dirr, ctor, P, cgul~tion Dcpartmcnt, s~id a petition ~ bccn filcd by Audubon Socicty of thc Bvcrgladcs and 'Fnc Sierra Club, Loxah~hcc Croup, for a formal administrative hearing and re. commcndcd that thc petition be acccptcd and thc ca.sc bc fo.rwardcd to thc Division of Administrative Hearing (DOAH). Motion by Ms. Singer to accept the petition and transmit the case to DOAtL Motion approved. Abstain - Mr. Minton. 1 16G lviay 15, s2. Everg~les Construction Project Update .Mr. lVlil~r Andruss, ~r, E~gl~ Co~ou ~ p~n~ ~o~a~on on ~ i~m. A ~py of ~ m~ ~ ~ ~ p~n~on ~ ~lu~ ~ ~ offi~ ~o~ of ~ ~. ~ ~o~ ~t w~ ~ ~ on ~ P~ H~ p~n~ · ~ sho~g ~ ~d b~g ~mony. ~. ~ D~, ~n~g ~ ~~ T~ of ~ of ~o~ ~m ~ut Sm~wa~ T~nt ~ (~A) 6. ~ ~d ~ ~ ~ ~t ~ ~ ~fion of ~ ~ ~. ~ ~d ~ ~ P~ ~~ ~ ~ w~ ~ ~ ~d p~ m g~ ~t ~ ~ pubhc. ~ ~d ~ ~ ~ ~ ~~ ~' ~'s ~en~, ~d ~mm~n~ ~m ~ ~bHc. End of Afternoon Agenda ADJOURNMENT The~ b,~ug at 6:15 p.m. ~ further busine~ to com~befor~ the Board, th~ me~ting was adjourned Osouth Florida Water Management District 166 GOVERNING BOARD MEETING Open to the Public AGENDA Governing Board.,Workshop Wednesday, May 14, 1997 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL CALL TO ORDER Note: Any item which appears on the Regular Meeting Agenda of Thursday, May 15, 1997, may be an item for discussion on this Workshop Agenda. Discussion of the Proposed Field Operations Center Albert Basulto, Deputy Director;, Construction - Construction and Land Management Department (45 minutes) 2. Overview of following four items: Dan Cary, Director, Planning Department (10 minutes) Ao Presentation of the Lower East Coast Water Supply Plan Draft John Mulliken, Plan Manager, Lower East Coast Planning Division, Planning Department (2 hours) Bo Presentation on Water Preserve Area Feasibilit7 Study Dawn Reid, Project Manager, Planning Department (1 hour) Co District Sponsorship of Critical Ecosystem Restoration Projects Joan Lawrence, Lead Ecosystem Restoration Representative, Ecosystem Restoration Department Paul Wamer, Lead Ecosystem Restoration Representative, Ecosystem Restoration Department (1 hour) D° Presentation on Revised Project Study Plan for the C&SF Comprehensive Review Study Tom Teets, Sr, Supervising P/anner, Lower East Coast Planning Division, P/anning Department Stuart Appe/baum, Chief, Ecosystem Restoration Section, United States Army Corps of Engineers (30 minutes) Governing Board Workshop May 14. 1997 Page 2 Review and Discussion of an Outline/Framework for Developing a "Scope of Services' for the District's Long-Term Civil Works Planning Process. Dan Ca/y, Director, Planning Department Joseph M. Moore, Director, Budget & Procurement Office Public Comment on litigation which is rE'be discussed in today's closed door attorney-client sessions including the District's request for modification of the 404 (Dredge & Fill) Permit and dispute resolution process in United States of America, et al. v South Flodda Water Manaqement District, et al. (These items may be deferred until after the Audit Commlttee meeting) Attorney-Client Session pursuant to Fla. Stat. section 286.011 (8) (1993) to discuss strategy related to litigation expenditures in South Florida Water Manaqement Distdct v. Miller, et al. Attomey-Client Session pursuant to Fla. Stat. section 286.011 (8) (1993) to discuss strategy related to litigation expenditures in ,,South Florida Water Manaqement District v. Soper, et al. Attomey-Client Session pursuant to Fla. Stat. section 286.011 (8) (1993) to discuss strategy related to litigation expenditures in United States of America, et al. v. South Flodda Water Manaqement District, et al. Ruth Clements, Senior Attomey, Office of Counsel (30 minutes) ADJOURNMENT A meeting of the Audit Committee is scheduled for 1:00 pm today. i6G 1 MINUTES OF A SPECIAL MEETING A1VD WORKSHOP OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT DISTRICT HEADQUARTERS, 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA WEDNESDAY, APRIL 9, 1997 9:00 A.M. Thc following Board Members were present: Frank Williamson, Jr., Chairman William Hammond Eugene K. Petfis William ~ Graham Richard Machek Miriam Singer Mitchell Berger Vcra Carter Michael Minton Samuel E. Poole HI, Secretary CALL TO ORDER Chairman Williamson called the special meeting to order at 9:00 a.m. 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Mr. Machek questioned items 12, 13, 14, 15, and 17. " Board Members agreed to consider item 2 from the work. shop agenda at this time. 2. Overview of District's Mitigation Banking Program Ms. Marjori¢ Moore, Lead Environmental Scicntht, Land Stewardship, Construction and Land Management Dcparuncnt, prc, seat~ informatioa on tl~ item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Moore said staff will seek authorization from the Board at the Thursday regular m~ting to establish the Loxahatchee mitigation bank using a private contractor. Governing Bo,a'd Special Meeting and Wock~op April 9, 1997 Page 2 MS. Rosa Durando, Audubon Society of the Everglades, urged the Board to recognize the value of isolated wetlands during this process. She also expressed concern that mitigation banking could lead to profit taking by private industry. Ms. Nanciann Regalado, National Audubon ~ociety, said the mitigation banking process must benefit the whole system, and must be a coordinated effort. She offered to make a brief presentation on this issue at a future meeting. Chairman Williamson agreed. Mr. Minton asked that staff meet with him to discuss additional mitigation banking sites. Board Members returned to the special meeting agenda to consider item 2. Address issues rttated to the Everglades Construction Project's 404 Pen'nit (Dredge & Fill, Allowing Construction). Mr. Poole noted that the permit was issued by the U.S. Army Corps of Engineers CUSACE) on March 13, 1997. He said the District has not acted on it since that time. Mr. Poole said staff has discussed the permit conditions with State Legislators, who have indicated that the District should not accept permit requirements that conflict with the District's responsibilities under state law. Mr. Poole said staff has concluded that it could proceed with the permit conditions that arc not in conflict with state law. He said the District has received correspondence from Mr. Keith Saxe, attorney, U.S. Department of Justice stating that there is no need to delay construction while these issues are being discussed. Mr. Poole said the District could begin construction of Stormwater Treatment Area (STA) 6 and STA-1 West, which are not in conflict, and continue to addre,~s the differences between the permit and the Everglades Forever Act. Ms. Barbara Markham, General Counsel, recommended that the District and federal officials enter into dispute resolution over the conflict issues. Colonel Terry Rice, U.S. Army Corps of F_.ngineers, said he agrees with the statements made by Mr. Saxe. Oovcrnin~ Board Spcci.d Mc~ing m',d Wodul~ April 9, 199'7 p~,c 3 PUBLIC COMMENT Mr. Philip Parsons, Florida Sugar Cane Lcag.u,c, urged thc Board to reject staff's recommendation. Hc said thc Districl is taking a grMr risk and will gain nothing by this ~ction. Mr. Charles Lee, Florida Audubon Society, ur$cd the Board to approve staff's recommendation. He s~id thc best wa)' ~o resolve the issue of conflict is through dispuU~ r~solution and agreed that thc District is not waiving any rights by this action. Mr. John Mitchell, National Audubon Society, said it is essential for thc District to procc~ with Everglades construction. FI~ urged thc Board m support staff's recommendation. Ms. Joct~ Lorion, t:ri~nds of the Everglades, said wau:r quality standards and sta~ law should be enforced. Ms. £1~,ine Usl~rson, The Sierra Club, r~id her organization supporus staff's recommendation. Mr. Wayne Nelson, Fishermen Against Destruction of the Environment (FADE), urged thc District to move forward with ecosystem restoration. Motion by lVlr. ltmmmmd lo authorize st~fl to proceed with dispute resolution and construction of STA-1 West and STA-6. Mr. Min~on expressed concern shout tl~ response from tl~ Environmental Defense Pund to this sction. Mr. P~Ul Neuleton, ~n slzor~' representing th~ District ~ outside counsel, said fl~ EDP l~s ~ th~ it would not consider tt~ Districts ~a~don to proceed ~s a waiver of fights. Ms. ~ s~id ~ will report b~ck to th~ Board in May on the status of the dispu~ resolution process. Motion approved. 3. Address issues rel~ lo the Eries Construction Project Fundln~ and C~verning Board Special Meeting Apri~ 9, 1997 P~g¢ 4 Mr. Miller Andre.ss, Director, Everglades Construction Project, presented ~nformation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Andr~ss said staff is looking for Board direction that the construction project should stay on schedule, even if the District may have to borrow funds in the future. Mr. MalcoLm Wade, U.S. Sugar Corporation, sa~d budgeting for ~e project lacks account,ability. He said the District should do an engineering analysis of the project in order to determine the appropriate project costs. Mr. John Mitchell, National Audubon Society, expressed concern about projects costs. but urged the Board to keep the construction project on schedule. Mr. Charles Lee, Florida Audubon Society, said a decision is needed today by the Board to keep the project on schedule. Motion by Ms. Carter to direct staff to proceed with everglades construction, and to report to the Board as soon as possible as to how it will proceed with funding for construction. Second by Mr. Berger. Mr. Graham and Mr. Pettis expressed concern about the motion. Mr. Graham said the Board needs to know how construction will be funded. Mr. Pettis said the amount of money that may need to be borrowed should be determined before this action is taken. Mr. Poole sa.id staff is seeking direction to stay on schedule with the Everglades Construction Project. He said the Board does not have to decide today on the issue of borrowing. Mr. Berger withdrew his second of Ms. Carter's motion. Motion dies for lack of a second. Motion by Ms. Carter to direct staff to stay on schedule with the Everglades Forever Act to the best of its ability, and to explore all options necessary to do so. Motion approved. ADJOURNMENT There being no further business to come before the Board, the special meeting was adjourned. Apdl 9, 199/ Pa~¢ 5 GOVERNING BOARD WORKSHOP CALL TO ORDER Chairman Williamson called the workshop to order at 3:30 p.m. 1. Supplemental technology research and demonstration projects. Mr. Nick Aumen, Re, search Program Director, Ecosyst=m Restoration Department, prr. x~nteA information on this item. A copy of the mat=rial used in his presentation is included in th~ official re, cord of this meeting. ADJO~ There lacing no further discussion to ~mc before t~ Board, t~c workshop was adjoumod at 4:00 p.m. 0South Florida Water anagement District 16G GOVERNING BOARD MEETING Open to the Public AGENDA GOVERNING BOARD MEETING Thursday, May'15, 1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida Note: Any item whk:h appears on the Workshop Agenda of Wednesday, May 14, 1997, may be an item for discussion or action on this Meeting Agenda. CALL TO ORDER A. Invocation: SFWMD Aquatones performing "Colors of the Wind" B. Pledge of Allegiance to the Flag of the United States of Amedca C. Presentation: · Ms. Miriam Singer, Chairwoman of the Human Resources Committee, will recognize April's Employee of the Month: Marcy Wilson, Construction and Land Management Department and Andrew Ross, Office of Counsel, and; · Recognize the District's First Graduates, the Volunteer Ambassador Program under the Hispanic Outreach Contract. D. Service Awards: · 25 Years - Fred Davis, Construction and Land Management Department · 25 Years - Vince Katilius, Construction and Land Management Department E. Approval of the Minutes of the Governing Board Workshop of April 9, 1997 and the Governing Board Regular Meeting of April 10, 1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for June Workshop. 3. Accept the Audit Committee report, including recommended actions. 1 16G 1" Governing Board Meeting May 15, 1997 Page 2 MORNING CONSENT AGENDA Note: The Board mayn°~wishtO di~cus~ Ren~ ~aJld mayappr°ve ly~em as a gr°up' Anyone wishing to speak on. ? ~ t~.se Chairman to pull representative in the IObOy prior to con~,~-~ ~ items for individual discussion later on the A. Pull Itern~ for dla~uulon. B. Motion to Ai3prove the Cor~ent Agenda except for Items pulled for discusalon. (Items pulled will be ¢x)nstdered by the Board under the Discussion agenda) FORT MYERS SERVICE CENTER 4. Authorize entering into a revenue agreement for $200,000 with the Lee County Board of County Commissioners to be applied as cost-share revenue for the Kehl Canal Weir Replacement Contract C,-8816 which $605,000 is budgeted. (Contract Number - 8818) MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 5. Authorize Initiation of Rulemaking and Approve the Publication Draft of the District's proposed rules concerning Post-Employment restrictions and Employee Misuse of Public Position. (Docket Number 97-5) 6. Authorize entering into a contract with Robert Duncan for the lease of a single family dwelling located at 811 Sebring Drive, Lorida, Florida, in exchange for off- duty law enforcement services at Rivenvoods Estates for a three year period. (Contract Number C-8387) 7. Authorize the sale of a damaged vehicle and airboat for salvage value and subsequent removal from the asset record. 8. Authorb. e the sale of surplus microwave radio equipment and subsequent removal from the asset record. MIAMI-DADE REGIONAL SERVICE CENTER 9. Authorize entering into a cooperative agreement subject to Florida Department of Environmental Protection approval of the project and funds, with the University of Miami to continue identifying factors contn'buting to the development of the causes of abnorn~tties in Biscayne Bay fLsh in the amount of $82,000 of which $60,000 is budgeted and authorize a budget transfer of $22,000 from Miami-Dade Regional Service Center InteragencY. Expenditures - Local Government to Interagency Expenditures - Private Universities. (Contract Number C-8930) Governing Board Meeting May 15, 1997 Page 3 16G 10. Authorlze entering into a two (2) year cooperative agreement, subject to Florida Department of Environmental Protection approval of the project and funds, with Metro-Dade County Department of Environmental Resources Management (DERM) for implementation of the Miami River Storr~water System Retrofit Basin 23 Phase II as mandated by the Legislature of the'State of Florida in the 1996-97 General Appropriations Act for implementation of the 1997 Biscayne Bay SWIM Projects, in the amount of $321,000, and authorize a budget transfer in the same amount from Reserves to the Miami-Dade Regional Service Center. (Contract Number C-8931) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 11. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non-use commitments. 12. Approve acceptance of a Perpetual Access Road Easement over a portion of Tract 'A', University Park West Section Three, Plat Book 111, Page 34, Public Records of Dade County, Florida; said land allows access to the C-4 (Tamiami Canal) right of way and is located in Section 2, Township 54 South, Range 39 East, Tract 311 OO-O32. 13. Approve staff recommendation for denial of claim for replacement housing payment benefits made by John J. and Nancy A. Leadingham under the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs Act (also known as 'Public Law 91-646'), Cesium River Restoration Project, Tract KR 103-210. 14. Approve the Termination of Agreement with Sunset Lakes Associates to terminate the Agreement for Sale and Purchase of Tract No. 200-934, East Coast Buffer Save Our Rivers Project. .- 15. Approve the Amendment to Agreement for Sale and Purchase with Suzette Veal Howse, Trustee, for land interests in Osceola County, Kissimmee Field Station Project. 16. Authorize entering into a contract with Saltsman Construction, Inc., for the demolition of the three (3) crossings over the Cocohatchee Canal (Bay West Nursery, Nursery Lane and Rose Boulevard) and construct three (3) new replacement crossings in the amount of $449,900 and authorize a budget substitution from the Engineering & Project Management, Water Control Structures, for County Road 951 Canal Improvement Project to Cocohatchee Canal Bridge (Bay West Nursery, Nursery Lane and Rose Boulevard) Project in the amount of $73,650. (Contract Number C-8011) 1 Governing Board Meeting May 15, 1997 Page 4 17. Authorize a retroactive Change Order for a Contract with D~..co Construction, Inc., for the B-50 Renovations-Interim Renovations Project for interim building renovations at the B-50 Building and extend the contract for one hundred thirty-five (135) days at no additional contract cost..,(Contract Number C-7025, C.O. # 1) ECOSYSTEM RESTORATION DEPARTMENT 18. Authorize entering into a contract with Archbold Biological Station to document the relationships between agricultural practices and water quality, quantity, hydroperiod and economic sustainability in the amount of $280,000 of which $35,000 is budgeted for FY97, and the remainder is subject to Governing Board approval of the FY98 ($140,000) and FY99 ($105,000) budgets. (Contract Number C-8614) 19. Authorize entering into an Intergovernmental Personnel Assignment Agreement with the U.S. Army Corps of Engineers to assign a programmer/analyst to the Kissimmee River Restoration Division for 24 months beginning on or about June 1, 1997, in the amount of $145,642 of which $24,274 is budgeted in FY97 and the remainder is subject to Governing Board approval of the FY98 ($72,821) and FY99 ($48,547) budgets. (Contract Number C-8618) 20. Authorize entering into an Intergovernmental Personnel Assignment Agreement with the U.S. Army Corps of Engineers to assign a senior scientific technician to the Kissimmee River Restoration Division for 24 months beginning on or about June 1, 1997, in the amount of $83,862 of which $13,977 is budgeted in FY97, and the remainder is subject to Governing Board approval of the FY98 ($41,931) and FY99 ($27,954) budgets. (Contract Number C-8619) 21. Authorize entering into an Intergovernmental Personnel Assignment Agreement with the U.S. Army Corps of Engineers to assign a civil engineer to the Kissimmee River Restoration Division for 24 months beginning on or a~)out June 1, 1997, in the amount of $148,769 of which $24,795 is budgeted in FY97, and the remainder is subject to Governing Board approval of the FY98 ($74,384) and FY99 ($49,590) budgets. (Contract Number C,-8620) 22. Authorize entering into a cooperative agreement with the University of Florida to determine biogeochemical indicators of nutrient impacts and load reductions, and provide technical support for samples to be collected from the Water Conservation Areas, in the amount of $90,000 of which $60,000 is budgeted in FY97 and the remainder is subject to Governing Board approval of the FY98 ($30,000) budget; and authorize budget substitutions in the total amount of $60,000. (Contract Number C- E8621) Governing Board Meeting May 15, lg97 Page 5 23. Authorize amending a contract with Brown and Caldwell for professional services associated with STA-2 and WCA-2A Hydropattem Restoration Works to include Phase 2 construction solicitation support services and a vegetation survey of STA-2, in a not- to-exceed amount of $50,000, for which funds are budgeted; and authorize a budget substitution in the same amount from the~verglades Construction Project Division, Professional Fees (CCNA) - Construction Projects [EC00] to Professional Fees (CCNA) - Construction Projects [EC03]. (CCNA, Contract Number C-E201-A5) 24. Authorize District Staff to send letters of intent to the U.S. Army Corps of Engineers for critical restoration projects. OPERATIONS & MAINTENANCE DEPARTMENT 25. Authorize entering into a contract with M.J.M. Properties d/b/a/Michael J. Marr, for fight-of-way mowing services in the Okeechobee service area, for a three-year period, in an amount not to exceed $282,010, of which $7,955 is budgeted in FY97 and the remaining funds are subject to Governing Board approval of the FY98 through FY00 budgets ($274,055). (Contract Number C-8560) 26. Authorize entering into a contract with M.J.M. Propedies d/o/a/Michael J. Mart, for right-of-way mowing services in the West Palm Beach service area, for a three-year period, in an amount not to exceed $175,510, of which $19,276 is budgeted in FY97 and the remaining funds are subject to Governing Board approval of the F'Y98 through FY00 budgets ($156,234). (Contract Number C-8579) 27. Authorize entedng into a contract with M.J.M. Properties d/b/aJ Michael J. Man', for right-of-way side slope mowing services in the Miami service area, for a three-year period, in an amount not to exceed $147,934, of which $34,581 is unbudgeted in FY97, and authorize a budget transfer from Miami Field Station, personnel services to contractual services and the remaining funds are subject to Governing Board approval of the FY98 through FY00 budgets ($113,353). (Con'Fact Number C-8582) 28. Authorize amending a Cooperative Agreement with the City of Miami Springs for tree removal and revegetation of a portion of the C-6 Canal right-of-way, for one additional year, in an amount not to exceed $100,000 for which funds are budgeted. (Contract Number C-6576-A1) 29. Authorize retroactively amending a contract with Synergen Associates, Inc. for analyzing the programmatic methods of the Series 7 Fleet module and thoroughly testing the Fuel TRAK Interface to extend the contract for 90 days at no additional contract cost. (Contract Number C-6593-A3) 1 ' May 15. 1997 Page 6 PLANNING DEPARTMENT 30. Authorize amancrmg a contract with Water Resources Management, Inc. (WRM) Contract No. C-5263 and Resources Plar~, ing (RPA) Contract No. C-5348 to extend the terms of the contract by one (1) year from July 11, 1997 through July 10, 1998, at no additional contract cost. (Contract Numbers C-5263-A2 and C-5348-A2) WATER RESOURCES EVALUATION DEPARTMENT 31. Authorize a purchase order with American Sigma Corporation for eight automatic samplers for an amount of $28,000, for which funds are budgeted. (RX - 704736) End of Morning Consent Agenda PUBMC COMMENT (May be moved to foaow Public Hearing) ~ntty for membera o~ the pub~ to discuss rnaffen~ of interest wt*a~ am not on the agenda. PUBLIC HEARIN at 9:30 A.M. Note: The Board will d*~,cuss these items tncr~/idualty in the order listed. OFFICE OF COUNSEL 32. Authorize a settlement agreement of an eminent domain action involving acquisition of approximately 233.83 acres of land within the East Coast Buffer Strip designated boundaries styled t r ~ ~o~l.,~M~,r, et al., in the 17th Circuit Court for Broward County. oo/o ~,,, Ruth Clements, Senior Attomey, Ofra=e of Counsel 33. Authorize e settlement agreement of an inverse condemnation counterclaim for an eminent domain action involving approximately 136.44 acres of land within the East Coast Buffer Strip designated boundaries styled h War r M na ement i ' I hi in the 17th Circuit Court for Broward County. (Case Number CL 96-001810 (13)) Ruth Clements, Senior Attorney, Office of Counsel Governing Board Meeting May 15, 1997 Page 7 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 34. Approve an Option to Purchase and Lease o! a parcel o! land, located in the KLssimmee River Pro~ect, contalnlng 612.63 acres, more or less, in Highlands County to the Board of Commissioners of Highlan'~ls County. William F. Malone, Director- Construction & Land Management 35. Approve the purchase of land interests containing 35.17 acres, more or less, in Dade County, L-31N T~ Lands Pro~ect, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director - Construction & Land Management 36. Approve the purchase of land interests, including structures and improvements, containing 16.01 acres, more or less, in Dada County, 8.5 Square Mile Project, and approve dec~ring surplus, creq:x)sal of, and removal from the asset records, any such improvements deemed unnecessary for the s~ated purpose o! th~ odginal land pm~ttection requesting relmbursementlormm acclummon u~, ~ t Environmental costs. William F. Malone, Director - Construction & Land Management 37. Approve the purchase of land Interests containing 124.07 acres, more or less, in Broward County, East Coast Buffer project, and authorize a resolution to the Department of Environmental protection requesting reimbursement for this acquisition and associated costs. Charles R. Rina~ll, Deputy Director, Land - Construction & Land Management 38. Approve the purchase of land interests containing 46.12 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project, and authorize a resolution to the Department of Environmental Protection requ&'sting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director;, Land - Construction & Land Management 39. Approve the purchase o! land Interests containing 0.57 acres, more or less, in Polk County, Kissimmee Chain o! Lakes project, and authorize a resolution to the Department of Errv~ronmental protection requesting reimbursement for this acquisition and associated costs. Char/es R. Rinaldi, Deputy Director, Land - Construction & Land Management 40. Consider acquisition of SOR Lands. End of Publio Hearing 16G Governing Board Meeting May 15. 1997 Page 8 PUBUC COMMENT p,~ay be conUnued at ~ts t~e /f not corette ~ ~o the Pubr= Hearing.) 1 BOARD COMMENT . v . Opportunity for Board members lo discuss matters of interest which are not on the agenda REPORT FROM ADVISORY COMMITTEES Nanciann Regalado, Chairman, Environmental Advisory Committee Art Darling, Chairman, Agriculture Advisory Committee 41. