Backup Documents 08/26/1997 R
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August 26, 1997
COLLIER COUNTY
BOARD OF COUNTY CO~MISSI~
AGENDA
August 26, 1997
9:00 A.M.
PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGEN/1%
MUST BE SIIf~MITTED IN WRITING WITH ~TION TO THE COUNTY
AI~INISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE ME~'FING AND
WILL BE HEARD UNDER 'PUBLIC PETITIONS".
ANY PERSON WHO DECII3ES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF ~ PROCEF-DINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF T~IE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TEST~ AND EVIDENCE UPON WHICH ~ APPEAL IS TO BE
BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIKITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY T~E C}~%_rRMAN.
ASSISTED LISTENTNG DEVICES FOR TKE KEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SC~IED~TLED FOR 12:00 NO0~ TO 1:00 P.M.
1. INVOCATION
2. PLEDGE OF AI/2~IANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved with changes 5/0, with the exception of Item %16A2- 4/0
Commissioner Norris abstained.
4. APPROVAL OF ~
A. July 22, 1997 - Regular meeting.
B. July 29, 1997 - Regular meeting.
C. August 5, 1997 - Regular meeting.
Approved as Presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
Page 1
August 26, 1997
A. PROCLAMATIONS
1) Proclamation encouraging citizens to participate in the
celebration of the 50 Anniversary of the Everglades National
Park. To be accepted by Susan Pareigis, Executive Director of the
Economic Development Council on behalf of Everglades City Mayor
Sammy Hamilton.
Adopted 5/O
1) Pat Cookson - DOR - 25 years.
2) Milton Killibrew - Road & Bridge - 10 years.
3) David Mteit - Utilities - DOR - 10 years.
4) Karl Boyer - OCPM - 5 years.
5) Bonnie Buchholz - Library - 5 years.
6) Fran Hays - Library - 5 years.
7) Donald Holt - Water - 5 years.
8) Alan Pitts - EMS - 5 years.
Presented
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY 96/97.
3) Facilities Construction Fund (301) FY 96/97.
7. FUBLIC ~'~ETITIONS
8. COUNTY AI]MINTSTRATOR'S REPORT
B. PUBLIC I~ORKS
1) Request approval of Regional Stormwater Management Study for
Wiggins Bay Basin, acknowledge developers contribution and
Page 2
August 26, 1997
Co
authorize staff to implement study recommendations.
Staff recom~_ndation approved;
Res. 97-328 Adopted - 5/0
2) Request the Board provide direction to staff regarding the
Placement of Directional and Other Informational Signs within
the Public rights-of-Way of Collier County.
Staff to bring back recommendations re uniform/ty (consensus)
3) Recommendation that the Board of County Commissioners
approve an Agreement with R&L Industries for the recycling of
agricultural plastic mulch at the Immokalee Landfill.
Approved 5/0
4) Recommendation that the Board of County Commissioners
consider an extension of the Immokalee Disposal Company Waste
Collection Franchise Agreement for Service Area Number Two.
Approved 510
5) Adoption of Resolution to amend and supplement the
Resolution authorizing the Issuance of Bonds for the Naples
Park Area Stormwater Improvement Project, to award the Bonds to
Barnett Bank, N.A., Naples, to set the amount of the Bonds, to
establish the Interest Rate on the Bonds and certain other
terms and provisions of the Bonds.
Res. 97-329 Adopted 5/0
6) Review of Collier County Water-Sewer District Financial
Plan, Results of the Water-Sewer Utility Rate Study, and
consolidation of Utility Administrative Ordinances.
Staff recou~nendation approved 5/0
7) This item has been deleted.
8) Approve a Work Order CEC-92 with Coastal Engineering
Consultants, Inc., and the associated Budget Amendment
necessary to conduct a preliminary feasibility study for the
proposed Haldeman Creek Basin Restoration Project.
Staff recc~mnendation approved w/additional direction. 5/0
PUBLIC S~RVTCES
1) Authorization to apply for a grant in conjunction with the
Collier County Public Health Department, Naples Community
Hospital, Collier Health Services, Inc. and the Indigent Health
Care.
Approved 5/0
D. SUPPORT SERVICES
Page 3
August 26, 1997
COUNTY
1) Approval of a lease agreement (and short form lease
agreement) between Collier County and PrimeCo Personal
Communications.
Auproved 5/0
COUNTY A~fORNEY'S REPORT
ko
Request by the Industrial Development Authority of Collier
county for approval of a Resolution authorizing the Authority
to enter into a Master Financing Agreement with GE Capital
Public Finance, Inc. on behalf of Naples Community Hospital,
Inc. for the purpose of financing the purchase by the Hospital
of certain medical and other equipment used by the Hospital in
its health care operations.
Res. 97-330 Adopted 4/0 (Co~n. Mac'Kie out)
Added:
B. Memorandum of Understanding - Programmatic Environmental Impact
Statement Project - U. S. Army Corps of Engineers.
Chairman to continue negotiations with the Army Corp. of
Engineers - Consensus
10. BOARD OF C~ COMMISSIONERS
Appointment of Board members to the Value Adjustment Board.
Co, mn. Berry selected for each day; Co~. Hancock, Com~. Norris,
Comm. Mac'Kie as needed and set 9/24, 9/25, 9/26 & 9/29/97 as
hearing dates
Bo
Appointment of member to the Utility Authority.
Res. 97-331 appointing Joseph A. Mandy - Adopted 4/1 (Co~.
Mac'Kie opposed)
Appointment of members to the Airport Authority.
Res. 97-332 appointing Stephen L. Price, Ernest SDinelli, Monte
Lazarus & Richard W. Anderson - f~opted 4/1 (Co~. Hancock
opposed)
Do
Appointment of member to the Parks and Recreation Advisory
Board.
Res. 97-333 appointing Daphnie Bercher - Adopted 5/0
Appointment of members to the Marco Island Beach Renourishment
Advisory Committee.
Res. 97-334 appointing Barbara Schiering, Charles J. Huttinger
& Gilmore P. Scholes - Adopted 5/0
F. Appointment of member to the Immokalee Enterprise Zone
Development Agency.
Page 4
August 26, 1997
Res. 97-335 appointing David E. Lindsey - Adopted 5/0
Discussion regarding request for workshop on September 30,
1997.
EDC Workshop to be attended by Commissioners
Ho
Added:
J.
Appointment of member to the Hispanic Affairs Advisory Board.
Res. 97-336 appointing Jorge Chemas - Adopted 5/0
Tourist Development Tax Discussion.
TDC to form subcommitte to study funding appropriations
Waiver of Permit Fee - Wishing Well Foundation.
Approved 5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMH~FFON~~PICS
A. Glen Donovan re Memorandum of Understanding
I~JBLIC }[F_2%RINGS ~U/T.T. BE }[EAR/3 IIWM]KDIA~ELY FOLI~F~r/2~G STAFF IT~
12. ADVERTISED PUBLIC }[FARINGS - BCC
A. COMPREHENSIVE PLAN ~S
B. ZONING ~S
1) Petition PUD-97-8, Bill Hoover of Hoover Planning Shoppe,
representing Northbrooke Development, Ltd., Bonita Grande
Hotel Corporation, and Land Trust 5405, Richard K.
Bennett, Trustee, requesting a rezone from "A" Rural
Agricultural to "PUD" Planned Unit Development, to be
known as Cypress Woods Golf and Country Club for a mixed
residential and golf course master planned community for
property located north of Immokalee Road and immediately
contiguous the east side of Interstate Highway 75 in the
east portion of Secs. 18 and 19, T48S, R26E, consisting of
283 acres, more or less.
Ord. 97-36 Adopted 5/0
2) Petition PUD-97-4, Blair A. Foley, P.E., of Coastal
Engineering Consultants, Inc., representing Eugene
Thrushman requesting a rezone from "A" Agriculture to
'PUD' Planned Unit Development for 36 villas and a
recreational pool area to be known as Marker Lake Villas
for property located on Vanderbilt Beach Road Extension in
Sec. 2, T49S, R25E, consisting of 12.06 acres.
Ord. 97-37 Adopted 5/0
Page 5
August 26, 1997
Continued to 9/23/97:
3) Petition PUD-82-33(1) Michael R. Fernandez, AICP, of
Planning Development Incorporated representing Harig
Manufacturing Corporation requesting a rezone from PUD to
PUD known as 'Wiggins Bay" for the purpose of eliminating
commercial land uses on commercially designated tract and
replacing same with a 7 story residential building
containing 56 dwelling units for property located on the
southeast corner of the intersection of Vanderbilt Drive
and Wiggins Pass Road in Sec. 16, T48S, R25E, consisting
of 148.26 acres.
Continued to 9/23/97
4) Petition R-97-3, Community Development and Environmental
Services Division representing the Collier County Board of
County Commissioners requesting a rezone from "PUD"
planned unit development to "E' Estates for the Island
Pines Garden PUD located immediately south of the County
Maintenance Facility on County Barn Road in Sec. 8, T50S,
R26E, consisting of 10 acres, more or less. (Continued
from the meeting of 8/5/97)
Ord. 97-38 Adopted 5/0
5) Petition R-97-4, Mark Raudenbush of Idyll Homes, Inc.,
requesting a rezone from RMF-6 to RSF-6 for property
located at the intersection of Pan Am Avenue and Grand
Canal Drive, further described as Lot 1, Gulf Harbor
Subdivision, located in Sec. 16, T48S, R25E.
Ord. 97-39 Adopted w/cap of 4 units. 5/0
1) Petition AV 97-014, Daniel Decesare, as agent for owner,
Vineyards Development Corporation, requesting vacation of
tract "C" (landscape and drainage easement) located on a
portion of the plat of Augusta Falls as recorded in Plat
Book 27, Pages 51 and 52, inclusive, of the Public Records
of Collier County, Florida.
Res. 97-337 Adopted 5/0
2) Request for Board to consider adoption of an ordinance
amending Ordinance No. 96-6, "The Utility Regulation
Ordinance", as amended, by amending subsection (E) (2) of
Section 1-3, to modify criteria for appointment of lay
members to the Collier County Water and Wastewater
Authority.
Ord. 97-40 Adopted 5/0
Continued to 9/23/97:
Page 6
August 26, 1997
3) Petition SNR-97-7,t~aroline Spounias requesting a street
name change from 4 Avenue S.W. to Carrotwood Road
located in Golden Gate Estates, Unit 32, Sec. 9, T49S,
R26E.
Continued to 9/23/97
Continued to 9/23/97:
4) Petition SNR-97-6,n~aroline Spounias requesting a street
name change from 2 Avenue S.W. to Mahogany Ridge Drive
located in Golden Gate Estates, Unit 32, Sec. 9, T49S,
R26E.
Continued to 9/23/97
Continued to 9/23/97:
5) Petition SRN-97-8,t~aroline Spounias requesting a street
name change form 6 Avenue S.W. to Tamarind Ridge Drive
located in Golden Gate Estates, Unit 32, Sec. 9, T49S,
R26E.
Continued to 9/23/97
Continued to 9/32/97:
6) Petition SNR-97-9,L~aroline Spounias requesting a street
name change from 8~ Avenue S.W. to Sycamore Drive located
in Golden Gate Estates, Unit 32 and 34, Sec. 9 and 16,
T49S, R26E.
Continued to 9/23/97
13. BOARD OF Z~ APPEALS
A. AESfERTI~ PUBLIC }IEARINGS
1) Petition CU-96-21, Geoffrey G. Purse of Purse Associates,
Inc., representing R. H. of Naples, Inc., requesting
Conditional Use "1" of the 'A' Rural Agricultural zoning
district for earth mining on property located ~ mile east
of Greenway Road at the end of Maretee Road in Sec. 7
T51S, R27E.
Res. 97-338 Adopted 5/0
2) Petition NUC-97-1, J. Dudley Goodlette of Goodlette,
Coleman & Johnson, P.A., representing Thomas L. and Nancy
L. Gregory requesting a non-conforming use change from an
indoor roller skating rink to a rental hall for local non-
for-profit civic and community associations with a primary
use as a bingo hall on property located at 6750 Golden
Gate Parkway further described as Unit 29, the east 150
feet of Tract 55, Golden Gate Estates, as recorded in Plat
Book 7, Page 57, of the Public Records of Collier County,
Florida.
Res. 97-339 Adopted w/conditions 3/1 {Coum~issioner
Page 7
August 26, 1997
Constantine opposed and Co~ssioner Berry out).
14. BOARD OF COUN'I~ COMI~ISSIONERS' COMMUNICATIONS
A. Cancellation of 12/23/97 BCC meeting
15 . STAFF · S COMMUNICATIONS
A. Discussion re Leadership Florida expenses incurred by
former Commissioner Matthews.
16. CONSENT AGENDA - Ail matters listed under this item are
considered to be routine and action will be taken by one motion
without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be re,moved
from the Consent Agenda and considered seI~arately.
Approved and/or adopted with changes 5/0, with the exception of
Item f16A2 - 4/0 (Commissioner Norris abstained).
A. COMMUNITY DEVTKLOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant final acceptance of the roadway,
drainage, water and sewer improvements for the final plat of
"Windsor Place at Berkshire Lakes"
Res. 97-318
2) Request to approve the final plat of 'Pelican Strand
Replat
With Construction and Maintenance Agreement & stiI~ulations
Approved 4/0 - Commission Norris abstained.
3) Waiver of road impact fees, library system impact fees,
parks and recreational facility impact fees, emergency
medical services system impact fees, water system impact
fees, sewer system impact fees, and educational facility
system impact fees for eight (8) single family houses to be
built by Immokalee Habitat for Humanity, Inc., in Naples
Manor Lakes and to fund said waivers from Affordable Housing
Trust Fund, Fund 191.
Res. 97-319, 97-320, 97-321, 97-322, 97-323, 97-324, 97-325 &
97-326 and Agreements
4) Request to approve for recording the final plat of
"Sapphire Lakes Unit 4B'.
With Construction and Maintenance & Escrow A~3reements &
stipulations
Page 8
August 26, 1997
5) Request to approve for recording the final plat of
"Augusta at Pelican Marsh".
With Construction and Maintenance & Escrow AGreem~nts &
stipulations
6) Request to approve for recording the final plat of
"Sapphire Lakes Unit 4C"
With Construction and Maintenance & Escrow Agreements &
stipulations
7) Recommendation to approve Commercial Excavation Permit
No. 59.614, 'Vanderbilt Beach Spoil Disposal" located in Sec.
29, T48S, R25E.
Waive the requirement for Security
B. PUBLIC WORKS
1) Report to the Board on the results of the Annual
Countywide Traffic Signal Warrant Study and Intersection
Improvement Program, and request funding approval along with
recommendations for installation of the recommended
improvements.
2) Recommendation to award four (4) annual bids, Numbers 97-
2704, 97-2705, 97-2707 and 97-2708 for Fiscal Year 1997-98.
Awarded to various vendors listed in the Executive ~mw,~y
3) This item has been deleted.
4) Request the Board approve a Work Order under the Annual
Agreement for Fixed Term Engineering Services with Hole
Montes and Associates, Inc. for Analysis and Design of Five
Intersections at various locations (Contract No. 95-2422,
W.O. HMA-FT-97-2).
5) Request the Board consider a Proposal to Establish a
Policy for the Installation of Advance Warning Signs with
Flashing Beacon Attached.
6) This item has been deleted.
Withdrawn:
7) Authorization to sole source purchase replacement pumps,
specified repair parts and materials for approved submersible
lift stations.
Withdrawn
8) Reimburse members of the Marco Island Beach Renourishment
Advisory Committee for expenses to be incurred in performance
of their duties.
Page 9
August 26, 1997
In the amount of $1,459.00
9) This item has been deleted.
10) This item has been deleted.
11) Approve a Developer Contribution Agreement between
Collier County and Reuven Haim Builders "Developer" for Road
Impact Fees in return for constructing the Radio Road Outfall
Drainage Swale.
12) Approve an Agreement with Bonita Grande Sand Company for
production and stockpiling of beach compatible sand for
maintenance of Collier County Beaches.
In the ~mount of $311,500.00
13) Award a Contract for Bid No. 97-2629, South Channel &
Water Turkey Bay Maintenance Dredging to Energy Resources,
Inc. in the amount of $397,405.00.
14) This item has been deleted.
15) Recommendation to approve an Agreement for Emergency
Water Interconnects between Collier County and Bonita Springs
Utilities.
16) This Item has been deleted.
17) Request approval of a Budget Amendment transferring funds
from Capital Outlay to Operating to cover costs for equipment
acquired under lease/purchase Agreement.
In the a~)unt of $110,300.00
C. PUBLIC SERV-/CES
1) Award the skateboard park concession agreement for the
East Naples Community Park and approve the attached budget
amendment to purchase an additional ramp. for the skate park.
Award to Sparrow Ventures, Inc.; Budget amendment amount
$25,OOO.0O
2) Enter into an agreement with Collier Sports Officials
Association, Inc., for the purpose of providing sports
officials for County-sponsored activities.
In the approximate amount of $50,000.00
3) Approval of a budget amendment and work order for the
final portions of construction of the Veterans Community Park
roller hockey rink.
Work Order ~SC-29 with Surety Construction, in the amount of
Page 10
August 26, 1997
$105,889.00
D. SUPPORT SERVICES
1) To Award Annual Bid #97-2702 for Furnishing and
Delivering Herbicides, Pesticides, and Fungicides.
Award to various vendors listed in the Executive Su~mary
2) Approval of a Memorandum of Understanding between Smart
PPN, Inc. And Collier County for Post-Disaster Assistance.
3) Recommendation to cancel current taxes upon land acquired
for public use.
Res. 97-327
4) Approval of electrical adjustments and repairs to the
major electrical components on the Main Government Complex.
Cou~etitive Bid Process Waived; Awarded to Southeast
Electrical Testing, Inc.
5) This item has been deleted.
E. COUNTY AI~"~/~ STRATOR
i) Recommendation that the Board of County Commissioners
award Bid #97-2706 for purchase and delivery of pine straw
mulch.
Awarded to Rick's Trucking in the amount of $44,100.00
2) To formally accept consent and emergency items approved
by the County Administrator during the Board's recess.
a) Budget amendment recognizing revenue to the Vineyards
Community Park.
In the a~ount of $10,000.00
b) Expenditures relating to minor improvments to the Jail
and the Clerk's Traffic/Fines area.
In the total a~ount of $12,250.00
c) Approval of an engine overhaul and designate Turbomeca
Engine Corporation as the sole source vendor.
In the amount of $140,136.00
d) Bid #97-2723, to supply sodium hypochlorite at the
aquatic facilities in both Golden Gate and Immokalee.
Award to Leslie's Pool Supply
e) Contract to construct South County Regional Water
Treatment Plant Odor Control System, Bid No. 97-2696.
Page 11
August 26, 1997
Award to Cardinal Contractors, Inc., in the amount of
$1,127,500.00
f) Bid #97-2693, to Evergreen Landscaping of Collier, for
grounds maintenance services at the main Government Center.
In the annual amount of $98,400.00
g) Acceptance of Road right-of-way, drainage and utility
easement for Autoranch Road
h) Budget amendment moving all Fund 606 Reserves into
Capital for paving of additional roadways and to close-out
the fund.
Total increae of $43,517.00 in appropriations for paving
i) Budget Amendments 97-347,97-382, 97-384, 97-388, 97-389
and 97-390
j) Budget Amendments 97-406, 97-409 and 97-414
k) Bid No. 97-2709, "Purchase/Delivery of Fertilizer'
Award to Naples Fertilizer & Garden Center, in the
approximate amount of $10,000.00
F. BOARD OF COUNTY COMMISSIONERS
G. MISTS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the
Chairman to s~gn Satisfaction of Lien for Services of the
Public Defender for Case Nos.: 96-9671 MMA, 97-2596 MMA, 91-
1058 CFA, 97-3947 MMA, 97-3571 M~A, 97-2797 MMA, 93-9731 M/4A,
97-25 M~A, 96-5022 MMA, 97-3583 M~4A, 96-2197 CFA, 95-4717
MMA, 96-5074 ~A, 97-1161 MFS, 93-2036 CFA, 93-2036 CFA, 95-
7495 MMA, 97-3201 MMA, 97-3268 MMA, 97-2805 MMA, 97-1014 MMA,
92-1675 CFA, 94-401 MMA, 94-5488 MMA, 95-104239 M/4A, 97-3109
~4A, 97-972 MMA, 96-9214 MMA, 96-6757 MMA, 96-480 MMA, 96-
1246 CFA, 96-10275 MMA, 96-10313 MMA, 96-9057 MMA, 96-601
CFA, 96-8441 MMA, 96-10396 MMA, 96-8010 MMA, 96-7564 MMA, 91-
2264 TM, 97-2217 MMA, 97-4946 MMA, 97-3229 M/4A.
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board sign the certification of
acceptance of the subgrant award for the anti-drug abuse
grant - Street Gang Prevention and Apprehension Program and
approve the related budget amendment.
Page 12
August 26, 1997
2) Recommend that the Board of County Commissioners sign the
Certification of Acceptance of the $140,850.00 Subgrant Award
for the Anti-Drug Abuse Grant #98-CH-SC-09-21-01-060/Serious
Habitual Offender Comprehensive Action Plan (SHOCAP) Program
and approve the related budget amendment.
3) Approval of a lease agreement between Collier County and
Florida Community Bank for the purpose of leasing office
space for the Sheriff's substation in Immokalee.
In the monthly rental amount of $910.00
1) Recommendation that the Board of County Commissioners,
Collier County, Florida, approve a Settlement Agreement and
Mutual Release resolving the lawsuit styled Collier County
Water/Sewer District vs. Kohler Construction Co., Inc., Case
No. 94-3404-CA-01-CTC, Circuit Court, Twentieth Judicial
Circuit in and for Collier County, Florida.
In the amount of $8,500.00
17. AIkTOURN
Page 13
ADDI IT~ 8 (C) (1) - AUTHORIZATION TO APPLY FOR A GRANT IN
CONJUNCTION WITH THE COLLIER COUNTY PUBLIC HEALTH DEPARTMENT,
NAPLES COMMUNITY HOSPITAL, COLLIER HEALTH SERVICES, INC. AND THE
MARION E. FETHER MEDICAL CENTER TO PROVIDE BETTER COORDINATED
INDIGENT HEALTH CARE. (STAFF'S REQUEST).
ADDs IT~ 9(~) - MEMORANDUM OF UNDERSTANDING - PROG~TIC
ENVIRONMENTAL IMPACT STATEMENT PROJECT - U.S. ARMY CORPS OF
ENGINEERS. (COUNTY ATTORNEY).
ADD, I/1~ 10(I) - TOURIST DEVELOPMENT TAX DISCUSSION (CHAIRMAN
HANCOCK).
IT'~M 10(J) - WAIVER OF PERMIT FEE - WISHING WELL FOUNDATION
(COMMISSIONER BERRY).
WItEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WttEREAS,
NOVY
5
PROCLAMATION
the Everglades National Park was authorized on May I0, 1934 by the United
States Congress and was established on December 6, 1947; and
on December 6, 1947, President Harry S. Truman formally dedicated
Everglades National Park in a ceremony held at Everglades City; and
the dedication of the Everglades JYatlonal Park in 1947 culminated more than
two decades of effarts dedicated to making a natfonal park in the Florida
Everglades a reality; and
Everglades National Park is also recognized as significant to the worm
community; and
the Everglades National Park has been set aside as a public park for the benefit
of the American people; and
the intermingling of plant and animal species.from both the tropical and
temperate zones, plus and saltwater habitats, provide the
vast biological ~ Park so untque;
and
a be
50th Anniversary
oft
A1
DONE AND
AICP, CHAIRMAN
'0
Strategic Plan
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That ... attprod~tely, two thousand, square miles, in the regum' of the
Eterglades ... shall be, and are hereby estabhshed, dedicated, and set aside as a public park for the
benefit and enjoyment of the people and shall be knoum as the Everglades National Park....The said
area or areas sltall be permanently reserved as a ufflderness, and no devest or projecl or?tan
for tire entertainment of visitors shall be undertaken which will interfrre with the preservatWn
intact of the unique flora and fauna and the essential priraitive natural conditions now prevailing
in the area.
Enabling Legislation fvr Everglades National Park, 1934
On December 6, 1947, President Harry S Truman formally dedicated Everglades National
Park in a ceremony held at Everglades City. This event culminated more than two
decades of effort by conservationists dedicated to making a national park in the Florida
Everglades a reality.
Set aside as a public park for the benefit of the American people, Ever~glades National
Park was the first national park to be established to preserve purely biological - not
geological - resources. The intermingling of plant and animal species/rom both the
tropical and temperate zones, plus the mergmgof fresh and saltwater habitats, provide
the vast biological diversity that makes the park so unique.
Designated as an International Biosphere Reserve, a World Heritage Site, and a wetland
of internat;onal importance, Everglades National Park is also recognized as significant to
the world community.
The fiftieth arrniversary of the dedication of Everglades National Park arrives on
December 6, 1997. During the Golden Armiversary year we have the opportunity to
commemorate the people and events that have brought Everglades National Park to the
present and to reaffirm our commitment to the future survival of the park and the
ecosvstern of which it is a part.
I[Purpose
To celebrate the significance of Everglades National Park on its 50~ birthday; to affirm the
park, why it was established and whyit is still important (Daniel Beard commented that if
the area became a national park, the National Park,Service must commit 50 to 100 years to
the park, otherw-ise it would not be worthwl-tile).
To raise awareness about the plight of the park and to gain support for accomplishing the
restoration projects.
To celebrate and recognize the park family (employees, alum.nj, volunteers, supporters,
cooperators and concessions) for establishing, developing, maintaining, researcFting,
promoting, interpreting, admtrtistering, and protecting tile park for a ~mlf-century.
To recogrtize those people instrumental in getting the park established.
A.n~versary Theme
Past, present, and future of Everglades National Park. The changing concept of the
Everglades ecosystem and national parks in general. Changes - growth, needs.
Scope
The park will carry out the celebration within the constraints of staff, time, and funds, and
!o the extent that other opporturtitiespresent themselves. TFtis will result in a mostly local
impact with national level invitees. If other opportunities do arise, we wi'l expand '
throu, g.h media broadc .a._st. We will work to ackieve an international peer locus that could
be fuLfiLled through an international corfference. The visitor center dedic tion will be a
national event.
Plarming and Coordination
Th.e p,ark, ',hro.u. gh !ts Pu.bl. ic A/faits Office, will continue as the coerdinating/contact
~.mt for C.oorclmat~on ot the anniversary. Public A/faits will coordinate with
Interpretation on ex]'fibits, on/off site programs, and facilities. There ate four events that
.are. l.arge enough to indicate a major investment of staff time. The park will utilize the
m.oae.nt command system to manage the major events. The park will direct all media-
relatecl announcements and discourse relating to its 'official" celebration events. The
Pub!ic A/fairs Office will take the lead, coordinate all media activities, and develop a
media plan for official events sanctioned by the park.
A steering committee, representing diverse groups and interests, has been established to
advLce on the anniversary. As policy, the park will consult the committee in all
anaxiversary plartning activities as a source of recommendations and guidance.
Steering Committee
The steering committee consists of the following members:
Mr. Joseph Browder Natural Resources Consultant, Dunlap and
Browder
Mr. Clyde Butcher Photographer
Mr. Don Castleberry Retirecl Regional Director, N'PS
Mr. Donald ~nqu~ Executive Director, Tropical Audubon Society
Mr. R/chard L Cunningham Retired Regional Chief of Interpretation, NPS
Chairman Billy Cypress Miccosukee Tribe of Indians of Florida
Mr. Neil De]ong Chief of Interpretation, Everglades National
Park
Honorable Dante B. FasceI1 Attorney and Former Member
US. House of Representatives
Ms. JacquelLne Griffin Ch/ed of Public Affairs, U.S. Army Corps of
Dr. Thomas Lodge, Ph.D., CEP Director, The Kampong of the
National Tropical Bota~cal Garden
Ms. ]oette Lorion President, Friends of the Everglades
Mr. Allan Milledge Attorney, Mil/edge, Iden & Held
Mr. Samuel E. Poole Executive Director, South Florida Water
Management District
Mr. Nathaniel Reed Former Asset ~ of the Interior
Dr. Bill Robertson, Ph.D. ~Wildlife Research Biologist, U.S. Geological
~urvey, Biological Resources Division
Mr. Cal Singletary President, Florida National Parks
& Monuments Association
Dr. Smart Strakl, Ph.D. Executive Director, Everglades Ecosystem
Restoration Campaign,
National Audubon Society
Mr. Estus Whiffield Policy Coordinator, Execdtive Office of the
Governor
We will also actively involve other agencies to the extent possible and mumally desired
and invite them to key events.
Celebration Dates
A year-long celebration will begin with ,dedication of the new visitor center on December
6, 1996, the 49· anniversary of the park s dedication. Celebration events will extend
throughout the year and culminate on December 6, 1997. A ye.a[_-Iong cele~,ation has
po, ten, t-i,al !o.r.l'dgh le.vel participation and national focus. Large main events will be
~ne~¢.u,ed.d,s.b.u.r .seal tl~'..oughout the year to maintain a focus of attention on the park.
tma.~tnonai ac. tiv~t~es will ~ concentrated during the last week leading up to the actual
_a,,n~__ve, rsary ?ate !o ai!ow lor, rnaxi~..um community and press attention. We feel this will
aatow rot easler plarmmg ant1 coorclmation.
'O
Activity Title;,
Proposed Schedule:
Purpose:
Description:
Activity Summary
Commemorative Logo
All Year
The anniversary logo will be used to promote
public and employee awareness and
understanding of the significance of the 50t~
anniversary of Everglades National Park.
Florida National Parks and Monuments
Association will be asked to commission an
artist to design an official logo based on the
anniversary theme of the past, present, and
future of Everglades National Park. The
approved logo will be used throughout the
year on a variety of materials tied to the
anniversary celebration, A commemorative pin
will be produced that can be worn by all
employees and may be sold to the public by
the cooperating association.
5 A1
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
IMAX Theater/Visitor Center
To increase the awareness of a broad public
audience on ecosystem issues and the
coordinated interagency effort for restoration
in order to sustain public support.
Initial meetings with local government and
sponsors have begun and land acquisition is
underway for an IMAX theater/visitor center
complex in Florida City. The National Park
Service is collaborating with the local
community, Destination Video and the
National Geographic Society in a conceptual
process for the facility and film that could also
include an inter-agency visitor center and
exhibits that convey ecosystem restoration
projects and public lands visitor information.
Sta/fing and operation needs would be
identified and funding would be matched with
private investments and state/city road access
adjustments.
5 A1
Activity Summary
Activity Title:
Rededication Ceremony
Proposed Schedule:
December 6,1997
Purpose:
To celebrate the significance of the park on its
50~ anniversary; to reflect on why and how it
was established; to reaffirm a commitment to
its restoration and preservation for the next
hah century.
Description:
The event will be scheduled, as it was in 1947,
in Everglades City. It will be marked by a
preliminary evening festival in Florida City
and an antique car procession to Everglades
City. Speeches will be reflective of the past and
important persons in the establishment of the
park, as well as setting the tone of commitment
for the future. As much as possible, the
rankings of speakers and dignitaries will match
those present in 1947. Margaret Truman
Daniels will be invited to read excerpts of her
father's dedicatory speech.
Activity TiHe:
Activity Summary
PBS Documentary on Everglades National
Park, the anniversary and the challenges of
preserving the Park and the ecosystem of
which it is a part, and on which its future
depends.
Proposed Schedule:
Release and airing in November-December
1996; special invitation showings in
conjunction with dedication of the new visitor
center.
Purpose:
To raise awareness about the plight of the park
and gain support for accomplishing restoration
projects.
Description:
The park is cooperating with WLRN on a one
hour program that will highlight the park and
its natural, emotional, aesthetic, and economic
importance; the pre-drainage system of south
Florida; current characteristics of the changed
system, with a review of population growth
and development, increased demands on the
system and projected future stresses; and plans
for restoration on the near term and longer
term scales, with prognoses for success and a
realistic look at the tough decisions and their
impacts on the variety of interests in the
re,on.
5 A1
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Park Newspapers, Special Issues
Winter and Summer editions
To inform and educate visitors about the
park's 50~ anrdversary and to interest potential
visitors in planning a visit.
The 1997 winter and summer editions of the
Visitors Guide to National Parks and Preserws of
South F/on'da, written and published by
Everglades National Park, will feature articles
addressing the anniversary theme of the past,
preseng and future of Everglades National
Park. It will also offer the schedule of
anniversary events.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Clyde Butcher Photo Exhibit
To be arranged
To educate the public about the beauty of
Everglades National Park with the purpose of
fostering an appreciation for the precious, but
dwindling ecosystem of which the park is a
part.
A photographic exhibit, using contemporary,
large-format landscape stills will be displayed
in the new main park visitor center.
Photographs of the Everglades will be featured
with photos of old-growth forests in other
regions of the United States to engender a
perspective that protecting natural systems is a
national issue. There is potential for the photos
to be used in publications, other printed
materials, and future exhibits.
5
A1
Activity Title:
Proposed Schedule:
Activity Summary
Dedication of the new Visitor Center
December 6, 1996
Purpose:
To £orma/ly open the new £aci/ity; higNight its
importance in orienting visitors to the park
and South F/orida ecosystem issues; to
inaugurate the park's anniversary year; and to
honor the memory of Ernest F. Coe as the
"Father of the Park".
DescripHon:
The event coincides with the anrtiversary of the
Park's dedication in 1947. Special invited
guests and speakers will introduce the theme
of this event as the kick off to the 50m
anniversary year. By executive action, the new
facility will be designated "The Ernest F. Coe
Visitor Center" and a commemorative plaque
will be unveiled. The park will present the Coe
award to an individual who has made
significant contributions to the park and its
well being.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Nature Photo Contest
January - November 1997
To bring attention to Everglades National Park
during its 50~, anniversary by providing an
opporturd ty for amateur and professional
photographers to focus their efforts on the
park and to display their art to the visiting
public. The photographs may serve to attract
attention to and concern for the park. The
event will provide an opporturdty for the park,
National Audubon, Clyde Butcher, and other
groups/individuals to work together in a
partnership.
After determining contest rules, judging
protocol, awards, and entry categories (e.g.
wildlife, landscapes, color, black and white,
amateur, professional, best of category, best of
show), ti'ds contest will be advertised through
na fional out. door/environmental and
photography magazines and local print media.
Judging will occur in late fall, in time for the
photographic art to be displayed in the
Everglades National Park visitor center prior
to December 6, 1997.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Celebration of David Fairchild's Role in Everglades
National Park's History
February 9, 1997
To increase the public's awareness of Dr. David
Fairchild's important role in the early history of the
effort to create the park, with emphasis on the first
reconnaissance by the National Park Service on
February 11, 1930, which involved a luncheon
meeting at The Kampong.
The Kampong, David Fairchild's estate in Coconut
Grove from 1916 to his death in 1954, is now part of
the National Tropical Botanical Garden. It will be
open to Kampong members, and to the public at $10
per person ($5 for students, free for preschoolers)
from 1:00 PM to 6:00 PM. Tour guides will conduct
hour-long tours of the grounds and museum,
concluded by exhibits and a short talk by the director
in the Fairchild/Sweeney house. Parking will be at
Plymouth Congregational Church (3400 Devon Road,
Coconut Grove), with bus transport to and from The
Kampong.
Activity Title:
Proposed Schedule:.
Purpose:
Description:
Activity Summary
Teacher Award Ceremony
March 1997
To honor dedicated teachers who have been
recognized for their years of service to the park
and their commitment to educating students
on the Everglades ecosystem.
Everglades National Park has been conducting
curriculum-based programs for students in the
five surrounding counties since 1971 and now
serves as a model for other national parks. The
park will conduct an awards ceremony for
about 120 teachers at the new visitor center.
Funding has been requested f-rom the National
Park Foundation and/or the National Parks
and Conservation Association.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Everglades Awareness Month
April 1997
To focus the science programs for fourth
graders in Florida schools on teaching the
students to understand and appreciate
Everglades Nationa/Park and the Everglades
ecosystem.
In January of 1996, Everglades National Park
distributed over 7,000 curriculum kits to fourth
grade teachers throughout the state. An
emphasis will be placed on using the kits
during April 1997. Activities sponsored by the
park will include art and essay contests for
separate age groups. The winning art will be
displayed and the winning essay read at the
park's rededication ceremony.
5
Activity Title.
Proposed Schedule:.
Purpose:
Description:
Activity Summary
Concert Series
April 5 through December 6, 1997
To commemorate the Park's artrdversarv and
present a powerful and inspiring envir~runental
education message to over one million children
and adults at selected Dade County festivals and
communi .ty events begiru-'dng in Abril.
The National Audubon Society, with
sponsorship by Dade County ~overrtment, will
present a series of envirorun~ntal musical
concerts by Eartlxma~ and the Planet Earth
Project, cdlebrattng the 50th Anniversary of
Everglades National Park and providin~ thought
provoking environmental education areas of
exhibits, demonstrations, and booths for festival
goers to visit.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Washington, DC Ceremony
June 20,1997
To commemorate the date on which a check
was presented to the Secretary of the Interior
for purchase of lands for Everglades National
Park.
In 1947, the Florida legisIature passed a bill
authorizing the expenditure of $2 million for
acquisition of privately-owned lands for the
park. On June 20,1947, Secretary of the
Interior Julius A. Krug accepted the check for
lands purchases. An event will be held at the
Department of the Interior in Washington, DC
to mark the 1947 date which culminated years
of effort leading to the final creation of the
park.
Activity Title:.
Proposed Schedule:
Purpose:
Description:
Activity Summary
Photo Exhibit
September 1997
To bring the 50u' anniversary to citizens of the
greater Miami area th,rough a presentation of
historic photos of the park's history.
A large, story-telling photo exhibit will be
displayed at the Historical Museum in Miami.
The photo/artifact exhibit will be set up and
managed by the museum. The exhibit may be
arranged chronologically or would change
periodically, featuring one decade at a time.
Exhibit materials may originate from the
museum, park collections, or from private
individuals. Text will be written by park staff.
There is potential for the exhibit to be
displayed elsewhere: Washington, DC and
other locations around the state. In addition,
the photos and text may have future uses in
publications and other printed materials.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Commemorative Stamp
December 1997
To attract interest in the anniversary from
collectors and other visitors who may wish to
retain quality, collectible memorabilia of this
significant event.
The original intent was to commission a
collectible, commemorative postage stamp for
issue and cancellation during the week leading
up to the actual anniversary date.
Unfortunately, the Citizen Stamp Advisory
Committee requires notification three years in
advance, making it impossible to have a special
stamp available in time for the anniversary.
However, we have located a significant
number of stamps, in mint/uncancelled
condition, that were issued in 1947 for the
park's original dedication. We propose to
make these available for purchase through the
Florida Parks and Monuments Association
during the last week of the anniversary year.
Special postal cancellation stations will be set
up on December 6, 1997 at the main visitor
center and in Everglades City. There are also
possibilities to create a postcard for the
anniversary.
Activity Title:
Proposed Schedule:
Purpose:
Description:
Activity Summary
Employee and Alumni Gathering
December 1997
To invite the alumni and employees of
Everglades National Park to join in the
celebration and to recognize them individually
and collectively for their efforts in protecting
the park for 50 years.
This event will consist of a catered dinner (or
BBQ) with keynote speakers. It will be an
opportunity for socializing, storytelling by
alumni, and an awards presentation to be
captured on video for park history. There is
also an opportunity, t/trough event timing, to
entice members of the NPS Employee and
Alumni Association, the Association of
National Park Rangers, and the Association of
National Park Maintenance Employees to visit
the park in conjunction with their annual
meetings scheduled to be held in Fort Myers,
Florida in December 1997.
RESOLUTION NO. 97- 32S
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE WHICH
ACQUISITIONS ARE REQUIRED TO INCREASE AND PROTECT THE DRAINAGE
SYSTEM CAPACITY OF THE WATERSHED AREA WITHIN THE WIGGINS BAY
BASIN DRAINAGE AREA.
WHEREAS, the Wiggins Bay Basin, located in Northern Collier County, is approximately
2,300 acres and, prior to development activities, was drained by a system of wetland sloughs in a
southerly direction with ultimate outfall into the tidal wetland systems of Wiggins Bay. Land
development in the Basin is required by regulatory agencies to accept off-site flow which historically
passed through their site and were then required to discharge flow from their sites via spreader swales.
Due to existing and possible future development south of Wiggins Pass Road, there is a potential for
the natural ouffall flowway to be "pinched off" which would cause upstream flooding; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, and safety and welfare considerations have been reviewed as they relate to the
implementation of said drainage improvements outlined in the "Regional Stormwater Management
Study for Wiggins Bay Basin" as prepared by Agnolia, Barber & Brundage; and it has been further
recommended by County Staff that is necessary and in the best interests of Collier County, Florida, to
maintain flexibility over the acquisition ofproper~y right required for the Wiggins Bay Basin Drainage
Improvements, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and
incorporated here!n by reference; and.
WHEREAS, Staffhas also recommended that it is necessary and in the best interests of Collier
County, Florida, to acquire drainage interests by easement and/or fee simple title for properties South
of Wiggins Pass Road to provide the protection and maintenance of the natural sheet flow of
stormwater drainage within the areas described in Exhibit "A", attached hereto and incorporated
herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has considered alternate locations, environmental factors, long range planning, cost
variables, concurrence and safety and welfare considerations relating to the final adopted location of
the drainage improvements and related facilities.
2. The drainage interests by e~.:.-rnent and/or fee simple title acquisitions identified on Exhibit "A"
are the most feasible locations, both necessary and consistent with the project requirements, in order to
permit the construction and maintenance of the drainage improvements and related facilities for
Wiggins Bay Basin Drainage Improvemen:s ("Project").
3. The Board has determined that the construction and maintenance ofthe drainage improvements
and related facilities are necessary for public purpose and is in the best interests of Collier County.
4. The construction and maintenance of the drainage improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Colqer County.
5. It is necessary and in the best interests of Collier County for the Board to acquire drainage
interests by easement and/or fee simple title identified in Exhibit "A"; and County Staffis hereby
authorized and directed to acquire by gift or purchase the drainage interests by easement and/or fee
simple title on the properties identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners.
The Board further directs staffto use appraisal reports or internal compensation estimates as staff
determines is necessary to best serve the needs of the project in a timely and cost-effective manner.
7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase ora
property where the purchase price of the parcel (:.he compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
which shall be predicated on "staffcompensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
8. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Real Property Management Department staffis hereby directed to offer
immediate delivery to the respective property owners of the full compensation (as established by the
appraisal or staffcompensation estimates in accordance with the provisions of Chapter 125.355,
Florida Statutes), in return for the immediate and proper execution of the respective easements and/or
fee simple title, and such other legal document.; and/or affidavits as the County Attorney's Office
deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its
present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments
which have been approved by the Office of the County Attorney, to remove the lien of any
encumbrance and for any such other purpose as may be required for the acquired drainage interests by
easement and/or fee simple title.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Director of Stormwater Management, or his designee, is
charged with the responsibility for completion of various capital improvement projects, and is hereby
delegated the authority to approve the purchase of land interests above the staffcompensation estimate
or appraised value and pay normally related costs when it is in the best interest of the Project, within
the pro-rata share of the land fights acquisition budget for the parcel being acquired, only when the
difference between the purchase price and compensation estimate or appraised value is less than
Fifteen Thousand and 00/I 00 Dollars ($15,000.00) or the current purchasing limits established by the
Collier County Purchasing Department; provided, Project funding is available.
10. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase
Agreements where the land owner has agreed to sell the required land rights to the County at its
appraised value or at that amount considered the "Administrative Settlement Amount" as such term is
internally used by the administrative agencies of Collier County.
12. Where the property owner agrees, by agreement ("Purchase Agreement" or "Easement
Agreement"), to convey a necessary interest in real property to the County, and upon the proper
execution by the proper~y owner of those easements or fee simple title, and such other legal documents
as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department
to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on
a closing statement and which shall be based upon the appraisal or staffcompensation estimate in
accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
13. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
bo, ly of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is
hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee
simple title and such other instruments as may be required to remove the lien of any encumbrance from
the acquired properties.
THIS RESOLUTION ADOPTED on this ~ '~dday of. ~.~¢/..~.o 7"' , 1997, after motion, second
and majority vote. Ef
H~i'~ F. ~s~on
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
OTIS. HANCOCK, CHAIRMAN
ro~io No: oo~s58oooo3 8 ~l
Parcel No: 801
DESCRIPTION OF A. DRAINAGE EASEMENT
A STORM WATER MANAGEMENT EASEMENT OVER, UNDER AND ACROSS ALL
TI fAT PART OF TIIE SOUTtIEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TIlE WESTERLY 80 FEET AND
TI tE SOUTHERLY 80 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND AS
RECORDED IN (OR BOOK 1399, PAGE 1466);
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST
CORNER OF TI {E SOUTHEAST QUARTER OF SAID SECTION 16, RUN SOUTH
00036'47TM EAST ALONG TIlE WEST LINE OF SAID SOUTHEAST QUARTER A
DISTANCE OF 30.01 FEET TO TIlE SOUTiIERLY RIGIIT-OF-WAY LINE OF WIGGINS
PASS ROAD; Tt fENCE NORTH 88007'04', EAST ALONG SAID RIGHT-OF-WAY LINE
233.45 FEET TO TIlE POINT OF BEGINNING;
TIIENCE SOUTH 00°36'47- EAST 294.65 FEET;
TI {ENCE SOUTI l 60° 17'58" EAST 277.97 FEET;
TIIENCE NORTtl 52°06'25" EAST 82.41 FEET;
TI IENCE SOUTII 86024'24" EAST 45.81 FEET;
TIIENCE SOUTII 29°01'17'' EAST 183.62 FEET;
TtlENCE SOUTtl 54°01'37- EAST 53.58 FEET;
TfIENCE NORTtl 81°3Y49- EAST 56.33 FEET;
TI tENCE NORTH 00°33'41 - WEST 38.00 FEET;
Tt I ENCE NORTll 60°14'47" EAST 42.43 FEET;
TI { ENCE SOUTt { 81 °28'33" EAST 53.38 FEET;
TI IENCE SOUTlt 30°00'19'' EAST 57.10 FEET;
TIIENCE SOUTII 67°32'I9" EAST 162.03 FEET;
T[IENCE NORTH 75015'34" EAST 93.66 FEET;
TIIENCE NORTI{ 55°21'21- EAST 89.35 FEET;
TIIENCE SOUTtl 49°39'I0. EAST 61.62 FEET;
THENCE SOUTH 64036'34'. EAST 59.35 FEET;
TI {ENCE SOUTH 63°42'06" EAST 128.81 FEET TO AN IRON PIN ON TI IE EASTERLY
LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
T1 tENCE NORTH 00°43'41" WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A
CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SUNNY TRAIL
tlEIGHTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TtIENCE NORTH 00°41'50" WEST ALONG THE WESTERLY LINE OF SAID
SUBDIVISION 676.63 FEET TO TIlE SOUTHERLY RIGllT-OF-WAY LINE OF WIGGINS
PASS ROAD;
TIIL:NCE SOUTII 88007'04.' WEST ALONG SAID RIGtlT-OF-WAY LINE 1140.01 FEET TO
TI [E POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
^GNOLI, BAR43~R ~ B~i/NDAGE, mC.
PROFESSION~E G.~;RS, PLANNERS AND LAND SURVEYORS
GUY P. ApAMS P.~.M. NO. 4390
REF: ABB DWG. FILE NO. 5872R
117' 05-156K 7.
EXHIBIT "A"
Page 1 of ~
SHEET I OF 2
mmmmmmmmm
5 ,~ ~ .'%, ;-% "~"
Page 2 of ~
Parcel No: 802 8 B 1
(REVISED 3/4/97)
DESCRIPTION OF A DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL TIIAT PART OF TttE
SOUT[[EAST QUARTER OF SECTION 16, TOWNSItIP 48 SOUTI[, RANGE 25 EAST,
COLI.1ER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLI.OWS:
TIlE EASTERLY 35 FEET OF TIlE FOLLOWING DESCRIBED TRACT OF LAND AS
RECORDED IN (OR BOOK 1399, PAGE 1466);
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST
CORNER OF TI IE SOUTttEAST QUARTER OF SAID SECTION 16, RUN SOUTH
00°36'47'' EAST ALONG THE WEST LINE OF SAID SOUTttEAST QUARTER A
DISTANCE OF 30.01 FEET TO THE SOUTHERLY RIGI IT-OF-WAY LINE OF WIGGINS
PASS ROAD; TI IENCE NORTH 88°07'04" EAST ALONG SAID RIGIIT-OF-WAY LINE
233.45 FEET TO TIlE POINT OF BEGINNING;
TI IENCE SOU'I-II 00o36'47" EAST 294.65 FEET;
TI1ENCE SOUTtl 60°t7'58" EAST 277.97 FEET;
TttENCE NORTfl 52°06'25" EAST 82.41 FEET;
TIIENCE SOUTIt 86°24'24" EAST 45.81 FEET;
TItENCE SOUTtI 29°01'17" EAST 183.62 FEET;
TIIENCE SOUTH 54°01'37" EAST 53.58 FEET;
TIIENCF. NORTI! 81°33'49" EAST 56.33 FEET;
T~tENCE NORTtt 00°33'41" WEST 3fl.00 FEET;
TI I ENCE NORTIt 60° 14'47" EAST 42.43 FEET;
TIIENCE SOUTtt 81°2fl'3y' EAST 53.38 FEET;
TI IENCE SOUTIt 30°00'19" EAST 57.10 FEET;
TtIENCE SOUTlt 67°32'19" EAST 162.03 FEET;
TI tENCE NORTIt 75°15'34" EAST 93.66 FEET;
TIIENCE NORTtl 55°21'21" EAST 89.35 FEET;
TIIENCE SOUTtl 49°39'10.' EAST 61.62 FEET;
TI IENCE SOUT[I 64°36'34" EAST 59.35 FEET;
TI IENCE SOUTIt 63042'06" EAST 128.81 FEET TO AN IRON PIN ON TIlE EASTERLY
LINE OF TItOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF TIlE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TI IENCE NORTH 00°4Y41" WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A
CONCRETE MONUMENT MARKING TIlE SOUTHWEST CORNER OF SUNNY TRAIL
ftEIGttTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TItENCE NORTH 00041'50'' WEST ALONG THE WESTERLY LINE OF SAID
SUBDIVISION 676.63 FEET TO TIlE SOUTHERLY RIGItT-OF-WAy LINE OF WIGGINS
PASS ROAD;
Tt I ENCE SOUTH 88°07'04" WEST ALONG SAID RIGtlT-OF-WAY LINE 1140.01 FEET TO
THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, BA~ER & BRUNDAGE, INC.
PROFESSIO tN~/L 7bIEERS' PLANNERS AND LAND SURVEYORS
BY_,
G U Y P'/75 Jku/MI, P.~:M- NO. 4390
REF: ABB DWG. FILE NO. 5872
GP,.t,'Ii
WP. 12.47,IK6. DE.V;
SHEET I OF 2
Page 3 of ~
8 B 1 '
,<
IB~II~A Folio No: 00154960009
I~,qll]-% ~-nc~l No
, IBIIBI,~.. l&a&-~t_/~ . 803
Illi I
lillllk~
IIIllll~. .......
Pro~css nn~l chanters, pl~nncrs ~ I~nd su~ors
D~SC~ON OF A D~NAGE ~ASE~NT
8 B1
A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE SOUTHEAST
QUARTER OF SECTION t6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE FOLLOWING DESCRIBED PARCELS OF LAND AS RECORDE
IN (O.R. BOOK 752, PAGE 1263);
PARCEL A
COMMENCING AT THE EAST 114 CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST AND WEST I/4 LINE OF SAD SECTION 16, SOUTH 88°07'17" WEST
114 FEET TO THE INTERSECTION OF SAID 1/4 LINE WITH THE TANGENT TO THE CURVE OF
THE EAST RIGHT-OF-WAY LINE OF U.S. 41, (S-90, TH~ TAMIAMI TRAIL);
THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 1°00'30"
EAST 1480.30 FEET;
THENCE SOUTH 88°59'30" WEST 610.40 FEET TO A CONCRETE MONUMENT FOUND AT THE
NORTHWEST CORNER OF THOSE LANDS DESCRIBED BY DEED RECORDED IN DEED BOOK 15,
PAGES 566 AND 567, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, AND
THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCR/BED;
THENCE CONTINUING SOUTH 88°59'30" WEST 621.74 FEET TO THE EAST LINE OF GULF
HARBOR, A SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 31, COLLIER COUNTY
PUBLIC RECORDS;
THENCE ALONG SA.ID EAST LINE, NORTH 0°42'36" WEST 126.96 FEET TO THE NORTHEAST
CORNER OF SAID GULF }{ARBOR;
THENCE NORTH 0°42'36~ WEST 625.58 FEET TO THE SOUTHWEST CORNER OF LOT I0 OF
BLOCK 4, OF SUNNY TRAIL HEIGHTS, A SUBDIVISION AS RECORDS DIN PLAT BOOK 4,
PAGE 43, COLLIER COUNTY PUBLIC RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID SUNNY TRAIL HEIGHTS, NORTH 88045'48"
EAST 617.22 FEET TO A CONCRETE MONL/A4~NT FOUND AT Tt{E SOUTHEAST CORNER OF
LOT 15, OF BLOCK 2, OF SAID SUNNY TRAIL HEIGHTS;
THENCE SOUTH I°03]14' EAST 754.99 FEET TO THE PLACE OF BEGINNING;
BEING PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 10.72 ACRES OF LAND, MORE OR LESS.
SHEET 1 OF 3
Page 5 of ~'
Main Off]ce: 7400 Tamiaml Trail N.. SuJl¢ 200, Naples, Florida 33963 · (941) 597.31 l I · F,%'(: (94 l) 566-2203
Lee County: 1625 Hcndey St.. 5u;tc 101, Fort Myers, Florida 33901 · (94 ] ) 334- l 173 · F,'%X: (941 ) 334- I 175
Folio No: 00754960009
Parcel No: 803
DESCRIPTION OF A DRAINAGE EASEMENT
PARCEL B
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 16, TOWNSHIP 43 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 16, SOUTH 88°07'17, WEST
3.14 FEET TO THE INTERSECTION OF SAID I/4 LINE WiTH THE TANGENT TO THE CURVE OF
THE EAST RIGHT-OF-WAY LINE OF U.S. 4 I, (S-90, THE TAMIAMI TRAIL);
THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 1°00'30,
EAST 1480.50 FEET;
TIHENCE SOUTH 88°59,30, WEST 150.00 FEET TO THE WEST R/GHT-OF-WAY LINE OF SAID U.S.
41'
THENCE CONTINUING SOUTH 88°59,36, WEST 610.40 FEET TO A CONCRETE MONUMENT FOUNE
AT THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED BY DEED RECORDED IN DEED
BOOK I S, PAGES 566 AND 567, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY,
FLORIDA AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE WEST LINE OF SAID LANDS, SOUTH 1°00'30, EAST 264.00 FEET;
THENCE SOUTH 88°59'30, WEST 623.12 FEET TO THE EAST LINE OF GULF HARBOR, A
SUBDIVISION AS RECORDS DIN PLAT BOOK 4, PAGE 3 I, COLLIER COUNTY, PUBLIC
RECORDS;
THENCE ALONG SAID EAST LINE, NORTH 0042'36, WEST 264.00 FEET;
THENCE NORTH 88059'30, EAST 621.74 FEET TO THE PLACE OF BEGINNING;
BEING A PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLOR/DA;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 3.77 ACRES OF LAND MORE OR LESS.
AGNOLI,,. I~l .,~BRUNDAGE, INC.
PROFESSI~' Al INEERS, PLANNERS AND LAND SURVEYORS
BY
GUY 1~ IS, 'P.S.M. NO. 4390
REF: ABB DWG. FILE NO. 5887
GPA/I'~
WP-12.485K6. DiCS
SHEET 2 OF 3
Page 6 of F
8 B1
I
Parcel No: 803
.... I .... I .;
· .. ; ;',',:
N 88'45'48"£ 617.22
~V~STERL Y 40'
PARCEL A
P.O.C.~
EAST -~
CORNER
SECTION
16
P.O.B.--
N 88'59'50"E 621.74
PARCEL B
N 88'59'30"E 623.12
150.00
NOT A SURVEY
for: j
COLLIER COUNTY, FLORIDA project: SECTION 16, TOWNSHIP 48 SOUTH,
title: RANGE 25 EAST SKETCH & DESCRIPTION OF DRAINAGE EASEMENT
SHEET $ OF
;NOLI
RBER &
dote:
DEC. 9, 1996
scole: J book:
N.T.S. jpage:
project j acad: 5887-SD
no.: 7516 Itech: 7316
Page 7 of ~
8 B1
Folio Number:. 25._4.6.12.~11~
Fee Simple Title
Parcel: I01
EXHIBIT "A"
THE SOUTH 40 FEET OF LOT 9 AND ALL OF LOT I0, BLOCK 4,
SUNNY TRAIL HEIGHTS, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 43, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
Project: Tarpon Cove PUD
Ordinance No. 95-70
This instrument prepared by:
VMen N. Hastings, Esquire
801 Laurel Oak Drive, Suite 500
Naples, FL 34108
2222439 OR: 2344 PG: 0276
D0¢-,?0
lets:
ilA~ ,ROPH?, 8 B
IXTIi O~HCI
Tax Folio Number: 75461280009
WARRANTY DEED
THIS WARRANTY DEED made this ~:} day of;~3"'~rL/LL~..x/ , 1997, by WCI
COMMUNITIES LIMITED PAR.TNERSHIP, a Delaware limited partnership (hereinafter called
the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its
':.uccessors and assigns, whose post office address is 3301 Tamiami Trail East. Naples, Florida
34112 (hereinafter called the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives, and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10,00) and other vaIuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee. ail that
certain land situate in Collier County, Florida, to wit:
Lot 8 and the North thirty feet (30') of Lot 9, Block 4, off SUNNY TRAIL
IIEIGIrITS, as shown on the plat recorded in Plat Book 4, Page &3, Pablie
Records of Collier County, Florida ("Property").
This Property is not now, nor has it ever been, the homestead of the Gramor, nor is k
contiguous to any home:read of the Grantor.
Subject to:
1. The Property described above is being conveyed to Grantee according to the terms
of that certain Water Management Fair Share Contribution Agreement. dated December 17, 1996
and recorded in O.R. Book 2270, Page 0070, of the Public Records of Collier County, Florida.
record.
Covenants, conditions, restrictions, easements, limitations and reservations of
TOGETHER with all the tenements, hefiditaments, and appurtenances thereto belong or
in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good fight and lawful authority to sell and convey
said land; that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances
except as noted above.
IN WITNESS V-rHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
Signed. sealed and delivered
in the presence of:
Printed Name I ~
Printed Name
STATE OF FLORIDA )
COUNTY OF CO~ )
*** OR: 2344 PG: 0277 ***
8 B 1
WCI COMMUNITIES LLM1TED PARTNERSHIP,
a Delaware limited partrm'ship
By: ~/'~ '
Ie~cy/~. ~[~hmoyer, Senior Vice Pr~ident
The foregoing instntment was acknowledged before me this ~'~day of~J~-~.~/
1997, by Jerry H. Schmoyer as Senior Vic~ President of WCI Communities Limited ~ ':[
Delaware limited partm'rship, on behalf of the parmersh~, tie is personally kno~a~t0~me.
c~tu£a cot, nv. n~m~.~
- ~ M$t$~,a~i C~unt.~ Attorne.~ -
i:deedhnrn cry
8 B
SECOND AMENDMENT AGREEMENT
MODIFYING SOLID WASTE COLLECTION SERVICE AGREEMENT
WITH IMMOKALEE DISPOSAL COMPANY
THIS SECOND AMENDMENT AGREEMENT TO SOLID WASTE COLLECTION
SERVICE AGREEMENT (hereinafter "Second Amendment"), is made and entered into this
day of ~ , 1997, by and between the Board of County Commissioners of
Collier County, Florida, a political subdivision of the State of Florida (hereinafter "County") and
Immokalee Disposal Company (hereinafter "Contractor"), a sole proprietorship by and through
its owner, Larry Collins, having its principal place of business at 120 New Market Road,
Immokalee, Florida 34142. This Second Amendment is to amend and extend the term of that
certain SOLID WASTE COLLECTION SERVICE AGREEMENT, as amended, between the
parties entered into as of the 11th day of September, 1990.
WITNESSETH:
WHEREAS, County and Contractor entered into a Solid Waste Collection Service
Agreement (hereinafter "Agreement") as of the I l th day of September, 1990; and
WHEREAS, said Agreement was amended July 23, 1996 by that Amendment Agreement
Modifying Solid Waste Collection Service Agreement with Immokalee DislDosal Company; and
WHEREAS, said Agreement, as amended, is due to expire on September 30, 1998; and
WHEREAS, the parties are desirous of extending the term of that Agreement, as
amended, until September 30, 2001, modifying the residential rates payable thereunder.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow from each
to the other, the parties herein agree as follows:
A. Paragraph III. Term, is hereby amended to read as follows:
The term of this Agreement shall be for a period of time beginning on the first day
of the month following execution of this Agreement, and terminating on
September 30, 2001, herein called the "Extension Period." During the term of this
Agreement, Contractor will provide solid waste collection services including:
residential collection service, curbside recycling collection service and
commercial collection service. The parties shall operate on the terms provided
herein for the duration of this Agreement as extended, h~eby the Extension
Period. This Extension Period shall be further extended for one (1) two-year
period (herein referred to as "Additional Extension") on the same terms and
conditions as set forth herein unless one party gives the other party a written
notice of non-renewal no earlier than January I, 2001, and no later than May I,
2001. The parties recognize that this Agreement, as amended, remains subject to
(future) renegotiation, extension, or termination as provided herein.
B. Paragraph 5, Charges. Rates and Level of Service,;~ is amended only as
specifically provided herein. The Residential Rates as set forth in paragraph 5.A., are amended
by the following changes to Exhibit 5 attached to the Agreement:
Exhibit 5, II., RESIDENTIAL RATES, is hereby amended as follows:
Each rate referenced in Exhibit 5, II., is hereby frozen and the current rate
shall continue in effect during the Extension Period covered by this
Second Amendment; therefore, paragraph III.A.I. of said Exhibit 5 is null
and void during said Extension Period. By way of illustration, the current
Residential Curbslde Solid Waste and Recycling Collection for twice a
week collection is $6.72/monttVunit. This will be the rate for the
collection portion of that service during the term of this Agreement as
extended hereby, and there shall be no automatic adjustments to reflect
changes in the Consumer Price Index. Paragraph III.A. 1. of said Exhibit
5 shall be in full force and effect during any additional extension granted
hereunder, with the first adjustment as of October I, 2001.
C. Except as specifically amended hereby, the Solid Waste Collection Service
Agreement, as amended, shall remain in full force and effect during the term of this extension.
'Ihe parties hereto hereby affirm that the Agreement, as amended, is presently valid and
enforceable, and there are no outstanding breaches or defaults by either party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by the respective authorized representatives as of the date first above written.
As to County:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
WITNESSES:
(i)
signature
l,.,,-/,;
Printed/Typed Name
As to Contractor:
LARRY COLLINS, Owner
Approved as to form and
legal sufficiency:
CounD' Attorney
RESOLUTION NO. 97- -._=329
A RESOLUTION AMENDING AND SUPPLEMENTING IN
CERTAIN RESPECq'S A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ADOPTED ON JANUARY 7, 1997 AND
ENTITLED: "A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER
COUNTY, FLORIDA OF NOT EXCEEDING $4,250,000 IN
THE AGGREGATE PRINCIPAL AMOUNT OF COLLIER
COUNTY, FLORIDA NAPLES PARK AREA
STORMWATER IMPROVEMENT ASSESSMENT BONDS,
SERIES 1997 IN ORDER TO REFUND CERTAIN
OUTSTANDING INDEBTEDNESS ISSUED TO FINANCE
THE ACQUISITION AND CONSTRUCTION OF VARIOUS
STORMWATER DRAINAGE IMPROVEMENTS WITHIN
THE NAPLES PARK AREA DRAINAGE IMPROVEMENTS
MUNICIPAL SERVICE BENEFIT UNIT; PLEDGING
CERTAIN STORMWATER IMPROVEMENT
ASSESSMENTS PROCEEDS AND VARIOUS OTHER
MONEYS TO SECURE PAYMENT OF THE PRINCIPAL OF,
REDEMPTION PREMIUM, IF ANY, AND INTEREST ON
SAID BONDS; COVENANTING TO BUDGET AND
APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-
AD VALOREM FUNDS TO REPLENISH DEFICIENCIES IN
THE RESERVE ACCOUNT IN THE EVENT THE
STORMWATER IMPROVEMENT ASSESSMENTS
PROCEEDS ARE INSUFFICIENT; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SAID BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING FOR THE
VALIDATION OF SAID BONDS; AND PROVIDING AN
EFFECITVE DATE;" PROVIDING CERTAIN TERMS AND
DETAILS OF SAID BONDS, INCLUDING AUTHORIZING
A NEGOTIATED SALE OF SAID BONDS AND THE
AWARD OF SAID BONDS PURSUANT TO THE BID
PROPOSAL OF BARNETT BANK, N.A.; APPOINTING THE
COUNTY AS PAYING AGENT AND REGISTRAR FOR THE
BONDS; AMENDING THE AFOREMENTIONED
8 8
RESOLUTION IN CERTAIN RESPECTS; AND PROVIDING
FOR AN EFFECTIVE DATE FOR THIS RESOLUTION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1. FINDINGS. It is hereby found and determined that:
(A) On January 7, 1997, the Board of County Commissioners of Collier County,
Horida (the "Issuer"), duly adopted a resolution, the title of which resolution is quoted in the
title of this resolution (as amended and supplemented, the 'Resolution"), for the purposes
described therein, authorizing, among other things, the issuance of not exceeding $4,250,000
Collier County, Horida Naples Park Area Stormwater Improvement Assessment Bonds,
Series 1997 (the "Bonds"), for the principal purpose of refunding those certain promissory
notes designated Collier County, Hofida Revenue Note, Draw No. A-9-1 and Collier
County, Florida Revenue Note, Draw No. A-9-2, issued to the Florida Local Government
Finance Commission (the "Commission") on November 13, 1996 and February 20, 1997,
respectively (collectively, the ~Refunded Obligations").
(B) On March 25, 1997, the Circuit Court for the Twentieth Judicial Circuit, in and
for Collier County, Florida, issued a Final Judgment validating the Bonds.
(C) There is hereby authorized the refunding of the Refunded Obligations in order
to resmacture the Issuer's debt and establish fixed interest rates with respect to the
borrowings represented by the Refunded Obligations, all in the manner as provided by the
Resolution and this Supplemental Resolution.
(D) The principal of and interest on the Bonds and all required Debt Service Fund
(as defined in the Resolution) and other payments shall be payable solely from the Pledged
Funds as herein and in the Resolution provided. The Issuer shall never be required to levy
ad valorem taxes on any property within its corporate territory to pay the principal of and
interest on the Bonds or to make the required Debt Service Fund or other payments, and such
Bonds shall not constitute a lien upon any property owned by the Issuer.
(E) Due to the potential volatility of the market for tax-exempt obligations such
as the Bonds and the complexity of the transactions relating to such Bonds, it is in the best
interest of the Issuer to sell the Bonds by a negotiated sale, rather than at a specified
advertised date, thereby permitting the Issuer to obtain the best possible price and interest
rate for the Bonds. The Issuer acknowledges receipt of the information required by Section
8
218.385, Florida Statutes, in connection with the negotiated sale of the Bonds. The
aforementioned information is set forth in the copy of the letter of Barnett Bank, N.A., the
purchaser of said Bonds (the 'Purchaser") attached hereto as Exhibit A.
(F) Prior to the adoption of this resolution, pursuant to a request for proposals
published by the Issuer, the Purchaser has offered to purchase the Bonds from the Issuer and
has submitted a bid proposal attached hereto as Exhibit B (the "Bid Proposal") expressing
the terms of such offer, and the Issuer does hereby find and determine that it is in the best
r'mancial interest of the Issuer that the terms expressed in the Bid Proposal be accepted by
the Issuer.
(G) The Resolution provided that the Bonds shall mature on such dates and in such
amounts, shall bear such rates of interest, shall be payable in such places and shall be subject
to such redemption provisions and other terms as shall be determined by supplemental
resolution adopted by the Issuer; and it is now appropriate that the Issuer determine such
terms and details.
SECTION 2. DEHNITIONS. When used in this resolution, unless otherwise
defined herein, capitalized terms shall have the meanings ascribed thereto in the Resolution.
SECTION 3. AUTHORITY FOR THIS RESOLUTION. This resolution
is enacted pursuant to the provisions of the Act and other applicable provisions of law.
SECTION 4. AUTHORIZATION AND DESCRIPTION OF THE BONDS.
The Issuer hereby determines to issue Bonds in the aggregate principal mount of
$1,870,000, to be known as 'Collier County, Florida Naples Park Area Stormwater
Improvement Assessment Bonds, Series 1997,' for the principal purpose of providing funds
sufficient to refund the Refunded Obligations. Said Bonds shall be dated as of the date of
their issuance, shall be issued in the form of one fully registered Bond in the denomination
of $1,870,000, shall be numbered one preceded by the letter 'R', shall bear interest from the
date of their issuance, payable annually, on September 1 of each year (the 'Interest Dates'),
commencing on September 1, 1998, at the rate of 6.45% per annum, calculated on the basis
ora 30 day month/360 day year. The final maturity of the Bonds shall be September 1, 2012
and the principal thereof shall be paid in such amounts on September 1 of such years as set
forth on Schedule I attached hereto.
SECTION 5. REDEMPTION PROVISIONS. The Bonds are not subject to
optional redemption prior to maturity.
B5
8 85
The Bonds shall be subject to extraordinary mandatory redemption, at a price equal
to the principal amount thereof, plus accrued interest to the redemption date, in whole or in
part, on any Interest Date, in the event and to the extent that moneys are on deposit on the
3$th day prior to each Interest Date in the Redemption Account. The Bonds shall be
redeemed only in $5,000 increments.
SECTION 6. RESERVE ACCOUNT REQUIREMENT. The Reserve
Account Requirement for the Bonds shall be zero ($0.00) dollars.
SECTION 7. SALE OF TIlE BONDS. The Bonds shall be sold to the
Purchaser at a purchase price equal to 1130% of the aggregate principal amount thereof.
SECTION 8. APPOINTMENT OF PAYING AGENT AND REGISTRAR.
The County, through the office ofthe Clerk, is hereby designated as the Registrar and Paying
Agent for the Bonds.
SECTION 9. AMENDMENT TO SECTION 2.01 OF THE
RESOLUTION. The th/rd paragraph of Section 2.01 of the Resolution is hereby amended
in its entirety to read as follows:
Payment of each installment of principal and interest on the Bonds will be paid
by check or draft of the Paying Agent to the Holder in whose name such Bond shall
be registered at the close of business on the date which shall be the fifteenth day
(whether or not a business day) of the calendar month next preceding such Interest
Date, or, at the prior wr/nen request and expense of a Holder of $1,000,000 or more
in the aggregate principal amount of Bonds, by bank wire transfer for the account of
such Holder; provided, however, that the Holder of any Bond shall present and
surrender such Bond to the Issuer for the final payment of principal thereof. All
payments of principal and interest on the Bonds shall be payable in any coin or
currency of the United States ofAmerica wMch at the time of payment is legal tender
for the payment ofpublic and private debts.
SECTION 10. AMENDMENT TO SECTION 4.06 OF THE
RESOLUTION. The provisions of Section 4.06 of the Resolution are hereby deleted in
their entirety and the numerical designation, "Section 4.06" shall be reserved so as to
maintain the present numbering of the remaining Sections of Article IV. Any remaining
provisions of the Resolution pertaining to "Non-Ad Valorem Funds" and a covenant or
agreement of the Issuer to appropriate in its annual budget from Non-Ad Valorem Funds
amounts sufficient to make up deficiencies in the Reserve Account shall be disregarded and
shall be of no effect.
8
SECTION 11. AMENDMENT TO SECTION 8.01 OF THE
RESOLUTION. Section 8.0 I(H) of the Resolution is hereby deleted in its entirety.
SECTION 12. GENERAL AUTHORITY. The members of the Board of
County Commissioners, the Clerk or any designated Deputy Clerk, the County Administrator
and the officers, attorneys and other agents or employees of thc Issuer are hereby authorized
to do all act~ and things required of them by this Supplemental Resolution or the Resolution
or desirable or consistent with the requirements hereof or the Resolution for the full punctual
and complete performance of ali the terms, covenants and agreements contained in the Bonds
or tiffs Supplemental Resolution, and the adoption of any supplement or amendment to the
Resolution necessary or convenient to accomplish any of the foregoing, and each member,
employee, attorney and officer of the Issuer or the Board of County Commissioners, the
Clerk or any designated Deputy Clerk and the County Administrator are hereby authorized
and directed to execute and deliver any and all papers and instruments and to be and cause
to be done any and all acts and things necessary or proper for carrying out the transactions
contemplated hereunder.
SECTION 13. SEVERABFLITY AND INVALID PROVISIONS. If any one
or more of the covenants, agreements or provisions herein contained shall be held contrary
to any express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and shall be deemed
separable bom the remaining covenants, agreements or provisions and shall in no way affect
the validity of any of the other provisions hereof or of thc Bonds.
SECTION 14. RESOLUTION TO CONTINUE IN FORCE. Except as
herein expressly provided, the Resolution and all the terms and provisions thereof are and
shall remain in full force and effect. Such Resolution may be amended or supplemented by
the Issuer in accordance with the terms hereof and thereof and in such manner as it deems
appropriate prior to the delivery of the Bonds.
SECTION IS. EFFECTIVE DATE. This Supplemental Resolution shall
become effective immediately upon its adoption.
This Resolution duly adopted this 26th day of August, 1997.
,,. ~ ,, f. ~;i ., ',,
./,,"..." '
.,'. o.':..:.) .,' · .. :
".n ,,~
"'.ATTEST~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~__
Chairman,/B'oa~d of County Commissioners
8 B5
SCHEDULE 1
PRINCIPAL REPAYMENT SCHEDULE
FOR THE BONDS
Principal
Payment Dates
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Principal
Amount
$ 75,000
80,000
90,000
95,000
100,000
105,000
115,000
120,000
130,000
135,000
145,000
155,000
165,000
175,000
185,000
8 B5
EXHIBIT A
DISCLOSURE LETTER OF BARNE'FF BANK~ N.A.
8 B5
DI$CLO~t..rKE LETTI~ OF BARNE'IT BANK, N.A.
Bo~d of County
of Co~ County, ~orida
Commis~onea:
Florid~l','aplcs P~rk Area Stormwai~r hnprovcrn~nt ~ess~ Bo~% ~cs 1~7 (~e ~onds')
7, 1~7, ~ ~ ,~ ~ppl~ (~ '~o]~on"), the ~d~6~ p=c~ of~e Bonds
(~e 'OH~nd ~r~as~, h~y ~owl~ges ~ repr~ that (1) ~e ~ ~ h
~o~afion' about ~e I~m~ (3) ~e Is~er ha~ m~: ~]able to ~e ~ ~r~r ~e
oppo~W to obt~n addi6o~ ~o~on to v~ the a~ of~e ~o~a~on ~ppli~ ~d
m ~te ~ ~ts ~ H~ ~m ~ b ~ ~ ~ (4) ~e ~ ~cb~ ~ ~d
~ op~ to ~k ~ ~ r~ ~ ~om ~r~~ of~e ~ ~n~
The Orisi.~I Pur~ ackrx~wledges and reprc~ems that it h~ been adv/~ed that ~he Bonds
have not ~ re~t~ u~d~ ~e S~e~ ~ of 1933, ~ ~nd~ ~ re~ upon ~e
~p6on ~ h S~ion 3(a~) ~ ~d ~ ~e Ismer is n~ presen~y re~ und~
S~on 12 of the Se~ ~d ~g: ~ of 1934, a~ ~d~. ~e Ofi~ P~,
th~efore, r~es ~t ~ ~ ~e ~ ~g ~shes to r~ ~ Bonds there ~y not
~ ~ for ~ Bo~ ~r~n~y, ~e Od~ ~ch~ undem~ ~at ~t ~y n~ to ~r
~e fi~ks of t~s ~tm~ for ~ ~te ~ ~n~ my ~e pHor ~ th~ ~mHU of~e Bon~
~y not ~ po~n%Ic or m~ ~ ~t a ~ce ~ ~ w~ ~e ~ ~rch~ ~ pang for ~e
Bonds.
It is understood that the Orisb&! Purchaser has undert~e~ to v~ ~a ~,
~o~ inclu~g ~o~on ~g~g ~e ~s ~d ~i~ ~ndi~on of~c B~. ~e
~o~tlon h ~ r~u~ ~om ~e I~. ~ ~s b~is, h b ~ ~ ac~owl~ offs
or its rcprc~atives to ~d~e ~c ~s~ or v~gon o~ ~o~on r~a~g to ~s
tr~.
· oo
Board of County
of Collier CountT,
August 2~. 1 ~97
Page 2
8 B5
Th~ Or/g~nd Purch,uer further ~cknowl~ges and represents that (1) it is the oni7/nitial
purchaser oFthe BoocLa, (2) h ~u such knowledge ~d cxpcd~e in Bnancia/and business
B, onda for more th~n one a,:coum or w/th -' -- - ' ( )/t/a not purcha~g the
one of ~ ~ ~ ~ ~g ~ r~~s ~ ~o~ ~ ~c ~5~-12
Purch~r ~ pro~d~g ~e foxing t~o~aSon ~h r~ to ~e ~ch~e of~c Bonds.
OH~ ~r~as~ re~es~s to y~ u foIJo~:
(a) Thc nacre ~d e~ ~:s of ~scs w be ~ by
~ in ~on ~ ~e hm~ ~ ~e ofthe Bonds ~e:
~e ~ ~ '~s,' u d~ in S~on 218.385, Eodda S~e~ u ~t~,
~ ~e h~ ~e Bonds.
No rnamgeme~ t'~e w~ be charged by the OHg/nal Purchaser in connection w~th the
issuance of'the Bonds.
No other f~ bonus or other cornl~t/on w~ be i~/d by th~ OHgind Purchu~- L~
cot~nect/on with the L~suance of the Bonds lo any person not regularly employed or
reta/ned by the OHglnaJ Purchaser ('mcludlng and "~mde~' u clefmed in Section
2 ] 8.386, l:'lorida Statutes).
The name and addre.~ of'the Odglnai Purchaser is:
Barnett Bazfc, N.A.
796 lru~ Avmuc. South
Naples, FIoH~ 34102
Botrd of'County Commissioners
of Collier Coum~, lrlorid~
August 26, 1997
P~e ]
8
The Issuer L~ ~g to ~ S1,~70,000 ~the tlonds for the purpose of ref-a~
ce~n. outst~din~ obl~iom of the Issue. This Bonds ~re expected tn be rq~d
ov~pe~c~ofISyv~rs. AZ~mJml~tr~t¢of6.45%, tot~intcrest I~d ov~r the
~ r~ ~ appro~ $19~,393.5~ ~ ~ch Sto~ ~~
~pr~ or~e lsm~ ~ ~ for appro~ 15 ~s.