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman MORNIN DI CUS INA ENDA DISCUSSION OF ANY FI'EMS PULLED FROM MORNING CONSENT AGENDA OFRCE OFCOUNSEL 42. Authorize entering into a Memorandum of Understanding with Florida Power & Light Company (FP&L) regarding use of FP&L's easement within STA 6, Section I (Hendry County). Ruth Clements, Senior Attomey, Office of Counsel 10 minutes OKEECHOBEE SERVICE CENTER 3J Authorize entering into a cooperative agreement with the Florida Department of Corrections (FDOC) to provide inmate work crews for support of land stewardship and operations and rnaint~ activities at no cost to the Distdct;'~dvise the governing board of the purchase under separate purchase order of two used f'dteen passenger vans in an amount not to exceed $30,000 for which funds were transferred from the Okeechobee Basin contingency reserve at the March 13, 1997 Governing Board meeting; and authorize entering into gratuitous bailment agreements with the Okeechobee Correction Facility to provide District vehicles, tools, and surplus equipment for use by inmate work crews on District projects. (Contract Number C- 8826) John J. Morgan, Jr., Director, Okeechobee Service Center Robert Ulevich, Director, Field Operations (North), Okeechobee Field Station Governing Board Meeting May 15, 1997 Page 9 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Approve staff recommendation for denial of release of a Corps Spoil Easement and denial of staff to enter into an agreement to terminate a deed restriction over a portion of Government Lot 2, located along the ~ (Caloosahatchee River), Glades County, Florida, situate in Section 33, Township 42 South, Range 29 East. William F. Malone, Director - Construction & Land Management ECOSYSTEM RESTORATION DEPARTMENT 45. Authorize amending a contract with Metcalf & Eddy, Inc., for professional services for the final pilot facility design, procurement of equipment, laboratory testing, development and start up of the Chemical Treatment Followed by Direct Filtration Supplemental Technology Demonstration Project (Phase 2), in a not-to-exceed amount of $1,037,014, of which $637,014 is budgeted, and the remaining $400,000 will be funded by the Florida Department of Environmental Protection through an approved Section 319 Grant for this project contingent upon Governing Board approval of the District's FY97 budget amendment. (CCNA, Contract Number C-E8601-A1) Nicholas Aumen, Research Program Director, Ecosystem Restoration 46. Authorize expansion of STA-1E to incorporate that area south of Canal 51 and north of the currently proposed STA-1E northern boundary (approximately 725 acres). Jennifer Jorge, Deputy Director, Everglades Construction Project (1 hour) PLANNING DEPARTMENT 47. Authorize staff to advise Broward County of the District's partial concurrence in Broward County initiated proposals to change the land use designations of District- owned property to "Conservation", agreeing to the designatio"~ of some lands and opposed the designation of other District-owned parcels. Frank Duke, Senior Supervisor Planner, Planning Department WATER RESOURCES EVALUATION 48. Consideration of modifications to the Water Shortage Restrictions. Leslie Wedderbum, Director, Department of Water Resource Evaluation Governing Board Meeting May 15, 1997 Page 10 REPORT FROM THE EXECUTIVE DIRECTOR 49. Legislative Update Sally McPherson, Governmental Re~. resontative, Office of Government & Public Affairs Yvonne Gsteiger, Governmental Representative, Office of Govemment & Public Affairs 50. Water Management Highlights Samuel E. Peele, III, Executive Director 51. Governing Board Follow-up Items Samuel E. Peele, Iff, Executive Director 52. Everglades Construction Project Update Millor Andross, Director, Everglades Construction Project. 53. Update on Everglades Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.M. B. C. D. E. F. G. Add'rtions, Deletions, Substitutions Abstentions Pull Items for Discusskm Motion to ~ Ntemoo~ ~ Agenda, except for items pulled lor discussion Consider Afternoon Consent Agenda Items Pulled for ~. Continue Morning ~ Naenda C~ appr~'.able) Consider Afternoon Discussion Agenda Governing Board Meeting May 15, 1997 Page 11 FTERN N N E A END :RE T RYMATTERS in the lobby pdor to consideration of the C,¢x3sent Agenda. *This w~ perrnit the Chairman to puff such items for indivfdual d~scuss~. A copy of the conse~ agenda Jl avaJable upon request by contacting the Regulation Deparlment at (561) 687-6736. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: 55. Emergency Authorizations Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Mod'~:ations Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program Right of Way Occupancy Permit Applications for Waiver of District Criteria Consideration of Consent Agenda for Govemlng Board a~opmval which includes Regulatory items: Water Use Permit Appr~.,ations Surface Water Management Permit Appr.::ations (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) Everglades Works of the District Appr~c~tions Wetland Resource Permit Appr.~cations (including Conservation Easements) SWIM Works of the District Permit Appl'mations Denials ._ Circuit Court Suits Consent Agreements Seminole Tribe Work Plan Water Shortage Variances Water Shortage Variance Denials End of Afternoon Consent Agenda May 15, 1997 Page 12 AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board lcfii di~:uu individually in ~ order II, ted on bSe mge~da. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA REGULATION DEPARTMENT 56. Home lonal i A. Consider approval of the Memorandum of Understanding Between the South Florida Water Management Dlatrict and Mefl'o--Dade County Concerning Homestead Regional Airport' (staff recommendation is for approval) John J. Fume/o, Assistant General Counsel, Regulatory & Planning Section, Office of Counsel Bo Bdefing on District participation in Dads County Comprehensive Plan Amendments relative to Homestead Air Force Base. Ju#,e Kendig-Schrader, Attorney, Regulatory & Planning Section, Office of Counsel 57. 58. C. Consider a request by Dade County for the isstmnce of an Environmental Resource Permit for Homestead Regional Airport Phase I Beachfront, Dade County (staff recommendation is for approval) Terrie Bates, Director, Regulation Department Environmental e our Prmt ~r a request by Lennar Homes, Inc. For the issuance of an Environmental Resource Permit for Conceptual Approval for Lennar Homes Section 19, Palm Beach County (staff recommendation is for approval) Robert Robbins, D/rector, Natural Resource Management Diw'sion, Regulation Department Coriander outstanding prooedumi motions / issues in Florida Bay initiat~ve, Inc.; The Florida Keys Fishing Guides Association, Michael Collins and Charles W. Causey; 1000 Friends of Florida, Inc.; and Florida Keys Citizens' Coalition v. Florida Department of Transportation and South Florida Water Management District and Monroe County;, Including request for extension of time to file exceptions and request to have Governing Board consideration of Recommended Order take place within the project area. Barbara Markham, General Counsel ADJOURNMENT End of Afternoon Agenda 16G MINUTES OF A MEETING OF THE GOVERNING BOARD OF TIlE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FIELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD WEST PALM BEACH FLORIDA THURSDAY, APRIL 10, 1997 8:30 A.M. The following Board Members wer~ present: Frank Williamson, Jr., Ch.'man Eugcn~ K. Pcttis Miriam Singer Richard Machck William E. ~ Vcra ~r Mitchell Berger Michael Minton Samuel E. Poole HI, Secrctary CALL TO ORDER The meeting w~s called ~o order at 8:30 a.m. by Vice-Chrdrman Williamson, followcd by the invocation by Mr. Rob Sosnowski, and the Plcdge of Allegiance to the Nlag of the United Stat~ of America Present~tions Chairman Williamson and Mr. Pool¢ m~e the following pre.sent~tions: Pahn Beach Chapter of the l=1orid~ Engineering Society (FES) for "Outst~ding Service to the Engineering Profession" to Mr. loseph Schweigart, Director, Operations and Mainumance Department. 30 Year Service Award to Mr. Gary Dulw. s, Trades Supervisor 2, S-SA Pump Station. 25 Ye~' Service Award ~o Mr. Bob Ulevich, Director, t:ield Opcratio~s, Okeechobee Nield Station. 1 · OOVtmNINO BOARD RF~ULAR MtmTINO APRIL 10, 1997 PAGE 2 Approval of Minutes Motion by Mr. Perth to approve the Minutes of the Governing Board Workshop of March 12, 199'/and the Governing Board Regular Meeting of March 13, 199'/. Motion approved. MORNING AGENDA APPROVAL A. Additiom, I)eletion.~, Sulmituttona Mr. Philip Kochan, Sr. Buslncs$ Operations Analyst, Executive Office, noted changes handed out az thc revised agenda. A copy of the revised agenda is included in the official record of this meeting. Mr. Kochan said items 7 and 13 have b~n deleted. He said a member of the public has rCClUeSted that the Board pull item 16 for discussion. Mr. Kochan said item 27C,a pre.~ntation on Fishcating Cre~k, haz b~n added. B. Abstentions Mr. Berger abstained on items 23 and 30A. GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcond~ Meetings. Mr. Pool¢ prescnteA the $chedul8 for upcoming meetings. A copy of thc schedule is included in thc official record of this meeting. 2. Consider Tentative Agenda for May Workshop. Responding to the announcement of thc April 15, 1997 Governing Board Retreat, Ms. Singer azkeA that staff provide infommtion on the cur~nt level of stating and staffing ne.~is az.sociateA with tl~ current workload 3. Accept the Audit Committee report, including recommended actions. Mr. Pcttis, Chairman, Audit Committee, presented the report He said the Audit Committee met on Wcdn~day, April 9, 1997, and: GOVERNING BOARD REGULAR MEETING APRIL 10, 1997 PAGE 4 16G Ms. Singer said the committee discussed the performance review of the District's Ombudsman, Richard Williams. She said the Human Resources Committee recommends a salary increase of 3.20%, which is within the budgeted salary increase for staff, based on evaluation performed by Mr. Williamson, Mr. Machek and herself. The Human Resources Committee asked Mr. Poole to evaluate available resources to address transportation needs of ~he position. " Motion by Ms. Singer to approve a ~alary increase of 3.20% for the District's Ombudsman, as recommended by the Human Resources Committee. Motion approved. Ms. Singer said Ms. Arlene McClurg, Employee Development Manager, presented an update on the District's customer service initiative, involving four steps: 1) Training that began May 1996. To date, 42 customer .service classes have been offered. 2) Recognition and Reward geared toward recognizing our internal, as well as external customers. Over 2,000 cards have been completed by employees recognizing peers for their customer service efforts. This process improves morale and displays appreciation and respect. 3) Process Improvement, which resulted in 128 ideas for enhancing the way we regulate and interact with our customers, of which, half have been vapported or implemented, and 4) Communications - a video, produced in-house at a low cost, showcasing District employees at various customer service situations. MORNING CONSENT AGENDA A. Pull items for discussion. Mr. Machek pulled item 12. Ms. Singer pulled item 17. Chairman Williamson pulled item 16 at the request of a member of the public. B. Motion to Approve the Consent Agenda except for items pulled for cliscnsslon. Motion by Ms. Singer to approve the Morning Consent agenda, except for items 12, 16, and 17, which were pulled. Motion approved. The following items were approved as part of the Morning Consent Agenda. BUDGET OFFICE 5. Approval of Budget Transfers. GOVERNING BOARD REGULAR MEETING APRIL 10, 1997 PAGE 5 OFFICE OF ENTERPRISING ENGINEERING 16G Issue a purcha.~ order for the renewal of a contr~t, C'91-2102, with American Management Systems for software maintenance for the time period 5/01/97 through 4/30/98 ia the amount of $65,304 for which funds are budgeted. (Requisition Number RX X703645) ' *' MIAMI-DADE REGIONAL SERVICE CENTER CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Approve staff recommendations for rele. a.se.s of District canal, mineral and road rcs~rvations, rel~.w..s of T. LLT. F. canal reservations and issuanc~ of non-use commitments. Authorize entering into a revenue contr~t with Foster Wheeler Environmental Corporation to e~mblish tlm Lox~mtchee Mitigation Bank ia order to permit the project, re~tore tl~ land, recover the land value, staff costs and generate a revenue stream for future projects. (Contract Number C-8301) 10. II. Authorize Rule Development for Amendments to the District's Public Use Guide, Incorporated by Reference into Part V, Chapter 40E-7, F.A.C., Docket Number 97- 5. Approve partial relea.s~ of l~asehold interest from the Trus -tet. s of th~ Internal Improvcmemt Trtm latmd for tl~ Ki.uimmee River Management Le,.~. (L~asc Number 4099) ECOSYSTEM RESTORATION DEPARTMENT GOnG BOARD REGULAR MEETING APRIL 10, 1~7 PAGE 6 16G Moved to Discussion Agenda as Item #3lA Moved to Discu~on Agenda as Item #30A 1 WATER RESOURCES EVALUATION DEPARTMENT 18. Authorize amend/rig a'cooperative agreement with the U.S. Geological Survey (USGS) for additional surface md groundwater monitoring and to add an investigative study, h: thc amouat of $107,802, $11,350 of which fuads arc budgctcd, and authorize budget traasfcr~ in thc amounts of $75,365 from Upper East Coast Plaaaing Division - Federal Matching Funds to Hydrogcology Division - Federal Matchiag Funds and $22,386 from Hydrog~logy Divizion Furaiturc aad F, quipmcnt to Hydmgcology Division - Federal Matching Funds. (Contract Numbcr C-8669-AI) End of Morning Consent Agenda O INA END DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA 12. Authorize entering into a cooperative agreement with the Univi'~dty of Florida/Institute of Food and Agrlcultural Sciences fIFAS) to conduct a fertifization and irrigation optimization project. Mr. Machck said hc pullcd this itcm to commcnd staff for their effort. Motion by Mr. Machek to authorize entering into a cooperative agreement with the Univerdty of FloridMlnstitute of Food and Agricultural Sciences (IFa, S) to conduct a fertilization and irrigation optimization project to extend best management practices (BMPs) to fruit and vegetables growers in the South Dade area in the amount of $149,907, of which $14,057 is budgeted for FY97, and the remainder is subject to Governing Board approval of the FYg8 ($72,g50), FY99 ($35,820) and FY00 ($27,180) budgets. (Contract Number C-8612). Motion approved. GOVERNING BOARD REGULAR MEETING APRIL 10, 1997 PAGE ? 16. Consider the formal written protest and petition for formal administrative hearing filed by Adrian Investment & Development, Inc. Mr. Adrian Alghita, Adrian Investment & Development, Inc., expressed concern about the process followed by the District regarding its Rec. tuest for Bids no. C-7618. Mr. Alghita said he was the low bidder on this contract, but was'not selected due to non-compliance with the District's Minority and Women Business Enterprise requirements. Mr. Glenn Miller, Attorney, Office of Counsel, said Mr. Alghita's petition fails to meet statutory requirements in that it does not indicate the issues to be addressed, and does not state the law or rule on which the petition is based. He said staff recommends that the Board deny the petition with prejudice. Mr. Richard Williams, District Ombudsman, said Mr. Alghita has met with the Office of Supplier Diversity and Outreach, and has expressed an interest in submitting bids with the District in the future. He asked ff Mr. Alghita would be willing to withdraw his petition and suggested that the staff review methods to further instruct bidders on the procedures for doing business with the District. Mr. Alghita said he would be willing to withdraw his petition only ff the Board states that there is merit to his contract bid. Motion by Mr. Machek to deny with prejudice the formal written protest and petition for formal administrative hearing filed by Adnan Investment & Development, Inc., regarding South Florida Water Management District's Request for Bids No. C-7618. Motion approved. Ms. Williams asked that staff review the District's contracting procedures with Mr. Alghita. OPERATIONS AND MAINTENANCE DEPARTMENT 17. Authorize entering into a contract with .IP's Lawn Service, Ina for right-of-way mowing services in the Miami service area Mr. Joe Schweigart, Director, Operations and Maintenance Department, said this item has been pulled to emphasize the importance of the District's Minority and Women's Business Enterprise program procedural requirements. He said the original Iow bidder was deemed unresponsive md the contract was awarded to the second low bidder. Mr. $chweigart said it is important to let vendors know that the District has procedural requirements for Minority and Women's Business Enterprise participation that must be followed as part of it the District's contracting prooess. ¸,7 GOVERNING BOARD REGULAR MEETING APRIL 10, 199~ PAGE g Ms. Carolyn Williams, ~r, Office of Supplier Diversity and Outreach, said staff has reviewed the District's contrac/iag procedures with the unsuccessful bidder. Motion by Mr. Berger to authorize entering into a contract with JP's Lawn Service, Inc. for right.of-way mowing services in the Miami se}vice area, for a three-year period, with two one-year renewals at the option of the District, in an amount not to exceed $368,235, of which ~2,283 is budgeted in FY97 and the remaining funds are subject to Governing Board approval of the FY98 through FY02 budgets ($325,952). (Contract Number C- 8575). Motion approved. ~HEARING at 9:30 A.M. Chairman Williamson opened thc Public Hearing. REGULATION DEPARTMENT 19. Consider ~dopflon of amendments to Chapters 40F_,-61 and 40E-63, Florida Administrative Code, to address comments from the Joint Administrative Procedures Committee. (Docket Number 97.3) Mr. Paul I. Whalen, Manager, Everglades Regulation Section, Regulation I~partment, presented information on this item. A copy of the material used ia his presentation is included in the official record of this meeting. Motion by Mr. Pettis to approve adoption of amendments to Chapters 40E-61 and 40E- 63, Florida Administrative Code, to address comments from the Joint Administrative Procedures Conunittee. (Docket Number 97-3). Motion approved. Ms. Elaine Usl~rson, The Sierra Club, expressed concern about thc process that wLU used to determine whether farms are ia compliance with the proposed a~ncndmcnts. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Approve the purchase of land Interests containing 1.57 acres, more or less, in Polk County, Klsdmmee Chain of Lakes Project. Mr. Charles IL Rinaldi, Deputy Director, Land - Construction & Land Management, pre.~nted information on this item. A copy of the material used ia his presentation is included in the official record of tiffs meeting. 16G GOVERNING BOAKD REGULAR MEETING APRIL 10, 1~7 PAGE 9 Motion by Mr. Machek to approve the purchase of land interest~ containing 1.57 acres, more or less, in Polk County, Ki.~mmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and as.~x:/ated co~'ts. Motion approved. 21. Approve the purchase of land interests containing 54.78 acres, more or less, in Highlands County, Pool E, KJsstmmee River Project. Mr. Kinaldi presented information on this imm. A copy of the material used in his prcsentat/on is included in the official record of this meeting. Motion by Ms. Carter to approve the purchase of land interests containing 54.78 acres, more or less, in Highlands County, Pool E, Kisstmmee River Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and assodated costs. Motion approved. 22. Approve the purchase of land interests containing 630 acres, more or less, in Martin and Palm Beach Counties, Pal.Mar Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Machek to approve the purchase of land interests containing 630 acres, more or less, in Martin and Palm Beach Counties, Pal.Mar Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 23. Approve the purchase of ]and interests containing 65.68 acres, more or less, in Palm Beach County, STA-1W and STA-2. Mr. Better noted that he has a possible conflict of interest on this tt~m. He recuscd himscff lmm participation. Mr. William F. Malone, Director, Construction & Land Management Department, presented information on this item. A copy of the material used in kis presentation is includM in the official r~ord of this meeting. Motion by Ms. Singer to begin eminent domain proceedin~ for land interests in Palm Beach County, STA-1W and STA-2 and STA-~ section I owned by Florida Power and Light Company. Motion approved. Abstain - Mr. Berger. 16G GOVERNING BOARD REGULAR MEETING APRIL 10, 1997 PAGE 10 Approve the purchase of land interests containing 63.0~ acres, more or less, in Broward County, East Coast Buffer Project. Mr. Rinaldi presented information on this item. A copy of ~e material used in his presentation is included in the official record of this,,meeting. Motion by Mr. Machek to approve the purchase of land interests containing 63.06 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated co, ts. Motion approved. 25. Approve the purchase of land interests containing 60 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated co, ts. Mr. Rinaldi pr~,~ntexi information on this item. A copy of the material used in his presentation is included in the official re, cord of this meeting. Motion by Ms. Singer to approve the purchase of land interests containing 60 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and assodated co, ts. Motion approved. Approve the purchase of land interests containing 57.93 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project. Mr. Rinaldi prc, scntexi information on this item. A copy of thc material used in his presentation is included in thc official rr, c, ord of this meeting. Motion by Ms. Singer to approve the purchase of land interests contaildng 57.93 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 27A. Approve Amendment to contract for the purchase of land interests containing 480 acres, more or 1~, in Palm Beach County, Everglades Construction Project, STA-2, and the purchase of land interests containing 1,233.18 acres, more or less, in Palm Beach County, Water Management Area and authorize the Executive Director or his designee to execute the Amendments. Mr. Rinaldi prc,~ntexi information on this i~m. A copy of the martial used in his presentation is included in the official record of this tnccting. GOVERNING BOAP,.D REGULAR MEETING APKIL 10, 1997 PAGE 11 Motion by Mr. Berger to approve Amendment to contract for the purchase of land inter, ts containing 480 seres, more or less, in Palm Beach County, Everglades Construction Project, STA-2, and the pm'chaze of land interests containing 1,233.18 acres, more or less, in Palm Beach County, Water Management Area and authorize the Executive Director or his designee to execute the Amendments. Motion approved. 27B. Approve an amendment to the Application for Federal Assistance and Grant Agreement FB2 with the U.S. Department of the Interior to increase the grant award from $1,545,130 to $3,100,000 for the purchase of land interests containing approximately 1,233 acres, more or less, in the Water Management Area Project Mr. Rinaldi presented information on this item. A copy of the material used in his pre.~ntation is included in the official record of this meeting. Motion by Mr. Berger to approve an amendment to the Application for Federal Asdstance and Grant Agreement FB2 with the U.S. Department of the Interior to increase the grant award from $1,545,130 to $3,100,000 for the purchase of land interests containing approximately 1,233 acres, more or less, in the Water Management Area Project, and approve an amendment to Grant Agreement FBI with the U.S. Department of the Interior to increaze the grant award by $18,466,077 for the purchase of land interests containing approximately 4~00 acres, more or less, in the East Coast Buffer Project Motion approved. 27C. Approve the purchase of land interests in the Fisheating Creek Project in an amount not to exceed $5 million. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Chairman Williamson sugg~tcd that the Board defer action on this item until later in the meeting. Board Members agreed. ~. End of Public Hearing : PUBLIC COMMENT Ms. Nanciann Rcgalado, National Audubon Society, commented on the proposed development of Homestead Air Reserve Base. She r~d her organization is not opposed to the project, but is concerned about secondary and cumulative impacts on the ama. Ms. Terrie Bart..s, Dh'cctor, Regulation Department, said staff shares thc concern that the project go forward in a manner that is sensitive to the surrounding ama. GOVERNING BOARD RF. GULAR MEETING APRIL 10, 1997 PAGE 12 16G Mr. Brian Hunt, Florida Biodivermity Project, commented on issues involving the Florida panther. He noted that Alieo Farms has applied to the District for Surface Water Management. Water Use ,,,d Eaviroumeutal Re.source permits. Mr. Hunt said the project for which Alico is ,w. eking permits would allow agricultural development of land that is now priority habitat for the panther. ~, Ms. Bates said the District recently SeXluired a portion of tbe Ocaloacoochee Slough from Alico Farms, which is prime panther habitat. Mr. Hunt said Alico has viable options to develop the project elsewhere. Ms. Irene Kennedy Quincy, representing Alico Farms, ~aid her client has worked closely with the District for the purchase of the Ocaloacoochee Slough, and is moving forward with the District on a plan to acquire additional portions of the slough. She said the permit application would permit agricultural land to be used for citrus production. REPORT FROM ADVISORY COMMrrrE~ Ms. Nanciann Regalado, Chairman, Environmental Ad~ Committee, presented the report. A copy of the material used in her presentation is included in the official record of this meeting. 28. OMBUDSMAN'S REPORT Mr. Richard F.. Williams, District Ombudsman, pre,mented the report. A copy of the material used in his presentation is included in the official record of this meeting. OKEECHOBEE SERVICE CENTER 29. Authorize entering into a cooperative agreement with the Florida Department of Corrections (FDOC) to provide inmate work crews for mpport,0f land stewardship and operations sad maintemmc~ activities at no co6t to the District Mr. John I. Morgan, Ir., Director, Okeechobee Service Center, presented information on ~ item. A copy of the material used in his presentation is included in the official record of this meeting. Board Members expressed concern about the liability that could be incurred by the District under this agreement. Mr. Pcttis asked that aetinu on this item be deferred until May to allow Office of Counsel to review the liability issues and report back to the Board. GOVERNING BOARD RF.G~ MEL=TINo APRIL 10, 1997 PAGE 13 16G OFFICE OF COUNSEL Authorizz extension of a r~zrv~tion of postamdon under · settlement ~r~anent of an eminent domain s~ction styled uth ?o~da ~ment District v Ms. Ruth Clements, Senior Attorney, Office of Counsel, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Clements said staff recommends approval. Motion by Ms. Singer to anthorize extension of a reservation of possession under a settlement agreement of an eminent domain action styled ~ em nt ct v Fi r-A Motion approved. Moved from Con,tnt Agenda Item #I$ 30A. Approve an interim sgreement with Florida Power & Light WI'L) to perform work within FPL's easement for STA 6 Section 1. Ms. Clements presented information on this imm. A copy of the material used in her presentation is included in the official record of this meeting. Motion by Ms. Carter to approve an interim agreement with Florida Power & Light (FPL) to perform work within FPL's easement for STA 6 Section 1. Motion ,,pproved. Ab~afln - Mr. Berger. PUBLIC COM2V~NT Mr. Start Bronzon, Callery-Judge Grove.s, presented information on the Palm Beach County Growing Tours program. A copy of the material used in his prese"~tation is included in the offici~ record of this meeting. ECOSYSTEM RESTORATION DEPARTMENT 31. Authorize entering into a contract with The Murphy Construction Corporation for the construction of STA-1 Inflow & Distribution Works. Mz. Jennifer Jorge, Deputy Director, Everglades Construction Project, presented information on this item. A copy of the material use in her prezentafion is included in the official record of tl~ meeting. OO~ BOARD ~ULAR MEE'HNO APRIL 10, 1997 PAGE 14 160 Motion by Ms. Singer to authorize entering Into a contract with The Murphy Construction Corporation for the construction of STA-1 Inflow & Distribution Works, In the amount of $6,488,000, of which $2,181,666 is budgeted for FY97, and the remaining anmunt of $4,.306,334 ts subject to Goverulng Board approval of the FY98 and FY99 budgets. [EC02] (CCNA, Contract Number C-Elll). Motion approved. Moved from Con~ent Agenda Item t/14 3lA. Authorize amending the contract with Stanley Consultants, Inc., for professional engineering services associated with STA 1 Inflow & Distribution Works construction support services. Ms. Jorge presented information on this item. A copy of the material use in her presentation is included in the official record of this meeting. Motion by Mr. Pettis to authorize amending the contract with Stanley Consultants, Inc., for profeadonal engineering services associated with STA 1 Inflow & Distribution Works comtructton support services in a mt. to-exceed amount of $.580,000 of which $90,000 is budgeted for FY97, and the remaintng amount of $490,000 is subject to Governing Board approval of the FY98 and FY99 budgets. [EC02] (CCNA Contract Number C- E104-A3). Motion approved. PLANNING DEPARTMENT 32. Authorize entering into a cost4haring agreement with the Monroe County Board of County Commissioners as part of a $2.2 million multi-agency initiative directed by the Office of the Governor for wastewater master planning. Mr. David Thatcher, Director, Lower West Coast/Special Projects Division, Planning Department, pre.seatexl information on this item. A copy of tl~ material use ia his presentation is included ia the official record of this mcefing. Motion by Ms. Singer to authorize entering Into a cost4hadng agreement with the Monroe County Board of County CmnmlMoners as part of a $2.2 million multi-agency initiative directed by the Office of the Governor for wastewater master planning in the amount of $1,000,000, of which $.500,000 is budgeted and $500,000 ts contingent upon approval of the FY98 and FY99 budgets by the Governing Board and recelpt of monies from the Florida Depart~w. nt of Transportation (AIHgator Alley tolls). (Contract Number C.8789), Motion approved. 16G C.~~O BOARD REGULAR MF. EUNO APRIL 10, 19~ PAGE 1 ~ CONSTRUCTION AND LAND MANAGI/MENT DEPARTMENT SZA. Com/deration of a commitment to the U.S. Army Corl~ of Engineers (COE) to offset any adverse impact~ to the mit/gaflo~ permitted by the COE for the Sunset Lakes residential development pro]ecL Mr. John Fumcro. Assistant C, cncral Counsel, Office of Counsel. pre~nted information on this i~m. A copy of the material use in h/s prcsentatlon is included in thc off]chl record of this mccting. Mr. Fumero said staff recommends appwval. Mr. Dennis M¢le, representing Sunset Lak~ encouraged the Board to approve this item. Ms. Nanciann Regalado, National Audubon Society, said a regional management plan is meAed. She ~ald approval of this item will ~llow mitigation to be permitted before a deu:rmination is made az to how the land w~! be used. Mr. l~ttis ~a/d this item is an excellent example of cooperation among thc interested partie~. Motion by Mr. Pettis to approve a commitment to file U.S. Army Corps o! Engineers (COE) to off.~t any ~lvex~ lmp~t~ to the mitig~ion permltmi by the COE for the Sumet IAkes r~identi~d development project lo,ted in Brow~rd County, and to accept, umler ~ifl~ conditiom pm:~le~t, fee owmrddp of Section 2~ - the Sunset Lakes mitigation parcel. Motion approved. Board Members agreed to co,uider the afternoon cogent agenda at thir time. 1 AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. Additlom, Deletions, Subztimtiom Ms. Texrie Bate.% Director, Reguhtion Department, noted the following changes handed out az additional backup to Items 38 and 39 of the Afternoon Con.~nt Agenda: RIGHT OF WAY OCCUPANCY Kaufmann Holdings (page 3, paragraph 14): Change authorization to re. quest approval of waiver of District criteria which governs required minimum vertical clearance of pil¢-support~ fadl/ticz GOVERNB40 BOARD REGULAR MEEI'I~O APRIL 10, 199'7 PAGE 16 166 PERMIT APPLICATIONS Water Use Palm Beach County System 3 Multipurpose Well (page 13, paragraph 5): Addendum to revise limiting condition 33, approval ~ubjec~ to no objections by April 23 Surface Water Management Ft. Lauderdale-Hol]ywood Airporl/NE Comer (page 1, paragraph 2): Postponed w May 15 Board Environmental Resource Country ~ Sessa Parcel (page 1, paragraph 1): Addendum to revise special condition 12 to ~et aside 39.5 out of the 49.8 exce~ mitigation credits as compensation Autumn Woods (p~g¢ 3, paragraph 1): Approved subject to no objections by April H~wk'~ N~t F'~r~t Addition (page 4. p~.ragr~ph 1): Approv~l sub~cct to no objections by Apr/l 16 Sevilla Extate~ (page 5. paragraph 4): Approval ~ubjec~ to no objections by April 16 The Reserve a~ Doral (page 5, paragraph 5): Paftponed to May 15 Board Reynolds Farms (page ?, paragraph 1): Addendum to delete ~pecial condition 18. approval subject to no objections by Apn~ 24 Surface Water Management Extension 1-75 Recre. afi~ Acce~ at MM 49 (page 16, paragraph l): Approval subject to no ob~-tions by April 24 Consent Agreements Puder Holmes at Grove Isle, Inc. (page 18, paragraph 1): Postponed to May 15 Board Southeast Inve.stmcnts of Palm Beach (page Board GOVERNINO BOARD P. EGULAR MEE'I~G APRIL 10, 1997 PAGE 17 Riverwalk of the Pa~n Bea~he~ Development Compnny, Inc. (page 18, paragraph 4): Postponed to May 15 Boaxd Petiflort~ Ierry Arzy and Ia~k Thomas (page 21, paragraph 1): Withdrawn leremy B. Meyers {Page 21, paragraph 2): Added Water Shortage Vsrtsnce Caloosa Yacht and Raextuet Club, Inc. (page 23, paragraph 1): Added B. Abstentions There were no abstentions. C. Pull Items for I)iscu~on No items were pulled. D. Motion to Approve Afternoon Consent Al~enda Motion by Mr. Pe~s to approve the Afternoon Consent Agenda. Motion approved. The following itern~ were approved a~ part af the Afternoon Con~ent Agenda. FTERN N ' 38. Con.siderafion of Consent Agenda for Governing Board approval w~ iaclude..s Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occup~ Permit Modifications Right of Way Occupancy Permit Applications for Waiver of Applicafiou Proc. es.sing Fee Right cf Way Occupancy Permit Applications for Waivea' of Disa'ict Critm4a 39. Consideration of Consent Agenda for Governing Board approval which incimtes Regulatory items: GOVERNING BOARD REGULAR MEETING APRIL 10, 199/ PAGE 18 Water Use Permit Applications Sudace Water Management Permit Applications (including Conservation E,~,ment~) Environmental R~sourcz Permit Applications (including Conservation Easemcnm) ~' Everglades Works of thc Disuict Permit Applications D~nial of Application for Validation of Informal Wetland Dct~rminatlon Surface Wau:r Management Permit Ext~nslons Con.~nt Agreements Co rvaUon and l=lowage Easements m gaUon or ^umority P~titions for Administrative Hearing Wat,r use Variances Water Use Variance i nials End of Afternoon Consent Agenda Board Members agreed to consider item 40 at this time. AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS REGULATION DEPARTMENT Surface Water Management Permit 40. Consider a request by Greater Orlando Aviation Authority for the issuance of a Surface Water Management Permit for Conceptual Approval Modification for Orlando International Airport, Orange County. Mr. Marc Ady, S~nior Supervising Professional, Orlaado S~rvice C~nt~r, pre.scnted information on this item. A copy of th8 material used ia his prr.~ntation is iacludcd in th~ official record of this me. ting. Mr. Ad¥ raid ~aff re. commends approval. Mr. Duk8 Woodson, Grr. at~r Orlando Aviation Authority, said his agency agrees with staff's recommendation. Motion by Ms. Carter to approve a request by Greater Orlando Aviation Authority for the issuance of a Surface Water Management Permit for Conceptual Approval Modification for Orlando International Airport, Orange County. Motion approved. End of Mternoon Agenda 16G c~~O BOARD REGULAR MEETING APP~ 10, 1997 PAGE 19 Board Members returned to the Morning Discussion Agenda and agreed to conzider item 37 at this time. 37. Everglades Construction Project Update Mr. Miller Andre. ss, Dkector, Everglades Construction Project, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Berger asked that staff separate out the construction budget from the operations budget for this project. Mr. Pettis recommended that staff, within the next two weeks, set up public meetings to present staff's commentary on the funding for this project. A. Approve staff recommendation with regard to land acquisition in STA1 East. Mr. Bill Malone, Director, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Malone said staff recommends that the District proceed with this acquisition. Mr. Jim Harvey, representing landowners Shuttsi Bowen, urged the Board to approve this item. He said doing so will avoid litigation. Ms. Barbara Markham, General Counsel, said that legal staff had determined that the litigation threatened did not have support in Florida law. Ms. Rosa Durando, Audubon Society of th6 Everglades, said the District should seek reimbursement for this project from the U.S. Army Corps of Engineers COS~ACE). Mr. Thomas Callan, representing landowners Busbee, Wilkins, agreed with staff's recommendation. Motion bl Mr. Pettts to direct staff to proceed with the scxiuisitlon of property for STA1 ~ with the proviso that staff not proceed with construction of STA1 East un61 reimbursement Is received from the Federal Government. Motion approved. Aye - Chairman Willlamson, Mr. Pettis, Mr. Machek, Ms. Singer, Mr. Berger, Mr. Minton, Ms. Carter. Naif - Mr. Graham. Absent - Mr. Hammond. This item was deleted. 16G 1" . GOnG BOARD P, EOXR.AR ~O APRIL 10, 199/ PAGE 20 C. Discussion of the expnndon of STA-1E to incorporate that area south of Canal 51 nnd north of the currently proposed STA-1E northern boundary (approximately 715 aa-es) and consider additional expnmton options, Mr. Alan Hall, Director, Ecosystem R~storation Department, presented information on this item. A copy of the material used in his prcser/'{ation is included in the official record of this muting. Ms. Elaine Usherson, The Sierra Club, expressed concern about the expansion of the C-51 West canal. She said Florida taxpayers should not have to pay for cleaning pollution from thc 298 District. Mr. Dan Shalloway, Indian Trail Water Control District 0TWCD),. said his agency supports the proposed expansion. Mr. Peter Breton, representing Acme Improvement District, asked that the Disu-ict ensure that the flexibility to impkment Basin B alt~mative~ not be lost Ms. Rosa Durando, Audubon Society of the Everglades, expressed concern that the proposed expansion would allow additional development in th~ area. Ms. Tracy B~nnctt, representing Acme hnprovemcnt District and the Village of Wellington, said Acme and the Village of Wellington wish ~o participate in this project. Mr. Tom MacVicar, representing C-139 hndowner~, expre.s~d concern abou', flood control in the we. stem basin. He suggested that a solution could be achieved without flooding the Rotenbergcr Tract by flowing water south of th~ area. Mr. Miller Andress, Director. Everglad~ Construction Project, said staff will study Mr. MacVkar's suggestion. Board Member$ returned to comideration of item 27C. Chairman Williamson opened tbe public hearing. ~/C. Approve the imrchase of land interes~ in the Fl~eattng Creek Project in an amount not to exceed $5 million. Mr. Malon~ presenmt staff's rvfir~d recommendation that the Board: 16G 1: GOVERNING BOARD REGULAR APRIL I0, 199~ PAGE 21 Approve the purchase of land interests in thc Ir~shcating Cr~k Project in an mount not to exceeg $5 million. It is thc intent of this authorization that the funds provided by the District bc u.scd primarily for acquisition of Conservation casements in the ama of the dispute b~tween Lyke~ Bwthera, Inc. and the State of Florida regarding Fishcating Cr~k. This authorization prohibit~ District participation in any other obligations, other than the land ncquisition and the inherent responsibility to monitor the easements to ensure compliance with their t~rms. Specifically, no ongoing management wle in any 'fee con/dor' is authorized. This authorization includes delegation w the staff to negotiate and the Chairman to exe~t~ an agreement consistent with the above parame~rs. Motion by Mr. Better to approve staff's recommendation. Motion approved. Chairman Williamson closed the public heathg. WATER RESOURCES EVALUATION DEPARTMENT 32B. Water Shortage Update A. Report on Water Conditions Mr. l~ith Smith, ~r, Hydrogeology Division, Water R~sourc~ Evaluation Department, pre.~nt~ tl~ report. A copy of the mnterhl ~ in his presentation is included in th~ official record of this meeting. BOARD COMMENT Mr. Bcrgcr not~! that Bwwm'd County official have expre.s.scd concern about land acquired by the District in Broward County. He said staff should inform Broward County that the Disu-ict docs not inu:nd to develop those lands. Sugar Corporation, regarding specifications for ECP works and unit vs. lump sum pricing, Mr. P~tth asked that staff present information in May on the "risk factor' for ECP works. ~RT FROM THE ~ DIRECTOR 33. Legislative Ulxlate IV~ Kathy Copcland, Director, Office of Oovermncnt and Public Affairs, presented thc update. A copy of the material used in her pre,w..utation is included in thc oflicisl record of this meeting. APRIL 10, 1997 pAGE 22 Mr. Pool¢ pmsentezl th~ hi?,hlights. He nord that th~ annual r~port on thc £vcrgladcs Nu~¢nt R~moval Project has be~n publishexi. 35. Governing Board Follow-up Items Mr. Pool¢ said thc status of follow-up items were provided to thc Board as additional back-up. Update on Everglades Litigation Ms. Barbara Markham, Ge~ral Counsel, pre.,~nt~! th~ update. A copy of the material used in h~r pr~-,ntafion is included in the official record of this m~ting. End of Mornlni Discussion Agenda ADJO~ Them being no furt~r business to come before thc Board, thc meeting was adjourned at 5:15 p.m. QSouth Florida Water ~anagement District GOVERNING BOARD MEETING Open to the Pub/ir AGENDA 16G 1 Governing Board Meeting Wednesday, July 9, 1997 9:00 A.M. B-1 Auditorium 330~ Gun Club Road West Palm Beach, Florida CALL TO ORDER Note: Any item which appears on the Regular Meeting Agenda of Thursday, July 10, 1997, may be an item for discus=ion on thi~ meeting agenda. In the event of emergency conditions due to an imminent Tropical Storm or Hurricane, thi= meeting may I~e conducted by teleconference in order to take action on iterr~ listed on the Thursday, July fO meeting agencfa, including Regulatory/terns. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Annual Update to the Save Our Rivers Land Acquisition and Management Program (1 hour) Fred Davis, D/rector, land Stewardship, Construction & Land Management Department William F. Malone, Director, Construction & Land Management Department Bill Helf£e~fch, Sr. Supervising Planner, land Stewardship, Construction & land Management Department Update of July 2, 1997 Budget Workshop (20 minutes) Joseph M. Moore, Director, Budget and Procurement Office Status Report on the Upper East Coast Water Supply Plan (15 minutes) Mark Eisner, Senior Engineer, Upper East Coast/K/ssimmee Planning Division, Planning Department 166 July 9, 1997 Page 2 Management of Exotic Pest Plants on District Lands (30 minutes) Dan Thayer, D/rector, Vegetation Management, Operations & Maintenance Department **LUNCH** Review of Construction Facilities/Projects (1 hour} William F. Ma/one, D/rector, Construct/on and Land Management Department A/bert Basulto, Deputy Director;Construction, Construct/on & Land Management Department Update on acquisition of WCA parcels (30 minutes) William F. Malone, Director, Construction & Land Management Department PUBLIC COMMENT ADJOURNMENT Note: ~4 Meeting of the Audit Committee will be held following this Workshop Meeting. 1 mmrms oF A ~rma oF raz aovzam~a ~ozaw___o_F raz sotrra FLORIDA WA~ ~~ D~~ ~ AT DIS~ ~~U~~, 3301 G~ CL~ RO~, ~ p~ B~CH, ~~A ~~DAY. ~ 11, 1~7 9:~ ~M. The following Board Members were present: Frank William.son, Jr., Chairman William Hammond Eugene Pettis Richard Machek Miriam Singer Mitchell Berger Vera Carter Michael MinWn ~. Samuel E. Poole IH, Secretary CALL TO ORDER The Workshop was caned to order at 9:00 a.m. by Chairman Wflliamson. 1. Board questions for staff si)out shy items on the Thursday Regular or Regulatory Consent Agenda. Mr. Minton questioned items 27 and 35. Mr. Machek questioned items 15, 16, and 26. e Ms. Carter questioned item 27. closed door attorney-client session mcmau~ ~- - ,-~- modification of the 404 (Dredge and FflI) Permit and dispute resolution process in ~ 16G 1 June 11. 1997 Page 2 Ms. Barbara Markham, General Counsel, preaented lnfo~nation on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Markham said the District has received a Letter of Modification from the U.S. Army Corps of Engineers (USACE), which effects the modification of non-substantive changes requested by staff. She said substantive changes are not addressed in the letter. Mr. Netl McAllflY, U.S. Department of justice, commented on the Letter of Modification. He said substantive changes must be handled in a formal process. He said such a process is now underway, and federal officials will work with staff' on the details. Mr. McAlllly said the 404 permit does not change the basic ground rules for establishing phosphorus criteria. Mr. Pettis said he is concerned about the District's right to challenge the permit. Mr. McAlllly said the District would have a right to challenge the permit under the Administrative Procedures Act. He said federal officials are committed to working with the District to address the Boards co,ncems. Mr. Dexter Lehtinen, representing the Florida Bay Initiative and the MlccosukeeTribe of Indians of Florida, said the law that is involved with this issue is the Federal Clean Water Act. He said the that law is challenged, parties will have to seek resolution from the federal courts. Mr. Philip Parsons, representW-g the Florida Sugar Cane League, said the 404 permit is in conflict with the Everglades Forever Act, and is also in conflict with the Federal Clean Water Act. Mr. Gary Perko, Sugar Cane Growers Cooperative, said the Letter of Modification does not address the fundamental concerns that have been raised about the 404 permit. Mr. Rick Burgess, U.S. Sugar Corporation, expressed concern about the attorney-client session scheduled to follow discussion of this item. Ms. Rosa Durando, Audubon Society of the Everglades, urged the Board to proceed with dispute resolution, and to begin work on the Everglades Construction ProJect~ She suggested that the District develop a better method for communicating its achievements to the public. Mr. john Mitchell, National Audubon Society, said his organization !6G !' June 11. 1997 Page 3 supports the Boards request for modifications to the 404 permit. He said the permit is not in conflict with the Everglades Forever Act. Mr. Poole suggested that the Board not hold the attorney-client session scheduled on today's agenda, and pursue a process of non-litigation on this issue. Chairman Williamson asked that staff present a clear update on this issue each month. Motion approved. Responding to comments by Mr. Phil Parsons, Florida Sugar Cane League, that thc permit is in conflict with the Everglades Forever Act and the Federal Clean Water Ack Chairman Williamson asked that Mr. Parsons detail those conflicts in writing and that staff review that document. This item was deleted. 4 Board Members agreed to delet~ ltem 6A, and t° e°nsider item 6B at thls ttrn~' 6~--~. B. Reengineered Procurement Process Ms. Jill Womble. Director, Enterprl~ Design, Office of Enterprise Engineering. presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. 16G 1" ~ Bom'd Meettn~ ,June 11, 1997 P~¢ 4 Mr. Machek suggested that staff make sure that all Department heads sign off on the proposed process. Ms. Andrea Holtz, Supervis~g Engineer, Construction and Land Management Department, presented information on continuing contracts. Ms. Carter asked that staff review the threshold amount that triggers the re-bidding of a continuing contract and report back to the Board on this issue. Discussion on this item was ~ooztlx~t in the Keys by Channel 16. 5. Consideration of the R~eommended Order in ~ DOAH Case Nos. 95-5525, 95-5526 and 92-5527. Ms. Barbara Markham, General Counsel, served as counsel to the Goveming Board in this case. She said this item pertains to the proposed widening of U.S. Highway 1 in the Florida Keys. She said the Board may accept, modify or reject the findings of fact, conclusions of law, and recommendation of the Administrative Law Judge in the case, and must take final action on the Environmen~ Resource Permit modification applied for by the Florida Department of'IYanspor/ation. Ms. Markham recommended that the Board accept the responses to exceptions filed by Florida Department of Transportation. Monroe County and District staff, and that the Board adopt the response to exceptions filed by Florida Department of Transportation, Monroe County and District staff in its entirety. A copy of the detailed recommendation made by Ms. Markham is included In the official record of this meeting. Ms. Markham sa~d the Board is constrained by law from taking any public comment on this item. She noted that a number of residents from the recorded in the official record. A list of members of the public who attended in response to this item is included in the official record of this meeting. Ms. Markham said the Board will now hear oral arguments from attorneys representing petitioners and respondents. She noted that each side 16G June 11. 1997 Pag¢5 will bc given 20 minutcs to present their argumcnts. Thc foUowing prcsentcd oral arguments on bchalf of thc pcUtioncrs: Mr. Dexter I~Jatincn, counscl for Florida Bay Initlativc, Inc. Mr. Richard Grosso. counsel for 1000 Friends of Florida. Inc. Mr. Grog Goldfarb, counsel for Florida Keys Citizcns Coalition The following presented oral arguments on behalf of thc respondents: Ms. Susan Martin, Sr. Attorney, Office of Counsel, for SFWMD Staff Mr. Daniel Thompson, counsel for Florida Department of Transportation Mr. Robert Apgar, counsel for Monro~ County Board Members discussed the issues raised by both sides. Mr. Minton asked if the proposed widening of U.S. Highway 1 is necessary for hurricane evacuation purposes. Mr. Thompson assured Board Members that the project is needed for public safety reasons. Mr. Hammond, Ms. Carter and Mr. Machek opposed approval of the permit application, citing their concerns about the effect of the proposed project on adjacent wetlands. Motion by Mr. M~chek to deny the Environment~l Resource Permit Application by Florids Depsutment of Tr~nsport~tion. Chairman Williamson, Mr. Pettis, and Ms. Singer said they could not support denial of the permit, due to concerns about the effect on public safety. Motion fidls due to ]~k of a m~orlty. A~e - Mr. Hsmmond, Ms. ~. Mr. Msohek. l~y- ~ Willl~ml~m, Ms. 8lager, Mr. Pettts, Mr. Motion by Mr. Pettis to ~dopt the Reoomm~ Ozdez ~nd to reject the petitionex's ex, optics f~r x~soas set forth in Geaersl Counsel's singer, Mr. Pettts, Mr. Mlnton. &linear- Mr. Orshsm, Mr. Berger. Nay o Mr. Hammond. Ms. Csrter, Mr. M~chek. 1 C.~vemmg Board MeeUng J~ell. l~? P~e6 1613 1 There being no further business to come before the Board, the meeting was adjourned at 4:00 p.m. QSouth Florida Water Management District GOVERNING BOARD MEETING Open to the Pub/fi' AGENDA GOVERNING BOARD MEETING Thursday, July 10, 1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida Note: Any item which appears on the Worl~hop Agenda of Wedrmsday. July 9, 1997, may be an item for discussion or action on ~ MeefJng Agenda. All or part of this rneeUng may be conducted as a teleconference in order to permff maximum participation of Governing Boanf Members. CALL TO ORDER Ao Inspiration: Sandy Jurban Pledge of Allegiance to the Flag of the United States of America Presentations: · Ms. M*giarn Singer, Chairwoman of the Human Resources Committee ~ recognize June's Employee of the Month - The Budget System Development Team Approval of the Minutes of the Governing Board Meeting of June 11, 1997 and the Governing Board Regular Meeting of June 12, 1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for August Workshop. 3. Accept the Audit Committee report, including recommended actions. Goveming Board Meeting July 10, 1997 Page 2 MORNING CONSENT AGENDA wL~lng to speak on one o( th~se Issues should comple~ a speaker card and submit It to the Distrk:t such Items for individual discussion later on the agenda. B. Pull ltenm for dl~cusslon. Motion to Approve the Consent Agenda except for Items pulled for discussion. (Items pulled will be considered by l~e Board under fire Discussion agenda) BUDGET OFFICE 4. Approval of Budget Transfers. BIG CYPRESS BASIN 5. Authorize entering into a cooperative agreement with CoMer County Public Works Division for a Gordon River Extension Basin Study to analyze the hydrologic characteristics of the basin in the amount of $183,333 of which funds are budgeted, and authorize a budget transfer from a dedicated Managerial Reserve Account to Interagency Expenditures - Local Government Account. (Contract Number C-8706) 6. Authorize entering into a cooperative agreement with City of Everglades City for a water conservation mon~ plan in [he amount of $88,500 which is budgeted, and authorize a budget transfer from a ded'mated Managerial Reserve Account to Interagency Experxf~ures - Local ~ Account. (Contract Number C-8707) 7. Authorize entering into a cooperative agreement with Florida Water Services Corporation (FWSC), also known as Southern States UfJT~ies, for the implementation of a muse project to provide reclaimed water for irrigation to high amount of $300,000 for which funds are budgeted. (RFP C-T/93, Contract Number C-8814) FORT 8. MYERS SERVICE CENTER Authorize entering into a cooperative agreement with Lee County Board of County Commissioners for the construction of a bridge to replace the existing bridge at Bourbonierre Street, in the amount of $400,000 for which funds are budgeted. (Contract Number C-8962) 16G Governing Board Meeting July 10, 1997 Page 3 MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 9. Recommend approval of Telecommuting Policy 03.4100 and continuation of the Alternative Work Schedule Pilot program until January 1, 1998. 10. Authorize the donation of additional surplus computers to schools and 501C organizations who have education as their basic mission. 11. Authorize the donation of a surplus office trailer to the Okeechobee Corrections Facility and subsequent removal from the asset records. 12. Authorize the demolition and subsequent removal from the asset records of 4 block buildings, 2 wood frame buildings, 2 single-wide trailers, 1 pole barn, 1 metal shed and various site improvements located on Kissimmee River Restoration Properties. 