EXHIBIT B
BID PROPOSAL
8
¢1) ~.
l~au~ Aaanz). ~lO,OOO *
Borr~', A~tue'ue~ $10,000 ~
8 B6',
EXECUTIVE
OVERVIEW
CCWSD FINANCIAL PLAN
ORDINANCE CONSOLIDATION
UTILITY RATE STUDY
8 B6~'
Executive Overview
Objective/Recommendations:
Review and approve the March, 1997 Rate Study
conducted by John A. Mayer Associates and the
recommendations as provided in the July, 1997 revisions
to the Proposed Rates.
Review and approve the proposed 5 year financial plan as
the CCWSD's financial operating plan and make
resulting adjustments to the FY 98 proposed budget.
· Authorize Staff to consolidate the administrative
Ordinances of the three Utility Districts.
Direct Staff to amend Ordinances in accordance with
recommended rates and advertise and schedule a Public
Hearing for September 23, 1997 to review and adopt
recommended rates and a consolidated utility
administrative Ordinance.
CCWSD FINANCIAL PLAN
EXECUTIVE OVERVIEW
8'1 6
OPERATIONAL EXPENSE PROJECTIONS - Adjusted for inflation & growth
- FY 98 $21.3m- FY' 03 $28.7m
REVENUE & RESERVE PROJECTIONS - Assumes 5% customer base growth
- No increase in Water or Sewer rates anticipated for near future
- Carry Forward will be reduced from current level
- Goal for General Reserves will be 2.6 months operating costs
- We may be short of reserve goal FY 00
CAPITAL PROJECT PROJECTIONS
- FY 98-03 plarmed projects -- $135.5m
- Major projects include:
· FY 98. NCWTF Expansion, NCWWTF Expansion,
· FY 98-02. BackflowProgram,
· FY 01 - New g MGD RO Water Plant,
· FY 02 - SCWWTF Expansion,
$41m
$4.3m
$26m
$12m
8
CCWSD FINANCIAL PLAN
EXECUTIVE OVERVIEW
CAPITAL FINANCING PLAN - New Debt funded with impact fees
- New Debt Total FY 97-03
- General CCWSD reserves repaid w/impact fees
- Water Total
- Sewer Total
$92.1 m
$ 9. lin
$37.4m
$54.7m
USER FEE REVENUE REQUIREMENT
- Assumptions
· Based on FY 98 budget
· $9.1m inter-fund loan paid back by water impact fees to general utility
fund 01-08
New debt service repaid by impact fees
· Annual renewal & replacement capital funding = $4m
· 5%growth in customer base
· Reserves ~ 2.6 months annual operating
- No increase in combined water & sewer rates proposed
IMPACT FEE REQUIREMENT - Growth driven capital needs financing funded by impact fees
- Water & Sewer Capital Programs as adopted
- Impact Fees will likely need to be increased
- Staffwill report to Board in November
COUNTY UTILITIES
NCE' CONSOLIDATION
EXECUTIVE OVERVIEW
[] Repeal numerous existing fragmented ordinances
governing the three utilities.
[] Combine the rate & general administrative aspects of the
three county utility districts within one ordinance
[] Revised and update district procedures, rates, user fees
and charges.
~ Direct Staffto consolidate ordinances and
advertise for public hearing to adopt the proposed rate
changes, as well as, the consolidated ordinance.
8'~6
Collier
County Utility
Study
Rate
Collier County Water-Sewer District
Goodland Water District
Marco Island Water-Sewer District
John A. Mayer Associates
Utility Rate Consultants
8 BA
Develol~ment Process
* Develop Revenue Target
* Design Rates to Generate
Target Revenue
7
Rate Design Criteria /
Limitations
* Make Changes To Restore "Equity"
between Revenue / Expenses for Water &
Revenue / Expenses for Sewer Utilities
· Develop Rate for the combined Water +
Sewer utilities which is Revenue Neutral
· Retain the current rate format for the time
being
· Limit volumetric rate for bulk reuse water
to $0.20 per 1,000 gallons ($0.20/Mgal)
Revenue Requirement
"Target"
GOAL - Cost Based Utility Rates
TASK - Determine Operating & Capital
Costs [Separately] for Water / Sewer &
Reuse Utilities
RESULTS - Water Revenue need to be
decreased by $3.2 million; Sewer
Revenues need to be increased by $3.4
million
IMPLEMENTATION_ Revenue change
was accomplished by an across-the-board
adjustment in the current rate structure
9
Water Utility Rates
· Overall water revenue will be reduced
17. 1% under the proposed rates
· Fixed monthly charge $14.20 reduced to
$12.00
· Volume rate $I.75/Mgal reduced to
$1.45/Mgal for 1st 10 units
· Avg. Resid. $31.00 to $25.92 (-16.4%)
10
8 ~6
Sewer ~tility Rates
Overall sewer revenue will increase 22.4%
under the proposed rates
Fixed monthly charge $13.90 increased to
$17.00
Volume rate $1.60/Mgal increased to
$1.96/Mgal
Avg. Resid. $29.26 to $35.82 (+22.4%)
II
'8 ~6
Combined I~ater &
~'W~F
Avg. Resid. monthly bill $60.26
increases slightly to $61.74
12
8'
Reuse Utility Rates
Overall reuse revenue will increase
$447,000 or 143% under the proposed
rates
Fixed monthly charge $4.35 increased to
$7.00
* Volume rate $0.13/Mgal increased to
$0.52/MgaI (Full service retail customers)
· Volume rate $0.13/Mgal increased to
$0.20/MgaI (Bulk service customers)
13
Key Benefit
Proposed rates will balance
revenues generated from the
water (sewer) utility with the
expenses incurred to operate the
water (sewer) utility.
14
Water, Sewer & Reuse Rate
Study
March 199 7
Increased Goodland Water rates by
$95,300 or 58% to match expenses,
changed the rate format to one similar to
Collier County, and added a formula to
adjust rates when SSU changes the rate
they charge Collier for purchased water
For Marco Island Sewer, added a formula
to adjust rates when SSU changes the rate
the charge Collier for wastewater treatment
15
Next Step
· The rate format for each utility will
ultimately need to be revised in order to
enhance interclass equity
· All of the recommendation/conclusions
contained in the March 1997 report remain
valid and should be considered for review
and action at Collier County's convenience
16
8'B 8
WORK ORDER
Agreem~ fa' Fix~[ Term L&'d S~ey/ng ~ Pl~ogr~mme~c S~t'vkes
Dat~l Nov~.* 5, 19% (~ ~2~50)
This Wtx'k Ord.' is for professlo~l s~.rvey/ng set'~s f~- w~rk known as
~ of Wo~: As ciciailed in the attached proposal and ~e follc~ng:
· Task I
· Task II
· Task Iii
· Task IV
· T~.k V
$ct,~dule of Work:
Ordcr.
Define ProJect Llmlt~
Sediment Testing,.
Pr~dde client coordination with respect to Shoreline Protection Alternative
and Exotic Removal
Prmdde a Preliminary Probable Co~t and Schedule
Provide client coordination with respect to an outline of funding optlonL
Compile work within ,. 4~5 days frmn rec, eip~ of the N~ice to Proceed which is accompanying this Work
Task I $ l
Task II 4,000.00
Task I~I 500.00
Task IV 1 .SO0.00
Task v..,
TOTAL FEE $21,500.00
Any change made subsequent to final depaztment app~','nl w~ll be consi&-red an additional mcr'vice and charged according to
Schcdule "A" of the Agreement.
.~./z '77
Date
ATTEST:
Typ~l Name md Title '
-. g
(or) Witn~
(1)
BOARD OF COUNTY COMMISSIONERS
Coast, al Enelne~rlng Consultsnt~. Inc.
(2) .....
Signature
(Print
(Prat Name)
Work Ord.' Tcmph, te
P^G/WorkOr.001 a
D~tncz $
3301 £,ut Tamb, mi Tra~l · ~Lap~, Florida 34112-4~J77
(~(1) 774-8097 · Fax (941) 774.-3602
September 4, 1997
Ms. LeeAn~ Roberu
Depaz'unent of Health-HSF
1317 Winewood t~uleva~l
Tallaha.~see, Florida 32399-0700
Dear Ma. Roberts:
Collier County Government is plea.sc'el to submk this Ict~er of inte'nt to ap1~ly for I~ 'Primary Ca~a~
Challenge Granu for Children and Faz'nilics". If awarded, thc grant will be admin~ ami managed by
members of the Collier County Rur~ Health Network: (CCR. HN), an c'xisQng Pa~nership of private and
public organizations and providcr~ with the mission of ensuring high quality medical can't to all people in
Collier County without rcga~ for their ability to pay. The target Population for this project is the 35,000
residents of Collier County living at or below 150% of poverty, 13,000 of whom are childi-en. Special
attention will be given the county's mor~ than 17.000 poor people who h~ve no third party support to help
them pay their medical bills. The oper'ating plan for the D'ant includes providing hospital ~livc'o' for 1100
women who ctu'rently receive prenatal cate from Collier Health S~rvices, /nc., a Rm'al Health Network
provider:, enhancement of' pedia~ic caz~ for the poor, and development of a ~ of primary health ca~e
for the county's poor adults.
The poor people of Collier County ~ predominately clustered in Fast Naples and lmmokalee, with a
scattering of others in s,'~all rural communities and in the Collier county area adjoining Bonita Springs.
Since 1977, collier Heai,'h Services, a no~for-profit cca~orazio~ has managed a federally supported
community health center b~ lrnmokalc~ to provid~ primaO, health c~u'~ to that c~mmunity. In 1995, thc
community, with no tax dollars, constructed the 42,000 square foo~ stazc-of, the. art Marion E. Fether
Medical center, now provid~g total outpatient services in family medicine, chrunic and cou~municable
dis~a.~ management, women's h~lth, I~lb~cs and dentigry. In-patient ca~ for u'~ patients of
Immokalea is provided by Naples Community Hc~ital and North collie' Hos~ita~ ~ 40 miles to the
west. Historicalty, prima,,-y rncclic~t car~ for the Poor in Naples l~s boca a problem. Bo:ause the area does
not receive community health center or other support for indigent health assis~nce, the delivery sTstem has
relied upon limited sta~ ~ local fi.u-ids and th~ be~ficcnce of the NCH Hcalthca~ Syst_-'m. Private
practitioners in the area have nc~ met the needs of indigent patients and in m~a~' r.a~ses ~ r~luetant to serve
Medicaid enrollees. Prio¢ to 1995, the Collier County Health l~ent oH'c~l prcnat~ pediatric, adult
health and dental cart az ~ Iocatio~ at thc Collier Co~mty Go','ttument Ceuter. The co~usty ixugraza was
cons~,ndy ovcrwheime41 with requests for appointments and r, fe-rr~ ma~y patients to priva~ I:w~ctition, c~
or to the NCH ernc~cacy roorm I~ fact, in ca'der to ~ car~ for most patients, tho~s~ with some third
parry rncthod of payment were r~fcrrcd to private pmviclers and the non-paTt~ were seen az the health
department, in 1995, health dcpazl:ment administrators realized that financially thc'y could mx continue thaz
system without help fr~m the cotmnunity.
The Rural Health Network parmcrs responded dec[sNcly to thc need to overhaul indigent health care in
Naples.
In 1995, the health department contracted with CHSI and the CCRH'N to assume responsibility for its
women's health and pedia~c programs. The health department re~ained responsibility for
management of tradidoaal health programs such as cornmunicablc disease prevention, health education
and specialized education for pregnant women. Managers of the two pro~s work closely In
planning and evaluating that program tha~ now serves 700 pregnant women and 3500 children
annually. Thc intent would be to work with the sarnc panners should a grant be received.
The Rural Health Network parmers fur',her extended access for many more pedia~c patients by the
£orma~ion o£ the Child,tea's HcaI~h Network, a parmershJp of pedia~cians located in the city of
Naples, Golden Gate and Marco Island. Now, outpatient care, direct hospital admissions and follow.
up are possible for most children in Collier County.
Prior to 1996, virtually the ooly source or' outl~tHent health care for poor adults in Collier County w~s
the County Health Dcparu-nent. That respons~ility was delega~d to CHS[ in 1996 through another
contract. A CHSI physician and nurse practitioner (both part-tLme) now conduct approximately 4,000
medical appointmenLs a year at the goverr~ent center facility--with at least twice that many in
demand. Virtually all of those people live in poverty and none has any kind of medical a,~ist, ancc and
almost no payment is ever collected from any of them.
With the not. able exception of adult health, thc Rur~ Health Network parmcrship of health care providers in
Collier County has made appreciable progr:ss in providing; health care to its indigent residents. Respite has
come through the strategic cooper~ion or'thc community's medical providers. Poor people who qualify for
special programs such as Medicaid. Medicare, Social Security disability, Healthy Kids and others are
provided service based on the pro,eGis of those proD-ams. The I:a'oblcrn still lies with people living at or
close to the poverty level without any third party me'hod of'payment for health care--~e "working poc~.
Non-paying patients usually receive care from one of the CHS[ clinics or from Iflc Naples community
Hospital emergency room. They receive the same service as paying patients but no fees ~ collected. The
problems accrued by this system are consider-~le. Payment. whether received from patients or from third
parties dictates access. The more revenues collected the more medical se. afl that can be hired and thus the
more appointments available to patients. Continuing the current inadequate level of service will mean that
many people in serious need of medical artent~:)n will be unable to fred a source 0f care--all appointments
at the only providers who will accept them will be filled, oRen for months in advance. Furthermore, those
patients who are chronically ill and need[ag frequent follow-up ~ o[~en at a lower priority for
appointments than pazicnts who are suffering serious episodic ill,ne~ses. Providers aze fca'ccd to make
tmreasonable choices to serve one seriously ill patient or another.
Despite continual problems of service access and funding shortfalls, the success of the Rural Health
Network members has been cor~iderab[e and ls vedf~.ble r~rough examination of some of the county's
health indicators. Perhaps thc most evident public heakh acco~plLshrnents in Collier County for the past
few years are rela~ed to the care of pregnant women. For thc Pa~ four years, neonatal health in our county
is improving and is bett,'r than our neighboring counties and the s'taze as a whole. With some occasior~l
variance, this is u'ue for nconau, l mortality, fetal mortality, the number of Iow-birth weight babies and
others. While fewer co,~nty-wide indicators are available to measure the health status o~' childre~ one of
them, childhood immunLzation levels again shows that. Collier Co~mty has achieved a positio~ of staze
leadership.
2
8 C1,
These improvements are the well-deserved results of the planned and coordinated approach of Rural Health
Network providers over the past three to four yeah. Collier Health Services considerably upgraded the
quality of its prenatal care in i'mmokalee in 199S by bringing Level II prenatal management on-site to thc
Maz'ion E. Fethcr Medical Center. High risk patients previously traveled to Naples for their care. That
same high-risk care and other specialized prenatal services were initiated for public patients in Naples when
CHSI assumed respo~i'oility foe the County Health Department's women's and children's health
deparu'nents in 199.5. Now, CHSI serves alx~t 1,600 of the 2,300 women who receive prenatal care in the
county annually. The medical and support services such as nutrition, breast-feeding and childbirth
education (provided jointly with the County Health Department) represent prenatal management equal to
any availabl¢~at any cost. Those services are open to all patients rcgardless of theLr ability to pay.
The success of these programs has been directly proportiona[ to the availability of' federal and state funding.
Th. rough grants such ~ the Community and Migrant Health Centers projects, Medicaid, Medicare, Healthy
Starx, Children's Medical Services, and the Healthy Kids Corporation, the children and families of Collier
County have access to several choices of high quality medical management. In spite of all the
L"nprovements, certain components of familics needs have not been addressed. There is no system
comparable to our pediatric network to address the needs of gTnecological, obstel~ical and other adult
health needs.
The state "Primary Care for Children and Families Challenge Grants" can help us offer considerable
improvement in medical coverage to thc poor Peuplc of Collier County. It is the intent of the legislation to
.~assist in the pro. vision of care to poor people without access. Under the auspices of the "Challenge Grant",
mc members otthe Rural Health Network w,ll u'nplement a three-part strategy it improve access to care for
pregnant women, children and adults.
Thc Network will begin a new prognm---the provis[on of obstetrical delivery to all women receiving
prenatal car~ from Network la'OViders. The capacity foe gan,ecological services will be expanded a.s
well.
* The Naples pediatric program will be enhanced to allow for the capability to enroll more poor
children.
· Needs of the extended family will be addressed in order to provide a system of continuity of care for
all family members thus avoiding costly hospital and emergency room visits.
Thc obstetrical program will be significantly upgraded by the hiring of th. tee full time obstetricians for
infant deliveries. We estimate that annually, aN:mt 1,100 women will have their children delivered by their
CHSI (Rural Health Network) obstetricians. Under the current CCRMN program, prenatal cate is peovided
by CHS[, but delivery is performed under cxmlzact wi& a grtnzp of local obstetricians. The delivery of
women by physicians who l~ve rnar~ged their peet:mai cart can oaly improve pregnancy outcomes. In
pediatrics, another full time pedia.~cian with hosp[~l admissions privileges will be employed in Nap[es,
That will ,llow for the additio~ of approximately 4,000 i:~t. ient visits to thc existing program and in
addition offer mor~ physician availability for hospltal service and follow-up.
The enhancement of the extant pediatric and obstctrica/programs will be rrgarded as the Rural Health
Nctwork's con~"oution to thc Primary Car~ Ckallenge Grant and thc saJaries and support of new physicians
will be considered the Network's (and Collier Co~mty's) matchhag f'ttads.
Grart funds will be used to support the Runl He,lth Network provider's adult heakh prograzns. Under this
plan, Collier Health Services will provide primly medical car~ to any adult r~[uiring such cat~ anti who.~
income peaces him or her ~t 150% of poverty or below (th~ income level stipule, ed by the grant). CHSI
will hire whatever medical and ancillary stall' is required to provide the ~k~Shtt~ level of service and may
extend hours and days of coverage to ensure p~tient's access to care.
8
Services to be offered will be appropriate for an ~lult care practice ~nd will be complete including
laboratory and associated support. Patients will be seen by appointment or as wa~-ins.
Thc adult care clinic will aLso provide patienu and their farnily members with linkages to other programs
offered by thc county and s~te such as social services, f'mancial ass[stance, employment assistance,
substance abuse counseling, family services and others.
The Collier County Health Department will malnt~in responsibility for follow-up and preventive case
management of chronic disease patients receiving c~u'c as part of thc ~ult health proD-am. About 200 of
thc Naples adult health patients currently under the care of CHSI are chronically ill with diabetes,
cardiovascular, puLmonary, urinary, or kidney disezses. Most arc non-compliant withappointments, coming
to thc clinic only when they feel ill. Prevention is no~ a priority for them. The Health Depamncnt field-
nursing tear'ns will work closely with thc CHSI medical ~cam to crtsur~ that patients keep appointments,
take medication properly and acthcrc to prcvcmion pro,~:x:ots (such as diabetic foot care). Thc medical and
field teams will meet periodically for c~sc review.
We believe that we can develop a very competitive application for this gz-ant, one that will fill a
considerable gap in family health care in Collier County. The delivery of this grant-fimdcd progr'~'n will
help put Collier County on a firm course to providing high quality medical care for all of its people. One of
the benefits of this approach is ~ current ~dminist~tive and proD-am ~nctions arc a~'-ady in place
throug~ the Rural Health Netwo~. All of the r~uested funds will go directly to patient care. Required
matching funds will be available ~s dcsc~bcd. Thc members of the Rural Health Network and specifically
the Collier County Health Department, Collier Health Services, [nc., and thc NCH Healthcare System
strongly support this project and look forward to Lmproving the health of our residents.
Thank you for considering this request.
S Ln c eff..e.~, ~
Collier Cou,fity Board of County Commissioners
4
GROUND LEASE AGREEMENT-PRIMECO
Site:
NORTII COUNTY REGIONAL
WASTEWATER TREATMENT PLANT
'FillS GROUND LEASE AGREEMENT ("Lease"), is entered into
clTcctivcly c~ theag,/~"Sday of ~.~aa.~7z''- , 1997, the ("Commencement
Date"), and between the two par(ie.:~Collier County ("OWNER") and PrimeCo
Personal Co/nmunications, L. P., a Delaware Limited Partnership, (hereinafter
either "TEN;NNT" or "PCS"). The parties agree as follows:
1. The Property:
Owner's Property; The Leased Area; And Tenant's
Property.
A. 'OWNER owns a parcel of land at the following street address: 10500
Goodlette Frank Road, Naples, 34119, in the County of Collier, Florida, herein
called ("OWNER's Land"), which land is shown on attached Exhibit Al.
TENANT is in thc communications business and desires to lease land and an
access casement therelo, referred to herein collectively as the I.EASED AREA.
OWNER's property is a parcel of land that is larger in area than the LEASED
AREA. Thc LEASED AREA is a part of OWNER's Land. All personal property
brought onlo the LEASED AREA by or on behalf of TENANT is referred to
herein as "TENANT's Property." Any personal property brought onto the
LEASED AREA by OWNER or on behalf of OWNER is referred to herein as
"OWNER's Property." Any property brought onto the LEASED AREA by any
third party is referred to herein as "Third Party Property."
B. OWNER hereby leases the LEASED AREA to TENANT. This Lease
is not a Franchise under any law, nile or regulation. The LEASED AREA
comprises approximately ~,,000 square feet of land: a 40 foot by 50 foot parcel,
plus an access easement thereto; both are as shown on the attached Exhibit A2.
C. OWNER and TENANT hereby agree that the LEASED AREA may
be surveyed by a licensed surveyor at TENANT'S costs, which survey may
replace Exhibit A2 and become a part hereof and shall supersede the first Exhibit
A2 in the event of any discrepancy between such survey and the description of
Paragraph I.B., above.
2. Lease: Access Easement.
OWNER hereby grants to TENANT a non-exclusive access easement
(during the entire life of this Lease) for free access to the LEASED AREA seven
(7) days a week, twenty-four (24) hours a day. No above-ground structures shall
be constructed in the access easement.
3. Lease Term And Rent.
A. RENTP/IYABLEINMONEE This Lease bas an initial tem~ of
fifteen (15) years from the Commencement Date. The annual rent shall be
Fourteen Thousand Dollars ($14,000.000), pro-rated at $1,167 per month. The
rent shall be paid annually in advance, beginning on thc Commencement Date,
8 E1
and thereafter not later than each anniversary date thereof. Rent shall be paid to
OWNER (or as OWNER may otherwise direct from time-to-time in writing at
least 30 days before the respective next rent payment date). Prior to and until lhe
first day of thc montll following commencement of&livery of any of TENANT'S
propcr, ty onto tile LEASED AREA, the Annual Rent shall be One Hundred Dollars
($I00.00), twelve (12) months of which shall be prepaid in advance. Any
unearned balance shall be credited against TENANT'S first payment of
$14,000.00.t In the unlikely event that TENANT has not delivered any Property to
the LEASED AREA prior to the first anniversary date of this lease, TENANT may
either term[nate this Agreement upon written notice to Owner, without further
obligation or liability; or may allow this Agreement to remain in full force and
effect provided if this Agreement remain in effect, the $I00.00 per month rent
shall automatically increase to $14,000 per year, payable in full not later than the
first anniversary date of this Lease. TENANT shall throughout this lease pay
OWNER a,late payment charge equal to five percent (5%) of any payment not
paid promptly when due. Any amounts not paid promptly when due shall also
accrue interest of two percent (2%) per month or the highest interest rate then
allowed by law, whicllever is higher, which interest shall be paid by TENANT to
OWNER.
B. CASH DEPOSITS BY TENANT. TENANT shall also at that time
deposit with OWNER a refundable security deposit of two month's rent (initially
$2,334.00).
C. LEASE E, UFENSIONS. This Lease may be extended by mutual
agreement for a five (5) year extension period at tile end of the initial term of
fifteen (l 5)years provided that, not more than three hundred and sixty (360) days
prior to the last day of the fifteenth (15'h) lease year and not less than one hundred
and eighty days (180) prior to that date, TENANT advises OWNER in writing of
TENANT'S intention to extend tile Lease and commence negotiations. Failure to
supply such written notice shall operate as a termination of this Lease effective on
tile last day of the fifteenth (15th) lease year. If the Lease, by mutual agreement,
is extended beyond the fifteenth (15'h) year, the existing base rent for the fifteenth
(15th) lease year shall be increased by at least twenty percent (20%) and tile
mutually agreed upon sum shall be the base rent for the sixteenth (16`h) lease year
through tile twentieth (20'") lease year, unless agreed other,vise. Subject to
OWNER'S timely receipt of such written notice of TENANT'S intention to extend
and negotiate, OWNER and TENANT will negotiate in good faith to come to
mutual agreement regarding terms and conditions of the extended lease, which
will be applicable as of the first clay ofthe sixteenth (16'~) lease year. If the parties
do not mutually agree to extend the lease on or before the last day of the fifteenth
(15'") [ease year, tile lease shall terminate on the last day of tile fifteenth lease
year.
D. RENT INCREASES AT END OF FIFTH LEASE YEAR AND AT
END OF TENTHLEASE YEAR. Effective on the first day of the sixth lease year,
the annual rent shall be increased as follows: The existing base rent for the fifth
lease year shall be increased twenty percent (20%). The resulting figure shall be
the base rent for tile sixth lease year through the tenth lease year. Likewise,
effective on the first day of the eleventh (11'h) lease year, the annual base rent for
the tentll year sllall be increased by twenty percent (20%). The resulting figure
8£1
shall be the base rent for the eleventh (I1'~') through the end of the fifteenth (15')')
lease year.
4. Use Of The Leased Area.
A. TENANT shall use the LEASED AREA to construct, remove,
replace, maiptain, secure and operate its communications facilities, consisting of
one (I)~:~,ot~9~}..communications tower that shall not exceed a height of one
hundred, ,)~., U"'ct:O feet above ground level, exclusive of any antennas that may
be installed thereon, plus anlenna support structures and/or related facilities to be
constructed on the ground within the LEASED AREA, to license part thereof to
third parties, and for any other lawful uses directly related t. heretfl~Mo antenna
installed on tile tower shall exceed a height of one hundred ~ 0r'~ feet above
ground. Subject to other provisions regarding approvals and technical
specificatiofis related thereto, any and all nntenna arrays (including those of third
parties) may from time-to-time be modified, added to, or substituted. Each
stn~cture may be configured as requested by TENANT from time-to-time,
provided PCS, at its sole expense, obtains all permits and approvals required by all
applicable jurisdictions, including OWNER, for each configuration.
g. PLANS REVIEW B'/ OWNER. OWNER shall have the right to review
and approve plans for any and all improvements installed within the LEASED
AREA, which approval shall not be unreasonably withheld or unreasonably
delayed. Prior to commencing any construction, TENANT (and each third party
licensee) shall submit a copy of plans and specifications for all improvemenls to
OWNER for review and approval. No improvement, construction, installation or
alteration shall be commenced until plans for such have been approved by
OWNER and permits have been issued to authorize such construction. Such plans
shall include, if applicable to tile improvement, fully dimensional site plans that
are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to tile landscape; (iii) the proposed type and
height of fencing; (iv) the proposed color of'all structures, including fencing; and,
(v) the proposed type ofconstn~ction for all structures, including fencing, and any
other details that OWNER may request. All improvements shall be constructed in
a workmanlike manner and shall be completed in compliance with all applicable
laws, rules, ordinances and regulations. Improvements to or within tile LEASED
AREA (nnd within the easement access area) shall be at no expense to OWNER.
TENANT and all Licensees shall maintain all of their improvements in a
reasonable condition throughout the life of this Lease to tile reasonable
satisfaction of OWNER. TENANT shall allow OWNER free access to its own
personal property within the LEASED AREA at all reasonable times that OWNER
desires such access. In the event that OWNER may be required by law to install
other personal property, within the LEASED AREA, OWNER reserves the right to
(to so free of charge provided such property does not materially harm the use of
the tower by TENANT or by any third party licensee. OWNER has no knowledge
of any potential requirement to install any such property within tile LEASED
AREA. As tile LEASED AREA is in a park, landscaping and security fencing are
of particular concern to OWNER; therefore, TENANT shall be required to install,
repair, and maintain landscaping and security fencing to the reasonable
satisfaction of OWNER.
8 E1
C. TttREE COMMUNIC,4TIONS SYSTEMS. The tower and all other
facilities shall be designed and constructed so as to accommodate at least three (3)
separate communications systems. TENANT shall have the exclusive right to use
the portion of tile tower above II0 feet above ground level ("AGL") TENANT
hereby grants to OWNER tile option (by license) Io utilize, free fronl the payment
of any rent, that portion of the tower between 90 feet AGL and 110 feet AGL.
OWNER may advise TENANT at any time(s) of OWNER'S desire to use such
area, but O~NER shall not be required to make its decision(s) regarding its use of'
that area except in response to a bona fide offer from a Third Party to PCS to
license tha~ space. OWNER may take up to sixty (60) days from tile receipt of
notification by tenant that an offer from a Third Party has been received, which
notice shall describe the offer in detail, to make its decision. If OWNER decides
that it does not desire to use space for its own needs or for the use and benefit of
any other Users, OWNER will not exercise its option to use that space and that
decision sl",all release that space to TENANT for licensing to that Third Party.
These valuable assets are to be used and shall not be reserved for remotely
possible future uses. TENANT shall license the remaining area on the tower, (and
such ground space as is then required) to a Third Party on such lawful and
reasonable terms and conditions as chosen by TENANT. If the space that is
subject to Owner's option is licensed to a Third Party and that license comes to an
end, that circumstance shall automatically reinstate O '
WNER s option to elect to
use that space, which option OWNER may tile exercise or may wait until there is
another offer from a Third Party to use that space. IfOWNEP,. decides to use that
space, OWNER shall be required to meet the terms of the offer from tile Third
Party, except the total anqount of rent and/or other payments that OWNER must
pay to TENANT shall never exceed the rent then payable to OWNER by
TENANT. In the event OWNER desires to install equipment on the Tower,
OWNER, at OWNER's expense, shall submit to TENANT the following: (a)
detailed site plans as well as plans and specifications setting forth the proposed
antenna anti other equipment and construction, installation, and other work to be
performed on the Tower and LEASED AREA; and (b) a list of all frequencies
currently or anticipated to be licensed or assigned to OWNER by the FCC. If
required by TENANT, OWNER shall also submit a structural analysis of the
Tower addressing the installation of additional antenna and other equipment on
the Tower and demonstrating that the installation of such items will not exceed the
load capacity of the Tower. OWNER shall not install any equipment or
commence any work on the Tower or the LEASED AREA until TENANT
approves, in writing, the OWNER's plans and specifications, frequencies, and
structural analysis, if any; such approval to be given in TENANT'S reasonable
discretion.
D. TIflRD PARTY LICENSEES. Each license (which includes each
User) shall always be s. ubjecl 1o all terms and conditions of this Lease, and each
license shall be subject to review and approval of TENANT. OWNER has the
right, but not any duty, to review each proposed license. Use of the tower and site
by OWNER and each third party shall be subject to written approval by TENANT
upon such reasonable terms and conditions as may be required by TENANT.
TENANT makes no representations to OWNER or to any third party that the
LEASED AREA, the tower or/or any other thing will be suitable for OWNER's
needs or the needs of any third party, and TENANT has no obligation to modify
any facility to suit OWNER's needs or the needs of any third party. Each
8£1
Licensee shall be solely responsible For the cost of locating and placing its
property onto the tower anti into any ancillary structures on site. Each Licensee
shall also be responsible For any liabilities that may arise From that Licensee's use
of any part of the LEASED AREA, including the tower. TENANT shall promptly
notify.OWNER in writing of all license requests which TENANT receives For use
of the Tower or any other part of the LEASED AREA.
Ii.
Tile third party, at the third party's expense, shall submit to
TENANT the following: (a) detailed site plans as well as plans and specifications
setting Fort& the proposed antennas and oilier equipment, the height and location
oFsuch antennas and other equipment, and the construction, installation and other
work to be performed on the Tower and LEASED AREA; and (b) a list of all
Frequencies currently or anticipated to be licensed or assigned to the third party by
tim FCC. If requested by TENANT, the licensee shall supply Io TENANT a
structural analysis ot' the Tower addressing the installation of additional antennas
and other equipment on the Tower by the th/rd party anti demonstrating that the
installation oFsuch antennas and equipment will not exceed the load capacity of
the Tower. The third party shall not instalI any equipment or commence any work
on the Tower or tile LEASED AREA until TENANT approves, in writing, tile
third party's site plans, plans and specifications, Frequencies, and structural
analysis (if'any), such approval to be given in TENANT'S reasonable discretion.
ii. The third party's use of the Tower shall be limited to the
antennas and other equipment and frequencies approved and expressly agreed
upon in advance by TENANT pursuant to paragraph 4. D. i above.
iii. Tile third party's installation, use and occupancy of the Tower
and LEASED AREA shall be in continued compliance with all then applicable
laws, regulations and requirements of all Federal, state, and local authorities,
including the FCC.
iv. TI ]IRD PARTY ASSUMPTION OF RISKS AND
INSURANCE REQUIREMENTS. The third party shall assume all risks in
connection with the installation, operation, maintenance, repair, replacement and
removal of the third party's antennas and all other property located on the
LEASED AREA and the Tower. The third party shall maintain commercial
general liability insurance insuring against liability for personal injury, death or
damage to personal property arising out of use of the Tower by the third party.
Such insurance shall provide coverage (in an amount of not less than one million
dollars ($1,000,000.00) for bodily injury or death to any one (1) or more persons
and in an amount not less than one million dollars ($1,000,000.00) for property
damage and shall include a contractual liability endorsement naming TENANT as
an additional insured o.n such policies. AIl insurance policies shall be written with
insurance companies qualified to do business in State of Florida and shall provide
for thirty (30) days written notice to TENANT prior to cancellation. Certificates
of such policies shall bt: delivered to TENANT prior to the installation of the third
party's equipment. Further, the third party shall reimburse TENANT for any
damage to the Tower or TENANT'S equipment, and shall be required to
indemnify and hold TENANT harmless from any and all liability, claims,
demands, actions, losses, damages, orders, judgments and any and all costs and
expenses including, without limitation, reasonable attorneys fees and costs, arising
from or incurred in connection with claims for injury to persons or property
caused by tile act or omission of such third party or its respective agents,
contractors or employees including, without limitation, the use of tile Tower,
LEASED AREA or third party's equipment or the breach of any contractual
obligat, ion to OWNER or TENANT.
Tim third party's license to use tl~e Tower may be assignable.
vi. TENANT shall have the right to have a representative present
(luring the i~stallation of the third party's antennas and other equipment.
vii Tile Ihird party's installation of lhe third party's antennas an(]
other equipment on the Tower and the LEASED AREA shall be performed on
dates and at times and within lime frames approved by TENANT in writing and
shall nol inl, errupt or interfere with the operation of TENANT'S communications
system or TENANT'S equipment unless TENANT agrees to such interruption or
interference in writing.
E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERT}:
i. TENANT shall maintain, repair and replace the Tower, all of
its equipment and all other of its personal property to the highest quality
construction, repair and maintenance standards during the entire life of this
Lease.
ii. OWNER shall maintain, repair and replace OWNER's
equipment. In order to protect the integrity of the Tower, OWNER agrees
that any maintenance, repair and/or replacement performed on the
OWNER's Property shall be done in a workmanlike manner consistent with
TENANT'S high quality construction standards.
iii. EACH TIIIRD PARTY shall be required herein and by its
respective license agreement to do likewise for all of its Third Party
Property. In order to protect the integrity of the Tower, each third party
must in its license agreement agree that any maintenance, repair and/or
replacement performed hy it or on its behalfofits Personal Property shall be
done in a workmanlike manner consistent with TENANT'S high quality
construction standards.
iv. NON-INTERRUPTION AND NON-INTERFERENCE. Any
maintenance, repair or replacement work performed on OWNER's Property
shall not interrupt or interfere with the operation of TENANT'S
communications, system or TENANT'S Equipment unless TENANT
specifically agrees in writing to such interruption or interference.
v. PLAN REVIEW BY TENANT. Prior to the commencement of
any maintenance, repair or replacement work on OWNER's Properly,
OWNER shall submit to TENANT for approval plans and specifications of
the maintenance, repair and replacement work to be performed. TENANT
Shall have the option to comment upon such plans, specifications and
8 E1
conlractor prior to tile commencement of any maintenance, repair or
replacement work, all at the Property Owners' expense.
vi. NOTICE TO TENANT. OWNER shall provide TENANT whh
.at least forty-eight (48) hours notice prior to any maintenance, repair or
replacement work that will require access to the Tower structure or
LEASED AREA, unless an emergency exists in which case notice shall be
provi~led to PCS not later than twenty-four (24) hours after access to the
Tower structure or LEASE AREA has occurred. TENANT shall have the
r/ghtl to have a representative present during any non-emergency
maintenance, repair or replacement by OWNER (or Third Party Licensee)
that will require access to the Tower or to the LEASED AREA, but not the
tower.
F. , INTERFERENCE. TENANT agrees to install communications
equipment of a type and Frequency which will not cause interference with
OWNER's equipment at the LEASED AREA. In the event TENANT'S
equipment causes interference with O '
WNER s equipment at the LEASED AREA,
TENANT will take all steps necessary to correct and eliminate such interference at
TENANT'S sole cost and expense. OWNER agrees not to allow any future use of
OWNER's equipment or addition and/or modification to any current use of the
Tower or OWNER's property that may cause interference wilh or the improper
operation of tile Tower, TENANT'S equipment, or TENANT'S communications
signal or system. In tile event that any addition or modification to the O '
WNER s
equipment causes interference with TENANT'S equipment or communications
signal and/or system, OWNER, upon notification of such interference, agrees to
promptly remedy such interference at WNER s expense until such interference is
O '
corrected to TENANT'S sole and reasonable satisfaction. In the event OWNER
and TENANT cannot resolve such interference problems, OWNER and TENANT
agree to resolve any interference disputes by arbitration which shall be performed
in accordance with tile Rules of the American Arbitration Association. The
arbitration decision/award shall be binding upon OWNER and upon TENANT and
may be entered in any court having jurisdiction thereof. OWNER and TENANT
agree that the costs associated with any arbitration shall be borne by TENANT if
TENANT is the cause of the interference or by OWNER if OWNER is tim cause
of the interference.
G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space
to park same within the LEASED AREA, Owner hereby grants to TENANT and
each future third party licensee, subject to availability of space for same, a bare
license with no interest coupled thereto to park their respective motor vehicles on
OWNER's Property for short periods of time while the vehicle owner/entity is
constructing, removing, replacing and/or servicing its antenna(s) and/or its
communications Facilities within the LEASED AREA.
H. OWNERSHIP OF TOWER AND OTHER PROPERTY.
(I) During Tile Life Of This Lease: The Tower shall remain the property
of TENANT during the life of this Lease. Any other property brought onto the
LEASED AREA by or on behalf of TENANT shall remain the property of
TENANT during the life of this Lease and after termination of this lease. Ail
property brought upon the LEASED AREA by OWNER shall remain the property
of OWNER. All property brought upon the LEASED AREA by any third party
shall remain the property of that third party during the life of this Lease and after
expiration or termination of this Lease except as may be specified olhenvise in the
respec.live controlling license agreement for the subject property oflhat third party
licensee.
(2) tat Ex~iZ~nation of_.Lr, a~: Upon expiration or
termination of this Agreement, TENANT shall, at no cost to OWNER, remove the
tower and All of its other property from tile LEASED AREA unless OWNER
directs otherwise to TENANT. If the term/nation or expiration of this Lease
occurs before an extension into the sixteenth lease year (See Section 3 (C)), and if
OWNER elects to acquire ownership oflhe tower, Owner must pay to TENANT
the lhen depreciated book value of the Tower. If this lease expires or is terminated
after the Leflse is extended into tile eleventh lease year per Section 3 (C), OWNER
may direct to TENANT that TENANT shall not remove the tower from the
LEASED AREA, whereby Tower shall thereby automatically, at no cost to
OWNER, become the sole property of OWNER, and TENANT, upon removal of
all of its other property from the LEASED AREA, shall then have no further duty
or responsibilities with regard to lhe tower.
(3) Third Party Licensees: Each license from TENANT to each third
party shall specifically require that at the end of this Lease each third party shall
immediately remove all of its property from the LEASED AREA. All properly
removed by TENANT or third party shall be removed by or on behalf of its then
owner without delay and at no cost to OWNER. Removal ofall property by or on
behalf of TENANT and each third party licensee shall be done in a workmanlike
manner and the LEASED AREA shall be restored by TENANT to its original
condition, normal wear and tear excepted. OWNER may, ho`,vever, then grant to a
respective third party a license to remain on the Tower and/or the LEASED
AREA, in which event the property of the third party licensee may remain in
accord with such license.
(4) Bill of Sail:: In the event that OWNER desires to acquire ownership
of the tower, for record keeping purposes and County property inventory control
purposes, TENANT ,,viii, at no cost to OWNER, convey to OWNER a Bill of Sale
for the Tower. Absent a controlling law to the contrary, failure to convey the Bill
of Sale shall not, ho`,vever, affect the total automatic transfer of title to the Tower
to OWNER.
5. Early Termination Of This Lease By TENANT.
It' any of the following events (paragraphs A through E) occur, TENANT
has the right to immediately terminate this Lease by giving `,witten notice to
OWNER of such termination before three hundred and sixty-five (365) days of the
Commencement Date.
A. TENANT determines, in its sole discretion, that it will be unable to
obtain all necessary Governmental Approvals for TENANT'S intended uses of
and irr, provements to the LEASED AREA as desired by TENANT; or
8 El"
B. TENANT'S application for any Governmental Approvals necessary
for TENANT'S use of the LEASED AREA and/or TENANT's Property and
improvements desired by TENANT is denied; or
C. Any Governmental Approvals necessary for TENANT'S use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or
hereafter delircd by TENANT,, have been canceled, have expired, have lapsed or
have othc~vise been xvithdrav, n, terminated or denied so that TENANT, in its
reasonable j/udgmcnt,, determines that it will no longer be able to use the LEASED
AREA for TENANT S intended uscs; or
D. Tile Federal Communications Commission ("FCC") allocates the
frequencies at which TENANT may operate ll'~e subject antennas and related
equipmen! and may from time to time change such frequencies. Any change of
this nature ~that, in TENANT'S reasonable judgment, renders its operation of a
wireless communications facility at tile LEASED AREA obsolete; or
E. If TENANT determines that the LEASED AREA has become
unsuitable for TENANT'S operations due to changes in system design or network
design or in the types of equipment used in such operations, or TENANT'S
operations at the Property become unprofitable.
F. Any timely termination notice delivered to OWNER by TENANT
shall cause this Lease to expire whh the same force and effect as though the date
set Forth in such notice were the date originally set as the expiration date of this
Lease and the parties shall make an appropriate adjustment, as of such termination
(late, with respect to payments due to the OWNER under this Lease.
G. OWNER shall have at its sole discretion the option of terminating
this LEASE iFTENANT conclusively and finally loses its license from the FCC to
provide TENANT/cellular services for any reason, including, and not limited to,
non-renewal, cancellation, or expiration of the license. If the loss of the license is
not due to any fault of TENANT, and OWNER desires to own the tower and/or
other facilities, OWNER shall pay to TENANT the then depreciated book value of
the tower (and any other facilities that may be conveyed by agreement between
TENANT and to OWNER). If tile loss of that license is due to the fault of
TENANT, including non-feasance, such loss of the license shall, at OWNER's
election, forfeit the tower to OWNER. OWNER may terminate this' Lease if
TENANT does not in good faith make and continue to pursue all reasonable
efforts to obtain all required permits and construct the planned tower and all
necessary related facilities.
6. Assignment And Subletting.
A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a
Subsidiary or Affiliate of a Partner Company of TENANT (as defined below),
TENANT shall not assign this Lease, or allow it to be assigned, in whole or in
part, by operation of law or otherwise. TENANT shall not mortgage or pledge this
Lease or any of TENANT's property, or any part thereof, nor sublet any part of the
tower or other of TENANT'S Property without the prior written consent of
OWNER, which consent shall not be unreasonably withheld or unreasonably
delayed. Any assignment or other transfer not authorized by OW'NEE shall be
void ab inirio.
B. NYNEX, Bell Atlantic, AirTouch Communications, and U. S. West
are each currently a Partner Company of TENANT. As used in this Lease, an
Affiliate of any entity is any corporation fifty-one percent (51%) or more of the
stock ofwhich is owned, directly or indirectly, by such entity. A Subsidiary oran
entity is anytcorporation eighty percent (80%) or more of which is owned by such
entity.
1
C. No consent by OWNER to any assignment, lease, sublease or any
olher transfer by TENANT shall relieve TENANT of any obligation to be
performed by TENANT under this Lease, whether arising before or after the
assignment, sublease or other transfer. The consent by OWNER to any
assignment,, sublease, or olher transfer, shall not relieve TENANT From the
obligalion Io obtain OWNER's express written consent to any other or subsequent
assignment(s), sublease(s) or other transfer(s). It is contemplated by OWNER and
TL:NANT that TENANT will license space on the tower /or installation of
antennas by third parties, and that TENANT may license space on the ground to
third parties For location of their equipment related lo their antennas installed on
the tower.
D. Any sale or other transfer, including by consolidation, merger or
reorganization, by sale or transfer of a majority of the then outstanding voting
stock of'TENANT (if TENANT is then a corporation) or any sale or other transfer
of a majority interest (whether of profits, losses, capital, or voting power) or of a
majority of the persons that then comprise the managers of the partnership (if
TENANT is than a partnership), shall not be an assignment for purposes of this
Section 6.
7. Utilities.
TENANT shall be responsible directly to all serving entities for all utility
services used at the LEASED AREA. OWNER agrees to cooperate with
TENANT in its efforts to obtain utilities from any location provided by the
OWNER or by any other servicing utility.
8. Indemnification, Insurance, Assumption Of Risk.
A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify, and
hold OWNER harmless from and against any and all claims of liability for
personal injury or property damage to the extent that they result from or arise out
of.' (i) the acts or omissions of TENANT, its agents and employees in, on or about
the LEASED AREA and/or the easement access area, excepting however, such
claims or damages as may be due to or caused solely by the acts or omissions of
OWNER, its employees or agents; and/or (ii) TENANT'S breach of any term or
condition of this Lease on TENANT'S part to be obser,,,ed or performed.
B. To the extent then allowed by law, and subject to Paragraph 8.E.,
OWNER hereby agrees to indemnify and hold TENANT harmless from and
against any and all claims of liability for personal injury or property damage to the
I0
8£1
extent that they result from or a,'ise directly out of: (i) the acts or omissions of
OWNER, its agents and employees in, on or about the LEASED AREA and/or
access easement area, excepting, however, such claims or damages as may be due
to or caused solely by the acts of TENANT, its employees or agents; and/or (ii)
OWNER's breach of any term or condition of this Lease on OWNER's part to be
observed or performed.
C. [FENANT shall provide OWNER with a certificate of' insurance,
issued by ajn insurance company licensed to do business in the State of Florida
proving thai[TENANT then carries comprehensive general liability insurance with
limits of liability thereunder of not less fi'mt One Million Dollars ($1,000,000.00)
combined single limit for bodily injury and/or property damage together with an
endorsement for contractual liability. Such insurance shall name OWNER as an
additional insured with respect to the LEASED AREA and with respect to
TENANT'~ Property. TENANT will provide OWNER with a renewal certificate
within ten (I0) business days of OWNER's request for such certificate. Any
insurance required to be provided by TENANT under this Paragraph 8 may be
provided by blanket insurance policy covering the LEASED AREA and
TENANT'S Property alld other locations of TENANT, provided such blanket
insurance policy complies with all of tile other requirements of tiffs Lease w/th
respect to the type and amount of insurance required. TENANT may also fulfill
its requirements under this Section 8 through a program of self-insurance. If
TENANT elects to selPinsure, then TENANT shall furnish OWNER with a letter
stating that said self-insurance program then in effect provides for coverage equal
Io or greater lhan that required oFTENANT herein by private insurance.. OWNER
cannot be certain that the specific insurance requirements specified in this Lease
will be adequate with tile passage of time; therefore, OWNER reserves the right to
reasonably amend tile insurnnce requirements by issuance of Notice in writing to
TENANT, whereupon receipt of that Notice TENANT shall have sixty (60) days
in which to obtain tile required additional insurance, unless, for good cause,
OWNER requires that such insurance be acquired in less than sixty (60) days.
D. OWNER shall provide TENANT with a certificate of insurance,
issued hy an insurance company licensed to do business in Florida indicating that
OWNER carries comprehensive general liability insurance with limits of liability
thereunder of not less lhan One Million Dollars ($I,000,000.00) combined single
limit for bodily in.jury and/or property damage, together with an endorsement for
contractual liability. OWNER will provide TENANT with a renewal certificate
within ten (I0) business days of TENANT'S request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above,
shall be written so as to provide that tile insurance company waives all rights of
recovery by way of subrogation it may have against OWNER or TENANT in
connection with any loss and/or damage covered by such policy. The OWNER
and TENANT agree and hereby release each other with respect to any claim
(including a claim for negligence) which the other party may have against such
party for loss, damage or destruction of, or liability for damages to, the LEASED
AREA and/or TENANT's property occurring during the term of this Lease, as
same may be extended, and normally covered under a fire insurance policy with
extended coverage. Notwithstanding anylhing contained in this Lease to the
contrary, the provisions of this Paragraph 8.E. shall control.
F. ASSUMPTION OF RISK BY TENANT. TENANT accepts thc
LEASED AREA "as is." TENANT, for its officers, agents, affiliates, contractors,
rnaterialmen, suppliers, laborers, and employees (collectively "TENANT" for the
purposes of tl~is Section 8) hereby undertakes and assumes all risk of dangerous
conditions, if any, on the LEASED AREA and on fl'm access easement area, and
hereby agrce{~ Io indemnify and hold harmless OWNER and all Users against and
from any claim asserted or liability imposed upon OWNER or any User for
personal injj~ry or property damage to any person (other than from OWNER's
gross negligence) arising out of the TENANT'S installation, operation,
maintenance, condition or use of the LEASED AREA and/or the access easement
area, or TENANT'S failure Io comply with any federal, state or local law,
ordinance, rule or regulation.
9. TENANT Defaults.
A. The occurrence of any one or more of the following events shall
constitute an "Event of'Default" oFthis Lease by TENANT:
(1) The failure by TENANT to make any payment of rent as and
when due. Each rent payment shall be mailed lo OWNER via certified mail,
return receipt requested, or by any other method where TENANT is notified in
writing by the carrier that delivery of the rent to the OWNER has actually
occurred. OWNER shall have no duty or responsibility to notify TENANT of any
late payment or of the fact that the payment was less than the full amount then due
to OWNER except as prerequisite to declaring TENANT to be in default of this
Lease.
(2) Thc failure by TENANT to observe or perform any of the
covenants or provisions of this Lease to be observed or performed by TENANT,
other than as specified in Paragraph 9.A. (I), where such failure shall continue for
a period of thirty (30) days after written notice thereof is received by TENANT
from OWNER; provided, however, that it shall not be deemed an Event of Default
by TENANT if TENANT shall commence to cure such failure within said thirty
(30) day period and thereafter diligently prosecutes such cure to full completion.
(3) IFTENANT abandons or vacates the Property.
(4) To thc extent allowed by law, if TENANT is adjudicated a
bankrupt or makes any assignment for the benefit of creditors; or it' TENANT
becomes insolvent or OWNER reasonably believes itself to be insecure, fA "Safe
Harbor" provision (vis-a-vis Federal Bankruptcy Laws) is to be inserted
herel.
B. If there occurs an Event of Default by TENANT, in addition to any
other remedies available to OWNER at law or in equity, OWNER may elect to
terminate this Lease and all rights of TENANT hereunder.
C. If there occurs an Event of Default by TENANT, OWNER shall rl~
have the right, prior to the termination of this Lease by a court of competent
.jurisdiction, to enter upon any of TENANT's Property and/or remove persons or
8 E1
property from TENANT's Property, except as needed to accomplish emergency
repairs.
D. tn the event ora material default ofthis Lease by TENANT, OWNER
shall Inavc the right, at its option, in addition to and not exclusive of any other
remedy OWNER may have by this Lease or by operation of law, without any
further demaind or notice, to either (a) declare this Lease at an end. If ordered by
OWNER, TENANT shall immediately remove the tower and its property as
specified b,y~ OWNER, and TENANT shall then pay to OWNER a sum of money
equal to thc total of(i) the amount ofunpaid rent, ifany, then accrued through tine
date of termination; (ii) the amount by which tile unpaid rent reserved for the
balance of tine term; and (iii) any other amount necessary to compensate OWNER
for all detriment proximately caused by TENANT'S failure to perform its
obligations under fine Lease; or (b) without terminating this Lease, OWNER may
relet tile tower, for the account of TENANT upon such terms and conditions as
OWNER may deem advisable, and any moneys received from such reletting shall
be applied first to tine expenses of such relctting and collection, including
reasonable attorneys' fees, real estate commissions paid, if any, and thereafter be
applied toward payment of all sums due or to become due to OWNER hereunder,
and if a sufficient sum shall not be thus realized to pay such sums and other
charges, TENANT shall pay OWNER, monthly, any deficiency, notwithstanding
that OWNER will have received rental payments in excess of the rental to
OWNER stipulated in this Lease in previous or subsequent months, and OWNER
may elect to bring an action therefor as such monthly deficiency shall arise.
E. No re-entry and taking of possession of TENANT's Property by
OWNER shall be construed as an election on OWNER's part to terminate this
Lease, regardless of the exlent of renovations and alterations by OWNER, unless a
written notice of such specific intention is given to TENANT by OWNER.
Notxvithstanding any reletting without termination, OWNER may at any time
thereafter elect to terminate this Lease for any such previous breach.
10. Notices.
All notices hereunder must be in writing and, unless otlmrwise provided
herein, slmll be deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or to any other mailing address which the party to
be notified may designate to the other party by such notice) or by overnight
courier service. Should OWNER or TENANT have a change of address, the other
party shall immediately be notified as provided in this Paragraph of such change.
Unless OWNER otherwise specifies in writing, rent checks from TENANT shall
be sent to tile person listed below to whom notices are sent.
TENANT:
PRIMECO PERSONAL COMMUNICATIONS, L.P.
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
Attn.: Property Manager
Telephone Number: (561) 995-5500
13
8£1
With a copy to: PrirneCo Personal Communications
Address: 8875 Hidden river Parkway, suite 350, Tampa, FL 33637
Attention: Attention: Edward Wholl, Esq.
Telephone Number: (813) 61.5-4840
OWNER: Collier County, a political subdivision of the State of FIorida
Attention: iFranchise Administration Coordinator
Address: 3301 E. Tamiami Trail, Adm. Building, I'" Floor
.Naples, FL 34112
Telephone: ~(941 ) 774-8577
With a concurrent copy each to: (l) Office of the Collier County Attorney and (2)
Collier County's Real Property Management Department. (Both at the above
address).
! I. Sale Or Transfer Of The Leased Area By Owner.
The LEASED AREA is within a wastewater treatment plant site. OWNER
has no plans to sell or otherwise convey away any part of' or any interest in any
part of the LEASED AREA to TENANT or any other person or entity. Should
OWNER, at any time during the life of this Lease, sell, lease, transfer or other,vise
convey all or any part of the LEASED AREA, to any transferee other than
TENANT, then such transfer shall be under and, during thc entire term of this
Lease, shall be subject to this Lease and all of TENANT'S rights hereunder.
12. tlazardous Substances.
A. OWNER bas no knowledge that neither OWNER nor any other
person or entity has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of any Hazardous Material (as defined in Paragraph
12.B, below) on, under, about or within any part of OWNER's Property in
violation of any law or regulation. OWNER and TENANT each agree that they
will not use, generate, store or dispose of any Hazardous Material (as defined in
Paragraph 12.B, below) on, under, about or within OWNER's Property in
violation of any applicable law or regulation.
B. OWNER and TENANT each agree to defend and indemnify the other
and the other's partners , affiliates, agents and employees against any and all
losses, liabilities, claims and/or costs (including reasonable attorneys' fees and
costs) arising from any breach of any warranty or agreement contained in
Paragraph 12.A. As used in Paragraph 12.A, "ltazardous Material" shall mean
any substance, chemical or waste identified as hazardous, toxic or dangerous in
any applicable federal,state or local law or regulation (including petroleum and
asbestos).
13. Condemnation.
A. Whole Condemnation. Because OWNER is a governmental entity
and few condemnors have authority to condemn the LEASED AREA, it is
unlikely that the LEASED AREA will ever be condemned. If the LEASED
AREA, including without limitation any of TENANT's Property, shall be taken or
14
8 £1
condemned, either temporarily or permanently, for public purposes, or sold to a
condemning authority under threat of condemnation to prevent taking, lllen this
Lease shall automatically terminate as of tile date of tile taking, condemnation, or
sale.
B. Partial Condemnation. If any portion of tile LEASED AREA shall
be taken or ctondemned' either temporarily or permanently, for public purposes, or
sold to a convening authority under threat ofsuch condemnation to prevent taking,
then OWNF~.. agre,e,s that TENANT may use and/or constru,c.t upon an alternative
portion of OWNER s Property that is suitable for TENANT S purposes, provided
such suitable space is available. Tile exact site to wllich TENANT may relocate
,.','ill 1.)e determined by OWNER, and it may be any portion of OWNER's Property
(or other property owned or controlled by OWNER), provided TENANT approves
the new site as being suitable for TENANT'S intended uses. OWNER will
designate a .qite to wllich TENANT may relocate prior to the taking, condemnation
or sale. In the event no alternative portion of the OWNER's Property is suitable
for TENANT'S purposes, then this Lease shall forthwith automatically terminate
as of'the date ofthe taking, condemnation or sale.
C. Co~demnalio~ 4ward. OWNER shall receive tile entire
condemnation award for tile land and all other improvements as were paid For by
OWNER. TENANT hereby expressly assigns to OWNER any and all right, title
and imerests of TENANT now or hereafter arising in and to any such award.
TENANT shall have the right to recover from the condemner, but not from
OWNER, any compensation as may be awarded to TENANT on account of the
taking of its leasehold interest, moving and relocation expenses, and depreciation
to and removal of personal property and fixtures of TENANT from the LEASED
AREA.
14. Liens.
TENANT shall keep TENANT's Property free from any liens arising out of
any work performed, materials filrnisbed, or obligations incurred by or on behalf
oFTENANT. TENANT shall, within twenty (20) days following the imposition of
any such lien, cause tile same to be released of record either by payment thereof or
by posting ora proper bond in accordance with Section 713.24, F/or/da Statutes.
No work which OWNER performs or has performed within the LEASED AREA
shall be deemed to be for the use and benefit of OWNER so that no mechanics or
other lien shall be allowed against the estate of'OWNER by reason of'OWNER's
consent to any such work. OWNER may, at its election, post notices in the
LEASED AREA advising that OWNER it is not responsible for payment for any
S[ICh work.
15. Fire And Other Casualty Damage To Facilities.
If tile tower and/or related Facilities is/are totally or substantially destroyed
by an act or occurrence beyond the control of TENANT, TENANT may terminate
this Lease effective on tile date of such occurrence, or TENANT may elect to
rebuild the tower or construct a similar tower. IFTENANT elects to terminate this
Lease under this provision, any unearned rent for the remainder of that lease year
shall be refimded by OWNER to TENANT provided TENANT }las not otherwise
15
8 E'I
breached this Lease to the monetary detriment of OWNER or to any User. If
TENANT elects to rebuild the tower (or construct a new tower) the annual rental
shall be reduced to $ I00.00 per month for only the ninety (90) days Following the
damage date occurrence, at which time the prior existing annual rent shall
automatically recommence.
16. Taxes.t
A. _This is a net-net Lease as to OWNER. TENANT shall be liable for
and shall pa~ to the applicable taxing authority iFbilled directly to TENANT, or to
OWNER if billed to OWNER, upon thirty (30) days prior written notice from
OWNER, any and all taxes and assessments levied against any personal property
or trade or other fixtures placed by TENANT in or about the LEASED AREA.
B. 'OWNER's Property is not now subject to any real property taxes.
Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any,
that may be levied against the LEASED AREA and/or against OWNER's Property
as a result of this Lease and/or any improvements constructed on the LEASED
AREA by TENANT and/or any licensees other than OWNER. TENANT shall not
be responsible For any increases in real property taxes which are a result of tax
assessment of OWNER's Property due to improvements made by Owner or any
third parties acting under Owner.
C. If hereafter laws of taxation are altered so that if any new tax, any
payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or
special assessments are imposed on any of'the tangible and/or intangible property,
such obligations sball be assumed and be paid by TENANT except any such
payments directly attributable to communications equipment installed on the site
by OWNER or through OWNER. This assumption shall not preclude TENANT
from contesting any and all such obligations.
17. Quiet Enjoyment Anti Non-Interference.
A. OWNER warrants and agrees that TENANT, upon paying the rent
and performing all covenants hereh~ provided, shall peaceably and quietly have
and enjoy the LEASED AREA. Owner warrants to TENANT that installation of
the planned communications tower and/or/ts related facilities are allowed and/or
permitted uses of the leased area. It is the opinion of the County Attorney and of
attorneys for TENANT that the planned uses of the LEASED AREA, as expressed
in this Lease, are allowed and permitted uses ofthe LEASED AREA and are not in
violation of'any Ordinance that applies to the LEASED AREA. OWNER warrants
and agrees that OWNER is seized of good and sufficient title to and int':rest in the
LEASED AREA and h. as full authority to enter into and execute this Lease and
that OWNER knows of no liens, judgments or impediments of title on the
LEASED AREA Property that would affect this Lease.
B. OWNER hereby grants to TENANT, as a primary inducement to
TENANT'S entering into this Lease, the first priority right to install its antennas
and operate its wireless communications facility on the LEASED AREA. From
time to time OWNER may grant to other entities a lease or license to install
communications towers and/or operate wireless communications facilities on
lfi
8£1
OWNER's Property and/or lhe right Io install antennas in connection with tile
operation of such facilities or other communications facilities; provided, however,
lhat OWNER. shall not allow tile operation of any such facilities and antennas by
others which interfere with the operation of any antennas and/or equipment in the
LEASED AREA as it exists at the time of such other occupant's installation or as
it may be modified at any time during the term of this Lease, and as the same may
be extended.~ If any such interference occurs, OWNER agrees to cause tile
elimination of such interference with operations al the LEASED AREA within a
reasonable t~ne after receipt of TENANT'S notice of such interference and, if
necessary, to'cause the interfering party to modify or cease its operations. If such
interference continues for more than thirty (30) days after TENANT'S notice to
OWNER with respect to such interference, OWNER shall require the party
causing tile interference to modify its use of or cease using such equipment which
is causing that interference.
C. TENANT covenants and agrees that TENANT'S equipment,
installation, operation and maintenance at the LEASED AREA and same by any
third party licensee ',rill not interfere with the operation of the OWNER's 800
Mt lz system or OWNER's other transmitted or received radio signals. In tile
event there is any such interference, TENANT will promptly take all steps
necessary to correct and eliminate same within a reasonable period of time. If
TENANT is unable to eliminate such interference caused by any such equipment,
installation, operation and/or maintenance at the LEASED AREA, TENANT
agrees to remove thc offending antennas from the LEASED AREA and, if the
inlcrfcrcnce cannot be corrected lo the satisfaction of OWNER, this hease shall
Icrminalc at thc election of OWNER.
18. Estoppel Certificates.
A. OWNER, at the request of TENANT, shall provide TENANT with a
certificate stating: (I) whether OWNER has any claim against TENANT and if so,
stating the nature of each such claim; (2) that OWNER recognizes TENANT'S
right to TENANT'S antennas, equipment and other property at the LEASED
AREA; (3) that TENANT then has the right to remove TENANT'S equipment and
other property from the LEASED AREA notwithstanding that same may be
considered a fixture under Florida law; and (4) Ihat OWNER at the time of
execution of the Estoppel Certificate has no legal interest in and affirmatively
disclaims any interest to TENANT'S equipment and other property within the
LEASED AREA.
B. TENANT, at the request of OWNER, shall provide OWNER with a
certificate stating: (I) that this Lease is unmodified and in full force and effect
(or, if there has been a.ny modification, that the same is in full force and effect as
modified (and shall state the modification(s)); (2) whether or not, to TENANT'S
knowledge, there are then existing any set-offs or defenses 'against the
enforcement of any of the agreements, terms, covenants or conditions hereof upon
the part of TENANT to be performed or complied with (and, ifso, specifying each
of the same); and (3) the dates, if any, to which rent has then been paid in advance.
19. Miscellaneous Provisions.
1'7
8 E1
A. BROKERS. OWNER and TENANT represent to each other that they
have not negotiated with any real estate broker in connection with this Lease.
B. ENTIRE AGREEMENT. This Lease, including attached exhibits
which are hereby incorporated by reference, incorporates all agreements and
understandings between OWNER and TENANT, and no verbal agreements or
understandin~shall be binding upon either OWNER or TENANT. Any addition,
variation or modification to this Lease shall be ineffective unless made in writing
and signed by both of the parties.
C. CONTINUED COMPLIANCE WITtt ALL APPLICABLE RULES.
OWNER agrees that tile LEASED AREA complies with and during tile term of
this Lease shall continue to comply with all building, life/safety, disability and
other laws, codes and regulations of any applicable governmental or quasi-
governmental authority. Correcting any such non-compliance shall be
accomplished at no cost or expense of TENANT.
D. CONTROLLING LAI'E This Lease and all license agreements and
other agreements related hereto and the performance hereof shall be governed,
interpreted, construed and regulated by the laws of the State of Florida. Any
lawsuits that may be brought to enforce any part of this Lease, including an)' claim
for damages, shall be brought in Collier County.
E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other
directly related agreements shall be binding and inure to the benefit of the parties,
their successors and/or assigns. This Lease, and each and every covenant and
condition herein, is intended to benefit the LEASED AREA and shall extend to
and bind all successors and assigns of the respective parties.
F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All
provisions hereof shall be construed as both covenants and conditions, the same as
if the xvords importing such covenants and conditions had been used in each
separate paragraph. No distinction between a condition, a term, a promise or a
covenant is intended.
G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to
review and negotiate this Lease and have executed this Lease only after such
review and negotiation. The language of each part of this Lease shall be construed
simply and according to its fair meaning, and this Lease shall not be construed
more strictly in favor or against either party.
H. ALL OTtIER INTERESTS SUBORDINATE. This Lease and all of
TENANT's property ~,t the LEASED AREA shall during its life always be
superior to any mortgage and any other pledge by OWNER and by TENANT.
OWNER and PCS shall at no cost or expense to the other, execute whatever
subordination agreements and/or other instruments as may be required by the
other to evidence each subordination. TENANT hereby promises that as of the
date of execution of this Lease there is no deed of trust, mortgage, or other any
other encumbrance affecting this Lease or any of TENANT'S property that may
be placed within the LEASED AREA. OWNER promises that there exists no
mortgage, deed of trust, or other encumbrance or pledge by OWNER that is
18
· . 8 E1
superior to TENANT'S Leasehold interests in Ibis LEASE, and that OWNER shall
not knowingly enter into or suffer any such encumbrance !o become superior to
any of TENANT'S interests under INs Lease. The only possible exception to this
promise by OWNER could be an encumbrance lhat is not avoidable by OWNER
as a matter of law.
I. ATTORNEYS' FEES If either party institutes any action or
proceeding ~n court to enforce any provision hereof, such as an action for damages
For any allegjd breach of any provision hereof, then the prevailing party in such
action or proceeding shall be entitled to receive from the non-prevailing party such
amount as the court may adjudge to be reasonable attorneys' fees for the services
rendered to the prevailing party, together with its other reasonable litigation
expenses.
J. FAILURE TO CURE CURABL£ BREACH. If either party breaches
this Lease in any manner and fails to commence to cure such breach within thirty
(30) days after receiving a written notice from the other party exactly specifying
the violation (or if the breaching party fails thereafter to diligently prosecute the
cure to completion), then the non-breaching party may enforce each of its rights
and remedies under this Lease or provided by law or it may (although it shall not
be obligated to do so) cure that breach or perform the breaching party's
obligations (on the breaching party's behalf and at the breaching party's expense)
and require the breaching party to reimburse all reasonable expenses incurred in
doing so, plus interest (from the date such expenses are incurred until
reimbursement) at twelve percent (12%) per annum.
K. SEVERABILIT): if any portion of this Lease is declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion shall be
deemed modified to the extent necessary in such court's opinion to render such
portion enforceable and, as so modified, such portion and the balance of this Lease
shall continue in full force and effect.
L. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and TENANT shall be entitled to
immediate restraint by injunction (or any other appropriate equitable remedy) of
any violation of any of the covenants, conditions or provision of this Lease.
M. CAPTIONS. The captions of the paragraphs used in this Lease are for
convenience of reference only and shall not affect the interpretation of this Lease.
N. GOVERNMENT APPROVALS BY TENANT. OWNER acknowledges
that TENANT'S ability to use the LEASED AREA and TENANT's Property for
its intended purposes is contingent upon TENANT obtaining and maintaining,
both before and after the Commencement Date, all of the certificates, permits,
licenses and other approvals (collectively, "Governmental Approvals") that may
be required by any federal, state and/or local authority, including OWNER, for the
foregoing uses and improvements to the Property desired by TENANT. OWNER
agrees to cooperate with TENANT in TENANT'S efforts to obtain such
governmental Approvals and OWNER shall take no action that would adversely
affect TENANT'S obtaining or maintaining such Governmental approvals.
19
8
O. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the
execution of this Lease, OWNER shall execute and deliver to TENANT for
recording a "Memorandum of Lease Agreement" in the form of the attached
Exhibit B.
£1
END OF TEXT OF LEASE
IN WITNESS~ WHEREOF, OWNER and TENANT have duly executed this
Lease as ofthe~day and year first above written.
ATTEST: ~
DWIGHT E. BROCK
CLE~KoQF COURTS
~ ";'- 'DePuty-~,e~rk ,r
· pproved s~[o'Form
h_ · and
Leg'~ St~mency:
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
* I M'O r H Y/L(7.. I-I'~N C 6 C K; CHiIRMAN
PCS ("TENANT")
PRIMECO PERSONAL COMMUNICATIONS,
a Delaware Partnership
Print Name: ~l:e~-
Title:~hS,ca
STATE OF FLORIDA
COUNTY OF ~._.MT~ ~
The foregoing Ground Lease was acknowledged before me this
of
to me.
o[;~a.De~wa..re PaL-?ffrsl~ip, who, 3~pqr~onally known
l~otary Public
My Commission Expires:
hAagreemcms 1997/PrlmeCo/i ezse/NCWTP/tcp
2O
PARENT TRACT SKETC, H
';CAZ£ - I" : 400'
DESCRIPTION OF PARENT TRACT
A PARCLI OF LAND LOCATED IN SECTION 26 & 27. TOWNSHIP
48 SOUll. i, RANCE 2~5 EAST, COLUER COUNTY. FLORIDA; BEING
MORE PARTKJuLARLY DESCRIBED AS FOLLOWS:
BEGINNING A1 A CONCRETE MONUMENT LOCATED AT THE EAST
I/4 COk'N[R Of* SND SEC110N 27** THENCE S.00'29'24"E, ALONG
1~ F.~5,1 ~IN[ OF SNO SECT)ON 27. 1.320.44 FEET; ~ S.Bg'
59'1g'[ . .1200 FEET, THENCE S.00'29'24'E., I,.120.49 FEET;
rHCaCt' Pi 89'3.~'~.T'W. ,q. ON¢ n-rE SOUTN UNE OF SCCTIO~ 2a,
S. 89'28 '25"E.
400, 00' ...
8 '
, 86.02
$.8_
i2:..00_~1! I' j? hie SOUTHCASI' CORNER OF SAID $£C 27: ~,,
.... wu ~ r.r.~ mt.l, gCE 5 ~g' ' ' · 05 W.,
S.t'0s'w ~6 b:~ rE:ET. ~;;~,.~2e ~2~.[=..?.~00 _r~ET; THENCE N 04' ',
EAST LINE OF SA~ ., .31 FEET TO THE
O SEC110N 27 11~[NC . '
EAST tea' o~ ~ SECT ' £ S.00'27 02'& ALOelG 1'HE
, .. ~ 27. 1,314.29 FEET %0 '
CORNER ~.~1' * TH[ EAST I/4 ,
SAID SECTION 27 AND THE POINT OF BEGINNING.
?72.81' ..., ,~
.8,54935
o°
ADDENDUM TO GROUND LEASE AGREEMENT
North County Regional Wastewater Treatment Plant
dayof ,19 by ard belween C_,oaer County ~ ~ ~ ~al
Communications, LP. a Delawae limited parln~hip ('Tenant ' or 'PCS'). in Ihe event ol a
such tower shal be Ihe sole property of PCS.'
2,) Except as olberwbe provided in Ibis Addendum, lhe Imm oflhe Agreement shall remain
in full force and elfec[
PHmeCe Pemoaal ~ LP
&DDRE~S: TT') Yimete Rd. ~4~, (,~
EXHIBIT "B'
SHORT FORM LEASE
8 £1
THIS SIIORT FORM LKASF., made and entered into as ot' this ,,~G'''''/~ dayof .~f_.~ -/ ,
and between Board of County Commi~ioner~ on behalf of C91~iCT ~_~un~ / t/,f ("OWNER") whose address
3301 East Tamtami Trail. Naples. FL 9411~ , and PRIMECO PERSONAL
COMMUNICATIONS, L.P., a Delaware limited partnership ('PCS") whose address is 777 yamato Rgad, ~uit¢ 600, Boca Raton, Fl.
3343 i.
I. OWNER. on ~e ~enns sad co.dkions ~ forth .in an unrecorded document _,~__~ ~. 197~.~ and raided "Ground
Leue A~'eemcnt", which terms sad co~itiom are incorpemed herein by reference, ~ comiduration of~he eat and cevamm
located at 10500 Gondlefle Road , in the City of N~wl~ , Coumy of Collier , State of Florida.
wi~in the pn:q~.tty of OWNER which is de.ri'bed in Exhibit "Al" a~acbed hereto and incoqx~rated bereby by this reference
.(?,WNER's...Pr~q~"), to~ether with a n~. -exclusi/~ easement to aece~s ~e Property and to install and maintain utilities, for an
aoomoea~ nye o~ year period(s) subject to t~e co~it~ of Paragraph 3.C ofthe Ground Lease Agreement.
2. Pursuant to the Ground Lease Agreement. among uther thinlZ, OWNER shall nut cause or permit any use of the OWNER's
interests only and PCS shall have no possessory interest to OWNER's property or any portion thereof.
IN M~TNF. S~ M~IEREOF, OWNER and PCS have duly executed this Short Form Lease as olive day and yeas' ~ above wtitte~
OWNER: Board ofCeunt7 Commlasionen
~eLbelmlf of. Collk. r C~ ..
Name:
As its:
Address:
PCS: PrimeCo Per~onal Communkations. L.P.
a Delawnre limited p~rtnenhip
Name: Robert Keltl:e~
As its: Technical Dir~:~or
Address: 777 Yantato Road, Suite 600
· 8 E1
~rATE OF:
COUNTY OF:
The foregoing instrument was ~:knowledged before me this day of
Is peraoMn~ Mown to me ~ Ms produced as ~e~t~cat~m.
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNATURE)
No~-y Public - Smm of
(Printed, Typed or Stamped Name of Notaq,)
C, ommission Number:.
STATE OF: FLORIDA
COUNTY OF: PALM BEACH
behalf of the partnership. He is personally known to me.
(OI~ICI~ NOTARY 6JGNATURE)
"~'~1~ ~' m'm'~""'~m'~"' '~"" (Printed, Typed or Stamped Name of NotaP/
8 E1 '
AlE - I" = 400'
$. 89'?H '2' f, "t.'.
400.~r
//~.XI'
N ,~.q'49
- N. O4'55'O5"W,
.88~.o2.
s.~'2~'~k~.
677.31'
5.89'.
Of, ~
N,qg'
$&nuary 4, 1991
Mrs. Anne Goodnight
Co~issioner District 5
Collier County
Collier County Courthouse Complex
Naples, Florida 33962-4977
GTE
q:2 56th St~
?an~a, FT. 336~0
8~3 62~-~249
Thank 7ou for your letter of December 28, 1990 wherein you
requested answers to three (3) questions. I will Attempt to answer
the questions in sequential order to avoid confusion. The answers
are as follows:
1. Our towers are designed to withstand the most severe
hurricanes and/or tornados. The recent hu
which unleashed win I ~, - .. ~ricane, Hugo
evidence al to th- !~:-:~--'~d-t~ be al ~lg~ al 170 NPH.
Thole 170 .... ~[uc~ura~ ~n~egrity of Cellular
. HPH winds assoc~ ...........
b ...... ,,n hurricane Hugo toe,led
ulldings, moved homes from their foundations, uprooted
and knocked lines out of co~aission for up to three
eespower
weeks (see attached article entitled, 'Cellular in the Face of
Disaster,' (EXHIBIT 'A'}. During the fury of Hurricane Hugo,
not one Cellular Tower was lost or damaged along the Carolina
Coastline which is a tribute to Cellular system design. I
also attach hereto, and mark as EXHIBIT 'Al', a letter from
PIROD, INC., a tower ~anufacturer, wherein it is stated that
towers of the type we plan to place on the BASEl ROAD site are
designed to 'BOV OV£~' against the lower portion of the tower.
However, I must stress the point that if and when this tTpe of
failure takes place IL~ other buildings, trees, etc. would be
either in the middle of the state or in the Gulf of Hexico.
2. As for LIGHTNING, our tower will attract lightning in the
area, which should act as a deterrent to lightning strikes.
The CONE of protection around a tower is a radius equal to the
height of the structure. The area within the radius is
virtually immune to direct lightning strikes. However, our
tower will ~ provide any protection in the vicinity of Hr.
Rodinsky's house since his building site is at least 1/4 mile
to the south of our proposed
3. ! have attached hereto two (2] letters identified aa EXHIBITS
B and B1 which address human exposure to cellular frequencies.
Exposure to our Arcadia site is analogous to the light
intensity fro~ a 100-watt bulb at a lO0-foot distance. The
second letter, also signed by Doctor Balzano, states that
exposure to that site is analogous to the intensity of
Hrs. Anne Ooodnight
January 4, 1991
Page two.
moonlight during · bright night of full soon. These letters
prove beyond any reasonable doubt that our sites are extremely
safe to hu~n habitation in ~nd ·round the site.
I note in your letter that Hr. Rodin·ky has claimed that I have not
called him to discuss the above concerns. The truth is to the
contrary. In fact, I discussed, at length, the subjects listed in
your letter and many more, not listed, with Hrs. Rodin·ky in early
December. That sase day I forwarded a letter to Hr. Rodin·k7
wherein I offered to further discuss the subject of TO~RS at his
convenience and requested he call collect. I think you will agree
that GTE HOBILNET has gone the extra mile in our effort to answer
any and all questions with regard to our site. I stand ready to
meet with you and Hr. and Hrs. Rodin·ky at any time to further
discuss this subject.
Thank you for your consideration and understanding in this matter.
I look forward to seeing and talking to you in the near future.
Very truly yours,
Robert A. Kersteen
Supervisor- Cell Site
Florida Region
RAK/lcr
Attachments
cc: Hr. Rodinaky
8'!:1
Dear Commissioners.
- can aporeciate the effort of Brian Milk and
staff members to present ~n ordinance for aporoval regarding
oroliferation of towers an= the standards =he in=ust~y
follow. Unfortunately the ordinance oreoared Eot aooroval
outlines standards for tower erection throughout
County baseo on the standards submitted Dy and on behai
the communication comoanies from other 'counties in ot~er
states totally unlike our Coil£er County. We snoui~ not
implementing standards from other states for our ordinance.
We are unique. We a~ are consc£ous~y aware of how Naples is
toti~ly unllke New Jersey, New Yor~. Ohio. etc.
but when asked where these standards cam ~rom, Hr, H~ik
stated that these standards were taken from other states,
formulate= by the ~ndustry , not by the citizenry of t~e
count£es for the£r best interest. The hundre=s of towers,
monopoles an= m£crocel~s that are ~lanned to be erecte~ as
soon as th~s or=£nance is ~asse= w£!l have a =etrementa~
£m~act on &1! of us.
The two woFxsho~s he~d did not ad=tess the £ssues that the
general public are concerned with, but insteac the two
ce~iular com~an£es moaned & groane= eno consumed the :.=eet!n~s
w£th the£r distaste of tower sharing, at wh£ch po£.q=, one
company sa£d that they are offering Collier County free tower
El''
smace ant tna~ makes them good nei~hbors~ The issue of
health an~ safety from the radiation emmis$i~ns. ~e
that ilghtn!ng is Jrawn ~c ~he cone areas of ~ower3 and
aluminum structures esoeciali¥ the towers surrounded by and
si%ting in wa=er as =ne 330' bower in my back yard is a~d
sicuated in the miOdie o~ designatec we=lanes, no~ ~o mention
the visual pollution ca~seO by these eyesores ~ere no=
addressed. One la~yer representing the cellular companies
said Collier County Officials ~ere infringing on their right
o~ the ~irst amendment. ~hiie they do have the right dE
freedom of expression i~ should not be at the citizens
expense. The public airways are for the puoiic, but to.er
s=ructures are infringing on our personal lzfe which Dy
declaration o~ independence guarantees us the right o~ ii~e.
iibert¥ and =he oursuit of happiness.AccordinG to paragraph
[Oa sub a this ordinance sets standards for cons=ruction
facilities to minimize adverse visual impact, to avoid
damage, and to maximize shared use. Please refer to the
photos. ~he old to~ersites are not included in ~he ne~
ordinance but are included in future towerfarms and
sharing. ~re ~e going to compound the problems these
Oowers have b7 adcin~ new to.ers to it.
At the P!anni~g commissioners meeting the estate zoning ~as
addec to the recommendations for provisional use. ~-2 or
~griculturail¥ zoned ~ropert¥ primarily is single famil~
residences. I that sin.
8 El''
space ant that makes them good neighbors~ The issue o~
health an~ sa?sty from the radiation emm£ssi~ns, the fac;
a[um£num structures espec£al[y the towers surrounded by and
s!tt£ng in wac~r as =ne 330' tower in ~y back ya~a is
situated in t~e middle of designa~ac wec~ands, no; 5o mentisn
the visual po//uCLon ca~ed by these eyesores ~ere no;
addressed. One lawyer representing the cellular companies
said Collier Jounty C~icials were in,ringing on the£~ ~igh~
o~ the flrs~ amenament. Whi~e they do have the right o~
freeOom of expression i% shouia no~ De at the c£tizens
expense. The pubi£c a£rNays are ~or the pub~£c, but
s~ruc~ures are £n~ringing on out persona~ ll~e ~h£c~ Dy
deciara~ion o~ independence guarantees us ~he righ~ o~
liberty and ~hs pursui~ of happiness.According ~o paragraph
10a sub a ~his ordinance se~s s~andards ~or cons%ruction o~
facil£ties to minimize adverse visual impact, to avoid
damage, and ~o maximize shared use. Please re,er to
photos. ~he old towersites awe not £ncluded in the ne~
ordinance but are included in ~uture to~er~arms aha to,er
sharing. Are ~e going to compound the problems these
0owers ~ave by adding ne~ towers to
At the ~ianning commissioners meeting the es%ate zoning Nas
addec ~o the recommendations for prov£sional use. A-~ or
Agrlcui~ural~y zonea ~roper~y prima~iiy is single
~esidences. ~ reouem~ ~hab sin,
less 1han :~ent7 acres be added to the =rotect~ve ar~ of lh£s
ne~ ordinance. Z ask hob can you ai~o~ ~ower~ ~nn ~ HHS~,
~HRP, or the TTRV =ar~s ~i~he~ght up ~o 150 fee~ :<n¢~£nG ~hab
areas especla~:y ~hen the to.er is sltt~ng ~n ~ater.
~ have subm£t~ed many documents, photo~, and Pet~£on~
against the to-er spec~ca~iy £~ ~y back yard to every
comm£ss£on and s~a~ and ask tha~ you P~ease sto~ the
pro~£ferat~on of these d£no~aurs ~ our ~o~£er ~ounty.
Thank YOu
~N¥
AUG ~$'97 9:81FR PRIMECO PERSONAL 91941774360~ P.02/12
Mark Ciarfella
PTimeCo Perecx~l Communications
777 Yemato Road
Boca Raton. FL 33431
(407) 995-5560/5568 fax
COMM 4879955568 TO
24 June 1997
re: Lakes Park. Lee County
Dear Mr. Ciadeila:
Following up on our telephone conversation eadiar today, your appralaaJ of the effect
upon cloud-to-ground lightning strikes of erecting a communications tower in any
given location is accurate.
Ughtnlng Master Corporation has. since Its inception ten years ago. provided
co, suiting and de~ services, along with lightning protection products, to the
communications industn/. We are a recognized industry leader in grounding 8J'K!
structural lightning protection systems ~d techniques. Attached is a rtst cd some of our
customers for reference. I also serve on National Fire ProteCtion Association NFPA
780. the committee which writes the lightning protection standard.
Cloud-to-ground ilghtnlng strike Iocaflo~ ia determined by the formation of lightning-
completing streamers from obtects and structures o~ the surface of the earth. The
earlier the streamer initiation time (the more of a head start a streamer has) from a
particular structure, the better the chance that structure has ot being the attachment
point of a strike. Since the elevation of the top of a communlcatic~$ antenna suplx)rt
stnJcture generally exceeds that of the suing terrain and other structures, both
natural and man-made, streamers initiating from the tower have a head start, Thus
they have a better chance of reaching the downward prOl:x)gatlng step~ders first
during the decisto~ winOow the instant before a strike, completing the strike to the
tower. The streamers initiating from other, nearby structures just loose the raoe.
From a ixactlcal point-of-view, locating a tower in any given area should tend to
benefit people and ~ structures located In that area. The tower will. by virtue of its
elevation, tend to 'attract' strikes which would nom~ally terminate at other structures or
possible at people, thus providing a form of protection. Generally. It is greatly
preferrabte to have lightning strike a structure with a bonding and grounding system
PostOffice Box6017 * Clearwater, Florida 34618-6017 · (813)447-6800
RUG 25'97 91BI FR PR~MECO PERSONRL COMM 4BTg955568 TO 91941774360~
amcifk:aRy designed to ~ ,ghtning curre~ to 1Found a~d cr, MIp~e It in the
earth. This reduces phyltcaJ damage arid minimizes the posdbtlity of Ilgh~ng a~cing
to nem13y unprotected oblects and structures.
Should you want further dm'tflcation or additional informatk)n, please contact me.
Sincerely.
Bruce A. Kaiser
President
P.03/1:~
8 £1
RUG ~'6'97 9;01 FR PRIMECO PERSONRL COHM 4;)79955568 TO 91941774360:~ P.04/12
CELLULAR TELEPHONE & PCS CUSTOMERS
AT&T Wirelesa Services
Tampa, Flori~
Bel~Som Mobility
Atlanta, Georgia
BellSouth PCS
At~a, Georg~
CANTEL
Bumaby, BC, Canada
Carolina West Cellular
Millers Creek, North Carolina
CELCOM Malaysia
Kuala Lumpur, Malaysia
Cellular InformaUon Systems
New York, New York
CENTEL Ceflular
Chicago, Illinois
GTE Mobile C(~munications
AUanta, Georgia
Houston Cellular
Houston. Texas
Independent Cellular Network
Johnstown, Pennsytva~a
IUSACELL
Leon, Mexico
Jamaica Telephone
Kingston. Jamaica
McCaw Cellular
Kirk-land, Washington
Pacific Bell Mobile Services
Pleasanton, CalifonUa
Palmer Commtmk:afio~
R. Myers. F~:~:~a
PCS PrimeCo
Jacksonville, Flodda
PortaTel
Rogers CANTEL
Bumaby, B.C., Canada
Rural Cellular Management
Fairfield, California
Shoals Cellular
Muscle Shoals, Alabama
St~ing Ce~Mar
Rosw~l, Georgia'
Vanguard Cellular
Greenstx)m, North Carolina
YantaJ Bell Telecommunications
Yantai, Shandong, PR China
9:02
FR PRIMECO PERSONAL COMM 40799555E8 TO 91941?743602
AVIATION INDUSTRY CUSTOMERS
(partial listing)
P.05/,I;~'
8 £1
Alexandda Imematioml Airpo~ (AEX)
Alexafldrla, Louisia~
J.R. Ewing
(318) 449-4642
air t~ffic control r~wver
Harr,..~d Atlanta Irfter~l Airpo~ (ATL)
Jim 7o~os
(404) 530-6688
main airfield lighting cor~rol vault
parldng Io~ revenue control
s~veillance cameras
8rooksville, Florkb
Ed Wueaner
(35Z) 799-7275
Hedeng Airixx't (23,1)
Jacksor~ille, FIo~da
~ ~~ ~ (~)
I~ami, Rorida
Haximo Faj~rdo
(305) 876-7129
intematior~l arJ~val$ building
stxveiltm'tce cameras
Natkmai Weather Service
~lver Spdng, Haryland
Pe~o~ ~or~ ~Jrpon (PNS)
Roy ~
(904) 435-17Z2
Wast P~m Belch, RoHdl
(561) 471-7493
t.I m~t Ighttng
AUG Z6°97
9:OZ
FR PRIMECO
PERSONAL COMN
4879955568 TO 919417743S82 P.88/12
8
ELECTRIC UTILITY CUSTOMERS
(p~rti~l listing - ~s of July. 1993)
Central Flodda Electrk: Cooperative
communications facilities
Central Hudson Ga~ & Electric
sub-statJem
Central Louisi3n3 ~ Cooper3tive
Duke Power
commuflic~tions f3aTnJes
Florida Power & Ught
street lights & control vaults
G~lnesvill~ U~lit~es
com~ facili=~
Gu~ States Ut~ties
conm~m~tk~s fac~tkls
Jackson County Electdc
communications f~e~
J3cksonviEe Electric
commun~k)ns Pdc~s
~tJom
K3ns~s C~s & Eleca~ (Western Resources)
¢ommunic3tJo~ flcUK~s
Louisiana Power & Light
communk=tk~ laertes
l.awer Colo~ddo River ~
comnx.cic3ti0ns f3dlities
Maine Electrk: Power Compeny
Northeast UtJIi~ies/Caermctia~ Ligl~ &
comrmmic~ns l~ies
Odando UtiliZes
S~lud3 River Electric CoolMrlUve
commmic3t~x~ f'dal~ies
Santee Electr~: Cooperadve
comm~k=t~ls fac~n~es
Sumpter Electric Cooperative
s3te~e dish
Tallahassee Electric
communk=tions fadlit~
sub-statkms
Tennessee
Tex~s - New Mexico Power Complny
~tJom (lci~es
T~..,our~'y Electdc ~mt~
9:02
FR PRIMECO PERSONAL COMM 4879955568 TO 919417743602
PETROLEUM INDUSTRY CUSTOMERS
(partial listing - as of july. 1993)
P.07/12
8 El*'
offs~e sites/communications facilities
ARKLA Energy Resources
building & communications fi~lities
Buttonwood Petroleum
storage tanks
Columbia Gulf Transmission Company
compresso~ statkxt/communicati~s
Diammd Shamrock Refining & Marketing Co.
~lons facilities
ENRON G~ Pipeli~ C)peraU~ Co--pardi
compresso' ~/commu~atk:~s
Florida Gas Tmns~ Company
storage tanks/comm~icatk~ns fadlides
Kern River Project
pipeline facilktes/commun~tk~
Ken-McGee
conm~mi~t~ facilities
Ga~ Transmisskxt Company
facilities/communications
MOBIL
offshore sitls/communic~bons facili~
Northern lilinois Gas
communicatims facilities
Oxy Chem Pipeline
communications facilkies
PENNZOIL
storage ta~k
SHELL. Pipe Line
commumcatlons fadlities
communications facilities
Sunn~land Gas Iv~oe Line
storage tanks/communicatior~ facilities
Sta~n~rpdse(TEXA~)
Texas Gas Transmission
com~t~ faci~ties
Tmnscen~n~e~l ~ ~ Line
cemmuni~Uons ~
United Gas lape Line
SCADA/commmlcattom radii'des
UNOCAL P~er, m Company
offshore ~tes/~~ f~
UT Mk:rowave
communications facilities
~UG ~G'97
9:02
PRIMECO PERSONAL COMM 4879955558 TO
91941774360Z
GENERAL INFORMATION
ON
STRUCTURAL LIGHTNING PROTECTION
P.OB/IZ
8 E1
Thc third ~ep in securing cffec~'e lightning protection is g~' ~ m ~ ~
~ ~ ~ ~ ~ to ~t~t ~ ~e to ~ pmt~ ~, ~ co~'~ ~
~~~of~c~to~- L~~~S~
~t~ ~ks. Stat~ ~ ~ ~ o~n a~ ~th ~ ~'s a~ (~) ~ ~
~ ~ ~ ge~ ~ for ~y ~s. N~ t~ ~u ~ ~ ~, ~ ~ ~ ~
of ~ c~ c~e ~ k up o~o t~ ~, ~ ~~ ~ ~ c~ge ~ ~
~~ ~. I~fo~it ~sa~, ~c~geon~c~~m
~ die~ of~ ~~ ~ ~ ~, or ~ ~ ~.
a~m o~ ~ ~ ~ feet. ~ ~ ~t of ~ ~ ~o~ate t~ou~ ~ ~ ~
-1-
RUG ZS°9?
the uepped ~ ~te ~ 6v¢ hundred fec~ or so of ~ ~ ~ e~ ~
~ ~ ~ d~e. ~ o~ ~fl ~ ~ ~ ~ ~' For ~
I~, it ~ ~, ~ t~ ~t~ ~ ~ ~ ~ ~ o~ske d~
con~ ~ ~ ~em ~ d~i~ to ~i~ ~ a d~ ~ ~,
~ ~uM ~ ~ ~ ~ ~om ~ ~ ~- Ho~, ~ ~ ~w ~ ~
e~r~ is ~n~ to ~. ~ ~ d~s ~t ~ do~ ~ mw, ~ of ~ ~ ~
~ wo~. So ~o~ ~ ~t ~. ~nh ~ ~v~ of ~o~m i ~ ~
~ to ~ t~ ~e of ~t~ ~s ~o ~ot~ ~c~ ~ ~ ~d~bn
fo~tbn of cb~ c~ge or of ~-~ f we ~ ~o ~u~ ~ ~ of
cbud-to-~ 6~ w~ ~ ~ I~ ~t~n of ~o~ c~e or of ~.
R~ ~
g~ ~bn of~ g~ ~ipk h fo~ ~ ~ &~te ~ ~ ~e ~ ora
~ rod ~ t~ to ~ do~ ~ ~mm ~ a ~t~ bw ~ ~ off~ of
~~g on t~ b~ ~.
t~ ~o ~ ~ c~ge. ~ t~ ~ ~te~ ~o~ ~ ~ ~ ~ ~ ~
coro~ ~ ~ ~ ~Y ~ e~bn ~ ~ ~ ~ ~ ~ b~ ~ ~
~ ~ it ~ ~ ~op~, ~ ~ m~ ~e~ offof~ b~
~ · ~ e~ we~ ~ to~d ~ ~ ~. S~ ~ o~t on ~
d~e p~k to p~ corom ~ to r~u~ ~g or ~ ~.
.2-
AUG ZS'97
9:03
FR PR ] HECO
PERSONAL COMM
40799555S8
TO 91941774~3EOZ
P. 10/1:·
8 £1
This graph shows the cun'cu~ flow through a Lifhug~ Mascr LS ~
dissipaior insudled on the W'I'OC-TV 425' self-supponi~ STL wwer
in ~ Georgia. Thc dissipator was isola~ ~m ~he rower wi~h
insulators, sud a rwclve gaule copper wirc run from rl~ disslp~or,
throu~ n $00 ol~zn resistor, to ground at the base of the towe~. This
graph, ~ on August 20, 1984, shows time from 4 PM to 6 PM,
right to i~fl along tI~ ~odzontal axis, and current o~ a fi.t~y mlcroan~
scale on tl~ vertical ~.
Th~ operation ora Ligitnlng Master® brand Streamer-lk'tarding technology is based upon the
point-discharge principal The princip~ ts illustrtted in this formula, holds that the ~ tlz
radku ofa ~ ek-ment, the greater ~ electric field intensity.
D- Q
4~
electfi~ field intensity
SPEERE
d'mr'ge (in eoulembs)
perm~of~
radius
The r~lationship is not direct, but an inverse square relationship. Ifoue poiut is half the radius of
another, th~ electric field intensi~, i~ not just doubkd, but quadrupled. That is why Lighug~
Mas~ ~mploys ~ smallc~ radius disaipmlng c~ available. Poin~ radius is th~ most
impofla~ facIor in produc~ perfor3Mu~.
-3-
All objects have natural dissipation points. On a stmctm'e, charge tends ~o gaflz'r at, and
streamers form from, the top of the structure (the ultimate point) and from edges and corners.
'f'ne most effective way to mount a streamer delaying system, in terms of structure, weight, wind
loading, cost and aestlz'tics, is to enhance this natural t=ndc'ncy by supporting the system from
the structure itself at these ~atural charge acctn~ulation points. In o~her words, the installation of
the syst~n should be tailored to the structure, not ~ versa. How does a s)~tem t-n~an~
mtural charge accumulation and d~ipation? Keep in mind the nature oftb= static Wound charge.
P~rhaps it is an o~zr~implification, but one way tO envision system design is to imagine takin8
the structure, inverting it, and dipping it into s)~p. When the inverted structure is raised from
the syrup, the points §om whkh the syrup drips w01 be the cl~'ge accumulation and streamer
formation points. These ate also the points w'nere the six.truer delaying components should be
mou~ed.
Lightning Master products are designed for ease of ~stallation. A variety of factory desigm~
and supplied installation systems make k pess~le to easily tailor the Streamer Re.ding system
directly to the protected structure. Lightning Master d~ will be happy to tailor a system
design to your structure.
On a building or other structure normally protected by lightning rods and the associated bonding
and grounding system, existing industry accepted lightning rod system design provides an
adequate and proven method and arra~ement for mortaring Lightning Master ® brand Stzean~t
l~-'tarding air terminals. One may enhance a conventional ~ by inst~ dissipators over,
or b~ place o£ the conventional air termimls. Lightning Masten' PP-30 series products are
Underwriters Laboratork-s listed air tc-nninals, additionally offering strean= &laying propenie~
Now a user can enjoy both the benefits of a "Master Label" installation to meet building codes
and immrance carrier requirements, and the benefits of a true streanzr delaying system.
-4-
AUG ~6'97
9:84
FR PRIMECO PERSONAL COMM 4879955568 TO 9]9417743682
How well does the technology' really work? We ~ometimes henr comments from the
ps~udo~ciend~c community that streamer-delaying technology does not work, or can even trigger
a lightning strike. Ifthi~ technology seems improbable, remember what we a~ t~3~ng lo do. We
are not attempting to stop nil lightning. We are on/y trying to reduce the l~eh~ood of a direct
lighmir~ s~ike to one relatively small geogrnphical area on the surface of the em'th, the m
occupied by the protected structure. Therefore, we do not have to reduce charge nccumulad~n
and streamer formation to zero. We only have to reduce charge accumulation a very sa~l]
percentage to delay su-enm~ formation a fraction of a second from that specific point, so a
competing streamer will be the fir~ to complete t~e stt-&c elsewl~.
The observation has also been made that B,:n Franklin initially hoped that the presence of a
lightning rod would pr=vent tighmi~ by dissipating enough charge that the protected su~cture
would not be struck, and that Franldin discovered thet that wa~ not the case. However, it should
not ¢~ sharp, i.e., the point radh~ was not suffic~ly small ~o be e~ effective.
Structural lighming protection h the third leg of the three-part tripod of effective ~
protection. By reducing the incidence of direct li~ stt'~ces to the pro~ected su'ucture, you
are reducing the incidence of s~ress on the bonding and grounding systc-m and on the translem
voltage ~urge supfa~'sr~n sy~en~ By doing sO, by employin~ all fl~ree ~ub-~y~em~ in a
environment in wh/ch your equipment operates.
-5-
TOTAL PAGE.OI~ == --
RESOLUTION 97-330
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA
STATUTES, AS AMENDED; AUTHORIZING T~E COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES
COMMUNITY HOSPITAL, INC. IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING
THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE
AUTHORITY TO ENTER INTO A MASTER FINANCING AGREEMENT
AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTNORITY
AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC. AS LENDER,
AND NAPLES COMMUNITY HOSPITAL, INC. AS OBLIGOR; PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals.
determined and declared that:
It is hereby found, ascertained,
A. The Collier County Industrial Development Authority (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Resolution R-79-34 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of financing qualifying projects in
Collier County, Florida (the 'County"), under and by virtue of
Chapter 159, Florida Statutes (the 'Act"), to provide for the
making of, and to issue and sell its obligations for lawful
purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a form of Master Financing Agreement (the
'Agreement"), attached hereto as Exhibit A, with respect to the
making by it of a Loan to Naples Community Hospital, Inc. for the
purchase of certain medical and other equipment to be used by the
Hospital in its health care operations.
C. A public hearing was held on August 19, 1997, which
public hearing was duly conducted upon reasonable public notice, a
copy of said notice being attached hereto as Exhibit B, and at such
hearing interested individuals were afforded the opportunity to
9 A
express their views, both orally and in writing, on all matters
pertaining to the nature of the proposed project and to the making
of the Loan. No person spoke or wrote in opposition to the project
or the making of the Loan.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the Master Financing Agreement and
the making of the Loan so that the interest on the Loan will be
exempt from federal income taxation under the Internal Revenue Code
,~f 1986, as amended.
E. The purpose of the act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the making of the Loan be approved by the Board of County
Commissioners.
F. The Loan shall not constitute a debt or a pledge of the
faith and credit of the Issuer or the County, or any agency
thereof, and neither the Issuer, the County, nor any agency thereof
shall be liable thereon; nor in any event shall the Loan be payable
out of any funds or properties other than as provided in the Master
Financing Agreement. No member of the Board of County
Commissioners or any officer thereof shall be liable personally on
the Loan.
G. The Board of County Commissioners is the elected
legislative body of Collier County, Florida for the purposes of
Section 147(f) of the Internal Revenue Code of 1986, as amended.
Section 2. Approval of ]~akimg the Loan. For the purposes
of Section 147 (f) of the Internal Revenue Code of 1986, as
amended, the making of the Loan as contemplated by the Master
Financing Agreement in an amount not to exceed $15,000,000 is
hereby approved; however, this approval shall in no way be deemed
to abrogate any regulations of the County and the project
contemplated by this resolution shall be subject to all such
regulations, including, but not limited to, the County's Growth
Management Plan and all concurrency requirements contained therein
and the Collier County Land Development Code.
Section 3. Effective Datm. This Resolution shall take
effect immediately upon its adoption.
PASSED AND ADOPTED THIS ~day of ~~__~___, 1997.
(SEAL)
ATTEST:
Dwight E. Brock, Clerk
''
Approved as to
form
And legal sufficiency:
County Attorney
COLLIER COUNTY, FLORIDA
Timothy/L. - Hancock,
Chairman, Board of
County Commissioners
CO.~T~Y
~OARDOFCOUNI'YCO~
ID:2118 FlU6 26'9?
9:06 No.O0! P.01
P.O. Box 198
Fod Myc~s, Florida
August13,1997
Mr. Bob Baffon, Pr~ect Manager
Jacksonville DistHct U.S. Army Corps of Engineers
Post OfficeBox 4970
Jacksonville, FL 32232-0019
Re: Initial Drafl Memorandum of Understanding(MOU)/EIS-Southwest
FIoHda
Dear Mr. Baffon:
In regard to your July 28, 1997 correspondence containing the initial draft MOU,
dated July 17, 1997, the Board of County Commissioners of Lee County requested I
forward the enclosed documents reflecting additional talking points for consideration in
the overall discussion and review of the pt'elimlnary C(:N3)s document. The Board has not
officially voted on the MOU provisions, but in light of the presented time constraints,
wishes the encJosed to be inputted irffo the overall agreement discussion Ixocess.
to the July 17, 1997 Corps Initial discussion draft. This document is similar to that
apparently forwarded to your attention by Collier County. The second attachment is a
memorandum from this office to the Board with some additional suggested revisions to
the drafts.
Due to the complexity of the issues, any MOU proposed for final review and
adoption will need additional input and revisions. Hopefully the enclosed will be helpful
to the parties in obtaining a mutually agreed upon document.
JGY/~m
Enclosures
XC:
Very truly yours,
Lee County Board of County Commissioners
Donald Stilwell, County Manager
Mary Gibbs, Director, Community Development
AN F.~&I. 0ffOll,'ll.,l~ IY A.tlrl]m.J~T~ AC110N
co.gz Y
ID:2118
RUG 26'97
MEMORANDUM
FROM THE
OFFICE OF COUNTY ATTORNEY
9:07 No.O01P.02
9
August 11, 1997
To: Lee County Board of FROM:
County Commissioners
RE: ElS MEMORANDUM OF UNDERSTANDING
County Attorney
On Friday we received e copy of Commissioner Albion's memorandum with the attached
revised ElS Memorandum of Understanding (MOU1 ~s apparently prepared for consideration by
the Collier Coonty Board. Upon preliminary review of the revised MOU, the document in general
provides more specificity than the original draft. Regardless, due to the importance and
complexity of the Issues, it would appear that any such final document would need edditior~l
Board input, discussion and revision, in particular as I would expect the ACOE would want
same. For example, reference to a general permit does not state said permit will issue or
provide the scope or terms thcreof [lines 292-294).
As yo~m know, the purpose of the proposed MOU is to set forth a joint study process to
develop the formulation of a programmatic ElS pertaining to some designated portion of the
County(les). The revised draft specifies 'The Estero River Basin,' obviously in Lee County,
although the exact boundary within this general designation would be actually determined
through a public scopir~g process. As stated, the ~tudy area may include the proposed Airpnrt
expansion area and related Impacts thereof.
As regards solely the County's legislative land use planning and regulation function, you
should be aware that one purpose of the EIS/MOU will be to provide a Consensus Alternative
(see lines 243-244, 286, 409-4121, to the existing County Land Use Map and Comprehensive
Plan elements which are stated es the Preferred Alternative (lines 129.132, 252-256). As such,
all aspects of land use planning in the County may be included i~ the process. This is especially
true as the ElS 'scope' is yet to be determined. Accordingly, the process may require
assumptions to be made about future development, including location, density and intensity of
uses different than as presently provided ~nd acknowledged as being in c~mpliance with the
state lar~d planning laws. Through the ElS process, these new assumptions may then become
limitations, otherwise the ElS validity may be ca;led into question. Accordingly, one end restslt
o! the MOU process may be to dictate modifications to the existing County Comprehensive Plan
.L.~nd .L).s.e Ma_Ds ~j.nd related elements and regulations (lines 254-25~).
CO.RTT~'
ID:2118
Lee County Board of
August 11, 1997
Pago 2
Re: ElS MEMORANDUM OF UNDERSTANDING
RUG 26'97 9:08 No.O0! P.03
9 B
While there are certainly slgnlficant policy/administrative considerations to entering the
EIS/MOU agreement, the main legal issue that arises concerns the County's ability to
contractually bind itself to accept any ElS provisions as a modification to its Comprehensive Plan
and related development regulations. It is our legal opinion the County cannot legally do so, and
the MOU needs to clearly provide that the County cannot pre-commit by agreement or any
alternative study process to implement planning and regulatory modifications outside the
statutory Chapter 163 planning and adoption process. By law, the Board cannot delegate or
abrogate its sole legislative Comprehensive Planning decision-making and good faith open
hearings process as established by state law. Any stated or implied understanding to do so is
not only illegal, but could result In any affirmative action later taken pursuant to such an
understanding to be invalidated, if challenged.
Further, it is particularly important that the County retains full authority to consider and
make all final comprehcnsive planning and related regulatory decisions without prejudice, as any
modifications to the County regulations, directed or otherwise, places the County as the entity
which will be subject to claims that the County actions have allegedly taken private property
without due compensation, whether it be through the new 'Bert Harris" law or by court inverse
condemnation proceedings.
In light of the foregoing, we have some prelimlnary suggested revisions that are relevant
for further disct~ssion, as necessary. While it is the intent of this language (or provisions similar
theroto) to protect the County solely from the legal standpoint on the MOU, you should be
aware that such contract provisions will not address the policy issues involved in the Board not
fully implementing any final ElS provisions or how related state and federal agencies will view
such action.
As the EIS/MOU process presents policy considerations, you may wish to obtsin planning
input and opinions from the County Administrative staff and others. If you have any questions
as regards this memorandum or related legal issues, please let me know.
JGY/jm
xc: Donald Stilwell, County Manager
Roger Desjarlais, As.~Istant County Manager
Mary Gibbs, Director, Community Development
Paul O'Connor, Director, Planning
CO.AT~Y
ID:2118 AUG 26'97 9:08 No.00I P.04
Remove word 'binding.'
Add to sentence: 'However, DCA cannot require the County
to adopt a particular provision of the ElS that the County has
not approved per post ElS review as provided for herein, or
otherwise determined Is inconsistent with the goals and
objectives of the Plan as a whole or that the County believes
will be detrimental to the welfare of its citizens.'
Add word 'Corps' to permit.
Upon completion of the ElS, each County will review the
recommendations and provisions thereof and determine in their
sole legislative discretion whether an amendment to the Comp
Plan Is appropriate. Any amendments to the County Comp
Plan will be adopted in accordance with F.S. Chapter 163.
'The recommendations, consensus alternatives and provisions
of the ElS are non-binding on each County in regard to the
acceptance end implementntion of same by modifications to
the County Comp Plan and Cuunty development regulations.
All parties to this MOU agree that the Board of County
Commissioners of the respective Counties retain full authority
and power with rcspect to the acceptance of, adoption and
implementation of any recommendations or provisions arising
from the ElS. Each County reserves the right to accept, reject
or modify any such recommendations or provisions of the ElS
in the County Comprehensive Planning process. ~ .... :9
Does *review/proof" of ElS provide Cot~nty with the ability at
that point to modify or reject, etc.
08/18/07.N0~ 14:4S FA/ 041 843 S718
· ~L~ON IILL~
~002
9 8
N;EMORANDUM
FROM THE
OFFICE OF COUNTY ATTORNEY
To:
RE:
Lee Count~ Board of
County Commissioners
DATE:
FROM:
ElS MEMORANDUM OF UNDERSTANDING
August 11, 1997
County Attorney
On Friday we received a copy of Commissioner Albion's memorandum with the attached
revised ElS Memorandum of Understanding (MOU) as apparently prepared for consideration by
the Collier County Board. Upon preliminary review of the revised MOU, the document in general
provides more specificity than the original draft. Regardless, due to the importance and
complexity of the issues, it would appear that any such final document would need additional
Board input, discussion and revision, in particular as I would expect the ACOE would want
same. For example, reference to a general permit does not state said permit will issue or
provide the sCOpe or terms thereof (lines 292-294).
As you know, the purpose of the proposed MOU is to set forth a joint study process to
develop the formulation of a programmatic ElS pertaining to some designated portion of the
County(ies). The revised draft specifies 'The Estero River Basin,' obviously in Lee County,
although the exact boundary within this general designation Would be actually determined
through a public scoping process. As stated, the study area may include the proposed Airport
expansion area and related impacts thereof.
As regards solely the County's legislative land use planning and regulation function, you
should be aware that one purpose of the EIS/MOU will be to provide a Consensus Alternative
(see lines 243-244, 286, 409-412), to the existing County Land Use Map and Comprehensive
Plan elements which are stated as the Preferred Alternative (lines 129-132, 252-256). As such,
all aspects of land use planning in the County may be included in the process. This is especially
true as the ElS 'scope' is yet to be determined. Accordingly, the process may require
assumptions to be made about future development, including location, density and intensity of
uses different than as presently provided and acknowledged as being in compliance with the
state land planning laws. Through the ElS process, these new assumptions may then become
limitations, otherwise the ElS validity may be called into question. Accordingly, one end result
of the MOU process may be to dictate modifications to the existing County Comprehensive Plan
Land Use Maps and related elements and regulations {lines 254-256).
08/18/97 .NON 14:45 FA.T g41 J43 $71J WIL,SON' ~ZL,LJ~
9
i~003
Remove word 'binding.'
Add to sentence: 'However, DCA cannot require the County
to adopt a particular provision of the ElS that the County has
not approved per post ElS review as provided for herein, or
Otherwise determined is inconsistent with the goals and
objectives of the Plan as a whole or that the County believes
wlrl be detrimental to the welfare of its citizens.'
Add word 'Corps' to permit'.
Upon completion of the ElS, each County will review the
recommendations and provisions thereof and determine in their
sole legislative discretion whether an amendment to the Comp
Plan is appropriate. Any, amendments to the County Comp
Plan wfll be adopted in accordance with F.S. Chapter 163.
The recommendations, consensus alternatives and provisions
of the ElS are non-binding on each County in regard to the
acceptance and implementation of same by modifications to
the County Comp Plan and County development regulations.
All parties to this MO*U agree that the 8oard of County
Commissioners of the respective Counties retain full authority
and power with respect to the acceptance of, adoption and
implementation of any recommendations or provisions arising
from the ElS. Each County reserves the right to accept, reject
or modify any such recommendations or provisions of the
in the County Comprehensive Planning process.
Does 'review/proof' of ElS provide County with the ability at
that po;hr to modify or reject, etc.
08/18/07. H0H 14:46 FAT 041 643 S718
Lee Courtly Board of
Au~st 110 Tgg7
Paoe 2
i~1004
Re: ElS MEMORANDUM OF UNDERSTANDING
While there are certainly significant policy/administrative considerations to entering the
EIS/MOU agreement, the main legal issue that arises concerns the County's ab~ity to
contractually bind itself to accept any ElS provisions as a modificatfon to its Comprehens/ve Plan
and related development regulations. It is our legal opinion me County cannot legally do so, and
the MOU needs to clearly provide that the County cannot pre-commit by agreement or any
alternative study I~rocess to Implement Planning and regulatory modiflcatfons outside the
statutory Chapter 163 planning and adoption process. By law, the Board cannot delegate or
abrogate its sole legislative Comprehensive Planning decisiOn.making and good faith open
hearings process as established by state law. Any stated or imp/ied understanding to do so is
not only illegal, but could result in any affirmative action later taken pursuant to such an
understanding to be invalidated, if challenged.
Further, it is particularly important that the County retains full authority to consider and
make all final comprehensive planning and related regulatory decisions without prejudice, as any
modifications to the County reguratlons, directed or othervvfse, places the County as the entity
which will be subject to claims that the County actions have allegedly taken private property
vv~hout due compensation, whether it be through the new 'Bert Harris' law or by court inverse
COndemnation proceedings.
In light of the foregoing, we have some preliminary suggested revisions that are relevant
for further discussion, as necessary. While it is the intent of this language (or provisions similar
thereto) to protect the County solely from the legal standpoint on the MOU, you should be
aware that such contract provisions will not address the policy issues Involved in the Board not
fully implementing any final ElS provisions or how related state and federal agencies will view
such action.
As the EIS/IVIOU process Presents policy consideratfons, you may wish to obtain planning
input and opinions from the County Administrative staff and others. If you have any questions
as regards this memorandum or related legal issues, please let ma know.
JGY[Jm
xc: Donald StirweJl, County Manager
Roger Dssjarlais, Assistant County Manager
Mary Gibbs, Director, Community Development
Paul O'Connor, Director, Planning
$
6
7
t
9
Ii
17
19
~9
08/18/~? ~ON Z4:4S F.,~ ~41 843
Memorandum of Understanding
Environmental Impact Statement (ELS)
Southwest Florida
WHEREAS, the Corps of Englneers, under the provisions of the Clean
Water Act (CWA), is charged with protecting the physical, chemical, and
biological integrity of the nation's waters to include
the aquatic environment be avoided, ensuring that impacts to
and Compensated (mitigated); and if'practicable, and, if not, be minimized
WI~REAS, the Corps of Engineers, under the provisions of the
Endangered Species Act ('ESA), is charged with ensuring that any activity
permitted does not jeopardize the continued existence ora ~¢d or
Endangered Species ~ and
WHEREAs, the Corps of F-,ngineer~~, under the provisions of the
National Environmental Policy Act ('N~PA), is charged with ensuring that
federal activities do not cause significant harm to the environment through a
(~005
i~ge l~t ora fora/of 13 pa~ts
08/18/07 .ION 14:48 FA~ 941 643 $716
WILSON If~LL~
R~VL~_D MEMORAA'DG~f OF VAmEILq'FAArDt~G_A~gu~ S,1997.
41
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procedure that includes developL~g and anayz~g various alternatives,
.considering secondary and cumulative impacts, and weighing the public
interest · . .
~-t~-oagh full public disclosure and participation; and
WHEREAS, the currc-nt process ofmodif3,ing land for new uses
ve~ onero~ to al2PIir, gi~t~,-ow~,~ due to a sequential and fragmented
planning and regulatory system _in.~
new u
onflicts with zor~in,, an-, - . ~ irements a~-often
~ u prevmus perm~tt~g, ~[lJ.c, J2_leads to great
f~ustration and unproductive expenses for the applicant, and less than
optimum r~sults for the environment; and
WHEREAS, ' ' v
~ c'l~"~~ the L~aLC-~m~Comprehens~ve
Planning p~rocess, ~ . , ..
land use planning and ~ r~tuirements,
· .- co ?n .
t' ·
' ' ; and
WHEREAS, · · .
the Corps of Engineers is
~ dffHculty Ln~ experiencing on a ca~e-b¥-case basis, addressing.ita_-t, hei~
responsibiliHes · · . .
PaLpe ~.~ ofn total of 13 ptL~j
9
~006
08/X8/07. KON ~4:47 FAX 04! 843 $718
78
'/9
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90
91
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WILSON WILl. ER
~FO~, to ~ ~e ~e ~pfe ofgou~st ~ by
s~c~o~g ' ' ' l~d
~d con~afio~
s~mul~e~sly ~fiJl~g ~e C~s~
decision m~ng p~, by si~ ~ow, ~
~ m~ ~ or~~ ~
~[S). ~e °rg~tion~agenc~ sing ~low, ~ ~e ~cip~s, a~
~ s~e ~ C~ting Agencies
~e~.
9
l~007
Page ~'~ era fried of 13 pages
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141
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~47
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· lION /,4:47 FA.I: 941 J43 $718 Ill[SON ]I~LLER
~during the first two months v/a
p ng process.
· The lEIS shall be restricted to · .
lEIhilLthe regulato,-~ .,.o~.__-~_ _~., _l~f~.O_W~~ 'ssues
-., -,,-,ua~ uime Corn -- i~l.,ia,.
protection O£wetlands, mirigat/on, _,_s ......... ~
cumulative ~a/~:U~LcLendangered
and ~.seo~mda~ impacts, species,
water management, and waZer
quality, · . .
· The EIS will be funded by the Regulatory Division of the J'acksonvflle
District, Corps of Eng/necTs, within the Constraints of the ava/lability of
funds to the distr/ct for this purpose as determined
asd-by-m~ CA's ~ , . by the District Engineer.
contribute within the constraints ofav~t,h;,;,~..,-.._ ;. [ to
,~ .~-,~l,ty oztunas to them for this
· ~L~-.Aadopted Future Land Use Maps and related Elements ofthe Collier
County and Lee County Comprehensive Pla~
P~o:Lsh~b~C_o~a~ s~l be u~ed-as the laad.u~
Preferred alternatives for purposes of the
EI$.
· Analysis will be holi~tie and regional - individual projects or properties
shall not be targeted for selective analysis or dr,/aY-or..irnplementafion of
EIS alternatives.
· There are a myriad of existing and ongoing studies andplans that
address water quality, stormwater, lz~az~ge~Lezg, wetland, and listed species
impacts L~ the region. The ~ will ~
.......
or supersede any Odor n~-~,,'~,~: ..... ' and will not cl,,r;
· ~ r,,v- v~ ou Oln.l~ I J t~- ~,,,.,;--__i __ o -
g _ OCa ..... &iumu Sill-' ' ' -
aleS, actlvlti~s~ oF
plans, ~ncluding bu~ not limir~l to Lce County's F-nvironmenml Lands
^cquisition and Restoration Program and
~must be identified as
/~.ormatio ,-,~-~ umc to acqutre necessary additional
9
~008
08/18/~7,~0N 14:48 FA/: 941 643 5716
R~-VISED M~MORAND~ OF U~DEBSTANDI~C,..A~gust .~1997.
160
162
16~
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170
~71
173
174
176
179
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157
15~
159
· Private property rights shall be clearly acknowledged and respecteci in
ElS alternatives. It is recognized that neither the Corps permitting nor this
ElS convey a property Hght nor authorize a~y injury to property or i~vasion
of other rights · · · . .
* · . , * ·
., . .
· Cooperating agencles
.
· The Corp~, Florida Department of Environmental Proration, South
Florida Water Maaagement D{strict, and any other reg~l~tory
F'~ageP'~P~Pe~ in the ElS shal! continue to accept,
process~ permit · . . and
· . apPhcauonsgl~/~~det ~'
· Issue, modify, or deny a permit due to r. he
£IS .Preparation .
1~009
l~g~ ol'a totM 0~13 ~
· 09/.16/~7 .lION 1.4:49 FAX ~41 643 $71.6 WILSON MILLER
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REV'lb'ED M~MORAN'DUI~ OF UNDERSTANDING-August S, lggT.
225
226
227
· A major goal ofthe ElS will be to strcamline the environmen~ review
and permitting process for all applicants; bring more speed, consistency,
certainty and economy to the process~
· ElS activities must be conducted in support ofthe public interest in
achieving a sustainable balanced economy in concert with a healthy
environment. Appropriate weight must be given to the economic impact of
the conclusions r~ached on property owners, public costs, and public
benefits and quality of'life to develop meaningful, sustainable, and
economically viable solutions. Every consideration will be given to eusure
that the ElS will not result in detrimental impacts to the economic
development and diversification of the Southwest Florida economy._Shn~ikl
· The EIS shall~~ public interest~
Ig~ztr, l;l.~:il~a~ fac, to~ used in Corps permit reviews. These include g
·. .
~~mr,~~ economics,
fish and wildlife ',~e~, flood hazards, floodplain v~lues, land u~,
navigation, shorn erosion and accretion, recreat/on, water supply and
conscrv~/on, wat~- quality, encrg~ n~ds, s~ety, food and fiber product/on,
mine.ral needs, a~:~Lconsider~ons Or--property ~ownership~
· Flor/da Sunshine law obligations ofnon-f'edeml pm~cip-~nts ~ be
r~specr~d ·
9 B
I~loto
Pale ~ of a t~al of I~ pages
08/18/97. ION 14:49 PAl g41 g43 $718
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· IL$ON IIIJ.~r~
REVISED MEMORANDUM OF UNDERST, AJ~-,...
~~~~t,~~g~~,~. The ElS sha/l be
conducted in a manner that ensures full opportunity for public Participation.
~j~ve6es~ . .
~ CA's ~corr~t to ~e £olIowing,
· Commensurate w/th the unique authorities and capabilities of each
agency, mIlocaUng sufficient resourccl to
within ~$,.g.memhs.e~ure Completion of the EIS
* Ensuring appropriate representation and part/cipation at each mceting
convened by the Principals.
· Making a sincere effort to develop a Consensus aIternat/ve to an
ext~nt wMch is consistent w/th their governing l,,ws and regulat/ons.
~ To an extent cons/stent w/th theLr govem/ng laws and
regulations, CA's make specific Commitments as fo/lows.
{Below are 2 e~cample possi~ilides _ details mill &e ftlled in
d[sct~sions with each agency - all C,4 's should coa$iEer mala'ng
approj~riate comnu't~ents to e~sure sUccess]
· Secretary, Depatlznent of Community Affairs agrees to facilitate and
expedite changes to the Collier County and Lee County Comprehensive
Plans which implement the IXltYilioa~P~,~Lal.temeti~ of the EIS
' W V' · . . .
i~/~ ora tots~ of 13 lieges
9
I~011
· 08/18/07 . ION 14:49 FAX 041 043 $710 WZI.SON WIlL.ER
Ri:VISED Af~MORAI~UM OP' UI~ER,STAA'D~A~ S,1~7.
267
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270
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· Executive Director of the SFWIVlD agrees to provide conceptual
water quality ce~fication in
· FDEP: support ,fa Programmatic General Permit.
· FGFW~C:
* I~/S:
· EPA:
· Estero Bay Agenc~ for Bay ~ana~ement (A~lbf) agt~ to provide
thc techni~ support to assist in the development and execution of the
ElS process.
* Southwest Florida Regional Planning Council (SWFRPC) agrees to
provide the technical support to assist in the development and execution
of the ElS process.
· Governor's Commission for a Sustainable South Florida, Southwest
Florida Is.sues Group (SWIG) agrees to provide a variety of opportunities
for public discussion of the process and for development of study
products:
Mustfollow a logical, time bound plan to develop
e ElS anchored by clear administrative procedures and responsibilities. A
proposed conceptual plan designed to implement this memorandum is found
at Appendix A. It is intended to be flexible and may be adjusted or
modified as needed to provide the ElS in thc agreed timeframe.
~ The goals of the process will be as follows.
· Completed ElS consistent with Federal laws and regulations which is
also supported by the elected representatives and public they serve/ri
Southwest Florida which established a consensus preferred alternative for
Corps permit review under section 404 of the Clean Water Act within 18
months fi'om the ratification of this agreement.
· Conceptual Water Quality Certification for the entire region studiecL
· Biological opinion for the entire region
·. . . . studied~
9
~J012
08/18/97 · ION 14:$0 FA,I 941
· ILSO~ ~ILLER
RXV~$ED S~MO~uM OF r,,q~~C_A,~,~~ $,1997.
3O2
303
3O4
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307
301
3O9
310
311
313
314
316
317
319
32O
321
322
324
32~
327
:)21
329
330
331
332
* Conceptual basis for a Programmatic General Permit for the study area
region developed for administration by an appropriate agency~hL~ll.%~
f~O13
08/18/97. XO~ 14:50 ~,~T S4! 843 $714 WZ~J(~ ~ZLL~
336
33'7
338
339
340
34Z
R.EVIStD iVI~,IORAN~UM or UN'D~ANDING-AuI~t~ $,l~J?.
P._t~~. Sigra~r~ and date.
347
348
349
350
351
352
353
354
355
356
357
351
359
36O
361
3~2
363
364
365
366
367
37O
371
372
373
374
375
376
377
37~
379
3~0
3~1
3~2
3~3
314
3[6
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9
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08/18/07. ~ON 14:S0 FA.,~ 041 643 S?18
WILSON KILLER
387
3g!
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391
392
393
394
395
396
397
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~03
I~VIb'ED M~MORANDUM OF U~DtRST~DI~G..A~gmt S,19~7.
Lc~guc or' Wom~ Vo~n o~'
Lee County
~o15
08/18/07 . X0N 14:$0 FAX 041 643
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R-~V~S£D M~:MOI~'DUM OF UND£RSTAArDI~FC...Auguff ~,1997.
439
44O
441
Appendix A
Conc~l Implementation Plan
· Months I and 2. Corps will publish this agreement and solicit written
comments from public on the issues nad geographic scope of the EIS.
SWIG will conduct own workshops to prepare their recommendation.
~ ~, in consultation wi~ CA's.aalLp..O_~
determines scope and ~ all "Alternative
Group (~AI~,,,)' ~ld_~~~., ~' ........ ,Development
end of MontL ' t~ pt~p~r~, at the
2, a report describing known existing data and potential data
gaps. ' · ..
· Months 3, 4, and $. The ADG will meet to identify factors used to
evaluate ~altem~ves. The TG (with
review/comments by the ABM) wiI! Coordinate with the ADG to identify
what data is availabIe to measure those factors, identify gaps, determine
how they wiIl be filled ' ' .
prepare a , and
preliminary "Technical Appendix. The Corps will notice the
availability of these and the SWIG will conduct a workshop to prepare their
comments on the direction of the work.
· Months 6, 7, and 8. The ADC? will identify a
azLd.alternatives ~, prep~ge of~
a "Progress Report- in
Month 7, then identify a "consensus alternative" and prepare, by Month 9, a
report of its work. The TG will complet: the draft Technical Appendix.
SWIG will hold public workshops in Months 7 and 9 to prepare their
comments on the progress of these groups' activities.
· Months 9, 10, and 1 I. The ]~Tt_~ edits/synthesizes the reports
from the groups, background material, and NEPA-required technical
material into a Eh-afl SIS document. The P~ziaci~Got~, in consultation
9
Page 12~ of a ~al M' L3 palm
lION 14:S! FAX 041
~S~ ~MO~ OF ~T~Au
449
450 ~
451
452
4f4
455
457
459
46!
· Montha 12, ~
reconvenes the ADG to
~ directs prepaz~ a Preliminary revision
TG to prepare a preliminary to its report, grid.,
Appcnd/x. SWIG ho/ds pub//c rev/sion ofthe Technica/
preliminary revisions, workshop to prepare the/r comments on the
~, reviews/~roofs the Final EIS and issues not/ce in federa/re~ster
and solicits written comments from the public.
~7 * i~onth, l.t4g. · ...
Corps prepares Record otDecision. .
Pare ~ ora to~ of J3 M
lOB
RESOLUTION biO.
A RESOLUTION APPOINTIN~ ROBERT C. BENNETT, .IR., TO
THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
WHEREAS, Collier County Ordinance No. 96.6, created the Collier County Water and
Wast~water Utilities Regulatory Ordinance and provides that the Authority shall be composed of
five (S) members appointed by the Board of County Commissioners; and
WHEREAS, Ordinance No. 96-6 provides thai three (3) memben of the Authority shall be
technical members and two (2) members ofthe Authority shall be lay members; and
WHEREAS, there is currently a vacancy on this beard under the category of lay member;,
and
WHEREAS, the Board of County Commissiune~ l~'V/ou~ly provided public notice
mliciting applicationz from intere~ed parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that $oseph A. Mandy., is hereby
appointed in the lay member category to the Collier County Water and Wastewater Authority to
fulfill the remainder of the vacant term, said term to expire on May 21, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: August 26, 1997
ATTEST:
^ppr~..e!l as ~o ~orm an~
legal sufficiency: ·
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
10C
RESOLUTION NO. 97-332
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THE COLLIER COUNTY AIRPORT AUTHORITY.
WHEREAS, the Board of County Commissioners, on November 14, 1995, adopted
Collier County Ordinance No. 95-67 which created the Collier County Airport Authority; and
WHEREAS, Ordinance No. 95-67 provides that the Collier County Airport Authority
shall consist of ~:ven (7) memben that are r~idents of Collier County with business ability and
experience in one or mom field~ which include, but are not limited to, general busine~,
economic d~velopment, aviation, public affair~, law, finance, accounting, engine~.'ring, natural
resource conservation or other rclated fields; and
WHEREAS, Ordinance No. 95-67 also provides that at least one of the s~ven (7)
members shall be from ~ach of the communities of Immokalce, Marco Island, and Everglades
City; and
WHEREAS, thc terms of four (4) members have expired; and
WHEREAS, the Board of County Commissioners pre~ously provided public notice
soliciting applications from intercmed parties and conducted interviews of the various applicants.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
l. Richard W. Anderson is hereby appointed to the Collier County Airport Authority for
a four year term, said term to expire on August 10, 2001.
2. Monte Lazarus is hereby reappointed to the Collier County Airport Authority for a
four year t~m, said term to expire on August 10, 2001.
3. Stephen L. Price is hereby reappointed to the Collier County Airport Authority for a
four year term, sa/d term to expire on August I0, 2001.
4. Ernest Spinelli is hereby reappointed to the Collier County Airport Authority for a
four year term, said term to expire on August I0, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: August 26, 1997
ATTEST.~ ~,/~,~' .
.~'l',' . ~ . ~-
, ~ ', . ,~. ~ t
~.~ . .., ~ ~
Appm~~o~
~d 16~al'~ffici~cy:
DaSd C. Wcigel ~
Coun~ A~om~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RESOL~ON NO, ~7-333
A RESOLUTION APPOINTED DAPHNIE BERCHER
TO THE PARKS AND R~CREATION ADVISORY BOARD.
WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1995
and was composed of five (5) members; and
WHEREAS, the Board of Cotmty Commissioners, on October 25, 1993, adopted Ordinance
No. 93-81 which increased the membership from five (5) members to seven (7) members; and
WHEREAS, there is currently a vacancy on this board for District 5; arm
WHEREAS, the Board of Coumy C~n~,Masioners pr,~iously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU1WI'Y
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Daphnie Bercher is here. by
appointed to represent District 5 for the remainder of the vacant term, said term expiring
December 3 I, 1999.
This Resolution adopted after motion, second and majority vote.
DATED: August 26, 1997
'~.....~ .,,. ~.?. . ~ ,a.. ,..,, . .. ,y
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
County Attorney
10£
RESOLUTION NO. 9%334
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THlg MARCO ISLAND BlgACH
RENOURISHMlgNT ADVISORY COMMFr'riglL
WHEREAS, Collier County ordinance No. 86-91 created the Marco Island Beach
Renourishment Advisory Committee and provides that the committee shall be composed of nine
(9) members with representation on the committee to be approximately one-half from co-ops or
condominium associations and approximately one-half from single-family residential areas of the
Marco Island Beach Renourishmen! and Public Access Municipal Service Taxing Unit; and
WHEREAS, the terms of three of the members will expire on August 26, 1997, for the
categories of Single-Family, and Condominium; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
!. Barbara G. Schiering is hereby appointed, under the category of condominium, to the
Marco Island Beach Renourishment Advisory Committee for a four year term; said term to
expire on August 26, 2001.
2. Charles J. Huttinger is hereby reappointed, under the category of condominium, to the
Marco Island Beach Renourishment Advisory Committee for a four year term, said term to
expire on August 26, 2001.
3. Gilmore P. Scholcs is hereby reappointed, under the category of single-family, to the
Marco Island Beach Renourishment Advisory Committee for a four year term, said term to
expire on August 26, 2001.
This Resolution adopted alter motion, second and majority vote.
DATED: August 26, i 997
DWIGHT E. BR~',.K,. CLERK
,:2,
.~,~:L~.' .
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T~OTHY/~ ~a~COCK, CmSdRMAN
b~'~d C. ~eigels'' - ~/_.) -
County Attorney
DCW/kn
1OF ' '
RESOLUTION NO. 9%335
A RESOLUTION APPOINTING DAVID E. LINDSEY TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
WHEREAS, the Board of County Commissioners of Colli~r County, Florida adopted
Ordinance No. 95-22 establishing the lmmokalee Enterprise Zone Development Agency
pursuant to Section 290.001, et seq., Florida Statutes; and
WHEREAS, Ordinance No. 95-22 provides that thc lmmokalee Enterprise Zone
Development Agency shall consist of not fewer than eight (8) or more than thirteen (13)
members; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, a memorandum was received from the Housing and Urban Improvement
Manager recommending an appointment to this board;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that David E. Lindsey is hereby
appointed under the Resident category to the Immokalee Enterprise Zone Development Agency
for a four year term, said term to expire on April 4, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: August 26, 1997
ATTEST:{` ,~o %.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
County Attom~o'
DCW~kn
RESOLUTION NO. 9%336
A RESOLUTION APPOINTING JORGE CHEMAS
TO THE HISPANIC AffAIRS ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory
Board, provided that the Advisory Boan:! shall consist of seven (7) members; and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that $orge Chemas is hereby
appointed to the Hispanic Affairs Advisory Board for a four (4) year term, said term to expire on
June 25, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: August 26, 1997
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY/~. I-ffANC~ ~~
Approved as to form and
legal sufficiency:
David C. Weigel v t ~
County Attome).
^DV BDnm
COLLIER COUNTY In_,ORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
(~ormal legal Advertisement [] Other:
Adv., location, etc.)
'.i .2,..' 'z~tiiio,~. ~,~ & ~ti,~.): · ·
c~ ~ ~ ~ I~gon l Si~: '' - - ' ·
~ I fir i i ' 1 m ni f n h m I
' i I n' ' ' ~ v? i ' ~ i 48
lli
Li~ At~chmenm:
I TR~ ~ ~ ~ 0
~ For hea~n~ ~o~ BCC or B~ ~itlatlng ~n to compile one ~y and ob~n Di~ H~d app~ ~o~
for ~ is mbml~ ~ C~n~ A~o~ey befo~ ~bml~ing to C~nU Mana~r. ~ M~a~r's offi~ ~1 d~te
eopi~:
~ C~n~ Manager a~da file: to ~ Reque~ing Dix4slon ~ OdginM
~e~'s Office
B. ~er h~fin~: lnit~fing Di~sion h~d lo a~ and mbmil oggi~l to ~e~'s Offi~, ~ining a ~ for file.
FOR ~'S O~ USE O~Y:
.... ~', ,.~.~...',. ~,~ ....... ..~ .,.~ .. ..
774-84,08
/~~41
IZB-1
July 28, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to consider Petition PUD-97-8
Dear Judi:
Please advertise the above referenced notice one time on Sunday, August
10, 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-I
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY AUGUST 26, 1997, in
the Boardroom, 3rd Floor, Administrat on Building, Coll er 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 DEVEIX)P~4]~NT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER CO~3NTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAPS NUMBERED 8619S AND 8619N; BY CHANGING THE
ZONING CLASSIFICATION OF THE HER~IN DF. SCRIBED REAL
PROPERTY FROM 'A' RURAL AGRICULTURAL TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS CYPRF. SS WOODS GOLF & COUNTRY CLUB FOR
A MIXED RESIDENTIAL AND GOLF COURSE MASTER PLANNED
COMMUNITY FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD AND
IMMEDIATELY CONTIGUOUS TO THE EAST SIDE OF INTERSTATE
HIGHWAY 75 IN THE ~ PORTION OF SECTIONS 18 AND 19,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 283 ACRES, MORE OR LESS; AND BY PROVIDING AN
EFFECTIVE DATE.
Petition PUD-97-8, Bill Hoover of Hoover Planning Shoppe,
representing Northbrooke Development, Ltd., Bonita Grande Hotel
Corporation and Land Trust 5405, Richard K. Bennett, Trustee,
requesting a rezone for property described above.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
128-1
July 28, 1997
William L. Hoover, AICP
Hoover Planning Shoppe
2223 Trade Center Way
Naples, FL 34109
RE: Notice of Public Hearing to consider Petition PUD-97-8
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Richard K. Bennett
12B-1
July 28, 1997
Northbrooke Development, Ltd.
Boni%a Grande Hotel Corporation & Land Trust 5405
4158 Lorraie Avenue
Naples, FL 34104
Attn: Richard K. Bennett, Trustee
RE: Notice of Public Hearing to consider Petition PUD-97-8
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Bill Hoover
ORDINANCE NO. 97-
1 2[ -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 MAPS NUMBER
8619S and 8619N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM WA" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS CYPRESS WOODS
GOLF & COUNTRY CLUB FOR A MIXED RESIDENTIAL AND
GOLF COURSE MASTER PLANNED COMMUNITY FOR PROPERTY
LOCATED NORTH OF IMMOKALEE ROAD AND IMMEDIATELY
CONTIGUOUS THE EAST SIDE OF INTERSTATE HIGHWAY 75
IN THE EAST PORTION OF IN SECTIONS 18 AND 19,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 283 ACRES, MORE OR LESS ;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bill Hoover of Hoover Planning Shoppe, representing
Northbrooke Development, Ltd., Bonita Grande Hotel Corporation
and Land Trust 5405, Richard K. Bennett, 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 Sections 18 and 19, Township 48 South, Range
26 East, Collier County, Florida, is changed from WA" Rural
Agricultural to "PUD" Planned Unit Development in accordance with
the Cypress Woods Golf & Country Club PUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Maps Number B619S and 8619N , as described
in Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
SECTION TWO:
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
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
f/PUD-9?-~ ORDI~J~IC~'/
-2-
12B-~
CYPRESS WOODS GOLF
AND COUNTRY CLUB PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
NORTHBROOKE DEVELOPMENT, LTD.
BONITA GRANDE HOTEL CORPORATION AS GENERAL PARTNER
FRANK W. COOPER, VICE PRESIDENT
4158 LORRAINE AVENUE
NAPLES, FLORIDA :34104
PREPARED BY:
WILLIAM L HOOVER, AICP
HOOVER PLANNING SHOPPE
5051 CASTELLO DRIVE, SUITE 220
NAPLES, FLORIDA 34103
AND
GEOFFREY PURSE, P.E.
PURSE ASSOCIATES, INC.
10100 VALEWOOD DRIVE
NAPLES, FLORIDA 34119
DATE FILED~
DATE REVISED
DATE REVIEWED BY CCPC U.~_~_~i~.~
DATE APPROVED BY BCC
ORDINANCE NUMBER
~-xhibit
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN
SECTION V PRESERVE AREAS PLAN
SECTION VI DEVELOPMENT COMMITMENTS
12B-1
i
ii
1
3
6
10
14
16
17
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
LIST OF EXHIBITS
PUD MASTER PLAN (ENTIRE AREA)
PUD MASTER PLAN (SOUTH HALF ONLY)
PUD MASTER PLAN (NORTH HALF ONLY)
PUD CONCEPTUAL WATER MANAGEMENT PLAN
LEGAL DESCRIPTION
DETAIL OF ROADWAY WITHIN PLATTED AREA OF PUD
STATEMENT OF COMPLIANCE
The development of approximately 285+ acres of property in Collier County, as a
Planned Unit Development to be known as Cypress Woods Golf and Country Club PUD
will be in compliance with the planning goals and objectives of Collier County as set forth
in the Collier County Growth Management Plan. The residential and golf course
facilities of the Cypress Woods Golf and Country Club PUD will be consistent with the
growth policies, land development regulations, and applicable comprehensive planning
objectives for the following reasons:
The subject property is within the Urban Residential Mixed Use District Land Use
Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The approximate southern 108 acres of the project is located within the
Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846)
Interchange Activity Center, as described within the Density Rating System of the
Future Land Use Element.
The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
o
The projected density of 2.80 dwelling units per acre is in compliance with the
Future Land Use Element of the Growth Management Plan based on the
following relationships to required cdteda:
12fl-1
r in h A xim h 108 A f h i
Base Density 4 dwelling units/acre
Activity Center Density Band
Maximum Permitted Density 7 dwelling units/acre
108
~ ni-n'
7 units/acre -756 units 3.46 units/acre -374 units
i hA rxi m 7 h '
Base Density ~
Maximum Permitted Density 4 dwelling units/acre
177
4 units/acm -708 units 2.40 units/acre -425 units
r i h nit '
285
5.15 units/acre-1464 units 2.80 units/acre -799 units
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
1.1
SECTIONI
PROPERTY OWNERSHIP AND DESCRIP~ON
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Cypress Woods Golf and Country Club
PUD.
1.2 TI
The subject property being 285+ acres, and located in Sections 18 and 19,
Township 48 South, and Range 26 East, is described as:
1.3 PR P RTY WN HIP
The subject property is owned by:
Land Trust 5405
Richard K. Bennett, Trustee
865 Fifth Avenue South
Naples, Florida 34102
The property is under contract to purchase by:
Northbrooke Development, Ltd.
Bonita Grande Hotel Corporation as General Partner
Frank W. Cooper, Vice President
4158 Lorraine Avenue
Naples, Flodda 34104
1.4 N E PTi N F A
The subject property is adjacent to and east of the Interstate 75 right-of-
way, and fronts along Northbrooke Drive, (unincorporated Collier County),
Florida. It extends from 1/4 mile north of Immokalee Road to 2 miles north
of Immokalee Road.
The entire project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
]ZB-1
1.5 PHYSI AL DE RI TI N
The project site is located within the Cocohatchee River Canal Drainage Basin
according to the Collier County Drainage Atlas. Stormwater runoff from the site
shall be routed to discharge into the Immokalee Road Canal.
Natural ground elevation is approximately 12 to 13 NGVD with the entire site
located within FEMA Flood Zone "X" with no base flood elevation specified.
The water management system shall consist of a series of lakes and drainage
pipes that will convey the water from the north end of the project to the
Immokalee Road Canal as it goes under Interstate 75. The existing Cypress
heads will be isolated from the water management system because of excess
water draining into them from Interstate 75. A perimeter berm set at the 25 year
stage shall be placed around the Cypress heads and boundaries of the project
will ensure that no off-site water enters the project. The berming of the off-site
flows will in no way effect the drainage of the offsite areas.
Per Collier County Soil Legend, dated January 1990, there are 6 types of soil
found within the limits of the property:
#2 Holopaw Fine Sand, Limestone Substratum
#11 Hallandale Fine Sand
~r21 Boca Fine Sand
#23 Holopaw and Okeelanta Soils Depressional
#25 Boca, Riviera, Limestone Substratum and Copeland Fine Sand
Depressional
#27 Holopaw Fine Sand
The site vegetation consists mainly of: Slash Pine, Cabbage Palm, Cypress,
Palmetto, pasture grasses, and Cat-tails within the shallower areas of the borrow
pits. The site has been heavily invaded by exotics (i.e. Melaleuca and Brazilian
Pepper).
1.6 PROJE TDE RIPTI N
The Cypress Woods Golf and Countr7 Club PUD is an 18-hole, private golf
course community composed of a maximum of 799 residential units. The project
is projected to be completed in three (3) key phases, which are described as:
Phase I (between late 1997 - 1999), Phase II (between 1999 - 2001), and Phase
III (between 2001 - 2003). These residential units are projected to be developed
for up to 99 single-family homes and 700 condominiums. The condominium units
are projected to be: coach homes, carriage homes, garden apartments, and two-
4
family units. Residential land uses, recreational uses, and signage are designed
to be harmonious with one another in a natural setting by using common
architecture, quality screening/buffeting, and native vegetation, whenever
feasible.
This Ordinance shall be known and cited as the "Cypress Woods Golf and
Country Club Planned Unit Development Ordinance".
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the project, as well as other project
relationships.
Regulations for development of the Cypress Woods Golf and Country Club
PUD shall be in accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable sections and parts
of the Collier County Land Development Code and Growth Management
Plan in effect at the time of issuance of any development order to which
said regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards then the
provisions of the most similar district in the Land Development Code shall
apply.
Co
Eo
Unless othenvise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Cypress Woods Golf and Country
Club PUD shall become part of the regulations which govern the manner in
which the PUD site may be developed.
Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
2.3 DE RIPTI N FPR JE T N I NT N I F ND E
A maximum of 799 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 285± acres. The gross project density shall
be a maximum of 2.80 units per acre.
2.4 R LATEDPR TP N PPR VA R IR M T
The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 pdor to the
issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 MODEL NIT AND AL A I ITl
In conjunction with the promotion of the development, residential units may
be designated as models. Such model units shall be governed by Section
2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on.the site
after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of
the Land Development Code.
2.6 PR VlSI F FF- I R M VA F T T RIA
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply with the definition of a 'Development
Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code,
7
12B-1
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
Ail other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
2.7 FF TR PAR IN A I R IR NT
As required by Division 2.3 of the Land Development Code in effect at the time of
building permit application.
2.8 P N PA E/NAT RA HA ITATP AR IR M NT
A minimum of sixty (60) percent open space, as described in Section 2.6.32 of
the Land Development Code, shall be provided on-site.
2.9 LAND APIN ANDB FF RI R I M NT
VVhere roads internal to the PUD are parallel to Northbrooke Drive or
vehicular use areas abut Northbrooke Ddve, a fifteen (15) foot wide buffer
(may be reduced to ten feet in width for areas adjacent to vehicular tum-
arounds) shall be located between the internal paved area and
Northbrooke Drive. Such fifteen (15) foot buffer shall have trees at a
minimum of 25 foot on-center and a single hedge row. Such trees and
shrubs shall meet the standards for plantings, as described within Section
2.4.4 Plant Material Standards and Installation Standards, of the Land
Development Code.
Where different types of residential units or land uses within the PUD abut
each other, buffering and screening between them shall not be necessary,
due to the unified architectural theme throughout the entire PUD, as
described within Section 3.4E. of this PUD Document.
A berm, berm/wall combination, or berm/fence combination may be
provided, at the option of the developer, adjacent to the Interstate 75 right-
of-way. Any berm, berm/wall combination, or berm-fence combination
shall have a height up to eight (8) feet above the nearest northbound travel
lane of Interstate 75. The Development Services Director may
administratively permit a slope steeper than 4:1 along such berm where
such slope will still meet sound engineering and landscaping principles.
Do
A berm, berm/wall combination, or berm/fence combination may be
provided, at the option of the developer, adjacent to the northern boundary
of the Northbrooke Plaza PUD. Any berm, berm/wall combination, or
12B-1
2.10
2.11
berm-fence combination shall have a height up to eight (8) feet above its
existing grade. The Development Services Director may administratively
permit a slope steeper than 4:1 along such berm where such slope will still
meet sound engineering and landscaping principles.
ARCHIT~ANDARD~
All buildings, lighting, signage, landscaping and visible architectural infrastructure
shall be architecturally and aesthetically unified. Said unified architectural theme
shall include: a similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be erected on all of the
subject parcels. At the time of Site De~ elopment Plan approval, the applicant
shall demonstrate such unified architectural theme.
Signs shall be permitted as described within Division 2.5 of the Collier County
Land Development Code, exclusive of the following instances.
Ao
A ground sign shall be permitted along the western PUD boundary. Such
sign shall contain only the name of the entire 285+-acre PUD project and
shall be architecturally compatible with the unified architectural theme of
the PUD, as described in Section 3.4E. of this PUD Document. Exclusive
of landscaping, such ground sign shall not exceed an area of sixty-four
(64) square feet.
Two (2) ground or wall signs shall be permitted at the southern entrance to
the entire PUD, located along Northbrooke Ddve. Such signs shall contain
only the name of the entire 285_+-acre PUD project, names of individual
communities within the PUD project, insignia or mottos of the
development, and shall be architecturally compatible with the unified
architectural theme of the entire PUD (as described in Section 3.4E. of this
PUD Document). Each ground or wall sign shall not exceed an area of
sixty-four (64) square feet, and shall not exceed the height or length of the
wall upon which it is located.
Co
Two (2) ground or wall signs shall be permitted at each entrance off of
Northbrooke Drive. Such signs shall contain only the name of the entire
285+-acre PUD project, names of individual communities within the PUD
project, insignia or mottos of the development, and shall be architecturally
compatible with the unified architectural theme of the entire PUD (as
described in Section 3.4E. of this PUD Document). Each ground or wall
sign shall not exceed an area of sixty-four (64) square feet, and shall not
exceed the height or length of the wall upon which it is located.
12B-1
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
M I W IN
The maximum number of residential dwelling units within the PUD shall be 799
units.
No building, stnJctUre or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permi Prin' I r ·
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
3. Multi-family dwellings (includes townhouses, garden apartments,
coach homes, and carriage homes).
4. Any other use comparable in nature and deemed compatible by the
Development Services Director.
B. P rmi A r ·
1. Customary acce; sory uses and structures associated with the
permitted principal uses including carports, garages, and utility
buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, golf
courses, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
10
2B-1
4. Gatehouse and/or entrance gate features.
5. Essential services, including intedm and permanent utility and
maintenance facilities.
6. Water management facilities.
3.4 DEV L PM NT TAN ARD
Table
within
Table
I sets forth the development standards for residential land uses
the Cypress Woods Golf and Country Club. Front yard setbacks in
I shall be measured as follows:
If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
It the parcel is served by a non-platted private drive, setback is
measured from the edge of pavement. If the parcel is served by a
platted private drive, setback is measured from the road easement
or property line.
(a) Carports are permitted within parking areas.
(b)
Garages are permitted at the edge of vehicular pavement,
which provides access to a designated parking space.
I!
12B-1
TABLE I
RE I EN A D EL PM TAN A D
· i 6,000 Sq. Ft. 5,000 Sq. Ft.
Interior Lots 50 Ft. 80 Ft. (40 Ft.) (1)
Corner Lots 60 Ft. 100 Ft (50 Ft.) (1)
Main/Principal 20 FI" 20 Ft
Accessory 20 Ft. 20 Ft.
Architectural Theme/Unified Plan (2) (2)
Mail ,/Principal
1 Story 5 Ft. or 0 & 10 Ft. (3) 5 FL or0&7.SFL (3)
2 Story 7.5 Ft. or 0 & 15 FL (3) 7.5 FL or 0& 10 FL (3)
3 Story NA NA
Accessory NA NA
Architectural Theme/Unified Plan (2) (2)
Main/Principal 20 FL 20 Ft.
Accessory 10' Ft. 10 Ft.
Architectural Theme/Unified Plan (2) (2)
· i'lC r
Main/Principal
1 Story 10 Ft. 10 FL
2 Sto~ 15 Ft. 15 FL
3 Story NA NA
Accessory 10 Ft. 10 FL
Architectural Theme/Unified Plan (2) (2)
Lake (4) 20 FL 20 FL
Preserve 25 Ft. 25 Ft.
Parking Lots NA NA
Principal Building 35 Ft. & 2 stories 35 Ft. & 2 stories
Accessory Building 20 FL 20 FL
~ 1200 Sq. Ft. 1100 Sq. Ft.
NA
NA
25 FI.
15 Ft
(2)
10 Ft. or 1/2 BH
12.5 Ft or 1/2 BH
15 Ft. or 1/2 BH
15 Ft. or 1/2 BH
(2)
20 FL
10 Ft.
(2)
15Fl or 1/2 SBH
20 Ft. or 1/2 SBH
25 Ft. or 1/2 SBH
(see Exhibit 'A')
(2)
20 FL
25 Ft.
(5)
38 FL & 3 stories
20 FL
1 bedroom = 850 Sq. FL
2 Bedroom = 1000 Sq. FL
3 Bed-~:x:x~l = 1100 Sq. FL
]2
F otn t s to Table I
(~)
(2)
(3)
(4)
($)
(6)
Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2
family structure is on an individually platted lot.
Reduced development standards may be approved for Architectural Theme
Unified Plan projects provided a Site Development Plan is approved pursuant to
Division 3.3 of the LDC. Projects must demonstrate unique characteristics to
justify application of reduced standards.
In the case of buildings employing a zero (0) yard setback, the opposite interior
lot line shall provide 7.5 to 15 feet of setback. Additionally projects employing a
zero (0) lot line development shall submit a plan of all of the lots in the project
identifying building envelope locations to Customer Services prior to the issuance
of the first building permit for a zero (0) lot line dwelling unit.
Lake setbacks are measured from the control elevation established for the lake.
Off street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which serve more than
one development. A green space area of not less than ten (10) feet in width as
measured from pavement edge shall separate any parking aisle or driveway from
any abutting road.
Three (3) story buildings shall be setback a minimum of three hundred (300) feet
from the western boundary line of Quail Creek.
13
12B-1
4.1
4.2
SECTION IV
GOLF COURSE/RECREATIONAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Golf Course/Recreational Areas as shown on Exhibit "A", PUD Master Plan.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. P rm' Prin' I r ·
1. Golf Course.
2. Community center/clubhouse.
3. Golf course maintenance building and golf cart storage.
4. Golf course concession building, rest areas and restro~ms.
5. Water management facilities and essential services.
6. Open space recreational activities and uses.
7. Any other use comparable In nature and deemed compatible by the
Development Services Director.
Bo rmi r ·
1. Customary accessory uses and structures associated with the
principal uses of this district.
2. Pro shops, golf equipment retail sales, and golf course management
offices.
3. Putting greens and aqua range.
4. Swimming pools, tennis courts, shuffleboard court, basketball court,
health club, and spa.
14
12B-1
Offices for managing the clubhouse, community center, and the
leasing of residential units within the PUD while the homeowners
are out of town.
o
Restaurants and cocktail lounges intended to serve club members
and guests of club members/country club.
Interim real estate office exclusively for the initial sale of the
residential units and golf course memberships within the PUD.
4.3 V PM NT TA AR
Ao
Table II sets forth the development standards for golf course/recreational
land uses within the Cypress Woods Golf and Country Club.
TABLE II
GOLF COUR.SE/RECREATIO. NAL DEV~NDARD,~
L R I N
ILDIN I I
Principal Structure 10 FL
Accessory Structure 10 FL
D n 20 Ft.
~ 20 Ft.
ralH ' P rv Ar a eb -,k
Principal Structure 25 Ft.
Accessory Structure 15 Ft.
Principal Structures 10 Ft.
Accessory Structures 5 Ft.
Principal Structure and Accessory
Structure 10 Ft.
Principal Building 45 Ft.
Accessory Building 20 Ft.
& 2 stories
10 Ft.
10 Ft.
2O Ft.
2O Ft.
25 Ft.
15 Ft.
10 Ft.
5 Ft.
10 Ft.
3O Ft.
20 Ft.
& 1 story
12B-1
5.1
5.2
SECTION V
PRESERVE AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. rm' Pn'n' I r ·
1. Passive recreational areas including recreational shelters.
2. Biking, hiking, and nature trails, and boardwalks.
3. Golf cart pathways and boardwalks.
4. Water management facilities and essential services.
5. Native preserves and wildlife sanctuaries.
6. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
7. Any other use comparable in nature and deemed compatible by the
Development Services Director.
1. 2B' 1.
SECTION VI
DEVELOPMENT COMMITMENTS
6.1
6.2
The purpose of this Section is to set forth the commitments for the development
of this project.
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of Final Plat, Final Site
Development Plan approval or building permit application as the case may be.
Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
6.3
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
I?
6.4
65
6.6
6.7
H F P T P RT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. ~ An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
A. This project shall be required to meet all County Ordinances in effect at the
time final construction documents are submitted for development approval.
Bo
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
WAT~
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit shall be submitted prior to Final Site Development Plan
Approval.
B. An Excavation Permit will be required for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD rules.
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and regulations.
12B-1
6.8
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the
course of site cleating, excavation or other construction activity a histodc or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
6.9 ENVIR~
Environmental permitting shall be in accordance with the State of Flodda
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal of
exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
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
Flodda Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as per
Section 704.06 of the Florida Statutes.
Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Review Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Review Staff for
review and approval prior to Final Site Development Plan/Construction
Plan approval.
19
12B-1
6.10
A minimum of twenty-five (25) percent of the existing viable naturally
functioning native vegetation on-site shall be retained, as required in
Section 3.9.5.5.3 of the Collier County Land Development Code. (In
essen~:e, a minimum of 45.02 acres of native vegetation, in all three (3)
strata, shall be retained on-site.)
TRAFFIC
Golf cart crossings may be permitted across the Northbrooke Drive right-
of-way subject to review and approval by the Transportation Services
Department Director or his assignee.
Golf cart paths may be permitted within the westerly ten (10) feet of the
Northbrooke Drive right-of-way subject to review and approval of the
Transportation Services Department Director or his assignee. Such golf
cart paths may be relocated adjacent to the Preserve Areas subject to
review and approval of the Transportation Services Department Director or
his assignee.
The developer may be permitted to landscape the Northbrooke Drive right-
of-way subject to review and approval of the Transportation Services
Department Director or his assignee and subject to the issuance of a Work
Within the Right-of-Way Permit, issued by the Development Services
Division. All maintenance for permitted .landscaping shall be the sole
responsibility of the developer, his successors or assigns. The County
reserves the right to require modification or removal of the landscaping, if
in the opinion of the County, a safety or operational problem is determined
to exist.