13. Authorize the demolition and subsequent removal from the asset records of a surplus single-wide mobile home located at S-65B. 14 Authorize waiving Competitive Procurement Standards and amending an existing contract with B & D Development fc~r the lease of 10,800 square feet of office and warehouse space, in the amount of $85,065, for which funds are subject to Governing Board approval of the FY98 budget. (Contract Number C-5192-A4) 15. Authorize entering into a contract with Kenneth W. Cooper for the lease of a single family dwelling located at Route {t8 and Sandhill Crane Road, Lorida, Florida, in exchange for off-duty law enforcement services at Hickory Hammock for a three year period. (Contract Number C-8398) OFFICE OF ENTERPRISING ENGINEERING 16. Authorize renewing a contract with SAS Institute, Inc. for software licensing for an additional ten months in the amount of $48,460 for which funds are budgeted. (Requisition Number RX X704822) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 17. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non-use commitments. Governing Board Meeting July 10. lg97 Page 4 18. 19. 20. 21. 2, 23. 24. 25. Authorize delegation of approval and execution authority to the Executive Director, or h~s designee, for Assignments of and Amendments to Agreements for Sale and Purchase of Land Interests, Leases and Reservations. Authorlze a partial assignment of an Agreement for Sale and Purchase by and between the Estate of Edna Pearce Loc. kerf (ESTATE) and South Florida Management Distri~ (SFWMD) dated 02/17/93, allowing access/use of Canals 41 and 41A and Structures 82 and 83, by a partial assignment of any and all rights contained in Exhibits E and F of said Agreement to O. L. (Buck) Daniel (DANIEL), at no cost to the District. Authorize entering into a land management lease for the management of Site 1, East Coast Buffer, Palm Beach County, in the amount of STBD, as revenue to the District, subject to approval of proposed use by U. S. Department of Interior. (Contract Number C-8326) Re-authorize entering into a revenue contract with Mariner Properties Development, Inc., to estabr=h the Corkscrew Mitigation Bank in order to permit the project, restore the land, recover land acquisition costs, staff costs and generate a revenue stream for future projects. (Contract Number C-8302) Approve the surplus of land interests and exchange of land interests with the Lake Worth Drainage Distrk~ in association with the Loxahatchee Mitigation Bank. (Contract Number C-8334) Authorize entering into a contract with Murray Logan Construction, the lowest responsive and responsible bidder, for the restoration of approximately 1,760 linear feet of canal bank along the C-23 Canal, downstream of the S-97 structure, in the amount of $124,100, for which funds are budgeted. (Contract Number C-8008) Authorize entedng into a contract with Omega Contracting, Inc., the lowest responsive and responsible bidder, for the restoration of approximately 3~90 linear feet of canal bank along the C-24 Canal, downstream of the S-49 structure, in the amount of $191,944, for which funds are budgeted. (Contract Number C-8009) Authorize entering into a contract wfth L & D Nursery, the lowest responsive and respons~le bidder, for the removal of approximately 1,500 tone of waste material from the Loxahatchee Cleanup site, in the amount of $56,250, for which funds are budgeted. (Contract Number RX-X703168) 168 1I Governing Board Meeting Ju~/10, lg97 Page 5 28. Authorize amending a contract with Craven Thompson and Associates, Inc., for architectural and engineering services during the construction phase of the Ft. Lauderdale F~ld Station Project, in the amount of $13,192.67, to be reimbursed to the Dist~ct, and extend the contract by four hundred and eighty (480) days retroactive to 05/04/96. (Contract Number C-5022, Ag) OPERATIONS AND MAINTENANCE DEPARTMENT 27. Authorize sole source exception to the General Standards for Competition to purchase parts for Fairbanks Morse engines from Coltec Industries for a pedod of three years. ECOSYSTEM RESTORATION DEPARTMENT 28. Authorize amending a contract with Prescott Follett & Associates, IncJBrown and Caldwell, a joint venture, for the detailed design services associated with pumping station G-335 to retroactively extend the period of performance for Phase 1 by 210 days at no add'~donal contract cost [ECP-03] (CCNA, Contract Number C-E200-A2). 29. Authorize amending a contract with the U.S. Army Corps of Engineers (USACE), Waterways Experiment Station (WES), for a study using an underwater, hydroacoustic remote sensing device to map the distn'bufion and abundance of soagmss in the Caloosahatchee Estuary, to retroactively extend the contract by nine months, and revise the scope to include add'~:~al sampling and data transfer in the amount of $16,000 which is t.mbudgeted; and aulfK)rize a budget substitution in the same amount from Modeling/Other Technical Services to Interagency Expenditures - Federal. (Contract Number C-7614-A1) 30. Authorize entering into a contract with Poinciana Utilities, Inc., (PUl) to provide waste water service to Hatchineha Estates Subdivision area in the amount of $234,635, of which $157,885 i~ budgeted; and authorize a budget transfer in the amount of $76,750 from the ~ and Land Man~ Department, Real Estate Division, Land and Land Improvements to Permits and Fees. (Contract Number C-8611) 31. Authorize entering into revenue contract with the Florida Department of Envimnmantal prOtection (FDEP) to receive funding under an approved Section 31g Grant as the Environmental Protection Agency' s cost-sham portion to fund the Chemical Treatment Followed by Solids Separation Demonstration Project in the amount of $400,000. (Contract Number C-E8623) Governing Board Meeting July 10, 1997 Page 6 32. Authorize entmtng Into a contract with Florida State University (FSU) to determine phosphorus sources and speclation in the Everglades Nutrient Removal (ENR) project and Water C, oneewa~n Area 2A in the amount $185,000, of which $60,000 is unbudgeted in FY97 and the remainder is subject to Govemlng Board approval of the FY98 ($125,000) budget (Contract Number C-E8825). PLANNING DEPARTMENT 33. Request Goveming Board authorization to create a Caloosahatchee Water Management Plan Advisory Comm~ee chaired by William Hammond, Governing Board Member. End of Morning Consent Agenda PUBLIC COMMENT (May be moved to fotlow Public Hearing) Opportunity for rnembe~ of the public to dLscu~ rnatter~ of Interest which are not on the agenda. Note: The Board will discuss these Item~ Individually In Ihe order listed. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Approve the purchase of land interests, including structures and improvements, containing 69.08 acres, more or less, in Dede County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Enviro~l Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director- Consbuction & Land Management 35. Approve the purchase of land Interests containing .41 acres, more or less, in Polk County, Kisstmmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director,, Land- Construction & Land Management Governing Board Me. ting July 10, 1997 Page 7 Approve the purchase of land interests containing 117.10 acres, mom or less, in Dade County, Model l.and~ BaSin Project and C-111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisltlon and associated costs. Chades R. Rinaldi, Deputy Dimcfor; Land- Construction & Land Management 37. Consider acquisition of SOR lands. End of Public Hearing PUBLIC COMMENT (~vlay be con~nued at thl= time If not conlptete prfor to the Pubr~c Hearing.] BOARD COMMENT Opportunity for Board members to discuss matters of interest which are not on the agenda. REPORT FROM ADVISORY COMMITTEES 38. OMBUDSMAN'S REPORT Richard E. Williams, Disfrict Ombudsman DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT The Everglades Construction Project Update will be the first item of business discussed after the lunch break. 39. Everglades Construction Project Update Mffler Andress, Direcfor, Everglades Construction Project Governing Board Meeting July 10, 1997 Page 8 40. 41. 42. 43. 45. Authorize entering into a contract with Seward Ship's Drydock, Inc., for the purchase of two, used Fairbanks Morse 38D8-1/'8 opposed-piston,10-cylinder, blower-driven engines for use in pumping station G-310 in the amount of $100,000, for which funds are budgeted [EC02]. (Contract Number C-E205) Jennifer Jorge, Deputy Director, Everglades Construction Project (15 min.) Authorize entering into a contract with Purcell Equipment Services for the purchase of six, used Fairbanks Morse 38D8-1/8 opposed-piston, six-cylinder, blower-driven engines, four engines for use in pumping stations G-310 and G-335, and two engines for spare parts, in the amount of $85,000, for which funds are budgeted [EC03] (Contract Number C-E206). Jennifer Jorge, Deputy Director, Everglades Construct/on Project (15 min.) Authorize amending the contract with Hutcheon Engineers, a division of Kimley- Horn and Associates, Inc., for professional engineering services associated with STA 1 West constnJction support services in a not-to-exceed amount of $1,731,440, of which $123,587 is budgeted in FY97, and the remainder is subject to Governing Board approval of the FY98 ($1,476,000) and FY99 ($131,853) budgets. (CCNA, Contract Number C-E101-A5) Miller Andress, Director, Everglades Consb'uction Project Authorize entering into a contract with a contractor to be determined for the construction of STA-1W Works in an amount to be determined, of which $6,179,348 is budgeted in FY97, and the remaining $ Is subject to Governing Board approval of the FY98 and FY99 budgets [EC02]. (Contract Number C-E107) M/ller Andress, Director, Everglades Consb'uction Project Authorize amending the contract with Brown and Caldwell for professional engineering services associated wfth STA2 construction support services in a not- to-exceed amount of $2,816,101, of which $131,830 is budgeted in FY97, and the remaining $2,684,271 is subject to Goveming Board approval of future fiscal year budgets; and authorize extending the period of performance by 100 calendar days. (CCNA, Contract Number C-E201-A7) M~7ler Andress, Director, Everglades Construction Project Authorize entering into a contract with a contractor to be determined for the construction of STA-2 and WCA-2A Hydropattem Restoration Works, in an amount to be determined, of which $6,591,483 is budgeted for FY97, and the remaining $ is subject to Governing Board approval of the FY98 and FY99 budgets [EC03]. (Contract Number C-E208) Miller Andress, Director, Everglades Construction Project 16G Goveming Board Meeting Ju~ 10,1997 Page 9 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 48. Approve the purchase of land interests, containing 5 acres, more or less, in Palm Beach County, Field Operations Center, in the amount of $800,000, of which $400,000 is subject to Governing Board approval of the FY98 budget, and approve a budget transfer in the amount of $400,000. William F. Malone, Direcfor, Construction & Land Management Department OPERATIONS AND MAINTENANCE DEPARTMENT 47. Authorize a settlement agreement of the federal I'~gation styled Indian Trail Water Control District v. South Flodda Water Management District, currently on appeal in the U.S. Eleventh Circuit Court of Appeals, Case No. 97-4050 and approve the Memorandum of Agreement between the South Flodda Water Management District and the Indian Trail Water Control District regarding operational conditions for discharges into the C-51. (10 minutes) Kent Loftin, Chief Consulting Engineer, Executive Office Ruth Clements, Senior At~omey, Office of Counsel, OFFICE OF ENTERPRISE ENGINEERING 48. Authorize entering into an agreement with BellSouth Cellular Corp. to convert three of the Districts microwave pathways to a new frequency, at the sole expense of BellSouth Cellular Corp.; and provide $425,000 per pathway as revenue to the District; and provide an additional $200,000 to fund District labor and consulting costs associated with condensing the post acceptance period from one year to ninety (90) days, for a total revenue amount of $1.475 million. (Contract Number C-8968) Trevor Campbell, Director, Office of Enterprise Engineering PLANNING DEPARTMENT 49. Approve an agreement with Ronald Bergeron regarding the Gulfstream parcel in Broward County, and authorize staff to withdraw previously raised objections on the amendment to the Broward County Comprehensive Plan. (Contract Number C- 8765) (15 minutes) P. K. Sharma, Senior Planner, Lower East Coast Planning D~'sion, Planning Department REPORT FROM THE EXECUTIVE DIRECTOR 50. Water Management Highlights Samuel E. Poole III, Executive Director Govemlng Board Meettr~ July 10, 1997 Page 10 168 51. 52. 53. Governing Board Follow-up Items Samuel E. Poole Iil, Executive Director Update on Everglades Litigation Barbara Markham, General Counsel Adopt Proposed Millage Rates for FY98 Joseph M. Moore, Director, Budget & Procurement Office End of Momlng Discussion Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. B. C. D. E. F. G. Add'Cions, Deletions, Substttu~x~ Abs~ Pull Items f<x Dixc3~ssion Motion to Approve Afternoon Consent Agenda, excep{ for items pulled for discussion AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not wish to ~ these Items tnd/vtduaSy and may approve them as a group. Anyone wishing to speak on one of these Items ~hould complete a speak~ card and submit it to the Distrfct ~ch Items for ~ dlsoJsston. A copy of the conaent agenda Js avalable upon request by contm=tfng the Regula~on Deparbr/ent at (561) 687.673~. 4. Consideration of Consent Agenda for Goveming Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria 16G 1' Governing Board Meeting July 10, 1997 Page 11 55. Consideration of Consent Agenda for Governing Board approval which Includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit ^pplications (including Conservation Easements) Everglades Works of the Distdct Permit Applications Wetland Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials Consent Agreements End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board w~'ll d'~4:uss individually in the order listed on the agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 56. Briefing on public access issue; C-51 at Spillway Park with regard to existing cross- fence and modification of Right of Way Occupancy Permit 9801. William F. Malone, Dimcfor, Construcb'on & Land Management Dept. Scott Glazier, Associate Atfomey, Office of Counsel REGULATION DEPARTMENT 57. Consideration of the Crestwood Lake Associates' motion to withdraw application for Surface Water Management Permit Modification. (DOAH Case 96-2890) Barbara A. Markham, General Counsel, for the Goveming Board Marcy L LaHart, Attorney, for the D/strict Staff End of Aftsmoon Agenda ADJOURNMENT MINu'rF~ OF A RF~ULAR MItrING OF THE GOVERNING BOARD OF ~ SO~ ~~A ~A~ ~G~ D~~ ~D AT O~ OF ~ D~~, 3~1 G~ ~ RO~, ~ P~M B~ ~A ~DAY, ~ 1~ 1~ 8:~ ~ Thc following Board Members were present Frank Williamson, .Ir., Chairman Richanl ~ William Hammond Eugene IC Pettis Miriam Singer William Graham Veva Caml' Mitchell Berger IW-ach~l Minton Samuel F.. Poole, EL Secretary CALL TO ORDER Chah'm~ WilUams~ called the m~ng ro ordcr ~ 8:30 am., foUowed by invocation by Ms. Andrea Holtz, and the pledge of allegiance to the Flag of the United Stales of Pres~t~Uo~s Miriam Singer, Chaitwon~ of the Hmmn Rer, otm~ Cotnngttee recognized May's Employee of the Month, Mr. Don Meddlin, Sr., Envinmmental Analyst, Orlando Service Cent~. Approval of Minutes Chairman W'flliamson noted corrections to the minutes handed out as additional back-up for this mccting. The corrections are incorporated into thc official minutes of the May 14, 1997 workshop and thc May 15, 1997 regular meeting. ~v~r~ng Board r~gular Meettng June 12. 1997 Motion by Mr. Hammond to approve of the Mlnute~ of the Governing Board Meeting of May 14, 1997 ~nd the Govemlng Board Regular Meeting of May 15,1997 as corrected. Motion approved. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions Changes are noted on the Revised Agenda for this meeting. A copy of the Revised Agenda is included in th~ official record. In addition, Mr. Phil Kochan, Senior Business Operations Analyst, Executive Office, noted that item 28 has been moved to the Morning Discussion Agenda. B. Abstentions Mr. Minton abstained on item 11. Mr. Graham abstained on item 16. MORNING CONS~qT AGI~tDA A. Pull items for discussion. Mr. Machck pulled item 16. Mr. ~ pulled item 13. B. Motion to Appr~e the Con~t Ag~d~ ~xcept for ltem~ pulled for discu~iom Motion by Mr. Grimm to approval the Moml~ Con.~at ~ as ~ Motion approved. The following iten~ were approved tu part of the Morning Co. ertl Agenda. BUDGe' OFFICE 3. Approved of Budget Transfers. 168 1 June 12, 1997 Pa~e 3 OFFICE OF COUNSEL Authorize amending a contract with Motchkavitz Engineering Company, to support the District's litigation position r~lated to properties within the designated boundaries of STA -IE, to increase funding in the amount of $50,000, for which funds are budgeted. [EC01] [Contract Number C-7046A2] Authorize amending a contract with Howard L. Searcy, P.E., a division of Lindahl, Browning Ferrari & Hellstrom, Inc., for continuing technical exImtis~ in the form of engineering comsultafion ia lazpixnt of the District's defen$~ ia Basor~ v. SFWMD, an inverse condemnation ~lion, to inert, nsc fimding in an amotmt of $20,000, for which funds have been budget~L (Contract Number C-6239A2) Authorize entering into a contract with Gloria O. North, P.A. for legal representation in a matter involving the collection of motmar~ smounts pursuant to a Final Judgment obtained by the District in Palm Beach County Circuit Court Case No. 94-7023 AH, styled "South Florida Water ~t District v. Hemy Yusem, individually and Henry Yusem, as Trustee", for an amount contingent tqxm coIIection of the judgement. (Contract Number C-a237 ) FORT ~ SERVIC~ ~ Authorize smending a contract with Gulf Utility Company for thc implementation of a reuse mixing system, to provide alternate aorta:cs for irrigation aml ~g potable water rr~aurc~ and to extend tl~ contr~ for one yr. ar at no ~ktitional cost. (Contract Number C-881 I-A 1) BROWARD COUNTY 8ER~ CENTER Authorize ~gaxliag · cooperativ~ ~mement with the City of Hollywood to provide financial assistam~ for the construction of · coastal hyd.*~'yuamic salinity barrier for · 12-month extension at no cost to the District. (Contract Number 7138-A2) 10. Authorize amending a contract with Broward County to extend the term of the contract for one year from June 30, 1997 to June 30, 1998 to complete comstruction of an aquifer storage and recovery well and to complete · surface water modeling study in Northern Broward County, at no additional contract cost. (Con~ac~ Nmnbor 3126-A3) 16G June 12, 1997 Page 4 MIAMI-DADE REGIONAL SERVICE CENTER MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 12. Authorize the demolition of building B-087 and subsequent removal from the asset record. 14. Recommend adoption of propo~ amendments to the Atmadanc~ and Le. av~ Policy No. 3.300. OFFICE OF ENTERPRISING ENGINEERING 16. Authortz~ entering into a co~tract with IKON Office Solutio~ for copy ret-vices at rates specified for the period luly 1, 1997 to Sun¢ 30, 2000, in amounta not to exceed funds which ar~ budgctcd and approval by the C-ovcrning Board for FY's 97, 98, 99, and 2000 budgem (Contract Number C-8354) CONSTRUCTION AND LAND MANAGEbIENT DEPARTMENT 17. Approve staff lzeomamadations for mlea.s~ of District canal, mineral and road re.sedations, r~leascs of T.LLT.F. canal rr~n'~ations sad issuances of non-use Approve thc partial ~ of ~ reservations over a portio~ of Tract 34, Florida Fruit Lands ~s Subdivision No. I, a aub~v~o~ ~ to th~ Plat thereof, ~ situat~ in Section 3, Township $3 South. Range 40 East, along the Miami Canal (C-6). (Tra~t Number AY-100-00~, Lyu Trucking ~) 21. Approve acceptance of n grant of a Conservation Easemem Deed over a 1 ~82 ac~ trac~ n k 16G 1" Governing Board Regular Meeting June 12. 1997 Page 5 22. Authorize initiation of rulemaking and appwve the publication draft of Amendments to the District's Public Use Guide, Incorporated by Reference into Part V, Chap~r 40E-7, F.A.C. (Dock~ No. 9<7-5) 24. Authorize entering into a Cooperative Agreement with the Florida Department of Environmental Protezfion (DF.P) to provide prexise benchnm~ elevations to water level gauging stations and to establish precise benchmark elevations along the perimeter of the Water Conservation Area 2A. Additionally, to establish third order vertical and first order horizontal positions on seven remote points within Water Conservation Area 2, in the amount of $72,111, of which $27,338 is budgeted, and authorize a budget transfer from Lower East Coast Planning Division to Interagency Expenditures, State of Florida, in the same amounL (Contract Number C-$324) Authorize entering into a cooperative agr~rnent with Collier County for replacement of the Palm River Boulevard Bridge and the Lakeland Avenue Bridge on the Cocohatchee Canal in Naples, Florida, in the mount of $350,000, which is in it designated Reserves Account, and ituthortze it budget transfer from Big Cypre.~ Basin Reserves to Construction and Land Management Department, Engineering and Project Management Division, Cocohatchee Bridge Replacement. (Contract Number C-6028) 26. Authorize amending a continuing contract with Weidener Surveying and Mapping P.A. for profe.~ional surveying services to incrr, ase the total contract mount to $400,000 and authorize a budget transfer in the amount of $200,000 from the Project Construction Division, Prof~ional Services Fees (CICA), Construction Project (F, CP00) to the Survey & Mapping Division, Mapping/Surv~ylng Services. (Contract Number C-E010, 27. Aulhorize earning into it contract with Omega Contracting, Inc., the lowest, responsive and responsrole bidder, for the r~storatlon of approxima~ly 7,420 linear feel of canal bank 'along the C-24 Canal, between 1-95 and Savona Road, in the amount of $157,153, for which funds are budgeted. (Contract Number C-8010) 16G June 12, 1997 Page 6 OPERATIONS AND MAINTEN~ DEPARTMENT 29. Authorize entering into a contract with Triple C, Iac. for right-of-way mowing services in the Fort Lauderdale service ar~ for a three-year period, in an ~mount not to exceed $162,010, of wMch $I0,894 is budgcted in FY97 and the r~maining funds are subject to Governing Board approval of thc FY98 through FY00 budgets ($1 $ I,I 16). (Contract Number C-8580) 30. Authorize amending a contract with Helicopter Applicators, Inc. for aerial npplicafion services to increase contract funding in the amount of $285,000 for which funds are budgeted. (Contract Number C-6575-A2) PLANNING DEPARTMENT 31. Authortze an~nding at cooperative alp~n~nt with the US Army Corps of Engineers for the C&SF Comprehensive Restudy to modify the scope of work and reduce the amount of the contract by $25,600 from $5,020,600 to $4,995,000. (Contract Number C-6755-A1) 32. Authorize amending a cooper~ve grant agreement with the United States Environmental Protection Agency CUSEPA) for the Wetlands Conservation Strategy to modify the statement of work in the amount of $167,123 as FY98 revenue to the District and to extend the term of the agr~ment by two years. (Contract Number C-7756-A2) ECOSYSTEM RESTORATION DEPARTMENT 33. Authorize ame~ling a work order contraot with HydroQuaI, Inc., for the development, calibration and validation of a wetlands water quality-quantity model to simulat~ fat~ and transport of nutrients in co~ and natural weOands to retroactively extend the contract by 150 days at no additional contract cost. (Contract Number C-5262-A3) Authorize amending a contract with Gee & Senson, Inc., to conduct hydrogeological studies, nmnedcal modeling and d~vel~t of tho moaitoring plan for the Florida Bay Emergency Interhn Plan to includ~ a shnttlation of wa~ manag~nent scenarios and retroactively extend the period of performance for Phase 1, at no additional contract cost. (Contract Number C-6027-A2) June 12, 1997 Page 7 35. Authorize entering into · contract with Barnes, Ferland and Associate, Inc., to design s waste water collection system for Hatchincha Estates Subdivision m in the amount of $I'/1,124, which is unbudgeted; and suthorize ·budget transfer in the same amount from the Construction and Land ~t Department, Real Estate Division, Land and Land Improvements to Profeuional Fees (CCNA) / C. onstmaion Services. (CCNA, Contract Number C-8603) REGULATION DEPARTMENT 36. Authorize rule development to (a) revise Mitigation Bank Permit criteria to conform with r~cent le/islafion s,~d related matters sad (b) addrr~ sdminism~ve iisues, "lgitch~' and ~itorial omissions in the Environmen~l Re.source Pc-rmit roles. (Docket Number 97-6) End of Morning Con.sent Agenda Chairman Williamson suggested that the Board consider items 47 and ~8 at this time, in order to accommodate Board Member'~ tchedule$. MANAGEMENT SERVIC~ DEPARt/ADMINISTRATION 48. Authorize initiation of rulem~,lng and approve the publication draft of the District's propo~t rules conce, rnlng Post-employment R~sidcflom Ms. Sheryl Wood, Senior Attom~, Office of Counsel, noted that this item was defc'rr~ from the May 1997 Regular Meeting. Ms. Wood pr~entexi information on the proposed Post Employment Restrictions, and th~ proposed rule on Misuse of Public Position. A copy of the material used in her pr~,en~on is included in fl~ official record of ~ me.ins. Mr. tdTmton expreased concern about the proposed res~ction~ lte said if the rustrictions are not applied solely to Distric~ employees, it could have · negative effect on those who volunteer to serve on District advisory committees. Ms. Mary Ann Gosa, Florida Farm Bureau, said her organization supports the requirements outlined in the proposed rule, but is concerned that the action may inadver~ntly tie the hands of advisory board members. 16G June 12. P~ge 8 Mr. William Malone, spe~,~';ng ~s a private individual, said he supports the post employment restriction policy, but feels it should be applied to Governing Board Members as well as employees. Ms. Singer spoke in support of the proposed role. She said there is a negative public perception about the Districfs 'revolving door" that allows former employees to contract for work involving the District. She agreed that the rule should be imposed on Board Members as well as on s[aff. Mr. Pettis and Chairman Williamson also expressed concern about the impact of the rule on advisory committee members. Mr. Hammond and ibis. Car~' said they support ~ proposed rule. Motion by Ms. Singer to tuthorize initiation of rulemaklag and approve the publication dr~t of the District's proposed Fules concerning Post-emplo~nent R~-trletiom wlt~ the tmendment recommended by staff, nd Employee Mlsufe of Public Position as recommended by ~1'. (Docket Number 97-5). Motion approved. FORT MYERS SERVICE CENTER 47. Imperial River Southern Lee County Watershed Update Mr. Chip Merriam, Director, Fort M~r~ Servic~ C. eater, presented information on this item. A copy of the main'iai used in his pre~taIion is included in the official reeord of this meeting. Mr. Merriam said staff recommends that the Distria: continue the current study of the Imperial River Wstersbed; implement re~onal recommendations as part of the FY 1999 budget proc~___s. Mr. Hammond said the Board should support tlg projects outlined in the study as part of its budget development. DISCUSSION OF ANY II'EMS PULLED FROM MORNING CONSENT AGENDA 13. Authorize amending a contact with Art Hall Protection Service Inc. for security services at the Stormwntor Treatment Area 1 (b-'FA 1) Project Mr. Graham questioned the need for additional r~urity in this area. June 12, 1997 Page9 168 Mr. Bob Dalton. Di,,zctor, C, cncral Scrvice,s Division, Manage~t S~'vic~ ~t. said security is needed to protect the contractor's equipment at the site. He said tl~ cost is justified. approximately $2-$4 million in instrumentation at the site, and security is necessary for the protection of this equipment. Motion by Mr. Graham to authorize amending a contact with Art Hall Protection Servfce Inc. for security services at the Stormwater Treatment Area I (STA 1) ProJect site for the period July 1,1997 through lVLay 14,1999, in the mount not to ex__,~__ $75,0~ of whlch $9,.