The developer may be permitted to replace portions of the existing
pavement of Northbrooke Drive with paver blocks or similar materials
subject to review and approval of [he Transportation Services Department
Director or his assignee and subject to the issuance of a Work Within the
Right-of-Way Permit, issued by the Development Services Division. All
maintenance for permitted paver blocks or other permitted roadway
treatment shall be the sole responsibility of the developer, his successors
or assigns. The County reserves the dght to require modification or
removal of the roadway treatment if, in the opinion of the County, a safety
or operational problem is determined to exist.
Within the areas to be platted within the PUD, the forty-eight (48) foot wide
right-of-way is permitted as shown on Exhibit 'F'.
20
12B-1
The applicant shall be responsible for the installation of arterial level street
lighting at all project entrances prior to the issuance of any certificate of
occupancy for a building accessed from a project entrance.
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
Access to Northbrooke Drive shall be permitted at those access points
shown on the PUD Master Plan. Location of the individual access points
shall conform as nearly as practical to the locations shown on the PUD
Master Plan. Any revised or additional access points shall meet Collier
County access standards, as described in Section 3.2.8.4.1 of the Collier
County Land Development Code.
The petitioner acknowledges that Northbrooke Drive is a public collector
roadway and serves properties other than the subject PUD. As such,
nothing in any development order shall vest any dght in the developer of
this project to control, limit or otherwise hinder the free flow of traffic,
including service and emergency vehicles, at any time, including during the
construction periods of the project. Any work performed within the right-of-
way shall be subject to a permit from the County. Any such work shall also
be required to have a Maintenance of Traffic Plan submitted for review by
both the Development Services Division and the Transportation Services
Department.
Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
If deemed necessary by the Transportation Services Department, turn
lanes in conjunction with the project access points along Northbrooke
Drive, where such access points are internal to the PUD project, shall be
installed by the developer, his successors or assigns, when requested by
Collier County. Any such turn lanes shall be deemed site-related and shall
not be eligible for road impact fee credits.
The development may be phased to accommodate the projected roadway
deficiencies as set forth in the Traffic Impact Statement. The developer
may provide additional facilities to permit an accelerated development
schedule. If it is determined that any such additional facilities are eligible
for road impact fee credits, such credits shall be the subject of a Developer
Contribution Agreement in accordance with Ordinance 92-22, as amended.
21
128-1
Issuance of building permits shall be based on the following phasing
schedule:
Phase I 112 multi-family dwellings 724 AADT°
(Through 1999) 20 single-family dwellings ~
915 AADT*
Phase II 400 multi-family dwellings 2,116 AADT
(Through 2001) 60 single-family dwellings ~
2,689 AADT
Phase III 700 multi-family dwellings 3,406 AADT
(Through 2003) 99 single-family dwellings ~
4,351 AADT
*Mixture may be adjusted as long as AADT does not exceed 915.
22
12B-1
,:!i "lllJJlllllI"~ ~ ~
~: 11 I
12B-1
N
· 12B-1
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
LIST OF EXHIBITS
PUD MASTER PLAN (ENTIRE AREA)
PUD MASTER PLAN (SOUTH HALF ONLY)
PUD MASTER PLAN (NORTH HALF ONLY)
PUD CONCEPTUAL WATER MANAGEMENT PLAN
LEGAL DESCRIPTION
DETAIL OF ROADWAY WITHIN PLATTED AREA OF PUD
12B-1 '
STATEMENT OF COMPLIANCE
The development of approximately 283+ acres of property in Collier County, as a
Planned Unit Development to be known as Cypress Woods Golf and Country Club PUD
will be in compliance with the planning goals and objectives of Collier County as set forth
in the Collier County Growth Management Plan. The residential and golf course
facilities of the Cypress Woods Golf and Country Club PUD will be consistent with the
growth policies, land development regulations, and applicable comprehensive planning
objectives for the following reasons:
The subject property is within the Urban Residential Mixed Use Distdct Land Use
Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The approximate southern forty percent of the project is located within the
Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846)
Interchange Activity Center. as described within the Density Rating System of the
Future Land Use Element.
The project development is comp~,,ule and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The projected density of 2.83 dwelling units per acre is in ceml~liance with the
Future Lanai Use Element of the Grewth Management Plan basc,~l on the
following relationships to required criteria:
12B-1
1.1
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this Section is to ~t forth tha location and ownership of the
property, and to describe the existing concrffions of the property proposed to be
developed under the project name of Cypress Woods Golf and Country Club
PUD.
The subject property being 283+ acres, and located in Sections 18 and 19,
Township 48 South, and Range 26 East, is described as:
1.3 PROPER~__.~__O__~_N_ERSHIP
The subject property is owned by:
Land Trust 5405
Richard K. Bennett, Trustee
865 Fifth Avenue South
Naples, Florida 34102
The property is under contract to purchase by:
Northbrooke Development, Ltd.
Bonita Grande Hotel Corporation as General Partner
Frank W. Cooper, Vice President
4158 Lorraine Avenue
Naples, Florida 34104
1.4 EN DE RIPTI N F PR P
The subject property is adjacent to and east of the Interstate 75 right-of-
way, and fronts along Northbrooke Ddve, (unincorporated Collier County),
Flodda. It extends from 114 mile north of Immokalee Road to 2 miles north
of Immokalee Road.
The entire project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
· " I?B-1
1.5 PHY I AL DE RIPTI N
The project site is located within the Cocohatchee River Canal Drainage Basin
according to the Collier County Drainage Atlas. Stormwater runoff from the site
shall be routed to discharge into the Immokalee Road Canal.
Natural ground elevation is approximately 12 to 13 NGVD with the entire site
located within FEMA Flood Zone 'X' with no base flood elevation specified.
The water management system shall consist of a series of lakes and drainage
pipes that will convey the water from the north end of the project to the
Immokalee Road Canal as it goes under Interstate 75. The existing Cypress
heads will be isolated from the water management system because of excess
water draining into them from Interstate 75. A perimeter berm set at the 25 year
stage shall be placed around the Cypress heads and boundaries of the project
will ensure that no offsite water enters the project. The berming of the offsite
flows will in no way effect the drainage of the offsite areas.
Per Collier County Soil Legend, o,- ·; January 1990, there are 3 types of soil
found within the limits of the property:
#2 Holopaw Fine Sand, Limestone Substratum
#11 Hallandale Fine Sand
#21 Boca Fine Sand
#23 Holopaw and Okeelanta Soils Depressional
#25 Boca, Riviera, Limestone Substratum and Copeland Fine Sand
Depressional
#27 Holopaw Fine Sand
The site vegetation consists mainly of: Slash Pine, Cabbage Palm, Cypress,
Palmetto, pasture grasses, and Cat-tails within the shallower areas of the borrow
pits. The site has been heavily invaded by exotics (i.e. Melaleuca and Brazilian
Pepper).
1.6 PROJECT DESCRIPTION
The Cypress Woods Golf and Country Club PUD is an 18-hole, pdvate golf
course community composed of a maximum of 799 residential units. These
residential units are projected to be developed for up to 99 single-family homes
and 700 condominiums. The condominium units are projected to be: coach
homes, carriage homes, garden apartments, and zero-lot line two-family units.
Residential land uses, recreational uses, and signage are designed to be
· ' " 12B-1
1.7
harmonious with one another in a natural setting by using common architecture,
quality screening/buffering, and native vegetation, whenever feasible.
This Ordinance shall be known and cited as the "Cypress Woods C_.-.-.-.-.-.-.-.-.~f and
Country Club Planned Unit Development Ordinance".
12B-1
2.3 DE RIPTI N F E T N ITY T N ITY F N
A maximum of 799 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 283:t: acres. The gross project density shall
be a maximum of 2.83 units per acre.
2.4 RELATED PR E TP NA P I EM N
The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to the
issuance of a building permit nr other development order.
Appropriate instruments will De provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AN SALES FA I ITIE
2.6
A. In conjunction with the promotion of the development, residential units may
nated as models. Such model units shall be governed by Section
f the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the site
after Site Development 'Plan approval and prior to the re~ of
Subdivision Plats, subject to the other requirements of Section ~.6.33.~,of
the Land Development Code.
PROVI I N FOR FF- ITE REMOYA OF EARTHEN MATERIAl
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply wi_th_ the.definition of a 'Development
Excavation" pursuant to Section ~.'.~,5.1.3 of~fhe Land Development Code,
· ' 12B-1
2.7
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
F TRE T KIN AN
As required by Division 2.3 of the Land Development Code in effect at the time of
building permit application.
A. Stacked parking is permissibI~' on driveways in front of garages.
It is permissible to design driveways that require residents to beck out onto
the internal roadway system.
2.8 _OPEN SPAC~ABITA PR R I M NT
A. ~A_.~i~n_nimum of sixty (60) percent open space, as described in Section
the Land Development Code, shall be provided on-site.
B. A ~mum of twenty-five (25) percent of the viable naturally functioning
native vegetation on-site (natural habitat preserve area), including both the
understory and the ground cover emphasizing the largest conticj_u_ous area
possible, shall be retained on-site, as described in Section ~f the
Land Development Code. ~
2.9 LANDS APIN AND B FFERI RE IR MENT
VVhere roads internal to the PUD are parallel to Northbrooke Drive or
vehicular use areas abut Northbrooke Ddve, a fifteen (15) foot wide buffer
shall be located between the internal paved area and Northbrooke Ddve.
Such fifteen (15) foot buffer shall have trees at a minimum of 25 foot on-
/center and a single hedge row. Such trees and sh~__.J3s-~all m,~et the
standards for plantings, as described within Section k~.4.4~lant ~atedal
~ ~tandards and i~stallation standards, of the Land Deve o'lS-ppment Code.
VVhere different types of residential units or land uses within the PUD abut
each other, buffedng and screening between them shall not be necessary,
due to the unified architectural theme throughout the entire PUD, as
described within Section 3.4E. of this PUD Document.
2.10 AR HITE T RA TANDARD
12B-1
2.11
All buildings, lighting, signage, landscaping and visible architectural infrastructure
shall be architecturally and aesthetically unified. Said unified architectural theme
shall include: a similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be erected on all of the
subject parcels. Landscaping and streetscape materials shall also be similar in
design throughout the subject site.
Signs shall be permitted as described within Division 2.5 of the Collier County
Land Development Code, exclusive of the following instances.
A ground sign shall be permitted along the western PUD boundary. Such
sign shall contain only the name of the entire 283+-acre PUD project and
shall be architecturally compatible with the unified architectural theme of
the PUD, as described in ,~,'.~tion 3.4E. of this PUD Document. Exclusive
of landscaping, such ground .~n shall not exceed an area of one hundred
twenty-eight (128) square feet.
Two (2) ground or wall signs shall be permitted at the southern entrance to
the entire PUD, located along Northbrooke Drive. Such signs shall contain
only the name of the entire 283:t:-acre PUD project, names of individual
communities within the PUD project, insignia or mottos of the
development, and shall be architecturally compatible with the unified
architectural theme of the entire PUD (as described in Section 3.4E. of this
PUD Document). Said ground or wall signs shall not exceed a combined
area of one hundred sixty-four (64) square feet, and shall not exceed the
height or length of the wall upon which it is located.
Two (2) ground or wall signs shall be permitted at each entrance off of
Northbrooke Drive. Such signs shall contain only the name of the entire
283+-acre PUD project, names of individual communities within the PUD
project, insignia or mottos of the development, and shall be architecturally
compatible with the unified architectural theme of the entire PUD (as
described in Section 3.4E. of this PUD Document). Said ground or wall
signs shall not exceed a combined area of sixty-four (64) square feet, and
shall not exceed the height or length of the wall upon which it is located.
" 12B-1 '
2.12 FF TA AR
A. Golf cart crossings are permitted across the Northbrooke Drive ROW.
Bo
Golf cart paths am permitted within the western ten (10) feet of the
Northbrooke Drive ROW. Such golf cart paths may be relocated adjacent
to the Preserve Areas.
The developer is permitted to I~ndscape the Northbrooke Ddve ROW. ' ~
The developer is permitted to replace portions of the existing pavement of
Northbrooke Drive with paver blocks or similar materials that meet
engineering standards for r-. ~,,ays.
Within the areas to be subdivided within the PUD, the forty-eight (48) foot
wide right-of-way is permitted as shown on Exhibit 'F'.
10
12B-1
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
IM MDW L IN NIT
The maximum number of residential dwelling units within the PUD shall be 799
units.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permi Prin i al n nj r :
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings.
3. Multi-family dwellings (includes townhouses, garden apartments,
coach homes, and carriage homes).
4. Any other use comparable in nature and deemed compatible by the
Development Services D,,'ector.
B. P rmi A n r ·
1. Customary accessory uses and structures associated with the
permitted principal uses including carports, garages, and utility
buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, goff
courses, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
I!
· " 12B-1
3.4
4. Gatehouse and/or entrance gate features.
5. Essential services, including interim and
maintenance facilities.
Water management facilities.
DEVELOPMENT
A. Table
within
Table
permanent utility and
I sets forth the development standards for residential land uses
the Cypress Woods Golf and Country Club. Front yard setbacks in
I shall be measured es follows:
If the parcel is servec, ' ' a public or private right-of-way, setback is
measured from the acljacent right-of-way line.
It the parcel is served by a non-platted private drive, setback is
measured from the edge of pavement. If the parcel is served by a
platted private drive, setback is measured from the road easement
or property line.
(a) Carports are permitted within parking areas.
(b) Garages are permitted at the edge of vehicular pavement.
12
· " 128-1
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Minimum Lot Area
(per unit)
Minimum Lot Width
Front Yard Setback
Side Yard Setback
Rear Yard Setback:
Principal Structure 20'
Accessory Structure 10'
PUD Boundary Set-
back:
Principal Structure NA
Accessory Structure NA
Lake Setback 20'
Natural Habitat Pre-
serve Area Setback 15'
Distance Between
Principal Structures NA
6,000 Sq. Ft. 5,000 Sq. Ft. NA
50' Interior Lots* 40, Interior Lots* NA
60' Comer Lots 50' Comer Lots
20' 20' NA
7.5' or 0' & 7.5' 5' NA
...' NA
10' NA
15'
NA
Accessory Structures 10' 10'
Principal Structure to
Accessory Structure 10' 10'
35' and 2 stories
20'
1200 Sq. Ft.
35' and 2 stories
20'
1100 Sq. Ft.
Maximum Height:
Principal Building
Accessory Building
Minimum Floor Area
*May be reduced on cul-de-sac lots.
10'
20'
15'
15' between 1-story structures.
15' between attached garages
& covered entries that are
attached to 2-story structures.
where the 2-story structures
are 20' apart from each other.
(See detail on Exhibit 'A')
20' between 2-story structures.
25' between 3-story structures.
lO'
10'
38' and 3 stories
20'
I bedroom = 850 Sq. Ft. /2
Bedroom = '1000 Sq. Ft./3 Bed-
room -- 1100 Sq. Ft.
13
12B-1
4.1
4.2
SECTION IV
GOLF COURSE/RECREATIONAL AREAS Pl..AN
The purpose of this Section is to identify specific development standards for the
Golf Course/Recreational Areas a.~ shown on Exhibit "A", PUD Master Plan.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. P rmi ed Princi I n :
1. Golf Course.
2. Community center/clubhouse.
3. Golf course maintenance building and golf cart storage.
4. Golf course rest areas and restrooms.
5. Water management facilities and essential services.
6. Open space recreational activities and uses.
7. Any other use comparable in nature and deemed compatible by the
Development Services Director.
B. P rmi a n ·
1. Customary accessory uses and structures associated with the
principal uses of this district.
2. Pro shops, golf equipment retail sales, and goff course management
offices.
3. Putting greens and aqua range.
14
12B-1
Swimming pools, tennis courts, shuffleboard court, basketball court,
health club, and spa.
o
Offices for managing the clubhouse, community center, and the
leasing of residential units within the PUD while the homeowners
are out of town.
Restaurants and cocktail lounges intended to serve club members
and guests of club members/country club.
Interim real estate office exclusively for the initial sale of the
residential units and golf course memberships within the PUD.
4.3 VE PM N T N AR
Table II sets forth the development standards for golf course/recreational
land uses within the Cypress Woods Golf and Country Club.
TABLE II
GOLF COURSE/RECREATIONAL DEVELOPMENT STANDARDS
Tract Boundary Setback:
Principal Structure 10'
Accessory Structure 10'
PUD Boundary Setback 20'
Lake Setback 20'
Natural Habitat Preserve Area
Setback 15'
Distance Between:
Principal Structures 10'
Accessory Structures 5'
Principal Structure and
Accessory Structure 10'
Maximum Height:
Principal Building 45' and 2 stories
Accessory Building 20'
MA NT NAN I IN
10'
10'
20'
20'
15'
10'
5'
10'
30' and 1 story
20'
15
12B-1
5.1
5.2
sEcTIoN V
PRESERVE AREAS PLAN
The purpose of this Section is to identEy spedfic development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other t!',., the following:
A. Penni P 'n' I n ·
1. Passive recreational areas including recreational shelters.
2. Biking, hiking, and nature trails, and boardwalks.
3. Golf cart pathways and boardwalks.
4. Water management facilities and essential services.
5. Native preserves and wildlife sanctuaries.
6. Supplemental landscape planting, screening and buffedng within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
7. Any other use comparable in nature and deemed compatible by the
Development Services Director.
16
" 12B-1
SECTION VI
DEVELOPMENT COMMITMENTS
6.1
6.2
The purpose of this Section is to set forth the commitments for the development
of this project.
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of Final Plat, Final Site
Development Plan approval or building permit application as the case may be.
Except where specifically noted - stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
6.3 ~TER PLAN.
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or spedal
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
Bo
AJI necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
17
12B-1
6.4 H L F P
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in three (3)
phases.
Ao
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. ~ An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
6.5 ~
This project shall be require~ · meet all County Ordinances in effect at the
time final construction documems are submitted for development approval.
Bo
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
6.6 WATER MANAG_..EMENT
6.7
A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit shall be submitted prior to Final Site Development Plan
Approval.
An Excavation Permit will be required for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD rules.
UTILITIE~
Water distribution, sewage collection and transmission and interim water and/o~
sewage treatment facilities to serve the project are to be designed, constructed.
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and regulations.
IS
12B-1
6.8
Pursuant to Section {~.2.25~.8. of the Land Development Code, if during the
course of site clearing, e~vation or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
6.9 ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource P-~ mit Rules and be subject to review and
approval by the Current Planl j Environmental Review Staff. Removal of
exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
B. 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
.F'_Jorida._Statutes. Buffers shall be provided in accordance with Section
Ot~.~~f the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as per
Section 704.06 of the Florida Statutes.
Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Flodda Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Review Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Review Staff for
review and approval pdor to Final Site Development Plan/Construction
Plan approval.
19
12B-1
12B-1
12B-1
12B-1
EXHTBTT
All of those portions of Sections 18 and 19, Township 48
South, Range 26 East, Collier County, Florida, located
east of the 1-75 right-of-way, less and excepting those
portions thereof known as Northbrooke Drive, according to
the plat thereof recorded in Plat Book 24, Pages 90
through 92, inclusive, of the Public Records of Collier
County, Florida; and further less and excepting the
commercial property described on Exhibit #C" attached
hereto.
· . ~..~CONb'~JI.TINCI ENGINEErts -- PLANNEII$ -- LAND GUftVEYOI1S
lIMA File No.' 18.102
IIGle9
12B-1
['pr~|ect area) "~
· ::~:,A'.'.,parcel of .land located In the ~outheast quarter of Section 19, Township. q8
i::.*..~iSouth~.Rango 26 East, Collier. County, Florldao being more .particularly
· ';'?.)~.;C0~nmehce' et the Southeast corner of Section 19, Township q6 South, Range
' ::'.~6:East, CoiNer county, Florida, thence run South 89o3~36" West along the
'South ·line of the Southeast quarter of the said Section 19 for a distance of
100,00 feet: thence run North 00°q2'Sq" West parallel with tho East line of the
Southeast quarter of the said Section 19 for e distance, of 100,00 feet tc~ a
petal on the Nurtl~ert¥ llne o[ a' 100.00 foot County Canal easement and the
POIN.T OF BEGINNING of the parcel of land herein described: thence continue
or es parallel with the East llne of the Southeast quarter of
'the .sold Section 19 for e distance of 1,2q3.75 feet= thence run South
· 89°17'06" West for · distance of q50.00 feet: thence run North qSoq5'00~ West
· '-'for'a'dlstance of 200.00 feet= . thence run Horth. 28°38~00' West (or a distance
· of 321.01 feet; thence run Horth 76~55s38" West for a distance of $qq.92 feet
~.o tho Hortheastorly corner of e. dratnage easement recorded In Official Record
Book 365 at Page qlq of the Public Records of Colllet~ Courity, Florida; thence
run South 01o37~19. East along the Easterly line o1' said drainage easement for.
a distance' of qq2.73 feet. to the beginning of a tangential circular curve
'concave to tl~e East; thence r. un Southerly along the arc o1' said curve to the
left, s~me 'being the Easterly line of said dralnag& eased'eat, having a F~dlus
of 2,6'50.79 feet through a centra~ angle of 10°32'0B", subtended by a chord
of ttGG.7~ feet at a bearing o1' South 00°53'2~" East, for o distance of qsT.q3
.feel. to the end of said curve; thence ru~ South 12o09~27" East along the
Easterly line of the said drainage easement for a' distance of 675.77 feet~
thence run 'SoUth qS~qg'~0" East along the Easterly line of the said drainage
easement for a distance of 279.07 feet to a polar on the Northerly line of a
100.00 foot County Canal easement: the~lce run North 89e34~30, East along the
N~tharly line o[ the said 100.00 foot County Canal easement for a distance of
873.61 feet to tho POINT OF OEGtNNING.
conta|nlng 39.90 ac'res, more or tess.
Subject' to easements, reservations or restrictions of record.
Less and except£ng that portion of the above-described preta£ses
located wi. thi, n the plat of #orthbrooke DrLve, according to the plat
thereof recorded in Plat Book 24, Paqes 90 through 92, £nclusLve, o~
the Publkc Records of Collier County, Florida.
o ~ ~
Z
F'"
Nq)Lec, FL 33944)
Affidavit of PubLteatfofl
12B-1
BOARD OF COUNTY CC~INLSSIONERS
ATTN: IL~HCY SALOGU~
PO BOX A1~015
HAPLES FL 34101-~016
REFERENCE: 001Z~O 70001 ~
NOTICE OF LHTEKT TO
State of FLort~
County oS' CoLLier
Before the ~rsi~ ~rtty, ~r~L~y
as t~ A*stSt~t
In Collier ~ty,
~ of t~ ~ertt~1~
A(fl~t ~urt~r
CoLLIer ~ty,
~r ~i ~retofore
~Li~ In
Ntter at t~ ~t office In ~L~, tn Mid
CoLLier ~ty,
Ittlc~ ~ of ~ert~t; ~ Iff~t
further ~c thet ~he h~e rwtther petd nor
p~t~ ~ ~r~, fl~ or ~att~ ~ ~ ~ ~ ~ ~
dis~t, ~te, ~f~st~ or rtf~ for t~ ~,_~ 4~ ~ ~
~e of m~rt~ this ~ts~t f~ ~, ~ ~ ~
~tt~tt~ tn t~ ~td ~r.
AD SPACE: ~.~ INCH
~fore
ORDINANCE NO. 97- 36
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 MAPS NUMBER
8619S and 8619N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS CYPRESS WOODS
GOLF & COUNTRY CLUB FOR A MIXED RESIDENTIAL AND
GOLF COURSE MASTER PLANNED COMMUNITY FOR PROPERTY
LOCATED NORTH OF IMMOKALEE ROAD AND IMMEDIATELY
CONTIGUOUS THE EAST SIDE OF INTERSTATE HIGHWAY 75
IN THE EAST PORTION OF IN SECTIONS 18 AND 19,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 283 ACRES, MORE OR LESS ;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bill Hoover of Hoover Planning Shoppe, representing
Northbrooke Development, Ltd., Bonita Grande Hotel Corporation
and Land Trust 5405, Richard K. Bennett, 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 Sections 18 and 19, Township 48 South, Range
26 East, Collier County, Florida, is changed from "A" Rural
Agricultural to "PUD" Planned Unit Development in accordance with
the Cypress Woods Golf & Country Club PUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Maps Number 8619S and 8619N , as described
in Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
SECTION TWO:
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~,~_~,
,' - .~%'~.TE~T :' . '
AND LEGAL SUFFICIENCY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
ASSISTANT COUNTY ATTORNEY
f/PUD-97-8 ORDX NANCE/
-2-
12B 1
C~YPRESS WOODS GOLF
AND COUNTRY CLUB PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
NORTHBROOKE DEVELOPMENT, LTD.
BONITA GRANDE HOTEL CORPORATION AS GENERAL PARTNER
FRANK W. COOPER, VICE PRESIDENT
4158 LORRAINE AVENUE
NAPLES, FLORIDA 34104
PREPARED BY:
WiLUAM L HOOVER, AICP
HOOVER PLANNING SHOPPE
5051 CASTELLO DRIVE, SUITE 220
NAPLES, FLORIDA 34103
AND
GEOFFREY G. PURSE, P.E.
PURSE ASSOCIATES, INC.
4450 BONITA BEACH ROAD, UNIT 9
BONITA SPRINGS, FLORIDA 34134
DATE FILED ~
DATE REVISED ~
DATE REVIEWED BY CCPC ~
DATE APPROVED BY BCC ~
ORDINANCE NUMBER 97-36
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPL~NCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN
SECTION V PRESERVE AREAS PLAN
SECTION V! DEVELOPMENT COMMITMENTS
i
ii
1
3
6
10
14
16
17
12B 1
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
LIST OF EXHIBITS
PUD MASTER PLAN (ENTIRE AREA)
PUD MASTER PLAN (SOUTH HALF ONLY)
PUD MASTER PLAN (NORTH HALF ONLY)
PUD CONCEPTUAL WATER MANAGEMENT PLAN
LEGAL DESCRIPTION
DETAIL OF ROADWAY WITHIN PLATTED AREA OF PUD
128 1
STATEMENT OF COMPLIANCE
The development of approximately 285+ acres of property in Collier County, as a
Planned Unit Development to be known as Cypress Woods Golf and Country Club PUD
will be in compliance with the planning goals and objectives of Collier County as set forth
in the Collier County Growth Management Plan. The residential and golf course
facilities of the Cypress Woods Golf and Country Club PUD will be consistent with the
growth policies, land development regulations, and applicable comprehensive planning
objectives for the following reasons:
The subject property is within the Urban Residential Mixed Use District Land Use
Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The approximate southern 108 acres of the project is located within the
Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846)
Interchange Activity Center, as described within the Density Rating System of the
Future Land Use Element.
The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The projected density of 2.80 dwelling units per acre is in compliance with the
Future Land Use Element of the Growth Management Plan based on the
following relationships to required criteria:
!
Base Density 4 dwelling units/acre
Activity Center Density Band + ' '
Maximum Permitted Density 7 dwelling units/acre
108
7 units/acre -756 units 3.46 units/acre -374 units
· x' '
Base Density Ii '
Maximum Permitted Density 4 dwelling units/acre
177
4 units/acre -708 units 2.40 units/acm -425 units
R r in ir '
285 5.15 units/acm-1464 units 2.80 units/acre -799 units
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
12B 1'
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Cypress Woods Golf and Country Club
PUD.
12 A D IPT
The subject property being 285-J: acres, and located in Sections 18 and 19,
Township 48 South, and Range 26 East, is described as:
1.3 P P TY HIP
The subject property is owned by:
Land Trust 5405
Richard K. Bennett, Trustee
865 Fifth Avenue South
Naples, Florida 34102
The property is under contract to purchase by:
Northbrooke Development, Ltd.
Bonita Grande Hotel Corporation as General Partner
Frank W. Cooper, Vice President
4158 Lorraine Avenue
Naples, Florida 34104
1.4 N T
A. The subject property is adjacent to and east of the Interstate 75 right-of-
way, and fronts along Northbrooke Drive, (unincorporated Collier County),
Florida. It extends from 114 mile north of Immokalee Road to 2 miles north
of Immokalee Road.
B. The entire project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
3
12B 1
1.5 YIA I
The project site is located within the Cocohatchee River Canal Drainage Basin
according to the Collier County Drainage Atlas. Stormwater runoff from the site
shall be muted to discharge into the Immokalee Road Canal.
Natural ground elevation is approximately' 12 to 13 NGVD with the entire site
located within FEMA Flood Zone 'X' with no base flood elevation specified.
The water management system shall consist of a sedes of lakes and drainage
pipes that will convey the water from the north end of the project to the
Immokalee Road Canal as it goes under Interstate 75. The existing Cypress
heads will be isolated from the water management system because of excess
water draining into them from Interstate 75. A perimeter berm set at the 25 year
stage shall be placed around the Cypress heads and boundaries of the project
will ensure that no off-site water enters the project. The berming of the off-site
flows will in no way effect the drainage of the offsite areas.
Per Collier County Soil Legend, dated January 1990, there are 6 types of soil
found within the limits of the property:
~2 Holopaw Fine Sand, Limestone Substratum
#11 Hallandale Fine Sand
#21 Boca Fine Sand
~Y23 Holopaw and Okeelanta Soils Depressional
~25 Boca, Riviera, Limestone Substratum and Copeland Fine Sand
Depressional
~27 Holopaw Fine Sand
The site vegetation consists mainly of:. Slash Pine, Cabbage Palm, Cypress,
Palmetto, pasture grasses, and Cat-tails within the shallower areas of the borrow
pits. The site has been heavily invaded by exotics (i.e. Melaleuca and Brazilian
Pepper).
The Cypress Woods Golf and Country Club PUD is an 18-hole, private golf
course community composed of a maximum of 799 residential units. The project
is projected to be completed in three (3) key phases, which are described as:
Phase I (between late 1997 - 1999), Phase II (between 1999 - 2001), and Phase
III (between 2001 - 2003). These residential units are projected to be developed
for up to 99 single-family homes and 700 condominiums. The condominium units
are projected to be: coach homes, carriage homes, garden apartments, and two-
4
family units. Residential land uses, recreational uses, and signage are designed
to be harmonious with one another in a natural setting by using common
architecture, quality screening/buffering, and native vegetation, whenever
feasible.
This Ordinance shall be known and cited as the "Cypress Woods Golf and
Country Club Planned Unit Development Ordinance".
12[ 1
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the project, as well as other project
relationships.
Ao
Regulations for development of the Cypress Woods Golf and Country Club
PUD shall be in accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable sections and parts
of the Collier County Land Development Code and Growth Management
Plan in effect at the time of issuance of any development order to which
said regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards then the
provisions of the most similar district in the Land Development Code shall
apply.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
All conditions imposed and graphic matedal presented depicting
restrictions for the development of the Cypress Woods Golf and Country
Club PUD shall become part of the regulations which govern the manner in
which the PUD site may be developed.
Unless specifically waived through any vadance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, {:)r building permit issuance applicable to this development.
128 I
2.3 RI I N
A maximum of 799 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 285:t: acres. The gross project density shall
be a maximum of 2.80 units per acre.
2.4 P
Ao
The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to the
issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructurel
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 I II
In conjunction with the promotion of the development, residential units may
be designated as models. Such model units shall be governed by Section
2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on the site
after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of
the Land Development Code.
2.6 P F -
The excavation of earthen matedal and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply with the definition of a 'Development
Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code,
7
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
2.7 FF T P
As required by Division 2.3 of the Land Development Code in effect at the time of
building permit application.
2.8 PEN PA T HABI P A IR M N
A minimum of sixty (60) percent open space, as described in Section 2.6.32 of
the Land Development Code, shall be provided on-site.
2.9 LAND APIN A F N R IR M
Where roads internal to the PUD are parallel to Northbrooke Drive or
vehicular use areas abut Northbrooke Drive, a fifteen (15) foot wide buffer
(may be reduced to ten feet in width for areas adjacent to vehicular tum-
arounds) shall be located between the internal paved area and
Northbrooke Drive. Such fifteen (15) foot buffer shall have trees at a
minimum of 25 foot on-center and a single hedge row. Such trees and
shrubs shall meet the standards for plantings, as described within Section
2.4.4 Plant Material Standards and Installation Standards, of the Land
Development Code.
Where different types of residential units or land uses within the PUD abut
each other, buffedng and screening between them shall not be necessary,
due to the unified architectural theme throughout the entire PUD, as
described within Section 3.4E. of this PUD Document.
A berm, berm/wall combination, or berm/fence combination may be
provided, at the option of the developer, adjacent to the Interstate 75 right-
of-way. Any berm, berm/wall combination, or berm-fence combination
shall have a height up to eight (8) feet above the nearest northbound travel
lane of Interstate 75. The Development Services Director may
administratively permit a slope steeper than 4:1 along such berm where
such slope will still meet sound engineering and landscaping principles.
A berm, berm/wall combination, or berm/fence combination may be
provided, at the option of the developer, adjacent to the northern boundary
of the Northbrooke Plaza PUD. Any berm, berm/wall combination, or
12B 1
2.10
2.11
berm-fence combination shall have a height up to eight (8) feet above its
existing grade. The Development Services Director may administratively
permit a slope steeper than 4:1 along such berm where such slope will still
meet sound engineering and landscaping principles.
AR HIT T RA TAN AR
All buildings, lighting, signage, landscaping and visible architectural infrastructure
shall be architecturally and aesthetically unified. Said unified architectural theme
shall include: a similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be erected on all of the
subject parcels. At the time of Site Development Plan approval, the applicant
shall demonstrate such unified architectural theme.
Signs shall be permitted as described within Division 2.5 of the Collier County
Land Development Code, exclusive of the following instances.
A ground sign shall be permitted along the western PUD boundary. Such
sign shall contain only the name of the entire 285±-acre PUD project and
shall be architecturally compatible with the unified architectural theme of
the PUD, as described in Section 3.4E. of this PUD Document. Exclusive
of landscaping, such ground sign shall not exceed an area of sixty-four
(64) square feet.
Two (2) ground or wall signs shall be permitted at the southern entrance to
the entire PUD, located along Northbrooke Ddve. Such signs shall contain
only the name of the entire 285±-acre PUD project, names of individual
communities within the PUD project, insignia or mottos of the
development, and shall be architecturally compatible with the unified
architectural theme of the entire PUD (as described in Section 3.4E. of this
PUD Document). Each ground or wall sign shall not exceed an area of
sixty-four (64) square feet, and shall not exceed the height or length of the
wall upon which it is located.
Co
Two (2) ground or wall signs shall be permitted at each entrance off of
Northbrooke Ddve. Such signs shall contain only the name of the entire
285±-acre PUD project, names of individual communities within the PUD
project, insignia or mottos of the development, and shall be architecturally
compatible with the unified architectural theme of the entire PUD (as
described in Section 3.4E. of this PUD Document). Each ground or wall
sign shall not exceed an area of sixty-four (64) square feet, and shall not
exceed the height or length of the wall upon which it is located.
9
SECTION I!1
RESIDENT]AL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
3.2
The maximum number of residential dwelling units within the PUD shall be 799
units.
3.3 ~
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. P rmi Pti ' I ·
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
Multi-family dwellings (includes townhouses, garden apartments,
coach homes, and carriage homes).
Any other use comparable in nature and deemed compatible by the
Development Services Director.
B. P i A - r '
1. Customary accessory uses and structures associated with the
permitted principal uses including carports, garages, and utility
buildings.
Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, golf
courses, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
10
12B 1
4. Gatehouse and/or entrance gate features.
Essential services, including interim and permanent utility and
maintenance facilities.
6. Water management facilities.
3.4 PM N TAN A
Ao
Table
within
Table
I sets forth the development standards for residential land uses
the Cypress Woods Golf and Country Club. Front yard setbacks in
I shall be measured as follows:
If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
It the parcel is served by a non-platted private drive, setback is
measured from the edge of pavement. If the parcel is served by a
platted private drive, setback is measured from the road easement
or property line.
(a) Carports are permitted within parking areas.
(b)
Garages are permitted at the edge of vehicular pavement,
which provides access to a designated parking space.
ii
].2B 1_
TABLE I
· ' ' 6,000 Sq. Ft. 5,000 Sq. Ft.
Inter,or Lots 50 Ft. 80 Ft. (40 Ft.) (1)
Comer Lots 60 Ft. 100 FL (50 Ft.) (1)
MairVPdncipal 20 Ft. 20 Ft.
Accessory 20 Ft, 20 Ft.
Architectural Theme/Unified Plan (2) (2)
Main/Principal
1 Story 5 Ft. or0& 10 FL (3) 5 Ft. or 0& 7.5 Ft. (3)
2 Story 7.5 FL or 0 & 15 FL (3) 7.5 FL or 0 & 10 FL (3)
3 Story NA NA
Accessory NA NA
Architectural Theme/Unified Plan (2) (2)
Main/Principal 20 Ft. 20 Ft.
Accessory 10' Ft. 10 FL
Archi'~ctural Theme/Unified Plan (2) (2)
Main/Pdndpal
1 Story 10 Ft. 10 Fl.
2 Story 15 Ft. 15 Ft.
3 Story NA NA
Accessory 10 Ft. 10 FL
Architectural Theme/Unified Plan (2) (2)
Lake (4) 20 Ft. 20 Ft.
Presm've 25 Ft. 25 Ft.
Parking Lots NA NA
Principal Building 35 Ft. & 2 stories 35 FL & 2 stodes
Accessory Building 20 Ft. 20 Ft.
~3/J~9_~fu~[P~ 1200 Sq. Ft. 1100 Sq. Ft.
NA
NA
25 Ft.
15 Ft.
(2)
10 Ft. or 1/2 BH
12.5 Fl. or I/2 BH
15 FL or 1/2 BH
15 FL or 1/2 BH
(2)
20 Ft.
10 Ft.
(2)
15 FL or 1/2 SBH
20 FL or 1/2 SBH
25 Ft. or 1/2 SBH
(see Exhibit 'A')
(2)
20Ft.
25 Ft.
(5)
38 Ft. & 3 stories
20 Ft,
1 bedroom = 850 Sq. Ft.
2 Bedroom = 1000 Sq. FL
3 Bed-room = 1100 Sq. Ft,
12
12B 1
(1)
Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2
family structure is on an individually platted lot.
(2)
Reduced development standards may be approved for Architectural Theme
Unified Plan projects provided a Site Development Plan is approved pursuant to
Division 3.3 of the LDC. Projects must demonstrate unique characteristics to
justify application of reduced standards.
(3)
In the case of buildings employing a zero (0) yard setback, the opposite interior
lot line shall provide 7.5 to 15 feet of setback. Additionally projects employing a
zero (0) lot line development shall submit a plan of all of the lots in the project
identifying building envelope locations to Customer Services prior to the issuance
of the first building permit for a zero (0) lot line dwelling unit.
(4) Lake setbacks are measured from the control elevation established for the lake.
(5)
Off street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which serve more than
one development. A green space area of not less than ten (10) feet in width as
measured from pavement edge shall separate any parking aisle or driveway from
any abutting road.
Three (3) story buildings shall be setback a minimum of three hundred (300) feet
from the western boundary line of Quail Creek.
13
128
4.1
4.2
SEC'nON IV
GOLF COURSE/RECREATIONAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Golf Course/Recreational Areas as shown on Exhibit "A", PUD Master Plan.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. i ~ I ·
1. Golf Course.
2. Community center/clubhouse.
3. Golf course maintenance building and golf cart storage.
4. Golf course concession building, rest areas and restrooms.
5. Water management facilities and essential services.
6. Open space recreational activities and uses.
7. Any other use comparable in nature and deemed compatible by the
Development Services Director.
B. P rmi ·
1. Customary accessory uses and structures associated with the
principal uses of this district.
2. Pro shops, golf equipment retail sales, and golf course management
offices.
3. Putting greens and aqua range.
4. Swimming pools, tennis courts, shuffleboard court, basketball court,
health club, and spa.
14
12B 1'
Offices for managing the clubhouse, community center, and the
leasing of residential units within the PUD while the homeowners
are out of town.
o
Restaurants and cocktail lounges intended to serve club members
and guests of club members/country club.
Interim mai estate office exclusively for the initial sale of the
residential units and golf course memberships within the PUD.
4,3 M T A A
Table II sets forth the development standards for golf course/recreational
land uses within the Cypress Woods C-.-.-.-.-.-.-.-.-~E and Country Club.
TABLE II
FC
Principal Structure 10 Ft.
Accessory Structure 10 Ft
P n 20 Ft.
J~ 20 FL
N IH' rv
Principal Structure 25 Ft.
Accessory Structure 15 Ft.
Principal Structures 10 Ft.
Accessory Structures 5 Ft.
Principal Structure and Accessory
Structure 10 Ft.
Principal Building
Accessory Building
45 Ft. & 2 stories
20 Ft.
10 Ft
10 Ft.
20 Ft.
20 Ft.
25 Ft.
15 Ft.
10Ft.
5 Ft.
10 FL
30 Ft. & 1 story
20 Ft.
15
5.1
5.2
SECTION V
PRESERVE AREAS PLAN
The purpose of this Section ia to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan,
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
1. Passive recreational areas including recreational shelters.
2. Biking, hiking, and nature trails, and boardwalks.
3. Golf cart pathways and boardwalks.
4. Water management facilities and essential services.
5. Native preserves and wildlife sanctuaries.
6. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
7. Any other use comparable in nature and deemed compatible by the
Development Services Director.
16
12B 1'
SECTION VI
DEVELOPMENT COMMITMENTS
6.1
6.2
The purpose of this Section is to set forth the commitments for the development
of this project.
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of Final Plat, Final Site
Development Plan approval or building permit application as the case may be.
Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
6.3 ~
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
17
6.4 ~
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal.
Ao
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. ~ An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
6.5 IEJ:J_(~_~_.[~J.~G
This project shall be required to meet all County Ordinances in effect at the
time final construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
6.6 W T
6.7
Ao
A copy of the South Flodda Water Management District (SFWMD) Surface
Water Permit shall be submitted prior to Final Site Development Plan
Approval.
An Excavation Permit will be required 'for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD rules.
Water distribution, sewage collection and transmission and intedm water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and regula:ions.
18
12B 1
6.8
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the
course of site clearing, excavation or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
8.9 ~
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal of
exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
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
Flodda Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as per
Section 704.06 of the Florida Statutes.
Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Review Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Review Staff for
review and approval prior to Final Site Development Plan/Construction
Plan approval.
19
128 1'
6.10
A minimum of twenty-five (25) percent of the existing viable naturally
functioning native vegetation on-site shall be retained, as required in
Section 3.9.5.5.3 of the Collier County Land Development Code. (In
essence, a minimum of 45.02 acres of native vegetation, in all three (3)
strata, shall be retained on-site.)
Golf cart crossings may be permitted across the Northbrooke Ddve right-
of-way subject to review and approval by the Transportation Services
Department Director or his assignee.
Golf cart paths may be permitted within the westedy ten (10) feet of the
Northbrooke Ddve right-of-way subject to review and approval of the
Transportation Services Department Director or his assignee. Such golf
cart paths may be relocated adjacent to the Preserve Areas subject to
review and approval of the Transportation Services Department Director or
his assignee.
The developer may be permitted to landscape the Northbrooke Ddve right-
of-way subject to review and approval of the Transportation Services
Department Director or his assignee and subject to the issuance of a Work
Within the Right-of-Way Permit, issued by the Development Services
Division. All maintenance for permitted landscaping shall be the sole
responsibility of the developer, his successors or assigns. The County
reserves the dght to require modification or removal of the landscaping, if
in the opinion of the County, a safety or operational problem is determined
to exist.
The developer may be permitted to replace portions of the existing
pavement of Northbrooke Drive with paver blocks or similar materials
subject to review and approval of the Transportation Services Department
Director or his assignee and subject to the issuance of a Work Within the
Right-of-Way Permit, issued by the Development Services Division. All
maintenance for permitted paver blocks or other permitted roadway
treatment shall be the sole responsibility of the developer, his successors
or assigns. The County reserves the dght to require modification or
removal of the roadway treatment if, in the opinion of the County, a safety
or operational problem is determined to exist.
Within the areas to be platted within the PUD, the forty-eight (48) foot wide
right-of-way is permitted as shown on Exhibit 'F'.
20
12B 1'
The applicant shall be responsible for the installation of artedal level street
lighting at all project entrances prior to the issuance of any certificate of
occupancy for a building accessed from a project entrance.
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
Access to Northbrcoke Drive shall be permitted at those access points
shown on the PUD Master Plan. Location of the individual access points
shall conform as nearly as practical to the locations shown on the PUD
Master Plan. Any revised or additional access points shall meet Collier
County access standards, as described in Section 3.2.8.4.1 of the Collier
County Land Development Code.
The petitioner acknowledges that Northbrooke Drive is a public collector
roadway and serves properties other than the subject PUD. As such,
nothing in any development order shall vest any right in the developer of
this project to control, limit or otherwise hinder the free flow of traffic,
including service and emergency vehicles, at any time, including during the
construction periods of the project. Any work performed within the right-of-
way shall be subject to a permit from the County. Any such work shall also
be required to have a Maintenance of Traffic Plan submitted for review by
both the Development Services Division and the Transportation Services
Department.
Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
If deemed necessary by the Transportation Services Department, turn
lanes in conjunction with the project access points along Northbrooke
Drive, where such access points are internal to the PUD project, shall be
installed by the developer, his successors or assigns, when requested by
Collier County. Any such turn lanes shall be deemed site-related and shall
not be eligible for road impact fee credits.
The development may be phased to accommodate the projected roadway
deficiencies as set forth in the Traffic Impact Statement. The developer
may provide additional facilities to permit an accelerated development
schedule. If it is determined that any such additional facilities are eligible
for road impact fee credits, such credits shall be the subject of a Developer
Contribution Agreement in accordance with Ordinance 92-22, as amended.
21
12B 1'
The project is estimated to be constructed as shown on the following
phasing schedule:
Phase I 112 multi-family dwellings 724 AA, DT*
(Through 1999) 20 single-family dwellings ~
915 AADT·
Phase II 400 multi-family dwellings 2,116 AADT
(Through 2001 ) 60 single-family dwellings 73~
2,689 AADT
Phase III 700 multi-family dwellings 3,406 AADT
(Through 2003) 99 single-family dwellings ~
4,351 AADT
*Mixture may be adjusted as long as AADT does not exceed 915.
If Immokalee Road, between Interstate 75 and C.R. 951, is deficient
regarding Adequate Public Facilities, the project shall not proceed beyond
Phase I regarding the issuance of building permits until such roadway
segment is designated to be improved within the first three (3) fiscal years
of an effective Capital Improvement Element or another agreement
regarding construction of the necessar7 improvements has been found
acceptable by the Development Services Director or the Board of County
Commissioners.
12B
1
12B 1
............. '12B
12B 1
EXI{IBIT "~"
All of those portions of Sections 18 and 19, Township 48
South, Range 26 East, Collier County, Florida, located
east of the 1-75 right-of-way, less and excepting those
portions thereo! known as Northbrooke Drive, according to
the plat thereof recorded in Plat Book 24, Pages 90
through 92, inc:lusive, of the Public Records of Collier
County, Florida~ and further less and excepting the
commercial property described on Exhibit "C" attached
hereto.
12B I
I{O'[:E, I~ONTES AHD Al)SOC.. I[IC.
CONSULTING EtIGINEEn,~ -- I'LAHHErII) -- LANLI ~,Ui'lVEYOrlfi
lIMA File No.'88.102
116189
19.9 Acre Parcel ('Prulect nrea)
.A:.parcel of land Iocnted in the Southeast quarter of Section t9, Township. q8
Southo'.Ran~e '20 F.~st, Collier. County, Florida, being more .particularly
· described as follows: "'
~Commence'at the SouUleast corner of Section lg, Township el) South, Range
26.East, Collier County, Florida, thence run South I)go3q'3G" West along the
'South Uno of the Southeast quarter of the said Section ii) [or a distance of
100,00 feet: thence run North 00°q2'sq'' West parallel wlth tho East line of the
Southeast. quarter of tho said Section 19 for a distance of 100.00 feet to a
point on the Nurtherly line of e' 100.00 foot County Canal easement and the
POINT OF BEGIHNING of the parcel of land herein described; thence contlnue
or q esl. parallel with the East line of the Southeast quarter of
the sald Section 19 for a distance of 1,2q3.75 feet; thence run South
89017'06" West for a distance of qS0.O0 feet; thence run North qseq5'00, West
for'a'dlstance of 200.00 feet; . thence run North'28o]B'O0" West ('or a distance
of 3'21,01 feet; thence run North 78055'38" West for a distance of Seq.92 feet
to the Northeasterly corner of a. dralnage easement recorded in Official Record
B~'ok 365 at Page qiq of the Public Records of Collier County, Florida; thence
run South 01o37'19" East along tile Easterly line of said drainage easement for
a distance of qq2.73 feet to the beginning.of a tangential circular curve
concave to the East; thence run Suutherly along the arc of said curve to the
left, same qoelng the Easterly line of said dralnag~ eas6~'T~ent, having a t:~dlus
of 2,650.79 feet through n central anglo of 10°32'0B'', subtended by a chord
of qBG.Tq feet at e bearing o[ South 00°53'2Y' East, for a distance of qB7.q3
.feet to the end of ~ald curve; thence run South 12009'27" East along the
Easterly tine of the sold drainage easement for a distance of 675.77 feet;
thence run 'South qBoqg',0" East along tho Easterly line of the said drainage
easement for e distance of 279.07 feet to a polnt on tile Northerly line of a
tO0.OO foot County Canal casement; thence run North 89o3q'30,, East along the
H~/therly line of the said 100.00 foot County Canal easement for a distance of
873.61 feet to tho POINT OF BEGINNING.
Containing 39.90 acres, more or less.
Subject' to easements, reservations or restrictions of record.
L~.~ss and excepting that portion o! the above-described premises
l~cated withfn the plat of Northbrooke Drive, according to the plat
thereof recorded Ln Plat Book 24, Pages 90 through g2, inclusfve, of
the PublLc Recordn of Collier County, Florida.
12B
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 true copy of:
ORDINANCE NO. 97-36
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HKARING$
To: ~ ~ t~ ~: P~ place the fol~InI u a:
~ No~ le~ A~ment ~ ~r:
~ A~., I~do~ ~c.)
12B-2
Pctitlonec. (Name & Add.ss): ' ' '
Name & Addv~ of any person(s) to be notified by Clerk's Office: (If rnor~ ~ is needed, attach separate ra~eei) 06 n rW N I Fid 409
Hearing befotr~OO~--Bcc~..,h .BZA
Requested Hearing date:'" ~~~~L~~'It- Based on adve~isement appearing 10 day~. befor~ hearing.
N,~vspeper(s) to be used: (Compile only fi'important):
XXX Napl~ Daily News Other
P~ Text: (Inclmte legal description & common location & Si-,': ~ - 7 '
~; 6 '11 n ' n I V' '
Companion pelition(s), if any & proposed hearing date:
Does Pc~.ifion Fee include advertising cost? [~es [] No It Ye~ what account should be charged for advertising
Division Head Date County Manager Date
List AttachmenL~:
DITRIE TI IN TR N
A. For beartnp before BCC or BZA: Initiating pet'sou to complete one coy and obtain Division Head approval befor~
mbmitting to County Manager. Note: If ~ document is Involved, be sure that any nece~ary ~ review, or reque~
for same, is submitted to County Attorney before submitting to County Manager. The Manager's offke will distribute
copiea:
[] County Manager agenda file: to [] Requesting Division [] OrtginM
Ckrk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
12B-Z
~:~8Cg~15
July 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to consider Ordinance
Dear Judi:
Please advertise the above referenced notice one time on Friday, August
15, 1997 and send the Affidavit of Publication, in duplicate, together
with charges involved to this office.
Sincerely,
Sue 3arbiretti, Deputy Clerk
Encl.
P.O. No. 704259
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY AUGUST 26 _~997 in
the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 9502N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM 'A" AGRICULTURE TO "PUD' PLANNED UNIT DEXrELOPM~lgT
KNOWN AS MARKER LAKE VILLAS FOR 36 VILLAS AND A
RECREATIONAL POOL AREA, LOCATED ON VANDERBILT BEACH ROAD
EXTENSION IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 12.06 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
Petition PUD-97-4, Blair A. Foley, P.E., of Coastal
Engineering Consultants, Inc., representing Eugene Thrushman
requesting a rezone for property described above.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
July 17, 1997
Blair A. Foley, P.E.
Coastal Engineering Consultants,
3106 South Horseshoe Drive
Naples, FL 34104
Inc.
RE: Notice of Public Hearing to consider Petition PUD-97-4
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
15, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Eugene Thrushman
12B-2
July 17, 1997
Eugene Thrushman
2063 Trade Center Way
Naples, FL 34109
RE: Notice of Public Hearing to consider Petition PUD-97-4
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Co~issioners on Tuesday, August 26, 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
15, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Blair A. Foley
ORDINANCE NO. 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 NUMBER
9502N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS MARKER LAKE VILLAS FOR 36 VILLAS AND A
RECREATIONAL POOL AREA, LOCATED ON VANDERBILT
BEACH ROAD EXTENSION IN SECTION 2, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 12.06 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Blair A. Foley, P.E., of Coastal Engineering
Consultants, Inc., representing Eugene Thrushman, petitioned the
Board of County Commissioners to change the zoning classificatio:
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 2, Township 49 South, Range 25 East,
Collier County, Florida, is changed from "A" Agriculture to "PUD'
Planned Unit Development in accordance with the Marker Lake
Villas PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 9502N, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
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
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRM~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
MARJ(I~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-97-4 ORDINM4CZ/
-2-
12 -2
MARKER LAKE VILLAS
PLANNED UNIT DEVELOPMENT
REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF
MARKER LAKE V/LLAS,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROV/SIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
MARKER LAKE VILLAS, INC.
11216 TAMIAMI TRAIL NORTH, SUITE 341
NAPLES, FL 34110
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
3106 $. HORSESHOE DRrVE
NAPLES, FL 34104
CEC FILE NO. 96.403
March 25, lg97
Revised May 16, 1997
ORDINANCE NUMBER:_......_._
12b-
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
EXHIBIT "A"
PROPERTY OWNERSHIP & DESCRIPTION ................... 2
PROJECT DEVELOPMENT
RESIDENTIAL TRACTS: D, F, H & J
OPEN SPACE/RECREATION AREA TRACTS: C, E, G, I & K ....... 8
DEVELOPMENT COMMITMENTS
PUD MASTER PLAN
2B-2
STATEMENT OF COMPLIANCE
The development of approximately 12.06 acres of property in Collier County, as a Planned
Unit Development known as Marker Lake viltas is in compliance with the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan. The
residential, recreational, and other development authorized herein wifl be consistent with
the growth policies, land development regulations and applicabla comprehensive planning
objectives of each of ltm elements of the Growth Marmgement Plan in effect at the time
of approval by ~ Colr~or County Board of County Commissioners for the following
masons:
1. The subject property is within the Urban Residential land use designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element.
2. The subject property's location in relation to existing or proposed community
facilities and sen(ices permits the development's residential density as required
in Objective 2 of the Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use ElemenL
4. Future improvements are planned to be in compliance with all current and
applicable land development regulations as set forth in the Growth Management
Plan and amendments thereto.
The project development results in an efficient and economical extension of
community facil'E~es and services as required in Policies 3.1.H and L of the Future
Land Use Element.
The project development Incorporates a natural system for water management in
accordance with their natural ~unctions and capabilities as required by Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
Marker Lake villas is a proposed residential community, The maximum number
of dwelling units for the project will be 36 units, resulting In a gross density of 3
units per acre. The maximum density is 3.0 dweEng units per acta and is in
compliance with the Futura Land Use Element of the Growth Management Plan.
The project includes extensive open space In the form of a native vegetation
preserve to provide a high quality of life for its residents.
This Ordinance shall be known and cited as the Marker Lake Villas Planned Unit
Development Ordinance.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
1.3
The purpose of this Section Is to set forth the location and ownership of the
property, and to describe the existing conditions of the property being developed
under the project name of Marker Lake Vllias.
PR PERTY WN R HIP
The subject property is curmntiy under the ownership of Bishop John J. Nevins,
Diocese of Venice Florida, P.O. Box 2008, Venice, Florida 34284-2006,
A tract of land lying in Section 2, Township 49 South, Range 25 East;, Collier
County, Florida, being more particularly described as follows:
The West 1/2 0N1/2) of the Northeast Quarter (NEll4) of the Norl~wast Quarter
(NWl/4) of the Northeast Quarter (NEll4) of Section 2, Township 49 South,
Range 25 East, Collier County, Florida; and, the East 1/2 (E1/2) of the Northwest
Quarter (NWl/4) of the Northwest Quarter (NWll4) of the Northeast Quarter
(NEll4) of Section 2, Township 49 South, Range 25 East, Collier County, Flodda,
Six (6) Acres, More or Lass, Less and Excepting the South 30 Feet Thereof for
Road Right-of-Way Purposes.
1.4 N IP R
The project site contains 12.06 acres and is located in lands lying within Section
2, Township 49 South, Range 25 East, Collier County, Flora. The property is
bordered on the north by Pelican Marsh; on the south by Emerald Lakes; on the
east by vacant farm fields; and on the west by vacant farm fields.
1.5 PR J T RIPTI
Marker Lake Villas is a proposed residential community. The project will consist
of 36 villa units, and a recreational pool area.
The project entrance is on Vanderbllt Beach Road Extension and the internal road
system circles along the property boundary.
The maximum number of dwelling units for the project will be 36 units, resulting
in a gross density of 3 units per acre.
12B-2
SECTION II
PROJECT DEVELOPMENT
2,1
2.2
2.3
2.4
PURPOSE
The purIx)se of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinance~ and the respective
land uses of the tracts included in the project.
Regulations for development of Marker Lake Villas ahall be in accordance
with the contents of this document, PUD. Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and Collier County Growth Management Plan -
Conservation and Coastal Management Element in effect at l~e time of
local final development order or bu~ing permit application. V~"mm these
PUD regulations fail to provide developmental standards, then the
provisions of the most similar district in the Collier County Land
Development Code shall apply.
Unless othenvise noted, the definitions of all terms shaft be the same as
the definitions set forth in Collier County Land Development Code in
effect at the time of local final development order or building peri,it
application.
Co
The development permitted by the approval of this petition will be subject
to review under the applicable provisions in effect at the lime
development permits are requested.
D RIPTI N F TH P
The PUD Master Plan including layout of streets and uses of land for the various
tracts is illustrated graphically by the PUD Master Plan, Exhibit "A".
R PR T P N AP V IR NT
No mom than the maximum of 36 dwefling units shall be consl~'ucted in the total
project area.
The gross project area is 12.06 acres. The gnus project density, therefore, will
be a maximum of 3 units per acre.
2.5 R PR T P PP IR
Pdor to recording the Subdivision Plat, and/or approval of a Condominium Plat,
final plans shall receive approval of the appropriate Collier County governmental
agency to insure compliance with the PUD Master Plan, the Cotlier County Land
Development Code and the platting laws of the State of Florida.
12B-2
2.6
M DELH M AND A A I
Model homes/dry model home centers, sales centers and administrative ofrm, es
shall be permitted in conjunction with the promotion of the development pursuant
to provisions of the Collier County Land Development Code.
2.7 AMENDMENTS TO PUD DO MENT R PUD MA TER P N
2.8
2.9
Amendments may be made to the PUD as provided in the Collier County Land
Development Code.
A IATI N F PR P TY WN R F N AR
The land areas and recreation amenities whose ownership and maintenance
responsibility is a common interest to all subsequent purchasers of property within
said development in which the common Interest is located, the developer has
provided the appropriate legal Instruments for the establishment of a Master
Property Owners Association whose function Includes provisions for the perpetual
care and maintenance of lhose common facilities and open space. This
document is known as the "Master Declaration of Covenants, Condit~3ns and
Restrictions for Marker Lake Villas and is to be recorded in the Public Records of
Collier County.
REM VAL OF FIL MAT RIA
Off-site removal of project fill from the proposed lake is permitted under this
document. The developer shall not remove more than 20,000 CY of material
without a commemial excavation permit. Removal of up to 30,000 CY of material
shall be permitted under a development excavation.
12B-2
SECTION III
RESIDENTIAL TRACTS:
D, F, H, & J
The purpose of this Section ts to identify specific development standards for areas
designated on the PUD Master Plan as residential tracts.
3.2 M M D LIN NI
Tracts designated for residential uses shall be developed in accordance with the
standards set forth In the Collier County Land Development Code and the
development regulations established in this ordinance provided the total number
of dwelling units for the entire Marker Lake Villas PUD does not exceed 36.
3.3 ~
The type of principal use that characterizes the initial development of any platted
tract shall be carded throughout the development of that entire tract.
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Pflncipal Uses:
1. Single family dwellings, two family, duplex and multi-family.
B. Accesson/Uses:
Customary accessory uses and structures, Including carports,
garages, patios, pools, spas, decks, fences and other accessory
uses that are typically associated with similar principal uses per
the Land Development Code.
Recreational community facilities that serve as an integral part of
a residential tract and have been designated, reviewed and
approved on a site development plan or Preliminary Subdivision
Plat for that development. Recreational facilities may include, but
ara not limited to a pool building and swimming pool.
Small buildings, enclosures, or other structures constructed for
purposes of maintenance, service or shelter.
3.4 ~
PERMITTED USES AND TWO
STANDARDS FAMILY &
DUPLEX
SINGLE
FAMILY
ATTACHED &
TOWNHOUSE
MULTI-
FAMILY
DWELLING
Minimum Lot Area 3500 SF' 3000 SF 1 AC
Minimum Lot WSdth2 30 30 150
Front Yard 20 20 25
Front Yard for Side Entry 10 10 15
Garage
Side Yard 0 or 62 0 or .5 BH~ 0.5 BH
Rear Yard Principal 20 20 BH
Rear Yard Accessory 10 10 15
Rear Yard' 10 10 .5 BH
Maximum Building Height~ 35 35 35
Distance Between Principal 0 or 12 .5 SBH .5 SBH
Structures
Floor Area Min. (S.F.)
NOTE:
1200 SF 1200 SF 1000 SF
12B-2
Each half of a duplex unit mquim~ a lot ama allocation of 3,500 SF for · tota~ mlnknum Io~ ama of
12B-2
3.5
FF-STR PARKI N A I R IR M T
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
12B-2
4.1
SECT]ON IV
OPEN SPACE/RECREATION AREA TRACTS: C, E, G, I, & K
The purpose of this section is to set forth the development plan and development
standards for the areas designed as Tracts C, E, G, I & K, Open Space, on the
PUD Master Plan, Exhibit "A'. The primary function and purpose of these tracts
is to provide lake, open space, and recreational facilities. If any vegetation is
removed within Tracts C, E, G, I & K, It shall be provided elsewhere within the
PUD to maintain the required fifteen percent (15%) retained native vegetation.
4.2 USES PERMI'I-rED
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following;
A. Principal Uses:
1. Lakes, pool building, pool, and tennis courts.
2. Open Spaces/Nature Preserves (Conservation Area).
Small docks, boardwalks, or other such facilities constructed for
purposes of lake access.
Small buildings, enclosures or other structures constructed for
purpose of maintenance, storage, recreation or shelter with
appropriate screening and landscaping.
4.3 DEVEL PM NT R LA N
Overall site design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets and parking areas and
location and treatment of buffer areas.
Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 3.2 of the Land Development
Code.
Do
Minimum Off-Street Parking and Loading: As required by Division 2.3 of
the Land Development Code at time of building permit application.
Buildings shall be setback a minimum of 20' from abutting residential
tracts outside this Planned Unit Development, and the setback area shall
be appropriately landscaped and maintained as a buffer zone.
12B-2
6,1
6.2
6.3
SECTION V
DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the development commitments for the
development of Marker Lake Villas.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable state and local laws, codes, and
regulations applicable to this PUD tn effect at the time of local final development
order or building pen'nit application. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall
apply to this project even if the land within the PUD is not to be platted. The
developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are hereby placed on notice that
they are required to satisfy the requirements of all applicable County ordinances
or codes in effect prior to or concurrent with any subsequent development order
relating to this site. This includes, but is not limited to, Subdivision Master Plans,
Site Development Plans and any other application that will result tn the issuance
of final local development order or building permit.
PUD MASTER PLAN
A. Exhibit "A": The PUD Master Plan reflects the proposed site
improvements.
All necessary easements, dedications, or other instruments have been,
or shall be, granted to insure the continued operation and maintenance
of all service utilities and all common areas in the project.
6.4 ~
The development of this PUD Master Plan shall be subject to and governed by
the following conditions:
Arterial level street lighting shall be installed at the project entrance
before any certificates of occupancy are issued.
The project will be constrained to a right-in/right-out at the project
entrance. There may be a westbound left-In if the median opening
spacing meets the requirements of Resolution 92-422, the Collier County
Access Management Policy.
6.5
ACCE RY STR T RE
Accessory structures shall be constructed simultaneously with, or following the
construction of, the principal structure except as allowed In the Land Development
Code and for construction site office and related facilities such as Project
Administrative Offices and Project Sales Offices.
6.6 SIGNS
All signs shall be in accordance with Division 2.5 of the Collier County Land
Development Code.
5.7 ~
6.8
If gopher tortoise burrows (active, inactive and/or abandoned) are located on site,
they shall be indicated on the Site Development Plan or Preliminary Subdivision
Plat and field verified by Collier County Planning and Technical Services
Environmental Staff. Management plans and/or permits from Fiodda Game and
Fresh Water Fish Commission (if appropriate) shall be submitted to Planning and
Technical Services Environmental Staff for review and approval. Management
plans shall be in compliance with Section 3.11.3.1 of the Collier County Land
Development Code. Areas of retained native vegetation may serve as potential
gopher tortoise relocation areas, if applicable.
The applicant shall be required to remove all prohibited exotic vegetation on site
and to prevent the reinvasion of prohibited exotic vegetation by maintaining the
site exotic free in perpetuity.
This PUD shall commit to retention of 28,314 square feet (which is 15%) of
existing native vegetation on site in accordance with CCLDC Section 3.9.5.5.4..
If native vegetation cannot be accommodated, the same amount of area shall be
used on site to recreate a native plant community as described in Section
3.9.5.5.4..
UTILITIES
Water distribution, sewage collection and transmissio~ systems shall be
constructed throughout the project by the developer at no cost to ~
County and the State of Florida. Potable water and sanita~ se~er
facilities constructed within platted rights.of-way or within dedicated
County utility easements, required by the County, shall be conveyed to
the County for ownership, operation and maintenance pumuant to ~
County Ordinance No. 88-76, as amended and all Slate ar¢l Federal
regulations and adopted policies in effect at Itte time of ~ A~
potable water and sanitary sewer facilities cortatruc~d on ~ ~
and not required by the County to be located ~ Count~ ~
easements shall be owned, operated and maintained by Ihe develope~.
his assigns or successors. Upon completion of Ihe potable 'eater and
sanitary sewer within the project, the Pacilities shall be tested to ~
they meet Collier County's utility construction mquimmer~ in effect at ~
time construction plans are approved. The above tasks shall be
completed to the satisfaction of Engineering Review ~ prior to
placing the facilities, whether County owned or prfvately owned, into
10
service. Upon completion of the potable water and sanitary sewer
facilities and prior to the issuance of Certificates of Occupancy for
structures within the project, the utility facilities shall be conveyed to the
County, pursuant to Collier County Ordinance No. 88-76, as amended and
all regulations in effect at the time conveyance is requested.
All construction plans, technical specifications and pmposad plat, if
applicable, for the proposed potable water and sanitary sewe~ collectiofl
and transmission systems, whether County owned o~ privately owned
shall be reviewed and approved by Engineering Review Sen/K:as pdo~ to
commencement of construe.
All customers connecting to the potable water distribution system shall be
customers of the County and shall be billed by the County in accordance
with the County's established rate.
All potable water and sanitary sewer facilities in publicly owned rights-of.
way or within dedicated County util~ easements within the project's limits
shall make connection to the County's off-site potable systems and
sani'~ary sewer facilities including but not limited to the following:
1)
Main sewage lift station and properly sized force main
inter-connecting with the County utility easements
necessar7.
2)
Potable water distribution facilities from the point of
connection with the County's potable water facilities to a
point of the project's propert7 line.
3)
Construction and ownership of h'm pcXable water and
c. anitary sewe~ facir~des shall be in com~ with
Coltier County Ordinance No. 88-776, as amm'xled, al
Federal. State regulatkms which apply and rx-actX:as etc.
4)
and sanitary sewage coGaction and tmnsmissiofl systems
to sm'ye Itm pm~ec:t shal be submitted with the
~ documeflts. The repcxts shall fist all clesign
assumptJor~ demand rotes er~ all oO.~er fa~.s pedinent
to the system undm' co~s~.
5)
C~rt~l~at~ons of Oc~p~ncy for structures constructed
withln the project shall not be approved by Engineerin~
Review Services until fire flow tests have been conducted
on the project's potable water distribution system and the
results are found to be acceptable and approved.
11
128-2
In accon:tance with tbe rides of I~e South Ik:~ida Water Management
~ (SFWMD), ~ 40E4 and 40E-40, Mis project shall be
designed fo~ · sto~n event of a 3-day duration and 25-year return
fr~quencT.
An Excavation Permit will be required for the proposed lake in accordance
with Division 3.5 of the Collier County Land Development Code.
6.10
Design and construction of all improvements shall be subject to
compr~ance with the appropriate provisions of Ihe Coaier County Land
Development Code, Division 3.2.
Work within Collier County right-of-way shall meet the mquirernents of the
Collier County Right-of-Way Ordinance No. 82-91.
12
2B-2
Affidavit of Pubtt~t4ofl
4-.'
2e-z
BOARD OF COUNTY COfllqZSS[ON~RS
ATTN: NAtICY SALOGU~
PO BOX &1~016
NAPLES FL ~101-3016
REFEREHCE: 001230
575~721 NOTXCE OF ZNTENT TO
State of Florida
County of coLlter
Before the underatgned authority,
m~ar~ B. ~, ~ ~ ~th ~ys t~t she
Daily N~s, a ~t[y n~s~r ~lll~ at ~plel,
tn Collier C~nty, FLort~: t~t the attach~
copy of the ~vertJ~t~ was ~[tsh~ in satd
n~r ~ ~tem Lilt~
Affiant further ~y~ t~t the ~td ~ptel
N~B 18 i n~s~r ~lt~h~ mt ~pLe~, in ~td
CoL~er C~ty~ F:ort~ ~ t~t t~ latd
~s~r ~s heretofore ~
~ttlh~ tn satd CoLLier C~ty, FLort~, N~
Meter at the ~st office tn ~L~, In ~Jd
CoLLier C~ty, Ftori~, for a ~rJ~ of 1
next prec~t~ the first ~tt~tJ~ of t~
attach~ c~ of ~ertis~t; ~ affl~t
further ~ys t~t she ~a ~Jther ~td ~e
pr~ts~ any ~rs~, ft~ or c~ritJ~ any
dtsc~t, r~te, c~ts,t~ or ref~ ~or the
~r~se of ~ecurt~ this ~ertls~t for
~bLtcitt~ tn the satd
AD SPACE: 76.000 INCH
FZLED Off: 0~/15/97
Signature of Affiant
S~rn to a~ S~scrt~ ~fore N this
NOTI~ OF ~
TOCONMO6~ ~ I
Notice Is hereby given mat
TUI~OAY, AUGU~ ~ 1997, In the Becr~I
AN 'ORDINAN~ ~ ~D~
COUNTY LANO OEVELOPMENT
F~ T~ UNI~~
~ ~ ~, ~ BY
A~ ~ NU~R
T~N ~ ~ ~N
~E~~~A
2'
ORDINANCE NO. 97- 37
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 NUMBER
9502N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS MARKER LAKE VILLAS FOR 36 VILLAS AND A
RECREATIONAL POOL AREA, LOCATED ON VANDERBILT
BEACH ROAD EXTENSION IN SECTION 2, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 12.06 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Blair A. Foley, P.E., of Coastal Engineering
Consultants, Inc., representing Eugene Thrushman, 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 2, Township 49 South, Range 25 East,
Collier County, Florida, is changed from "A" Agriculture to "PUD"
Planned Unit Development in accordance with the Marker Lake
Villas PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 9502N, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
12B 2
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, CHAIRMAN
ASSISTANT COUNTY ATTORNEY
PUD-97-4 ORDINANCE/
12B 2'
MARKER LAKE VILLAS
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF
MARKER LAKE VILLAS,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
MARKER LAKE VILLAS, INC.
11216 TAMIAMI TRAIL NORTH, SUITE 341
NAPLES, FL 34110
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
3106 S. HORSESHOE DRIVE
NAPLES, FL 34104
CEC FILE NO. 96.403
March 25, 1997
Revised May 16, 1997
97-37
ORDINANCE NUMBER:
12B
TA F NT
STATEMENT OF COMPLIANCE ....................................... ~
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
EXHIBIT "A"
PROPERTY OVVNERSHIP & DESCRIPTION ................... 2
PROJECT DEVELOPMENT ............................... 3
RESIDENTIAL TRACTS: D, F, H & J ......................... 5
OPEN SPACE/RECREATION AREA TRACTS: C, E, G, I & K ....... 8
DEVELOPMENT COMMITMENTS .......................... g
PUD MASTER PLAN
12B 2
STATEMENT OF COMPLIANCE
The development of approximately 12.1:)6 acres of property in Collier County, as a Planned
Unit Development known as Marker Lake Villas is in compliance wfth the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan. The
residential, recreational, and other development authorized herein will be consistent with
the growth policies, land development regulations and applicable comprehensive planning
objectives of each of the elements of the Growth Management Plan in effect at the time
of approval by the Collier County Board of County Commissioners for the following
reasons:
The subject property is wfthin the Urban Residential land use designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as required
in Objective 2 of the Future Land Use Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Future improvements are planned to be in compliance with all current and
applicable land development regulations as set forth in the Growth Management
Plan and amendments thereto.
The project development results in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future
Land Use Element.
The project development incorporates a natural system for water management in
accordance with their natural functions and capabilities as required by Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
Marker Lake Villas is a proposed residential community. The maximum number
of dwelling units for the project will be 36 units, resulting in a gross density of 3
units per acre. The maximum density is 3.0 dwelling units per acre and is in
compliance with the Future Land Use Element of the Growth Management Plan.
The project includes extensive open space in the form of a native vegetation
preserve to provide a high quality of life for its residents.
SHORT TITLE
This Ordinance shall be known and cited as the Marker Lake Villas Planned Unit
Development Ordinance.
12B 2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property being developed
under the project name of Marker Lake Villas.
1.2 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Bishop John J. Nevins,
Diocese of Venice Florida, P.O. Box 2006, Venice, Florida 34284-2006.
A tract of land lying in Section 2, Township 49 South, Range 25 East; Collier
County, Florida, being more particularly described as follows:
The West 1/2 (W1/2) of the Northeast Quarter (NE1/4) of the Northwest Quarter
(NWl/4) of the Northeast Quarter (NE1/4) of Section 2, Township 49 South,
Range 25 East, Collier County, Florida; and, the East 1/2 (E1/2) of the Northwest
Quarter (NWl/4) of the Northwest Quarter (NWl/4) of the Northeast Quarter
(NE1/4) of Section 2, Township 49 South, Rang3 25 East, Collier County, Florida,
Six (6) Acres, More or Less, Less and Excepting the South 30 Feet Thereof for
Road Right-of-Way Purposes.
1.4 GENERA E CRIPTI N OF R P AR
The project site contains 12.06 acres and is located in lands lying within Section
2, Township 49 South, Range 25 East, Collier County, Florida. The property is
bordered on the north by Pelican Marsh; on the south by Emerald Lakes; on the
east by vacant farm fields; and on the west by vacant farm fields.
1.5 PROJECT DESCRIPTION
Marker Lake Villas is a proposed residential commune. The project will consist
of 36 villa units, and a recreational pool area.
The project entrance is on Vanderbilt Beach Road Extension and the internal road
system circles along the property boundary.
The maximum number of dwelling units for the project will be 36 units, resulting
in a gross density of 3 units per acre.
12B 2_
SECTION II
PROJECT DEVELOPMENT
2.1
2.2
The purpose of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinances and the respective
land uses of the tracts included In the project.
Regulations for development of Marker Lake Villas shall be in accordance
with the contents of this document, PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and Collier County Growth Management Plan -
Conservation and Coastal Management Element In effect at the lime of
local final development order or building permit application. VVhere these
PUD regulations fail to provide developmental standards, then the
provisions of the most similar district in the Collier County Land
Development Code shall apply.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Collier County Land Development Code in
effect at the time of local final development order or building permit
application.
The development permitted by the approval of this petition win be subject
to review under the applicable provisions in effect at the time
development permits are requested.
2.3 DE RIPTI N FTHEP MA T RPLA
The PUD Master Plan including layout of streets and uses of land for the various
tracts is illustrated graphically by the PUD Master Plan, Exhibit "A".
2.4 RELATED PR E T PLAN APPR VA R IREM NT
2.5
No more than the maximum of 36 dwelling units shall be constructed in the total
project area.
The gross project area Is 12.06 acres. The gross project density, therefore, will
be a maximum of 3 units per acre.
RELATED PROJEC~TPLAN APPR VA RE IREM NTS
Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat,
final plans shall receive approval of the appropriate Collier County governmental
agency to insure compliance with the PUD Master Plan, the Collier County Land
Development Code and the platting laws of the State of Florida.
12B 2
2.6 MODEL H MESAND A FA I ITl
Model homes/dry model home centers, sales centers and administrative offices
shall be permitted in conjunction with the promotion of the development pursuant
to provisions of the Collier County Land Development Code.
2.7 AMENDMENTS TO PUD DO~ASTERPLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code.
2.8 ASSOCIATION OF PR P RTY WNERS F R MM N AREA
MAINTENANC_.~
2.9
The land areas and recreation amenities whose ownership and maintenance
responsibility is a common interest to all subsequent purchasers of property within
said development in which the common interest is located, the developer has
provided the appropriate legal instruments for the establishment of a Master
Property Owners Association whose function includes provisions for the perpetual
care and maintenance of those common facilities and open space. This
document is known as the "Master Declaration of Covenants, Conditions and
Restrictions for Marker Lake Villas and is to be recorded in the Public Records of
Collier County.
REMOVAL OF FILL MATERIAL
Off-site removal of project fill from the proposed lake is permitted under this
document. The developer shall not remove more than 20,000 CY of material
without a commemial excavation permit. Removal of up to 30,000 CY of material
shall be permitted under a development excavation.
3.1
3.2
SECTION III
RESIDENTIAL TRACTS:
D, F, H, & J
The purpose of this Section is to Ident~ specific development standards for areas
designated on the PUD Master Plan as residential tracts.
MAXIM M LIN NIT
Tracts designated for residential uses shall be developed in accordance with ~
standards set forth in the Collier County Land Development Code and the
development regulations established in this ordinance provided the total number
of dwelling units for the entire Marker Lake Villas PUD does not exceed 36.
3.3 U PE~
The type of principal use that characterizes the initial development of any platted
· tract shall be carried throughout the development of that entire tract.
No building Of structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
1. Single family dwellings, two family, duplex and multi-fami~.
Accessory Uses:
Customary accessory uses and structures, including carports,
garages, patios, pools, spas, decks, fences and other accessory
uses that are typically associated with similar principal uses per
the Land Development Code.
Recreational community facilities that serve as an integral part of
a residential tract and have been designated, reviewed and
approved on a site development plan or Preliminary Subdivision
Plat for that developmenL Recreational fadlities may include, but
are not limited to a pool building and swimming p(x)l.
Small buildings, enclosures, or other structures constructed for
purposes of maintenance, service or shetter.
Small docks, piers, boardwalks or other such facilities constructed
for purposes of lake access.
· 3.4 L PM T TANDARD
PERMITTED USES AND TWO
STANDARDS FAMILY &
DUPLEX
Minimum Lot Area
Minimum Lot VVidth2
Front Yard
Front Yard for Side Entry
Garage
Side Yard
Rear Yard Principal
Rear Yard Accessory
Rear Yard'
Maximum Building Heights
Distance Between Principal
Structures
3500 SF~
Floor Area Min. (S.F.)
NOTE:
20
10
0 oi'6"
20
10
10
35
0 or 12
1200 SF
SINGLE
FAMILY
ATTACHED &
TOWNHOUSE
3OOO SF
3O
20
10
0 or .5 BH'
MULTI-
FAMILY
DWELLING
I AC
150
25
15
0.5 BH
20 BH
10 15
10 .5 BH
35 35
.5 SBH
.5 SBH
1000 SF
1200 SF
Unless othenvise ino~catod, develppme~ standard~ apply to principal sb'u<:tum~. Fro~ yard setbec~s
are measured from the bec~ of cud). valley gutte~ of edge of pa, vefTWfl[
Minimum serf)ack from Vanderbiit Bench Road - 35 feet for one of Iwo-story product and 50 feet fo~
3 or more story product.
2
Each haft of a duplex unit requires I Iol area altocetion of 3,500 SF fof · total n'inlmum lot area of 7,000
3 Zero fe~. (0') provision does no~ apply to any exterior wall of the structure, and Is intended to apply to the
corr!mon wall Or wall along intertof lot ~ wtthill · I, ertas of towllhouse of ~ units.
4 Rear yards for principal anti accessory =tructures on lots and tract· which abut a goff course, lake. non
jurisdictional open space or native vegetation preservation areas may be zero (03 f~et excep~ that when abutt~g
· lake Or water body an architectural bank tmaffnent shall be inceqx~'atad into ~ design.
s Building height shall be the vertical distance moasurad from the I~t habi~ble f~nished floor elevetJo~ to
the uppen~ost t~nishad ceil'rog elevation of the structure.
3.5
FF- R TP RKIN N I M NT
AS required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
4.2
4.3
SECTION IV
OPEN SPACE/RECREATION AREA TRACTS: C, E, G, I, & K
The purpose of this section is to set forth the development plan and development
standards for the areas designed as Tracts C, E, G, I & K, Open Space, on the
PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts
is to provide lake, open space, and recreational facilities. If any vegetation is
removed within Tracts C, E, G, I & K, it shall be provided elsewhere within the
PUD to maintain the required fifteen percent (15%) retained native vegetation.
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than/he following;
A. Principal Uses:
1. Lakes. pool building, pool, and tennis courts.
Open Spaces/Nature Preserves (Conservation Area).
Small docks, boardwalks, or other such facilities constructed for
purposes of lake access.
Small buildings, enclosures or other structures constructed for
purpose of maintenance, storage, recreation or shelter with
appropriate screening and landscaping.
DEVELOPMENT REGULATIONS
Overall site design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets and parking areas and
location and treatment of buffer areas.
Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 3.2 of the Land Development
Code.
Minimum Off-Street Parking and Loading: As required by Division 2.3 of
the Land Development Code at time of building permit application.
Buildings shall be setback a minimum of 20' from abutting residential
tracts outside this Planned Unit Development, and the setback area shall
be appropriately landscaped and maintained as a buffer zone.
128 2
6.1
6.2
6.3
6.4
SECTION V
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of Marker Lake Villas.
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable state and local laws, codes, and
regulations applicable to this PUD in effect at the time of local final development
order or building permit apprication. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall
appty to this project even if the land within the PUD is not to be plafted, The
developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are hereby placed on notice that
they are required to satisfy the requirements of all applicable County ordinances
or codes in effect prior to or concurrent with any subsequent development order
relating to this site. This includes, but is not limited to, Subdivision Master Plans,
Site Development Plans and any other application that will result in the issuance
of final local development order or building permit.
PUD MASTER PLAN
A. Exhibit "A": The PUD Master Plan reflects the proposed site
improvements.
All necessary easements, dedications, or other instruments have been,
or shall be, granted to insure the continued operation and maintenance
of all service utilities and all common areas in the project.
TRAN~
The development of this PUD Master Plan shall be subject to and governed by
the following conditions:
Artedal level street lighting shall be installed at the project entrance
before any certificates of occupancy are issued.
The project will be constrained to a right-in/right-out at the project
entrance. There may be a westbound left-in if the median opening
spacing meets the requirements of Resolution 92-422, the Collier County
Access Management Policy.
12B 2.
6.5 ACCESSORY STRU T R
6.6
6.7
Accessory structures shall be constructed simultaneously with, or following the
construction of, the principal structure except as allowed in the Land Development
Code and for construction site office and related facilities such as Project
Administrative Offices and Project Sales Offices.
SIGNS.
All signs shall be in accordance with Division 2.5 of the Collier County Land
Development Code.
ENVIRONMENTA___.~L
If gopher tortoise burrows (active, inactive and/or abandoned) are located on site,
they shall be indicated on the Site Development Plan or Preliminary Subdivision
Plat and field vedfied by Collier County Planning and Technical Services
Environmental Staff. Management plans and/or permits from Flodda Game and
Fresh Water Fish Commission (if appropriate) shall be submitted to Planning and
Technical Services Environmental Staff for review and approval. Management
plans shall be in compliance with Section 3.11.3.1 of the Collier County Land
Development Code. Areas of retained native vegetation may serve as potential
gopher tortoise relocation areas, if applicable.
The applicant shall be required to remove all prohibited exotic vegetation on site
and to prevent the reinvasion of prohibited exotic vegetation by maintaining the
site exotic free in perpetuity.
This PUD shall commit to retention of 28,314 square feet (which is 15%) of
existing native vegetation on site in accordance with CCLDC Section 3.9.5.5.4..
If native vegetation cannot be accommodated, the same amount of area shall be
used on site to recreate a native plant community as described in Section
3.9.5.5.4..
6.8
UTILITIE______~S
Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer at no cost to Collier
County and the State of Fiodda. Potable water and sanitary sewer
facilities constructed within platted rights-of-way or within dedicated
County utility easements, required by the County, shall be conveyed to
the County for ownership, operation and maintenance pursuant to Collier
County Ordinance No. 88-76, as amended and all State and Federal
regulations and adopted policies in effect at the time of conveyance. All
potable water and sanitary sewer facilities constructed on private property
and not required by the County to be located within County utility
easements shall be owned, operated and maintained by the developer,
his assigns or successors. Upon completion of the potable water and
sanitary sewer within the project, the facilities shall be tested to insure
they meet Collier County's utility construction requirements in effect at the
time construction plans are approved. The above tasks shall be
completed to the satisfaction of Engineering Review Services pdor to
placing the facilities, whether County owned or privately owned, into
10
2
service. Upon completion of the potable water and sanitary sewer
facilities and prior to the issuance of Certificates of Occupancy for
structures within the project, the utility facilities shall be conveyed to the
County, pursuant to Collier County Ordinance No. 88-76. as amended, and
all regulations in effect at the time conveyance is requested.
All construction plans, technical specifications and proposed plat. if
applicable, for the proposed potable water and sanitary sewer collection
and transmission systems, whether County owned or privately owned
shall be reviewed and approved by Engineering Review Services prior to
commencement of construction.
All customers connecting to the potable water distribution system shall be
customers of the County and shall be billed by the County in accordance
with the County's established rate.
All potable water and sanitary sewer facilities in publicly owned rights-of-
way or within dedicated County utility easements within the project's limits
shall make connection to the County's off-site potable systems and
sanitary sewer facilities including but not limited to the following:
1)
Main sewage lift station and propedy sized force main
inter-connecting with the County utility easements
necessary.
Potable water distribution facilities from the point of
connection with the County's potable water facilities to a
point of the project's property line.
3)
Construction and ownership of the potable water and
sanitary sewer facilities shall be in compliance with
Collier County Ordinance No. 88-776, as amended, all
Federal, State regulations which apply and practices etc.
in effect at the time construction approval is requested.
4)
Detailed hydraulic design reports covedng potable water
and sanitary sewage collection and transmission systems
to serve the project shall be submitted with the
construction documents, The reports shall list all design
assumptions, demand rates and a~l other factors pertinent
to the system under consideration.
5)
Certifications of Occupancy for structures constructed
within the project shall not be approved by Engineering
Review Services until fire flow tests have been conducted
on the project's potable water distribution system and the
results are found to be acceptable and approved,
11
12B 2
6.9
WATE~ MANA~
A. In accordance with the rules of the South florida Water Management
District (SFWMD), Chapters 40E4 and 40E-40, this project shall be
designed for a storm event of a 3-day duration and 25-year return
frequency.
B An Excavation Permit will be required for the proposed lake in accordance
with Division 3.5 of the Collier County Land Development Cede,
6.10
ENGINEERING
Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the Collier County Land
Development Code, Division 3.2.
Work within Collier County right-of-way shall meet the requirements of the
Collier County Right-of-Way Ordinance No. 82-91.
p~O3,baf
12
128.
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. 97-37
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
Clerk of Court,
Ex-officio tO .oar~2~'?~'~
Count
.'.,.~~
PLANNING
DEVELOPMENT
INCORPORATED
August26,1997
Tim Hancock, Chairman
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida
Subject:
Proposed Wiggins Bay PUD Amendment: Petition PUD-82-33(I)
PDI PN 97.01003
Dear Mr. Hancock:
As the agent, and on behalf of the petitioner for the above referenced petition, I am requesting a
continuance of the public hearing scheduled on today's Board Agenda. We request the
continuance for a period of 4 weeks. We shall utilize this period of time to address and in hopes
of amicably resolving a civil suit regard a private covenant which may be applicable to the
subject property. It was the suggestion of a Commissioner that we seek resolution prior to Board
consideration of the subject petition.
We regret any inconvenience that this continuance will cause to interested parties and request
that the issue of the requested continuance be addressed during the setting of the agenda in order
to provide notice to those which may be attending today's meeting.
Sincerely yours,
PLANNING DEVELOPMENT INCORPORATED
Michael R. Fernandez, AICP
President
PLANNI~G DEVELOPMENT INCORY'ORATED Develapmem Com. ultams Plam~ and Desil:ne~
2~23 River Re. ach Drive. Naples. Florida 34104 Oq1'me: 941 1263-6934 Fax: 941 1263-69~1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the follow|ag as a:
XXX Normal lcgal Advcttisement [-] Other.
(Display Adv.. location, etc.)
Petition No. (Il'none, give brierder~ription): ~
Petitioner: Oqame& Addro.~): Bo~d of ¢~.mty O::m'n.~qc~ne~ ,. ....... ~.~
Name & Address of any per3on(s) to be notilied by Clerk's Office: (ffmorc spac~ is needed, attach separate sheet) St~ Er~ ~
v ' 4
befo~ BZA ~er
Hearing
ti
Requested Head n§ date:~~ Based on advertisemen! appearing i 5 days befor~ hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other
[] Legally Requir~l
Proposed Text: (Include legal description & common location & Size: ' ' - - '
Compmion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost7 [] Yes [] No If Yes, what account should be charged for advertising co~:
113-138323-649110 P.O. #604071
Revi~ by: Approved by.:
Division Head Date County Manager Date
List AI~achments:
A. For hearings before BCC or BZA: Xnltlatlng person to complete one coy and obtain Division Head approval before
mbmitting to County Manager. Note: If legal document is Involved, be rare that any nece~ary lered review, or request
for ume, is submitted to Coenty Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to [] Requesting Dh4slon [] Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office., retaining a copy for file..,
12B-~+
~ ~0: ~ T74-8406
12B-
July 1, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
Re: Notice of Public Hearing to consider Petition R-97-3
Dear Judy:
Please advertise the above referenced notice one time on Sunday,
July 20, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti,
Encl.
P.O. No. 700012
Deputy Clerk
12B-4
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, AUGUST 5, 1997, in the
Boardroom, 3rd Floor, Administration ~ 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 0608S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS "ISLAND PINES GARDEN PUD"
TO "E", FOR PROPERTY LOCATED SOUTH OF THE COUNTY MAINTENANCE
FACILITY ON COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
10 ACRES MORE OR LESS, AND BY PROVIDING AN EFFECTIVE DATE.
Petition R-97-3, Community Development & Environmental
Services Division, representing the Collier County Board of County
Commissioners requesting a rezone for property described above.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMQTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
July 1, 1997
Mr. Fred Reischl
Community Development & Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
RE: Notice of Intent to consider Petition R-97-3
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 5, 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 20,
1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Steve Erek, PE
128' '
July 1, 1997
Steve Erek0 PE
Green, Keene & Erek, Inc.
3806 Exchange Avenue
Naples, FL 34104
RE: Notice of Intent to consider Petition R-97-3
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 5, 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 20,
1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti Deputy Clerk
Encl. '
cc: Fred Reischl
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 0608S; BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS
"ISLAND PINES GARDEN PUD" TO "E", FOR
PROPERTY LOCATED SOUTH OF THE COUNTY
MAINTENANCE FACILITY ON COUNTY BARN
ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10 ACRES MORE OR LESS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 13, 1988, the Collier County Board of County
Commissioners approved Ordinance Nu~ber 88-94 changing the zoning
classification of the herein described property from "E" Estates to
"PUD" Planned Unit Development known as "Island Pines Garden PUD"; and
WHEREAS, the Island Pines Garden PUD, pursuant to the Zoning
Reevaluation Ordinance, was determined to be inconsistent with the
Future Land Use Element of the Collier County Growth Management Plan,
but was granted an exemption because Site Development Plan 89-53 had
been approved on July 11, 1989 for the property; and
WHEREAS, Site Development Plan 89-53 expired on July 11, 1991
pursuant to Section 3.3.8 of the Land Development Code, Site
Development Plan Time Limits; and
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance 91-102, the Collier County Land
Development Code, including Section 2.7.3.4, Time Limits for Approved
PUD Master Plans; and
WHEREAS, on December 10, 1996, the Collier County Board of County
Commissioners approved Resolution 96-574, Pursuant to Section 2.7.3.4
of the Land Development Code, Time Limits for Approved PUD Master
Plans, requiring the property owner or agent of the Island Pines
Garden PUD to submit an amended PUD to the Planning Services Director
prior to June 10, 1997 in order to cause said PUD to become consistent
with the Collier County Growth Management Plan; and
12B-
WHEREAS, an amendment to the Island Pines Garden PUD was not
received by the Planning Services Director prior to June 10, 1997; and
WHEREAS, Community Development and Environmental Services
Division, representing the Collier County Board of County
Commissioners, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property,
attached hereto as Exhibit "A"; and
WHEREAS, the Collier County Planning Commission recommended that
the Board of County Commissioners rezone the Island Pines Garden PUD
from "PUD", Planned Unit Development, to "E" Estates; and
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 8, Township 50 South, Range 26 East, Collier
County, Florida, is changed from "PUD" Planned Unit Development known
as Island Pines Garden PUD to "E" Estates, in accordance with Section
2.7.3.4 of the Collier County Land Development Code, Time Limits for
Approved PUD Master Plans. The Official Zoning Atlas Map Number
0608S, as described in Ordinance Number 91-102, the Collier County
Land Development Code, is hereby amended accordingly.
SECTION TWO:
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
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and
Legal Sufficiency
Assistant County Attorney
-2-
LEGAL DESCRIPTION
The NW % of the S ½ of the SE % of the SW %, less ROW, Township 50 South, Range
26 East. Section 8. Collier County, Florida. OR Book 1231, Page 800
EXHIBIT 'A'
12B- '
MEMO
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
To: Barbara Pedone
Johnnle Gebhardt
Clerk to the BCC
R-97-3 file
From: Fred Reischl, Planner II
Date: July 24, 1997
Re: R-97-3 Island Pines Garden Rezone
The public hearing before the BZA for the subject petition has been rescheduled for the
August 26, i997 meeting. Thanks.
128-
Nap[el Dat I.y
Hap[aa, FL 339~0
Affidavit of Pubtlc~t~ ..-- ~,~...
COUNTY LAND". DEVELOPMENT
REFERENCE: 0012~0 700012
57537029 NOTICE OF INTENT TO
State of
Cm~ty of CoL[tar
~fore the ~lrl~ff aut~rtty~
i~ar~ B. La~, ~ ~ ~th layl that she llrvll
as the Assistant Cor~rmte Secretary of the Nap[es
in CoL[ten C~ty, FroliC: t~t the attac~
c~y of the ~verttst~ usa ~bLtsh~ tn ma~d
Affiant further says t~t the ~atd ~p[e~ DaiLy
N~l ts I n~s~r ~bLilh~ mt ~p[el, tn laid
Co[tier C~t7/ Ftort~, m~ t~t the ~mtd
n~a~r ~ heretofore ~
~bttsh~ tn said Cot[tar C~ty~ Fkort~ each
~tte~ at the ~st office in ~p[es,
CoLLier C~ty, FLorida, for I
next prec~t~ the ff~st ~[tcatt~ of the
attach~ c~y of ~ertts~t; a~ affiant
further says t~t she ~s neither ~$d ~r
pr~s~ any ~r~, firm or ~ratim ~y
disc~t, re~te, c~t~a$~ or ref~ for the
~r~s* of mecurt~ this ~erttl~t for
~t~t$~ tn t~ ~aid n~s~r.
P~Li~ED ~: 07/~
AD SPACE: 77.000 INCH
FILED 0~: 07/21/97
OF COLLIER COUNTY, FLORIOA, BY
AMENOING THE ORrlCIN. ZONING
UNIT .DEVELOPMENT KNOWN AS
"ISLAND 'PINE~ ON~I~N PUO' TO
~I~"L FOK PROPERTY LOCATED
· ~NAN~' IrACt.rTY Og COUff/Y IA~N
Sigrmtur. of Aff~nt
S~orn to and Subscribed before ~
· ~ :.~
128
ORDINANCE 97- 38
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 0608S; BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS
"ISLAND PINES GARDEN PUD" TO "E", FOR
PROPERTY LOCATED SOUTH OF THE COUNTY
MAINTENANCE FACILITY ON COUNTY BARN
ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10 ACRES MORE OR LESS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 13, 1988, the Collier County Board of County
Commissioners approved Ordinance Number 88-94 changing the zoning
classification of the herein described property from "E" Estates to
"PUD" Planned Unit Development known as "Island Pines Garden PUD"; and
WHEREAS, the Island Pines Garden PUD, pursuant to the Zoning
Reevaluation Ordinance, was determined to be inconsistent with the
Future Land Use Element of the Collier County Growth Management Plan,
but was granted an exemption because Site Development Plan 89-53 had
been approved on July 11, 1989 for the property; and
WHEREAS, Site Development Plan 89-53 expired on July 11, 1991
pursuant to Section 3.3.8 of the Land Development Code, Site
Development Plan Time Limits; and
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance 91-102, the Collier County Land
Development Code, including Section 2.7.3.4, Time Limits for Approved
PUD Master Plans; and
WHEREAS, on December 10, 1996, the Collier County Board of County
Commissioners approved Resolution 96-574, Pursuant to Section 2.7.3.4
of the Land Development Code, Time Limits for Approved PUD Master
Plans, requiring the property owner or agent of the Island Pines
Garden PUD to submit an amended PUD to the Planning Services Director
prior to June 10, 1997 in order to cause said PUD to become consistent
with the Collier County Growth Management Plan; and
-1-
12B
WHEREAS, an amendment to the Island Pines Garden PUD was not
received by the Planning Services Director prior to June 10, 1997; and
WHEREAS, Community Development and Environmental Services
Division, representing the Collier County Board of County
Commissioners, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property,
attached hereto as Exhibit "A"; and
WHEREAS, the Collier County Planning Commission recommended that
the Board of County Commissioners rezone the Island Pines Garden PUD
from "PUD", Planned Unit Development, to "E" Estates; and
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 8, Township 50 South, Range 26 East, Collier
County, Florida, is changed from "PUD" Planned Unit Development known
as Island Pines Garden PUD to ~E" Estates, in accordance with Section
2.7.3.4 of the Collier County Land Development Code, Time Limits for
Approved PUD Master Plans. The Official Zoning Atlas Map Number
0608S, as described in Ordinance Number 91-102, the Collier County
Land Development Code, is hereby amended accordingly.
SECTION TWO:
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 ~Tq>day of ~,~o~ , 1997.
ATTEST-~U/;. BOARD OF COUNTY COMMISSIONERS
DWI~H~E.~' '~ ~OC~ Clerk
5Z.' -TYT.' zs.c.
//. .:~ ..~,, ~'
App~qVec[ as. t~.~Form and
Legaf a St~.At~nc y
Marjo~J[e M. Student
Assistant County Attorney
COLLIER COUNTY, FLORIDA
~IMOTH~L. BAN'COCK, Chairman
f/FR./Island Pines Garden PUD ORDINANCE/
-2-
12B
LEGAL DESCRIPTION
The NW ½ of the S '~ of the SE ¼ of the SW %, less ROW, Township 50 South, Range
26 East, Section 8, Collier County, Florida. OR Book 1231, Page 800
EXHIBIT 'A"
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, ~ollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-38
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
DWIGHT E. BROCK
Clerk of Courts and..~'~
Ex-officio to Board~0.~.~.~
County Commis s ione'~..%~'
By: Ellie Hof fman.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS
To: Clerk to Ihe Board: Please place the following as
XXX Normal legal Advertisement [] Other:
('Display Adv., location, etc.)
Petition Nc,. (If none, give brief description): R-97-4
Petitioner: (Name & Address): Mr. Mark Ra ~d n h Idyll H m In 290 IL'~in w n I s FI ri 4 0
Name & Addrc~(s) to be nolificd by Clerk's Office: (Ir more space is needed, attach separate sheet)
Hearing be£.o~'XXX B C.,~ BZA , Other
' ~--"~~-----l---L~ ascu on aaverttsement appearing 15 days before hearing.
Ness,paper(s) to be used: (Complete only if imporlanl):
~aples Daily News
Other [-] Legally Required
Proposed Text: (Include legal description & common location & Size: ti i n N -974 q n f I · ! m n .
uetin a z nc from .-6 oR F-6f~r r 'I t t h 'n i n t'P m vn nd rand nalDris nh r
~a~ L I ulrha r in ti nl6 walt' -18 I n ,~ t inin 80
Companion petition(s), if any & proposed hca~;dale:
Does Petition Fee include advertising cost.'? I~t'es [] No Il'Yes. what account should be charged for advertising costs:
113-138323-649110
Reviewed by: ~ 0, q~
:~ "~' ? 7' ~ 7 Approved by:
Division Head Date Coumy Man~ger D~te
List Attachments:
DISTRIB TI N IN TRU IONS
For hearings before BCC or BZA: Initiating person Io complete one coy and obtain Division }lead appros'al before
submitting to Count)' Manager. Note: If legal document Is involved, be sure that an~ necessary legal res'tear, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
COllies: '
[] Count7 Manager agenda file: to
Clerk's Office
[] Requcstlng Division
[] Orig;nal
B. Other hearings: Initiating Division head Io approve and sub,nit original to Clerk's Office, retaining a cop.,,, for file.
FOR CLERK'S OFFICE USE ONI/Y: .__~.2. _~~
Date Received: .~/ ~7 Date or Public hearing: ~ Date Advertised:
(:22a~.,u~z~ ,~ c~)
Y2~ ~0: (942} 774-8408
PHC~E ZK):~ 774-8406
1 B-5 '
July 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to consider Petition R-97-4
Dear Judi:
Please advertise the above referenced notice one time on Sunday, August
10, 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
1.28-5
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, AUGUST 26, 1997, in
the Boardroom, 3rd Floor, Administ~ng, Co~er 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 8516S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT
THE INTERSECTION OF PAN AM AVENUE AND GRAND CANAL DRIVE
IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, FROM RMF-6 TO RSF-6, PROVIDING FOR STAFF
AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN
EFFECTIVE DATE.
Petition R-97-4, Mark Raudenbush of Idyll Homes, Inc.,
requesting a rezone for property described above and further
described as Lot 10 Gulf Harbor, containing .80 acre.
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. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
July 17, 1997
Mark Raudenbush
Idyll Homes, Inc.
1290 Rainbow Court
Naples, FL 34110
RE: Notice of Intent to consider Petition R-97-4
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
ORDINANCE NO. 97-
12B-5
AN ORDINA~ICE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 8516S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT THE INTERSECTION OF PAN
AM AVENUE AND GRAND CAMAL DRIVE IN SECTION
16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, FROM RMF-6 TO
RSF-6, PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Mark Raudenbush of Idyll Homes, Inc., 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 real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 16,
Township 48 South, Range 25 East, Collier County, Florida, is
changed from RMF-6 to RSF-6 and the Official Zoning Atlas Map
Number 8516S, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby amended accordingly. The
herein described real property is the same for which the rezone
is hereby approved subject to the following conditions:
1. Pursuant to Section 2.2.25.8.1 of the Land
Development Code, if, during the course of site
clearing, excavation or other construction activity
an historic or archaeological artifact is found, all
development within the minimum area necessary to
protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department
contacted.
2. Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE) and the South Florida Water
Management District (SFWMD) shall be presented prior
to final plat/construction plan approval.
12B-5
An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4. of
the Collier County Land Development Code (CCLDC).
These areas shall be designated on the final ~lat/
construction plans as separate tracts or easements
for native vegetation retention pursuant to Section
3.9.5.5.4. of the CCLDC.
An exotic vegetation removal, monitoring and
maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation,
shall be submitted to Current Planning environmental
staff for review and approval prior to final plat/
construction plan approval.
SECTION TWO:
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
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Assistant County Attorney
f/R-97-4 Ordinance
Exhibit "A'
Property Description:
GulfHarbor Subdivision, Lot I, as recorded in Plat Book 4, Page 31 of the Public
Records o~'Collier County, Florida.
~pLea DaiLy #eva
N~ptea, FL ~3940
Afftc~vt~ of PubHcm~tm
12 -5
BOARD OF COUNTY
ATTN: NANCY
~3 BOx
~APLES FL
REFERENCE: 0012~0 ?00012
5?5/*6669 NOT?CE OF ZNTENT TO
Stata of Florida
County of Collier
Before the u~derligned ~JthorJ~y,
tn Cot~er C~ty,
c~y of the ~vertim~ ~l ~ ~n Mid
Affiant further lays t~t the si~d ~e~ 0i~y
CoarSer C~ty, F~ort~, e~ t~ tho .~d
n~s~r ~1 heretofore ~ ~tt~ty
~bLtsh~ in laid Cottier C~ty, ftor(~, eKh
day ~ ~ ~ ~ter~
~tter at the ~*t office tn ~pLel, in ~$d
next precNt~
ettichN c~ of ~erttl~t;
furthr .yl t~t Ih ~s ~Jt~r Ntd ~r
pr, ts~ ~ ~r~, firm or
disc~t, r~te,
~r~se of lecurJ~ thtl ~ertll~t for
~H~tJm in the ~aJd ~:~r.
PUBLISHED ~: ~/10
TO CON~X~ ~
T~Noflce I$ berry given I~ e~
AYo AUG~ ~
COUNTY LAND DE~LOPMENT
A~ ~. ~ ~ iY
T~ ~ ~ ~R~ ~
R~% ~ lm
~:. ~': l,fY CO~MS&K~ ~ CC~e787 EXMRES
12B 5
ORDINANCE NO. 97-39
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 8516S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT ThE INTERSECTION OF PAN
AM AVENUE AND GRAND CANAL DRIVE IN SECTION
16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, FROM RMF-6 TO
RSF-6(4), PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Mark Raudenbush of Idyll Homes, Inc., petitioned
the Board of County Co~issioners 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 real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 16,
Township 48 South, Range 25 East, Collier County, Florida, is
changed from RMF-6 to RSF-6(4), with a maximum of four (4)
dwelling units per acre, and the Official Zoning Atlas Map
Number 8516S, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby amended accordingly. The
herein described real property is the same for which the rezone
is hereby approved subject to the following conditions:
1. Pursuant to Section 2.2.25.8.1 of the Land
Development Code, if, during the course of site
clearing, excavation or other construction activity
an historic or archaeological artifact is found, all
development within the minimum area necessary to
protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department
contacted.
2. Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE) and the South Florida Water
Management District (SFWMD) shall be presented prior
to final plat/construction plan approval.
128 5
An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4. of
the Collier County Land Development Code (CCLDC).
These areas shall be designated on the final plat/
construction plans as separate tracts or easements
for native vegetation retention pursuant to Section
3.9.5.5.4. of the CCLDC.
An exotic vegetation removal, monitoring and
maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation,
shall be submitted to Current Planning environmental
staff for review and approval prior to final plat/
construction plan approval.
SECTION TWO:
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 ?~ da} of
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
pWIGHT E. BROCK, Clerk
,Approved as td Form and Legal Sufficiency:
Marj~grie M. StUdent
Assistant County Attorney
f/R-97-4 Ordinance
12B 5
Exhibit "A'
Property Description:
Gulf Harbor Subdivision, Lot 1, az recorded in Pla~ Book 4, Page 31 ofthe Public
Records of Collier County, Florida.
12B
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-39
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WI~ESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
DWIGHT E. BROCK
Clerk of Courts ~~?k. ','~<~%~.~
Ex-officio to Boar~of
County Co~issione~. ~ ...~, 'C%' ~(..~, ,
Deputy Clerk ' '-~.:~:'
I01-163610-329100
Lisl Attachments: Resolution, Petition and F.x~'bits
Approved by:.
County Manager Date
For hearings before BCC or BZ~ Infttaflng person to complete one coy ·nd obtain Dfvigon Head ·pprovai befor~
submitting to County Manager. Note: If legal document b involved, be sure that any necessary le~ai review, or request
for same, fs submftted to County Attorney before submfttlnt to County Manaler. The Manaler's office will di~rfbute
copies:
X County Manager agenda file: to
Clerk's Office
X Requesting Division
X OHlfnai
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining · copy for file.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please pi·ce the following as a:
X Normal legal Advertisement l-] Other:.
(Display Adv., location, etc.)
· . ....... ... ............ · ...... · ............. .. ..... ...... ::::....:-.---..-..--.
Originating Dept/Div: Public Works Person: Rus~s Muller Date: July 28, 1997
Petition No. (Irnone, give brief description): AV 97-014
Petitioner:. (Name & Address): Vineyards Development Corp., 98 vineyards Blvd. Naples, FL 34119
Ntrne & Address of any person(s) to be notified by Clerk's Office: (lf more space is needed, attach gln. rate sheet) See Attached
Hearing before X BCC BZA O~
Requested Hearing dale: (Based on adverti.~u~-m appearing 10 dsy$ before hearing.) -
Newspaper(s) to be used: (Comple,.e only if
X Naple~ Daily News [-] ~ X Legally R~uired
lh'oposed Text: (Include legal description & cxm'n'~on location & Size: PETTI'ION AV 97-014, DANIEL D£C"F~ARE, AS AGENT
FOR OWNER, VINEYAE.D$ DEVELOPMENT CORPORATION, REQ~G VACATION OF TRACT "C" (LANDSCAP£
AND DRAINAG£ EAS£MENT) LOCATED ON A PORTION OF TH~ PLAT OF AUGUSTA FALI~ AS P~COI~D£D IN PLAT
BOOK 27, PAGES 51 AND 52, rNCLUSIV~ OF THE PUBLIC RECOKDS OF COLLI~.R COUNTY,
Companion petitiou(s), if any & prolx~,ed hea~fug daM:
~ Pe~tion Fee include advertising cos~ X Yes ["] No If Yes, what acc~m! shonld be charged fer adver~sing
12C 1
'774-8406
TI::L TIME
237 I ~-281 88:21 I ~'~6
240 [ 07-~1 14:43 I ~02'1G
12C 1
July 31, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition AV-97-014
Dear Judi:
Please advertise the above referenced notice two times, one time on
Sunday, August 10, 1997 and one time on Sunday, August 17, 1997 and
send the Affidavit of Publication, in duDlicate, together with charges
involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P.O. No. 700897
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 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 AV-97-014, Daniel Decesare, as agent for owner, Vineyards
Development Corporation, requesting vacation of Tract "C" (Landscape
and Drainage Easement) located on a portion of the plat of Augusta
Falls as recorded in Plat Book 27, Pages 51 and 52, inclusive, 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 )
12C 1
July 31, 1997
Vineyards Development, Inc.
98 Vineyards Blvd.
Naples, FL 34119
Attn: Mr. Daniel Decesare
Re: Notice of Public Hearing to consider Petition AV-97-014
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997 and Sunday, AuGust 17, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
RESOLUTION NO. 97~
RF~OLUTION FOR PETITION AV 97-014 TO VACATE
TRACT "C" (LANDSCAPE AND DRAINAGE EASEMENT)
LOCATED ON A PORTION OF THE PLAT OF AUGUSTA
FALLS AS RECORDED IN PLAT BOOK 27, PAGES 5{ AND
52, INCLUSIVE, OF THE PUBL[C RECORDS OF COLLIER
COUNTY, FLOR IDA,
~ IEREAS, pure,;mi Io Section { 77.101. Florida Statutes, Danic{ D~Cesare. as agent
for owner, Vincymrda Dcvclorm~cnt Corporation, do~ hereby requesl the vacalion Trac~ "C"
(landscap~ and drainage casement) located
Plat Book 27, Pages 51 and 52, inclusive, of lbo Public Records ofCollicr Coomy. Flo~Lm;
WHEREAS, the Board has this day held a public hcaring Io enflsidcr vacating a
portion of said pi:,, as mo~ fully descn'bed below, And no4ice of sald public hcafing to vacale was
given as r~quired by law;
WllEREAS. {he ~raming of the
fight of convenient 3oce~s of oll~q' propctly
NOW'. THEREFORE, FIE IT RESOLVED FlY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY', FLORfl)A, that the following he and is hercby
vacated:
SL'~ Exhibit "A" a{lached to and incotrerated here~n
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the drainage easement, more
particularly desefib~ in Exhibit "B" atlached hc*rt~o and incorporated herein, is hereby accepted
as the replacement ess,~ment for the drainage easement vacated hereupon.
BE IT F'URTHER RESOLVED. that the Clctk is hereby directed to record a ceflifled
copy of this Resolution in the Public Records of Collier County, Florida and to make proper
notations of this vacation on said plat.
This Resolution adopted after motion, second and majorhy vole £avoring same.
DATED:
ATTEST: BOARD OF COUNT~ COMMISSIONERS
DWIGItT E. BROCK. Clerk COLLIER COLINT~, FLORIDA
Approved as lo form and
legal su tiff cit"ncy:
II~di F. Ashto~
As~st~a Coqa,c), Anornc7
By:.
TIMOTHY L. tIANCOCK. Chairman
1
COASTAL
ENGINEERING
CONSULTANTS
INC
AUGUSTA FALLS
TRACT "C' (LANDSCAPE AND DRAINAGE EASEMENT)
DESCRIPTION OF LANDS TO BE VACATED
Tract "C" of Augusta Falls, as recorded in Plat Book 27, Pages 51 and 52 of the Public
Records of Collier County, Florida.
Subjec~ to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
Sro~ZZA~ON NO. rS 2464
Professional Surveyor and Mapper
Florida C. erti~te No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: ~-z. 7
/
3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143
A
/
/
/
/
/
I
EASEMENT
THIS EASEMENT, made and entre:ed into this ~ day of
1997, by Vineyards Development Corporation, a Florid-~--~rporation, whose/mailing '
address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and
assigns, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Flodda, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as G~antee.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS (t;10.00) and other
valuable consideration paid by Grantee, lhe receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
pe"petual, non-exclusive easement for drainage purposes on the following described
land located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions and reservations of record.
TO HAVE AND TO HOI.D the same unto the Grantee, together with the right to
enter upon said land to place, excavate and take materials for the purpose of
constructing, operating and maintaining drainage thereon.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dale first written above.
VINEYARDS DEVELOPMENT
CORPORATION
BY: M~~
President & CEO
County of Collier }
State of Florida }
The ~_~.~..ore~oing instrument was acknowledged before me on the _? ~ '~ d=v ~f
~, 1997, by Michel Saadeh, President & CEO, of Vineyar'""'~d;-'-
Development Co~oration, a Florida Co~oration, who is pemonal~ kn~n to me.
/ o~'~
COASTAL
ENGINEERING
CONSULTANTS
INC
lzu 1
AUGUSTA FALLS
PROPOSED 15" WIDE DRAINAGE
DESCRIPTION
A 12fieen (15) foot strip of land lying in that part of Tract 'C" of Augusta FalIs, a subdivision
recorded in Hat Book 27, Pages 51 and 52 of the Public Records of C. oilier County, Florida
being descn'bed as follows:
Commencing at the southeast comer of said Tract "C" nm S660'35'53"W along the southerly
line of said Tract "C" and the northerly Hght-of-way line of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence continue a.long said line S66~35'53"W 41.76 feet;
thence leaving s~id line S87'38'57"W 13223 feet to the westerly line of said Tract
thence along said line N23024'07"W 16.07 feet; thence N87°38'57"E 170.21 feet to the
POINT OF BEGINNING.
The above descn'bes an area of approximately 2,319 square feet of land.
Subiect to e~ements, res~c~ons and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
F O mT_ T ON NO. LB
Professional Surveyor and Mapper
Florida Cert~cate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: .r'-z:r. ~-~
3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 · (941) 643-2324 * FAX (941) 643-I 143
1
\
\
,
EASEMENT
THIS EASEMENT, made and entered into this ~ day of ~
1997, by Vineyards Development Corporation, a Florid'~-'~"rporatiort, whose/mailing
address is 98 Vineyards Boulevard, Naples, Flodda 34119, it~ successo~ and
assigns, as Grantor, lo COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamlaml Trail East, Naples, Florida 34112,
successors and assigns, as Grantee.
WITNESSETH:
Grantor, f~ and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by Grantee, the receipt and su'l~ciency of which Is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for drainage purposes on the followfng desoHbed
land located in Collier County, Florida, to wit:
See attached Exhibit "A' which is
incorporated herein by reference.
Subject !o easements, restrfcflons and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, Iogether with the right to
enter upon said land to place, excavate and take materials for Ihe purpose of
constructing, operating and maintaining drainage thereon.
IN VVI-I'NESS WHEREOF, the parties have executed this Agreement on Ihe
date first written above.
VINEYARDS DEVELOPMENT
CORPORATION
Michel Saadeh
President & CEO
County of Collier }
State of Florida }
The fore oing instrument was aci(nowledged before me on the ,, l
~' 199 ~ day of
~, 7, by Michel Saadeh, President & CEO, of Vineyards
Development Corporation, a Florida Corporation, who is personally known 1o me.
~ '--'.,~'~'q~J~r ~' cemm~to~ No. CC J~N,247 ~'
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
12C 1
C~ En~ne~r~
AUGUSTA FALLS
PROPOSED 15' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (15) foot strip of land lying in that part of Tract "C' of Augusta Fall% a subdivision
recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Collier County, Florida
being descn'bed as follows:
Commencing at the southeast corner of said Tract "C' nm S66"35'53'5V along the r, outherly
line of said Tract "C' and the northerly Hght-of-way line of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence continue along said Iine S66"35'53"W 41.76 feet;
thence leaving said line S87°38'57'W 132.23 feet to the westerly line of raid Tract "C';
thence along said line N23°24'07"W 16.07 feet; thence N87°38'57'E 17021 feet to the
POINT OF BEGINNING.
The above descn'bes an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, 12qC.
FLO~RIZATION NO. LB 2464
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: .r'-z3. ~
3106 S. HOE~SESHOE DI~IVE · NAPLES, FLORIDA 34104 · (94 !) 643-2324 · FAX (941) 643-1143
12C 1
I0
/
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/
/
/!
ROBERT F. ROGERS
Attorney At L~
98 Vineym'ds Boulevard
Naples. Florida 34119
(941) 353-1973
FAX (941) 45:5-50:57
July 2, 1997
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Re: Easement Dedication
Ladies/Gentlemen:
This opinion is only for the sole and exclusive use of the above addressee.
I have examined record title for the property identified on attached Exhibit A and the
property is presently owned by Vineyards Development Corporation and First Union
National Bank f/k/a Fidelity Bank, National Association has a secured interest in the
property. All of First Union National Bank's (f/k/a Fidelity Bank, N./L) secured interest
have been subordinated to the interst of Collier County described on the
Subordination attached as Exhibit B.
RFR:Id
enclosures
robert~develop~vdc~opinion.let
Sincerely,
~//c be rt~'~. RF. Rogers
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
AUGUSTA FALLS
PROPOSED I~' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (15) foot strip of land lying in that part of Tract 'C' of Augusta FAIL% a $ulxi/virdon
r~ corded in Plat Book 27, Page~ $1 and 52 of the Public Records of CoRier County, Florida
being dc.~m'bed as follows:
Commencing at the southeast comer of said Tract "C' nm S66"35'53'W along the southerly
llne of said Tract 'C' and the northerly dght-of-way line of Arbor Boulevard for I00.16 feet
to the POINT OF BEGINNING; thence continue along said line S66"3Y53'W 41.76 feet;
thence leaving said llne S87°38'ST'W I32/3 feet to the westerly line of ~aid Tracz "C';
thence along said line N23°24'07'"vV 16.07 feet; thence N87°38'57'E 170.21 feet to the
POINT OF BEGINNING.
The above describes an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEE~G CONSULTANTS, INC..
Professional Surveyor and Mapper
Flor/da Cert/ficate No. 5295
NOT VALID WITHOUT THE SIGNATLrRE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC ~ NO. 96.065
DATE SIGNED: ~'-z2. ~-;
3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 . (941) 643-2324 * FAX (941) 643-I 143
I
I
I
I
I
12C
120
SUBORDINATION
THIS SUBORDINATION given Ibis ..~._ day of..~., ,,, ~ 1997, by First
Union National Bank f/k/a Fidelity
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its
successors and a~slgns, whose mailing addresa ia .3.3f}1 T~miaml Trial F~I. Naple~.
Florida 34112 ("Collier
WITNESSETTt
WHERFAR, Bank ia the owner and holder of the secured ~s Fmted on
Exhibit A which is hereby inco~x~ated by r~farence (collectively, It~ 'Modgages")
encumbering the premises legall,f described therein (the "Erx:t.J'nbered Propell,~; end
WHEREAS, Collier Count,/has requested and received from Ihe fee simple
owner of the Encumbered Pn:~rty a ~ of an easement for drainage (the
"Easemerff") over, under, on and across a portion of the Encurnbered Propert~ legally
described in Exhibit B attached hereto and incorporated herein, by virtue o1' this
refefenc~ (tl~ "Pro1:~'ty~; and
WHEREAS, Collier County has requested thai Bank subordinate the Mort~leges
to lhe interest Ihat Collier County has in Ihe Prope~ Io which request Bank has agreed.
NOW. THEREFORE, in conalderaflon of Te~ Dolla~ ($10.00) and olher good
and valuable caoslderation, lite receipt and sufficiency of which are hereby
acknowledged, the Bank does hereby subordinate the r~,n held by it es represented by
the Morlgages to the r~hl~ held by Collier Courtly by virtue of the Easement. This
sutxx'dinalion shall run only to Ihe Properly and only in favor of Collier County or am/
oth~- r~leted go, vomftl~ttad entJ~, it beir~ tr,~3re'~sly inteoded thai ~ I~ ~ubofdinat.
ed to Collier Courtly, the Mortgages shall remain olhemtise in full fon:e end effect.
IN WITNESS WHEREOF, Ihe undee~igned has executed this Subordination on
the data firat written above.
Commonwealth of Pefmm/~vania }
FIRST UNION NATIONAL BANK f/X/a
FIDELITY BANK. NATIONAL ASSOCIATION
TI~.. rore~olng instrument wa] acknowledged before me on the .~'~' da,/ur
Union N~tional Bank f/k/a Fidelity Bank, National A~J~:)ctation, who ti, Pem, onally
known to me or who produced
_. ·
/// No~ry, J~lbli~
TOTP~.
COASTAL
ENGINERING
CONSULTANTS
INC
~UGUSTA FALLS
I~OPO~U~ 1~ W]Dg DRAINAGE ~
D~O~
A ~e~ (~ f~t ~p ~ ~ ~ ~ ~t ~ ~ Tr~ '~ o~ ~ F~ ~ ~ou
~ ~d ~ fo~
~~ at ~ ~ ~ of ~ T~ ~ ~ ~y~ ~ ~ ~r~
to ~ ~ OF ~~ ~ ~ ~ ~d ~ ~5~ 41.76 f~
~m ~ ~ ~ ~4~ 1~ ~ ~ N~ 17021 f~ m ~
.
Pr~o~ ~ ~ ~r
N~ V~ ~0~ ~ ~GNA~E ~
~ ~OR ~ ~
3}06 $. I..IO{i$[~ ffi ,, NA/~E$. FLC}I?IOA 34104 · (941) 643-2324 ,, FAX (941) 643-114'1
fl
120 '!;
SUBORDINATION
THIS SUBORDINATION given thins ~ day of ,J u ~ (-' .,1997, by First
Union Nationa~ Bank f/k/a Fidelity Bank, NaMOnal
COLLIER COUNTY, A PoLrrlc~d. SUBDIVISION OF 'rile STATE OF FLORIDA, its
t~ucce~.o~ and ~ssign$. whoae mailing addres~q
Fkxtda 34~12 ("Collier County").
W1TNESSETH
Exhibit A which is hereby incaqx3'aled by referm'-.~ (coflecfiveh/, file
encumbering the prer~e~ ~lt~ ~sc~hed ~rein (the "Encu~red Propmly'); and
WHERF-..4LS, co~r~ ~ has rmues~ed and receded from the fee simple
owner of the Encumbered Prooerty a conveyance of an easement for drainage
described in Exhibit B attached hereto ar'KI tnco~a~ed herein, by virtue of this
WHEREAS, ~ ~ has reque~ ~ Bank ~Jbon:linate the Mortgages
NOW, ~EREFORE, ~ ~~ ~ T~ ~ ($10.~) ~ ~ g~
a~ val~b~ ~a~, ~ ~ ~ ~ ~ ~ ~
t~ M~ ~ ~ ~ ~ ~ Cofl~ ~ ~ ~ ~ ~ E~. ~
~ Io ~11~ C~, ~ ~ ~ff m~ o~ in ~11 f~ a~ ~
IN ~ESS ~EREOF, ~ ~~ ~ ~ ~ S~t~ ~
C, on~onweaith of Pe~{nsyfvania }
FIRST UNION NATIONAL BANK f/k/a
FIDELITY BANK, NATIONAL ASSOCIATION
~2C 1_'
TOT~.. P.~
12C 1
COASTAL
ENGINEERING
CONSULTANIS
INC
AUGUSTA FALLS
PROPOSED 1.9 WiDE DRAI~ACE
A fifteen (1 ~ foot m'ip of land ~ng in that part of Tra~ 'C' of Au~uta FaI~ a subdivision
re. axded in Pht Book 27, l~ge~ 51 and 52 of t~ Public Records of Col~er Count,,
Commc--~i~ at the s~ath~s.~ corner of ~a~d Tract "C'
li~ of ~ T~ ~ ~ ~ ~ d~t~ I~ of~ ~ f~ 1~.16 f~t
to ~ ~ OF B~~ ~e~ ~n~e ~o~ ~d ~ ~53~ 41.76 f~
~~~~~~f~tto
~ ~g ~ ~ ~4'~ 16.~ f~t; ~ N~5~ 170~1 fcct ~ ~c
The abov~ dcsa0~es tn ~ o£ appro~dmately 2,319 s~raa~e f~t ef land.
Subject ~o e~m~n~ re~ztc~um ~ ;~ervatlom of rword.
COASTAL ENGINEERING CONSULTANTS, INC.
F'LO~ BUSI~'ESS AUTHORIZATION NO. LB 2464
Prof~,aionil Surveyor a=d Mapl~r
Flodd~ C. er,,Jfi~ No. 5295
NOT VALID WITHOUT TH~ ~IGNATURE AND
Tim OI'~GI:NAL RAISED ~ OF A FLORIDA
LICENSI~D SUR~ffYOR AHD MAI'PER
DATE SIGHEI~..r'-z~'.~
3106 q. I-.K2)I~SHOE DRIVE · NAPLES. F'LOIIl~A ..%4 I04 ,, (94 I) 64~232d · FAX (gal)
1
I
fJ
LIST OF ABUTFING AND OTHER PROPERTY OWNERS
WITHIN 250 FEET OF THE PROPOSED VACATION
Vineyards Development Corporation
98 Vineyards Boulevard
Naples, Florida 34 i ! 9
~Le~, FL 339&O
12C
BOARD OF COUN~ C~XSSXOI~RS
ATTN: IU, NCY SALOGL~
PO BOX 413~16
NA~L~S FL 3~1Crl-34716
REFERENCE: 001230 70o~r?
NOT%CE OF PI~LIC HEA
State of FLor$c~m
County of ColLter
Before the undersSgrmd authority, per~tty
tn Collier ~ty, FI~t~:
~r ~ ~t~ t(mt~
Afftmt furt~e ~m t~t t~ ~td ~te* ~tty
N~* t* m ~r ~t~ at ~te*~ tn ~td
CoLtter C~ty, FLort~, ~ t~t t~ ~td
~r MI ~retof~e ~ ~ti~ty
~t?~ tn
~tter at t~ ~t
d$gc~t, r~te, ~1~s1~ ~ ref~ for t~
~r~se of ~e;ur$~ thts ~e~ts~t for
AD SPACE: &9.(XX) INCH
FILED OH: 08/18/97
Sutacrtbed before m~ this ~t day of
; /
120 1"
RESOLUTION NO. 97- 337
RESOLUTION FOR PETITION AV 97-014 TO VACATE
TRACT "C" (LANDSCAPE AND DRAINAGE EASEMENT)
LOCATED ON A PORTION OF THE PLAT OF AUGUSTA
FALLS AS RECORDED IN PLAT BOOK 27, PAGES 51 AND
52, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Daniel DeCesare, as agent
for owner, Vineyards Development Corporation, does hereby request the vacation Tract "C'
(landscape and drainage easement) located on a portion of the Plat of Augusta Fails as recorded in
Plat Book 27, Pages 51 and 52, inclusive, of the Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a
portion of said plat as more fully described below, and notice of said public hearing to vacate was
given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or
right of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, lhat the following be and is hereby
vacated:
See Exhibit "A" attached to and incorporated herein
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the drainage easement, more
particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted
as the replacement easement for the drainage easement vacated hereupon.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified
copy of this Resolution in the Public Records of Collier County, Florida and to make proper
notations of this vacation on said plat.
~ i., This Resolution adopted after motion, second and majority vote favoring same.
DATED:
' ATTESt':
DWIGHT E. BROCK, Clerk
' "A..qPi'0yO',~;t6 form and legal shfficiency:
Heidi F. Ashton
Assistant County Attorney
RM/tm/072397/Reso AV 97-014.doc
BOARD OF COUNTY COMMISSIONERS
COLLI~ZI~COUNTY, FLORID. A/
TIMOTHY~ ~ANcoCK, Chairman
2221017 OR: 2342 PG: 3059
nC BI 21.5t
COPIll
letn:
1240
COASTAL
ENGiNEERiNG
CONSULTANTS
INC
120
AUGUST~ F~LLS
TRACT "C" (LANDSCAPE A=ND DRAINAGE EASEMENT)
DESCRIPTION OF L~DS TO BI;'. VACATED
Tract "C" of Augusta Falls, as recorded in Plat Book 27, Pages 51 and 52 of the Public
Records of Collier County, Florida
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
FI~A BU~IZATION NO. LB 2464
~ ~.. Ewing, . . .; :.~:,. :..,
Profe~ional Surveyor and Mapper ' "'-
Florida Certificate No. 5295 . .,::-'' :i: '
NOT VaUD wrmotrr THE SIGNA,u~,=,,~,'.'_ :
THE ORIGINAL RAISED SEAL OF A F1X)RIDA ' .... ·
LICENSED SURVEYOR AND MAPPER ' 5 :. '
CEC FILE NO. 96.065 ";' .... ": ~'
DATE SIGNED: .C-z-7 -~ 2
/
3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 · (941)643-2324 * FAX (941)643-1 t43
/
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12C
EASEMENT
THIS EASEMENT, made and entered into this day of
1997, by Vineyards Development Corporation, a Florida corporation, whose/mailing
address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and
assigns, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpelual, non-exclusive easement for drainage purposes on the following described
land located in Collier County, Florida, to w~t:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions and resen/ations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land to place, excavate and lake materials for the purpose of
constructing, operating and maintaining drainage thereon.
IN VVITNESS WHEREOF, the parties have executed this Agreement on the
date first written above.
VINEYARDS DEVELOPMENT
CORPORATION
Michel Saadeh ]
President & CEO
County of Collier }
State of Florida }
The for__egoing instrument was acknowledged before me on the ~ dav of
?~.~---~Z~, 1997, by Michel Saadeh, President & CEO, of Vineyards '
Developrr~ent Corporation, a Florida Corporation, who is personally known to me.
ro~deve~p~~ ~ < . .. r~ <~-- &
COASTAL
ENGINEERING
CONSULTANfS
INC
AUGUSTA FALL~
PROPOSED 15' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (15) foot strip of land lying ~n that part of Traa "C" of Augtma Falls, a subdMsion
recorded in Plat Book 27, Pag~ 51 and 52 of the PuNk Recor& of Coil/er County, Florida
being de.sm'bed as follows:
Commenc~g at the southeast corner of sa~d Traa "C~ run S66~5'53~V along the southerIy
line of sa~d Traa 'C~ and the northerly Hght-of-way l~ne of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence cont~ue along sam line S66°35'53"W 41.76 feet;
thence leaving sa~d Nne SS'7°38'5T'W 132.23 feet :o the westerly ILue of sam Traa
thence a. long sa~d line N23°24'0'~W 16.07 feet; thence NS~38'5TE 170.21 feet to the
POINT OF BEGINNING.
The above describes an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, [NC.
FLO~ BUSINESS AI/ITIORIZATION NO. LB 2464
Professional Surv~or and Mapper
Florida C.e~ficate No. 5295
NOT VALID wrrHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: ~'-z:~. ~-)
o
3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143
120
1
EASEMENT
THIS
entered
/ .
EASEMENT, made and into this day of /-// ,
1997, by Vineyards Development Corporation, a Florida corporation, whose/mailing
address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and
assigns, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
VVITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for drainage purposes on the following described
land located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land to place, excavate and take materials for the purpose of
constructing, operating and maintaining drainage thereon.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date first written above.
W~'fiess u.~.~'~,~/ A.
VINEYARDS DEVELOPMENT
CORPORATION
Michel ~aadeh
President & CEO
County of Collier }
State of Florida }
The forec~oing instrument was acknowledged before me on the ~,~ '// day of
_'-('-'~? ~/ , 1997, by Michel Saadeh, President & CEO, of Vineyards
DeveloprrCent Corporation, a Florida Corporation, who is personally known to me.
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
AUGUSTA FALLS
PROPOSED 15' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (i5) foot strip of land lyi~ ia that part of Tract 'C of Augusta Fails, a subdivision
recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Collier County, Florida
being described as follow~:
Commencing at the southeast comer of said Tract 'C' run S66°35'53'W along the southerly
line of said Tract "C' and the northerly right-of-way line of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence continue along said line S66°35'53%V 41.76 feet;
thence leaving raid llne S87°38'5~ 13233 feet to the westerly line of said Tract 'C';
thence along said line N23°24'07~/ 16.07 feet; thence N87°38'57"E 170.21 feet to the
POINT OF BEGINNING.
The above descn"oes an area of approximately 2.319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, [NC
FLO~ BUSIN~ A__UTHORIZATION NO. LB 2464
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: ~-z~. ~?
-/
3106 S. HOI',GESHOE DRIVE ,, NAPLES, FLORIDA 34104 * (941) 643-2324 · FAX (941) 643-1143
0000000o
~0~0~
JL~30-'l~ 15:55 PR~ Ult~fY~;~P5 [~L~fLG~ ~0 1215~193
2221019 OR: 2342 PG: 3068
13C01~I~ in OfHCI~. I~001~ o! ~lU. ln (:~J11, t
~ ~ 11.5l
le~:
714J
SUBORDINATION
THIS SUBORDINATION given this 5c'r~ day of -] ~, ,t ~,1997, by First
Union National Bank f/k/a Fidelity Bank, National Assoc]atJon, ("13anK"}, ~n favor ot
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its
succeGsors and assigns, whose mailing address i.q 3.301 Tamiami Trial Fsst. N,aple.~.
Florida 34112 ("Collier County").
WITNESSETH
WHERFAS, Bank is the owner and holder of the secured instruments listed on
Exhibit A which is hereby incoq3orated by reference (collectively, the "Mortgages")
encumbering the premises legally described therein (the "Encumbered Property,; and
WHEREAS, Collier County has requested and received from the fee simple
owner of the Encumbered Property a conveyance of an easement for drainage (the
"Easement") over, under, on and across a portion of the Encumbered Property legally
described in Exhibit B attached hereto and incorporated herein, by virtue of this
~eference (the "Property"); and
WHEREAS, Collier County has requested that Bank subordinate the Mortgages
lo the interest that Collier County has in the Property to which request Bank has agreed.
NOW. THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideraUon, the receipt and suffmiency of which are hereby
acknowledged, the Bank does hereby subordinate the lien held by il. as represented by
the Mortgages to the rights held by Collier County by virtue of the Easement. This
subordination shall run only to the Property and only in favor of Collier County or any
other related govommcntal entity; it being expressly intended that except as subordinat-
ed to Collier County, the Mortgages shall remain otherwise in full f~ce and effect.
IN WITNESS WHEREOF, the undersigned has executed this Subordination on
the date first written above.
Commonwealth of PeMnsylvania }
FIRST UNION NATIONAL BANK f/k/a
FIDELITY BANK, NATIONAL ASSOCIATION .....
TI~ foregoing instrument wa acknowled ed before me on the /5~ day uf
Union National Bank f/Wa Fidelity Bang, National Association, who is ~ersonalht
known to me or who produced ~
-- · ~ .. ',. ;.: .';.
/// N rV2 'i .. ,~..::,::"-.
fobert~levmiop~vdc~drainage~ub ~Y' / _ 5: ~':! ' '
r ~ I ,~-r .... /-- · - ' '":." - '
/ ~m 'L- ~'~m,.-~o~.~
/ c~,,~,~.~,,,, co,.~ I ~,4. /.-/r/..' : ......'..,'
t ,.'_ ' ....... '"'
'q.~s istant"Cou~(~ m
]UN-3i~-lU/~? 15:b7 PF~.II'I UIh~YP~,TD~ D~.UELDP lO
12C
0
TOT~:&.
OR: 2342 PG: 3070
12C 1
COASTAL
ENGINEERING
CONSULTANTS
INC
AUGUSTA FALLS
PROPOSED 1,9 WIDE DRAINAGE EASEMENT
DF.,SCRIF~ON
A fif~ee,~ (~ .~) foot sWip of land lying in that part of Tract 'C' of ~ Fal~ a sulxlivision
recorded in Plat Book 27, Pages $1 and 52 of thc Public Records of Collier Courtly, Florida
Coum~cin~ at thc southc~'t cor~'r of m/d Tract "C ~ ~Y~3~ ~ ~ ~r~
1~ of ~d T~a '~ ~d ~ ~ly ~t~f-~ 1~ of ~r ~ for 1~.16 f~
w ~e ~ OF B~G; ~e~ wn~e do~ ~d ~e ~5~ 41.7~ f~q
~ ~ ~d ~ ~5~ ~ f~t ~ ~ ~ ~ of ~d T~ ~
~en~ ~ong ~d ~ N~'~ 1~ f~t; ~ N~~ 1702.1 ~t ~ ~
~ OF BEG~G.
The above de,scribes an area of a~rc~cimately 2~319 square feet of land.
Su~rjea w ea.~men~, r~u-i~/om md rc~crvafion~ of r~cord.
COASTAL ENG~G CONgULTAN'I~, INC.
FLOR]I~ BUSINF.~ AUTHORIZATION NO. LB
Professional Surv~or and Mapper
Fbrida CertiSca~e No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
TI.I~ ORIGINAL RAISED gF_,AL OF A FLORIDA
LICENSED SURVEYOR AND
CBC FILE NO.
DATE SIGNED: .r-z3'. ~-~
3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (94I) 643-2324 ,' FAX (941) 643-I 143
ROBERT F. ROGERS
Attorney At Law
98 Vineyards Boulevard
Naples, Florida 34119
(941) 353-1973
FAX (941 ) 455-5057
July 2, 1997
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Re: Easement Dedication
Ladies/Gentlemen:
This opinion is only for the sole and exclusive use of the above addressee.
I have examined record title for the property identified on attached Exhibit A and the
property is presently owned by Vineyards Development Corporation and First Union
National Bank f/~Ja Fidelity Bank, National Association has a secured interest in the
property. All of First Union National Bank's (f/Ida Fidelity Bank, N.A.) secured interest
have been subordinated to the interst of Collier County described on the
Subordination attached as Exhibit B.
RFR:Id
enclosures
roberttdevelop\vdc~3pinion.let
Sincerely,
~o~e~F. Rogers
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
12C 1
AUGUSTA FALLS
PROPOSED 1~ WIDE DRAINAGE F. AS~
DESCRIPTION
^ fifteen (15) foot strip of land lying in that part of Tract "C' of Augusta Falh, a subdivision
recorded in Plat Book 27, Page$ 51 and 52 of the Publ/c Records of Collier County, Florida
being de. scn'oed as follows:
Commencing at the southeast corner of said Tract "C' nm S66~35'53~t' along the southerly
line of said Tract 'C' and the northerly fight-of-way l/ne of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thenc~ continue along said line S66035'53'W 41.76 feet;
thence leaving said line S87°38'57~/ 13223 feet to thc westerly line of said Tract
thence along said line N23°24'0T~ 16.07 feet; thence N8'7°38'5~ 170.21 feet to the
POI2qT OF BEGINNING.
The above dcscn'be$ an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
Professional Surveyor and l~pper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: .c-z:r.
3106 S. HORSESHOE DRIVE * NAPLES. FLORIDA 34104 *, (941) 643-2324 *, FAX (941) 643-I 143
/
I
I
I
/
/
I
I
I
I
I
I
I
I
SUBORDINATION
THIS SUBORDINATION given this__,~'~' day of ,./c~ J~ ~'. _,1997, by First
Union National Bank f/Ida Fidelity Bank, National Assoc~atJon, ("BanK"), in tavor ot
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its
succe~sor~ and assigns, whose mailing addres~ i.~ :2,301 T~miami Trial F~=.st, N~ple.,~,
Florida 34112 ("Collier County"}.
WITNESSETH
WHERFA.C~, Bank is the owner and holder of the secured instruments listed on
Exhibit A which is hereby incorporated by reference (collectively, the "Mortgages")
encumbering the premises legally' described therein (the "Encumbered Property"); and
WHEREAS, Collier Count7 has requested and received from the fee simple
owner of the Encumbered Property a conveyance of an easement for drainage (the
"Easement") over, under, on and across a portion of the Encumbered Property legally
described in Exhibit B attached herelo and incorporated herein, by virtue of this
feferer~e (the "Property"}; and
WHEREAS, Collier County has requested that Bank subordinate the Mortgages
to the interest that Collier County has in the Property to which request Bank has agreed.
NOW, THEREFORE, in consideration of Ten Dollar~ ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Bank does hereby subordinate the lien held by it as represented by
the Mortgages to the rights held by Collier County by virtue of the Easement. This
subordination shall run only to the Property and only in favor of Collier County or any
other related govommcntal entity;, it being expressly intended that except es subordinat-
ed to Collier County, the Mortgages shall remain otherwise in full force and effect.
IN WITNESS WHEREOF, the undersigned has executed this Subordination on
the date first written above.
FIRST UNION NATIONAL BANK f/k/a
FIDELITY BANK, NATIONAL ASSOCIATION
Commonwealth of Per~nsylvania )
TI~ roregotng Instrument wa~ acknowledged before me (m the
kUnownnion N. ational I~.k f/k/a Fidelfty B~_ n)<, National Association, who is pemonally
to me or who produced
.. ·
L ",
TOT~L. P. ~
120 I
COASTAL
ENGINEERING
CONSULTANTS
INC
AUGUSTA FALLS
PROPOSED 1~ ~/Dg D~E
A ~'tee~ (15) foot st~'iP of land ly~n~ In that pm-t of Tract .C. ofA.u~nsta ya~, a subdivision
~.corded in Plat Book 27, Pat~ $1 and 52 of the Public Record~ of CoR~r County, Florida
Commencing at ~¢ sovth~ast corn~- of said Tntct "C" n~n S66~5'53"W ,tong th~ southerly
lithe of r~ld Tract 'C' ~nd the northerly r~ht-oi'-v~y line of Arbor Boulevard for 100.16 feet
to the POII~T OF SEGI~flNG; thence con,hue a~ong sa~d lb~ S66~5'53'W 41.76 feet;
t~ence leaving said ~ ,~/~$'STW 1~2.23 fe~t to the v~terly ~ of sa~d Tract %";
thenc~ along ~.[d ~ NZ3~24'07"W 1~.0'/feet; tl~nce N~57~E 170.21 fcct to thc
POINT O1: BEGI~q~G.
~ ~ove desa-R~ aa area o[ nppro.~nately 2,3:I9 ~ta~e feet of bad.
Sub, oct to e.n.~men~, rc~'lct~om ,,,,d rc~¢rvatior~ of record.
Profcr~on~l Surveyor ~nd
Flor~d~ Cert~ca~ No. 5295
NOT VALID WITHO~ THE SIGNATURE AND
TII~ ORIGINAL IL~J~D
I.rCENSED SURVEYOR
CEC FR.E NO.
3106 S. HORSESHOE DI?IVE · NAPLES, FLOR/DA 34104 · (941) 643-2324 ,' FAX ('941) 643-I 143
12C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: C~erk to the Board: Please place the following u a:
x Normal legal Advertisement CI Other:
(Display Adv., location, etc.)
OriginatingDept/Div: Office of Utility Regulafion Person: D.E."Blen"Wallace Date: 8/6/97
Petition No. (If none, give brle f description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
August 26, 1997
[] Legally Required
Hearing before X BCC BZA Olber
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (Complete only if important):
x Naples Daily News [] Other
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition{s), if any & proposed hearing date:
Doe.$4~etition Fee include advertising co~t? [] Yes {'-I No If Yes, what account should be charged for advertising costs:
//[Ji~si&fi I~ac[- Date County Manager Date
List Attachments:
DISTRIB N NSTR ONS
Ao
For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
[] Oriljnal
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE Ofi'?./Y:.
DatcReceived:~ DatcofPublichearing:.~_~ DateAdvertised:ff.~_~/o'
12C 2'
NOTICE OF PUBLIC IlEARING
NOTICE is hereby given that thc Board of County Commissioners of Collier County
will hold a public hearing on August 26. 1997, in thc Boardroom, 3'~ Floor,
Administration Building. Collier County Government Center. 3301 E. Tamiami Trail,
Naples, Florida 34112. The meeting will begin at 9:00 A.M.
Thc purposc of thc hearing is to consider thc adoption of an Ordinance amending
Ordinance 96-6, the "Utility Regulatory Ordinance," by amending Subsection (E) (2) of
Section I-3 of Collier County Ordinance No. 96-6, as amended, to modify criteria for
selection and appointment of lay members to the Collier County Water and Wastewater
Authority.
All interested parties are invited to appear and be heard. Copies of the proposed
Ordinance are available for public inspection in the Clerk to the Board's Office, 4a Floor,
Administration Building, County Government Center, 3301 East Tamiami Trail, Naples,
Florida, between the hours of 8:00 A.M. and 5 P.M., Monday through Friday. Any
questions pertaining to these documents should be directed to the Office of Utility
Regulation, Suite 203, Administration Building, County Government Center, 3301 E.
Tamiami Trail, Naples, Florida. Written comments filed with the County will be
considered by Staff, and by the Board, and will be part of the record for public heating.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he/she will need a
record of the proceedings, and for such purpose he/she will 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/EIlie Hoffman, Deputy Clerk
(SEAL)
2C
2
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.liilllliilllllilillilllilllillililllllllllllillllilllillliilllli
August 7, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider an amendment to
the "Utility Regulatory Ordinance-
Dear Judi:
Please advertise the above referenced notice one time on
Friday, August 15, 1997, and send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
Purchase Order No. 702617
12C 2
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, AUGUST 26, 1997 in the
Boardroom, 3rd Floor, Administration Buildi~nty
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 96-6, AS AMENDED, THE
"UTILITY REGULATORY ORDINANCE., BY AMENDING SUBSECTION (E) (2) OF
SECTION 1-3 THEREOF TO MODIFY CRITERIA FOR APPOINTMENT OF LAY
MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE
DATE.
All interested parties are invited to appear and be heard. Copies
of the proposed Ordinance are available for public inspection in the
Clerk to the Board's Office, 4th Floor, Administration Building, County
ve nment 9e t {, 3301 East Trail, Naples, Florida, between
ne nours or ~:00 A.M. and 5 P.M., Monday through Friday. Any
questions pertaining to these documents should be directed t the Office
of Utility Regulation, Suite 203, Administration Building, County
Government Center, 3301 E. Tamiami Trail, Naples, Florida. Written
comments filed with the County will be considered by Staff, and by the
Board, and will be part of the record for public hearing.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and ther
to ensure tha · . efore, may need
t a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
· 12C 2
ORDINANCE NO. 97-
AN (~RDINANCE AMENDING ORDINANCE 96-6, AS
AMENDED, THE "UTILITY REGULATORY
ORDINANCE," BY AMENDING SUBSECTION (E) (2)
OF SECTION 1-3 THEREOF TO MODIFY CRITERIA
FOR APPOINTMENT OF LAY MEMBERS TO THE
COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN
THE ~CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has determined that is in the
best interests of the public's health, safety, and welfare, that the criteria and requirements
for qualifications for appointing law members to the Collier County Water and
Wastewater Authority be modified.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendments to Section I-3 of Collier County Ordinance No. 96.6.
Subsections (E) (2) of Section 1-3 of Collier County Ordinance No. 96-6, as
amended, is hereby amended to read as follows:
SECTION I-3. COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY; POWERS AND DUTIES.
E. Members of the Authority, The Authority shall consist offive (5) members
appointed by the Board. Three (3) members shall be technical members and two (2)
members shall be lay members. Applicants who are customers ora regulated utility shall
be preferred. The Board, collectively, shall appoint all members. More than one (I)
member may be appointed from the same area of expertise. No Board member has any
individual power of appointment.
1. Each technical member shall be appointed based on individual expertise in
one (I) or more of the following areas:
(i) Engineering: with experience in water and sewer systems;
(ii) Executive experience in finance, accounting, rate-making, and/or
utility regulation; or
(iii) Business administration.
2. The lay members shall be appointed on the basis of individual civic pride, and
integrity.. AIthomzh applicants for a lay member's seat need n0i ~ have
experience in any area of relevant utility service and management, rate-
making, utility regulation, or other endeavors, ~.:),
,~ u~ ::p::!a!!y u.._e~:~, ,~ ,~ c. .... :~_:~ ~r ,u_ ^..,~.~..:.y !ay
..................... prefer ............. g
members may be appointed from the same areas of expertise as technical
members.
SECTION TWO: CONFLICT AND SEVERABILITY
If any -~ection, phrase, sentence or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shah not affect
the validity of the remaining portions thereof.
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 relettered to accomplish ~ueh, 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
ATTEST:
DWIGHT E. BROCK,
CLERK
day of ,1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
ThOmas C. Palmer
Assistant County Attorney
By:
TIMOTHY L. HANCOCK, Chairman
Words l~nderlin~d are added; word~ :~':k '..%.-:::gh are deleted.
· . 12C 2
80ARD OF COUNTY COIt~ISSIONERS
ATTN: NANCY SAt. CGL~
PO BOX &13016
NAPLES FL
REFERENCE: 0012~0 7~2617
NOTICE OF Ih'TERT TO
County of Cottter
~fore t~ ~rst~ ~rtty, ~r~tLy
o~ar~ O. ~, ~ ~ ~th ~s t~t s~
as the Asstst~t Co.rate Secreto~ of the
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tn CoLLier C~ty, FLort~: t~t t~ ottac~
c~ of t~ ~ertJsa~ ~s ~Lt~ tn ~td
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next prec~ t~ first ~tt~t~ of t~
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further ~s t~t s~ ~s ~tt~r ~td ~e
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PUBLISHED
AD SPACE: ?&.ODD XNCM
FILED O~: C)~/15/97
TO
COLLI THE
i
I~' COM~ ~ CC,5~e787 EXMFES
F~ lg. L~O0
ORDINANCE NO. 97- 40
AN ORDINANCE AMENDING ORDINANCE 96-6, AS
AMENDED, THE "UTILITY REGULATORY
ORDINANCE," BY AMENDING SUBSECTION (E) (2)
OF SECTION I-3 THEREOF TO MODIFY CRITERIA
FOR APPOINTMENT OF LAY MEMBERS TO THE
COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY; PROVIDING FOR CONFLICT AND
SEVER. ABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has determined that is in the
best interests of the public's health, safety, and welfare, that the criteria and requirements
for qualifications for appointing law members to the Collier County Water and
Wastewater Authority be modified.
12C
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendments to Section I-3 of Collier County Ordinance No. 96-6.
Subsections (E} (2) of Section 1-3 of Collier County Ordinance No. 96-6, as
amended, is hereby amended to read as follows:
SECTION 1-3. COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY; POWERS AND DUTIES.
E. Member~ of the Authority. The Authority shall consist of five (5) members
appointed by the Board. Three (3) members shall be technical members and two (2)
members shall be lay members. Applicants who are customers ora regulated utility shall
be preferred. The Board, collectively, shall appoint all members. More than one (1)
member may be appointed from the same area of expertise. No Board member has any
individual power of appointment.
Each technical member shall be appointed based on individual expertise in
one (I) or more of the following areas:
(i) Engineering: with experience in water and sewer systems;
(ii) Executive experience in finance, accounting, rate-making, and/or
utility regulation; or
(iii) Business administration.
Words underlined are added; orals .....:.:_ :&:c"g,l~ are deleted.
The lay members shall be appointed on the basis ofindividual civic pride, an~
integrity. ~plicants for a lay member's seat .n. eed not who have
experience in any area of relevant utility service and management, rate-
making, utility regulation, or other endeavors, .":il! be przfzrr, e~ by the Eea:d
.... ~ ................ prep~ .r,,:,n:;!en!ng -,r ,u~ ^ ..,u~,:~,,: lay
members may be appointed from the same areas of expertise as technical
members.
SECTION TWO: CONFLICT AND SEVERABILITY
If any section, phrase, sentence or portion ofthis Ordinance is for any reason 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 portions thereof.
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 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 thc
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this~.~A/''-~ day of,~.~_, 1997.
'~: DX,¥I~3H~ E- BROCK, BOARD OF COUNTY COMMISSIONERS
CLERK ','
-_2 COLLIER COUNTY, FLORIDA
By:
· ' "'D~9~?/y~lerk ~A.. NCOCK, Chairman
Approved as to form and
legal sufficiency:
Thomas C. Palmer -
Assistant County Attorney
!
12C 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, gollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-40
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to
County Commission
Deputy Clerk
1
C~tLfer C~u~ty, FLorida 11/2~/~-S~0
It~OUEST F~ LEaL ~TISING OF ~LIC
To: CL~rk to the O~: Pte~ pLKe t~ foLL~f~ u z:
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)~n~e & Actress of any ~rs~n(s) :: :~ notified by Clerk's Office:~, I~C.
(If ~re S~Ce ~,
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TOTAL .PGS 16
July 28, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition CU-96-21
Dear Judi:
Please advertise the above referenced notice one time on Sunday, August
10, 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, AUGUST 26, 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
CU-96-21, Geoffrey G. Purse of Purse Associates, Inc., representing
R. H. of Naples, Inc., requesting Conditional Use "1" of the
AGricultural Zoning district for earthmining on property located
1/4 mile east of Greenway Road at the end of Maretee Road, in
Section 7, Township 51 South, Range 27 East, Naples, 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 COMI~ISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
July 28, 1997
Geoffrey G. Purse
Purse Associates, Inc.
10100 Valewood Drive
Naples, Florida 34119
Re: Notice of Public Hearing to consider a Petition CU-96-21
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: R.H. of Naples, Inc.
13A 1
Jull- 28, 1997
R. H. of Naples, Inc.
4500 Executive Drive
Naples, Florida 34119
Re: Notice of Public Hearing to consider a Petition CU-96-21
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti Deputy Clerk
Encl. '
cc: Geoffrey G. Purse
RESOLUTION 97-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF EARTHMINING CONDITIONAL USE "1" IN THE "A"
RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
1.lA 1 :
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "1" of
Section 2.2.2.3 in an "A" Rural Agricultural zone for earthmining on
the property hereinafter described; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Geoffrey G. Purse of Purse Associates, Inc.,
representing R.H. of Naples, Inc., with respect to the property
hereinafter described as:
Exhibit "A" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "1" of Section
2.2.2.3 of the "A" Rural Agricultural zoning district for earthmining
in accordance with the Conceptual Master Plan (Exhibit "B") and subject
to the following conditions:
a) The Planning & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses
identified and approved within this conditional use
application, or major changes to the site plan
submitted as part of this application, shall require
the submittal of a new conditional use application,
and shall comply with all applicable County
ordinances in effect at the time of submittal,
including Division 3.3, Site Development Plan Review
and approval, of the Collier County Land Development
Code (Ordinance No. 91-102).
b) The excavation shall be limited to a bottom elevation
of -13.6 ft. NGVD. All disturbed areas proposed for
lake excavation shall be excavated to a minimum
elevation of -4.0 ft. NGVD.
c) Off-site removal of material shall be subject to the
"Standard Conditions" imposed by the Transportation
Services Division in a memorandum dated 5/24/88
(Exhibit "D".)
d) In order to ensure a minimum of eighty percent (80%)
coverage of the littoral zone planting areas, a
performance guarantee, based on a cost estimate to
replace the original installed littoral zone plants,
will be required upon completion and acceptance of
the excavation (Land Development Code Section
3.5.7.2.5). No Certificates of Occupancy will be
issued until this performance guarantee is submitted.
e) All provisions of Division 3.5 of the Collier County
Land Development Code shall be adhered to.
f) Where groundwater is proposed to be pumped during the
excavation operation, a Dewatering Permit shall be
obtained from the South Florida Water Management
District, and a copy provided to Engineering Review
Services for approval prior to the commencement of
any dewatering activity on the site.
g) No blasting will be permitted unless the petitioner
of this project is issued a separate permit by
Collier County Engineering Review Services.
h) If trees are to be removed as a result of the
excavating operation, a Vegetation Removal Permit,
required by Division 3.9 of the Collier County Land
Development Code shall be obtained from Collier
County Planning and Technical Services before work
shall commence.
i) A 20 foot maintenance easement shall be provided
around the perimeter of the lake and a 20 foot access
easement to it shall be provided from a right-of-way.
The easement shall be accessible to all maintenance
vehicles. Said easements shall be established prior
to initiating any mining activity.
j) No offsite hauling of material shall commence prior
to issuance of.a Collier County Right-of--Way permit.
The following shall.be a condition of the Right-of-
Way pe~mit:F~ ~..'-',. ~o .~ · ..~,',,?~.L f.