~$8 is substituted from Managenamt Services' operating apenses for FY97 with the remainder subject to Governing Board approval of the FY98 ($39,6~) and FY99 ($25,842) budgets. (Contract Number C-8378-A2). Motion approved. 15. Authorize entering into 11 work order contracts with pre-qualified vendors for process reengineering and design services Mr. Machek ask~ for additional information on th_is item. Mr. Trevor Campbell DL,'~'tor, Offi~ of Enterprise Engineering. said the purpose of this item is to pre-qualify vendors as part of thc District's re-engineering effort. Mr. Machck said hc is not convinced that this work is needed. Chainnaa Williamson sugge, sted that staff review and rctxa't back to thc Board on thc question of whether it is better to do this work piece-meal using internal staffor obtain an outside consultant to give a broad pcrs~vc to thc process. Mr. Trcvor Campbe~ Director, Office of Enterprise Engineering, said iftl~ work is don~ a piece at a time, thc majority of thc work could be done by staff, without using an out.side consultant. Ms. Singer asked that staff commit to tho conservative usc of thes~ rexomce~. Motion by Ms. Singer to authorize entering into I1 work order contracts with pre-qualified vendors for process reeuginmtng and design services for the time period 7/1/1997 through 9/341/1999 in an amount not to ex__,~__ $672,700 of wMch $18S,200 is budget___~_ for FY97 and the remaining $487,500 is subject to Governing Board approval of the FY98 ($1125,000) and FY99 ($262,g00) bndgets. (Contract Number C-8361). Motion approved. Board Members agreed to con~ider items 18 and 19 together. June 19-, 1997 Page 10 18. 19. Approve staff r~onnn~dation fo_r Rel.ea~_ of. .C~I_ .p~.~a.ti..o_ns_,an~d_~X~su~.~ce of · Non Use Cmmnltment over n portion oz'iracu 1, Land Co. Ltd., Subdivision Approve staff r~commendatlon for Release of Canal and Road Reservations over a portion of Tract 16 and a portion of the north half (N 2) of Tract 17, Miami Everglades Land Co. Ltd., Subdivision Mr. William Malone, Director, Construction and Land Management Department, pre~nted information on these items. A copy of tt~ mate, rial used in his presentation is included in thc official record of this meeting. He said staff recommends appwval. Motion by Mr. Pettts to: Approve sts. ff r~ommendation for Relear~ of Canal Reservatiom and Ismance of a Non Use Comngtment over a portion of Tracts 1, 2, 3 and 4, Miami Everglades Land Co. Ltd., Subdivision, a sulxHvtsion n__,x~_rdln~ to the Plat thereof, as rocorded In Plat Book ~ at pale 3, of the Public Records of Dade County, Florida, situated in Section 20, Towmhlp .$4 South, Range :39 East. (File Number 4-~/-12~ 16936) and to: of Tract 16 and a portion of the north ~ ~,r~ Ltd., Subdivision, a subdivision accordln~ to the Plat thereof, as recorded in Plat Book 2, at page :3, of the Public R__,~o_ rds of Dade County, Florida, situated In Section South, Range 39 East. (File Nmnber 12-96-3~ 16911, RR96.14) Motion approved. pre,ration is included in the official record of t_b!~ meeting. He said the contractor is contract. Chairman Wiilian~on suggested that the Board ~lefer action on thh item for one month, W detenn/ne how the enforcement action will affect the contractor. Board Members a/r~ed. 1 June 12. 1997 Page 11 Motion by Mr. Minton to defer comidersgou for me mo~th ou a r~venne eonh'nct with Mariner Propettks Development, ~ to estnbllsh the Co~ Mltlsatkn Bank in order to permit the project, r~s~ore the ltnd, recover land acqnldflon costs, sta~ costs and generate a revenue stream for future projects. (Contract Number C-824}2). Motion approved. GOVERNING BOARD M~-'ETI~G SCHEDULE 1. Consider Schedule for Upcoming Meetings. This information was deferred until later in the meeting. Tentative Agenda for July Workshop. This information was included in back-up martials provide! to th~ Board. PUBLIC COMMENT Mr. David Bolton, Ir., I Coral Gables resident, asked that he be placed on the agcnda for the Suly 1997 mee~g to allow him to comment on negotiations for acquisition of land he owns in the Water ConservaIion Area. Mr. W'flliam Malone, ~, Construction and Land Mana~ment Depanm~t, said staff has talk~ to Mr. Bolton ~i has been informed that he feels t~ District's offer for tl~ purchase of that land is too low. He said staff has offered to nzet with Mr. Bolton to discuss his Chairman William.son noted that anyone may bring comments to the Board under the Public Comment section of the agenda, but staff does not al~nda individual presentations from n~mbers of the public. Hc said it is the Boaid's policy to l~t statf handle negotiations with landowners to assm~ fairness. Mr. Bolton said hi~ ~ is that his pwpe~ is st~x'aised at a higher level than fl~ an~unt offend by surf. He said the Board should r~wiew the policy isme of paying · set amour for propa~. Mr. Bolton, the Board could agenda a ~ discussion of the policy issue t~fe~c'nced by Mr. Bolton. She asked thai staff schedule a policy discussion on this issue in July. Governing Board Regt_~_!_ar Meeting June 12, 1997 Page 12 Mr. Matthew Morrison, City of West Palm Beach, commented on the city's long-term pannership with the District. He said the City of West palm Beach is willing to enter into cost- sharing partnerships with the District for the plan and design improvements for the D-8 Basin. Mr. Machek said this is a good opportunity for implementing a partnership with the City of West Palm Beach. He said the District should participate in this project. Mr. Minton asked for information summarizing the partnership projects underway between the District and the City of West Palm Beach. Mr. Dan Shalloway, representing Special Districts in Palm Beach County, commented on the U.S. Army Corps of Engineers (USACE) Re-study of the Central And South Florida Hood Control System. He asked that the Board consider concerns that it has not stated its position on a number of policy issues raised by the re-study. Mr. Shalloway handed out a list of those concerns. A copy of the document is included in the official record of this meeting. Mr. Rett Thompson, a West Palm Beach resident, re4ues~d that the Board revoke Right of Way permit modification 9801, which he said denies the public access to public land. Mr. WilLiam Malone, Director, Construction and Land Management D~partment' said thc permit modification was approved based on public safety. He said a sea wall ~ljacent to the right of way could pose a danger to the public by making it difficult for anyone falling into the canal to climb back onto the baal Mr. Malone said staff reconunends that the Board not revoke the permit modification. He said staff is willing to discuss the issue with Mr. Thompson. Ms. Carter asked that staff do so and report back to the Board. ~IBLI~ HEARING at 9:30 A.M, Chairman Williamson opened the publie hearing. PLANNING DEPARTMIi2qT 37. Approve the Final Draft of the Lake Okeechobee SWIM Plan Update 16G 1 June 12. 1997 l~ge 13 Dr. Barry Rosen, Senior Environmental Scientist, Ul~r East Coast/I~ssimmee Plannins Division, Plarming Department, presen~ information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the Final Draft of the Lake Okeechobee SWIM Plan Update. Motion approved. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 38. Approve entering into a lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Brown's Farm Mr. William Malone, Dire~or, Construction and Land Management Department, pre.sent~ information on this item. A copy of the material used in his presentation is include din the official record of this meeting. Motion by Mr. M~chek to approve entering into a le~e with the Board of Trustees of the Intern~! Improvement Trust Fund of the State of Florid~ for Brown's Farm containing 4,C/6 acres, more or less, located in Palm Be~ch County, Everglades Construction Project, STA-~. Motion approved. 39. Approve the purchase of land interests, including ~ructm'~ and improvements, containing 3059 acr~, more or ~ in Dade County, $3 Squ~re Mile Project Mr. Malone pr~eated information on this item A copy of the material u.~cd in his presentation is included in the official record of this mccting. Motion by ~ Singer to approve the ~ of hnd intereg~, incinding ~rnctnr~ and lmprovemen~ contdning 3059 acr~, more or less, in ~ County, ~3 Sqnm~ Mile Protection reqne~lng rdmbnr~ment for thh acquhiflon m~l ~ted cas-tz. Motion approved. 40. Approve Acqnidflon Agreement with Board of Truge~ of the Intern~ Improvement Fnnd for the Joint purchase of hnd~ within the Athnflc Ridge June 12, 1997 Page 14 Mr. Malone pr~ented information on this i~n~ A copy of the material used in his presentation is included in the official record of this meeting. Motion bl Ms. Singer to approve Acquisition Agreement with Board of Trustees of the Xnternal Improvement Fund for the Joint purchase of lands within the Atlantic Ridge Ecosystem Project, using District land acquisition procedures. Motion approved. Annrove Third Amendment to Agreement for Sale and Purchase of land _Interests 41A. ~:~.-n~t~ining 1,~33.18 acres, more or less, located in Palm Beach County, Water Management Area Mr. Malone presented information on this itenx A copy of the material used in his presentation is included in thc official record of this meeting. Motion by Mr. Machek to approve Third Amendment to Agreement for Sale and Purchase of land interests containing 1,233.15 acres, more or less, located in Palm Beach County, Water Management Area and authorize the Executive D~___or, or his designee, to execute the Amendment. Motion approved. End of Public Hearing BOARD COMMENT Ms. Singcr recomrr~nded that Dr. Wiltg!mina Mack be. at~ointed to the Lower East Coast Regional Water Phn Advisory Committee. Board Mcmbcrs sifted and Chairman Williamson appointed Dr. Mack to the Committee. Ms. Singer suggested that staff pubUsh its schedule of RFP Negotiation Conunktee meetings while also hiring additional empl~ She asked that stafflxovide lnfomuttion on this isme. Mr. Joe Moore, Director, Office of Budget and Procurement, saki the District is not proposing an increase ln taxes. He said the increase is one option be~ng cousldcred- Mr. Moore said the language in thc newspaper srticle is no~ a direct quo~ of his comment, but is something June 12, 1997 Page 15 16a 1' Ms. Singer ~.4 ~ staff make information available to thc Board at thc same time that it is made available to the media. Mr. Poolc said staffs objective is to give thc Board a budget with no millage increase. Ms. Caner said the District's I $ percent recovery rate on permitting fees is insufficient. She suggested that staff investigate the possibility of using fines to make up the permi~g costs. Mr. Hammond ~ked that a workshop it=m he scheduled in the early fall to discuss how thc District evaluates secondary and cumulative impacts in its permit~g criteria- Mr. Pcttis asked about the status of budgeting for an Outreach Coordinator to address issues within minority communities served by the District. Ms. Carolyn Williams, Director, Oftic¢ of Supplier Diversity and Outreach, said staff anticipates having a contract ~ ready to advertise by tomorrow. REPORT FROM ADVISORY COM1VI1TT~-~ Ms. Rae Ann Scholl¢, Committee Member, Environmental Advisory Committ~, presented thc report. A copy of thc material used in her presentation is included in the official record of this meeting. Ms. Scbulle said is concerned about the concclx of allowing mitigation credit under Environmental Resource Permit applicants for exotic plant removal She said exotics removal is essential, but mitigation credit is inappwpd~ because it alone does not replace wetland functions. MS. $chollc said the committee rcconuncnds that thc Dim/ct reject exotic plant removal as mitigation. Dcpatmaent. indicated that he plans to attend the next Enviwnmental Advisory meeting to discuss the issues. Mr. Mark Kransc, National Audubon Society, said his organization is impressed with the way the Environmental Advisory CommLn_~ has handled this issue. June 12, 1997 Page 16 OMBUDSMAN'S REPORT Mr. Richard E. Williams, District Ombudsman, presented the report. A copy of the material used in his presentation is included in the official record of this meeting. ECOSYSTEM RESTORATION DEPARTMENT 43. Everglades Construction Project Update Mr. William Malone, DirecIor, Construction and Land Management Department, pre.~en~ information on this item. Mr. M~one said the Everglades Forever Act requi~s that land acquisition in Stormwater Treatment Area (STA) 1-East be completed by July 1, 1998. He said acquisitions a~ on hold at thc moment due to the non-availability of federal money. Mr. ]~flone said the District may not be &ble to meet the July 1, 1998 deadline due to this situation. Mr. Hammond suggested that staff draft a letter to the Governor, the Florida Legislative delegation, the U.S. Army Corps of Engineers, ~nd the Secrcta~ of the Army to let them know that the project is in jeopardy. Iris. C.a~r suggested that copies of the letter be distributed to the me~a. ]vis. Barbara Markham suggested that a copy be Fried with thc federal judge hearing the Everglades lawsuit. Mr. Miller And~ss, ~or, Everglades Construction Project, presented the update. A copy of the materia] used in his presentation is included in the official record of this meeting. Moved from Reporl from th~ F_~e. cu~ Dir~ctor 55. Update on Everglades Litigation Ms. Barbara Markham, General Counsel, pre~nted the update. A copy oftbe material used in her presentation is included in the official record of th!.~ meeting. AC 16G June 12. 1997 Page 17 OPERATIONS AND MAINTENANCE DEPARTMENT 49. Authorize amending a contract with the Florida Department of Environmental Protection (DEl') for aquatic plant management perform~ by the Dbtrict. Mr. Dan Thayer, Director, Vegetation Management Division, Operations and Maintenance Department, presented iaformation on this item. A copy of thc material used in his presentation is included in the offidal record of this meeting. Motion by Ms. Carter to authorize amending a contract with the Florida Department of Envh-onmental Protection (DEP) In an amount not to exceed $4~K),~ payable to the Dlstrtct ss reimbursement for aquatic plant management performed by the District. (Contract N.mher C4~.. 9-A2). Motion approved. 50. Concur In staffs recommendation of District-owned lands WP_Mn Broward County which may be given · 'Conservation' designation while continuing to oppose any change In the designation of other District-owned lands pending completion of the Water Preserve Area Fetdblllty Study, end direct staff to convey this information ss well ss the Implications of making premature land use changes to Broward County. DEPARTMENT OF WATER RESOURCF~ EVALUATION 51. Consideration of modlflcations or Rescission of WateF ShoFtage Dechraflon Dr. Leslie Wedderbum, Director, Water Resources Evaluation Dcpartmcnt, presented information on this item. A copy of the material used in his presentation is included in thc official record of this mcetinl. June 12. 1997 Page 18 Dr. Wedderbum recommended that ~ Phase I Water Use R~trictions in Lee, Collier and Hendry counties be ~ Mr. Kcith Smith, Director, Hl~lro~colo~' Division, Water ~ Evaluation Department, proc. nrtA information on water conditions. He said above average d~ season precipitalion has allowed ground waler elevations to return to historical averages for this time of year. Motion by Mr, Hammond to approve staff's recommendation that the Phase I Water Use Restrlctlons in areas of Lee, ~Collier ~md Hendry counties be lifted. Motion approved. REPORT FROM THE DIRECTOR S2, Distribution of ~ry Budget ~~i;'t' ' d Procurement, -- ted information on Mr. Ioseph Moore, ~Dir~ or, Office of Budget fa . . . ~ ....... this item. A copy of the ~ used in his pre~cnfation is included m the Olll¢lal recom oI tills Mr. Moore ~tipulal~ t~ ~t th~ budget docurn~n! is ~ work in l:n'ogr~ and not a formal A. Additions, DeleflO ~ ~'tUbstltuflons Ms. Terrie Ba~..s, DL,'~aor, Re~lafion D~m'm~n~ no~! tl~ following changes handed out as additional ba~p ~o ~ ~ a~d ~? of tI~ A.~rnoon Consent Agenda: RIGHT OF WAY OCCUPANCY TCI of South Florida (page 4, pm-agraph 15~: Added PERMIT APPLICATIONS Water Use Pon LaBelle Agricultural Area Basins 9, 13, ~nd 19 (page 7, paragraph 1): Appwval subject to no objections by June 17 OIOi Corporation Phases A, B, and C (pagel7, paragraph 3): Approval subject ~o no objections b~ June 2~ 16G 1 June 12, 1997 Page ~9 Surface Water Manag~t M]rtmar Pa~'way Phase UA-?5 to 17$th Avenue (page l,pantgraph 3): PERM1T TYPE includes conservation easement to the District, appwval subject to no objections by June 23 Environmental Resource Five Stars Subdivision (page 5, paragraph 1): Postponed to July I0 Board Wondefly Estates Phase 2 (page 6, paragraph 5): Added, approval subject to no objections by June 24 D-14 Sto'rmwater Pump Station (page 17, paragraph I): Approval subject to no objections by June 24 GlO[ l.,im~tone/Sand Mining Facility (page 18, paragraph 4): PERMTr TYPE includes conceplual approval, addendum to revise special conditions 9 and 10 and add special condition 14, approval subject to no objections by June 25 Smithsonian Institute Fort Pierce ]v~'ine Station (page 21, paragraph 2): Approval subject to no objections by June 19 Amended Petltinn for Admlntstratlye Hearing Norma Perdue (page 26, paragraph 1): Revised to read, authorize transmittal of an amended petition filed by Norma Perdue (petitioner), TJ. Pahn Beach A.~sociation's (Responden0 amended motion in opposition to the Statement of Compliance and recommendation to transmit the petition to the Division of Admires' tra~ve Hearings, petitioners response to the an~nded motion in opposition to the Statement of Compliance, and rcspondcnfs motion to stfik~ lx.*titioner's reslxxLte to mspondcnt's an~nd~ motion in opposition to ~ Suttement of Compliance to the Division of ~dmln|ttrativo HBa~ing~ for · formal ndministrativo proceeding regarding Environmontai Re. gu'ce l~'mit a~plication 970220-6 for Wellington Commons (A/K/A Forest Hill Mall in Palm Beach County) Water Shortage Variance Pauline Blocker (page 27A, paragraph 1): Added Governing Board Reg,,lar Meeting June 12. 1997 Page 20 Consent Agreement Am~dment Indian Trail Water Contwl District (M-1 Basin) (page 31, paragraph 1): Added Consent Agreement Atlantic Gulf Communities Corporation (page 31, paragraph 2): Added B. Abstentions Mr. Berger abstained from item 56, a new Right of Way Occupancy permit for Aerial Powcrline crossing C-6 for Florida Power & Light (page 1, paragraph I); item 57, Authorization to Transmit an amended petition filed by Norma Perdue to DO,Mt (page 26. paragraph 1); item 57, a New Construction/Operation Environmental Resource Permit for Florida Department of Transportation (page 16, paragraph 1); and item 58. C. Pull Items for Discussion Ms. Bates, at the request of the public, asked that the following be pulled: item 57, an Everglades Works of the District permit r~newal application for GKK Corporation L-$ Division Farm (page 17. paragraph 2). a Water Us~ Permit Modification application for GKK Corporation Phases A~ B. and C (page 17. paragraph 3). an Environmental Resource Conceptual Approval and Construction/Operation Permit Modifwatlon application for GIr, K Limestone/Sand Mining facility (page 1 $, paragraph 4), and an Authorization to Transmit to DO,MI an amended petition filed by Norma Pcrdue for Wellington Commons, AKA Forest Hill Mall (page 26, paragraph 1). D. Motion to Approve Afternoon Consent Agenda, except for items pulled for disensslon Motion by Ms. Carter to approve the Afternoon Consent Agmda, except for Item 57, an Eva~lades Works of the District permit renewal application for GR'K Corporation Division Farm (pa~ 17, paragraph 2), a Wata' Us~ Pa-mit ~flon application for G~"~ Corporation Pha~ A, B, tnd C (p~e 17, ~pb 3), tn EnvfFonmontsl Resource Conceptual Approvnl end Construction/Operation Perudt Modlflcation application for GK'K Limeston~ 1~_ ,,I,,_- hctllt~ (pqe Ill, psrsp-aph 4), s~! sn Authorization to Transmit to DOAH fm amended petition filed by Norms Perdue for Wellington Commons, AKA Forest Hm Mall (page 26, paragraph 1). Motion approved. Abstain - Mr. Berger. The following items were approved as part of the Aj~ernoon Consent Agenda: AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 16G lq ~une 12. 1997 Page 21 56. Cool--on of Cotaent Agenda f~ ~e~ng Bo~ ~ w~ch ~clu~ ~~on ~d ~d ~~t i~: 57. Right of Way Occupancy Pmnlt Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Watvetx of District Criteria Consideration of Consent Agenda for Governing Bom'd appwval which include~ Regulatory itetm:. Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Environmental Resource Permit Applications (including Conservation F,a~rnents) Everglade~ Wot~ of the District Permit Applications Wetland Resource Permit Applications (including Conservation Easements) LOK SWIM Wo~ of the District Permit Applications Surface Water Management Permit Extensions Water Use Var~anc~ l~ninls An~nded Petitions for Ad_m~u'~ve He.~ng LOK SW~M Works of ~e Dts~ct Peri. ts Board Memben returned to consideration of the Momtng Ditcutxion Agenda. Report from the F_,x~cutive Director lv~. Poolo noted that item 50 ha~ been deleted. He raid ~ will present iaformafion on that i.~uo under th~ Rc-por~. from the Executiw Director, but no Board action is Ms. Sally Mlecz-Kennedy, Senior Planner, Planning Depamnent~ predated information on staffs discussion with Broward County Officials concerning the county's proposed land use amendments. A copy of the material used in her presentation is included in the official r~cord of this meeting. Board Members agreed to cotuicler item I at this time. 1. Consider Schedule for Upcoming Meetings June 12, 1997 Page 22 Mr. Poolc presented informslion on the District's Schedule of Ut~.oming Meetings. A copy of the schedule is included in tl~ official record of this meeting. S$. Water Mana~t ~ghts Mr. Poole prcscn'ted thc highlights. A copy of thc material used in his pr~cntation is included in the official record of this meeting. S4. Govern_lng Board Follow-up Items Mr. Poole said information on this item was presented to the Board as additional back-up. Update on Rainfall event In Dade County Mr. Tonuny Strowd, Director, Operations Division, Operations and Maintenance Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. End of Morning Discussion Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA Authorization to Transmit to DOAH an amended petition flied by Norms Perdue for Wenington Commons, AKA Forest HIH Mall (page 26, paragraph I). Ms. Bates prer, cnted information on this item. A COlrY of the material used in her presentation is included in fl~ official ~ of this meeting. Ms. Bales said staff r~commends that the Board accept the amended petition and transmit the case to the Division of Mr. ~lohn Funzro, Assistant General Counsel, noted that a motion has been fried by the applicant n~lUe.sting that thc Board r~ject thc petition. He rccomnzad~ that the Board not Mr. Lee Worsham, representing the applicant, said the petition was not timely filed and raises matters of fact already resolved by the Board. Mr. Grcgg C-oldfarb, t~prescnting the petitioner, said thc petition was timely filed. 16G C~vernlng Board Regular IVieet,tng June 12, 1997 Page 23 Motion by Mr. Pettis to authorize transmittal of an amended petition filed by Norms Perdue (petitioner), T..I. Palm Beach Association's (Respondent) amended motion in opposition to the Statement of Compliance and recommendation to transmit the petition to the Division of Administrative Hearings, petitioner's response to the amended motion in opposition to the Statement of ComplLtnce, tnd Fespondent's motion to strike petitioner's response to respondcnt's amended motion in opposition to the Statement of Compliance to the Division of Adrnlnistrative Hearings for s formal administrative proceeding regarding Environmental Resource permit application 970220-6 for Wellington Commons (A/K/A Forest Hill Mall tn Palm Beach Count)'). Motion approved. Abstain - Mr. Berger. Board Members agreed to con~ider the following three itern~ together. $7. Everglades Works of the District permit renewal application for GKK Corporation L-8 Division Farm (page 17, paragraph 2) S7. Water Use Permit Modification application for GKK Corporation Phases A, B, and (2 (page 17, paragraph 3) 57. Environmental Resource Conceptual Approval and Con.qtructlon/Operatlon Permit Modification application for GKK Limestone/Sand Mining facility (page 18, paragraph 4) Ms. Bates Incsentcd information on the~ items. A copy of the material used in her presentation is included ia the official record of this meeting. M~.l~o~a~ Everglades, commented on these iter~. She said the location of the project covered by these permit applications will change the existing land usc from mostly agricultural to~O0 percent mining. 1~. Durando raid ~ will result in high chloride discharges associated with the mining operation. Ms. Elaine Usherson, The Sierra Club, said her organization is also concerned about this project. She recommended that the Board deny the permit applications. Mr. Scott Bums, ~, Water Us~ Division, Regulation Department, responded to a question from the Board regarding the origin of the chloride. Ms. Bates said a special condition has been added to the permit requiring monitoring of chloride levels. lbG 1 Governing Bo~, June 12. 1997 Page 24 'i : Mr. sppllcations. ::',:,.:o, :'::presenting the applicant, urged thc Board to approve thc l~rmit Mr. Bm' i. :. ::~nn3er, Loxahatchee National Wildlife Refuge. said h~ is coneemed ~x)ut thc 1 oca :: ..... :..:, ,:.~: ct n ~ flae ~fu~, He ~id he do~ ~)t ~ndor~ tl~ project, but will · go along with staf/s :,'commendation to approve tl~ permit applications. He urged thc Board to exercise cautic:: ' . , iicar'.t requests a d~schargc permit. Motion by Mr. ', 'leak to approve: 57. Everg::; ' ',7: r'l:s of the District permit r~newsl application for GKK Corporation L-8 Divi:d.m Farm (page I7, paragrnph :2) Water I. :'., ;~;: Modification application for GKK Corporation Phases A, B, and C (page 17, paragraph 3) 57. Erl¥Iror:, . ," .', "r ;..:~ou roe Conceptual ApproYsl and ~m~o~O~nflon MMiSc: ::; ;lien tion for G~ Li~n~d ~n[ng fatty ~age 18, paragrap:~ Motion appro:'~ .5. SS. Briefing on Submerged X, mab Authorization R~sponsibillfl~s ~ D~c'l, st~d from the Department of Env~ronmentnl Protection. Nh'. Robert Robbins, Dkector, Natural Resource Managetncnt Division, Regulation I>~m~ent, prer-n~d information on thls item. A copy ofth~ material used in his presentation is included in t/:~ :-, -: ~!, , .......... scorn of this meeting. Mr. Peele said this delegation is an example ofti~ type of r~pousibility that must b~ takra into consi,/: r: :!ca as pm~t of the budget proc,~. He said fl~ District cannot continue to $I:¢¢pt additional rcsi:~nsibiliti~ and maintain tl~ ¢tn'l~t ~ of 8tlff~ bud~t. RECOMMENDED ORDER $9. Consideration of the Administrative Law J'udre's Reeounnended Order of Dismissal In Peter Br'ynes v. South Florida Water Manafenamt Dfstrfct and Indian Trail Water Control District, DOAH ~ 9'/-0{10846. Mr. Tom Wolfe, Deputy Gcncral Counsel, pre. sen~ information on this item. A copy of the mat~isl ~ in his prc,s~tation is included n the official record of this meeting. June 12. 1997 Ms. Betsy Burden, representing Indian Trail Water D~stnct, sa~d her client concurs with the R~,ommcnded Order. Motion by Mr. Minton to accept the A'dministratlve Law Judge's Recommended Order of DLmal.saal in Peter Bryne$ v, South Florida Water Manager Dt~ et mad Indian Trail Water Control District, DOAH Ca.se 9~.4~00846. Order. Motion approved. AD JoiNT There being no further businiss to come before the Bo~d, the meeting was adjourned at 4:35 p.m. f ¸7, ! GOVERNING BOARD!''~I -'ETIN0 Wednesday, Augu~l~ 1,997 J 0:00 A.M. Public Comment on Project. Kissimmee Civic Center 201 East Dakin ~tre~? CALL TO ORDER Note: Any item which appears o~ the Regular Meeting Agenda of ~lay, August 14, 1997 may be an item loc discussion on this meeting agenda. In the event of emergenc)) condi~ons due to an imminent Tropical the Thursday, August 14"", meeting agenoa, ~nclu~ g eg 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 2. Welcome (10 Minutes) ,.~ Sonny Williamson, Chairman, SF~/MD ~ Board Local County Commission Chairpersons 3. 25 Year Service Award for Mr. Jared Ju.~ ~do Service Center (1i Minu~es) Bill Stimmel, Director, Orlando Service Cen~ei 4. Introduction to the Issues (10 Minutes) Bill $limmel, Director, Or/ando Service 1 5. Management Plan fo~h~Ssimmee Chain o_f Lake. s. (15 Minutes.) .... James Cames, ~,~ planner, Upper East Coas?u, 'ssimrnee ~anning u~s~on 6. Alligator Lake DraW~?d Mu~ Rem°val ~~°ur)!~ he Alii. ator Lake Drawdown and M~c~ Removal Project. A. Overview oft g . . · ' ~ ' ' ' n Mike Hulon, Fisheries B~olog~sl, Floncla Game an~ ~r~sh Waler F~sh Comm~ss~o Governing August Page 2 o o ~thorize entering into a cooperative agree~nent with the Florida Game and Fresh ;r Fish Commission for implementation_[~0~f~,!he Alligator Lake Chain Drawdown Muck Removal Project in the amount of u~ to $800,000. (Contract C-8807). Jason Duff, Sr. Pub~lc Communications Officer, Odando Service Center **LUNCH** i Update on Aquatic Plant Management in the Kissimmee Chain of Lakes (30 Minutes) Mike Bodle, Sr. Environmental Scientist, Vegetation Management Division Status Report on the Butler Chain of Lakes Water Quality Model Project (15 Minutes) ~ Larry Pearson, Lead Planner, Orlando Service C~nter ~ Status Report on the Kissimrnee Basin Water Supply~Plan (15 Minutes) David Gilpin-Hudson, Sr. Planner, Upper E. Coast/KJssimmee Planning Div. PUBLIC COMMENT ADJOURNMENT oF A OF ~ SO~ ~~A WA~R ~AGE~ D~~ ~LD AT O~ OF ~ D~~, 3~1 G~ CL~ RO~, ~T PALM B~CH ~DA ~D~DAY, J~Y 9, 9:~ A.M. ~ following Boa~ Mem~ were p~n~ Eugene ~ch~ M~k MM~ Singer Willi~ S~uel E. P~I~, S~rc~ CALL TO O~ER ~ ~g w~ ~ ~ o~ ~ 9:10 ~ by Vi~~ P~. ~ ~~ for ~ ~t ~y i~ ~ ~e ~~y R~ or ~. ~ ~~ imm 26. Mr. Machek questioned items 7, 11, and 12. Ms. Singer questioned items 21, 23, 24, and 25. Mr. Pet'ds questioned item 10. 2. Annual Update to the Save Our Rivers Land Acquisition and Management Mr. Fred Davis, Director, Land Stewardship Division. Co,on & Land Management Department. presented an overview of the District's ~uisition program. A copy of the material used in his presentation is inclu~:~the of this meeting. ' ~il~ official record 16g Vice-Chairman Pettis asked ifi~ ~ management rcvie~ teams for this program are ' from staffed by D,smct employees Mr Dart said the teams include representauves county governments, private land man~ers, environmental groups, the District, the Florida Game and Fresh Water Fish Commission. and Department of Environmental Protection. the Water Mr. Davis also noted that all management funds come r Management Lands Trust Fund. not ad valorem taxes. Mr. Bill Helffefich, Sr. Supervising Planner, Land Stewardship, Construction & Land Management Department, presented information on new projects. A copy of the material used in his presentation is included in the official record of this meeting. Mr. William Malone, Director, Construction and Land Management Department, said staff will bring recommendations back to the Board for action on this program in September 1997. i . Mr. Steve Walker, attorney representing the Seminole Tribe of Florida. expressed concern about stormwater runoff from the McDaniel Ranch properties, which are included for acquisition under the SOR program. He said the Tribe is not necessarily opposed to the acquisition, but is concemed ab°ut the quali~Y °~water entering Tribal ~ lands from the property. ~,. Mr. James Harvey, representing Pal Mar Water Control District, urged the Board Mr. Joseph M. Moore, Director, Office of Budget and procurement, pre.sen information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Ms. Singer asked that additional projects not specificallyincluded in staff's recommendation be reflected in the budget document that will be submitted to the Governor and Florida Legislature for review on August 5. 1997. t ~ Mr. William Kerr, Indian River Lagoon Advisory Comn'uttee smd his organization supports the District's budget as currently proposed by staff. ~ Mr. Fred Rapach, Palm Beach County Water Utilities, said the county supp~.rts local cost-sharing programs, and suggested that the Board conside~ex~ding the c.ost-s~ , segment of the budget to include projects in the Lower East~oast Kegiona. t water :~upp~y elan. Mr. Poole said the District's partnership program with local governments remains in the proposed budget. 16G Governing Board Meeting July 9. 1997 Page 3 Mr. Pcttis asked that staff provide to thc Board a draft of thc Budget document that will go to the Governor for review on August 5, and update the Board at the August regular meeting. Mr. Machek expressed concern about St. Lucie County issues. He noted that the District is levying a 1/20 mill tax increase in its budget, and thc~ounty is levying taxes to provide funding for cost-share projects. Fie said this may appea~ to be double taxation to the taxpayers and asked that staff address this issue. ~ } 4, Status Report on the Upper East Coast Water Supply Plan Mr. Terry Clark, Director, Upper East Coast Planning Divisi i Planning Department, presented information on the foUowing three projects: The Indian River Lagoon Surfac~ Water Improven~ ~md Management Plan; The indian River.Lagoon Restoration Feasibility Stuc and The Upper East Coast Water Supply Plan. A copy of the material used in his presentation is incl .uded in he official record of this Mr. Mark Elsrmr, Senior .E~.gineer., Upper East Coast/Ki~,mm_ee P.l_armi.ng D,i~Siat~. Supply Plan. A copy of the matenm usea tn ms presentat,on ~s ~nc,uuo., ~- ,,,,. this meeting. $. Management of Exotic Pest Plants on iY~trict Lands ~ Mr. Dan Thayer, Director, Vegetation Management, Operations & Maintenance Department, presented information on this item. A copy of the material used in his presentatio is included in the official record of this meeting. 6. Review of Construction Fact]ities/FroJects presented information on this ttcm. A copy of the matenat usea m ms presentauon in the official record of this meeting, t~' Mr. Albert Basulto, Deputy Director - Construction, Cons ~n & Land Management Department, presented information on [t, placeme.nt, options .for the ,E. me, r. gency replacement option proposal, and sliould make sum that me cost ot me project ~ competitive. W~ (}overning Board Mc¢ling July 9. 1997 Page 4 7. Update on acquisition of WCA parcels Mr. William Malone. Director. Construction & Land Management Department. presented information on this item. A copy of the malerial used ir~ his presentation is included in thc official record of this meeting. Mr. Malone said concerns by Mr. David Bolton, a landowner who has offered his property for acquisition by the District, has prompted staff to review ira land acquisition policy. Mr. Malone said staff has completed it~ r~vJew of th~ policy and reco~an~ds that the policy remain unchanged. Mr. Bolton said the appraisal limit for. Di.strict land acq~s,!tion is tOO !ow. ~¢ sai.d he. is al~o concerned about th~ length or lime the D,stnct has been .s~?ing to acqmre pr~pc.rty ,n ms area. He said the only way to r,~cur~ land from development ~stf~Igovernment agaric,es to purchase it. i ~ 1~ Mr. =,o y Mr. Bo to,. the Bo ,o client's propel'ty al t~ price ~ by tl~ landowner. He ~said the pg~a,~of acquiring the land in d~e futura may be much higber. - ~ Mr. Malo~ said Mr. BoRon ~hed th~ District ~:~ offer to s~ll. Board members agreed that ~ District's policy shoul.,,d,~m~n unchang~l. The~ being no further discussion m come before th~ adjourned at 2:10 p.m. South Florida Water Nlana GOVF~RNING BOARD ME, F~TING Open to the Public AGF~NDA :r~t Dist'rict GOVERNING BOARD MEETING" 16 Thursday, August 14, 1997 8:30 A.M. B-1 Auditorium 3301 ,Gun Club Road West Palm Beach, FL Note: Any item, which appears on the Workshop Agenda of Wednesday, August 13, 1997, may discus.skin or action on this Meeting Agenda. All or part of this meeting may be conducted as a otlJer to permit maximum participation of Governing Board Members. CALL TO ORDER ~m A. Inspiration: Margie Hemandez B. Pledge of Allegiance to the Flag of the United States ol erica C. Presentations: · Mr. Richard Machek, Vice Chairman f the Human Resources C recognize Juty's Employee of the Month - Marcia Paluga, ConstruCtion; Land Management Department , . Presentation of the Environmental Systern'"~,e~earch Institute a Difference Award" to Sam Poole. This awa~t~tas presented to the at the 1997 Intema'donal ESRI Geographic Info~ystem (GIS) Usem Cor~ference held in San Diego. D. Service Awards: · 25 Years-Richard Baker, Office of Enterprise~ngineedng · 25 Years-Jared Justesen, Orlando Se~.~.nter (present~at Kis.sirrsnee Workshop) E. Approval of the Minutes of the Governing Board Meeting of July 9, 1997~rthe Board Regular Meeting of July 10, 1997, the Budget Workshop of July 211997 anE Governing Board Teleconference of July 25, 1997. ~ . MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions Governing Board Meeting August 14. 1997 Page 2 GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for September Workshop. MORNING CONSENT AGENDA The Board may not wish to di.~u'$s these items indMduafly[and may approve them as a g~.p. Anyone Note: .............. '-'- ' ,,In[~ $oeaker card and submit it tO[the Distn'ct I to s ak on one or tnese Issues snou~o c;u,,~,,~,= = ~, ~-- . . . wish ng pe . . . enda. Thfs w~ll permit the Chairman to pull Representative m the lobby prior to. .conslde?tlon o_f_;hae' Consent Ag such lterns for mdrwdual d~scus$/on later on [ne agent2 A. Pull it - B. Motion to approve t~e Consent Agenda except for Items pulled for discussion (Items pulled ,will be considered by the Board under the Discussion Agenda.) :I BUDGET OFFICE 3. Approval of Budget Transfers ; OFFICE OF COUNSEL 4. Authorize amending a contract with the law firm of Mack, Haygood & McLean for continuing legal support concerning the matter of Oscieu Jean-Baptiste v South Florida Water Maniaqement District, et. al.., to extend the contract for an additional one year, with ~o increase in funding. (Contract Number C-7236-A2.) "~ FORT MYERS SERVICE CENTER 5. Authorize amending a cooperative agreement with the Lee County Board of County Commissioners for the construction of a permanent weir in the Kehl Canal just east of "Bonita Grande Road replacing the current temporary We~ir to extend the cooperative agreement for one year at no additional cost. (Contract Number C-8816) 6. ~uthorize amending a revenue agreement for $200,000 with the Lee County. Board of County Commissioners to be applied as cost-share revenue for the Kehl Canal Weir Replacement Contract C-8816 for which $605,000 is budgeted. The amendment is to extend the revenue agreement for one year. (Co~,tract Nu_u__mber C-8818-A1) MiAMI.DADE REGIONAL SERVICE CENTER. ~i.~ , 7. Authorize entedng into a two (2) year coopera, tive ~.ag ,.¢~e. men. t ~'_ Universi~/tof F .Io~,__a, Center for Wetlands for the development and evaiuauon OT a uiscayne uay reg ,K~a~ wetland buffer, and to provide alternative preliminary engineering designs f~'~a region, al wetland buffer, in the amount of $149,092 for which funds am, budgeted.l(Contract Number C-8932) Board Meeting 14, 1997 1 6G 1 '~prove appointments to the Miami River Study Commission for the Local Community nteers category and the representative of a homeowners association as directed by ~ropriation 1196. BROWARD COUNTY SERVICE CENTER amending ~'a:;cooperative agreement with the City of Sunrise to provide assistance for the construction of a drinking water aquifer storage and recovery for a 12-month extension at no cost to the District. (Contract Number C--7137-A1) rize amending a cooperative agreement with the City of Fort Lauderdale to provide assistance for the construction of a raw water aquifer storage and recovery for a 7-month time extension at no cost to the District. (Contract Number C-8853- :HOBEE SERVICE CENTER Approve the transfer of two portable multi-parameter water quality instruments (Hydrolab Sunceyor II) from the Water Resources Evaluation Department, Water Quality Monitoring, and Okeechobee Data Collection to the Okeechobee Senvice Center for use as an 2tional exhibit. IENT SERVICES DEPARTMENT/ADMINISTRATION sale of surplus equipment to the highest bidder, either through sealed bid or public auction, and subsequent removal from the fixed asset records. entering into a contract with the Mohler Company for the supply, installation, reconfiguration of systems furniture for the pedod October 1, 1997 to September 30, 2000, in an amount not to exceed $329,260 subject to Governing Board approval of the 1998 budget, and amounts not to exceed funds approved by the Governing Board for FYs 1999 and 2000. (Contract Number C-8393) ICTION AND LAND MANAGEMENT DEPARTMENT ~pprove staff recommend~s f~' releases of District canal, mineral and road , re,l~ses,[f:of T.I.I.T.FI, canal resentations and issuances of ~ ofway of the L-10 and L-12 ~ from Canal Point to New State Road 80, to Florida Department of Transportation. ': ('Trac~ C9-100-014 and C6-100.4X)1) delegation of approval and execution authority to the Executive Director, or his nee for assignments of, and anr~'x:lrnents to, Agreements for Sale and Purchase of Interests, Leases and Reservati~s and for Approval of 'l-Ode Exceptions. i 16g 1 ~prove Amendments to the Mitigation Banking Reservations pursuant to the acquisition agreements with Ra',,/lins ;~.nd Sharon Overstreet and Wilton Overstreet to purchase land qterests containing 595.0G acres, more or less, located in Osoeola County, Kissimmee Chain of Lakes Project. l )rove declaring SuFpJLI% land interests containing 84.69 acres, more or less, in the Lake Worth Drainage District E-iW North and South Canals, in Palm Beach County, and approve an agreement to exchange the surplus land interests with the Lake Worth Drainage District for"" . ~cqu s t on of land interests containing 6.61 acres, more or less, in Pa!m Beach CoL~r~!-/, Lo×ahatchee Mitigation Bank. 2prove the Conceptual Management Plan for the Shingle Creek Project, Save Our Rivers ram. }rize entering into a contract with the Florida Department of Environmental Protection and the Florida Greenways Coordinating Council, for facilitating the establishrnen!~l, the Flodda Greenways Tra?l System, at no cost to the District. (Contract Number 6-833t,~ Authorize entering into ,~ ',3ncf m,m,magement lease for the management of Site 1' East Coast Buffer, Palm Bead~ Co'~¢nt'/, in the amount of $ , as revenue to the District, subject to approval of prcposcd use by U. S. Department of Interior. (Contra? Number C- 8326) I Authorize entering into an amendment to a revenue contract withIsouth Florida Resource Conservation and Development Council, inc., to allow subleases to other approved farmers farm Frog Pond parcels 3, 4, 5, 6 and 7 as identified in the lease. (Contract Number C- 3981-A1) ,~ ' :jl~ t . 'Authorize entering into an am,,ndment to a revenue contl~ict with F edda Bay i'nitiative, INC., to include sustainable agricu~ure demonstration projects,~p~ the leased farm land parcelsin the Frog Pond. (Contract Humber C-6982 A-l) t"f ,.~ Authorize entering into a contract with Murray Logan Construction Company, the west responsive and responsible bidder, for construction of the S-82A Tailwater Weir In the ~amount of $496,000, for which funds are budgeted. This weir will be located in Highlands County near Lake Istokpoga. (Contract Number C-8012) uthorize entedng into a ~ntract with Ranco construction Corporation of South dda, the lowest responsive and responsible bidder, for construction services to construct improvements to the existing trailhead and hiking/nature trails of the Save Our Rivers (SOR) Corkscrew Marsh Public Use and Management Area, Collier County, Florida, in the amount of Base Bid of $189,169 plus Bid Alternate No. 6 - Pau Lope Wood of $25,000, Total: $214,1~9, for which funds are budgeted in FY97. (Contract Number C- .7016) Govermng Board Meehng August 14, 1997 Page 5 28. Approve and execute a resolution a. declaring and adopting G-69 a Work of the Distdct pursuant to Subsection 373.086(2), Fla. Stat., and Chapter 40E-6, Fla. Admin. C '~ e. b. amending South F orida Water Management D~strict's Resolution Num r 91- 01, passed and adopted on October 11, 1990 eliminating the project structure known as G-94D as a Work of the District pursuant to Subsection 373.086(2), Florida Statutes and Chapter 40E-6, Florida Administrative Code. c. amending South Florida Water Management District's Resolution Number 91- 01, passed and adopted on October 11, 1990 eliminatingfthe non-project structure known as G-210 as a Work of the District pursuant to Subsection 373.086(2), Florida Statutes, and Chapter 40E-6, Florida Administrative Code. OFFICE OF ENTERPRISE ENGINEERING 27. mpetition to purchase constructic and "Public i'nto Part Authorize sole source exception to the General Standards for specific electrical components used in data collec~on station from Campbell Scientific, Inc,, for a pedod~ three refurbishment years. OPERATIONS AND MAINTENANCE DEPARTMENT 8. Reque.t acceptano~ of the May 1997 C_.o~rative 'fn~ '.District Re Plant Invasion on FlOrida's Water Management District L~ Is." End of Morning Consent Agenda PUBLIC COMMENT (May be moved to fOllOw Public Hearfng) PUBLIC HEARING at 9:36' A.M/ Note: ~e ~a~ w~71 discu~ these ~ems ind~ually in ~e ~er list~. CONSTRUCTION AND ~ND MANAGEMENT DEPARTMENT 29 Approve the Adoption of Amendments to Chapter 4,0E-7, F.A.C. and th( )istrict' Use.. Guide for Designated Land Management Areas,r Incorporated by Reference V, Chapter 40E-7, F.A.C. (Docket No. 97-5). Fred Day/s, Director, Land Stewardship Division Ooverning go,'~,'d Meeting August 14, log7 Page 6 j 30. Approve declaring surplus land interests containing 4, lan.d in Broward County, East Coast Buffer Project, iapproval, and approve an agreemenl to exchange the Power and Light Company for the District's acres, more or less, in Palm Beach County, VV~lliam F. Malone, Dime',or, Construction & 3'1. Apgrove the purchase of land interests, ndudin§ )re or less. in a strip of Department of Interior land interests with the Fiodda land interests contalmng J'STA'2 Pr°jects' lm,pa ent and improvements, containing ~'l'tL1'78su acres, more or less, in Dade Counh/, 8.5 Square Mile Project, approve declaring rplus, disposal of, and removal from, the asset records, any, such structures and im;:.rovements deemed unnecessary for the stated purpose of the ~i'iginal land acquisition and authorLze a resolution to the Departme~t of Environmental lProtection requesting reimbursement for this acquisition and associated costs. J i t ~' Wflfiam F. Malone, Director, Construction & Land Managemen~DeP,~Lment ~ Authorize a second amendment to the agreement wi'th Helen Turke aJl~a'~Helen P. Turke for the purchase of rand interests containing 223.7 acres, more or less, in Dade County, L- 31N Project. ! j ~ ~ Chades R. Rinaldi, Deputy Director, Construction & Land Management Dept. Approve the purchase of ,and interests containing 730.09 acres, .more o~ less in Dade County, Model Lands Basin Project and C-111 North Project, and a~,.hodze!a resolution to the Department of Environmental Protection requesting mmbursement for this acquisition and associated costs. Chades R. Rinaldi, Deputy Director, Construction & Land Management Dept. or less, in Dade County, r~agement Dept. .ee County, ~e Internal associated 33. 34. Approve the purchase of land interests containing 20 acres, mob . Water ConservationArea Project Charles R. Rinaldi, Deputy Dire~r, Construction & La , Approve the purchase of land interests containing 45.00 acres, rr~ e or less, in ! CREW Project, and authorize a resolution to the Board of Trustees of Improvement Trust Fund requesting reimbursement for this aox uisRion an, costs. Charles R. Rinaldi, Deputy Director, Construction & Land Ma~gernent Consider acquisition of SOR lands. n Pub Hearing PUBLI,C C O MME N T (Ma~ be continu~d at this ti,m~ if not completed pnor to ~,~Opportunity for Board Members f isc ss atters of interest which are not on the CYwe'nlng Board Meeting Page 7 REPORT FROM THE ADVISORY COMMITTEES 37. OMBUDSMAN'S REPORT Richard E. WllFmms, Disbfcf Ombudsman DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT The Everglad~ Corm~u~,on Project Update will be the first ~ of busines~ ~ after the lunch break. Evergladel Construction Project Update Joseph A. Sdmligart, Interim Director, Everglades Con~ Project Jennifer Jorge, Deputy Director, Everglades Construction Project 39. Authorize Ihe transmittal of Formal Writlmt Protest ~ Petition for a Formal Administrative Hearing concerning 8outh Flodd~ Wster ~nt Districts Request for Bids No. C-ECP, ~ of STA-1W & 8'rA-2, t~1 by IT ~, to lite Division of Administrative Hemtn~ purmm~ to 8eclion 120.57(3), F.S., OR in the event ttm Formal VVrttten ProMst and PMition for a Formal Administrative Headng filed by IT~ i~ witl~lrm~n ~ prejudice: (a) Authorize entedng ~ a contract with Harry Pepper & Associates, Inc., for Ihe (xmsbuc~ion of 6'TA-1W Worlm in the amount of $18,334,100, of which $8,179,348 is ~ in FYO7, and the remaining $12,154,752 is subject (Contract Number C-E107) ~) Authorize entering into a contract with Bergeron Land Dev~ Inc., for the construction of STA-2 and WCA-2A I-lyd~ Reskm;dJon Wbrks, in the amount of $24,S70,500, of which $6591,483. b budgMmJ for FY97, and the remaining $17,979,017 is subject to Governing Board approval of the FYg8 and FY99 budgets [EC03]. (Contract Number C-E208) Joseph A. Sdm,e/gart, /nteam D/mca)r, Eve~g/ade~ Comeuca~o~ Project Governing Board Meeting August 14. 1997 P~ge 8 40. 41. 42. 43. Authorize amending the contract with Hutcheon Engineers, a division of Kimley-Hom and Associates, Inc., for professional engineering services associated with STA I VVe~t construction support services in a not-to-exceed amount of $1,731,440. of which $123,587 is budgeted in FY97, and the remainder is subject to Goveming Board approval of the FY98 ($1,476,000) and FY99 ($131,853) budgets. (CCNA, Contract Number C-E101-A5) Jennifer Jorge, Deputy Director, Everglades Construction Project Authorize amending lhe contract with Brown and Caldwell for professional engineering services associated with STA2 construction support services in a not-to-exceed amount of $2,816,101, of which $131,830 is budgeted in FY97, and the remaining $2,684,271 is subject to Governing Board approval of future fiscal year budgets; and aufl~orize extending the period of performance by 100 calendar days. (CCNA, Contract Number C-E201-A7) Jennifer Jorge, Depub/ Director, Everglades Construction Project Authorize amending a contract with Metcalf & Eddy, Inc., for professional service~ to operate the chemical treatment solids separation pilot facility (Phase 3) for nine months, for laboratory and jar testing, for presentaflon~ to the Everglades Technical Advisory Committee, for a basis of design report for large-scale chemical treatment facirflJse, for a final report, and for project related tasks in a not-to.exceed amount of $700,000, which is subject to Governing Board approval of the FY98 ($670,000) and FY99 ($30,000) budgets. (Contract Number C-E8601-A2) Nick Aumen, Research Program Director, Ecosystem Restoration DepL Everglades Cortstruction Project Financial Update Joseph M. Moore, Director of Budget and Procurement Offices OFFICE OF COUNSEL 4. Authorize an extension of the reservation of possession contained in the Stipulated Order of Taking of the STA lW eminent domain action (Parcel No. 102-027) styled ~ ~ from May 1, 1997 through November 30, 1997, for consMemtJon in the amount of $58,671.80. 45. consideration in the amount of $51,200.00. Ruth Clements, Senior Attorney, Office of Counsel 16G 1 Governing Board Meeting August 14. 