" ; .... '" ' -2-' ~' ,' -'.' ' - -.~ '
1)
The Maretee Road shall be constructed pursuant to
the excavation permit plan of record. Said ~
improvements shall be made prior to initiating
any mining activity.
2) Maretee Road sub-base shall be stabilized prior
to initiating any mining activity.
3)
The intersection of Greenway Road and Maretee
Road shall be paved to at least County minimum
standards to the eastern right-of-way line of
Greenway Road. Improvements at U.S. 41 and
Greenway Road shall include left and right turn
lanes. Evidence of FDOT'S intent to issue a
permit prior to initiating any project related
activity. Said improvements shall be made prior
to initiating any mining activity.
4)
During the earthmining operation, Greenway Road
shall be maintained by the petitioner to the
satisfaction of the Collier County Transportation
Services and Development Services Divisions based
on standards normally applied to County
maintained roads.
5)
Upon completion of the earthmining operation,
Greenway Road shall be restored to its present condition
by the Petitioner.
k) This approval does not include any consideration for
Transporting water off of the site.
1)
Mining and stockpiling activities may only occur between
the hours of 8:00 a.m. to 6:00 p.m. Monday thru Friday
and Saturday from 8:00 a.m. to 12:00 noon.
m)
Each mining and related activities shall be terminated
within three (3) years of the effective date of this
development order.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MARJO~I g- ~. STUDENT
ASSISTANT COUNTY ATTORNEY
f/CU-96-21
Purse Associates, Inc.
10100 Valewood Od~e
Napl~, FIo~Ja 34119
597-1047
F~ 5g7-98g2
! I
Legal Description for Lake Excavation Area
Based on Survey by Bruce Green & Associates, Inc.
Portion of the Southeast 1/4 of the Southwest I/4 of Section 7, Township 51 South,
Range 27 East, Collier County Florida; Being more particularly described as follows:
Commence at the Southwest Comer ofsaid Section 7; Thence N. SS 04 05 W.; 1536.61
feet; Thence N. 00 27 52 E.; 200.00 feet to the Point of Beginning; Thence N.00 27 52 E.; 978.00
feet; Thence S. 88 12 47 E.; 736.00 feet; Thence S.00 44 19 W.; 978.00 feet; Thence N. 88 04 05
W.; 736.00 feet to the Point of Beginning.
o
I~A !
-. .' '..o~'r-~T~ .R~Or*:,.O~, ~T~RI~'. · .
:': ;.~',.t~'~'::' ',. :':, .. i: "' :,; "-' '~ · '~ ..! """ i': :":"' ': '" ':'"' !:'' '"'"" ":" "' ""'
~' The intent 'of these ~Stand rd ~ondi~ion'~" are to pr.~vide exCavatiOn
- permit applicants a summary of conditions' which may affect their
projects and which should be taken into consideration d. uring all
'"' stabs'of project development:
1. Haul routes between an excavation site and an artorial road
shall be private with property owner(s) approval or be a public
collector road built to standards applicable to handle the
- resulting truck traffic. Where residential areas front
collector roads, appropriate turn lanes, buffer and bikepath
shall be required as minimal site improvements and if
. recommended for approval, shall be so with the condition that
,~ the Transportation Services Administration reserves the right
to suspend or prohibit off-site removal of excavated-material
should such removal create a hazardous road condition or
substantially deteriorate a road condition; such action by the
Transportation Services Administration shall be subject to
appeal before the Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road
maintenance and road repair or an appropriate fair share' by the.'"
.... permittee in accordance with Excavation Ordinance No. 92-73 and
" '~ Right-of-Way Ordinance No. 82-91.
~ .. 3.. Off-site removal of excavated material shall be subject to
· . Ordinance No. 92-22 (Road Impact Ordinance). A traffic and
road impact analysis shall be made by the county to determine
the effects that off-site removal of excavated material will
have on the road system within the excavation project's zone of
influence' If appropriate, road impact fees in accordance with
Ordinance No. 92-22 shall be paid prior to the issuance of an
excavation permit.
4. The Transportation Services Administration reserves the right
to establish emergency weight.limits on public roadways
affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the
presentation of an applicable resolution before the Board of
County Commissioners. Should weight limits be instituted, the
permittee shall be responsible to implement measure to assure
that all heavy truck loadings leaving the permit's property
conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to ex'c~vat'ion
operations and also the maintenance/repair, of public roads in
accordance with current ordinances and applicable ~rmit
-, stipulations.
JUN I 0 '~Jg?
'13A' 1'
B~d on so£1 borlng infor~atton'per qrdlnance No. g2-7B, a
blasU£ng permit may be appropriate. Should a blasting permit
application be submitted and should residential..areas exist
within one mile of'the excavation site, 'the County reserves the
]right to deny a blastiog permit based'oh concerns for off-site
· impacts from.bi'sting at an excavation site. Should. a blasting
'.i'beEmit be 'considered and.a~proved, the minimum conditions of
- hpproval in addition to conditions per Ordinance No. 92-73' are
as follows:
A~ .Structure inventory/monitoring and applicable property
owner release as required by the Development Services
Director.
B. Security bond applicable to private property damage
acceptable to the County.
Co
Control of size/depth/number of charges per blast by
the Development Services Director.
The right of the County to suspend and/or revoke
blasting permit authority should be determined that
blasting activities are creating unacceptable off-site
conditions either in terms of private property damage
and/or related physical effects of blasting
operations.
No excavation permit shall be issued until receipt of a
release from the Transportation Services Administration
applicable to proper mitigation of off-site impacts,
meeting of applicable provisions of Ordinance No. 82-91,
Ordinance No. 92-22, and Ordinance No. 92-73.
Reference to letter of 5/24/88
Revised 12/92
AGENDA ITEM
JUN 1 0 ]997
Aff$ct. vtt of PubLtc~ttofl
BOARD OF COUNTY CC~qISSIOI~RS
ATTN: NANCY SALOGU~
PO BOX &1~016
NAPLES FL 3z. 1~1-~16
REFERENCE; 0012~ 7n0/,~9
57547/.87 NOTICE OF fl~l-lC HEA
State of FLortda
County of CotLter
ep~.mr~d
a~ the A~stst~t Cor~r~te
Oatty H~,
tn CoLLier C~ty, FLor~:
Afft~t further ~1 t~t t~ ~Jd ~[es ~tLy
CoLLier C~ty, FLort~,
~r ~s ~retofore ~ ~t~ty
~t~ ~n ~td Cottter C~ty, FL~t~,
~tter at t~ ~st office tn ~Le~, tn ~d
Cottter C~ty, ~torJ~, for a ~rJ~ of 1 year
next prec~t~ the
aztnch~
furt~r .ay; tMt ~ Mm Miter ~td ~r
dtt~t, r~te,
~r~m~ of ~ecurt~ tht~ ~trt~t for
PUBI-I~HED C~: 0~/10
AD SPACE: 49.000
FILED Off:
PersonaLLy knovn by me ~ )/~ ' '~i ~ J
/?' ). -.~ Ju~'~ A. Fl~n~,
RESOLUTION 97- 338
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF EARTHMINING CONDITIONAL USE "1" IN THE "A"
RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "1" of
Section 2.2.2.3 in an "A" Rural Agricultural zone for earthmining on
the property hereinafter described; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Geoffrey G. Purse of Purse Associates, Inc.,
representing R.H. of Naples, Inc., with respect to the property
hereinafter described as:
Exhibit "A" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "1" of Section
2.2.2.3 of the "A" Rural Agricultural zoning district for earthmining
-1-
in accordance with the Conceptual Master Plan (Exhibit "B") and subject
to the following conditions:
a) The Planning & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses
identified and approved within this conditional use
application, or major changes to the site plan
submitted as part of this application, shall require
the submittal of a new conditional use application,
and shall comply with all applicable County
ordinances in effect at the time of submittal,
including Division 3.3, Site Development Plan Review
and approval, of the Collier County Land Development
Code (Ordinance No. 91-102).
b) The excavation shall be limited to a bottom elevation
of -13.6 ft. NGVD. All disturbed areas proposed for
lake excavation shall be excavated to a minimum
elevation of -4.0 ft. NGVD.
c) Off-site removal of material shall be subject to the
"Standard Conditions" imposed by the Transportation
Services Division in a memorandum dated 5/24/88
(Exhibit "D".)
d) In order to ensure a minimum of eighty percent (80%)
coverage of the littoral zone planting areas, a
performance guarantee, based on a cost estimate to
replace the original installed littoral zone plants,
will be required upon completion and acceptance of
the excavation (Land Development Code Section
3.5.7.2.5). No Certificates of Occupancy will be
issued until this performance guarantee is submitted.
e) Ail provisions of Division 3.5 of the Collier County
Land Development Code shall be adhered to.
f) Where groundwater is proposed to be pumped during the
excavation operation, a Dewatering Permit shall be
obtained from the South Florida Water Management
District, and a copy provided to Engineering Review
Services for approval prior to the commencement of
any dewatering activity on the site.
g) No blasting will be permitted unless the petitioner
of this project is issued a separate permit by
Collier County Engineering Review Services.
h) If trees are to be removed as a result of the
excavating operation, a Vegetation Removal Permit,
required by Division 3.9 of the Collier County Land
Development Code shall be obtained from Collier
County Planning and Technical Services before work
shall commence.
i) A 20 foot maintenance easement shall be provided
around the perimeter of the lake and a 20 foot access
easement to it shall be provided from a right-of-way.
The easement shall be accessible to all maintenance
vehicles. Said easements shall be established prior
to initiating any mining activity.
j) No offsite hauling of material shall commence prior
to issuance of a Collier County Right-of-Way permit.
The following shall be a condition of the Right-of-
Way permit:
-2-
1)
The Maretee Road shall be constructed pursuant to
the excavation permit plan of record. Said
improvements shall be made prior to initiating
any mining activity.
2) Maretee Road sub-base shall be stabilized prior
to initiating any mining activity.
3)
The intersection of Greenway Road and Maretee
Road shall be paved to at least County minimum
standards to the eastern right-of-way line of
Greenway Road. Improvements at U.S. 41 and
Greenway Road shall include left and right turn
lanes. Evidence of FDOT'S intent to issue a
permit prior to initiating any project related
activity. Said improvements shall be made prior
to initiating any mininq activity.
4)
During the earthmining operation, Greenway Road
shall be maintained by the petitioner to the
satisfaction of the Collier County Transportation
Services and Development Services Divisions based
on standards normally applied to County
maintained roads.
5)
Upon completion of the earthmining operation,
Greenway Road shall be restored to its present condition
by the Petitioner.
k) This approval does not include any consideration for
Transporting water off of the site.
1)
Mining and stockpiling activities may only occur between
the hours of 8:00 a.m. to 6:00 p.m. Monday thru Friday
and Saturday from 8:00 a.m. to 12:00 noon.
m) Each mining and related activities shall be terminated
within three (3) years of the effective date of this
development order.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
ATTE~ST . ,
,~. : :
': '. DWIGHT' E. Bd%CK, CLERK
~PPROVED ~S TO FORM ~ND
LEGAL SUFFICIENCY:
MARJO~Y~ ~. STUDENT
ASSISTANT COUNTY ATTORNEY
f/CU-96-21
B~ARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
~I~OTHY/L.-HANCOCK, CHAIRMAN
Purse Associates, Inc.
Legal Description for Lake Excavation Area
Based on Survey by Bruce Green & Associates, inc.
Portion of the Southeast I/4 of the Southwest I/4 of Section 7, Township 51 South,
Range 27 East, Collier County Florida; Being more particularly described as follows:
Commence at the Southwest Corner of said Section 7; Thence N. 88 04 05 W.; 1536.61
feet; Thence N. 00 27 52 E.; 200.00 feet to the Point of Beginning; Thence N.00 27 52 E.; 978.00
feet; Thence S. 88 12 47 E.; 736.00 feet; Thence S.00 44 19 W.; 978.00 feet; Thence N. 88 04 05
W.; 736.00 feet to the Point of Beginning.
fA~ ~
COLLIER COUI{TY ~RANSPO~ITATION SERFICES
"B ~.R O
~CAV~TION PEP. MIT ~PLICATIONS I~OLVING
OFF-SITE R~O~ OF ~TERI~'.
The intent 'of these %'Standard ~ondition~" are to provide excavation
permit applicants a summary of conditions'which may affect their
projects and which should be taken into consideration 4uring all
stabs'of project development:
1. Haul routes between an excavation site and an arterial road
shall be private with property o~ner(s) approval or be a public
collector road built to standards applicable to h~ndle the
resulting truck traffic. Where residential areas front
collector roads, appropriate turn lanes, buffer and bikepath
shall be required as minimal site improvements and if
recommended for approval, shall be so with the condition that
the Transportation Services Administration reserves the right
to suspend or prohibit off-site removal of excavated-material
should such removal create a hazardous road condition or
substantially deteriorate a road condition; such action by the
Transportation Services Administration shall be subject to
appeal before the Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road
maintenance and road repair or an appropriate fair share by the.'"
permittee in accordance with Excavation Ordinance No. 92-73 and
Right-of-Way Ordinance No. 82-91.
3.. Off-site removal of excavated material shall be subject to
Ordinance No. 92-22 (Road Impact ordinance). A traffic and
road impact analysis shall be made by the county to determino
the effects that off-site removal of excavated material will
have on the road system within the excavation project's zone of
influence. If appropriate, road impact fees in accordance with
Ordinance No. 92-22 shall be paid prior to the issuance of an
excavation permit.
4. The Transportation Services Administration reserwes the right
to establish emergency weight.limits on public roadways
affected by the off-site removal of excavated material; the
procedure for establishment of veight limits shall be the
presentation of an applicable resolution before t_he Board of
County Commissioners. Should veight limits be instituted, the
permittee shall be responsible to implement measure to assure
that all heavy truck loadings leaving the permit's property
conform to the applicable weight restuiction.
5. The Excavation Performance Guarantee shall apply to e~c'~ation
operations and also the maintenance/repair, of public roads in
accordance with current ordinances and applicable ~ermit :'~'
stipulations. '~.
B~ed on soil boring information per qrdinance No. 92-73, a
blasting permit may be appropriate. Should a blasting permit
application be submitted and should residential..areas exist
'within one mile of'the e×cavation site, 'the County reserves the
~right to deny a blastiQg permit based'o6 concerns for off-site
· impacts frpm.bl~stin~ at an excavation site~ Should' a blasting
· 2' ~ermit be considered ~nd.a~proved, the minimum conditions of
' ~p~roval in addition to conditions per ordinance No. 92-73' are
as follows:
A~ .Structure inventory/monitoring and applicable p~gperty
owner release as required by the Development Services
Director.
B. Security bond applicable to private property damage
acceptable to the County.
C. Control of size/depth/number of charges per blast by
the Development Services Director.
The right of the County to suspend and/or revoke
blasting permit authority should be determined that
blasting activities are creating unacceptable off-site
conditions either in terms of private property damage
and/or related physical effects of blasting
operations.
No excavation permit shall be issued until receipt of a
release from the Transportation Services Administration
applicable to proper mitigation of off-site impacts,
meeting of applicable provisions of ordinance No. 82-91,
Ordinance No. 92-22, and Ordinance No. 92-73.
Reference to letter of 5/2~/88
Revised 12/92
A~ENDA ITEM
JUN 1 0 1997
August 21, 1997
comm. rec'd copy
13 1 '
Mr. Timothy Hancock
Collier County Commission
3301Tamiami Trail East
Naples, Florida 34112
VIA FAX
774-3602
Dear Tim,
I have a 44 acre tract of agriculturally zoned land just off the
East Trail as shown on the attached map. I had my engineer make a
request for a conditional use for a small 16 acre fill pit
excavation on the site to accommodate the fill requirements we have
at Port of the Islands. This would be a relatively short haul,
less than half the distance from other existing sources of fill.
County staff was very cooperative and seemed satisfied that the pit
as proposed would present no problems. My engineer took the
petition to the planning board on May 15, 1997 and much to our
surprise mass hysteria set in, and after a number of local area
residents spoke in opposition to the project, it was voted down.
I enclose a copy of the proceedings if you care to read them. I
have further enclosed a summary of the complaints and my
suggestions relative to them. In addition one of the houses on
Maretee is the parking lot for a trucking company and usually has
5 to 6 trucks parked there each night, so it seems hard to accept
that truck traffic is the horrendous affliction that has been
claimed by the residents.
I would very much appreciate your support for this petition and if
I have missed anything that should be done to relieve any real
hardships we would do same.
Our petition will be before the commission on August 26, 1997 and
I will attend to offer any information that may be requested.
Best r:.]ards,
Robert S. Hardy
RSH/vs
enclosure
Robert S. Hardy
6289 Burnham Road Naples. FL 34119 P~one: 941/597~311 Fax: 941/597-6643
13Al
COMP LAINT_~S
2.
3.
4.
S.
6.
Blasting - will damage neighboring properties.
Noise - can't sleep in da~ime.
Truck Traffic - road damage and danger.
Export of Water - dry up wells.
Road Problem~ and I~acte - roads to narrow.
Wildlife - drive away fr~ area.
FACTS
1. Blasting - blasting is done under county permits in heavily built up areas
ia. ~n~ail Creek, Longshore Lake, Quail Creek Village, Quail West where any of
these have ~ny tim~s more blasting that would occur here in heavily concentrated
high cos~ housing without problems or legal'ramifications.
2. Noise - the excavation equi~nt to be used (backhoe) ~%akes no ~re noise
than large farm machinery used or permitted to be used ~ch closer than the
construction equiF~nent will be to the residences. This same condition prevails
throughout the county in very ~ch ~re built up areas.
3. Truck Traffic - Since fill is required by the ~arket it will be provided
from somewhere in the co%u~ty. More s~ller pits scattered throughout the county
will ser~e that market with far less truck miles over our roads tha/~ fewer
sources will cause. Reasonably well distributed sources could supply the same
.market wi}h ~0% o~ ~ess truck miles than ~rom fewer larger sources. Since fill
is a constan~ ne.e~ in the county it does not seem an undue hardship for these few
residents provided operators mitigate the nuisance with due reason. Hours of
trucking operation should be limited to 7:30AM to 5:30PM. Speed limits on
Greenway and Maretee could be reduced to a safer and quieter level for trucks
perhaps 35mph.
4. K~c~ort of Water - this petition is for fill pit excavation, not export of
water. Petitioner has no objection to a condition requiring no water be exported
off site. This should exclude natural drainage.
5. Road Problems and Impacts - petitioner will construct Maretee Road as
described in the petition and pave it with I 1/2# asphalt. In addition
petitioner is obliged to pay road impact fees to county to cover road maintenance
cost. However, during the term of the excavation permit petitioner will maintain
Greenway Road from Maretee to U.S. 41 in the same condition that exists at the
outset. Both roads will be county standard width for rural road sections.
6. Wildlife - the project has county environmental approval. In addition it
is not difficult to see from laymans eyes that a 42 acre farmed parcel will have
less wildlife than one with a 16 acre lake in its middle.
BONIIA SPRINGS
NAPLES
GATE
TD N~qCO
PROJECT
~ITE
BA?LBS AREA MAP
.... 13Al-
Memo
To: Roberl Hardy
From: Purse Associates. lnc ~
.eubject: Greenway Road Fill Pit
Date: July 8. 1997
Bob: Attached is the minites from the May 15 Planning meeting where the Pit was turned down i
have listed below the names and address of the people who spoke.
1. Neil Morales 14830 Fritchey RD, Naples Fla 33961
2. Paul Rodinsky 11231 Trinity Place Naples Fla 33961
3. Dan Fields
4. Otto Ortega
5. Terry Texcell
Please schudule a meeting so we can go over this.
Also need to set a time this week or first part of next to go over the section 16 Wildwood Lakes
P.U.D. Thank you for your time ......
774-4985
774-0544
2441 Maretee Drive Naples Fla 33961 793-7817
11001 Greenway Road Naples, Fla 33961
2481 Maretee Drive Naples Fla 33961
.... 13A1-
May 15, 1997
(Laughter)
CHAIRMAN DAVIS: It was an easy issue, Mr. Nelson. Glad to hear
you would have supported the motion.
Petition CU-96-21. Ask all those present here today that are
going to testify on CU-96-21 to please rise, raise your right hand, so
that you may be sworn. You want to Go ahead and swear them?
(All speakers were duly sworn.) ,
CHAIRMAN DAVIS: Thank you. Mr. Nino?
MIR. NINO: Ron Nino for the record. CU-96-21 is a request to
authorize a use that is conditionally permitted in the agricultural
designated district.
The location of this property -- unfortunately, this isn't a very
good map here. But Greenway is out about here, and Maretee runs into
the property like that, and there is the subject property lying north
of Tamiami Trail, east of Greenway, and is accessed by a road called
Maretee.
The Growth Management Plan, the Future Land Use Element of the
Growth Management Plan says that earth mining is an activity that, if
approved under the conditional use process, is deemed consistent with
the Future Land Use Element of the Growth Management Plan.
Conditional uses require a finding of fact to determine whether
or not it's appropriate to recommend the conditional use. That
conditional use criteria calls for an assessment of consistency of the
code with the Growth Management Plan. I've already indicated the
Growth Management Plan makes provision for conditional use
authorizations of earth mining activities in agricultural areas.
It provides for an assessment of ingress and egress to the
property and proposed structures thereon, with particular reference to
automotive and pedestrian safety end,convenience, traffic flow and
control and access ~in case of fire or catastrophe. That's the
condition that can be mitigated to a large extent. It can be
mitigated by ensuring one, that the roads that serve this project are
improved to such a condition that they will not cause traffic,
potential traffic problems for other users of the road who live in the
area.
Additionally, Maretee Road and Greenway Road, from Maretee south
to Tamiami Trail, as the report points out, is very sparsely developed
with residential buildings. I believe there are only three
residential structures on Maretee Road, and another three from Maretee
Road south.
So all in all, we have I believe about six residences that will
be impacted by trucks going to and from the earth mining operation.
The condition, the resolution that supports approval has conditions in
it that were promulgated by Mr. Kant to ensure that Maretee Road and
Greenway Road are improved, including their intersections, so that
they should not present a traffic hazard to other users of the road.
So to that extent, we believe that that criteria is largely
mitigated by the recommendations within the proposed Resolution of
Adoption.
C, the third condition that we need to find, is the effect the
Page 23
.. 13Al
May 15, 1997
conditional use will have on neighboring properties in relation to
noise, glare, economic or odor effects. The staff report points out
that we don't believe that glare or odor is a consideration in this
type of conditional use. However, indeed, noise and economic are
potential criteria that we need to evaluate.
In terms of the issue of noise, we pointed out that the earth
mining activity is not on the entire property that the petitioner 9wns
but is only 16 acres of it. It appears to us that it is sufficienfly
removed from any residential area. And given the fact that the
resolution says they are not allowing blasting, they are not allowed
to blast in order to create the a~gregate material, that there should
not be a problem with respect to noise.
With respect to the condition of economic effects, you know,
there's trucks driving down a street that is appropriately improved to
handle trucks, will it have an economic effect? You know, it's highly
speculative. We don't think that the size of this operation and the
amount of material that's going to be hauled away, may indeed have a
short-term economic effect, but certainly will not have a long-term
economic effect.
I'm going to talk -- I also want to suggest that the staff report
the Resolution of Adoption failed to include establishing a time frame
for how long this operation should exist. The petitioner indicated to
us that their intention is to mine this property for a period of three
to five years. In view of that, we should have included in the
resolution a five-year limitation, and we are now asking you to do
that.
Finally, compatibility with adjacent properties and other
property in the district. We think the sparsity of residential
development in this area and the fac% that it is zoned agricultural,
provides us with some comfort level in saying to you that we don't
think the mining of this 16 acres of land for a period of five years
will present a significant compatibility problem with what the
development is that's in this area.
And therefore, we think that the criteria can sufficiently be
found to support allowing the conditional use to function in this area
under the recommendations that are included in the Resolution of
Adoption, which has also been reviewed by other staff members who have
jurisdiction over relationships that are required by the Land
Development Code.
And just as importantly, the Environmental Advisory Board also
reviewed this petition. They recommended approval subject to the
inclusion of certain conditions, which are in the Resolution of
Adoption. And I need to speak to you about one condition which the
EAB recommended but is not in the Resolution of Adoption, and it's
because we didn't really think that it was an issue that had any, to
our knowledge, had any technical merit.
We -- the condition that I'm talking about is a condition that
says, "no blue trucks will be allowed to go to and from this
property."
COMMISSIONER THOMAS: No blue trucks? B-l-u-e?
Page 24
· ' 1 3Al--'
May 15, 1997
MR. NINO: Blue trucks. Exactly.
COMMISSIONER YORK: White, red, green, or some other color?
MR. NINO: That's right. I hate to suggest that they really
didn't mean it, but nevertheless, it is in the record and I need to
bring that to your attention. But I'm telling you that we didn't
include it in the Resolution of Adoption.
COMMISSIONER THOMAS: Wait, wait, hold on a minute. Time, ti~e,
time.
MR. NINO: You're going to ask me to explain it; I'm not going to
be able to explain it to you.
CHAIRMAN DAVIS: Why don't we -- why don't we just let it go?
COMMISSIONER YORK: I have a question. Mr. Nino, there's 16
acres of the property that they are suggesting they'd like to mine?
MR. NINO: Yes.
COMMISSIONER YORK: The ingress and egress -- go through that for
me again.
COMMISSIONER THOMAS: You need this aerial over here.
MR. NINO: Mr. Purse has a better map, and perhaps Mr. Purse
would show that, because you have a better map than I do, quite
frankly.
COMMISSIONER YORK: What I'd like to -- my impression is, I'd
like to see where the ingress and egress is and where the residences
are that this is going to impact.
CHAIRMAN DAVIS: I think the petitioner's representative, I'm
sure, can accomplish that for us.
MI~. NINO: Here's Greenway, and here's Tamiami Trail, about here,
and this is Maretee Road. And you can see -- COMMISSIONER YORK: Okay.
-COMMISSIONER THOMAS: That property there? MR. NINO: That's the end of Maretee Road.
COMMISSIONER THOMAS: You're going to extend that into the
property?
MR. NINO: That will be extended into the property.
COMMISSIONER THOMAS: Okay.
I~R. NINO: And this is the site of the activity. Now, there is a
residence there, there's a residence there, and there's a residence
there. There are no residences on the south side of Maretee, and
there is one residence there, right at the end, head of Maretee, and
there is another residence in here. I thought there were about six
residences.
COMMISSIONER THOMAS: Let me see it on the map, on the aerial.
MR. NINO: '93.
COM~4ISSIONER THOMAS: Okay.
COM/4ISSIONER YORK: So there is two residences on Maretee Road?
MR. NINO: Three. One, two, three.
COMMISSIONER YORK: One is far back.
MR. NINO: Yes. This is on a north-south leg of Maretee0 and
there are no houses on the south side of Maretee. And to the best of
my observation from the field, it looked like there were about three
residences.
Page 25
13Al-
May 15, 1997
COMMISSIONER YORK: Is that land there platted that you have your
hand on now?
MR. NINO: Well, no, it's not platted. It's metes and bounds.
COMMISSIONER YORK: Is it a single owner?
MR. NINO: They're large lots, large lot-sized properties. This
doesn't have property ownerships on it, either. Out to there.
But the minimum lot size in the agricultural district is five
acres in order to build a house, as you know, and the lots are divided
in, by metes and bounds, and they are acreage lots up and down
Greenway here.
CHAIRMAN DAVIS: Mr. Kant, did you have something?
MR. KANT: For the record, Edward Kant, Transportation Services
Division.
Maretee Road is not a county maintained road; it's a privately
maintained road. Greenway Road is, and several years ago, a Municipal
Services Benefit District was provided for the folks out there to get
that road paved. That's one of the roads -- there were probably, oh,
I was GoinG to say half a dozen, maybe only two or three, of those
relatively rural roads. Greenway0 RigGs is another one that some of
you may be familiar with, that the folks out there Got together and
paved them.
And one of our concerns -- and I think it's been addressed in all
of the reviews and I haven't had any negative or other feedback from
the petitioner -- was that Greenway Road be maintained and restored,
if necessary, because of the fact that it was paid for -- the paving
was paid for with private funds.
MR. NINO: I would like to add --
CHAIRMAN DAVIS: I'd like to interrupt you. For those of you
here-today that want to speak on thi~ petition, the way we usually do
it, is staff makes ,their presentation, the petitioner will make a
presentation, and then anyone here that wants to speak will certainly
have the opportunity to come up to the microphone and do so. I'm sorry. Go ahead, Mr. Nino.
MR. NINO: Yes. Just let me add for the record that in these
types of petitions, the position taken by staff one, is that the area
needs aggregate material; it's a very essential building block
material.
And that in areas that are remote and where the impact appears to
be relatively minimal and can be mitigated to a large extent, and
where we can put a window on the length of the development, that we
believe that a property owner should have a right to extract valuable
natural resource material, which in this case, of course, is aggregate
material.
CHAIRMAN DAVIS: Any other questions of staff? Mr. Nelson.
COMMISSIONER NELSON: Just one. Mr. Nino, is it possible to put
hours of operation in the resolution?
MR. NINO: Yes, it is.
COMMISSIONER NELSON: Okay.
CHAIRMAN DAVIS: Mr. Wrage?
COMMISSIONER WRAGE: My question was is the way it's written now
Page 26
1}Al-
May 15, 1997
there is no petition -- there is no termination date; is that right?
MR. NINO: There isn't. And we've asked you to include a
condition that would limit the operation to five years. CHAIRMAN DAVIS: Okay. Petitioner?
MIR. PURSE: For the record, my name is Geoffrey Purse of Purse
Associates, representing R.H. of Naples. I apologize; I just caught a
cold the other day, so my voice is messed up.
To clarify where the project is and the surrounding area, I'll
show you on the aerial again. The project is located basically in the
middle of a 42-acre tract and we are only excavating 16.5 acres of it.
It's about 400 feet away from our east property line, 200 feet away
from our north, 200 feet away from our south and 200 feet away from
our west property line.
This is based on basically borings. There's rock over in this
area and we decided to move everything over, to pug it in the middle,
to get away from the rock.
This is Maretee Road that is presently a lime rock, unimproved
type road. We have a cross section on our plans that indicates that
we will put it up to 12-inch subgrade, 6-inch lime rock, and then tack
coat it and sand it, so it will be a dustless surface.
We've also agreed to pave the intersection here at Greenway and
Maretee to the right-of-way of Maretee, to improve this corner so the
corner is not torn up by the trucks.
Also, we have also agreed to the bonding requirements that are
required to ensure that Greenway Road -- there is a fund available to
make the improvements to Greenway if we do, in fact, cause damage to
it.
Also, you can see by the aerial that it's a very sparsely
populated area, and that the homes i9 there are by metes and bounds,
which, from the old days, is what we'call now an illegal subdivision,
because you can no longer do that.
The length of the excavation we had put at five years. We feel
that it will be done prior to that, long before that, because the pit
will be market driven.
Now, because the code says that the only thing I can do in there
is earth mining, I really consider it a lake excavation based on its
size, in the sense that I could have come in through a PUD process,
put a subdivision in there, and done a lake excavation. It's the same
thing.
That's a typical, on a square type tract, to put the units around
the lake. we have no plans at all to do any development on that land
in there. The remaining of the land will be used for farming.
At this time, I'd just like to answer any of your questions and
then be available to respond to any public input. CHAIRMAN DAVIS: Mr. York.
COMMISSIONER YORK: Geoff, a question. Looking at this, the
property right below that toward 41 to the south, marked A on that
map --
MR. NINO: Yes; agricultural.
COMMISSIONER YORK: -- is that owned by the same people where
Page 27
· ' 13A1__
May 15, 1997
this property is?
MR. NINO: No, I don't believe so.
MR. PURSE: No, sir. We only own that 42-acre tract.
MR. NINO: You also notice here there is a VTTR Zoning District.
That's not developed.
COMMISSIONER YORK: Is that currently being farmed or is that --
Section A there, is that being farmed or is it fallow?
MR. PURSE: Our section, we've gone out and redisked it. It 'is
not being farmed presently. It's gone fallow, as I believe the
terminology is used.
COMMISSIONER YORK: The land to the --
MR. PURSE: The land to the east?
COMMISSIONER YORK: -- to the south?
MR. PURSE: To the south? I don't believe it's being --
COMMISSIONER YORK: It's just kind of there?
MR. PURSE: Yes. It is, if you look at the ~Lerials, all the land
around it had been farmed at one point, and I don't know of their
activity at this present state.
CHAIRMAN DAVIS: Mr. Purse, the ribbon of land that surrounds the
actual earth mining operation you're proposing, it is previously
farmed land and therefore doesn't have much in the way of a natural
buffer to it?
MR. PURSE: No. It's just farm land with the perimeter ditches
already around it. It's obviously been cleared before.
CHAIRMAN DAVIS: Okay. Thank you. Any other questions of the
petitioner? Thank you.
MR. PURSE: I'd like to reserve the right to respond to public
input, if I could.
'CHAIRMAN DAVIS: Yes. That will be fine, Mr. Purse.
If you'd please come to the microphone and I know that you were
sworn. Please state your name for the record and while one is up
speaking, if someone else wants to come up and get in the area, kind
of get in line, so to speak.
MR. MORALES: Good morning, gentlemen. My name is Neil Morales
and we're residents of this area. And the question that we really
want to ask is how exactly is this earth mining procedure going to
take place; what exactly are the activities that are going to be
taking place here; and if those activities have any effect to our well
water area, or should I say, as well as, let's say for example, if
there's going to be any dynamite going to be used.
We're very curious about that, because we used to have this
menace on the side here, and they used to cause a lot of explosion, a
lot of commotion in the area, and we want to make sure it doesn't
occur here as well.
CHAIRMAN DAVIS: It's on the record, sir, by county staff that
blasting is not allowed, so it would be basically only an excavation.
MR. MORALES: So how exactly would that take place? Would that
just be a lot of heavy machinery trying to excavate some in that area?
CHAIRMAN DAVIS: We can certainly have the petitioner address the
specifics of that.
Page 28
May 15, 1997
MR. MORALES: Okay. Thank you.
MR. RODINSKY: Good morning. My name is Paul Rodinsky. I live
at 11231 Trinity Place and there was -- he called it the Duda pit
which 6-L Farms owns. 6-L Farms paid hundreds of thousands of dollars
so that we wouldn't draw any water from that particular area.
I had a lot of problems before 6-L Farms bought that area. They
weren't supposed to blast, they didn't have any permits, but they did.
They damaged my house in that particular area.
I called the county, they said there was no blasting in the area.
I had to call people from Fort Lauderdale who came over to take
pictures of my house, the cracks all over the slab. My neighbors saw
the mushroom clouds coming from that particular area and pit. And
after a seven month investigation, they come back and tell me it was
jets at 45,000 feet that were causing mushroom clouds on the ground.
Another thing I'd like to say, the people on Greenway Road, the
reason why the houses are sparsely populated in that particular area
is because the county only allows one house on a two and a half acre
tract. There is houses that run all along the whole side of --
COMLMISSIONER THOMAS: Two and a half or five?
MR. RODINSKY: Some of them they let them build on a two and a
half tract.
CHAIRMAN DAVIS: That's agricultural zoning. It's one house per
five acres.
MR. RODINSKY: Well, Trinity Place is one house per five acres on
Trinity Place, but I thought it was two and a half acres for a house
on Greenway Road, if I'm not mistaken. I might be mistaken on what
side of the road that is.
MR. NINO: It's five acres.
-MR. RODINSKY: Well, they seem ~o be building them awful close
together there on Greenway Road.
And another problem I have with that road, they want to improve
the road. What about the road going from Greenway Road to 417 I have
seen them replace that guard rail over there for years, because there
just isn't enough room to make that corner over there, to make that
turn to bring that dirt up to 951 to build it up. That's what they
mainly want to do. Then after they finish with this, what are they
going to do, sell it to SSU so they can draw the water and put
thousands of people and migrants and farmworkers out of business?
I mean this has all happened in the same area before. That they
wanted to excavate and dredge the water out, and SSU, and now we've
got the same thing again. Hundreds of thousands of dollars was paid
to stop that before and here we go.
Back in, it was 1992, we all stood in front here and tried to
stop a pit in that particular area before, because we're afraid it's
going to put the farms out of business. There's over 5,000 acres of
farmland there; there's hundreds of migrant workers, and there's at
least 200 people that work year round on that farm down there.
And a project like this, and in five years they come back before
this board or sell it to SSU, and the next thing you know, they want
to suck our water dry out of there.
Page 29
May 15, 1997
And as far as the blasting goes, they can say there's no
blasting, but when you people don't know what goes on there at night
in a rural area, we just had a blast last week; we don't know where it
comes from. Call the county. What do you call, the Sheriff's
Department, I"ve been assaulted by a blast?
Nobody does nothing for illegal blasting in Collier County. I
know. I've had the problems there.
This project should not be. It's not a good project at all a~d
if anything, they need to fix 41. That road is too narrow. Coming
from Greenway Road is far too narrow. That guard rail's been knocked
in that culvert I don't know how many times just with normal cars. If
you look back and see how many people were killed there at that
particular intersection, because it's a very bad road, that and
Westwinds, as we see all the tire, rubber marks over there all the
time, where people are Getting killed.
The Duda farm, where they're always getting killed, it's a whole
bad area. That whole area's bad.
But my main concern is the blasting and my main concern is
putting these -- eventually it will put a lot of people out of work
down there. And we've already gone through this in 1992 and '93,
which I'm sure you'll have other petitioners up here complaining about
it.
And it's not such a rural area. It's the last -- in Southwest
Florida that particular area is the last particular area that's just
starting to be built up now.
And they all seem to be coming off the island because all of the
new rules on the islands; you can't park your trucks and you need
cqmm_ercial land, and all they're doing is wanting to ruin the land
down here.
And I want to thank you very much for listening to me
CHAIRMAN DAVIS: Thank you. Next speaker. I'd remind all of you
this board is constrained by the criteria that you heard Mr. Nino to
discuss, and that's all we can consider. So as best you can, if you
could focus your comments to that criteria, we'd appreciate it. Yes, sir.
MR. FIELDS: Yes, sir. My name's Dan Fields. I own the property
next door to the proposed site. And as far as the road and stuff Goes
there as Mr. Rodinsk-y had said --
COMMISSIONER WRAGE: Can you tell us which property? I'm sorry.
You said adjoining, which way?
MR. FIELDS: Yes. I've Got the last property that's located here
on Maretee. So that's going to put i°c, they are saying what, 400 foot
setback; that's Going to put it about 500 feet from my house there.
And as far as the road goes, this is like a one lane road that
goes through here, which I maintain. And there's really not enough
room to allow to put a road in that's going to accommodate all this
trucking and stuff in here.
The other problem is the environmental part of it. We've got a
lot of owls, eagles, a lot of different wildlife in that area. We got
deer, hogs; we got bobcats. There's, you know, a number of different
Page 30
May 15, 1997
wildlife in this area.
And if they come through there and start doing this excavating
and all this trucking, we're going to have a lot of problems; a lot of
animals, a lot of road kill. There's going to be a lot of lost
habitat and everything also for a lot of the wildlife that's in that
area. There is so much development all around there that it's pushing
everything that way, and that's something, you know, to think about.
The other thing is going to be the water. If they start digging
this out and everything, we're going to have problems with our wells
going dry. We're going to have problems with the diesel fuel and
stuff in the water getting down into our water supply.
There's quite a bit to think about on this. Then you've got all
the noise and everything of the traffic through the neighborhood. You
got all the kids and stuff to contend with that are through the
neighborhood that play back in there. This is really not a good
location.
The other problem, we're located right in between Rookery Bay and
Collier Seminole State Park, and any of this runoff is going to run
right into our, you know, salt water supply there.
So this is really a touchy situation on this. And all the
property around there was zoned agricultural for farmland. And I was
confronted about a year ago from some people that said they bought
that property and I was under the understanding that it was going to
be a farm, and now I've just received paperwork that's saying this
pit's going in.
So I don't know what's been going on, but there's been a lot of
misleading information on this whole situation here.
And I hope you can, you know, stick with us and try to stop this
p~ti~ion against this rock pit. I think it would really do a lot of
damage to our area~as far as, you kn~w, the noise and the pollution
and the property values and everything. So I really hope you consider
it and deny the rock pit to go in.
Thank you.
CHAIRMAN DAVIS: Thank you, sir. Next speaker?
MR. SIMPSON: Good morning. My name is Glen Simpson. I work
with Wilkison & Associates. I'm representing 6-L°s Farms, Thomas
Farms, TGL Corporation, which is Thomas, Gargiulo and Lippman,
Southwest Florida Tropicals, and I could go on and on. But it
basically covers over 11,000 acres right within this same area of
primarily farming and other agricultural activities.
Southwest Florida Tropicals is a fish farm which grow tropical
fish in that area immediately to the north of this project. I'll help
put in perspective where those properties are.
The property here, that you see a little strip of right here, is
actually part of the 6-L's Farms. The property immediately to the
south of this project is part of Thomas Farms. They grow primarily
green beans. W"nat you see here is the southern border of Southwest
Florida Tropicals where the fish farm is, and they grow their tropical
fish in small pools. And this area is -- Southfield Farms, which has
been -- excuse me. Southwest Florida Tree Farm. It has recently
Page 31
May 15, 1997
changed hands and it currently is not one of our clients.
This piece of property right here, if you may remember, some of
you had the pleasure of being on the board back in '93, was owned by a
company called Southfield Farms, and there was a significant battle
fought over an excavation permit. I know there was a comment made
that this same group of clients spent a couple hundred thousand
dollars. In reality, it was little over three million dollars,
'~ fighting that project, and basically brought it to a halt because Of
~' the potential economic impact to their operations.
The economic impact does not come from the earth mining itself.
There is no problem with any of my clients if this is truly a project
:=to excavate the fill and move the fill out of the area. The problem
'is that this area has a very critical water resource. The water table
din this area must be maintained.
Another allowable use of a pit once it has been excavated or even
.'through a well system in the agricultural areas is also water supply,
~muricipal water supply. The main thrust behind the previous battle
.that we fought over this property that's adjacent to it was because
~Southern States Utilities was truly trying to build -- use this as a
· water resource for Marco Island. Marco Island desperately needs a
water resource.
The problem is, is that by exporting the water -- and that's the
key point -- by exporting the water out of this area, it lowers the
water table.
The Water Management reviews the effects on the wells, the
lowering of the water table on the wells, and whether that will impact
their ability to pump water. What's not considered through any of the
pe_.rm~t~ing arenas, through any of the land use evaluations, including
the county's, is what the economic effect on that operation would be
through the effect4of lowering the ~ater table in the soil.
Because of the nature of those soils, if that water table is
lowered, they would not be able to continue growing crops in that
area. The sand -- it's a very sandy area; it doesn't have hardly any
organic matter in it, which is why this is a terrific place for a dirt
pit, but it also is critical for the ability to continue to grow their
crops.
What I suggest, if the applicant would be willing, to a provision
that'would permit the -- that would prevent perpetually the
exportation of water from this area, then we would support going
forward and not have any objection, but we must have some kind of
support. We must have that type of limitation, because our economic
success, which is one of the criteria that was stated that you're
supposed to review and consider, is hanglng by a thread here.
we don't object to normal runoff of stormwater, we don't object
to their normal water use, we don't object to any future development
where they are using the water on-site, as long as it's on-site use.
It's the exportation of the water from the area that we strongly
object to. That historically has been a target for pits, and we would
like to see that not happen in this particular situation.
Any questions?
Page 32
May 15, 1997
CHAIRMAN DAVIS: Mr. Nelson.
CO~MISSIONER NELSON: Only one. I understand everything about
the exporting of water objection that you have. I tend to agree with
that. You also indicated that simply digging out the dirt would lower
the water table. How would that be possible, and do you have any
evidence to support that?
MR. SIMPSON: No, I didn't mean just digging up the dirt will
lower the water table. It will open the water table, expose it
evaporation. It will have some effect, but not significant effect, on
the properties, except, perhaps, Thomas Farms. I think that's one
that could be overcome. But it doesn't lower the water table just by
the excavation.
CHAIRMAN DAVIS: Mr. Simpson, you know full well our need for
competent, substantial testimony by expert witnesses. Could you tell
us something about your training as it relates to what you're telling
us today?
MR. SIMPSON: Well, to start with, I was the manager of the
project for all of those same landowners that put this together.
Since 1985, I've been working as project manager with natural
resources development and construction.of natural resources for
Collier Enterprises. I was the project manager for their citrus grove
development.
I have worked as an expert witness in different litigation cases
regarding the impacts of surface water. I do a significant amount of
expert witness coordination for attorneL,s to put together the right
package of experts in addressing water or environmental issues.
I have a pretty good background and understanding, not to mention
I was born and raised here, and probably learned more from that than
anything else.
CHAIRMAN DAVIS: Thank you. An~ other questions of ~tr. Simpson?
Thank you.
MR. SIMPSON: Thank you.
COM~{ISSIONER OATES: Mr. Chairman, would you ask Mr. Purse if
they would be willing to go ahead and do as they suggest, and no
exportation of water?
CHAIRMAN DAVIS: Wait a minute. Is there any other public
speakers? I'd like to hear from the rest of the public speakers.
COMMISSIONER THOMAS: You have about five more speakers that were
sworn in.
CHAIRMAN DAVIS: We may have some other things to address with
Mr. Purse. Yes, sir?
MR. ORTEGA: Good morning. For the record, my name is Otto
Ortega. I would just like the commission to consider my situation. I
· live approximately a hundred feet from the intersection of Maretee and
Greenway Road.
CHAIRMAn; DAVIS: Would you show us on the map, ~ir. Ortega?
MR. ORTEGA: I'm not sure which is Maretee on here.
COFIMISSIONER THOMAS: Looks like Maretee there.
CHAIRMAN DAVIS: Yes.
MR. ORTEGA: Right in here.
Page 33
May 15, 1997
CHAIRMAN DAVIS: Okay. Thank you.
MR. ORTEGA: My living room is approximately a hundred feet from
this operation.
COMMISSIONER THOMAS: A hundred feet from the intersection?
MR. ORTEGA: From the intersection, that's correct. We're right
dead center along that proposed line haul route. My wife is a
registered nurse; she works the night shift. Needless to say, the
impact here would be devastating. ..
The petitioner says that they're going to be done within the next
five years. What are we to do for the next five years? We can't sell
the property. I mean, I would just ask commission members to put
yourselves in our ~ituation. A prospective buyer, because that's our
onl?! alternative, coming to show the property, we've got Mack diesel
trucks constantly traveling up and down that route.
I would also argue that although this is primarily zoned
agricultural, the nature of the development along Greenway Road is
primarily residential. I would attribute the sparsity to the way it's
zoned, five acres per house. But the farmland that does exist is
primarily idle. It's not 6-L Farm road, by any stretch of the
imagination.
You've got people here, we paved -- we taxed ourselves in order
to get the road paved. It seems to me that this project is justified
in terms of improvements that, in my opinion, are not needed, given
the current traffic flow. I'd argue that it's just not compatible the way that the area has evolved.
To say that this report is comprehensive, I feel it's a question
with regard to noise,. I see two sentences here, which I will
out: 'We cannot say for certain that these residents will not be
)acted economically or by other discomforts resulting from the
)eration of the earth mining activity." Well, I carhnot say for
:ertain that the'sun is not going to come out tomorrow, but it will.
f This, this operation is going to have a grave impact on the
[]quality of our lives. I can attest to you there's not a whole lot of
amenities on Greenway Road. We have no water, but what we do have is
ur peace and quiet, and it seems like this project will infringe upon
~at a great deal. And I would just ask that this commission consider
nat before moving ahead.
~ ~ have. no alternatives. The gentlemen that own the property,
ney nave cne right to do that. But I would just ask the commission
! to consider the situation on the residents living along that line haul
~oute.
Thank you.
CHAI~ DAVIS: Thank you, Mr. Ortega. No, you have been sworn
in?
COMMISSIONER THOMAS: No, she hasn't.
CHAIRMAN DAVIS: You have not. Thank you. Please come, and if
you would swear her in.
(A speaker was duly sworn.)
CHAIRMAN DAVIS: And if you could state your name for the record.
MS. TEXCELL: I'm very nervous. My name is Terry Texcell. I'm
Page 34
· ' 13Al--
May 15, 1997
the second house on Maretee. First of all, Maretee is very narrow.
~ You have to pull over and stop so another car can get by. You have
.i culverts on the side. What's going to happen if they do have to widen
': that road?
I believe there is another entrance. Dan has a different
photocopy o~ the a~ea there. But that's a thought, too, because we
~ need the culverts ~or the drainage. We do get flooded out there quite
~ a bit. ,
~ . Mainly, I do want to know about property value, too. I have
~ lived there eight years and worked very hard to bring everything up.
~Mrs. Rodinsky has property listed on the south side of Maretee for
~ sal~, so there is u- by the way, I live on two acres; evidently I got
~ in on a grandfather clause, I think. ,
~ It seems like there is two houses going up every year, so it s
not that sparsely residential anymore.
~ That's about all I have to say.
CHAIRMAN DAVIS: Thank you.
COMMISSIONER THO~S: Mr. Kant, can I ask you a question?
CHAIRMAN DAVIS: Mr. Kant?
CO~4ISSIONER THOMAS: To your knowledge, are there any easements
that would allow them to have egress directly off of 41 coming in from
the south?
MR. KANT: Not that I'm aware of, sir.
COMMISSIONER YORK: That's what I was trying to get.
CHAIRMAN DAVIS: Any other speakers? Seeing none, I'd like to
have the petitioner's representative come back up before I close the
public hearing.
COMMISSIONER THOMAS: The people down there --
- '-CHAIRF~%N DAVIS: There may be some things you'd like to say, and
specifically, I think we need to hea~ from you on the issue of the
exportation of water that Mr. Simpson raised.
MR. PURSE: Yes. In listening to the comments, I believe there
were about five major issues that I'll address.
The first would be the method of construction. This plan to --
there would be no dewatering, that we would dig the lakes wet by using
a piece of equipment I believe will be a Komatsu, that has a long
reach, about three-quarter yard bucket, that will dig it with
basically just one piece of equipment, because it's a relatively small
excavation.
And the excavation again is market driven, so it could be over in
six months, it could be over in a year, or it could be over in three
months, relative to the market need for fill.
The blasting, presently the borings indicated some rock, but we
have moved the excavation away from that area. It's primarily sand
that we should be able to dig without blasting. The provision in the
stipulations is that there would be no blasting unless permitted by
Collier County. I think we need to have that left the way it is, that
if we do run into rock, that we would meet all the requirements that
are set forth by Collier County for blasting; notification, size,
area.
Page 35
May 15, 1997
no dewatering to excavate the lake, and we would agree to a
stipulation that we not sell the land to SSU for exportation of water
for their water use, if that's the pleasure of the Board.
COMMISSIONER THOMAS: Allow them to lease or get --
MR. PURSE: Lease, sell, withdraw.
COMMISSIONER THOMAS: Let me ask you a question. How long would
this road stay dustless unless you paved it? I don't understand.
MR. PURSE: Well, the procedure that I described was normally..
done when they build, like take the improvements to 951. They first
went and sub-grade based, tack-coated and sanded it, and left it there
until they were ready to pave it. And during that process, I mean
their equipment an~ everything was driving up and down it and it
didn't cause -- it's not like a dirt road that when it gets dry, the
dust particles come up.
With a tack-coated, it seals that lime rock.
COMMISSIONER THOMAS: So when you finish doing your excavation,
if we were to recommend that, would you also be willing to pave it
when you finish with a regular asphalt top, like a normal road would
be?
MR. PURSE: We have discussed that and if it's the pleasure of
the board, yes. We would go ahead and pave the road when we're done
with it.
COMMISSIONER THOMAS: One other question. Is there any other
access you can come right up 417
MR. PURSE: Not to my knowledge. That's how we looked at it. We
don't have any -- that is our access to the property.
COMMISSIONER THOMAS: Did I hear you say you were going to use
one of those Komatsu water dredge, water bucket type things?
"MR. PURSE: Yes. Standard three-quarter inch bucket, or whatever
it's called. I'm j~st the engineer,~not the contractor.
COMMISSIONER THOMAS: That means you're going to have mounds of
sand drying up, stacked up on the land somewhere?
MR. PURSE: We will have, in accordance with the county
requirement for excavation, stock piles, that I believe they are
required to have a maximum height and slope to them, and we'll adhere
to that.
CKAIRMAN DAVIS: Mr. Nelson?
COMMISSIONER NELSON: I think one of the first speakers, Mr.
Morales, asked if you could describe the operation itself. You have
done a great deal of explaining. Can you talk about on an average day
and on a high use day -- I know it's market driven -- how many trucks
are going to be in operation? This is a dragline crane?
MR. PURSE: No, it's not a dragline. It's a backhoe type of
equipment.
COMMISSIONER NELSON: Will that be operating continuously? When
will it start in the morning, when will it end?
MR. PURSE: Well, basically the hours of operation are set by the
county, so I don't know if that's 7:30, 8, or something like that; 7
in the morning, or whatever. I believe our work crews normally start
at 7:30 or something.
Page 37
May 15, 1997
Mr. Purse?
COMMISSIONER NELSON: I'd like to ask Mr. Purse if you can live
with no blasting. No blasting.
MR. PURSE: Can we compromise on no blasting, to limited
blasting? I have a problem in the fact that I do have that one corner
-- it might show it on the map -- right here in the northeast corner,
where it indicates there is some rock, and I might have to blast
there. .,
Again, I would like to point out that this is just a 16-acre lake
and if you limited me to the maximum amount, I could blast at one time
-- there is a code, the county, and they have a maximum amount you can
blast at one shot. Limit me to a smaller amount.
I need the right to, if I can't excavate -- basically you could
take away a portion of the pit, and then if I dig down to that rock
layer, now I could very well not be at minimum depths as required by
the county. So I might be forced to blast it just to get the minimum
depth required by like excavation.
COMMISSIONER PEDONE: Mr. Purse, if that rock that you might have
to blast is part of a shelf that might extend to the area where there
are single family homes, would there be damage, could there not be
damage from the vibration ca:lsed by the blasting?
MR. PURSE: I'm not going to stand here and say that there won't
be. The probability is there would be, erring on our side that there
wouldn't be. That's why I would suggest that the board might limit us
to the size of the blasting at one shot, as opposed to taking away our
right to blast.
Blasting, just the term "blasting", has, just like the term
"earth mining operation", just brings on all these horrible stories
t~a~ ~re going to ~appen.
And I would r~mind the board t~at blasting has gone on in the
community for years. And as I think, I know of only one instance
where some large boulders landed on Airport Road, and that was just on
oversight on the charges that were put in the holes.
COMMISSIONER THOMAS: I agree with you, sir. I'm not worrying
about the blasting. The blasting is not the part to me. But the
other things that you're planning to do over there, and the amount of
traffic you are going to put on the road, does, in fact, concern me.
You would have to really restrict the operation of that Komatsu to
school hours, you understand, for it not to have any impact on the
neighbors, except that one unfortunate gentleman who has a wife that
sleeps days.
MR. PURSE: Well, we would be far enough from that house where
they would never hear the operation. They would just hear the truck
go by.
COMMISSIONER THOMAS: I'm here, I'm here to tell you, sir, I'm
here to tell you that I do a lot of fishing in some pits south of
Immokalee, and when that big -- just what you're talking about --
comes over, goes down in the water, picks it up and drops it, and just
keeps on doing it, that's a noisy operation. It's a noisy operation
and it has a tendency to be a dusty operation on your property. But I
Page 40
15Al
May 15, 1997
think you have enough perimeter property to have the dust settle.
What do you plan to do with that lake after it's excavated?
MR. PURSE: We're going to, through the county, do the littoral
shells and plants around the lake, and that will be our restoration,
standard county procedure of doing a little more.
COMMISSIONER THOMAS: Make it available for recreation?
MR. PURSE: I can't say that. I mean that's a liability I don't
believe the owner would want to take on. ..
CHAIRMAN DAVIS: Anything else, Mr. Purse?
MR. PURSE: No, that would be it.
CHAIRMAN DAVIS: Okay.
MR. PURSE: Thank you.
CHAIRMAN DAVIS: Close the public hearing. Discussion?
COMMISSIONER YORK: Mr. Chairman, I have, my problem is looking
at the criteria in the finding of fact, and I have a real problem with
this petitioner fulfilling obligations under B and C. The ingress and
egress to that property, I think, needs to have more investigation to
see if there in effect can be better ways.
But there is absolutely no way that that item C can be mitigated,
in my opinion.
CHAIRMAN DAVIS: Anybody else?
COMMISSIONER PEDONE: I have to agree with Mr. York. I happen to
have watched my slab crack right down the middle and one wall of my
house crack from blasting that was quite a distance away, and I was
told by the county that it was dum~ trucks passing in front of my
house that was causing it.
So I can't see where the blasting would not affect these people
be. in~..that close, and the trucks daily I think would be a real
imposition on them.
CHAIRMAN DAVIS: If I understand the petition, blasting is not
allowed without a separate county permit for blasting.
MR. NINO: That's correct, unless issued a permit from
Development Services. That doesn't mean a permit is automatically
forthcoming.
COMMISSIONER PEDONE: But it can be. If they need blasting, to
blast away the rock to get to the minimum depth they have to get to,
there is no guarantee that the county will not grant a permit for
blasting.
CHAIRMAN DAVIS: Uh-huh. That's true.
COMMISSIONER PEEK)NE: It's a coin toss. So I have to go with
that there will be blasting. I haven't seen a pit yet, really, that
there hasn't been.
MR. NINO: I remind you the maximum depth is 12 and a half feet,
not very deep excavation.
CHAIRMAN DAVIS: They excavated all the fill at the Florida
Sports Park and did no blasting.
Mr. Nelson?
COMMISSIONER NELSON: Just a comment along the same lines. I
cannot support this petition as proposed. I could support a petition
that limited it to three years, greatly restricted the hours of
Page 41
13AL ,
May 15, 1997
operation,~.~.~~.
water . · approved or not, and no
ex-port
CHAIR/W2%N DAVIS: And include the paving at the end of it?
COMMISSIONER NELSON: Yes.
CHAIRMJhN DAVIS: I'm with you, Mr. Nelson. Okay. I guess we're
at a point where somebody needs to make a motion.
COMMISSIONER YORK: Mr. Chairman, I would move that we recommend
that CU-96-21 be not approved as presented.
COMMISSIONER NELSON: Second. '
COMMISSIONER OATES: Actually, I think we deny it.
CHAIRMAN DAVIS: No. It's a recommendation of denial. Motion of
a r~commendation of denial by Mr. York, seconded by Mr. Thomas.
All those in favor signify by saying aye
Opposed? ·
Aye.
So that passes four, five, six to one, with the Chairman
dissenting.
We're going to take a 10 minute break.
(A brief recess was taken.)
CHAIRMAN DAVIS: Call the meeting back to order.
CU-97-8. Ask all those present that are going to testify on this
petition to please rise, raise your right hand so the court reporter
may swear you in.
COMMISSIONER THOMAS: Hold on a minute. This is the Eagle's Nest
Worship Center. Okay. Raise your hand and stay there.
(The speakers were sworn.)
CHAIRMAN DAVIS: Morning.
MR. MILK: Good morning. For the record, my name is Brian Milk.
I am'presenting Petition CU-97-8. Mr. Kepple with Kepple Engineering
is representing th~ Eagle's Nest WorShip Center, requesting a
conditional use for a church, child care and school on the subject 4.6
acre site.
The subject property is located just to the south of Immokalee
Road and fronts 24th Avenue, N.W.
It is a site that is currently undeveloped and has a large
forested population with a large number of exotics on the particular
site.
.The petitioner proposes a phased project which ultimately will
~?~lde_? s.an~ua.ry, for 700 members or 700 seats. It would provide a
~e~±owsn~p na±l with a child care facility and school, K through 5,
for a maximum of 300 children, and then a future gyranasium of
approximately 5,000 square feet.
Access to the site is provided from Immokalee Road with a right
decel turn lane into the project. They also have provided an
interconnect with the fire station immediately to the east of the
subject property.
COMMISSIONER THOMAS: That's where the training center is going
to be?
MR. MILK: No, sir.
COMMISSIONER OATES: No, where the existing --
Page 42
Division Head
13A 2.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk lo the Board: Please place the following I~ a:
XXX Norrml legal Advertisement
(Display Adv., location, etc.) I"q Other:.
P~6on No. (If none, give
P~fion~ ~e & Ad~e~): Na c . r 7 a ar 4 0
N~ & Address of any ~n(s) to
~ e ~ ~ '1 ui I 4
H '
emng ~fore BC~~
N~spa~s) ~o ~ ~d: (Co~le~ ~ly if ~t):
~ Naples Daily News ~ ~ ~gally Re~d
~d Text: (Include legal de~ & ~ I~fion & S~: ' ' - 7- ·
. r~
f amech~ct~ r~lhall ~ '~ - ' ' c ' ' fi ' a ' · ·
~ "E" state zo' is~ I~a at 75 d~ ate ~ ' '~ 0 T h' 49 2
~ Petition Fee Mclude adv~Mg
113-138323-~9110
Renewed by: O 0 ~ ~ 0 ~ ~ 5'9 '
D~~ A~ved by:
List Attachments:
For hearings before BCC or BZA: laltlatlng I~rJou to complete one coy and obLtfn Div~on Hced approval before
submitting to County Manager. Not~: If legal document is Luvolved, be sure that any necessary legal na4ew, 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
[] Requaflng Dfvtrlon
[] OrllJ~l
B. Other hearings: Initiating Division head to approvc and submit original to Clerk's Office, retaining a copy for fde.
FOR CLERK'S OFFICE USE ONLY:
13A 2_.~
TOTPL TI~E
~01'48
~ 02' 01
~' 01' 54
~ ~2' 16
~' 01'40
88' 02' 12
2
August 4, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition NUC-97-1
Dear Judi:
Please advertise the above referenced notice one time on Sunday, August
10, 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
2'
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 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
NUC-97-1, j. Dudley Goodlette, representing Thomas L. Gregory and Nancy
L. Gregory, requesting the change of a non-conforming use (skating
rink) to another non-conforming use of the same character (rental hall
for local non-for-profit civic and community associations, with a
primary use as a bingo hall), in the "E" Estates zoning district
located at 6750 Golden Gate Parkway, in Section 30, Township 49 South,
Range 26 East, East 150 feet of Tract 55, Golden Gate Estates Unit 29,
as recorded in Plat Book 7, Page 57 of the Public Records of Collier
County, Florida. '
Ail interested parties are invited to attend, to register to speak and
to submit their objections, if any, in writing, to the Board prior to
the public hearing.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto, and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
2.
August 4, 1997
Thomas L. & Nancy L. Gregory
6750 Golden Gate Parkway
Naples, Florida 34105
Re: Notice of Public Hearing to consider a Petition NUC-97-1
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
100 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti Deputy Clerk
Encl. '
cc: J. Dudley Goodlette
13A
August 4, 1997
J. Dudley Goodlette
4001 N. Tamiami Trail, Suite 300
Naples, Florida 34103
Re: Notice of Public Hearing to consider a Petition NUC-97-1
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, August 26, 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
10, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Thomas L. & Nancy L. Gregory
August 4, 1997
Re: Notice of Public Hearing re Petition NUC-97-1
Dear Property Owner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
August 26, 1997, as indicated on the enclosed notice. The
legal notice pertaining to the petition will be published in
the Naples Daily News on Sunday, August 10, 1997.
You are invited to attend this public hearing.
Very truly yours,
DWIGHT E. BROCK, CLERK
Sue Barbiretti, Deputy Clerk
Encl.
sb
k~hn C.
D~r~ct 1
'Dmoe~ L Hancock, ^lC?
D~d'k~ 2
Timoe~ I, Cormant~ne
Distr~ 3
PameLa S,
O~;tr~ct 4
Bait)ara B. Berry
Dis~ $
3301 Eas~ Tamiami Tra/I * Naples, Florida 34112-4977
ffJ41) 774-8097 * Fax (941) 774-3602
August 4, 1997
Re: Notice of Public Hearing re Petition NUC-97-1
Dear Property Owner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
August 26, 1997, as indicated on the enclosed notice. The
legal notice pertaining to the petition will be published in
the Naples Daily News on Sunday, August 10, 1997.
You are invited to attend this public hearing.
Very truly yours,
DWIGHT E. BROCK, CLERK
Sue Barbiretti, Deputy Clerk
Encl.
sb
RESOLUTION NO. 97-
RELATING TO PETITION NUMBER NUC-97-1, FOR A
NON-CONFORMING USE CHANGE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
2
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting
of requests for non-conforming use changes, 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 change to a rental hall for local non-for-profit
civic and community associations, with a primary use as a bingo hall in an
"E" Estates 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 1.8.6 of the Land Development Code for the
unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting 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 Number NUC-97-1 filed by J. Dudley Goodlette,
representing Thomas L. Gregory and Nancy L. Gregory, with respect to
the property hereinafter described as:
East 150 feet of Tract 55, Golden Gate Estates Unit 29, as
recorded in Plat Book 7, Page 57, of the Public Records of
Collier County, Florida.
-1-
13A 2
be and the same hereby is approved for a rental hall for local non-for-
profit civic and community associations, with a primary use as a bingo hall
in the "E" Estates Zoning District wherein said property is located subject
to the following conditions:
a. Alcoholic beverages are prohibited on-site.
BE IT RESOLVED that this Resolution relating to Petition Number
NUC-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of
, 1997.
ATTEST:
BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
3 ie M. Student --
Assistant County Attorney
f/NUC-97- ! ~SOL~T~ON/
-2-
ir-,,
~ I ~ ~
Affidavit of Pubttcetlon
BOARD OF COUflTY coIqlqlSSIGI~RS
ATTN: NANCY SALGGU8
PO BOX ~13(rl6
NAPLES FL 3~1Cr1-~6
REFERENCE: 001230
575~6535 NOTICE Of PUBLIC HEX
State of Ftorfda
Co~ty of Cot[far
es the A~t~t Cor~rate
tn CoLHer C~ty, Ftort~: t~t t~ etta~
Afft~t further ~s t~t t~ ~d ~Lee Deity
CoLLier C~ty, FLorida,
~a~r ~1 heretofore ~ ~tt~l[y
~Lt~h~ ~n setd tother ~ty, FLert~, each
Ntter mt t~ ~at office tn ~t~, tn ~$d
ColLter C~ty, FLort~, f~ . ~r$~ of 1 y~r
~xt prec~ t~ first
attac~ ~ of ~ertt~t; ~ aff~t
further eay~ t~t ~
pr~ta~ ~y ~r~, firm~
dllc~t~ r~te, c~l~st~
~r~se of ~ecurt~ thai ~ertta~t for
~L~catt~ tn t~ sa~d ~r.
PUBLISHED ~:
AD SPACE: 57.000 INCN
FILED C~:
Signature of Afft~t
RESOLUTION NO. 97- 339
RELATING TO PETITION NUMBER NUC-97-1, FOR A
NON-CONFORMING USE CHANGE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting
of requests for non-conforming use changes, 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 change to a rental hall for local non-for-profit
civic and community associations, with a primary use as a bingo hall in an
"E" Estates 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 1.8.6 of the Land Development Code for the
unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting 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 Number NUC-97-1 filed by J. Dudley Goodlette,
representing Thomas L. Gregory and Nancy L. Gregory, with respect to
the property hereinafter described as:
East 150 feet of Tract 55, Golden Gate Estates Unit 29, as
recorded in Plat Book 7, Page 57, of the Public Records of
Collier County, Florida.
-1-
be and the same hereby is approved for a rental hall for local non-for-
profit civic and community associations, with a primary use as a bingo hall
in the "E" Estates Zoning District wherein said property is located subject
to the following conditions:
a. Alcoholic beverages are prohibited on-site.
b. Hours of operation shall be limited to: 9:00 A.M. until
11:30 P.M.
Landscaped buffers shall be provided around the boundary
of the subject site in accordance with Division 2.4 of the
Collier County Land Development Code (LDC). Landscaping
shall also be provided internally to the greatest extent
possible.
d. The subject building, signage and lighting shall be brought
into compliance with all applicable provisions of Division
2.5 and Division 2.8 of the LDC.
e. The above site improvements shall be required through the
Site Development Review process in accordance with Division
3.3 of the LDC, prior to the issuance of a certificate of
occupancy.
BE IT RESOLVED that this Resolution relating to Petition Nuraber
NUC-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~v~-/~ day of ~,~ ~- , 1997.
ATTESTs, ,, JBOARD OF ZONING APPEALS
DWI~HT'~'.~'~R~K, Clerk COLLIER COUNTY, FLORIDA
Approved 'a~".~o,.-Dorm and Legal Sufficiency:
Marj~rie M. Student
Assistant County Attorney
f/NUC-97-1 RESOLUTXON/
RESOLUTION
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN WINDSOR PLACE AT BERKSHIRE
LAKES, RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPTING THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on October
10, 1994 approved the plat of Windsor Place at Berkshire Lakes for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage, water
and sewer improvements in accordance wJlh the approved plans and specifications and as
required by the Land Development Code (Collier County Ordinance No. 91-102, as amended);
and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17, and
WHEREAS, the developer has now requested final acceptance of thc roadway, drainage,
water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services Department
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainage, water and sewer improvements in Windsor Place at Berkshire Lakes,
and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
DATE: .
A~T~T: '''J
~ ,
· ' DWIGHT. E.cB~. K' CLERK
· ~j~proved as I~ form and legal
sufficiency:
Hcidi F. Ashton
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ . .....~, ·
TIMOTH¥~. HANCOCK~
FORM 8B
MEMORANDUM OF VOTING CONFLICT
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
',--FIIt.~T HAkiE--MIOULF NAME
Norris, John C.
3301 East Tamiami Trail Collie
· ~' ¢'OM~ry
Naples, FL 34112
VOl E ~'t~RKED
August 26, 1997
Board of County Commissioners
THE IK)m.~[O. CO~I~CIL C'O~O,Ili~IOH, AUTHOI~Tr. O1[ CI~,IMITTE~ ON
WHICH I SEKVE I$ A UNIT OF:
WHO MUST FILE FORM 88
~ focm k for use by any p~r~on ~:t-ving =t thc county, city. or other local Ire'el of g~m~t on ~ ap~t~ ~ ~ ~
~ co~Jon, authority, or commitl~ h a~i~ ~y lo m~ of ad~ ~d no~ ~ ~ ~ ~
~h a ~ting con~i~ of int~s~ und~ ~;on 11~143, ~ori~ S~tut~. ~e r~uircmeR~ of th~ ~w ~ ~o~ ~
~ ~ or this pani~lar fo~ is not ~ui~ ~ ~w. ~u are cncoumg~ to u~ it in making thc di~l~u~ ~ui~ ~ ~w.
responsibilities under thc law when faced with a mca. sure in which you have a conflict of interest wiU vary ~dy d~ng
wh~her ~u hold an clc~[vc or ap~inti~ ~hio~ ~r this ~on, pl~ pay clo~ a~tcntion to the imtm~m on t~ fo~
~fo~ completing the r~rsc side and filing the
INSTRUCTIONS FOR COMPUANCE WITH SECTION t12~143, FLORIDA STATUTES
ELECTED OFFICERS: -
A person holding elective county, munk'~pal, or other local public office ~IUST ABSTAIN f~om voting on a mc:zsure which inures
to his sp~'ial pri~te gain. Each local officer also is prohibited from knowingly voting on a measure which inures to thc speci:,l
g'~[n of a prindpal (other than a governhzcnt altcnc)') by whom he is retained.
In either case. )~)u should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly thc nature of your interest in the measure
which you arc abstaining from voting:
WITHIN I$ DAYS AFTER THE ¥O"CE OCCUP~S by completing and filing this form with the person responsible for rccon:Lins
the minutes of the meeting, who should incorpor:xtc the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from ~oting on a me. utc which
[nurcs to his special private gain. Each local officer also is prohibited from knowingly voting on a mcasurc which inures to the
sp~clal gain of a principal (other than a government a[encT) by xvhotlt he is retained.
A person holding an appointive local of lice otherwise may p~rtlcip',t¢ in a n~atter in which hc has a conflict of interest, but mug4
dLsclosc thc nature o1' thc conl'l[ct before making any aHempt to in(~ucncc thc dcc[sion by oral or written communication, whether
m.~de by thc officer or at his direction.
IF YOU INTEND TO ~IAKE ANY AT'TENIFT TO II~FLUEN. CE THE DECISION PRIOR TO THE MEETING XT WHICH
THE VOTE WILL 8E TAKEN:
· You should complete and File this form (before making any attempt to influence the decision! with the person responsible for
recording the minutes of the meeting, who will incorporate Ibc form in the minutes.
· A copy of the form should be pro¥idcd immediately to the other mFmbcrs of the agency.
· The form should be read publicly at the mc~ins prior to consideration of thc matter i~ which you have a conflict of intcrc-st.
16A
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before par~ic~patJnt.
· You should complete the form and file it within 15 days aftt'r the vcxe occurs with '
of thc m¢c~ing, who should incorporate the form in the mlnutcs. Ihepcrson responsible for reco~in~themlnutcs
DISCLOSURE OF LOCAL OFFICEI~'S INTEI~EST
L John C. Norris
hereby disclose that on
(a) A measure Came or will come before my atcncy which (check one)
*n/a inured to my spcc{aJ pr~vmle gain: or
* n/._..~a inured to the Slx'cia] gain of
(b) The measure before my age'ney and the nature of my inter,st in the rnt"asure is as follows:
Auclust ~6 . 19 97 :
by whom ! am retained.
Agenda Item 16(A)(2) '
Request to approve the final .plat of "Pelican Strand Replat 2"
Af:er consultation with 'the County Attorney, I abstained from voting on the
above matter pursuant to Section 286.012, Florida Statutes, which provides
that "no member of any state, county, or municipa! governmental board, commission
or agency who is present at any meeting of'such body at which.an.dfficial
derision, raling or other official act is to be taken or adopted ~ay'abstain
from voting...except when, with respect to any such member, there is, or appears
tc be, a possible conflict of interest under the provisions of S.112.311,
S.~12.313, or S.112.3143. In such cases, said member shall comply with the
disclosure requirements of S.112.3143.- My abstention is based upon a pending
legal determination of "business associate" as provided in §112.312(4), F.S.
Au ust 26 1
D~:~ ~lcd
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985}, A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
I,%:?EACHNIENT. RE.',IOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SAI_,.KRy. REPRI,X, IAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000.
01/9i/1994 18:82 8134957934
87
COLLfER COUNTY LAND DEVELOPMENT CODE
~/ ~."dayo~/'~, -;/ 997b,:n,.,¢~n .......... P"J~E~'4ENTcrHcrcdlntothJs
~o ~ "Develop-. ~d ~e Bo~d of Co~ty Co~issione~ ofCollie~ Co~. F]oH~
rcf~cd ' - n.~.D.u, uu~O~ON, a F]o~ ~tJon, here~
h~ci~er rcfc~cd ~ ~ ~e
RECITALS:
I. Developer has, simultaneously w/th thc delivery of this Agreement, applied for [he
approval by thc Board ora certain plat ora subdivision to be known as: PELICAN STRAND
TRACT 4.
2. Division 3.2 of thc Co/licr County Laud Development Code allows the Developer to
cons~-uct ~hc improvements roquired by sa3d subdivision regulations prior to recording [he HnaJ plat
NOW, THER.EFORE, in considcra6on of the foregoing premises and mutual covenants hereinafter
set for~, Dcvcloper and thc Board do hereby covenant and agree as follows:
I. Developer wil! ca~¢ to be constructed: Aa access roadway, sanitary .~:wer extension,
storm drainage and street lights within twe!ve (12) months from the date of approval of said
subdivision plat, sa~d improvements hereinafter re/erred to as the required improvement.
2. Dc¥clopcr herewith agrm:s zo construc~ said improvements prior lo recording said
subdivision plat and the Board of County Commissioners shall not approve thc p]a~ for r~cording
u.n6] said improvements have bccn compleled.
3. Upon complc6on of said improvements, the Developer shall tender its subdivision
performance security in the amount of$..~ ~.~-~/~_) _ which represents ten pe'rccn! (l 0%)
of the total contracl cost to complete construction. Upon receipl of said subdivision performance
security by the Devclopmcnt Services Director, ~c Developer may request thc Board of County
Commissioners to approvc the subdivision pla! for rr~cording and granl prellminary approval of sa/d
plat.
4. The required improvements shall not be considered complete until a statement of
subs~amial completion by Developer's engineer along wRh the final projcc! records have been
rum/shed lo be rcvicwcd and approved by the Development Services Director for cornpliance with
the Collier County Land Development Code.
5. The Devclopmenl Services Director shall, within Ill, eh ('15) days ofreccip~ of the
stalemen( of subsum~ial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify, thc Developer in ~,Titing of his refusal to approve the
improvements, therewith specifying those condi6ons which the Developer must ftthqH in order to
obtain the Director's approval of thc knprovements. However, in
Services Director refuse pr~Hmin ............ no event shall the Developmen!
· -.~ ,~uva~ ozmc ~mproverncnts if they are in fac~ consmx:~ed and
submiHcd for approval m accordance with the requirements of this AgrccmcnL
6. The Developer shall maintain all required improvements for a mirgmurn Ix'~od of one (I)
year after preliminary approval by ~e Development Services Director. After the one (1) year
maintenance period by the Dc'veloper has tcrminatz, d, the De'vcloper shall pe66on the Development
Services Director lo inspecl thc required improvements. The Dcvclopment Services Director or his
designee shall inspect thc improvements and, if found to be sHII in compliance with the Collier
County Land Devclopmen! Code as reflected by final approval by the Board, the Board shall release
the len percem (10"A) subdivision performance security. The Developer's responsibility for
rnain~¢nance cf' the requh-ed improvements shah ¢omlnue unless or un61 th~ Boa.rd aCCepL~
81/M1/1994
-~'
18:82
8134957934
CO~4I~ EI'GI)EER IN
P~v",.~E O8
16A-
maintenance responsibility for the County.
7. In the event the Developer shall fail or neglect to fulfill its obligation under this
AgreemenL upon certification of ~uch failure, the County AdminiStrator may call upon thc
rdbclJvision performance r, ecurity to ~r. cure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
co~l~ucted and maintained, pursuant to public advertisement and receipt of acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pray and to indem~f,y the Board, upon completion of such corutruction,
the final total cost t~ the Board ~f, including, but not limited, engineering, legal and contingent
costs, together with an)' damages, either direct or consequential, which thc Board may ~.tstain on
account of the faJha-e of the Developer to fi. dill) all of the provisions of this Agreement.
8. All of the terms, covenam$ and conditions her~in contained ar~ and shall be binding upon
the Developer and the respective successors and assigns of the Developer.
tne{r Cluly author~ze~l representatives this ~..~_~ay of'~""~'~,~ {997.
Signed, scaled and delivered DEVELOPER:
in our presence:
?
// ~ ' A.R.B.C. CORPORATION, a Florida
wi // )'./I
' ~ I' · ' F)- '1' · . t:
DV~IOhIT ~.'BRO~K, CLERK,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLOR.IDA
Approved as to form and legm. I sufficiency:
'
~.~ David C. Weigel --
~ '~ County Attorney
(Or~. No. 92.73, ~ 2; Ord. No. 94..~t, ~ 3, 10-21.94: Ord. No. 96.21.
DoczLLmmdDcvclopment. 2Cod¢
RESOLUTION NO. 97- 3 19
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY, INC., ON LOT 15, BLOCK 12, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, Iow, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy i.5.4.