1997 Page 9 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 46. Approve the purchase of land interests, containing 5 acres, more or less, in Palm Beach County, Field Operations Center, in the amount of $950,000 and approve a budget transfer from Buildings & Improvements to Land & Land Improvements in the same amount. William F. Malone, Director, Construction & Land Management Department OFFICE OF ENTERPRISE ENGINEERING 47. Authorize entering into an agreement w~th BellSouth Cellular Corp. to convert three of the District's microwave pathways to a now frequency, at the sole expense of BellSouth Cellular Corp.; and provide $425,000 per pathway as revenue to the District; and provide an additional $200,000 to fund District labor and consulting costs associated with condensing the post acceptance period from one year to ninety (90) days, for a total revenue amount of $1,475 million. (Contract Number C-8968) Trevor Campbell, Director, Office of Enterprise Engineering 48. Authorize entering into an agreement with Omnipoint Communications, Inc. to convert ten of the Disbict's microwave pathways, seven to digital technology, and three to a new frequency, at the sole expense of Omnipoint Communications, Inc. (Contract Number C- 8974) Trevor Campbell, Director, Office of Enterprise Engineering 49. Authorize amending a work order contract with Omnicom, Inc. waiving the competition provisions of the District Procurement and Contracting Policy, for technical consulting services to evaluate performance of the District's Communications and control System subsequent to Federal Communications commission (FCC) mandated microwave frequency relocation, to extend the term of the contract by 6 months to March 30, 1998, and increase the total not-to-exceed amount by $60,000 to $140,000, subject to Governing Board approval of the FY 98 budget. (Contract Number C-8363 A2) Trevor Campbefl, Director, Office of Enterprise Engineering BROWARD COUNTY SERVICE CENTER 50. (A) Concur with recommended staff objections, recommendations and comments to the Florida Department of Community Affairs on Broward County Comprehensive Plan Amendment Package 97-2. Jim Jackson, Senior Planner, Planning Department (B)Authorize staff to continue to pursue objections to Broward County Comprehensive Plan Amendment Package 97-2 on behalf of the District as the owner of and as the steward of the public investment in, the Chambers parcel (Amendment PC 97-17). Charles R. Rinaldi, Deputy Director, Construction and Land Management Department Governing 8oard Me. ting August 14, 1997 Page 10 REGULATION DEPARTMENT 51. Authorize Rule Development and Initiation of Rulemaking, and Approve the Publication Draft of Amendments to Chapters 40E-2, 20 and 23, F~,.C., and the Basis of Review for Water Use Permit Applications, Incorporated by reference in Rule 40E-2.091, F.A.C., pertaining to the extension of the expiration date for Individual Irrigation Use Class Water Use permits within the District's Lower West Coast regulatory basin. (Docket No. 97-7) Scott Bums, Director, Water Use Divfsion 52. Discussion of Permit Application Fees. Terrie Bates, Director, Regulation Department BUDGET OFFICE 53. ' Discussion and approvar of FY 97 Budget Amendment Joe Moore, Director of Budget & Procurement Office REPORT FROM THE EXECUTIVE DIRECTOR 4, Update on FY 98 Budget Joe Moore, Director of Budget & Procurement Office 55. Water Management Highlights Samuel E. Poole III, Executive Director Goveming Board Follow-up Items Samuel E. Poole III, Executive Director 57. Update on Litigation Barbara Markham, General Counsel f AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. B. C. D. E. F. G. Additions, Deletions, Substitutions Abstentions Pul~ Items for Discussion Molion to Approve Afternoon ~t Agent, except for items pulled for discussion Co, sider Aftemoo~ ~ Agenda Iten~ Pulled for Dtscussio~ Continue Morning Dtscu~l(~ Agenda (if applicable) Consider ^fferno<x~ Discussion Agenda Goveming Board Meeting August14.1997 Page 11 16G 1 AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not w~h to discu~ these items individually and may approve them as a group. Anyone wishing to speak on one ol them items ~hould complete a green ~,peaker card and submit it to the D~/fct Repr~Mntettve in the ~ prior to ¢onaUe~ ol the ~nt Agenda. This w~l permit the Chekrnan to purl such Items for individual discussion. A copy of the Consent Agenda is avalable upon request by contacting the Regulation Department at (561) 687.~736. 58. Consideration of Consent Agenda for Governing Board approval, which includes Construction and Land Management. items: Emergency Authorizations Right of Way Occupancy Permit Applications Right of Way ~ncy Permit Modifications Right of Way Occ~. pancy Permit Applications for Waiver of District Criteria Right of Way Occupancy Permit Applications for Approval Under Umited Amnesty Program 59. Consideration of Consent Agenda for Goveming Board approval, which includes Regulatory, items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) Everglades Works of the District Permit Applications SWIM Works of the District Permit Applications Federal Court Suits Memorandum of Understanding Governing Board Meeting August 14. 1997 Page 12 AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board will discuss individually in the order #sted on the agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 60. Authorize staff to initiate modifications or revocation of Permit Modification No..9801 authorizing a cross fence that is not equipped with a pedestrian gap or pass-through. W'dliam F. Malone, Director, Construction and Land Management Department Scoff Glazier, Associate Affomey, Office of Counsel E r n ADJOURNMENT Ae Status Reports 1. Report on Competition Waivers authorized pursuant to the District's Procurement and Contracting policy. 16G 1 MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD, WEST PALM BEACH FLORIDA THURSDAY, JULY 10, 1997 8:30 A.M. The following Board Members were present Eugene K. Pettis. Vice-Chairman Richard Machek Miriam Singer William Graham Vera Carter Mitchell Berger Michael Minton · Samuel E. Poole, III, Secretary CALL TO ORDER Vice-Chairman Pettis called the meeting to order at 8:30 a.m., followed by the invocation by Ms. Sandy Jurban, and the pledge of allegiance to the Flag of the United States of America. presentations: Ms. Miriam Singer. Chairwoman, Human Resources Committee, recognized June's Employee of the Month - The Budget System Development Team Approval of Mlnutes Motion by Mr. Minton to approve the Minutes of the Governing Board Meeting of June 11, 1997 and the Governing Board Regular Meeting of June 12, 1997 as written. Motion approved. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions Mr. Philip Kochan, Senior Business Operations Analyst, Executive Office, presented changes handed out as part of the revised agenda. A copy of the revised agenda is included in the official record of this meeting. Chairman Williamson deleted item 20. Board Governing Meeting July 10. 199'/ Page 2 B, Abstentions There were no abstentions. GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. Mr. Poole presented the schedule. A copy of the material used in his presentation is included in the official record of this meeting. 2. Comflder Tentative Agenda for August Workshop. Mr. Poole presented th~ tentative agenda. A copy of the tentative agenda is included in the official record of this meeting. 3. Accept the Audit Committee report, including recommended actions. Mr. Pettis. Chairman, Audit Committee. presented the report. He sam the Audit Committee met on July 9. 1997 and was presented the Inspector General's Activity Report. which included: A draft report issued on the Control and Administration of Overtime in the Operations and Maintenance Department. A written response is due on July 25. 1997. A copy of the final report should be available for the Board's review in early August. A report on a complaint from a District employee filed under the federal Whistle-Blower Act. Staff concluded its investigation and on July 2, 1997, provided the complainant a copy of the final report. The District's Whistle-Blower Policy provides that the employee be given an opportunity to respond in writing to the report. The Complainant's response, should staff receive one, will be forwarded to the Board, along with staff's final report. A request was made by another District employee for protection under the Whistle-Blower Act. In accordance with the Whistle-Blower Act and related District Policy, staff has determined that the request did not qualify for protection under the Act. Staff has informed the Complainant. The status of draft reports on the following audits was provided: A. Computer Purchasing Practices B. The District's Year 2000 Compliance Planning C. Accounts Payable Voucher Review Board Governing Meeting July 10. 1997 Page 3 D. Follow-up on the Implementation Status of Recommendations Contained in the State Auditor General's Audit on the District Draft reports for the~e audits will be issued in July and final reports will be available for the Governing Board in August. The Inspector General reported on two new audit initiatives. One will be a benchmarking study on support services and overhead to determine if the District is doing business in the most efficient and economical manner possible, and a second audit will be done on Operations and Maintenance Department control room operations. The Committee also approved the minutes of the Audit Committee Meeting of May 14, 1997. MORNING CONSENT. AGENDA A. Pull items for discussion. Mr. Berger pulled items 8.15, and 32. B. Motion to Approve the Consent Agenda except for items pulled for discussion. Motion by Ms. Singer to approve the Consent Agenda as revised. Motion approved. The following items were approved as part o/the Morning Consent Agenda, except for items 8, 15, and 32, which were pulled for discussion. 4. Approval of Budget Transfers. BIG CYPRF,~ BASIN 5. Authorize catering into a cooperative agreement with Collier County Public Works Division for a Gordon River Extension Basin Study to analyze the hydrologic characteristics of the basin in the amount of $ ! 83,333 of which funds are budgeted, and authorize a budget transfer from a dedicated Managerial Reserve Account to Interagency Expenditures - Local Government Account. (Contract Number C-8706) Board Governing Meeting July 10. 1997 Page 4 6. Authorize entering into a cooperative agreement with City of Everglades City for a water conservation monitoring plan in the amount of :$88,500 which is budgeted, and authorize a budget transfer from a dedicated Managerial Reserve Account to Interagency Expenditures - Local Government Account. (Contract Number C-8707) 7. Authorize entering into a cooperative agreement with Florida Water Services Corporation (F"WSC), also known as Southern States Utilities, for the implementation of a reuse project to provide reclaimed water for irrigation to high demand customers, removing these customers from the potable resource in the amount of :$300,000 for which funds are budgeted. (RFP Co779~3, Contract Number C-8814) MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 9. Recommend approval of Telecommuting Policy 03.4100 and continuation of the Alternative Work Schedule Pilot program until January I. 1998. 10. Authorize the donation of additional surplus computers to schools and 501C organizations who have education as their basic mission. I I. Authorize the donation of a surplus office trailer to the Okeechobee Corrections Facility and subsequent removal from the asset records. 12. Authorize the demolition and subsequent removal from the asset records of 4 block. buildings. 2 wood fran~ buildings, 2 single-wide trailers, ! pole barn, I metal shed and various site improvements located on Kissimmee River Restoration Properties. 13. Authorize the den~olifion and subsequent removal from the asset records of'a surplus single-wide mobile home located at S-65B. 14 Authoriz~ waiving Competitive procurement Standards and amending an existing contract with B & D Development for the lease of 10,800 square feet of office and waizhous~ space, in the amount of $85,06:5, for which funds are subject to Governing Board approval of the FYg8 budget. (Contract Number C-5192-A4) OFFICE OF ENTERPRISING ENGINEERING 16. Authorize renewing a contract with SAS Institute, Inc. for software licensing for an additional ten months in the amount of $48,460 for which funds are budgeted. (Requisition Number POi X'/04822) 16G il Board Governing Meeting July 10. 199'/ Page 5 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 17. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non-use commitments. ' . 19. Authorize a partial assignment of an Agreement for Sale and Purchase by and between the Estate of Edna Pearce Lockctt (ESTATE) and South Florida Management District (SFWMD) dated 02/17/93, allowing access/use of Canals 41 and 41A and Structures 82 and 83, by a partial assignment of any and all rights contained in Exhibits E and F of said Agreement to O. L. (Buck) Daniel (DANIEL), at no cost to the District. 23. Authorize entering into a contract with Murray Logan Construction, the lowest responsive and responsible bidder, for the restoration of approximately 1,760 linear feet of canal bank along the C-23 Canal, downstream of the S-97 structure, in the amount of $124,100, for which funds are budgeted. (Contract Number C-8008) 24. Authorize entering into a contract with Omega Contracting, Inc., the lowest responsive and responsible bidder, for the restoration of approximately 3,290 linear feet of canal bank along the C-24 Canal, downstream of the S-49 structure, in the amount of $191,944, for which funds are budgeted. (Contract Number C-8009) Board Governing Meeting July lO, 1997 Page 6 o 25. Authorize entering into a contract with L & D Nursery, the lowest responsive and responsible bidder, for the removal of approximately 1,500 tons of waste material from the Loxahatchee Cleanup site, in the amount of $56,250, for which funds are budgeted. (Conwact Number RX-×?03168) 26. Authorize amending a contract with Craven Thompson and Associates, Inc., for architectural and e~gineering services during the construction phase of the Ft. Lauderdale Field Station Project, in the amount of $13,192.67, to be reimbursed to the District, and extend the contract by four hundred and eighty (480) days retroactive to 05/04/96. (Contract Number C-5022, A9) OPERATIONS AND MAINTENANCE DEPARTMENT 27. Authorize sole source exception to the General Standards for Competition to purchase parts for Fairbanks Morse engines from Coltec Industries for a period of three years. 1 ECOSYSTEM ~ORATION DEPARTMENT 28. Authorize amending a contract with Prescott Follett & Associates, Inc./Brown and C. aldwell, a joint venture, for the detailed design services associated with pumping station G-335 to retroactively extend the period of performance for Phase I by 210 days at no additional contract cost [ECP433] (CCNA, Contract Number C-E200-A2). 29. Authorize amending a contract with the U.S. Army Corps of Engineers (USACE), Waterways Experiment Station (WES), for a study using an underwater, hydroacoustic remote sensing device to map the distribution and abundance of seagrass in the Caloo~ahatchce Estuary, to retroactively extend the contract by nine mouths, and revise · tbe sc, ope to include additional sampling and data transfer in the amount of $16,000 which is unbudgeted; and authorize a budget substitution in the same amount from Modeling/Otl~r Technical Services to Interagency Expenditures - Federal. (Contract Number C-7614-A 1) 30. Authorize entering into a contract with Poinciana Utilities, Inc., (PUl) to provide waste water service to Hatchincha Estates Subdivision area in the amount of $234,635, of which $157,885 is budgeted; and authorize a budget transfer in fix: amount of $76.750 from the Construction and Land Management Department, Real Estate Division, Land and Land Improvements to Permits and Fees. (Contract Number C-8611) Board Governing Mceting July 10, 1997 Page 7 3 I. Authorize entering into revenue contract with thc Florida Department of Environmental Protection (FDEP) to receive funding under an approved Section 3 i9 Grant as thc Environmcntal Protection Agency's cost-share portion to fund thc Chcrrdcal Treatment Followed by Solids Separation Demonstration Project in thc amount of $400,000. (Contract Number C-E8623) PLANNING DEPARTMENT 33. Request Governing Board authorization to create a Caloosahatchee Water Management Plan Advisory Committe~ chaired by William Hammond, Governing Board Member. End of Morning Consent Agenda RNIN D I NAGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA FORT MYERS SERVICE CENTER 8. Authorize entering into a cooperative agreement with Lee County Board of County Commissioners for the construction of a bridge. Mr. Bcrger asked if th~ District plans to build a bridge for a local government. Mr. Ice Moore, Director. Office of Budget and Procurement, said the District is acting as a conduit for funding from the Federal Emergency Management Act, and is not expending any District funds. Motion by Mr. Berger to authorize entering into a cooperative agreement with Lee County Board of County Commissioners for the construction of a bridge to replace the existing bridge at Bourbonlerre Street, in the amount of $400,000 for which funds are budgeted. (Contract Number C-8962), Motion approved. 15. Authorize entering into a contract with Kenneth W. Cooper for the lease of a single family dwelling in exchange for off-duty law enforcement services at Hickory Hammock. Mr. Berger asked if thc District receives any assistance from local law enforcement agencies at this site. Mr..Ice Moore, Director. Office of Budget and Procurement, said local police assist whenever they have time, but a continuous presence at the site is needed to discourage poaching at the site. · 168 1 Board Governing Mccting July 10. 1997 Page 8 Motion by Mr. Berger to authorize entering into a contract with Kenneth W. Cooper for the lease of a single family dwelling located at Route 98 and Sandhm Crane Road, Lorida, Florida, in exchange for off-duty law enforcement servtce~ at Hickory Hammock for a three year period. (Contract Number C-839g). Motion approved. 32. Authorize entering into a contract with Florida State University (FSU) to determine phosphorus sources and speclation in the Everglades Nutrient Removal (ENR) project and Water Conservation Area 2A. Mr. Bergcr questioned whether another phosphorus study is needed. Mr. Alan Hall, Director, Ecosystem Restoration Department, said this study was very important for Phase II of the project supplemental technology investigation.. Motion byAuthortze e~tertng into a contract with Florida State University (FSU) to determine phosphor~ sources and speclation in the Everglades Nutrient Removal (ENR) project m~d Water Colx~twation Area 2A in the amount $18S,000, of which $60,000 is un~ in FY97 and the reminder is subject to Governing Board approval of the FY98 ($125,000) budget~ authorize a budet sub fltu I n in t a n 000 ruth Eve lades ms Research Division lntera enc Ex ndttures- tateof FI rids to the Ecol csll En lneered stems Research Diviston Publi niversities. (Contract Number C-E8625). Motion approved. IrOBLIC COM3~ENT Mr. Philip Par~ons, Flofida Sugar Cane L~ague, commented on the U.S. Army Corps of Engineers 404 (Dredge and Fill) Permit application. Mr. Parsons said he doe~ not believe the District clearly understands the agn~ement it will enter into as part of the permit. He said Board Member~ should seek a clarification prior to the July 25, 1997 meeting to consider approval of the consm~tion projects under that permit. Ms. Barbara Markham, General Counsel, said staff has reviewed Mr. Parson's concerns and has determined that federal officials have given the District the modifications it has requested. She said the District's fight to challenge has been preserved under the agreement. She reported that she had been in contact with Mr. Keith Saxe, the attorney who wrote the estoppel letter for the Federal Government, and he will send a clarification letter. BOARD COMMENT Ms. Singer commended Ms. Maribel Balbin, Governmental Representative, Miami Service Center, and Ms. Mercedes Ban'eras, Director, Miami Field Station for their work during the recent flooding in Miami. Ms. Singer also congratulated Ms. Jennifer Jorge, Deputy Director, Everglades Construction Project, for her work with the District. 16G 1 Board Governing Meeting July 10. 1997 Page 9 Ms. Singer repeated a request that staff provide her with information on advertising the meeting dates of the District's vendor selection committee meetings. 38. OMBUDSMAN'S REPORT Mr. Richard E. Williams, District Ombudsman, presented the report. A copy of the material used in his presentation is included in the official record of this meeting. OPERATIONS AND MAINTENANCE DEPARTMENT 47. Authorize a settlement agreement of the federal litigation styled Indian Trail Water Control District v. South Florida Water Management District. Mr. Kent Loftin, Chief Consulting Engineer, Executive Office, presented information on this item. He said staff has been trying to mediate this issue since April 1997, and has developed a Memorandum of Agreement (MOA) with the Indian Trail Water Control District (ITWCD) that deals with canal and stormwater discharge options. Ms. Ruth Clements. Senior Attorney, Office of Counsel, said the MOA will be nul and void if a Surface Water Permit Modification is not granted to ITWCD by the District. Mr. Richard Tutti¢, Village Attorney, Village of Royal Palm Beach, expressed concern that the MOA may limit th~ Village's ability to drain stormwater. Mr. Turtle asked that language be aided to the MOA to address this concern. Mr. Loftin said ITWCD had stated it will take the responsibility of ensuring that discharges are properly handled. Ms. Markham said the Village of Royal Palm Beach could bring this concern forward in the permitting process. Ms. Clements said'she has met with Mr. D~xter Lehtinen, the attorney r~pr~senting ITWCD, and has reached an agreement to insert language addressing the concerns raised by the Village of Royal Palm Beach. A copy of the proposed additional language is included in the official record of this rn~ting. Ms. Elaine Usberson, The Sierra Club, urged the District to approve the original language of the agreement, without the additional language noted by Ms. Clements. Ms. Rosa Durando, Audubon Society of the Everglades, said the problems facing the Village of Royal Palm Beach will not be solved by inserting the additional language. She suggested that this matter be decided in court. 166 1' Board Governing Meeting July I0. 1997 Page 10 Motion by Mr. Minton to authorize, as revised by staff, a settlement agreement of the federal litigation styled Indian Trail Water Control District v. South Florida Water Management District, current/on appeal in the U.S. Eleventh Circuit Court of Appeals, Case No. 97-4050 and approve the Memorandum of Agreement between the South Florida Water Management District and the Indian Trail Water Control District regarding operational conditions for discharges into the C-51. Motion approved. ~ at 9:30 A.M. Vice-Chairman Pettis opened the public hearing. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Approve the purchase of land Interests, including structures and improvements, containing 69.08 acres, more or less, in Dade County, 8.5 Square Mile Project. Mr. William F. Malone, Director, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham ~ approve the purchase of land interests, including structures and improvements, containing 69.08 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and Improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 35. Approve the purchase of land Interests containing .41 acres, more or less, in Polk County, Kisslmmee Chain of Lakes Project Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management Department, pr~ented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. MoRon by Mr. Machek to approve the purchase of land interests containing .41 acres, more or less, in Polk County, Kisslmmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 16G 1 Board Governing Meeting July 10, 1997 Page I l Approve the purchase of land interests containing 117.10 acres, more or less, in Dade County, Model Lands Basin Project and C-II1 North project, and suthoriz~ a resolution to the Department of Environmental protection requesting reimbursement for this acquisition and associated costs. Mr. Rinaldi presented information on this item. A copy of thc material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the purchase of land interests containing 117.10 acres, more or less, in Dade County, Model Lands Basin Project and C-lll North project, and authorize a resolution to the Department of Environmental protection requesting retmburr~ment for this acquisition and ~soeiated costs. Motion approved. 37. Consider acquisition of SOR lands. Mr. Rinaldi said staff has nothing to report under this item. End of Public Hearing Vice-Chairman Pettis closed thc public hearing. Board members agreed to cortxider items 49 and 49A at this time. PLANNING DEPARTMENT ~ ~ an ,greement__wi, ~ Ron~ld M_.:.. Bergeron~_-~ 49. ~ regarding the Gulfstream parcea m ~ Broward County Mr. P. K. Sharma, Senior Planner. Lower East Coast Planning Division, Planning Department, presented information on this item. A copy of the material used in Ms presentation is included in the official r~c. xnd of this meeting. Motion by Mr. Graham to authorize entering into an agreement with Ronald M. Bergeron, Sr., property owner, regarding the Gulfstream parcel in the City of W~mon, Broward County, at no cost to the District; and authortz~ staff to withdraw previously raised objections on the amendment to the Broward County Comprehensive Plan. (Contract Number C-8765). Motion approved. 49A. Status Report concerning Broward County Commi~ion Initiative to designate Water Preserve Area lands acquired by the District as Conservation Future Land Use Category. Board Governing Meeting July 10. 1997 Page 12 1' Mr. Jim Karas, Interim Director, Broward County Service Center, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Karas reported that Broward County changed its land use designation for this property from Iow residential and commercial to conservation. He said the District expressed it's deep concern and objections to the change. Mr. Karas said the action devalues property purchased by the District from thc county, and forecloses options for use of the property. Mr. Karas said staff will recommend action on this issue in August. He said staff is seeking direction today from the Board. Mr. Berger sa. id he has discussed this issue with Broward County officials, who feel the District has misrepresented plans for use of this property. He said there has been no misrepresentation made to Broward officials by staff Mr. Berger suggested that staff continue to discuss a possible compromise on this issue with Broward County officials. Vice-Chairman Pettis directed staff to bricf the Board on this issue again in August. ECOSYSTEM RESTORATION DEPARTMENT 39. Everglades Construction Project Update Mr. Miller Andress. Director. Everglades Construction Project. announced that the District will take bids on the construction of STA-2 on July 15, 1997. Board members agreed to consider items 40 and 41 together. 40. Authorize entering into a contract with Seward Ship's Drydock, Inc., for the purchase of two, used Fairbanks Morse 38D8-1/8 opposed.piston,10-cylinder, blower-driven engines 41. Authorize entering into a contract with Purcell Equipment Services for the purchase of six, used Fairbanks Morse 38D8-118 opposed-piston, six-cylinder, blower-driven engines Ms. Jennifer Jorge, Deputy Director. Everglades Construction Project, presented information on these items. A copy of the material used in her presentation is included in the official record of this meeting. 16G ! Board Governing Meeting July I0. 