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1. policy 2.1.1, policy 2.1.2, policy 2.1.3. policy
2. 1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Partnership [SI-tIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WIIEREAS, Immokalee Habitat for Humanity, Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 15, Block 12, Naples Manor Lakes which is proposed to sell for.Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500) hours of"Sweat Equity~ before it obtains title to thc house: and
WIiEREAS, Mr. Charles C. Smith, Vice President of lmmokalee Habitat for Humanity, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10, 1997 for a waiver
of impact fees for the construction of a house on Lot 15, Block 12, Naples Manor Lakes. a copy of said application
is on file in the Housing and Urban Improvement Department: and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance, Ordinance
No. 90-87, as amended: Section 3.04 of the Library System Impact Fee Ordit~ance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended: Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
- 1 -
16A }
WHEREAS, Immoka]ee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee Habitat for Humanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. Thc Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines eslablished in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (1.5) years from the date the certificate of
occupancy is issued.
NOW TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee Habitat for Humanity,/nc. for one (I) house
which shall be constructed on Lot 15, Block 12, Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by lmmokalee Habitat for Humanity, Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 15. Block
12, Naples Manor Lakes by lmmokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( 1 ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee .~
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the properly owner and/or
purchaser and the County.
16A
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT.E, BROC,~K/Clerk
App(oved ~ to form and.'
legal
H¢idi F. Ashton
A~sish~nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~
'i~mothy L.~an~ock, Chairman
c/naples manor lakcs/reso
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 15 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
!6A 3'
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
between the Board of County Commissioners of Collier County, Florida, hereinat~er referred to
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "O~/ER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the O '
WNER s application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
'!
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97-~_~ at it~ regular meeting of~, 1997; and
WHEREAS, the Impact Fe~ Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal descr/ption of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fcc Ordinance for a per/od of fifteen (15} years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER re'presents and warrants the
following:
a. Thc Eh~clling Unit shall be sold to a household with a very Iow income as
defined in thc appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. Thc Dwelling Unit shall be sold to a first-time home buyer:
c. Thc Dwelling Unit shall be thc homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for thc Dwelling
Unit; and
e. OWNER is thc owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to thc Impact Fcc
Ordinance. In return for the waiver of the impact fees owed by OWNER,
-- .9
16A
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
rreeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release oflien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions ofSection 8 are satisfied.
I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period o£
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER ol' the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER vialate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non. compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of Ihis Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
oflmpact Fees on the date and year first above written.
Witnesses:
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY; INC.
BY: /' "' ~ - -'
- 4 -
DATED:
ATTEST: ./~
Appr~ed ~ ldo[btm and
legal $u~ciency
Heidi F. Ashton
Assist~t County Attom~
Co
16A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~.
Timothy/L'( Haneo'c~, hC a~
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of~, 1997,
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. H'e'is per~nally known
to me.
[NOTARIAL SEAL]
,,_t'~Tc'... - . _ z.O',e,.
Name of Acknowledger T~ Stamped
STATE.. OF FtC'KIDAI
CO;,!.,[L%ION NO. CC~76455 ~
jcl/gm/c/naples manor lake,dagree
- 5 -
EXHIBIT
LEGAL DESCRIPTION
LOT 15 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
RESOLUTION NO. 97- 320
RESOLUTION OF 'l-liE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY, FLORIDA. AU-I'IIORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPAC"I' FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
ttABITAT FOR HUMANITY. INC.. ON LOT 16. BLOCK 12, NAPLES MANOR
LAKES, NAPLES. FLORIDA.
WIIEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, Iow. and very-low income households in the County and the need for creative and innovative
program~ to assist in the provision of such housing by including several provisions in the Collier County Growlh
Management Plan. including: objective 1.4, policy IA.l: objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1. policy 2.1.1, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the tlousing Element: and
WIIEREAS, Collier County has received funding pursuant to the State tlousing Initiatives Partnership
Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and
WIIEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Itousing Initiatives Partnership [SIIIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees: and
WHEREAS, lmmokalee flab/tat for Humanity, Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 16, Block 12, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity. Inc.. submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10. 1997 for a waiver
of impact fees for the construclion of a house on Lot 16, Block 12, Naples Manor Lakes, a copy of said application
is on file in the Housing and Urban Improvement Department: and
WIIEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended: Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. Qrdinance No. 88-97. as
amended: Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91.71, as amended: and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
- 1 -
WHEREAS, Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee Habitat for Humanity, Inc.:
A. The Dwelling Unit shall be .sold to a first-time home buyer.
B. The Dwelling Unit shall be ~Id to a household wilh a very Iow income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unil must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the ttomestead of ibc owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the eemificate of
occupancy is issued.
NOW THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby aulhorizes the County Manager to issue an
Authorization for waiver of impact fees to lmmokalee [tab/tat for Humanity, Inc. for one (I) house
which shall be constructed on Lot 16. Block 12. Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee Habitat for Humanity, Inc.. and/or Ihe purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable [lousing
Trust Fund, Fund (191), in the following amounts for the one (l) house to be built on Lot 16. Block
12. Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( I ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee
TOTAL IMPACT FEES $6,169,52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the prope~:ty owner and/or
purchaser and the County.
This Resolution adopted after motion, second and ma.~ofity vote favoring same.
DATED:
ATTEST:
legal suffi~
Heidi F. Ashton
Assis~t Coun~ Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
mothy L.~ncl:~k; Chai"r~a~' -
c/naples manor lakes/reso
- 3 -
16A
EXHIBIT
LEGAL DESCRIPTION
LOT 16 OF BLOCK 12. NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF. AS RECORDED IN PLAT BOOK
3. AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for thc Waiver of Impact Fees entered into this~_/'-~ay of~__~.~ 1997, by and
between the Board of County Comm:ss~oners of Collier County, Florida, (h"/ereinafter referred to
as "COUNTY" and Immokalee Habitat for Humanity, inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the CoIlier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of' Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction o£ all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97-.~ at its regular meeting of
.~-,~_l~t~. i ~"~,/; aDO
WHEREAS, the Impact Fee ~dinmce r~ires that the O~ER ~ter into an
A~cement with thc CO~.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRiPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the dale the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his, her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
eo
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER.
- 2 -
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fitleen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in Ihe event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impacl fees, the COUNTY shall, at the expense of the COUNTY.
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or unlil the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions ofSection 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen {15} days after
execution oflhis Agreement by the Chairman oflhe Board of County Commissioners.
I I. DEFAULT. OWNER shall be in default of this Agreement { 1 } where OWNER
fails to sell the Dwelling Unit in accordance wilh the affordable housing standards and
- 3 -
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said noncompliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the pm/es have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Print Name /' .~/c,,.,~
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
BY:
Char/es C. Smith, Vice PresideR
- 4 -
DATED:
ATTEST:
DWIGH.'r,~ .B~ ~OCK, Clerk
Aping?ed as.to,forth and
tcga, sumctency
Assislant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'IW, FLORIDA
~' ...q' , ' ~
By:~-
Timothy Ix"Hah'cock. Chairman
STATE OF ,EDrida )
COUNTY OF Colli~ )
foregoing instrument was acknowledged before me this ~ day of~, 1997,
The
by Charles C. Smith, Vice President of lmmokalee Habitat for Humanity, Inc. 14eqs per~'onally known
to mc.
[NOTARIAL SEAL]
Sign~ent
Name ~Stamped
jd/gngc/naples manor lakeatagree
- 5 -
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 16 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
16A"3 '
RESOLUTION NO. 97- ~2 I
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPAC-~' FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
ttABITAT FOR HUMANITY, INC., ON LOT 17, BLOCK 12, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WIqEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, Iow, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Grow'Ih
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2. pohcy 1.5.3. policy !.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the ttousing Element; and
WttEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership
Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WttEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State [lousing Initiatives Partnership [SItlP] Program for waivers of Collier County impact fees;
and
WHEREAS, lmmokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS, Immokalee Habitat for Humanity, Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 17, Block 12, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to
invest a minimum of five hundred (500) hours of"Sweat Equity' before it obtains title to the house: and
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc., submined to
the Office ofltousing and Urban Improvement an Affordable Housing Application dated July 10. 1997 for a waiver
of impact fees for the construction of a house on Lot 17, Block 12, Naples Manor Lakes. a copy of said application
is on file in the Housing and Urban Improvement Department; and
WHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance, Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the
Emergency M'~dical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
WHEREAS, Immokalee ttabitat for llumanity, Inc. has qualified for an impacl fee waiver based upon the
following representations made by Immokalee Habital for Humanity, Inc.:
A. The Dwelling Unil shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold Io a household with a very Iow income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
resI~ctiv¢ Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from lhe date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immoka[ee ltabitat for Humanity, Inc. for one (I) house
which shall be constructed on Lot 17, Block 12, Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee Habitat for Humanity, Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 17, Block
12, Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,.379.00
C. Parks and Recreational Facilities
Impact Fee:
( 1 ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee $1.340.00
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between Ihe property owner and/or
purchaser and the County.
- 2 -
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWlGHT ~} B ~:~lerk
. .' . .",- ,,,,
.~./
legal su~nc~:~t~%~
Hsidi F. Ashton
Assistant Coun~ Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T(mo'tfiy L. ~(nc~'k, Chairm:~. '
c/naples manor lakcs./rcso
- 3 -
EXHIBIT SA"
LEGAL DESCRIPTION
LOT 17 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver oflmpact Fees entered into this~_~ day of~,~ 1997. by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
WHEREAS, the COUNTY approved a ~aiver of impact fees for O~NER embodied in
Resolution No. 97- ~.~..~_ at its regular meeting of~~~..~. 1997; and
WHEREAS, the Impact Fee Ordinance reqmres that the OWNER enter into an
Agreement with the COUNTY.
3
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fiflecn (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead ofowner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER.
- 2 -
OV~ER covenants and agrees to comply with the affordable housing
impac~ fee waiver qualification cd~eda detai~ed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. Iff OWNER sells the Dwelling Unit subject to the
impact Fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized For
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and it' the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact Fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date off this Agreement; which lien may be Foreclosed upon in the event of
non-compliance with the requirements ofrthis Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (I 5) years after the date of issuance off the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release off lien.
9. BINDING EFFECT. This Agreement shall be binding upon the par~ies to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case oFsale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in Full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall nan with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of'this Agreement by the Chairman of the Board ofrCounty Commissioners.
11. DEFAULT. OWNER shall be in default oFthis Agreement (I) where OWNER
frails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3
16A
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County faxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice lo OWNER. the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WI'INESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Print
~_.Pnnt Name~~,l~
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
~Charles C. Sr~-ith. Vice P~ident
- 4 -
DATED:
ATTEST:
DWIGHT. E. BROCK, Clerk ,~,~, t. ,.., dl,
~proved as ~9 g, oym and
Assistant County Attorney
C o
16A
BOARD OF COUI~,H'Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
Timothy )/Hancock, Chairman --
3
STATE OF El.m:i~_)
COUNTY OF ~)
The foregoing instrument was acknowledged before me this ~ day of~, 1997,
by Charles C. Smith, Vice Preaident oflmmokalee Habitat for Humanity, Inc. I--l~s personally known
to me.
[NOTARIAL SEAL]
~gmcnt
Name of Acknowledger Typed, P~nt~ed or Stamped
JOANNE D,% LP. ET J
Nor,~R¥ Pt,'3l. tc Wr^T~ OF FLO~.ID^{
COMMISSION NO. CC37M6.~ [
MY COM.MI,q6'ION I~P. MA~
jcl/gm/c/naples manor lakeWagree
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 17 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
RESOLUTION NO. 97- 322
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA. AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL
FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAl.
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
IIABITAT FOR HUMANITY, INC.. ON LOT 18, BLOCK 12, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, Iow, and very-low income households in the County and the need for creative and innovative
progra:.'~s to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1,4. policy 1.4.1; objective 1.5. policy 1,5.2. policy 1.5.3. policy 1.5,4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3', objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of thc Housing Element: and
WIIEREAS, Collier County has received funding pursuant to thc State tlousing Initiatives Partnership
Program set forth in Section 420.907 ct, seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and
WIIEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State tlousing Initiatives Partnership [SlIIP] Program for waivers of Collier County impact fees;
and
WItEREAS, Immokalec ttabitat for Humanity, Inc. is seeking a waiver of impact fees: and
WIIEREAS. Immokalee Habitat for Humanity, Inc. will construct one {1} three-bedroom unit (the
'Dwclling Unit") on Lot 18, Block 12. Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Ilundred Dollars ($46.500.00}: and
WHEREAS, the Dwelling Unit wilt be purchased by a very low income household which is required to
invest a minimum of five hundred {500) hours of"Sweat Equity* before it obtains title to the house: and
WIIEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity. Inc.. submitted to
the Office of Ilousing and Urban Improvement an Affordable IIousing Application dated July I0, 1997 for a waiver
of impact fees for the construction of a house on Lot 18, Block 12, Naples Manor Lakes. a copy of said application
is on file in the ltousing and Urban Improvement Department: and
WHEREAS. in accordance with Section 3.04 of the Rcgional Water System Impact Fee Ordinance.
Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance
No. 90-87. as amended: Section 3.04 of thc Library System Impact Fee Ordinance. Ordinance No. 88-97. as
amended: Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. 88-96. as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended: and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amendcd: an applicant may obtain
a waiver of impact fees by qualifying for a waiver: and
16A 3
WItEREAS, Immokalee Habitat for Itumanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by lmmokalee tlabitat for ttumanity, Inc.:
A. The Dwelling Unit shall be sold lo a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very Iow income level as that.term is defined
in the Appendices lo the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the ttomestead ofthe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees Io Immokalee ttabitat for Ilumanity. Inc. for one ( I } house
which shall be constructed on Lot 18, Block 12, Naples Manor Lakes, Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee ltabital for Humanity, Inc., and/or Ihe purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (I} house to be built on Lot 18, Block
12, Naples Manor Lakes by lmmokalee ttabitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee
TOTAL IM'PACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
3
This Resolution adopted after motion, s~cond and majority vote favoring same.
DATED:
ATYEST:
DWIGHT E~.,~ R:QC, Kl Clerk
Apprt~ed as to form apd-,
H~idi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tir~oth)) L/4~/rff~o~k. Chairman-
c/naples manor lakesdreso
EXHI BIT
LEGAL DESCRIPTION
LOT 18 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
16/ 3
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi.s)fe_ day o~r~aT' 1997, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22. as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impal~
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and.'"
WHEREAS. the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- l -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97-~ at its regular meeting of ~a~~___, 1997; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit 'A' and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to Ihe Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer:
The Dwelling Unit shall be the homestead ofowner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant 1o the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
- 2 -
OWNER covenants and agrees Io comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
i,npact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agrcement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after lhe date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice ofthe violation.
12. REMEDIES. Should the OWNER of the property fail 1o comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Print Name~,~'
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
- 4 -
'i)ATED:
ATTEST:
~,I., ~rH~, ~E.,~ BROCK,,, Clerk
.?.... ~ '/ -~
legit su~c~ency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~-
Timothy Lj)~an6ock, Ch'airman
STATE OF Florida__.)
COUNTY OF
was acknowledged before me this //~ day of~, 1997,
The
foregoing
instrument
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. HMs pers6nally known
to mc.
[NOTAR/AL SEAL] ~gment
Name of Acknowledger Typed, Printegor Stamped
jcl/gm/c/naples manor lakes/agree
- 5 -
· ' 16A 3
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 18 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
16A
RESOLUTION NO. 97- 323
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY, FLORIDA. AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE/lOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY, INC., ON LOT 19, BLOCK 12, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, Iow, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4. policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy
2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State ttousing Initiatives Partnership
Program set forth in Section 420.907 .C.L_,t~., Florida Statutes and Chapter 91-37, Florida Administrative Code: and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Partnership [SttIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS, lmmokalee Habitat for Humanity, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 19, Block 12, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to
invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10, 1997 for a waiver
of impact fees for the construction of a house on Lot 19, Block 12, Naples Manor Lakes, a copy of said application
is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance, Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended: and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
16A }
WHEREAS, Immokale¢ Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon thc
following representations made by Immoka]ee Habiia! for Humanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very Iow income level as lhat term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the ttomestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I, The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee Habitat for tlumanity, Inc. for one (1) house
which shall be constructed on Lot 19, Block 12, Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee Habitat for Humanity, Inc., and/or the purchaser, or other
documentation acceptable to the County Atlorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 19, Block
12, Naples Manor lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
13. Road Impact Fee 1.379.00
C. Parks and Recreational Facilities
impact Fee:
(1) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee $1.340.00
TOTAL IMPACT FEES I;6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
16A 3
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST;,.,
.-.~.' .' ..,.~
., ."/--./,/ ,, ,,.
'5 ' ... .'
legal suffici~ '
Heidi F. Ashton
Assistant County Attorney
,C,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ti;n~ihy L~ J;ffnco~k,'Ch'ai'rm~n
c/naples manor lakes/reso
- 3 -
16A
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 19 OF BLOCK 12, NAPLES MANOR LAKES. ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
b
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
r'.egional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library Syslem Impacl Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNV~ approved a waiver of impac! £ccs for O~U~ER embodied in
Resolution No. 9?- ~-2____~ at its regular meeting of~~_~, 1997~ and
WHEREAS, the Impact Fee Ordinance rcq~l~cs ~hat the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
- 2 -
3
16 1
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. It' OWNER sells ,,he Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
~'ffordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such per/od, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions ofSection 8 are satisfied.
I0. RECORD/NG. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
Il. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
qualification criteria estab]ishe, d in the Impact Fee Ordinance and thereafter fails to pay the
impact fees duc within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER ofthe property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
3
- 4 -
_""_~'-''''''·'''"''''''''''_.A____,~
---'...----,-.-...--.
'-"~,--.
-.....---,-'..,~. """,~....'.-
16A 3
RESOLUTION NO. 97-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY. FLORIDA. AUTI!ORJZTNG WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SER VICES IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY. INC.. ON LOT 20, BLOCK 12. NAPLES MANOR
LAKES. NAPLES, FLORJDA.
WHEREAS, Col1ier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low incomc households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5. policy 1.5.2. policy 1.5.3, policy 1.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1. policy 2.1. J, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
Program sct forth in Section 420.907 t1....X.Q.. Florida Statutes and Chapter 91-37. Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS. Immokalee Habitat for Humanity. Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 20. Block 12, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS. the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS. Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity. Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10, 1997 for a waiver
of impact fees for the construction ofa house on Lot 20. Block 12. Naples Manor Lakes. a copy of said application
is on file in th.: Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance.
Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. Ordinance No. 88-97. as
amended; Section 4.05 of the Parks and Rf'creational Facilities Impact Fee Ordinance. Ordinance No. 88-96. as
amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-7 J, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
- 1 -
16A 3;
WHEREAS, Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee Habitat for Humanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined
in the Appendices to the respective Impact Fce Ordinances and the monthly paymcnt to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee Habitat for Humanity, Inc. for one (I) house
which shall be constructed on Lot 20, Block 12. Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agrcement for waiver of
impact fees signed by Immokalee Habitat for Humanity, Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (19]), in the following amounts for the one (I) house to be built on Lot 20, Block
12, Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(I) Community Parks
(2) Regional Parks
D.
E.
399.00
179.00
14.00
EMS Impact Fee
Educational Facilities System
Impact Fee
Water Impact Fee
Sewer Impact Fee
TOTAL IMPACT FEES
1,778.00
900.00
$134000
$6,)69.52
F.
G.
3. The payment of impact fees by CoJlier County is subject to the execution and recordation of an
agreement for waiver of CoJlier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
..--.....-..-
16A 3 I
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
.. .
-'
~
'~,.. ..... ,.......
ApproVeå¡1S t~ {~'d
legal sufficien~y: .
J ' '-'
I- (, C~ /J 'II,! ¿ I
Heidi F. Ashton
Assistant County Attorney
'- --
c/naplcs manor lakeslrcso
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
- 3 -
EXHIBIT KA"
LEGAL DESCRIPTION
LOT 20 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED TN PLAT BOOK
3, A T PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
16A 3
-____..c
"-_._--,,--"'-~-
--"'~----~._.
1 6A 3
OWNER covcnants and agrees to comply wirh the alTordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waivcr to a subsequent purchaser, the Dwelling Unit shall bc sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
alTordable housing for a fifteen (15) year period after the datc thc certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately rcpaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
elTective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with thc requirerncnts of this Agreement.
8.
RELEASE OF LIEN.
Upon satisfactory completion of the Agreement
requirernents and fifteen (15) years afler the date of issuance of the certificate of Occupancy. or
upon payment of the waived impact fces, the COUNTY shall, at thc expensc of the COUNTY,
record any necessary documentation evidcncing the termination of thc licn. including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shaJl be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the DweJling Unit, the original OWNER shall rernain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shaJl run wirh the land and
shaJl remain a lien against the DweJling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of CoJlier County, Florida, within tifleen (15) days afler
execution of this Agreement by the Chairman of the Board of County Commissioners.
II. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to seJl the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
-----..-..".. " ~
o
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1"00..)
~
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1"00..)
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~·,·~"",·,~,,^,"'r","""''''''''-'"'
16A
RESOLUTION NO. 97-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTI!ORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRAR Y SYSTEM IMP ACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY, TNC., ON LOT 18, BLOCK 7, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4,
policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy
2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
Program set forth in Section 420.907 t1....X.Q., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-1?, the County is authorized to use
funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS, Immokalee Habitat for Humanity, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 18, Block 7, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc.. submitted to
the Office ot Housing and Urban Improvement an Affordable Housing Application dated July 10, 1997 for a waiver
of impact fees for the construction of a house on Lot 18, Block 7, Naples Manor Lakes, a copy of said application is
on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance, Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
- 1 -
-J
'1
WHEREAS, lmmokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee Habitat for Humanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee Habitat for tlumanity, Inc. for one (I) house
which shall be constructed on Lot 18, Block 7, Naples Manor Lakes, Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee Habitat for Humanity, Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable ttousing
Trust Fund, Fund (191), in the following amounts for the one (I) house to be built on Lot 18, Block
7, Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
(2) Reg. ional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee ~
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATUEST:
DWIGHT E. BROCK, Clerk
Approved as toformand
legal sufficiency:
'
Heidi F. Ashton
Assistant County Attorney
c/naples manor lakes/reso
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~
- 3 -
~bA ~
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 18 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF 'HIE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
16,4
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi~/z., day of~::~V 1997, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
:mended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
~s "Impact Fcc Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance. a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97- ~5~ at its regular meeting of~, 1997; and
WHEREAS, the Impact Fee Ordinance reqt~es that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead ofowner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of I;6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of lhe Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case ofsale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
II. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
qualification criteria established in the Impact Fee Ordinance and thereafter £ails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (I 5) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real properly. This remedy is cumulative with any other fight or remedy available
to ~he COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgmenls calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Print Name
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
"Charles C., SnSitTptg~ident
3
- 4 -
DATED:
ATTEST:
.~'
legal siifficienc¥
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Timothy L I~. ncock. Ch~i~an--
STATE OF a~~.)
COUNT,,' OF
The foregoing instrum~t was acknowledged before me this ~ day of~, 1997,
by Charles C. Smith, Vice Pr~ident oflmmokalee Habitat for Humanity, Inc. Heq~ pers~ally known
to me.
[NOTARIAL SEAL] ~edgment
~Printed or Stamped
jcl/gm/c/naples manor lakes/agree
- 5 -
EXHIBIT
LEGAL DESCRIPTION
LOT 18 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
' ' 16A
RESOLUTION NO. 97- 326
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPAC-~ FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
ttABITAT FOR HUMANITY, INC., ON LOT 19, BLOCK 7, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and lhe need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3', objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State ttousing Initiatives Partnership
Program set forth in Section 420.907 CL_aci;I., Florida STatutes and Chapter 91-37, Florida Administrative Code: and
WIIEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS, lmmokalee Habitat for Humanity, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 19, Block 7, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500} hours of'Sweat Equity" before it obtains title to the house: and
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July I0. 1997 for a waiver
of impact fees for the construction ora house on Lot 19, Block 7, Naples Manor Lakes. a copy of said application is
on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance, Ordinance
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
- 1 -
16A 3
WttEREAS. Immokalce ttabitat for tlumanity. Inc. has qualified for an Impact Ibc waiver based upon the
following representations made by Immokalee Habitat for Humanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer,
B. The Dwelling Unit shall be sold 1o a household with a very low income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead ofthe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee IIabitat for Ilumanity. Inc. for one (I) house
which shall be constructed on Lot 19. Block 7. Naples Manor Lakes, Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by lmmokalee Habitat for Humanity, Inc.. and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 19. Block
7, Naples Manor Lakes by [mmokalee Habitat for Humanity. loc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( I ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee 2~
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
16A
This Resolution adopted alter motion, second and majority vote favoring same.
DATED: : a ~ fld ct/
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
· othy L.fl~ncoc~ Chairmma
c/naples manor lakes/re, so
- 3 -
EXHIBIT "A'~
LEGAL DESCRIPTION
LOT 19 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver &Impact Fees entered into thi~_~..~/~y o£~ 1997, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with the requirements for an affordable housing waiver of impact
fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
16fi
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97- ~.~(v.- at its regular meeting of~, 1997; and
WHEREAS, the Impact Fee Ordinance reqt~res that the OWNER enter into an
Agreement with the COUNTY.
3
NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
bo
The Dwelling Unit shall be sold to a household with a very iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer:
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
eo
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
- 2 -
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
.mpact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at lhe expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
II. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
- 3 -
qualification criteria established in the ~mpact Fee Ordinance and thereafter fails to pay the
impact £ccs duc within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of :he affordable housing qualification criteria in thc Impact Fcc Ordinance for a period of
flftccn (15) days after notice of thc violation.
12. REMEDIES. Should the OWNER of thc property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions ofthis Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be super/or and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with thc lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to thc COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Pnnt Name
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
eharlesC. Pres~ent -
- 4 -
DATED:
ATTEST:
DWIGHI~ad I~OCK, Clerk
· ~: '. ~ r5 ~ '
· ~.~.. ~. ~5 ~
· ~... · ...~
legal su~ncy
' 't ~
Heidi F. Ashton
Assist~t County Anomey
16A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day o f/~_.~, 1997,
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. ,ere Is pe/~onally known
to me.
[NOTARIAL SEAL]
~gment
jcl/gm/c/naples manor lakes/agree
- 5 -
.16A
EXHIBIT
LEGAL DESCRIPTION
LOT 19 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED TN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COLIN'FY
FLORIDA.
- 6 -
CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this ~ day, of ' , . 1997. by AR! JOEL
DEVELOPMENT. INC.. a Florida corporation. (hereinafter Dev~BOARD OF COUNTY
COMMISSIONERS OF COI,I,IER COUNTY. FI,ORIDA. (hereinafter"The Board") and FIRST NATIONAL BANK
DF NAPLES, a Florida banking corporation, (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement. applied for the approval by the
Board ora certain plat ora subdivision to be known as ~,P~:JJ~:,a~7~~.
B. The subdivision will include certain improvements which are required by Collier County ordinances,
a,s set forth in a site construction cost estimate ("Estimate") prepared by ' - . a copy of which
is a tached hereto and incorporated herein as Exhibit I. For purposes of this Agreement, the "Required Improvements"
are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9, I ofthe Collier County Subdivision Code Division ofthe Unified Land
Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of
the Required Improvements.
D, Lender has entered into a construction loan agreement with Developer dated ' o~2fiL2.9_,.3.,,~ (the
"Construction Loan") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is $~, and this amount represents 110% of the Developer's engineer's estimate of
the construction costs for the Required Improvements.
NOW. THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer. the Board and the Lender do hereby covenant and agree as follows:
I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements,
to be constructed pursuant to specifications that have been approved by the Development Services Director within 36
months from the date of approval of said subdivision plat.
2. Developer hereby authorizes l,ender to hold $~ from the Construction Loan, in escrow.
pursuant to the terms of this Agreement
3. Lender agrees to hold in escrow $.(ff~3_1[1.,~ from the Construction Loan, to be disbursed only t~ursuant
to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Constru(~ti~n Loan
fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the
Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval ofthe Development
Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer.
in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work
costs less ten percent (10%): and further, that upon completion oflhe work, the Development Services Director shall
approve the release of any remainder ofescrowed funds except to the extent of $~ which shall remain in escrow
as a Developer guaranty of maintenance ortho Required Improvements for a minimum period ofone ( l ) year pursuant
to Paragraph l 0 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender
agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender. as of the
date of the demand, provided that upon payment of such balance to the County, the Count)' ',,,,'ill have executed and
delivered to the Lender in exchange for such fimds a statement to be signed by the Development Services Director lo
the effect that:
(a)
(b)
(c)
Developer for more than sixty (60) days after written notification &such failure has
failed to comply with the requirements of this agreement:
The County, or its authorized agent, will complete the work called for under the terms
of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent
of the funds then held in escrow:
Thc escrow funds drawn down by the County shall be used for construction of thc
Required Improvements, engineering, legal and contingent costs and expenses, and
to offset any damages, either direct or consequential, which the County may sustain
on account of the failure of the Developer to carry out and execute the above-
mentioned development work; and,
(d) The County will promptly repay to the Lender any portion of the funds drawn down
and not expended in completion of the said development work.
5. Written notice to the Lender by tile County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment
by the l..ender to the Developer of the amounts specified in a letter ofauthorization by the County to the Lender shall
constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of
authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by lhe Development Services Director for compliance with the Collier County Subdivision Regulations.
7. The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or
b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Director of the Required Improvement,L However. in no event
shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submided for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete lhe Required Improvements, the Board,
after duly considering the public interest, may at its option complete the Required Improvements and resort to any and
all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit
by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to
the Developer or to any other person except as stated in this Escrow Agreement.
I 0. Thc Developer shall maintain all Required Improvement for one year after preliminary approval by the
Development Services Director. After the one year maintenance period by the Developer and upon submission o£a
written reque~ for inspection, the Development Services Director shall inspect the Required Improvements and, it'found
to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the
Board under this Agreement is terminated. The Developer's responsibility for maintenance of' the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County.
I I, All &the terms, covenants and conditions herein contained are and shall be binding upon the respective
successors and assigns ofthe Developer and the Lender,
IN WITNESS WHEREOF, the B.~ and the Deye/oper have caused this Agreement to be
duly authorized representatives this ~ day of'~/~,~, 19.~. executed by their
S 6NED. SE^LED AND DEUVERED IN
THE?_~SENCE OF:
Printed or Typed Name
Approved as to Fo~ and legal sufficiency:
County
ARi JOEL DEVELOPMENT. INC.
a Florida corporatio
By:
inted or Typed Name
FIRST NATI/~)NAL BANK OF NAPLES,
a Florida ~/~~
By:__~'
Printed or Typed Name
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
Chairman
COST ESTIMATES FOR SAPPHIRE LAKES - UNIT 4B
Manholes 0'-6'
Manholes 6'-8'
Manholes 8'- I 0'
8" SDR 35 0'-6' cut
8" SDR 35 6'-8' cut
8" SDR 35 8'-I0' cut
Double services
8" x 6" wyes
6" clean outs
6" SDR 35
WATER
8" C-900
Fire hydrant w/8.v.
Misc. fittings
8' g.v.
6" C-900
3" SCH 40 PVC sleeves
Sample points
I $ 1,200 ea.
i $ !,400 ea.
I $ 1,600 ea.
64 l.f. $ 12/1.f.
244 I.f. $ 16/l.f.
140 I.f. $ 22/1. f.
9 $ 275 ea.
9 $ 75 ea.
9 $ 250 ea.
320 I.f. $ 9/1. f.
Subtotal
510 I.f. $ 10 I.f.
I $ 1,500 ea.
' $ 600 I.s.
I $ 400 ea.
I0 I.f, $ 8/I. f.
500 I.f. $ 7/1. f.
I $ 150 ea.
Subtotal
$ 1,200
$ !,400
$ !,600
$ 768
$ 3,904
$ 3,080
$ 2,475
$ 675
$ 2,250
$ 2,880
$20,232
$ 5,100
$ 1,500
$ 6OO
$ 4OO
$ 80
$ 3,500
$ 150
$11,330
DRAINAGE
Catch basins
18" PRB
18" headwall
15" RCP
18" RCP
2 $ 1,200 ea.
I $ 200 ea.
I $ 1,000 ea.
28 $
160 $ 198.£
2,400
2O0
1,000
420
3,040
Subtotal $ 7,060
PAVING, SIDEWALKS, SIGNS & PAVEMENT MARKING
24" valley gutter 1,045 l.t. $ 5/l.t..
8" limerock w/prime 1,400 s.y. $ 5.50 s.y.
I 1/2' asphalt (2 lifts) 1,400 s.y. $ 4/s.y.
Subtotal
RESTORATION OF VEGETATION
Total for Unit 4B
$ 5,225
$ 7,700
$ 5,600
$18,525
$ 3,200
$60,347
~ zz.34
&
16A
CONSTRUCTION, MAINTENANCE AND FUNDING AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
(hereinafter "Developer), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA.
(hereinafter "The Board") and Huutluglon National Bank of Florida ~q~la The Huutingto,~ Nafloual Bank.
(hereinafter "Lender").
PREMISES
A. Developer has. simul~ncously with thc dclivery of this Agreement, applicd for thc approval by thc
Board ora certain plat of a subdivision to be known as: Augusta at Pelican Marsh.
B. The subdivision will include certain improvements which are required by Collier County ordinances, as
~et forth in a site com'u'uction cost estimate ("Estimate") prepared by Butler Engineering, a copy of which is
attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required
Improvements" are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3,2.9.1 of the Collier County Subdivision Code Division of the Unified Land
Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance
of the Required Improvements.
D. Lender has entered into a land development loan agreement with Developer dated May 21, 1997 (the
"Development Loan") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement $197,139.80, and this amount represents 110% of the Developer's engineer's estimate
of the consmaction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual convenants hereinafter set
forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements,
to be comu'ucted pursuant to specifications that have been approved by the Development Services Director of
Collier County, Florida within 12 months from the date of approval of said subdivision plat.
2. Developer hereby authorizes Lender to "segregate S197,139.80 (hereinaRer "the Funds")" fi.om the
Development Loan, in escrow, pursuant to the terms o£ this Agreement.
3. Lender agrees to segregate the Funds $197,139.80 fi.om the Development Loan, to be disbursed only
pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the
Development Loan fi. md, bu~ that only such funds as are actually disbursed, whether pursuant to this Agreement or a
provision of the Development Loan, shall accrue interest. Upon disbursement of any of the Funds, to any person or
entity other than the Lender, such disbursement shall constitute a draw against the Development Loan, and shall
accrue :nterest.
4. The Funds shall be released to the Developer only upon written approval of the Development Services
Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in
amounts due for work done to date based on the percentage completion of the work multiplied by the respective
work costs less ten percent (10%); and further, that upon completion of the work, the Development Services
Director shall approve the release of any remainder of the Funds except to the extent of $19,713.98 which Lender
shall continue to segregate as a Developer guaranty of maintenance of the Required Improvements for a minimum
period of one (I) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail
to comply with the require'menu of this Agreement, the parties agree that Lender shall pay to the County the balance
of the Funds to the County. Before Lender becomes obligated to pay the balance of the Funds to the County upon
the Developer's failure to comply with this Agreement, the County will have executed and delivered to the Lender a
statement to be signed by the Development Services Director to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has failed to
comply with the requirements of this agreement;
(b) The County. or its authorized agent, will complete the work called for under the terms of
that above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall
deem necessary in the public interest to the extent of the funds then paid to the County;
(c) The Funds drawn down by the County shall be used for construction of the Required
Improvements. engineering, legal and contingent costs and expenses, and to of[set any damages, either direct or
consequential, which the County may sustain on account of the failure of the Developer to carD.' out and execute the
above-mentioned development work; and.
(d) The County will promptly repay to the Lender any portion of the Funds draw~ down and not
expended in completion of the said development work.
:
5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of the specified portion of the Funds to the
Developer, Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the
County to the Lender shall constitute a release by the Count)' and Developer of the Lender for the Funds disbursed
in accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be reviev,'ed and
approved by the Developmem Services Director for compliance with the Collier County Subdivision Regulations.
The Development Services Director shall, within sixty (60) days of receipt of that statement of substantial
completion, submit his recommendations concerning the Required Improvements to the Board.
7. Upon receipt by the Board of recommendations from the Development Services Director concerning
whether Required Improvements are complete, the Board shall within thirty (30) days either: a} notify the
Developer in writing of its preliminary approval of the improvements; or b) notify the Developer in writing of its
refusal to accept the improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Board's acceptance of the Required Improvements. However, in no event shall the Board refuse
preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance
with the requirements of this Agreement.
8. Should the Funds be insufficient to complete the Required Improvements, the Board, after duly
considering the public interest, may at its option complete the Required Improvements and resort to any and all legal
remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those segregated in
accordance with this Agreement; provided, that the Lender does not release any monies to the Developer or lo any
other person except as stated in this Agreement.
10. The Developer shall maintain all Required Improvements for one year after the preliminary acceptance
by the Board; as soon as practical afier the one year maintenance period by the Developer has terminated, the
Development Services Director shall inspect the Required Improvements and. if found to be still in compliance ',.,,ith
Collier County Subdivision Regulations as reflected by final acceptance by the Board, the Developer's responsibilit3
for maintenance of the Required Improvements shall terminate; other~'ise, the Developer's responsibility for
''~
Assistant Coun{y Ariorney
BOARD OF COMbl/SSIONERS
OF COLLIER COUNTY. FLORIDA
f
f'lhh ,+ A 16A
ENGINEER'S PRELIMINARY ESTIMATE OF PROBABLE COSTS 5
PROJECT: AUGUST A @ PELICAN MARSH
DATE: 05/28/97
ITEM DESCRIPTION OTY. UNIT COST PRICE
WATER
8" PVC WATER LINE 1460 IF $10.00 $14.600.00
12" x 8" HOT TAP W/GV 1 EA $1.500.00 $1.500.00
8" G.V:s 2 EA $500.00 $1.000.00
CONNECT TO EX. DEAD END 1 EA $150.00 $150.00
FIRE HYDRANT COMPlETE 4 EA $1.500.00 $6.000.00
SERVICES (SHORT) 12 EA $250.00 $3.000.00
SERVICES (lONG) 10 EA $350.00 $3.500.00
PERMANENT SAMPlE STATION 1 EA $700.00 $700.00
TOTAL WATER $30.450.00
II SANIT ARY SEWER
8" PVC SANITARY 1353 IF $22.00 $29.766.00
SANITARY MANHOLE (0-12) 7 EA $1.200.00 $8.400.00
SERVICES (SINGLE) 6 EA $250.00 $1.500.00
SERVICES (DOUBlE) 14 EA $300.00 $4.200.00
CONNECT TO EX. SYSTEM 1 EA $500.00 $500.00
TOTAl SANITARY SEWER $44.366.00
III PAVING
1 1/2" ASPHALT 3.290 SY $3.00 $9.870.00
6" BASE 3.290 SY $4.00 $13.160.00
12" STABILIZED SUBGRADE 3.950 SY $2.00 $7.900.00
SIDEWAlK 65 IF $8.00 $520.00
V AllEY GUTTER 2.990 IF $7.00 $20.930.00
TYPE "A" CURB 94 IF $8.00 $752.00
V AllEY CROSSING (WHIMBREl) 180 IF $9.00 $1.620.00
SIGNAGE & STRIPING 1 lS $750.00 $750.00
TOTAl PAVING $55.502.00
IV ùRAINAGE
18" R.C.P. 744 IF $20.00 $14.880.00
GRA TED INLET 4 IF $1.000.00 $4.000.00
THROA T INLET 8 IF $1.200.00 $9.600.00
HEADWAll (18") 3 EA $900.00 $2.700.00
TOTAL DRAINAGE $31.180.00
V IRRIGATION
4" PVC IRRIGATION MAIN 1480 IF $9.00 $13.320.00
CONNECT TO EXISTING 2 EA $400.00 $800.00
SERVICES 36 EA $100.00 $3.600.00
TOTAL IRRIGA nON $17,720.00
TOTAL SUBDIVISION IMPROVEMENTS $179,218.00
_...-~ ..
ENGINEERING REVIEW DEPARTMENT
16A5
ReceVEÐ
I' P "7 '00"
.;v'- ¿ . "T
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~J
øoard of County Commissioners
DATE: July 20.2004
RE: Augusta at Pelican Marsh
On August 26, 1997 the Board of County Commissioners approved the plat and standard
Construction and Maintenance Agreement for Augusta at Pelican Marsh (Item 16-A-5).
Attached are the original agreement and Letter of Credit. Upon execution by the
Chairman, please forward to the Clerk.
(This is a replacement security and Agreement)
Please let me know if you should have any questions.
l6A5
~
.'
i
ENGINEERING REVIEW DEPARTMENT
MEMORANDUM
TO: Trish Morgan
Clerk to the Board
FROM: John R. Houldsworth
Senior Engineer
RE: Augusta at Pelican Marsh
Letter of Credit No. 07-04-0367
DATE: July 20, 2004
Attached please find an original replacement construction & maintenance agreement
and letter of credit for the referenced project. Please keep this replacement until
such time as the Board authorizes it's release.
If you have any questions, please let me know.
JRH
Page "2 ot j
16AS'·.,
STR_DOCUMENT~ VIEW
I.u.p.t ~ 40 , I~:¡
A.. gmprmr~, P~9f11D'! .. D'1IRmrJØ1l'1'AL ...neB.
1) Request. to g:r;e.ra.t f1ua1 &eceptanQe of tbe ::oa4way,
drainage, wat.e:o and sewer !mp::ovetne:1tø £0: the final
"Wind.or Place at Berk.hiz:e l.akea",
...... "·311
2~ Request to app:rove the final plat of "¡elican st!
aeplat ~ 'I .
with coutnct.ioft end ..tlLt.DAnae .l.gr...an~ .. .t1pu~
Approva4 .'0 - cø-m~..ian øarcia ab.t.~.4.
3) Waive~ of road impact fe.s. lic%ary system impact
parks and recre&tional facility impact fee., eme~get
medical services øystem impact fees, water system in
fees. sewer system impact fees, and educational fac~
system impact fee. fo~ eight (8) single family house
built 1)y I'D\mokalee Habitat for H1.1.'tQanity, IñC., in Në
Manor Lake. and to fund laid waivers from Affo~dabl.
T%Ust Fund, Fund 19~.
a... 9'-311, S,.S20, 17-121, 91·'22. "-333, "-314,
9?~316 and Agr.~t.
4) Request to approve fox reoo:rding the tinal plat ~
-sapphire ~akeB unit 4B-,
T111t.h Cout:l:'QctiOD ø-d ....ilat.1L.no. . ..0'1:0" I.gn....nt
.t.:Lpula~1o:D..
~ Request to appro'l7e for :r:eco:r:d.ing tile J:1ua:L plat c
~~ at Pelican Marsh".
Wi~h con.true~iOD ana Kaint.n.nc. & _.crow Ag~....~t
.tipul.at.io1l..
6' a.qu..~ to &ppr~e fer ~ecording the final plat c
11 S apphi re Lake. Uni t 4C·.
With Caa.truo~iOB &.a .aiD~8DaDC. a ..Qrow Ag~emeat
.t:l.1''\11..t.1.0..
,) Recommendation to approve commeroial Exoavation 1
No. 59.614, ~Vanderbilt Beacb Spoil Disposal- locatE
29, 'loaas, R~SB,
Wai.. ~h. re;uir..en~ !oz S.cuz1~
B. fua¡'I:C "CKES
1) Report:. to the Board OD the reBult8 of the A.nDuaJ
countywide Traffic SLgnal Warran~ study and IntarBec
Imoraveœant 'Procn:'am. and !:eaue.~ fundinCl a:D'Droval .!
16A5
MEMORANDUM
Date:
July 28, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Augusta at Pelican Marsh
Agreement and Letter of Credit
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A5), approved by the Board of County
Commissioners on August 26, 1997.
The original document is being retained in the Minutes &
Records Department.
If you should have any questions, please contact me at
ext. 8406.
Thank you.
Enclosure
16A5
~
CONSTRUCTION AND MAINTENANCE
AGREEMENT FOR SUBDIVISION IMPROVEMENTS
AUGUST A at PELICAN MARSH
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this I.. 0 í~ day of jú~ 20.b.1.. by CIRRUS
PROPERTIES, LLC (hereinafter "Developer"), and the BO OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, (hereinafter "The Board").
RECITALS:
A. The current Developer's predecessor has obtained approval by the Board of a certain plat of a
subdivision to be known as: AUGUSTA at PELICAN MARSH, as well as obtained preliminary
acceptance by Collier County for the required installed improvements.
B. The current Developer is now completing necessary actions required to obtain final acceptance of
platted improvements by Collier County in the next 30 days, but wishes to postpone the final asphaltic
overlay for an additional 12 months.
C. Division 3.2 of the Collier County Land Development Codes requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
I. Developer is currently scheduling inspections for final acceptance of the existing improvements by
Collier County.
2. Developer will cause to be constructed. the final asphaltic overlay within 12 months of the date of this
agreement.
3. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of$22575.00 which represents 150% of the cost of the
final asphaltic overlay to complete the required improvements at the date of this Agreement.
4. In the event of default by the Developer or failure of the Developer to complete this final improvement
within the time specified. Collier County may call upon the subdivision performance security to insure
satisfactory completion of the required improvements.
5. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon
certification of such failure, the County Administrator may call upon the subdivision performance
security to secure satisfactory completion, repair and maintenance of the required improvements. The
Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant
to public advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to
indemnify the Board, upon completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together with any damages, either
-, \ ¿ l> ~ :ì:J=___
__ I
16A5
"1
direct or consequential, which the Board may sustain on account of the failure of Developer to fulfill
all of the provisions of this agreement.
6. All of the terms, covenants and conditions herem contained are and shall be binding upon 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 to () T-+ day of J \) L,/ ' 20~
EALED AND DELIVERED
SENCE OF:
CIRRUS ~ROPERTIES, LLC
By: /\~/i~Or~
David M. Knopke, Manager
>
J. Butler, PE
> Wo bbu (~I~,J
Debbie Lloyd ~
\\\,'1""'....."
ATTEST: .,,' 1\' ¡.~t"'... "'"
."""~,,,~;J ......:/,,;.1 ç~""~,
DWIGIœj:.B~QCK, éi:.É~'·._
j' ~:> i: ~1! ;':~1/r),. .;:;:~\ '\ ~ \~
BOARD OF COUNTY COMMISSIONERS
COLLIER CO , FLOf1.IDAd _
iit1.'Çlerk ~;" . ;':::'1 ; .
:"l,t~.s t .,.~ i . ~~Cij "
s (~~tur... O!Jp,.'" .
Approved as~ó fO'I'ftt ~,n~gal sufficiency:
~.
> ~
J ifer A. B pedlO
Assistant County Attorney
a.C,
Item # \ ltì AS
Agenda<6 '7J.o..en ,"
Date /
Date '1-ø~04-
Rec'd
{V.L.
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16A5
o/¡~¡\!?~ Pt'i \:L·8
Post Office Box 413043 · Naples, Florida 34101-3043
(239) 262-7600
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 07-04-0367
ISSUER:
First National Bank of Florida
2150 Goodlette Road North, 2nd Floor
Naples, Florida 34102
-
DATE: July 9,2004
PLACE OF EXPIRY: At issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until July 9, 2005, and shall thereafter be automatically
renewed for successive one year periods on the anniversary of its issue unless at least sixty (60) days prior to
any such anniversary date, the Issuer notifies the Beneficiary in writing by certified mail that the Issuer elects
not to so renew this Credit.
APPLICANT:
Cirrus Properties, LLC (hereinafter "Applicant")
6151 Pelican Bay Blvd. #34
Naples, FL 34108
BENEFICIARY:
The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary")
c/o Engineering Review Section
2800 N. Horseshoe Drive
Naples, FL 34104
AMOUNT:
$22,575.00 (US) up to an aggregate thereof
CREDIT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY ADMINISTRATOR CERTIFYING THAT: "Cirrus Properties, LLC has failed to construct and/or
maintain the improvements associated with that certain plat of a subdivision known as Augusta at Pelican
Marsh or a final inspection satisfactory to Collier County has been performed prior to the date of expiry, and
satisfactory alternate performance security has not been provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First
National Bank of Florida Credit No. 07-04-0367, dated July 9, 2004". The original Letter of Credit and all
amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any
way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to
"Relationships Built on Trust" HI
16A5
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 Beneficiåry 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 (1994 Revision)
International Chamber of Commerce Publication No. 500.
. .
, .
BUTLER ~
. . .
engineering, Inc.
16A5
June 30, 2004
Mr. John Houldsworth, PE
Collier County Engineering Services
2800 North Horseshoe Drive
Naples, Florida 34104
Subject: Augusta @ Pelican Marsh
Dear John,
The development responsibilities have, in actuality, been transferred to Dave Knopke of Cyrus Properties. Until
recently he was under the impression that he simply bought some of the remaining lots in the project. We are
scheduling sewer viewer and will be calling Randy and Darrell for the final acceptance process. We would like to
delay the fInal overlay for an additional year. The association has money in escrow for this overlay, but Mr. Knopke
is having a letter of credit prepared to cover that cost at 150% of a recent bid with Better Roads.
Bond Requirement
Y." Asphalt Overlay
1 LS $15,050.00
Security Required @ 150%
$22,575.00
I need to call him to conflnn the above once we've talked. I am also preparing a maintenance agreement that I will
forward to you under separate cover. He'll be in town next week and can execute that document. Are there any other
required items to confinn the responsibility transfer. He has sold his lots and the sale is pending release of building
permits. He would like to close by the end of July. Assuming Dacrel and Randy are available, everything should be
accomplished by that date. I will forward the new security, along with a request for release of the old security, next
week. Please call ifl'm missing anything
·Thank you. --",
.'
. -
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,. ary Butler, P~j~79
6/30/04 ','
..:....
. .
. .
RECEIVED
JUN 3 0 2004
2223 TRADE CENTER WAY NAPLES, FLORIDA 34109
TELEPHONE (239) 566 - 3636 FAX (239) 566 - 1327 Email PBUTLER202ía>AOL.COM
1 6A 6
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT enten:d into this .:U. 7~ day of . 1997. by ARI JOEL
DEVELOPMENT. fNC.. a Florida corporation. (hereinafter "Develo. r"). THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COlJN1Y. FLORIDA (hereinafter "The ßóard") and FIRST NATIONAL BANK
OF NAPLES. a Florida banking corporation. (hereinafter "Lender").
RECITALS:
A. Developer ha.\. simultaneously with the delivery Oflhis Agreement. applied for the approval by the
Board of a certain plat of a subdivision 10 be known a~ SAPPHIRE LAKES UNIT 4C.
ß. 1l1e subdivision will include certain improvements which arc required hy Collier County ordinances.
lIS set forth in a site con.wuction cost ~imale (Wf:stimate) prepared by Avirom- To/too & Assoc Inc. a copy of which
is altached hereto and incorporated herein a.s Exhibil I. For purposes oflhis Agreemenl. Ihe "Required Improvemenls"
arc limiled 10 IhO:\C described in Ihe Estimate.
C. Sectiom 3.2.6.5.6 and 3.2.9.1 oflhe Collier Counly Subdivision Code Division of Ihe Unified Land
Developmenl Code requiI'CS the Developer 10 provide appropriate guarantees for the construction and maintenance of
Ihe Required Improvemenl~.
D. Lender has enlered into a conslruclion loan agreemenl wilh Developer dated April 29 J 997 (the
"Conslruclion Loan") 10 fund the C~I of Ihe Required Improvemenls.
E. Developer and Ihe Board have acknowledged Ihallhe amount Developer is required 10 guaranlee
pursuanllo this Agreement is SS4,481 10. and Ihis amount rcpre5Cf1l~ I 10"1. of Ihe Developer's engineer's estimale of
Ihe conslruclion costs for Ihe Required Improvements.
NOW. n IEREFORE. in consideralion of Ihe foregoing premiSC!\ and mutual covenants hereinafter set forth.
Developer, Ihe Board and Ihe I.ender do hereby covenant and agree as follows:
I. Developer will cause: the water, sewer. roads. drainage and like facilitie:'l.lhe Required Improvements.
10 be constructed pursuant to speciflCalions Ihal have been approved by Ihe Developmenl Services Director within 36
months from Ihe dale of approval of said subdivision pial.
2. Developer hereby authorizes Lender 10 hold $84,481 10 from the Construction Loan. in escrow.
pursuanllo Ihe lerms of this Agreemenl
3. Lender agrees to hold in escrow $S4,481 10 from the Construction Loon. to be disbursed only pursuant
10 Ihis Agreement. Lcndc:r acknowledges Ihalthis Agreement shall not constitute a draw against the Construction Loan
fund, butlhat only such funds as are actually disbursed. whether pursuanlto this Agreement or a provision of the
Construction Loan. shall accrue interest.
4. The escrowed funds shall be released 10 the Developer only upon written approval of the Development
Services Director who shall approve the release of the funds on deposil not more than once a monlh 10 Ihe Developer,
in amounts due: for work done: 10 dale based on Ihe percentage completion of the work multiplied by Ihe respective work
costs less len percent (10"/.); and further. that upon completion oflhe work. the Developmenl Services Director shall
approve the rc:lease: of any remainder of e:scrowed funds e:xcept to the: exlent ofS~ which shall remain in e:scrow
as a Developer guaranty of maintenance of the Required Improve:me:nts for a minimum period of one: (I) year pursuant
to Paragraph 10 of the: Agreement.
(' \rO'\"\JM"'An'1fJaFM",,..,.... _m
]6A 6:
i Iowevcr. in thc event that Devclope~r shall fail to comply with thc requirements of this Agreement, then thc Lender
agrees to pay to thc County immediately upon demand Ibe balance oftbe funds beld in escrow by the Lender, as of the
date of the demand, provided that upon payment of such balance to the County, the County will have executed and
delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to
thc effect that:
Ca)
Developer for more than sixty (60) days after written notification of such failure h~
failed to comply with thc requirements of this agreement;
'l-be Cotmty. or iL~ authoriz£d agent will complete the work called for under the terms
of the above-mentioned contract or will complete such portion of such work as the
Count)'. in its sole discretion shall deem necessary in the public interest to the extent
of the funds then held in escrow:
(c)
The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and
to offset any damages, either direct or consequential, which the County may sustain
on account of thc failure of the Developer to carry out and execute the above-
mentioned development work; and,
(d)
The County will promptly repay to thc Lender any portion of the funds drawn down
and not expendcd in comp{etion of the maid development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment
by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall
constitute a release by the Counzy and Developer of the Lender for the funds disbursed in accordance with the letter of
aulborization from the County,
6. Thc Required Improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by the Development Services Director for compliance with the Collier County Subdivision Regulations.
7. The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either, a) notify the Developer in writing of his preliminary approval of the improvements; or
b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Director of the Required Improvements. tlowever, in no event
shall the Development Services Direclor refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement,
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board.
after duly considering the public interest, may at its option complete the Required Improvements and resort to any and
all legal remedies against the Developer.
9. Nothing in this Agreement shall make thc Lender liable for any funds other than those placed in deposit
by the Developer in accordance with the foregoing provision; provided, that the Lender does not release an), monies to
the Developer or to any other person except as stated in this Escrow Agreement.
I 0. The Developer ~.all maintain all Required Improva'nent for one year after preliminary approval by the
Development Services Director. After the ore year maintenance period by the Developer and upon submission ora
written request for inspection, the Deve~ent Services Director shall inspect the Required Improvements and, if found
to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the
Board under this Agreement is terminated, The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accept~ maintenance responsibility for and by the County.
II. AIl of the terms, covenant~ and conditions herein contained are and shall be binding upon the respective
successors and a~signs of the Developer and :he Lender.
IN WITNESS WHEREOF. the Boa,rcJ and the E)tw~ have cau~d this Agrecment to he executed by their
duly authorized representative~ this ~ day of~ 197~.
SIGNED, SEALED AND DELIVERED IN
Ttt:~ PRESENCE OF:
Printed or T~d Name ~ -
ARI JOEL DEVELOPMENT, INC.
a Florida corporation
· Printed or Typed Name
FIRST NATIONAL BANK OF NAPLES,
a Florida b~fiking ~a~rporation
By: '~
Printed or Typed Name
Apprp~'~d ~ Io~ ~o.,~n 'and legal sufficiency:
County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
6
COST ESTIMATES FOR SAPPHIRE LAKES - UNIT 4C
Manholes 0'-6'
8" SDR 35 0'-6' c~t
Double services
8" x 6" wyes
6" clean outs
6" SDR 35
3 $ 1,200 ea.
470 $ 12/I.t.
I 1 $ 275 ea.
11 $ 75ea.
11 $ 250 ea.
330 I.r. $ 9/1.t.
WATER
Subtotal
8" C-900
Fire hydrant w/gv.
Misc. fittings
6" C-900
3" SCH 40 PVC sleeves
Sample points
530 $ IO/1.E
2 $ 1,500 ea.
- $ 1,200 I.s.
20 $ 8/1.£
400 I.£ $ 7/1. f.
1 $ 150 ea.
DRAINAGE
Subtotal
Catch basins
Manholes
24" PKB
24" headwall
15" RCP
I 8' RCP
24" RCP
4 $ !,200 ea.
3 $ 1,400 ea.
I $ 200 ea.
I $ 1,200 ea.
56 $ 15/1.f..
411 $ 19/l.ff..
159 $ 28/1.t'.
Subtotal
PAVING, SIDEWALKS, SIGNS & PAVEMENT MARKING
24" valley gutte~ i,000 l.f. $ 5/I. f.
8" limerock base w/prime 1,334 s.y. $ 5.50/s.y.
1 I/2" asphalt (2 lifts) 1,334 s.¥. $ 4/s.y.
RESTORATION OF VEGETATION
3,600
5,640
3,025
825
2,750
2,970
$18,810
5,300
3,000
1,200
160
2,800
150
$13,260
S 4,800
$ 4,200
S 200
$ 1,200
S 840
S 7,866
S 4,452
S23,558
5,000
7,337
5,336
Subtotal $17,673
$ 3,500
Total for Unit 4C $76,801
WORK ORDER # ;IM'A-FT-97-2
Agreement for Fixed Term Profelsional Engineering Services ! 6B
Dated September 26, 1995 (Contract #95-2422)
'"his Work Order is for professional engineering services for work known as Project:
tn r inn m r v m n
Thc work is specified in Ibc proposal daled ~997 which
iS aHached herein and made a parl of Ibis Work Order. In accordance wilh Ibc Terms and
Conditions of thc AIrccmcnt referenced above. Work Order ff~ is assigned lo
(Firm Name}
Pleale see the attached Icope of work.
~~ Complete work within 9~. days from rcccipl of Ibc Notice lo Proceed
aulhorizing start of work.
~ In accordance with Article Five of the A~rccment. the County will
compensalc thc Firm in accordance with thc negotiated lump sum amoant indicated in the
schedule below. Please ~ce Ihe attached man hour break down.
Basic Services - S$5,609
Conlingcncy Service . S30,830
Reimbursables L
TOTAL FEE $86,439
Any change within monetary authority of this Work Order made subsequent to final
dcparlmcnt approval will be considered an addilional service and charged according to
Schedule 'A' of Ihe Agrccmcnl
PREPARED BY:
Milch Momtaz, P.E., Project Manager
Offi~ of Capital Projects Management
Adolfo A. Gonzalez, P.E.. Dirccfor
Office of Capilal Projects Management
,~ TTEST~, a fi,.' .
Dw}ght E. Broc~lcrk
A~provcd as to For~and
Dale:
ATT£ST:
(Corpc. ralc Secretary)
By:
Type Name and Title
(or) witncsscs~2) ~ ~ '\/
(I)~
Signalurc ~ (_.../
Print Name
I.GK/WOFTPES.O02
DATE
DATE
BOARD OF COUNTY COMMISSIONERS
Collier Counly, Florida
By: ~
Timolhy L//,f{3 n~c ock. A I C p,c h a i r m a n
Ilnle Mnnl As o ia/ s In
Contractor
(2) ~__
tint Name /
?rolect:
Parcel:
Radio Road l'haae II
1~6
2222028 OR: 2343 PG: 2494
~ ~1 42.00
'" 1 6 B 1 1
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
'A~reement") is made and entered into by and between COLLIER COUI~I'f,
political ~ubdivl~lm of the State of Florida (hereinafter referred
Building, Naples, Flori~ 3&112, and R~ ~lM BUIldS, INC., its successors
and assigns (hereinafter referred to a~ 'Developer") whose mailin~ address
8OO1 Radio Road, Naples, Florida
~ER~S, the future four-lantng of Radio Road from SanKa Barbara Blvd. to
S.E. 8a Is listed an C.I.E. ProjeCt No. ~6 under the Transportation Element of
.he County's C~rehe~lve Plan. Although Radio Road, CIE 16, is outside the
current Five Year ~ork Proart, from a perm[Kt[n~ and conk ma~ement
the pe~its, In a~a~e of :he roadway construct[on from Santa Barbara Blvd.
S.R,
~ER~S, Ordtna~ ~o. 95-~0. which amends Ordtnanc~ No. 8~-2~,
H~ron, ~ planned Unto Devetopm~nt, wa~ approved by th~ Board of County
~ER~S. th~ ~v~loper Is ch~ contract wnd~ of ~h~ property ~ho~ tn
referred to ~s the -Property'); ~nd
nenerat p~rtn~rshtp (her~tnafter r~f~rred to as '~r') shatt 8ran~ an
~sem~nC ~ssoc~at~d ~tth the improwm~nts to Radio Road who~ width woutd vary
from ~0 to ~ f~t for drainage puffo~es. mor~ parCtcutarty sho~ tn Exhtbtc
'B', ~htch ~s stt~ch~d hereto ~nd mad~ a parc hereof, a~ong ~he enCtre east
bound~ of satd Gr~n H~ron ~D~ and
~S, th~ ~r h~s pr~vtousty p~atced tn Pl~t Book ~7, Pa~ 9~, Tr~c~
~I~. th~ t~n~y-f~v~ (2~') foot public road rt~C-of-w~Y ~long th~ north
~S, ~v~top~r ~h~t~ con~ruc~ ~he ou~f~tt d~n~8~ s~at~ from R~dto
Ro~d to th~ ~otd~n G~t~ Cana~, a~ more parCtcutarly d~scrlb~d ~n ~he
design pt~n~ for Project ~o. 6503t ~e designed by Agnot~. Barber & Brunda8e.
Inc.~ and
~R~S, D~v~o~r sh~l r~cetve Road Impact ~e Credits purs~nt
Ordinance fro. 92-22, as amended, for constructtng the oucfatt dratnase
~nd
ghatS, D~w~op~r sh~tt construct th~ ou~f~lt dr~nag~ s~at~ from ~-7~
ch~ Gordon ~t~ C~ w~chtn th~ ~t~ of th~ Biff Cypress Basin
~D ~8~00 ($92,902.~8) ~L~S, which tnctud~s ~y f~fceen (tSZ) p~rcenC
contingency, t~ ch~ certtfted cost ~s~tmace prepared RDHC. inc., D~vetoper's
Enstne~r, for the D~vetoper ~o construct the oucfal~ dratnage swale from R~dto
Road ~o ~he south rtfhc'of'waY ttne of Interstate ~-75; and
OR: 2343 PG: 2495
16B1 1
I~tiEREAS, notwithstanding any other provisions contained herein, the
Developer shall have the right, at Developer's option, to modify the
:onstruction plans for that portion of the outfall drainage swale from Radio
Road to the south right-of-way line of Interstate 1-75 so as to incorporate the
Rsdio Road outfall in a lake system on the Property of Developer's design. In
such event, the Developer shall still be entitled to the exact credit stated
above for the cost of constructing the drainage outfall swale as originally
designed, but the Developer will be solely responsible for any additional
construction or permitting costs associated with the project's lake system, or
the inclusion of the Radio Road outfall into that system. The County agrees to
cooperate with the Developer in obtaining necessary approvals for such a lake
system, both with the County and with other governmental agencies, such as the
South Florida Water Management District, to the extent of County's resource
constraints and within the limits of County's authority; and
WHEREAS, it has been determined that SIXTY NINE THOUS~'ID TI;O HUNDRED
THIRTY riVE ~P 75/1OO ($69.235.75) DOLLARS. which includes a fifteen (15l)
percent contingency, is the certified cost estimate prepared by RDMC, Inc.,
Developer's Engineer. for the Developer to construct the outfall drainage swale
from the north right-of-way line of Interstate 1-75 to the Golden Gate Canal;
and
I,qqEREAS. It is mutually agreed by both parties that the credit of
$92,902.18 required to construct the southern portion of the outfall drainage
swale, shall be added to the credit of $69,235.75 to construct the northern
portion of the outfall drainage swale, providing a new balance of $162.137.93.
Any additional costs shall require Developer to obtain prior written approval
from County; and
VHEREAS, both parties to this Agreement acknowledge that the Road Impact
Fee Credits established under this Agreement shall run with the Property, and
shall be reduced by the amount of the Road Impact Fee due for each building
perm[t issued thereon, until all such Credit has been exhausted, or until all
development upon the Property has been completed; and
I~(EREAS, both parties to this Agreement acknowledge Road Impact Fee
Credits shall be a credit only against Road Impact Fees. and that such Credits
shall not offset, diminish or reduce any other charges, fees or other Impact
fees for which Developer Is responsible in connection with the development of
the Property; and
1,qiEREAS, such proposed plan is in conformity with contemplated
improvements and additions to the transportation network; and
UHEREA$. such proposed plan, viewed In conjunction with other existing or
proposed plans, will not adversely impact the cash flow or liquidity of any
Road Impact Fee Trust Account in such a way as to frustrate or interfere with
other planned or ongoing growth necessitated capital improvements and additions
to the transportation network; and
WHEREAS, such proposed plan, viewed In conjunction with other existing
or proposed plans, will not create a detrimental imbalance between the arterial
and collector roadways; and
WHEREAS. the proposed plan is consistent with the public interest; and
1~liEREAS. both parties to this Agreement acknowledge that the failure of
this Agreement to address any permit, condition, term or restriction shall not
relieve either party, or their successors, of the necessity of complying with
any law, ordinance, rule or regulation governing said permitting requirements.
conditions, terms or restrictions; and
UHEREAS, both parties to this Agreement acknowledge that the burdens and
benefits of this Agreement shall be binding upon and shall inure Co the
successors in interest to the parties to this Agreement; and
%41{EREAS, both parties to this Agreement acknowledge that this Agreement is
not to be construed as a development agreement under the Florida Local
Government Development Agreement Act.
OR: 2343 PG: 2496
1681 1
W I T N E S $ E TH:
NTB/, THEREFORE, for and in consideration of the premises and respective
undertakings of the parties hereinafter set forth and the sum of TEN ($10.00)
DOLLARS, and other flood and valuable consideration, the receipt and sufficiency
of which are hereby ~utually acknowledged, it is agreed by and between the
parties as follows:
1. The above recitals are true and correct and are herewith incorporated
as a part of this Agreement.
2. The Developer shall construct the outfall drainage swale from Radio
Road to the Golden Gate Canal, as more particularly described in the County's
design plans for Project No. 65031 as designed by Agnoli, Barber & Brundage,
Inc., however, Developer may, at Developer's option, construct a lake system on
the property that will be properly permitted by all proper governmental
authorities to replace the portion of the outfall dra[nage swale from Radio
Road to the south right-of-way line of Interstate 1-75, as long as sald system
shall accept the outfall from Radio Road that was permitted or the drainage
swale and provided Developer shall be responsible for all construction and
per~itting costs associated withe the projects lake system or the inclusion of
the Radio Road Outfall into that system.
3. The County, should the Developer elect to modify the portion of the
outfall drainage swale from Radio Road to the south right-of-way line of
Interstate 1-75. shall cooperate with, and assist, Developer in obtaining any
necessary penaits for said ~odiftcstion, both with the County and with other
governmental agencies, such as the South Florida Vater Han~gement District, to
the extent of County's resource constraints and within the County's authority;
and
&. In exchange for the swale construction as noted above, the Developer
shall be entitled to a Road Impact Fee Credit in the amount of the Developer's
actual costa for the construction of the Outfall Drainage Swale described in
Section 2. The credit shall be effective aa follows: (a) Initial estimated
Credit tn the amount of $69,235.75 shall be available upon completion of the
construction of the outfall drainage swale from the north right-of-way line of
Interstate 1-75 to the Golden Gate Canal and receipt by County of the actual
construction costs thereof certified by a professional engineer registered in
the State of Florida aa being true and accurate; and (b) Initial estieated
Credit in the amaunt of $92,902.18 shall be available upon completion of the
construction of the outfall drainage swale from Radio Road to the south
right-of-way line of Interstate 1-75 and receipt by County of the actual
construction costs therefor certified by a professional engineer registered in
the State of Florida as being true and accurate. The total amount of the
credit available to the Developer shall not be in excess of five (5l) of the
initial estimate of costs.
5. Developer shall retain adequate records and supporting documentation
which concern or reflect total project cost of the Improvements to be
contributed. This information shall be available to the County, or its duly
authorized agent or representative, for audit, inspection or copying, for a
minimum of five (5) years from the termination of this Agreement.
6. Effective as outlined above, until development of the Property is
completed, or until the balance of the Road l~pact Fee Credit has been reduced
to zero (0) the County shall apply portions of the Road Impact Fee Credit
toward the Road Impact Fees which the Developer is required to pay for each
building permit which is applied for on the Property, reducing the balance of
the Road Impact Fee Credit by the same amount due for each building permit so
issued.
7. County shall provide Developer vith a certified copy of this
Agreement, including all exhibits attached hereto, such that Developer's
certified copy of Exhibit "C" and Exhibit "D" (Road Impact Fee Credit Ledger),
shall serve aa the ledger sheet to document Developer's balance of Road Impact
Fee Credits.
OR: 2343 PG: 2497
16Bll
8. With esch building permit tasued on the Property, the County shall
subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees
appropriate to that particular permit and shall enter the new balance in the
.edger column labeled Impact Fee Credit Balance. Next to this new credit
balance, both the County Official issuing the building permit and the
Developer°s Representative applying for the building permit shall print and
sign their names.
~. Developer acknowledges that the donations or contributions
contemplated under the Agreement shall be construed and characterized as work
done and property rights acquired by a highway or road agency for the
improvement of a road within the boundaries of a right-of-way.
10. County shall record this Agreement In the Public Records of Collier
County, Florida, within fourteen (la) days of its execution by the Chairman of
the Board of County Com~lssioners,
11. Either party to chis Agreement may file an action for injunctive
relief in the Circuit Court of Collier County, Florida, to enforce the terms
and conditions of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for enforcement of the Agreement.
12, This Agreement may be amended or canceled only by the mutual consent
of the parties to the Agreement or by their successors in interest.
13. This written Agreement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties, and there are
no prior to contemporaneous written or oral agreements, understandings.
promises, warranties or covenants not contained herein.
l&. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all such counterparts together shall constitute but
one Agreement.
15. This Agreement is governed and construed in accordance with the laws
of the State of Florida.
16. The parties acknowledge that Developer may transfer and assign Road
Impact Fee Credits to any other project of Developer or a related entity for
any building permit with respect to any property located from time to time
within Road Impact Fee District 1.
IN WITNESS WHEREOF, the County and the Developer have caused this
Agreement to be signed on the day and year first written above.
ATTEST:
· DWIGHT E. '8~OCK~, Clerk
'5
D^TE:
me: ~~
Name~:
~ C~rinC or Type)
BOARD OF COUNTY COHMISSIONERS
COLLIER COUNTY, ~ORIDA
BY:~
~nu~Mxff. IiANGOGK, Chairman
REUVEN HAIM BUILDERS. INC., a Florida
corporation ~.~. ~
By:~~ .
Jac-ob.~a'l~. Preside~---
OR: 2343 PG: 2498
16Bll
STATE OF ~~_~
COUNTY OF ~
The foregoing Developer Contribution Agreement was acknowledged before me
this _/~L_;_'~_ day of ~, 19~_ by Jacob Nagar, President. on behalf of
Retrven Haim Builders. Inc,, a Florida corporation, Ha is paraonally known to
me or who has produced es ldentifica~
(affix notarial seal) ~ic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission ~: ~ I,~l~H.l~'
My Commission Expirea:~~Z~
OR: 2343 PG: 2499
EXHIBIT
16Bll
A parcel of land lying in Section 33, Township 49 South, Range 26 East, Collier
County. Florida, lying north of County Road $56 (Radio Road) and south of
Interstate Highway 1-75; being more particularly described as follows:
Co"~"encing at the southeast corner of Section 33, Township 49 South, Range 26
East, Collier County, Florida. Run thence NOO°14,28-W, 50.00 feet along the
east line of said Section 33, to a point on the north right-of-way line of
County Road 856. Said point being the Point of Beginning. Run thence along
said north right-of-way S89'2&'12"W, 2645.56 feet; thence $87'44'21"W, 4&0.O2
feet; run thence along the west line of the East I/6 of the West 1/2 of said
Section 33, NO0'O6'26'W, 310&.22 feet to a point on the south right-of-way line
of Interstate 1-75; thence elong said right-of-way N87'55'16"E, 1917.87 feet;
thence 1161.63 feet along the arc of a curve, curving to the right through a
central angle of O5'51'20" at a radius of 11366.44 feet to a point on the east
line of the aforementioned Section 33, said curve having a chord of 1161.13
feet and ~ chord bearing of S89'og'o4~E, thence along said east line
SOO'15'45'E 550.02 feet to the East 1/4 corner of Section 33; thence
continuing along east section line $00'14'28"E, 2561.68 to a point on the north
right-of-way line of County Road 856 and returning to the Point of Beginning.
Less and except the parcel of land that was conveyed by Warranty Deed to CRA
Developers, Inc. and recorded on September 10, 1990 in Official Records Book
1557. Page 1381 et seq of the Public Records of Collier County. Florida,
L~ss and except the parcel of land that was conveyed by Warranty Deed to
Haxwell of Naples Corporation and recorded on Hay 17, 1994 In Official Records
Book 1948. Page 0120 et aeq of the Public Records of Collier County, Florida.
SECTION 34, TO/~NS~,'P 49 SOUTh,
COLLIER COUNTY, FLORIDA
LAND DESCRIPTION
DR~A~ E~SE~E~T OESCR~
D[SCR~8~D AS ~O~.
C~ENC~G AT T~ S~ST COR~ER Of T~g
ANO PARALLEL ~T~ ~ SA~D ~AST Llhg Of
S~CT;O~
T~E~CE N~T~ ~'3J'03" E~ST ~O~G SAgO PARALLEL
SOUtheRLY R,~T-O~-~~ LIN~ Or t~TERSTA 'E 75,
(t~E~/4) O~ 5~zO SECno~
C~TAINtHC 2.259 ACRES Or LA~D. ~OnE OR LESS.
SUO~CT TO EASEu[H~ AHO RESTRIC~Ot~S Of RECOR[).
~ EAST LI~E
Of SE3r 5,. JJ-4~-,:
~KETCH AND DESCriPTION
PR~PAREO ~Y: NOT A ~UF~VEY '
EXMIBIT "C"
DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER
· T~Q. ff~T~A~: This Road Impact Fee Credit Ledger is intended
ocument the balance of road impact fee credits applying
to the following property and ~hall be available upon
completion of the construction of the outfall drainage
swale from the north right-of-way ]Jne of Interstate 1-75
to the Golden Gate Canal:
A parcel of land lying in Section 33, To~mship 49 south, Range 26 east, Collier
County, Florida, lying north of County Road 856 (Radio Road) and south of
Interstate Highway 1-75; belmg more particular].y described as follows:
Commencing at the southeast corner of Section 33, Township 49 south, Range 26
east, Collier County, Florida. run thence n.10'14'28'w, 50.00 feet along the
east line of said Sectloq 33, to m point or the north right-of.way line of
County Road 856. Said point being the po[mt of beginning. Run thence along
said north right-of.way S89'2a'I2"W, 26&5.56 feet; thence $87'44'21"W, 4&0.O2
feet; run thence along the west line of the east 1/6 of the west 1/2 of said
Section 33, NOO'O6'26'W, 3104.22 feet to a point on the south right-of-way line
of Interstate 1-75; thence along said right-of-way H87'55'16"g, 1917.87 feet;
thence 1161.63 faet along the arc of a curve, curving to the right through a
central angle of O5'51'20' at a radius of 11366.44 feet to a point on the east
line of the aforementioned Section 33, said curve having a chord of 1161.13
feet and a chord bearing of S89'O9'04'£, thence along said east line
SO0'15'45'E, 550.02 feet to the east 1/4 corner of Section 33; thence
continuing along east sect[on line SO0'14'28"£, 2561.68 to a point on the north
right-of.way line of County Road 856 and returl~lng to the point of beginning.
L~ss and except the parcel of land that was ronveyed by Warranty Deed to CMA
Developers, Inc. and recorded on September 10, 1990 in Off[c£al Records Boo;;
1557, Page 1381 et seq of the Public Records of Collier Coungy, Florida.
Less and except the parcel of land that was conveyed by Warranty Deed to
Maxwell of Naples Corporation and recorded on May 17, 199a in Official Records
~ook 1948, Page O120 et seq of the Public Records of Collier County, Florida.
OR: 2343 PG: 2501
]6Bll
Beginning Balance.
............... .... .................. [$69,215.75l
$ $
$ I
$ I
*** OR: 2343 PG: 2502 ***
EXHIBIT
DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER
/~..,.~: This Road Impact Fee Credit Ledger is intended
to docuamant the balance of road lmpa:t fee credits applying
~ to the following property and :~hall be available upon
completion of the construction of the outfall drainage
swale from Radio Road to the north r£ght-of-way line of
Interstate 1-75,
A parcel of land lying in Section 33, Township 69 south, Range 26 east, Collier
County, Florida, lying north of County Road 856 (Radio Road) and south of
Interstate Highway 1-75; being more particularly described as follows:
Commencing at the southeast corner of Section 33, Township G9 south, Range 26
eaet, Collier County, Flor[da. run thence nOO'l&'28"v, 50.00 feet along the
east line of said Section 33, :o a point on the north right-of-way line of
County Road 856. Said point being the polnc of beginning. Run thence along
said north right-of-way S89'2&'12'V, 2645.56 feet; thence S87'44'21"~, 440.02
feet; run thence along the wee[ line of the east 1/6 of the vest 1/2 of eaid
get[ton 33, N00'06'26'~, 3104.22 feet to a point on the south right-of-way line
of Interstate 1-75; thence along eaid right-of-way N87'55,16-E, 1917.87 feet;
thence 1161.63 feet along the arc of a curve, curving to the right through a
central angle of 05'51'20" at a radius of 11366.44 feet to a point on the east
line of the aforementioned Section 33, said curve having a chord of 1161.13
feet and a chord bearing of S89'09'0&~£, thence along said east line
S00'15'45"£, 550.02 feet co the ease 1/4 corner of Section 33; thence
continuing along east section line S00'14'28"E, 2561.68 Co a point on the north
right-of-way line of County Road 856 and returning to the point of beginning.
L~as and except the parcel of land chac was ,:onveyed by ~arrancy Deed to GMA
Developers, Inc. and recorded on September 10, 1990 in Official Records Book
1557, Page 1381 et aeq of the Public Records of Collier County, Florida.
Less and except the parcel of land that was conveyed by Warranty Deed to
Maxwell of Naples Corporation and recorded on May 17, 1994 in Official Records
Book 1948, Page 0120 at aaq of the Public Records of Collier County, Florida.
Beginning Balance.