1997 Page 13 Motion by Ms. Singer to: Authorize entering into a contract with Seward Ship's Drydock, Inc., for the purchase of two, used Fairbanks Morse 38DS-lff8 opposed-plston,10-cylinder, blower-driven engines for use in pumping station G-310 in the amount of $100,000, for which funds are budgeted [EC02]. (Contract Number C-E205) and to: Authorize entering into a contract with Purcell Equipment Services for the purchase of six, used Fairbanks Morse 38D8-I~t opposed-piston, six-cylinder, blower-driven engines, four engines for use in pumping stations G-310 and G-335, and two engines for spare parts, in the amount of $85,000, for which funds are budgeted [EC03] (Contract Number C-E206). Motion approved. THE FOLLOWING ITEMS (842 to 45) WILL BE RECOMMENDED FOR ACTION AT THE JULY 25 GOVERNING BOARD TELECONFERENCE: 42. Authorize amending the contract with Hutcheon Engineers, a division of Klmley- Horn and Associates, Inc., for professional engineering services associated with STA 1 West construction support services in a not-to-exceed amnunt of $1,731,440, of which $123,587 is budgeted in FY97, and the remainder is subject to Governing Board approval of the FY98 ($1,476,000) and FY99 ($131,853) budgets. (CCNA, Contract Number C-E101-AS) 43. Authorize entering into a contract with a contractor to be determined for the construction of STA-1W Works in an amount to be determined, of which $6,179,348 is budgeted in FY97, and the remaining $ is subject to Governing Board approval of the FY98 and FY99 budgets [EC02]. (Contract Number C-E107) 44. Authorize amencllng the contract with Brown and Caldwell for professional engineering services associated with STA2 construction support services in a not-to- exceed amount of $2,816,101, of which $131,830 ts budgeted in FY97, and the remaining $2,684,271 is subject to Governing Board approval of future fiscal year budgets; and authorize extending the period of performance by 100 calendar days. (CCNA, Contract Number C-E201-A7) 16G Board Governing Meeting July 10, 1997 Page 14 45. Authorize entering into a contract with a contractor to be determined for the construction of STA-2 and WCA-2A Hydropattern Restoration Works, in an amount to be determined, of which $6,591,483 i$ budgeted for FY97, lad the remaining $ is subject 1o Governing Board approval of the F~98 and FY99 budgets [EC03]. (Contract Number C-E208) Mr. Miller Andress. Director, Everglades Construction Project. said the above items are related to bids for construction of Stormwater Treatment Area (STA) l-West and STA 2, which will come to the Board for action at a special meeting on July 25, 1997. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 46. Approve the purchase of land interests, containing 5 acres, more or leas, in Palm Beach County, Field Operations Center. in the amount of $800,000, of which $400,000 is subject to Governing Board approval of the FY98 budget, and approve a budget transfer in the amount of :$400.000. This item was deleted. OFFICE OF ENTERPRISE ENGINEERING 48. Authorize entering into an agreement with BellSouth Cellular Corp. to convert three of the Districts microwave pathways to a new frequency, at the role expense of BellSouth Cellular Corp.; and provide $425,000 per pathway as revenue to the District; and provide an additional $200,000 to fund District labor and consulting costs associated with condensing the post acceptance period from one year to ninety (90) days, for a total revenue amount of'$1.475 million. (Contract Number C-8968) This item was deleted. REPORT FROM THE EXECUTIVE DIRECTOR 50. Water Management Highlights Mr. Poole presented the highlights. A copy of the material used in his presentation is included in the official record of this meeting. Ms. Singer asked if the District is joining the Southwest Florida Water Management District and the St. Johns River Water Management District in litigation involving a rate case by Florida Services Corporation. Ms. Barbara Markham, General Counsel, said the District is seeking permission from the court to enter as a friend of the court in the appeal of a rate case by Florida Services Corporation (Southern States Utilities). 16G 1 Board Governing Meeting July 10. 1997 Page 15 Ms. Kathy Copeland, Director, Office of Government and Public Affair~, reported on a joint effor~ by the Regulation Department and the Water Resource Evaluation D~partmcnt. She said the report cites results indicating that the phosphorus load from the Everglades Agricultural Area to the Everglades has shown a three year trend reduction of approximately 51 percent (+/- 18 percent). She said the trend looks good, but it is too early to predict if there will bca long- tcrm rcducfion. 51. Governing Board Follow-up Items Follow-up items were presented to thc Board as additional back-up material. 52. Update on Everglades Litigation Ms. Barbara Markham, General Counsel, presented the update. A copy of the material used in her presentation is included in the official record of this meeting. Responding to a comment by Ms. Barbara Markham that a status hearing has been scheduled for August 12 by Judge Hocvelar in U.S. vs. SFWMD, Mr. Minton asked if staffcan seek a ruling on the modified Consent Decree at that hearing. 53. Approval of Millage Rates for [z:Y--98 TRIM (Truth in Millage) Notices. Mr. Joseph M. Moore, Director, Budget & Procurement Office, present~ information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Moore said ~:taff recommcnd~ that the Board approve millages for the purpose of notifying County Property Appraiser~ for publication of TRIM Notice of Proposed Property Taxes as follows: District-wide Okeechobee Basin Everglades Construction Project Big Cypress Basin 0.284 mil 0.338 mil 0.100 mil 0.303 mil Motion by Ms. Singer to approve Millage Rates for TRIM (Truth in Millage) Notices as recommended by staff. Responding to a comment from Mr. Mike Slayton, Deputy Executive Director. that a statutory definition of the Water Resource Preserve Projects is available, Mr. Graham asked that staff provide him with a copy. Board Governing Meeting July 10. 1997 Page 16 Mr. Graham said staff needs to be clear about how it will use the extra funding generated by the proposed tax increase in this budget. Mr. Berger agreed. Motion approved. AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. Additions, Deletions, Substitutions · Mr. Pettis noted the following changes handed out as additional backup to Items 54 and 55 of the Afternoon Consent Agenda: RIGHT OF WAY OCCUPANCY Phillip Gary Matthews (page 2, paragraph 8): Postponed to August 14 Board PERMIT APPLICATIONS Surface Water Management M-2 Basin Impoundment (page 24. paragraph 5): Postponed to August 14 Board Environmental Resource Islandwalk (page 6, paragraph 3): Approval subject to no objections by July 11 Richland PUD (page 7. paragraph 4): Approval subject to no objections by July 11 Beacon Tradeport (page 8, paragraph 2): Permit Type includes new Construction/ Operation. approval subject to no objections by July 24 Five Stars Subdivision (page 8, paragraph 3): Postponed to August 14 Board Medley International Commerce Park (page 9, paragraph 5): Approval subject to no objections by July 24 Siesta Point Apartments (page I I, paragraph 9): Postponed to August 14 Board Kilpatrick Ranch (page 12, paragraph 1): Postponed to August 14 Board 16G 1 Board Governing Meeting July 10. 1997 Page 17 Evans Crary Senior Bridge Replacement (page 18, paragraph 1): Postponed to August 14 Board Wetland Resource Brooks of Bonita Springs/Sweetwater Ranch (page 15. paragraph 2): Acres of jurisdictional waters of the State impacted are 25.01 and acres of mitigation/compensation are 300.55. primary issues include wetland preservation, impacts, mitigation, monitoring and maintenance, approval subject to no objections by July 24 Consent Agreements Pedro Morrison (page 28, paragraph 1): Postponed to August 14 Board Roger Fina (page 28, paragraph 2): Respondent is Silver Spot Enterprises. Inc. (not Roger Fina) Town of Palm Beach (page 28, paragraph 4): Postponed to August 14 Board Emergency Order Town of Jupiter (page 29, paragraph 1): Added, concur with the Executive Director's second extension of Emergency Authorization and Order SFWMD 96-133 DAO-SWM issued to the Town of Jupiter to install and operate a discharge pump to provide emergency surface water drainage relief for Jupiter Community Park Ms. Terrie Bates, Director, Regulation Department noted the following: Everglades Works of the District Guerryland (page 24, paragraph 4): Postponed to August 14 Board In addition, the following change was made to the Afternoon Discussion Agenda: Item 56. C-51 at Spillway Park; Briefing on public access issue: postponed to August 14 Board B. Abstentions There were no abstentions. 16G 1' Board Governing Meeting July 10, 1997 Page 18 C. Pull Items for Discussion No items were pulled. D. Motion to Approve Afternoon Consent Agenda Motion by Ms. Singer to approved the Afternoon Consent Agenda. Motion approved. The following items were approved as part of the Afternoon Consent Agenda. AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 54. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: 55. Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) Everglades Works of the District Permit Applications Wetland Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials Consent Agreements End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATrERS CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT RIGHT OF WAY, 56. Briefing on public access issue; C-51 at Spillway Park with regard to existing cross- fence and modification of Right of Way Occupancy Permit 9801. 16G 1 Board Governing Meeting July 10. 1997 Page 19 This item was postponed to the August 1997 Board meeting. REGULATION DEPARTMENT RECOMMENDED ORDER 57. Consideration of the Crestwood Lake Associates' motion to withdraw application for Surface Water Management Permit Modification. (DOAH Case 96-2890) Ms. Barbara Markham, General Counsel, represented thc Governing Board in this matter. Mr. Ron Collins, Attorney representing Crestwood Lake Associates, requested to withdraw the application, subject tO the conditions of withdrawal recommended by staff. He said there is no legal prohibition against the Board's approval of the withdrawal request. Ms. Marcy I. LaHart, Attorney, Office of Counsel, represented District Staff in this matter. She said the Bo~d has the discretion to allow or deny the request for withdrawal of the application. Ms. LaHart said staff recommends that the Board grant the request to withdraw the application, with the conditions presented by staff. A copy of staffs recommendation and the conditions is included in the official record of this meeting. Mr. John Mariani, Attorney representing Royal Palm Builders, the petitioner, objected to the conditions presented by staff. He said there is no provision in law that allows an applicant to withdraw its cause of action after a jury has made its decision on the matter. Mr. Mariani also presented a letter that be asked be entered into the official record of this meeting. Board Members discussed staffs recommendation. Ms. Markham suggested that the Board delete condition B and include paragraphs 133-137 of thc recommended order, along with staff conditions A and C. Mr. Berger agreed. Motion by Mr. Berger to accept the withdrawal of the application subject to stalTs recommendations A and C, as more fully set forth in paragraphs 133-137 of the Recommended Order. Motion approved. Board Members allowed the letter referenced by Mr. Mariani to be entered into the official record of this meeting, but did not read the letter and did not consider it as part of their determination on this matter. Mr. Mariani said the Board's action did not address his client's concerns. 16G 1 Board Governing Meeting July 10, 1997 Page 20 End of Afternoon Agenda AD~JOURNMENT There being no further action to come before the Board, the meeting was adjourned at 3:30 p.m. 16G 1 MINUTES OF A BUDGET WORKSttOP OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, HELD AT DISTRICT HEADQUARTERS, 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA WEDNESDAY, JULY 2, 1997 9:00 A.M. The following Governing Board Members were present: Frank Williamson. Jr. Chairman Miriam Singer Richard Machek William Graham Vera Carter Mitchell Berger Michael Minton Samuel E. Poole III. Secretary Call to Order The meeting was called to order at 9:00 a.m. by Chairman Williamson. 1. Objectives of Workshop Mr. Joe Moore, Director, Office of Budget and Procurement, presented the objectives of this workshop. He said workshop items are presented as follow-up information to material provided to the Board on June 12. 2. Overview of Process to Date to Develop Budget Mr. Moore presented an overview of the budget process to date. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Moore said no new permanent positions are proposed in the budget document. He said a substantial number of positions have been targeted for redirection. 3. Overview of FY98 Projected Revenues Governing Bo~'d [3udgct Workshop 1 July 2, 1997 Page 2 Mr. Moore presented an overview of projected revenues. A copy of the material used in his presentation is included in thc official record of this meeting. 4. Overview of FY98 Program Proposals Mr. Moore presented the overview. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Trevor Campbell, Director, Office of Enterprise Engineering, said staff proposes to replace the District telephone system by a lease agreement. Mr. Moore said the proposal will allow staff better access throughout District headquarters, and will also allow better customer suppor~. Public Comment Mr. Matthew Morrison,' City of West Palm Beach, said the city supports the Lower East Coast Regional Water Supply Plan, and looks forward to developing long- term partnership projects with the District to implement capital improvement projects identified in the plan. Mr. Morrison said the city is ready to commit its share of funding and to move forward with an agreement on these projects. Mr. Frank Bemardino. Dade County Department of Environmental Resource Management, expressed concern that a number of items that are a priority for Dade County have been eliminated from the budget. He urged the Board to give strong consideration to the need for funding these projects. Ms. Gloria Bango, Mayor, City of Sweetwater, urged the Board to commit funds to help alleviate drainage problems in her city. Ms. Rebecca Sos,a, Mayor, City of West Miami, asked for financial assistance from the District for water quality improvement and flooding projects. !, Ms. Nanciann Regalado, National Audubon Society, said the budget should include sufficient revenues for the Everglades Construction Project and other restoration issues. 5. Discussion of Water Resource Development Process Mr. Michael Slay'ton, Deputy Executive Director, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Board Members agreed to consider item 7 at this time. 7. Public Comment C,,ovcrning Bonrd Budge! Wnrkshnp July 2, 1997 Page 3 Mayor Bango introduced Mr. Jose Diaz., President City Council, City of Sw¢¢twater, and Mr. Jorge Corzo, City Engineer, City of Sweetwater. Mayor Bango asked that Mr. Diaz and Mr. Cor'zo be. allowed to present information on the flooding problems facing the city. and a proposal seeking funds from the District to help alleviate the flooding problem. Mr. Diaz said the flooding problem is an emergency situation that threatens the health of residents. He strongly urged the District to budget funds to help with the flooding problem. Mr. Corzo said the city is requesting funds for construction of a collection and pumping facility that will allow the city to provide adequate drainage. Mr. Como distributed to Board Members a report supporting the city's request. 6. Discuss Program Prioritization Process Mr. Joe Moore, Director, Office of Budget and Procurement, presented information on the budget priofitization process. A copy of the material used in his presentation is included in the official record of this meeting. 8. Discuss Strategy for moving to Final Adoption in September Mr. Moore presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 9. Discuss Strategy for setting Proposed Millage Rates at July Governing Board Meeting Mr. Moore presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Moore said the Board will be asked to set thc Proposed Millage Rates at thc July 10, 1997 regular meeting for the purpose of complying with the state's Truth In Millage (TRIM) statute. He said the Board can lower thc millage rate, but cannot by law raise it after setting the rate in July. Mr. Moore said staff recommends a 1/20 mil increase for the Okeechobee Basin to fund critical restoration projects and Water Resource Development Projects. ADJOURNbfENT There being no further discussion to come before the Board, the meeting was adjourned at 2:30 p.m. MINUTES OF A TELECONFERENCE MEETING OF THE GOVERNING BOARD OF TIlE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA FRIDAY, JULY 25, I997 8:30 A.M. The following Board Members participated: Frank Williamson, Jr., Chairman Eugene K. Pettis Miriam Singer Richard Machek William Hammond William Graham Vera Caner Mitchell Berger Michael Minton Samuel E. Poole III, Secretary Call to Order The meeting was called to order at 8:30 a.m. Agenda Changes Mr. Poole said item 6 has been deleted. He said items 1, 2, 3, and 4, will be discussed later in the meeting, but no action will be taken. 5. Approval of the Memorandum of Agreement with Florida Power and Ms. Ruth Clements, Senior Attorney, Office of Counsel, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Clements said staff recommends approval of this item. Governing 8o~rd Teleconference Mecling July 25, 19q? Page 2 Motion by Mr. Minton to approve the Memorandum of Agreement with Florida Power and Light regarding use of Florida Power and Light's property in the Everglades Construction Project. Mr. Berger said he will abstain on this item. He said a colleague works for Florida Power and Light. Motion 1. approved. Abstain - Mr. Berger. Authorize amending the contract with Hutcheon Engineers, a division of Kimley-Horn and Associates, Inc., for professional engineering services associated with STA I West construction support services In a not-to-exceed amount of $I,731,440, of which $123,587 is budgeted in FY97, and the remainder is subject to Governing Board approval of the FY98 ($1,476,000) and FY99 ($131,853) budgets. (CCNA, Contract Number C-E101-A5) 2. Authorize entering into a contract with Harry Pepper & Assodates, Inc. for the construction of STA-1W Works in the amount of $18,334,100, of which $6,179,348 is budgeted in FY97, and the remaining $12,154,752 is subject to Governing Board approval of the FY98 and FY99 budgets [EC02]. (Contract Number C-E10T) 3. Authorize amending the contract with Brown and Caidwell for professional engineering services associated with STA2 construction support services in a not.to-exceed amount of $2,816,101, of which $131,830 is budgeted in FY97, and the remaining $2,684,271 is subject to Governing Board approval of future f'~al year budgets; and authorize extending the period of performance by 100 calendar days. (CCNA, Contract Number C.E201-A7) 4.. Authorize entering into a contract with Bergeron Land Development for the construction of STA-2 and WCA-2A Hydropattern Reztoratlon Works, in the amount of $24,570,500, of which $6,591,483 is budgeted for FY97, and the remaining $17,979,017 is subject to Governing Board approval of the FY98 and FY99 budgets [EC03]. (Contract Number C-E208) Mr. Poole said thc low bidder on this project, IT Corporation, was deemed non- responsive because it did not mcat the District's Minority and Women Business Enterprise (M/WBE) criteria. He said IT has filed a notice of intent to protest thc bid award, and staff has scheduled a mcating with IT to discuss thc issue. Mr. Joseph Schweigart, Interim Director, Everglades Construction Project, said no action can be taken today due to IT's notice of intent to file bid protest. He said staff will continue to work with IT to resolve this issue. Govcrn,ng Board Teleconference Mccnng 1 Ju~y 25, 199'/ Page 3 bis. Carolyn Williams. Director. Office of Supplier Diversity and Outreach. reviewed the District's M/WMBE criteria, and thc reasons why IT was determined to be non-responsive. Mr. Glenn Miller, Attorney, Office of Counsel, presented information on the procedural requirements of bid protests pursuant to District Rules and Florida Statutes. Hc also discussed thc District's options in this case. He said the Notice of Protest filed by IT prohibits any action being taken on ~he contract award today, and that staff will seek to determine if IT intends to file a formal complaint. Ms. Carter asked if thc deadline to begin construction of thc Everglades Construction Project will be impacted if IT initiates formal action on this issue. Mr. Schwcigan said thc Everglades Forever Act includes language dealing with delays caused by events that arc out of the District's control. He said staff believes this issue falls into that category. Ms. Barb~a Markham, General Counsel, agreed. Ms. Laurie Thompson, attorney representing IT Corporation, said her client filed the Notice of Intent to Protest in order to preserve its procedural rights. She said IT was the low bidder on this project and put together a good faith effort to meet thc District's M/WBE requirements. Due to a scheduling conflict, Mr. Graham left the meeting. Motion by Mr. PeRis to table action on items 1, 2, 3, and 4 until the August 1997 Governing Board Meeting. Motion approved. Absent - Mr. Graham. · ~,~,,,t~.~. o,: '~' 6.- Appro;': d:c!anng ...... ' e. nd of Lnt:r:,cr at, t~ ..... . t,.- ,~-- r-,:.,.-:-,_~ ,..:,g .,.. DT-A-~V and STA 2 This item was deleted. ADJOURNMENT There being no adjourned at 9:30 a.m. further business to come before thc Boa.rd, the meeting was i MEMORANDUM Misc. Correspondence Agenda Date Agenda Item #_~ TO: FROM: DATE: R~ Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department August 26, 1997 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. South Ftorida Water M _a3aqement ~ Pursuant to Flodda Statutes Chapters 189 and 190, the South Florida Water Management District has submitted fl3e following: (a) Response to Management Letter for Fiscal Year ended September 30, 1996. Thank You. iV, isa Cortes: '~ Collier ~oII and Water Cor~erw~on DL~'lct Iternf, ,~dcu~tur. C,e~te~, 147~3 Im ~ - Na~o~es, FL Phone (941) 455-4100 - FAX (941) 455-2693 16G 1 Auditor General Attention: Local Government P. O. Box 1735 Tallahassee, Florida 32302-1735 RE: Auditee's responses to deficiencies noted in the financial audit for the fiscal year ended 9/30/96 Dear Auditor General: Listed below are responses to the deficiencies noted in the financial audit for the year ended September 30, 1996. The District responds to the deficiencies noted on the internal control structure as follows: 2 0 3 o An invoice number has easily been added to the plat sales log since invoice numbers have been recorded on copies of the invoices. The District is aware of its lack of segregation of duties. The District budget is limited in the amount of funds allocated to personnel. This limitation requires few individuals to handle several tasks. The hiring of new personnel in 1997 allows for increased segregation of duties. The staff position normally responsible for formally preparing the bank reconciliations was not filled until March, 1997. The District did keep a running balance of its bank accounts and checked the balance to the statement each month. The District was slow in the depositing of funds on occasion due to the lack of office help as mentioned above. 6 Although the Board did not meet monthlyduring the fiscal year due to lack of a quorum', the Board has acquired new members and sin~e January,~'1997, has met once or twice each month except May and intends to continue to meet monthly. Internal control policies are described in the District's Supervisor's Handbook, as well as in ~ATION - DEVEL(:N~.IE~ - .~,~LF-OOVE'RNId ENT ' June 5, 1997 Auditor General Page 2 of 2 detailed descriptions of employee duties and re- quirements. The District responds to instances of noncompliance as follows: The District is aware of the importance of identifying property and equipment for its financial statements. The District was without employees during the last half of the fiscal year. The District has added personnel and it is the District's intent to prepare an inventory list currently and then again at the end of the fiscal year. If you have any questions or if I may be of further se do not hesitate to contact me. ~COLLIER ~-CONSERVATION DISTRICT Robert M. Griffin Chairperson kt b/~py to: Clerk of Circuit Court Finance Dept. "' 166 1' MEMORANDUM Misc. Correspondence Agenda Date Agenda Item #~ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners August 26, 1997 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pursuant to Florida StatUes Chapters 189 and 190, the Collier Soil and Water Conservation District has submitted the following: (a) Response to Management Letter for Fiscal Year ended September 30, 1996. Thank You. - 16G ! August 28, 1997 COUJER COUNTYTAX COt. LECTO~ COUPE - BLDG. NAPI.~$. FLORIOA 34112-.4~7 [941) 774-.8171 C. F.C. Honorable Timothy J.' Hancock, Chairman Collier County Board of Commissioners Courthouse Building F/3 Naples, FI 34112 Dear Tim: Florida Statute 197.492 requires that the Tax Collector shall make out a report to the County Co~issioners separately showing the discounts, errors, double assessments and insolvencies for which credit is to be given, including in every case except discounts, the name of the parties on whose account the credit is to be allowed.. The "Errors and Insolvencies" list for the tax year 1996 is attached. This computer compilation has as its supporting documentation the Property Appraiser's Certificate of Correction form (copy attached), which is approved throughout the year. Instead of the name of the parties (as stated in the Statute), we have identified same by the eleven digit property identification number which is the same as the folio nuffber on the Certification of Correction forms, which you approve. This Statute requires that you examine it and approve or disapprove same. We will appreciate your response.. Should you have any questions, please contact me. Sincerely, GLC/rJ ~nc.Z .. Date:, cc: M.' Welsh Itern~ Copies To: BI&Pg: To: ABE SKINNER, CFA CERTIFICATE OF CORRECTION FOR 19..~ COLLIER COUNTY TAX ROLL 121 Real Property 121 Tangible Personal Property Folio: ~ #: Mill Code: ~nd U~e: Should Be ~ To: The [nlti~l Assessed V~hmtion Was: Market Value: Assessed or Classified Use Value: Exempt Value: Taxable V~lue: Penalty (TPP): Irtitial Total Tax: (Check If applicable) The Correct Assessed Vnhmtlon Is' Market Value: Assessed or Class~ Use Value: Exempt Value: Tzxable Value: PenalVy (TPP): Corrected Total T~: _ A material mista~ of fact relating to aa essential condition of the property is being corrected within sixty (60) days of certification of the tax roll which occurr~l on , pursuant to s. 197.122(3)(o) F.$. Reason(si For Cm'rt~lon Correct N&A Combimd w/Parcel # Doubled w/Patcelff Adjust Value Adjust Square Feet Adjust No. Of Res. Units Adjust Land Uu: Vacant _. Correct Property Description Add to Roll Delete from Roll Bldg, Misc. TPP Adjust Lot Size Adjust Acreage Adjust No. Of Lot~ Back Assess Improved Res. Commercial Pl~as~ Explain Re.on(s) for Correction (us~ addltlmm! she.;-'~ If _~t~ :~-_~) Exemptions: IIX Widow(er)s Disab Wholly Allow Ag. Classification Curtilage Change Abe Sidtmer, Property Appraiser By Deputy: Received by T~ Collector Date x~:x:Z xl x;zxz x X o ~