.............................. _~.:_:.::_[$92,902.18]
$ $
$
$ $
$
$
$
$ $
$
$ $
16812
This Agreement, made and entered into on this.~9~n~day e~ 1997.
of ' '3
by and between BoBita GraBde Sand Company, her called the
"Contractor" and Collier County, a political subdivision of the State of Florida.
Collier County. Naples. hereinafter called the ~County~:
I. ~. The Contractor shall commence the work immediately
after receiving a Notice to Proceed from the County and (the Contractor)
shall complete the production and stockpiling of 50,000 cubic yards of
beach compatible fill material within one hundred eighty (180) calendar
days.
2. ~_S~TA, T£ME~'T OF WORK. The Contractor shall be responsible for
producing, stockpiling, and loading onto trucks for transporting. 50.000
cubic yards of material from an upland sand source located at 25501 Bonita
Grande Drive. Prmr to loading any beach fill material for transport, The
Contractor shall identify the source and have a sample, approved by the
County. analyzed for grain size distribution by a certified soils laboratory.
3. T~~LT~~:i' The County shall pay the Contractor for the
performance of this Agreement a maximum amount of Three Hundred Eleven
Thousand. Five Hundred Dollars and no cents ($311,500.00) based on the
unit prices set forth in the Contractor's proposal, subject to Change Orders
approved ~n advance by the County.
~. SubJect to approval by the Board of County Commissioners.
this Agreement may be renewed on an annual basis with the provision for an
annual stockpiling charge of Thirty.Six Thousand, Five llundred Dollars
(50.000 c.y. ~ $0.73/c.y. ~ S36,500.00).
~. Paymcnt for production, stockpiling and loading of the beach
compatible fill material being provided under this Agreement will be made
in six (6) equal monthly payments or for that quantity of material verified
by monthly on-s~te surveys at Six Dollars and Twenty-Three Cents per cubic
yard (S6.23/c.y.).
The County reserves the r~ght to withhold payment if material is found to be
unacceptable pursuant to paragraph 7.B.(2.)(a).
6. nAecessarv ~O~,..~W~O~R~.K ..... _RFA.. The Contractor shall provide acce,, as
. y Io representatives of the County for the purpose of observing and
monitoring activities being performed under this Agreement and for
transporting the mater~al off-site.
7. ~. The arca for stockpiling the
material shah be of adequate sJzc to accommodate $0,000 cubic yards of
specified material with thc height of the stockpile not to cxcccd twenty-five
(25) fcct and shall include a twenty (20) foot buffer zone around the entire
pcrimctcr of thc site. Rcsponsibilitics of each party to this Agrccmcnt with
respect to measurement and monitoring of thc material arc as follows:
A. Thc Contractor shall:
(I) Clcar and Icvcl thc surface of thc stockpile arca.
(2) Provide and install security fcncing around thc perimeter of thc site.
(3) Engage a profcssional Surveyor and Mapper licensed in thc Statc of
Florida to pcrform thc following functions in accordance with Chapter
472, Florida Statutes:
a. Establish a pcrmancnt rcfcrcncc bench mark monumcnt and pcrform
a topographic survcy of thc proposcd stockpilc arca.
b. Submit a sitc plan and topographic survcy to thc Count,,' for
approval prior to placcmcnt of any material in thc stock'pile area.
c. Perform a topographic survey to verify thc quantity of matcrial
placed in thc stockpile area and submit same along with cach
application for paymcnt.
B. Thc County shall:
(I) Provide and install appropriate signs around thc perimeter of thc site
to dcsignatc and restrict thc use of this area.
(2) Perform inspections and conduct surveys and tcsts as ncccssary to
vcri£y quantities and conformance with material specifications and to
insurc thc integrity of thc stockpilcd material.
(a) Thc matcrial shall mcct thc critcria containcd in Florida
Administrativc Codc (FAC 16B-41.007) and thc following
spccifications:
· All fill material shall bc sand which is similar to that already existing on
thc site in both coloration and grain size.
· All fill material shall bc frcc of rocks, clay or other foreign matter.
· Clay Icnscs, rock or silt packcts larger than 2" in diamctcr shall bc
removed and disposed of.
Thc material shall, in gcncral, not contain grcatcr than 5% f'incs (passing
thc //200 sieve) or gravel cxclusivc of shell material (rctaincd by thc #4
sicvc) and bc frcc of coarsc gravcl or cobbles.
~. All notices from thc County to thc Contractor shall be deemed
duly served if mailed by rcgistcrcd or certified mail to the Contractor at thc
following Address:
Bonita Grande Sand Company
25501 Bonita Grande Drive
Bonita Springs, Florida 34135
Attention: Samuel Hubchman, Presidcnt
All Notices from the Contractor to thc County shall be deemed duly served if
mailed by registered or ccrtificd mail to the County at the following Address:
Board of County Commissioncrs
Collicr County, Florida
c/o Oft'icc of Capital Projccts Managcmcnt
3301 Tamiami Trail East
Naples, Florida 34112
Attention: Harry Hubcr, Project Manager
Thc Contractor and thc Count). may change thc above mailing address at
any time upon giving thc othcr party written notification. All notices
under this Scrvicc Agrccmcnt must bc in writing.
9..~[~T.~..~i~. Nothing herein contained shall create or bc construed
as creating a partncrship bctwccn thc County and thc Contractor or to
constitute the Contractor as an agcnt of the County.
10. P~.-~O~. Thc Contractor shall employ people to work at County
facilitics who arc neat, clean, wcll-groomcd and courteous.
Il. T R_~._~L~N~' Should the Contractor be found to have failed to perform
his services in a manner satisfactory to thc County as per the spccitqcations
and requirements of this Agrecmcnt, the County may terminate said
Agrccmcnt immediately for cause; further thc County may terminate this
Agreement for convcnicncc with a thirty (30) day written notice. The County
shall be sole judge of non-performance. Thc County shall reimburse the
Contractor for ail work pcrformcd which is in accordance with thc
specifications through thc cf fcc[irc date of thc termination for convenience.
12. ~L.~.~d.J.~. Thc Contractor agrees that there shall bc no
discrimination as to race, sex, color, creed or national origin.
16812
MN .
13.1 Contractor agrees to save harmless, indemnify, and defend County, its
elected officials, employees and agents from any and all claims, losses,
penalties, demands, judgments, and costs of suit (including the costs of any
appeals), including attorneys' f'ccs and paralcgal fees, for any expense,
damage or liability incurred by any of them, whether for personal injury,
property damage, direct or consequential damages, or economic loss, arising
directly or indirectly on account of or in connection with thc Work done by
Contractor under this Agreement. County and Contractor agree thc first
$I00.00 of the Contract Amount paid by County to Contractor shall be given
as separate consideration for this indemnification, and any other
indemnification of County by Contractor provided for within thc Contract
Documents, thc sufficiency of such separate consideration being
acknowledged by Contractor by Contractor's execution of the Agreement.
13.2 Thc Contractor's obligation to indemnify and defend the County shall
not bc limited in any way by thc agreed upon contract price as shown in this
Agreement or thc Contractor's limit, or lack of, sufficient insurance
protection.
13.3 Contractor shall obtain and carry, at all times during its performance
under thc Contract Documents, insurance of thc types and in thc amounts set
forth in Exhibit A to theAgrccment. Further, the Contractor shall at all
times comply with all of thc terms, conditions, requirements an obligations
set forth under Exhibit A.
14.
16.
Tills AGREEMENT shall be administered on behalf of thc County by the
Office of Capital Projects Management.
COMPONENT PARTS OF TI{IS AGREEMENT. This Agreement consists
of the attached component parts, all of which are as fully a part of the
Agreement as if herein set out verbatim: Agreement, Contractor' Proposal,
and Exhibit A.
IT IS FURTHER UNDERSTOOD AND AGREED, by and between the
parties herein that this Agreement is subject to annual appropriation by the
Board of County Commissioners.
4
IN WITNESS WHEREOF, the Contractor and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals
on thc date and year first above written.
ATTF_~T:
l)~l[l~r"F~.8,r, ock, Clerk of Courts
~ ,. / ~'~/~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
·
· =¢cond Witness
'~Type/print witness namc'~
Approved as to form and
legal sufficiency:
Typed signature and title
CORPORATE SEAL
(corporations only)
~Y
(1)
(2)
(4)
(5)
(6)
(7)
(9)
EXHIBIT A
The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO)
forms and endorsements or their equivalents.
The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
Coverages shall be maintained without interruption from the date of commencement of
the work until thc date of completion and acceptance of the Project by the Owner or as
specified in this Agreement, whichever is longer.
Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the
Owner within ten (I0) calendar days after Notice of Award is received by
Cont ractorlConsultant/Professional.
The Contractor and/or its insurance carrier shall provide 30 days written notice to the
Owner of policy cancellation or non-renewal on the part of the insurance carrier or the
Contractor.
Ail insurance coverages of the Contractor/Consultant/Professional shall be primary to
any insurance or self insurance program carried by the Owner applicable to this
Project.
The acceptance by Owner of any Certificate of Insurance does not constitute approval
or :~greement by the Owner that the insurance requirements have been satisfied or that
the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
Contractor/Consultant/Professional shall require each of its subcontractors to procure
and maintain, until the completion of the subcontractors work, insurance of the types
and to the limits specified in this Section unless such insurance requirements for the
subcontractor are expressly waived in writing by the Owner.
Should at any time the Contractor/Consultant/Professional not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole
discretion shall be authorized to purchase such coverages and charge the Contractor
for such coverages purchased. The Owner shall be under no obligation to purchase
such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the Owner to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the
Contract Documents.
GC-CA-A-I
(10)
16812
If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the
Contractor/Consultant/Professional shall furnish to the County, renewal or replacement
Certificate(s) of' Insurance not later than ten (10) calendar days after to the date o£ .
their expiration. Failure of' the Contractor to provide the County with such renewal ~.
certificate(s) shall be considered justification for the County to terminate the
Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement7 ~ Yes
(2)
Workers' Compensation and Enployers' Liability Insurance shall be maintained by the
Contractor/Consultant/Professional during the term of this Agreement for all
emI'loyccs engaged in the work under this Agreement in accordance with the laws of
the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Comkpensation - Florida Statutory Requirements
b. Employers' Liability
$1C13,0C0 Each .~:iir~
X
_ _ S1,O30,O30 Eaah ~
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Ace coverage shall be maintained
where applicable to the completion of the work. (check one)
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work. (check one)
O)
GC..CA-A-4
16812
AUTOMOBILE ~ ~
__X__ Ya _____No
16~12
16 12
AUGUST I, 1997
BONITA GRANDE SAND COMPANY
7200 DAVIS BLVD.
NAPLES, FLORIDA 341O4
MR. HAROLD F_ HUBER. PROJECT MANAGER
OFFICE OF CAPITAL PRO/ECTS MANAGEMENT
3301 TAMIAMI 'IXAR. EAST
NAPLES, FL 3.41 ! 2
RE: UPLAND SAf~'D SOURCE PROPOSAL
DEAR MR. HUBER:
A REQUESTED, THE BONITA GRANDE SAND COMPANY OFFERS THE FOLLOWING
PROPOSAL TO PROVIDE BEACH COMPATIBLE SAND TO COLLIER COUNTY ON AN
AS NEEDED BASIS FROM OUR SOURCE LOCATED AT 25501 BONITA GRANDE
DRIVE, BONITA SPRINGS, FLORIDA 34135.
PROVIDE BEACH COMPADTIBLE SAND LOADED ON
TRUCKS AT 2~501 BONITA GRANDE DRIVE, BONITA
SPRINGS, FL (INITIAL 50,000 C.Y. ONLY)
ANNUAL STOCKPILING CHARGE FOR CONTINUED
STORAGE OF MATEXIAL (50,000 C.Y. (~ $0.73/C.Y.)
0'HIS CHARGE IS INCLUDED IN THE UNIT COST FOR
THE ~ 50,000 CUBIC YARDS AND IS ONLY
APPLICABLE TO SUBSEQUENT KENEW~ OF THE
AGREEMENT.)
$ 6.23/C.Y.
S36~500.0~
IF ACCEPTABLE, IT IS MY UNDERKrANDING THAT AN AGKEEMENT WILL BE
ENTEKED INTO BETWE~ THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY AND THE BONITA GRANDE SAND COMPANY TO PROVIDE THE
CONTRACTUAL ARRANG~ IN THIS REGARD.
IF YOU SHOULD HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFO~TION,
PLEASE GIVE ME A CALL
VERY TR~
SAMUAL HUBCHMAN, PRESIDENT
BONITA GRANDE SAND COMPANY
'1 6[ 1 5
Date:
To:
From:
Re:
August 30, 1997
Mike Newman, Water Director
Public Works Department
Ellie Hoffman, Deputy Clerk
Minutes & Records Department
Agreement for Emergency Water Interconnects with
Bonita Springs Utilities
Enclosed please find one original document as referenced
above, Agenda Item ~16B15, approved by the Board of County
Commissioners on August 26, 1997. One original has been
forwarded to the Finance Department and one original is
being retained in the Minutes and Records Department.
If you should have any questions please contact me at:
(8406). '
Thank you.
Enclosure
16815
AGREEMENT
FOR EMERGENCY WATER INTERCONNECTS
This AGREEMENT is made and entered into on this ~ day of
. 1997. lzy and between the Bonita Springs Utilities. a Florida
s Utilities"). and the Board of Count.',' Commissioners of Collier
County, Florida. as the Governing Body of Collier County. Florida. and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District ("Board").
Wtt£REAS. Bonita Springs Utilities desires to provide for temporary, emergency water
service during periods of reduced availability from their normal sources caused by mechanical
failure and/or natural disaster:, and
WIIEREAS. Bonita Sgn'ings Utilities has requested County to provide such temporary
emergency water service through temporary or permanent services connections: and
WtlEREAS. Board owns, operates and provides the public with existing utilities
services via Board utility facilities which, pursuant to the terms and conditions set forth herein,
have the potential to furnish Bonita Springs Utilities limited emergency potable water supplies;
and
WtIEREAS, Board and Bonita Springs Utilities agree to enter into this Agreement and
thereby set forth the terrr~ and conditions upon which temporary emergency water service shall
be provided by Board to Bonita Springs Utilities; and
WHEREAS. it is in the public's best interests that Bonita Springs Utilities and Board
enter into this Agreement.
NOW, THEREFORE, the Board and Bonita Springs Utilities, in consideration of the
mutual benefits flowing from each to the other, do hereby agree as follows:
I. Subject to the terms of this Agreement. Board agrees to supply to Bonita Springs
Utilities such excess potable water as is available within the Board owned and
operated water system that is over and above the needs and demands of the Board
and of the Board's Utility customers within Board's w~ter service area.
16Bl
As neither thc Board, nor Bonita Springs Utilities. has performed a hydraulic
analysis of the Board's water transmission system in the vicinity of Bonita
Springs Utilities system. Board makes no guarantee, either direct or implied, that
excess capacity will be available at any timers) reque~ed by Bonita Springs
Utilities. Bonita Springs Utilities fully understands and acknowledges that the
Board will make no future improvements to the Board's system in order to meet
Bonita Springs Utilities current or future needs as desired by the Agreement. and
that current excess capacity, if any. may be obligated to future Board customers.
Service provided under this Agreement shall maintain the best available pressure
at the discharge side of Bonita Springs Utilities Meter and Backflow Assembly. as
to limit adverse effects to Board and Board's utility customers.
Water s~affplied to Bonita Springs Utilities pursuant to this Agreement shall be
delivered to Bonita Springs Utilities through pen'nanent or temporary
interconnecting facilities at ~hose points, in close proximity of the parties'
facilities ancl at locations to be mutually agreed upon in writing. The nature of an
emergency and of Board's utility, service availability shall dictate the number and
locations of the interconnects activated. Bonita Springs Utilities shall identify, in
v, xiting to Board the de~ired interconnects to be activated.
Said interconnecting facilities, hereinafter, referred to as "The Interconnect." shall
be constructed pursuant to Board's Utilities Standards and Procedures Ordinance.
as may be amended, repealed and/or superseded, unless and/or as otherwise
outlined by the Agreement.
a. All costs for design and construction of The Interconnect(s) shall be the
responsibility of Bonita Springs Utilities. Board shall have no financial
and/or administrative responsibilities.
b. The Interconnect shall be. at a minimum, designed to include provisions
for locking features on Board's isolation valve. Board shall have sole
access to its valve operator.
c. Following completion of construction, Bonita Springs Utilities shall
dedicate to the Board that portion of The Interconnect from the Board's
16[ 1 5
water main up to and including the first isolation valve which controls the
flow of water form the Board's water system. The remainder of The
Interconnect shall be owned and maintained by Bonita Springs Utilities.
The parties agree that this Agreement shall not obligate the Board to provide
service to Bonita Springs Utilities other than to provide water for a temporar?'
emergency assislance as a result of mechanical failure and/or natural disaster. In
the event sen'ice requests ate made for reasons other than the conditions outlined
within this Agreement. Board shall have the right to charge Bonita Springs
Utilities thc same rates charged other Board customers. Thc following additional
conditions shall apply:
a. Thc Board and Bonita Springs Utilities shall designate a member of their
permanent staff who shall receive all requests and who shall have the
authority to approve or disapprove requests.
b. Each request for emergency water service shall be acted upon in good faith
and in a timely manner by the Board. By entering into this Agreement. the
Board agrees to supply said service subject to availability as described
above: however. Bonita Springs Utilities is not obligated to accept any
specific volumes of water, and termination of service shall occur when the
need for temporar7 emergency water service is no longer necessary.
c. At its discretion, the Board may establish and enforce control of valve(s)
under its control, as to limit: I) thc times of day and/or of days of the
wcck during which dclivcry will or will not be made: and/or 2) thc total
volume of water to be delivered ovcra designated period. These controls.
however, will only be used as a means of addressing availability
constraints. Thc Board shall not be responsible for any adverse effects
that its inability to provide service, adjustmcnts of valve settings, md/or
prcssurc might produce in thc Bonita Springs Utilities water systcm and/or
its customer's property.. Bonita Springs Utilities agrees to hold harmless.
indemnify and defend thc Board against all such claims.
16 15
d. Bonita Springs Utilities agrees to exercise prompt and diligent efforts to
eliminate its need to obtain temporary emergency service from the Board.
It is mutually agreed that whenever water is supplied by the Board under the terms
of this Agreement. Bonita Springs Utilities shall reimburse the Board for all water
received, in accordance with the following:
a. Payment shall be on a per thousand gallon basis, measured by the
appropriate meter(s) at The Interconnect~s) and based on the Board's
actual production and delivery costs. This rate will be reviewed by the
Board at least annually and adjustments made as necessary.
b. The meter shall be read jointly by the two parties at the following times:
when the valve(s) arc first opened at the beginning of the service deliver:
at thc time of thc final termination of service and at approximately the first
of each calendar month that occurs between the beginning and termination
of service. It shall be thc responsibility of the Board to schedule ali meter
readings at mutually agreeable times.
It shall be the responsibility of the Bonita Springs Utilities to make annual
accuracy and operation tests of The Interconnect(s) meterls) and backflow
assembly¢ies). The results shall be forwarded in writing to the Board. If non-
permanent interconnectCs) are utilized in part or for all interconnect(s) the meter(s)
and baekflow assembly(les) shall be tested by the Board at the time of installation.
Said te~ results shall be forwarded to the Bonita Springs Utilities.
a. If Bonita Springs Utilities or the Board should believe that the metering
device(s) is (are) not recording correctly or that the backflow
assemblylies) is (are) not operating correctly, either party may request a
re-test of the meter(s) and/or backflow assembly(ies). Should the test(s)
reveal accuracy or operation within the manufacturer's recommended
range, then the cost of obtaining the test shall be borne entirely by the
Utility making the request. If either an annual test(s) or an additional
testes) of accuracy or operation reveals an error beyond the limit of the
manufacturer's recommended range, it shall be assumed that in the case of
16B15
10.
Il.
the meter that the inaccuracy existed for the last one-half{V:) of time since
the last test(s). Any billing that occurred during that period shall be
adjusted by the Board to reflect the adjusted quantities based on the
manufacturer's minimum if the test results are Iow and maximum if the
test results are high accuracy levels and at the rate per thousand gallons
that was in effect at the time delivery occurred. In the case of the
hackflow assembly(les). Bonita Springs Utilities shall correct the problem
in a timely manner.
This Agr~t shall remain in full force and effect until terminated upon sixty
¢60) days written notice by either party to the other at its sole discretion.
It is understood and agreed by and between the two panics that if any condition or
provision contained in this Agreement are held to be invalid by any court of
competent juri~iction, such invalidity shall not affect any other condition or
provision and does not materially prejudice either party in its respective rights and
obligations contained in the remaining valid conditions or provisions of this
Agr~t.
No waiver of any breach of this Agreement shall be held to be a waiver of any
other subsequent breach.
IN WITNESS TIIEREOF. the parties hereto have caused this Agrccment to be executed
on the date and year first above written.
ATTEST:
DWIGHT E. BROCK. CLEI~
.- · - .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA., .AS. .THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLI'ER
COUNTY WATER-SEWER DISTRICT
By:~
MOTH¥ ,b, ^sCOC C Ch^I<%,,N
16B15
Approved as to form and legal suf'ficicncy:
Assistant County Attorn?
ATTEST:
SECRETARY. BONITA SPRINGS
UT/LITIES
BOARD OF DIRECTORS OF BONITA
SPRINGS UTILITIES
y:
~c~t~onlta ~pnngs Utilities
Date:
To:
From:
Re:
August 30, 1997
Marla Ramsey, Director
Parks & Recreation Department
Ellie Hoffman, Deputy Clerk
Minutes & Records Department
Skateboard Park Concession Agreement
Enclosed please find two original documents as referenced
above, Agenda Item ~16C1, approved by the Board of County
Commissioners on August 26, 1997. One original has been
forwarded to the Finance Department and one original is
being retained in the Minutes and Records Department.
If you should have any questions, please contact me at:
(8406).
Thank you.
Enclosures
SKATEBOARD PARK CONCESSION AGREEMENT
16C-1
THIS AGREEMENT made effective this ~ day of ~ 1997, A.D.
bet,veen Collier County, a political subdivision of the State of Flod~a (h~after called the
"County") and Sparrow Ventures Inc., a Flodda Corporation with offices at 1303 Solana
Road, Naples, Florida 34103 (hereinafter called "Concessionaire").
SC__~.Q_p~. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concession at East Naples Community Park, 3500 Thomasson Drive, Naples, Flodda,
in conformance with the purposes and for the periods stated herein and subject to all
!~.rms and conditions hereinafter set forth.
TERM. This Agreement shall be for a term of five (5) years, commencing on the
date of approval by the Board of County Commissioners and shall be renewable
upon satisfactory performance by the Concessionaire, for one (1) additional
pedods of five (5) years, under the same terms and conditions, subject to the
subsequent approval of the Board of County Commissioners. The County
Administrator may extend this Agreement under all of the terms and conditions
contained in this Agreement for up to one hundred twenty (120) additional days
following expiration of the odginal five (5) year term. The County must give the
Concessionaire written notice of its intention to extend the Agreement no less than
ninety (90) days pdor to the end of the Agreement term then in effect. The
Concessionaire shall notify the County in writing within sixty (60) days prior to the
end of the respective Agreement term then in effect of Concessionaire's intention
whether or not to accept the extension.
FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space at East Naples Community Park:
34' x 24' Mobile Trailer
The name of the Skate Park shall be The Sanctuary. Skateboard Park Structure
to consist of a 20,000 square feet cement slab, ramps, and rails. The ramp and
rail design shall be provided by the Concessionaire. Funding for the ramps and
rails shall be provided by the County and shall not exceed Seventy-Five
Thousand Dollars ($75,000).
~. The Concessionaire is authorized to conduct the following types of
business and to provide the following services, and only such business and
services, at the location as set forth below:
Operation, management and maintenance of the Skateboard Park; lessons,
special events, clinics, sale and/or rental of Skateboard related items, sale of food
and sundry items. Any other lawful activity at the site if, and to the ex'tent and
duration, approved in writing by the Director of the Parks and Recreation
Department.
16C-1
~. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Sparrow Ventures, Inc.
1303 Solana Road
Naples, Florida 34103
Attention: Linda Rice, President
All notices from the Concessionaire to the County shall be deemed served if mailed
by registered mail to the County at the following address:
Director of the Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 33999
NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire; that the corporation is a concessionaire and not a lessee; that
Concessionaire's right to operate the concession shall continue only so long as the
concession operation complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
NO PARTN RSHI A ENCY. Nothing herein contained shall create or be
construed as creating a partnership between the County and the Concessionaire.
Concessionaire is not an agent of the County.
MAINTENANCE. The County shall be responsible for maintenance, repair and/or
replacement of ramps and rails at the Skateboard Park. The Concessionaire shall
inspect the ramps and rails daily for damage or deficiencies and maintain a daily log
of the findings. The daily log shall be faxed to the Parks and Recreation Department
once per day no later than 4:30 p.m. (or immediately if damage or deficiencies are
discovered). Any dangerous obstacles shall be immediately roped off until repairs
are made. Continuous observation for damage to ramps and rails is important and
any dangerous conditions must be reported immediately to the Director of the Parks
and Recreation Department.
~. The Concessionaire may not assign this Agreement, or any part
hereof, without prior written approval of the Board of County Commissioners. Any
attempt to assign without such approval shall be void. Concessionaire agrees that
without the pdor written consent of the Board of County Commissioners, no
shareholder shall sell, assign, transfer or convey his/her stock (except by operation
of law), nor shall the corporation issue any additional shares of stock, if any such
transfer or issuance will effectively change the ownership of the corporation.
However, the shareholders have the right to convey between themselves and their
spouses and children without the County's consent.
10.
11.
16C-1
~ FACILITIES IS PRIMARY. The East Naples Skateboard Park is for
the use of the public for recreational and other public purposes and the public's right
to such use shall not be infringed upon by any activity of the Concessionaire.
However, this does not preclude the Concessionaire from scheduling promotional
events or special events which might temporarily limit access to the event site
subject to the prior written approval for each of said, on a case-by-case basis, of the
Director of the Parks and Recreation Depadment.
~. The County shall provide and install a security system in the mobile
trailer. The County shall be responsible for the monthly monitoring fee for this
system. The County shall not be liable for failure of the security system; nor shall
the County be liable for failure 1o protect the Concessionaire's equipment and
materials. The Concessionaire must provide at Rs expense any security measures to
protect its equipment and materials. Such security measures may not violate any
other restriction(s) of this Agreement.
PERMIT ICENS T XES. The Concessionaire shall obtain and pay for all
permits and licenses necessary for the conducting of business and shall comply with
all laws governing the responsibility of an employer with respect to persons
employed by the Concessionaire. This shall include HRS Screening for the
Concessionaire and its employees. The Concessionaire and each of its employees
agree to successfully complete CPR and First Aid Classes within one hundred eighty
(180) days of the commencement of this Agreement. The Concessionaire shall also
be solely responsible for payment of any and all taxes levied on the concession
operation. In addition, the Concessionaire shall comply with all existing and future
applicable rules, regulations and laws of Collier County, the State of Flodda, or the
U.S. Government.
TRASH AN A A . The County shall provide all garbage, trash
and rubbish receptacles and dumpsters. The Concessionaire shall perform daily
removal of litter in the immediate exterior area within one hundred (100) feet of the
Skateboard Park facility. Dumping of receptacles and removal of trash, rubbish and
garbage to the dumpster shall be the responsibility of the Concessionaire. Dumping
of the trash dumpster(s) shall be the responsibility of the County.
~. The County shall pay for all utilities (water, sewer, and electric). The
Concessionaire shall pay for all telephone charges, i.e., telephone installation and all
other charges related to telephone service, including long distance telephone
charges.
16C-1
12.
~. The Concessionaire shall remit to the County, as consideration
for this Agreement, a percentage of the total gross revenue (adjusted for items
returned) of the Concessionaire's business, including sale and/or rental of
Skateboard related items, clothing, lessons, food, and/or sundry items as follows.
Year 1 - 5
7% Per Month
The percentage shall be based on total gross revenues per month. Each payment shall
be lendered to the County by the 15th of each month for the preceding month, and such
payments shall be accompanied by a statement of gross receipts for the preceding
month. The applicable Florida State Sales Tax on payments to the County as per this
Agreement shall be added to the Concessionaire's payment and forwarded to the County
as part of said payments. The County is to receive its revenue payment as net, free and
clear of all costs and charges arising from, or related to Concessionaire's obligations
under this Agreement, and that the guarantee or the percentage of total gross revenues
be paid monthty. The term 'gross revenue" or 'gross receipts" means all income
collected, accrued or derived by the Concessionaire under the privileges granted by this
Agreement or other document entered into with the County, excluding amounts of any
Federal, State or other tax collected by the Concessionaire from customers and required
by law to be rem/tted to the taxing authority.
In addition, at the end of each calendar year, but no later than Marct~ 31 of the following
year, Concessionaire shall pay the County a Bonus based on its total annual gross
revenue. The Bonus shall be paid as follows:
Yea...__[r
TotaIA n I ro R v
Year 1 $300,000 or more 1%
Year 2 $350,000 or more 2%
Year 3 $400,000 or more 3%
Year 4 $450,000 or more 4%
Year 5 $475,000 or more 5%
The Concessionaire shall provide the County Finance Department a Statement of Gross
Receipts. Such statement shall be cedified as true, accurate and complete by the
Concessionaire and by an independent Certified Public Accountant. The Concessionaire
agrees to use point-of-sale machines or other accounting control equipment for the
proper control of cash and payment. All financial records are to be maintained dudng the
entire term of this Agreement and for a period of three years following the termination of
this Agreement. The Concessionaire shall provide a copy of its State Sales and Use
Tax Report for the same accounting period as required for the Statement of Gross
Receipts.
In the event the County chooses to renew the Agreement for one additional five-year
period, the percentages offered above shall be renegofiated and will be subject to final
approval by the Board of County Commissioners
1 6C-'1
In the event the County chooses to renew the Agreement for one additional five-year
period, the percentages offered above shall be renegotiated and will be subject to final
approval by the Board of County Commissioners
13.
DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed
on that amount, and any other taxes and fees due must be submitted to the County
through the Director of Parks and Recreation, to be received no later than fifteen (15)
days after the close of each month. In the event the Concessionaire fails to pay this
consideration within five (5) days of such due date, there shall be a late charge of Fifty
Dollars ($50.00) for each such late payment, in addition to interest at the highest rate
allowable by law. If the payment of consideration and accumulated daily penalties are
not received within thirty (30) days after the normal monthly due date, then the County
may take possession of the Concessionaire's assets on County property, may cancel this
Agreement, and may begin procedures to collect the Performance Bond. A monthly
report of activities shall be submitted to lhe Director of Parks and Recreation by the 15th
of each month. This report shall accompany the monthly statement of gross revenues
and will be subject to audit. The County has no duty to notify lhe Concessionaire of its
failure to remit any such payment or report.
14.
FORCE MAJEURE_. If closure of the facilities or loss of equipment is due to fire damage,
flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment,
the County will allow pro rata adjustment of monthly payments up to the time such
damage is repaired.
15.
CONCE ION IR T T V PE . Concessionaire shall not remove
from the East Naples Skateboard Park any personal property brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except
such items, as may be removed with the express written permission of the Director of
Parks and Recreation. Upon expiration of the term specified in Paragraph l-a, if the
Concessionaire has made full payment under this Agreement, and has fully complied
with the terms of this Agreement, he may remove his personal property including
equipment from the East Naples Skateboard Park and shall do so within fifteen (15) days
following the expiration of this Agreement, provided such personal property and
equipment must be removed without damage to the premises. On Concessionaire's
failure to do so, the County may cause same to be removed and stored at the cost and
expense of the Concessionaire, and the County shall have a continuing lien thereon in
the amount of the cost and expense of such removal and storage until paid, and County
may sell such personal property and reimburse itself for such costs and expense, plus all
expenses of the sale.
16.
R R~. Concessionaire shall establish and maintain such records as now
exist and may hereafter be prescribed by the County in the future to provide evidence
that all terms of this Agreement have been and are being observed. The Concessionaire
grants to the County the right and authority to audit all records, documents, and books
pertaining to the concession operation. Such audit will be conducted at locations and at
a frequency determined by the County and communicated to the Concessionaire. The
Concessionaire agrees to provide materials for the audit at the place designated by the
17.
18.
19.
20.
Concessionaire all at no cost to the County.
~. The Concessionaire agrees to cooperate with the County in the
conduct of surveys and to provide reports of visitor usage of all concession services.
The County shall provide Concessionaire with advance notice of any special event and
shall coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
INSPECTION. The concession facilities and premises may be inspected at any time by
a authorized representatives of the Director of the Parks and Recreation Department or
designee, or by any other agency having responsibility for inspections of such
operations. Concessionaire shall undertake immediately the correction of any deficiency
cited by such inspectors.
WAIVER O~F INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the
concession operation by any public agency or official in enforcing their duties or any laws
or ordinances. Any such interference shall not relieve the Concessionaire from any
obligation hereunder.
.WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
r~ghts, claims, and demands and forever releases and discharges the County from all
demands, claims, actions and causes of action adsing from this Agreement, except
inlentional torts,
21. NO L__~. Concessionaire will not suffer or through its actions or by anyone under its
control or supervision, cause to be filed upon the property any lien or encumbrance of
any kind. In the event any lien is filed, Concessionaire shall cause such lien to be
discharged within ten (10) days after written notice to do so from the County.
22. ORDER Y p N TC. The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible for necessary housekeeping
services to properly maintain the premises. There shall be no living quarters, nor shall
anyone be permitted to live on the premises.
23.
PLOY E ' MANAG R. The Concessionaire shall employ people to work at this
facility who are neat, clean, well-groomed and courteous. All employees shall observe all
the graces of personal grooming. Subject to the Amedcan with Disabilities Act,
Concessionaire shall supply competent and physically capable employees, and the
County may require the Concessionaire to remove an employee it deems careless,
incompetent, insubordinate or otherwise objectionable and whose continued employment
on Collier County property is not in the best interest of the County. All Concessionaire
employees shall wear shirts and shorts with the Concessionaire's logo or other
identifying marking. The Concessionaire shall have an experienced manager overseeing
the concession operations at all times when open for business.
24.
25.
t6C-1
H URS OF OPERA I N. The concession, including the Pro Shop and the Skateboard
Park, shall be open and properly staffed seven (7) days each week. The hours of
operation shall be from 11:00 a.m. to 10:00 p.m. during the summer (Apdl I thru
September 30) and from 1:00 p.m. to 7:00 p.m. Sunday thru Thursday and 9:00 a.m. to
10:00 p.m. Friday and Saturday dudng the winter (October I thru March 31). The
Concessionaire may open at an earlier time and close at a later time subject to pdor
written approval of the Director of Parks and Recreation Department. All hours of
operation shall be conspicuously posted and easily read by park visitors. There shall be
no use of the Skateboard Park Facility after hours without the expressed written approval
of the Director of the Parks and Recreation Depadment. The Concessionaire agrees to
provide a minimum of two (2) hours per week for free admission to youth 17 years of age
and under. Free admission shall not include use of rental equipment, etc.
N IM...~.QJ.~~. The Concessionaire will not use, nor suffer or permit any person
to use in any manner whatsoever, the concession facilities for any improper, immoral or
offensive purpose, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable governmental rule or regulation
now in effect or hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire
to be objectionable or improper, as noted on the Concession Inspection Report, the
County shall have the right to suspend the operation of the concession should the
Concessionaire fail to promptly correct any such violation, conduct, or practice to the
satisfaction of the County. The Concessionaire shall not commence operation dudng
such suspension until the violation has been corrected to the reasonable satisfaction of
the County.
26. l~_.R_Jg_.~. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All pdces must be displayed and visible by
the Concessionaire' s customers. All such prices and fees must be approved in writing
by the Director of the Parks and Recreation Department or his designee. The
Concessionaire shall rent or sell only those items approved in writing by the County.
27. N A M T I . The Concessionaire shall not use or permit in the
facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other
similar substances, or explosives of any kind, or any substance or articles prohibited in
the standard policies of fire insurance companies doing business in the State of Florida.
28, NO DI_____SCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and
fudher, lhere shall be no discrimination regarding any use, service, maintenance, or
operation of the premises. All facilities located on the premises shall be made available
to the public, subject to the right of the Concessionaire to establish and enforce rules and
regulations to provide for the safety, orderly operation and security of the facilities.
29. TERMINATION. Should the contractor be found to have failed to perform his services in
a manner satisfactory lo the County as per the specifications and requirements of this
Agreement, the County may terminate said agreement immediately for cause. The
County shall be sole judge of non-performance. Further the County may terminate this
Agreement for its convenience by giving the Concessionaire not less than a sixty (60)
days written notice of such intent.
30.
3.1.
32.
33.
34.
COU 'FY CONTR LS OF A T NAPL B R PA K. Nothing in this
Agreement will preclude the County from using the public areas of the East Naples
Skateboard Park for public and/or civic purposes as deemed necessary by the Director
of Parks and Recreation. The County shall notify Concessionaire of their intent to use
the public areas of the Skate Park 48 hours pdor to such use.
~. Vehicles are allowed in the areas only where roadways are
provided. Vehicles shall park only in areas designated by the County for vehicle
parking.
F RID~. This Agreement shall be governed by and construed in accordance
with the Law of the State of Florida.
~ The Concessionaire shall provide, at his sole expense, required signs at all
public approaches to the Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Department. Signs that will be
used for advertising PUrposes shall be constructed and maintained to County standards
as de,Shed by Code Compliance Department. The use of the Collier County Logo is
prohibited.
~. The Concessionaire agrees to protect, defend, indemnify and hold
the County of Collier and its officers, employees and agents free and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional
fees or other expenses or liabilities of every kind and character adsing out of or relating
to any and all claims, liens, demands, obligations, actions, proceedings or causes of
action of every kind and character in connection with or adsing directly or indirectly out of
this Agreement and/or the performance thereof. Collier County will be responsible for its
sole negligence.
16C-1 '
35.
35.
36.
J.N.L.~. Before commencing work of any kind, (1) the Concessionaire shall
procure the following insurance with insurance companies licensed in the State of
Flodda, and (2) shall file evidence of such insurance with Collier County's Risk
Manager.
Commer i I G n r I Liabili · Coverage shall have minimum limits of
$1 000 000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent contractors; Products and Completed Operations and Contractual
Liability.
Workers'~: Insurance covering all employees meeting Statutory
Limits in compliance with all then applicable state and federal laws.
S ecl I Re uir nt: Collier County shall be listed as the Certificate Holder and
included as an ~ on the Comprehensive General Liability policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal
certificates shall be sent to the County at least 30 days prior to any expiration
date. There shall be a 30 day notification to the County in the event of
cancellation or modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same
insurance requirements that Concessionaire is required to meet. The same
Contractor shall provide County with certificates of insurance meeting the required
insurance provisions.
THIS AGREEMENT shall be administered on behalf of the County by the Parks and
Recreation Department. As used herein, the word 'County" shall refer to the
Director of Parks and Recreation unless the context renders such construction
illogical.
COM ON NT PA T I RA . This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if herein
set out verbatim: All Insurance Certificate; RFP No. 97-2623, and Performance
Bond. In the event that the Terms and Conditions of the Request for proposal are
perceived or found to be in conflict with the Terms and Conditions of the Skateboard
Park Concession Contract, the Terms and Conditions of the Contract shall take
precedence.
16g-1
IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
DV~IGHT E. BROCK. CLERK OF COURTS
~y;,. '~
~'.,,;~ : Deputy CieF
,, ~ -v..
CORPOP~TE SEAL
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY/. ~ANC 'OC.' K~N
P N
The "Concessionaire"
By: ~esident of
Sparrow Ventures Inc.
Approved as to form and
~ufficiency: i~ ! ~
Assistant County Attorney
Pdnted name of President
10
FEE SCHEDULE
16C-
Semi-annual Membership - Semi-annual membership
provides the skater with a pass into the park that is
good for six (6) months.
Semi-annual Club Membership - Semi-annual club
membership provides the skater with a six month
pass that allows him to come in and skate on club
night plus receive club discounts and benef'~.
Mer~ber Daily Fee
Nonmember Daily Fee
$25.00
$25.00
$ 3.00
$10.00
!!
TI~E WEST A~ERICAN I~SUR~CT, COI'~PANY
I~ ~foR'r~l TEIR~ ST. ~ ~'LTO~r. o~
16g-
CONCESSIONAIRE BOND
"nO~'V I'~O. 3-302-396
K'NOWA-LL'IT[E-,~:M,P-~i;rR.I~I'T$,T}lalwe Sparrow Ventures Inc
(b~rcin~r ~Ued ~~ ~ ~j~ ~d ~ W~ Am~ ~sce ~m~7,
bus~e~ ~ ~c S~ ~dz, ~eH~ called "S~c~ ~ $u~, ~c ]mid ~d ~ly
Board o f Co~v C~[ss ioners (hc~in~ ull~"OblJ~c~
~ieumof: Five thousand and 00/I00 dollars,
($ 5,000.00) Dollea's, for
'~c pa)'m~c ofwhic& well ~d ~ ~ ~ m~c, ~ him ~clv~, our Min. ~dm~is~& executo~
~S, ~e P~i~l ~ ~red ~ ~ ~ss~ A~m~ ~t~ ~e 7t~y of auzus~
&scn~ ;n ~id A~L wh~ ~ i~d ~mm ~ mf~c~ ~d ~ m~e p~ of~is ~ at
East ?laEles Co~it~P~L~rheCi~of Naples FI~
NOW, T~F~ ~ L~D~' OF ~S ~ iS ~C~ ~: if~ P~c~ ~
· e failure of ~e ~c~i lo ~lly ~ ~h~l~ ~o~ ~ ~li~fioa to t~e Oblige ~&r ~ a~ve
rcfcmn~ A~mcnt ~ ~it ~llg~6~ ~i ~ void: ~i~ m remain ~ full fo~ and eff~
its li~bii~ h~ ~ ~ ~i~ ~i~ of ha e~ ~ do ~, ~ Un~d S~ ~e~ mail.
u~ mc Obl;l~, ~d ~ ~ 5~ SMII R d~b~ ~m my ri~fl~ f~ my defauh of~e
Principal a~r ~e ~pi~ off~ five ~4~) da~ ~ ~d ~r uid n~ice
~ ~SS ~OF. ~c ~i~l ~d Sur~ have h~ get ~e;r hm~ ~d ~als ~i~ 7th
day of~us t ~ I~ 7 ~
(wimps as to S~,'y)
ih'iocipal:
Sparrow Ventures Inc
Name: Linda Rice
ST^T~ OF OttO
CCX.~'I'Y Of'
My Corm~i~io~ ~ A~t & It~7.
l'~is ~ of ~aom~ is f~nKd mdcT md k,/ numan~ ~( ,'d~cJc V~ Scctx~ I of b'~ By-LJ~ of ~c Comp~, r~zzacu bom which rt~d:
A,RT1CL£ 'Vi
I~"rtY'~hip Cf A'~ur"ml~, md po4Jc'J(~ of k~marlnCt lO, k ~n b hvm, of m iiM~vidmd, ~m. corpq:Xljc~ ff ~ o~ ~ ~ ~ ~ ~ ~ or
c~RT~
INg"lT~'ESSWlTElEotr. lh-wcl~'~mtos~myhz~md~c~calofthcComlr~y~is 7th da~of August A.D..19~7.
~~. CERTIFICATE OF INSURANCE
Poe & Brown, Inc. -
2150 Goodlette Road,
Naples, FL 34102
Naples
Suite 503
Sparrow Ventures Inc
1303 Solana Road
Naples, FL 34103
lIGHTS
DOES NOT AJdFJt~, UPON THE CERTIFICATE HOLDER. THIS
B~LOW. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAG
~merlcan Empire Surplu~ r,~._e
co~.A.7 C
LETTER
Lit TTER
~lqEOX?E
' INTA O~lT L ~MrTs i
O~J~ ~ ' ~01' IC7 LtMIT S
000
Certificate Holder is included on the policy as an Additional Insured.
C;F-.R TIFICA TE HOLDER
Board of County Commissioners
c/o Parks & Recreation Dept
3300 Santa Barbara Blvd
Naples, FL 34116
4154
~LLATIOW
SHOULD ~ C:xr T)~ ),80YE C~SCPuGED POtJCEs BE ~LLED ElF. FORE THE
E::G'~T~::~ D~TE 'n-,EREO~'. ~ ~ ~ ~ E~ TO
~AT~s.
u ~~ ~/-~/ ~ ~
COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT
GENERAL SERVICE~ BLDG.
3301 E. TAMIAMI TRA.[L
NAPLES, FLORIDA 34112
(941) 774-8425
FAX (94 1) 793-3795
DATE: December 26, 1996
TO:
FROM:
RE:
Prospective Bidders
Gwen Butler, CPPB, Senior Buyer ~~
RFP ~97-2623- "Skateboard Park
The Board of County Commissioners, Parks and Recreation
Department, Public Services Division, desires to receive
proposals for the above-referenced services.
Please refer to the Public Notice contained in the enclosed
proposal package for the time and date of the Pre-proposal
Conference and the Opening of this RFP.
If you have any immediate questions regarding the specifications
or intended work, you may contact Mr. Gary Franco at 941/353-
0404. If you have any procedural questions, you may contact me
at 774-8425.
We look forward to your participation in this RFP process.
/gb
COLLIER COUNTY GOVERNMENT
FURCH. AS I~G DEPARTMENT
16C-
33OI E TAMIAMI TR.
NAPLES, FL 33962
(813) 774-8425
A Cta~ BLUE ~ ~
SKATEBOARD PARK CONCESSION
!
~'t.o
DATE
#97-2623
D1Tg: 01/31/97
Requ~ for Proposal ~7-2623 - "$ka~board Park Concession'
Page
TABL~ OF CONTENTS
PAGE NUM~
Notice of Public Proposal
Instructions to Proposers
......... 5-8
Scope of Services
............. 9-10
General Requirements
........... 11-13
Evaluation of Proposal
........... 14-15
Insurance Requiremen ts
.......... 16-17
Professional & Qualifying
Information (Questionnaire)
........ 18-19
Proposer Check List
Contract Proposal Form
.......... 21-22
Non -Proposer, s Response
.......... 23
(i)
Request for Proposal ff97-2623 - 'Skateboard Park Concession"
Page
NOTICE F BLIC PR SAI
Pursuant to approval by the County Manager, Sealed Proposals for a
Skateboard Park Concession at the East Naples Community Park will be
received until 3:00 pom. on January 31, 1997 at the Purchasing
Department, General Services Building, Collier County Government
Complex, Naples, Florida 34112.
A non-mandatory pre-proposal conference will be held on January 7,
19~7 at 10:00 a.m. at the Collier County Parks Administration Office,
3300 Santa Barbara Boulevard, Naples, FL 34116.
All proposers must complete the enclosed forms requesting pertinent
information relating to the operation of a Skateboard Park Concession.
The submittals will be used by the County in making its evaluation of
the proposals. All proposals shall be submitted in accordance with
the Instructions to Proposers and the Request for Proposal
specifications. Additional copies of specifications will be available
from the Purchasing Department in General Services Building, Collier
County Government Complex, Naples, Florida 34112.
All proposals shall include a proposal security
fozm of a cashiers check or other acceptable form which may be in the
in the amount of Five Hundred Dollars ($500.00). of monetary security
Performance Bond
A performance bond in the amount of Five Thousand Dollars ($5000.00)
shall be required prior to the signing of the Agreement and shall be
in faithful observance of this Agreement.
The successful Proposer shall be required to furnish the necessary
Performance Bond. The Performance Bond shall be either executed by or
countersigned by a licensed resident agent of the surety or insurance
company having its place of business in the State of Florida.
Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida.
Attorneys-in-fact that sign Performance Bonds must file with each bond
a certified and effective dated copy of their Power of Attorney.
Page,~ 6C- 1~.
Request for Pr0posz~ #97-2623 - "Ska£:board Park Concession~
PR SERS
: The procedure outlined in the Notice of Public
roposal must be followed. Proposers must submit the proposal
together with the forms entitled, "Professional and Qualifying
Information- and Contract Proposal.
Submit the original and five (5) copies of the aforementioned
documents to the Purchasing Director, the original signed in blue ink
and submitted in a sealed package along with all copies, on which
shall be shown the name of the propoJer, proposal opening date, RFP
number and title on the outside of the Proposal package.
The proposer should retain one copy of the proposal. Whether
forwarded by mail or personally delivered, the above-mentioned
envelope must be received by the Office of Purchasing Director prior
to the date and time stated in the Advertisement for Proposals.
The County assumes no responsibility for proposals received after the
due date and time, or at any office or location other than that
specified herein, whether due to mail delays, courier mistakes,
mishandling, inclement weather or any other reason. Late proposals
will be returned, unopened, and will not be considered for award.
~. _ : Failure to execute a Contract,
evidence of appropriate in-urance coverage, as provided herein furnish
, within
ten (10) days after written notice of award has been given, shall be
just cause for the annulment of the award and the forfeiture of the
RFP Security to Collier County, which forfeiture shall be considered,
not as a penalty, but as a liquidation of damages sustained. Award
may then be made to the next-ranked responsible bidder, or all bids
may be rejected.
~g-~z~~: Each proposer must submit the completed Proposal Form
included in this Request for Proposal.
~: Only one proposal from a legal entity will be
considered. If it is found that a proposer is interested in more than
one proposal, all proposals in which such a proposer is interested
will be rejected.
~-~Q,~_~z~: When required, prices shall be stated in both words
and figures in the appropriate places in the Proposal Form. In the
event that there is a discrepancy between the price written in words
and the price written in figures, the former shall govern.
Page 6
R:qu~t ~r Proposal#97-2623_ "Skateboard Park Concession"
~: Each proposer must complete and submit the
Professional Qualification Form included in this Request for Proposal.
Evidence that the proposer is fully qualified and competent to
complete this project is required.
Prospective proposers shall disclose any record of pending lawsuits,
criminal violations and/or convictions, etc., and shall not have
conflicts of interest under Chapter 112, Section 112-313, Paragraphs 1
through 7 of the Florida Statutes, and agrees that they will fully
comply in all respects with the terms of said laws.
O : The right is reserved by
Collier County to waive any irregularities in any proposal, to reject
any or all proposals, to re-advertise for proposals, if desired, and
upon recommendation and justification by Collier County to accept the
proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which
contains irregularities of any kind, may be cause for rejection of the
proposal. In the event of default of the successful proposer, or his
refusal to enter into the Collier County Contract, the County reserves
the right to accept the proposal of any other proposer or to re-
advertise using the same or revised documentation at its sole
discretion. ,
: The County reserves the right to
y contract document such terms and conditions as he deems
necessary for the proper protection of the rights of Collier County.
:
Each proposer shall thoroughly examine the Proposal Documents, and
judge for himself all matters relating to the location and the
character of the services he agrees to perform. If the proposer
should be of the opinion that the meaning of any part of the Proposal
Document is doubtful, obscure or contains errors or omissions, he
should report such opinion or opinions to the Purchasing Director, if
necessary, to all prospective proposers before proposals are filed
with the Board of County Commissioners. The County Manager will not
be responsible for oral interpretation given either by himself or
members of his staff; the issuance of a written addendum being the
only official method whereby such interpretation will be given.
Page ? 1 6C_1 ,
Request for Proposal #97-2623 - 'Skateboard Park Concession"
~iled unless the propose~ makes his request in writing to
~._ : o proposal can be withdrawn after it is
Purchasing Director prior to the time set for the opening of proposal7
or unless the Purchasing Director fails to accept it within sixty (60)
days after the date fixed for opening of proposal.
~: Any actual or prospective respondent to an
Invitation to Bid or Request for Proposal who is aggrieved with
respect to the former, shall file a ~ protest with the
Purchasing Director ~ ~_Q the opening of the Bid or the due date
for acceptance of Proposals. All such protests must be filed with the
Purchasing Director no later than 11:00 a.m. Collier County time on
the advertised date for the opening of the Bid or the acceptance date
for the Request for Proposals.
Award of contract will be made by the Board of County Commissioners in
public session. Award recommendations will be posted outside the
offices of the Purchasing Department on Wednesdays and Thursdays. Any
actual or prospective responden~ who desires to formally protest the
recommended contract award must file a notice of intent to protest
with the Purchasing Director within two (2) calendar days (excluding
weekends and County holidays) of the date that the recommended award
is posted. Upon filing of said notice, the protesting party will have
five (5) days to file a formal protest and will be given instructions
as to the form and content requirements of the formal protest. A copy
of the "Protest Policy" is availabl, at the office of the Purchasing
Director.
: The County accepts no
responsibility for any expenses incurred in the proposal, preparation
and presentation, such expenses are to be born exclusively by the
proposer.
~[~: All firms are hereby placed on ~ that the Board of
County Commissioners does not wish to be lobbied. . .either
individually or collectively. .about a project for which a firm has
submitted a Proposal. Firms and their agents are not to contact
members of the County Commission for such purposes as meeting or
introduction, luncheons, dinners, etc. During the process,
, no firm or their agent shall
contact any other employee of Collier County in reference to this
Proposal, with the exception of the Purchasing Director or his
designee(s). Failure to abide by this provision may serve as grounds
for disqualification for award of this contract to the firm.
Request ~r ProposalS97-2623_ 'Skateboard Park Co~ession'
~: Should the contractor be found to have failed to perform
his services in a manner satisfactory to the County as per
Specifications, the County may terminate this Agreement immediately
for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice The County shall be
sole judge of non-performance. ·
~2~_~: The bidder agrees, should he/she be successful in
award, to furnish the County within ten (10) consecutive calendar days
after written notice of award has been given, a Performance Bond in
the amount of Five Thousand Dollars ($5,000) or any other term of
su~'ety executed with a surety insurer being an approved reputable and
responsible firm licensed to do business in the State of Florida to
guarantee the faithful observance of this contract in strict accord
with the Contract Specifications and other documents. All performance
security shall be continued to a minimum of six (6) months past the
completion of the project under this contract.
Each proposal shall be accompanied by a Five Hundred Dollar ($500.)
RFP security in the form of a cashiers check, bid bond, irrevocable
letter of credit, cash or other form of security authorized by the
Purchasing Director. Collier County reserves the right to reject any
and all security tendered
to the County. RFP security will be
returned within thirty (30) days after Collier County and the accepted
proposer have executed a written contract.
~~ Other than minor procedural matters,
questions regarding this proposal must be addressed
Mr. GaFf Franco, Parks Superintendent
Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 34116
Telephone (941) 353-0404
Request for Proposal ~Y7-2623 - 'Skateboard Park Concession"
Page "1 6C_1 ,
Collier County intends to provide a concrete slab approximately 176, x
176' located at the East Naples Community Park The County is looking
for a concessionaire who will '
provide the 3esi?n, construction and
installation of structures to be used as a ~KateDoard Park for state
and national events similar to those used by the Aggressive Skate
Association (ASA), and/or the National Inline Skate Series (NISS).
The County shall construct a
Concessionaire. concession building for use by the
The County, as part of this proposal is also lookin9 for a firm to
manage and operate the facility once completed. The County is looking
to provide an operation that stresses a drug free, non-violent, clean
operation that will sez-ve to draw the skating youth and as well
enhance the neighborhood.
East Naples Community Park is located at
Florida 34112.
3500 Thomasson Drive, Naples
Proposals for operations and capital improvements shall,
including the following:
A) Hours of operations;
at a minimum,
B) Proposed Staffing levels;
C) Proposed retail operation;
D) Special Event concepts;
E) Proposed rental operations;
F) A proposed waiver form for adults and minors;
G) A proposed name for the facility;
Page
Request ~rPr°posal~7-2623-'Sh~board Park Co~ession'
H) Provide the Company,s experience in Skateboard Park Operations,
including:
1) Rentals;
2) Equipment maintenance and repairs;
3) Special events;
4) Retail sales;
5) Design and construction.
I) Indicate how much initial capital funding will be provided by
the concessionaire to the project, the source of this funding
and an estimate of how the funding will be distributed, i.e.
dollars dedicated toward rental equipment retail equipment,
etc. ,
J) Propose a fee schedule, and schedule of c
paid to the Count= ~ ...... oncession fe
.... z' uuncesslon tee- ~-~ ~ - es to be
monthly ~ o-=ii De Shown as a
~ymen~ or a percentage of gross sales whichever minimum
greater
· is
K) Provide a proposed plan for structures to be located on a
176, x 176, concrete slab· A drawing of a typical piece that shows
the type of construction and materials that are to be used shall be
included as well. Structures proposed shall not be a permanent
type structure. The structure shall be made of material that can
be rearranged allowing for different designs·
L) Provide resumes of all persons who will be involved in the
business and the actual operation·
M) Provide a listing of the types of equipment that will be used as
rentals and the expected lines of retail skates, clothing, and
other major retail items· Indicate the names of any firms that
are already under contract.
Request for Proposal ~)7-2623 - 'Skateboard Park Concession"
Page "1 6C- 1
~gross receipts Sai
Y T
: he Concessionaire shall pay to the County a
paid to the County b~- -~ ....... ' - d rental percentage shall be
~ ~ ~= xD~n o[ each month for the preceding month,
and said payment shall be accompanied by a statement of gross receipts
for the preceding month. It is also understood that the applicable
Florida State Sales Use Tax on rental Payments shall be added to the
Concessionaire,s rental payment and forwarded to the County as part of
said Payments. It is the intent of the County that it is to receive
the rental amount as net, free and clear of all costs and charges
arising from or relating to said demised premises.
~-~--~~: The term "gross rec-' ~
-lpts is understood to mean all
income collected or accrued, derived by, the Concessionaire under the
privileges granted by the Concessionair
entered into with the n~v ---~-~, e s Agreement or other document
Cou__~, ~x~u~lng amounts or any Federal, State
or City sales tax, or other tax, collected by the Concessionaire from
customers and required by law to be remitted to the taxing authority.
~: The Concessionaire shall, upon demand, make
available locally, books of account and financial statements to
authorized representatives of the Office of Internal Audit of Collier
County.
~~--~-~: The Concessionaire shall be required to obtain
and pay for all necessary licenses for this operation. The
Ccncessionaire shall be solely responsible for payment of any and all
.taxes levied on his operation.
. _ : The Concessionaire s'
orderly operation at all times ....... ~all have a neat and
~s~r¥ housekeeping on ann'%r%%%%x m~.Jolel~.{esponsible for the
~:[nl~J:~c~:ll' be ~laced on or around i~ /a%?~vY'--N°.-signs, or
· ~F '=u Dy the Director o~ m__,_ _ y locatlon unless
~ r~z~s and Recreation or his
authorized representative. Concessionaire shall make available all
areas under his/her control for examination at any time by the
Director of Parks and Recreation or his authorized representative.
~~L~~[~: The Concessionaire shall employ people to
work at this facility who are literate, neat, clean, well-groomed and
courteous and wear a uniform of the company.
~~' The Concessionair
. y me during the tenure of t~- '- ........ e shall not, at
Agreement or assi n a ~,~__"~ nw~=emen%, SUblet any Part
written . . g ny PO~un or part of it e _ .of
permission granted by ~h, ~_~ _~ _ , xcept by virtue of
- .... ~o~u o[ ~ounty Commissioners.
Page ,2 ~ 6 C
Rcqu~! ~r Proposa]~7-2623_ 'Skat:board Park Concession"
en 1 n
: The term of the Agreement between the County and
e successful proposer shall be for a period
the date of approval by Collier County,s Board of five (5) years from
of County Commissioners
and shall be renewable upon satisfactory performance by the
Concessionaire for a period of five (5) years under the same terms and
conditions, subject to approval of the Board of County Commissioners.
The County shall give the Concessionaire written notice of its
intention to extend the Agreement no less than ninety (90) days prior
to the end of the existing Agreement. The Concessionaire must notify
the County of his/her intent to accept the Agreement extension not
less than sixty (60) days prior to the end of the existing Agreement.
~-~-~]~: The Concessionaire must use point-of-sale electronic
cash machines or other electronic accounting control equipment for the
proper control of cash payments. Cash register tapes must be
maintained and made available upon demand during the entire term of
the Agreement with Collier County. All electronic cash equipment and
accounting procedures must be approved by the Collier County Finance
Department. All sales must be
customer, accompanied by a receipt to the
~: The successful Concessionaire must obtain
written approval from the Director of Parks and Recreation or his
authorized representative for any and all changes in operational
concepts as set forth in his Proposal the comfort and safety of
vigitors and patrons.
~u~_~: The Concessionaire shall provide any security measures
which may be required to protect his/her area and his/her equipment,
materials and facilities.
~: There shall be no discrimination as to race, sex,
color, creed, age or national origin in the operations referred to by
this Management Operations Agreement; and further, there shall be no
diacrimination regarding any use, service, maintenance, or operation
of the premises. Ail facilities located on the premises shall be made
available to the public, subject to the right of the Concessionaire to
establish and enforce rules and regulations to provide for safety,
orderly operation and security of the facilities.
Page 13 1
Request mr Proposal #97-2623 - "Skateboard Park Co~ession'
e
~: The Concessionaire must Cain ·
expense, all equipment re~,~ .... provide ~nd main , at his o
Concession TH" ~ ...... ~u~=u no operate the Sk~-~--= - · wn
equipment '~.._~_~u~sslonalre shall have t~- -~2~~u ~ar~
___a~ . , ~ux~snlngs and fixtur-- -~-- _ ~nu ~o use County
~on~unctton wtth the omer=-a .... . Y presently used ~n
.... ~-~. Any equipment that is ~os~--
or oamaged shall be replaced or repaired at -~-_ , stolen
une expense o~ the
Concessionaire, ordinary wear and tear is expected. Upon the
expiration of ~he Agreement, the Concessionaire shall quietly and
peacefully, redeliver said inventory to the County.
~~: A monthly report of activities submitted to the Parks and
recreation Department by the 15th o .
the form develomed ~ ...... f each month. This re-or
of Parks an~ ~-[---%{ une ~pcessxonaire and a roved ~ ~ uan b~ xn
as a mlnimum, shall include hours of operation, dally atten~anc~
figures, and weather conditions, etc. This report shall accompany the
monthly statement of gross revenues and will be subject to audit.
: If closure of the facilities
or loss of equipment to some but. not all of the facilities or
equipment due to fire damage, flood, hurricane, civil disorder,
strikes, acts of God, etc., the County will allow pro-rata adjustment
of monthly Payments up to the time the damage is repaired or other
circumstances return to normal.
Page
Request ~rProposal#97-2623_ 'Ska~board Park Co~ession~
R
The general Contract Terms and Conditions set forth criteria which
will be used in the receipt of proposals and selection of the success-
ful firm. In addition, the criteria set forth below will be
considered.
A Selection Committee, appointed by the County Manager, will
independently evaluate each proposal, and selection will be made on
the basis of the criteria listed below:
1. ~: Proposer shall answer all questions
on the "Proposers Qualification Form". A Firm answering all
questions shall receive a maximum of three (3) points.
2.
Rating
shall be based on information provided on experience in the
operation of a Skateboard Park Concession. A firm who has direct
experience with this type of service shall receive a higher rating
than a vendor who, for instance, who has worked in a food
management operation (maximum of 5 points).
3.
: Rating
shall be based on overall completeness and clarity of proposal. A
proposal that clearly indicates past experience, similar contracts
that are now in effect, proposers proposed method of operation to
include sketches of any improvements that may be made and
references shall receive a maximum rating of ten (10) points.
4. ~: Each proposal shall include the percentage
or minimum monthly payment offered. The percentage or monthly
payment shall be compared to the other proposals. The vendor who
offers the highest percentage or monthly payment shall receive a
maximum of five (5) points. A proposer who offers lower
percentage or monthly payment shall receive correspondingly less
points.
5. ~.~_~_~: A sample of the vendors monthly report of activities
shall be submitted along with the proposal. Rating shall be based
on information contained within report, ease of use, and the
rating shall be worth a maximum of two (2) points.
Requ~tf~Proposalff97-2623 ='S~teboard Park Co~ession~
Collier County procedure for selection is as follows:
1. Request for Proposals solicited.
2. Receipt of Proposals.
3.
5o
6 o
Page ,5 ! 6 C- 1 '
The County Manager shall appoint a Selection Committee to
pre-qualify all Proposals submitted.
The committee members shall score each Proposal in accordance
with the rating attached, and may, at their discretion, schedule
presentations from the top-ranked firms.
The committee members will rank qualified firms and begin
negotiations with the top-ranked firm. Should Collier County be
unable to negotiate a satisfactory contract considered to be the
most qualified at a price the County determines to be fair,
competitive and reasonable, negotiations shall be formally
terminated and negotiations undertaken with the second most
qualified firm. Failing accord with the second most qualified
firm, the County shall terminate negotiations, and undertake
nego~iations with the third ranked firm.
Upon the successful completion of negotiations, a Contract shall
be drawn up for final approval by the Board of County
mmissioners who may request a presentation by the top-ranked
rm(s).
Rt:qu~ for Propo~l #97-2623 - '$1ca~board Park Concession"
Collier County Florida
Insurance Requir~snts
INSURANCE TYPE
.............. REQUIRED LIMITS
m~mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
~ 1 Worker s CompensationStatutory Limits of Florida
Statutes, Chapter 440 and all
Federal Government Statutory
Limits and Requirements.
2. Commercial General
Liability (Occurrence Form)
patterned after the 1985
I.S.O form with no limiting
endorsements.
Sk~.Rj~ Single Limit
3 Per Occurrence
· Indemnification: The Contractor/Vendor, in consideratio
Ten Dollars ($10.00), the rec
~ccepted throu~k .~- . . eipt and suffi~ ......... 9 of
harmless ~-~ ~'.~ signing of this ~__i .... >~ ur which is
emil ...... ~,,u ue=eno Collier o ...... ~yumen=, shall hol~
, ~ ~==~ from all s-{~ .... ~¥ and its
tees and all co--- -~'~ ~n~ ac:lons, incl,,m:---~=~u" anG
and descrint~'~%_u~£.lltlgation and ~ud~.~L~'9 3tt°rneys'
~.~___ r ~ ~rlSlng OUt ~ ----~ ~,,,=,i~s O~ an n
This .... f-/' =~xs contract or w~-u -y~uenual to the
against the Co .... ~ o~,u pertain to any
Contractor/v..~__ ~"~Y my any employ.. ~ _%-=~,.u Drought
indirectl,,-2]2To=,_agy Subcontractor=-~_ or the named
~ .... ~ =mp~oyeo by any o~ .k__ '_. ~ =nyone directly
~=lon under th ~ ~ un=m. The Contra -
wa by th ..... is provision shall .m~ k_ ~,cE~r/Vendor,s
Co~tra%t -2~ ~fet~ upon contract mr~:' fY l~mlted in any
sufficienj',t2J u°ntractor/Vendor,s~ fFj{,"%,sn°wn .in this
e _{ o ec ion. of.
consider-~ -- _ ; x~celved on th- .~u Go£1ars
-~ -- paymen~ of this obligation f7%t~[t price is
This ~ u u°unt7.
section does not pertain to any incident arising from
the sole negligence of Collier County.
4. Automobile Liability
Owned/Non-owned/Hired $ ~ Each Occurrence
Automobile Included
$. Other Insurance as indicated below:
a) Professional Liability
age 6C- 1
Request for Proposal #97-2623 - "Skateboard Park Concession'
--L 9.
COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS
(Continued)
Contractor shall insure that all subcontractors comply with
the same insurance requirements that he is required to
meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance
provisions.
Collier County must be named as "ADDITIONAL INSURED. on the
Insurance Certificate for Commercial General Liability.
Collier County Board of County Commissioners shall be named
as the Certificate Holder. NOTE--The "Certificate Holder.
should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should
appear on the Certificate.
Thirty (30) D&ym Cancellation Notice required.
The Certificate must state the Bid Number and Title.
We understand the insurance requirements of these
specifications and that the evidence of insurability may be
required within five (5) days of the award of bid.
Insurance Agency
Signature of
Bidder s Agent
Page
Request for Proposal #96-2596 - 'Skateboard Park Concession'
BIDDER QUALIFICATION FORM
Name:
Address:
City:
Telephone:
FAS( Numb.: (-T/J___) .,
TYPE OF CONCESSION EXPERIENCE (food management operation
e'~perience, etc.): ,
State -5k__ ZIP_~~
Concession
TYPE OF FIRM:
~ Corporation/Years in Business:
-------__ Partnership/Years in Business:
______ Sole Proprietorship/Years in Bu~:
R
REFERENCES:
Years of Experience
Bank(s) Maintaining Account (s) : . .
Surety
s-'h~~ ~ .............
Other References:
Page 19
Request for Proposal #96-2.596 - 'Skateboard Park Concession" 1 6 C - 1
BIDDER QUALIFICATION FORM
(Continued)
O'i'~ER INFOR14ATION:
Are there any judgments, claims or suits pending or outstanding ~LY or
~ you?
[_] Yes ~1 ~o
If the answer to ~ question is yes
sheet. , submit details on separate
List all lawsuits that have been filed by or against your firm in the
last five (5) years:
Pursuant to information for prospective bidders/proposers for above
mentioned proposed project,
the undersigned is submitting the
information as required with the understanding that it is only to
assist in determining the qualifications of the organization to
perform the type and magnitude of concession intended, and further,
guarantee the truth and accuracy of all statements herein made. We
will accept your determination of qualifications without prejudice.
The surety herein named, or any other bonding company, bank,
subcontractor, supplier, or an oth
with which we have done ~ ...... ~- er_persons, firms or corp rations
rlquest ~i.~. or nave extended any credi~ to us
are hereby authorized to furnish'you with any information you may
concerning our organization including, but not limited to,
information concerning performances on previous work or credit
standing with any of them. We here release any and all such parties
from any legal responsibility whatsoever of having furnished such
information to you.
Page
Request for Proposal #96-2596 - 'Skateboard Pm'k Concession'
THI SHEET MUST BE SIG ED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
I M P O R T A N T: Please read carefully, sign in the spaces
indicated and return with your bid proposal
PROPOSER CHECK LIST
Bidder should check off each of the following items as the necessary action is completed:
1. The Proposal has been signed.
2. The Proposal prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. I~' required, the amount of bid bond has been checked, and the bid bond or cashiers
check has been included.
8. Any addendum have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Board of County Commissioners
General Services Bldg.
Collier County Government Center
3301 Tamiami Trail E.
Naples, Florida 33962
10. The mailing envek:~e ~ be sealed and mar~ed with:
Pro~:rsal number
Proposal tiOe
Openi~ date
11. The proposal shall be mailed or delivered in time to be received no later than the specified ~
~e arid ~rne. (Ob~erwise proposal cannot be considered).
LL UR R E BID /RFP MU T HA TH I /RF M RAN N THE
I F C RI R ACK .
Signature & T~tle
Date
2O
16C-
Request for Proposal t96-2596 - 'Skateboard Park Concession'
Page 21
16¢-1
CONTRACT PROPOSAL
BOARD OF COUNTY COMMISSIONERS
Collier County Courthouse
Naples, Florida 33962
RE: Request for Proposals #96-2596 - "Skateboard Park Concession"
Dear Commissioners:
The undersigned, as proposer, hereby declares that he has examined the Scope of Services,
and informed himseff fully in regard to all conditions pertaining to the services of a
concessionaire to provide a Skateboard Park Concession. The proposer further declares that
the only persons, company or parties interested in this Proposal or the Contract to be entered
into as principals are named herein; that this Proposal is made without connection with any
other person, company or companies making a Proposal; and it is in all respects fair and in
good faith, with out collusion or fraud.
The service to be furnished by us is hereby declared and guaranteed to be in conformance
with the specifications of the County.
Percentages: An amount equal to the indicated
percentage of all gross receipts (except sales tax),
or the minimum monthly guarantee in a dollar
amount whichever is greater, derived from the
operation of said concessions payable monthly
as follows:
$__2- %
O¢
$.____H_o o Monthly
Addenda Received # # # #
Request for Proposal//96-2596 - 'Skateboard P~rk Concession'
Page 22
16C-1
It is understood by the proposer that the County reserves the right to reject any or all
proposals, to waive formalities, technicalities and irregularities, and to re-advertise.
The proposer further understands that the County retains the right to withdraw all or any
portion of County property thereto from terms and conditions of the Concession Agreement
upon giving the concessionaire ninety (90) days written notice.
~ Partnership, sole
Proprietorship, (Circle one)
Phone No. ,. -
Add ress~jz~aJ~e~L~j~. FL
City and State Zip
BY: ki,~ o ·
Typed and Written
Signature & Title
3HIoB
AGREE.MENT FOR OFFICIATING SERVICES
This Agt'err~-a tnt'red ,ao th, I ~* d.u of ~ I~qT. l'n a'ad l~nct..n th~ l~a,atd
of (.'otm~ C'~ ,~' ('oll~-e ¢',na-a'~. Irk, rata. ~ rrfct~ ~o as thc
..t. :Ldu~ ,-,ftt~l m ~ ~aOc~ tm $ I -I,.t~rI pm' game tx-..r official
1'~o offic~a/, per game'
B. Adult ~ftball on Marco Island:
T~o officials per game
$15.00 pm' game per official
Thc rates include extra innings, games.
SEC'FI(IN II1: CSOA shall provide:
A. Officials for all games, minimum of two (2) officials per game.
A pre-.season list of registered officials for considcration by thc Count)' shall
be furnished to thc County before each sea.son or league. Thc officials mu.si
be registered in the local, state, or national organization specific to their sport.
The Count)' shall have the authority to review thc conduct and effectiveness of
officials. The Count5. re.sen'cs thc right to require CSOA to replace an)'
official who is deficient in meeting standards established by the Amateur
Softball As~x:iatJon and the County.
SECT1ON IV - In the event of postponement or ca::cellation of a scheduled
contest herein, the County shall bear no cost if the game officials(s) or a Board Member
of CSOA is notified one hour prior to game time.
If the game official(s) are not notified of postponement or cancellation prior to
arrival at the field for a .scheduled contest, thc official(s) will be compensated
fi~r one game even though no game is played.
B. In the event a contest which is in progress is canceled duc to inclement
weather, electrical outage, or circumstances beyond the County's or CSOA's
control, official{s) will be paid for games completed and any games in
progress at thc time of cancellation.
SECTION V - Thc Agreement shall be in effect from September 13. 1997 through
September 12. 1998. Amendments to this Contract shall be in writing and signed by both
parties. Thc County may at its sole discretion extend this Agreement under all of the
terms and conditions contained in this Agreement for up to one additional year following
expiration of thc initial term.
SECTION VI - Payment of officials will be made in accordance with Collier
(.'ounty Purchasing Derrartmcnt and Finance Department procedures. CSOA shall render
to the County a biweekly statement showing thc number of games worked by its
official{s). Thc statement shall contain a certification by an officer of CSOA that he/she
has reviewed thc stateroom and that thc information contained therein is true and correct.
This statement shall be mailed to:
Collier Count), Parks and Recreation Department
Attention: Athletic SupcrMsor
3300 Santa Barbara Boulevard
Naples. Florida 34116
SI:.CTION VII - It is expressly understood that CSOA officials are independent
contractors and therefore arc not entitled to benefits normally afforded employees of the
Count)'. This provision shall not apply to an)' County employee ,,,,'ho acts as an official.
SF. CTION Vill - CSOA must include as part of this Agreement. a Certificate of
Insurance verifying a minimum of $500.000 Liability Insurance covering their acts.
omissions or negligence hereunder. Should this insurance coverage expire within thc
terms of their contract. (.'S()A must provide proof of $500,000 l.iability Insurance 24
hours prior to thc expiration date of thc previous policy. The failure of CSOA to provide
said documentation to thc ~tis,"action of the County shall automatically terminate this
Agreement.
SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor
as to thc time and location of organizational meetings one week prior to thc respective
meeting date.
SECTION X - All notices from the County to CSOA shall be deemed duly served
if mailed by registered or certified mail to CSOA at the following address:
Collier Sports Officials As~>ciation
Post ()ffice Box 833 I
Naples. Florida 34101
All notices from CSOA to thc Count)' shall be deemed duly served if mailed by registered
or certified mail to the Count), to:
Collier Count.,,' Parks and Recreation Department
Attention: Athletic Supervisor
3300 Santa Barbara Boulevard
Naples. Florida 34116
CSOA and thc County ma)' change thc above mailing addresses at any time upon giving
thc other part), written notification.
SECTION XI - If CS()/\ fails lo comply with any of the terms and conditions
hereof and such default is not cured wilhin five (5) days after written notice is given to
CSOA. the County may terminate this Agreement.
SECTION Xil - The CSOA will not use. nor suffer or permit any person to use in
an>' manner ~,'hatsoever. County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county, or municipal
ordinance: role, order, or regulation: or of any governmental rule or regulation not in
effect or hereafter enacted or adopted. In the event of such violation by CSOA. or if the
County or its authorized representative shall deem any conduct on the part of CSOA to be
objectionable or improper, the County shall have the right to suspend this Agreement
with CSOA should CSOA fail to correcl any such violation, conduct, or practice to the
satisfaction of the County within 2,1 hours after receiving notice of such violation.
conduct, or practice, such suspension to continue until the violation is cured. CSOA
further agrees not to continue performance under this Agreement occurring the
suspension period until the violation has been corrected to the satisfaction of the County.
SEC'I'ION Xlll - CSOA agrees that there shall be no discrimination as to race.
gender, color, creed, or natura] origin.
SECTION XIV - Nothing herein contained shall be created or be construed as
creating a partnership between the County and the CSOA or to constitute CSOA as an
agent of thc Count)'. CSO/,. is an independent contractor.
SECTION XV - Certificate(s} of Insurance - All CSOA officials belong to the
ASA (Amateur Softball Association) and arc thereby covered by the amount of insurance
required in Section Vlll.
SECTION XVI - This Agreement is subject to an annual appropriation for same
contained in thc County's budget.
IN WITNESS WHEREOF. CSOA. and the County. have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
Attest:
Dwight E. Brock. Clerk
BOARD OF COUNTY COMMISSIONERS
· . ~ ~: ;~ ill . COLLIER COUNTY, FLORIDA
ny~ .,~ .By:_
- ,--~-vuq ¥,c-rK ~/*a,/?,7 Timo/0(y L. Hancock. Chairing--'--
WITNESS
Approved as to form and
legal sufficiency:
I boreas C. Palmer
Assistant County Attorney
COLLIER SPORT OFFICIALS ASSOCIATION, INC.
By: ~
Typed Signature and Title
Jerry R. beCount, President
· J,,L :21 971,HO,'fl 10:54 FAC
TEL:I-9{I-793-3795
P, 002
160
'GenerzJ Contractor's Service~"
Contract #95-2334, dated ~zrch 2~, 1995
Work Ord~ i~ for g~ ~n~ ~ce% su~ to the t~ ~d ~tio~ ~ ~e
Comract rd~ced ~ovc, for Work ~ ~:
~~ Cons~ D~h~ bo~d$ ~d Li~mg at V~s Co~u~ty P~k.
work i~ ~ M the propo~ d~cd ~0~7 ~om Sur~ Const. Co. wNch i$ attach~ h~
~de ap~ oft~ Work ~. In ~r~ ~th T~ ~d CondM~ of the A~e~
rd~en~d ~ove, Work ~d~ ~ SC-29 is a~ed to Sure~ Conlt. Co.
~ Contractor to ~ f~r ~ mt~ to:
Pro,de ele~fi~ ~~g fees for el~ to hx(6) n~ fi~t poles.
Pro,de t~por~ to~ ~ d~st~.
P~om ~te r~tora~on ~ cl~p.
O~ b~8 p~t (fee ~ ~r).
~ohde Bond - f~ to ~ in~
Complete wqtlfin 30 Cal. Days from receipt of Perrier
LJ-°J'fi~g.e~: None
~ /n accordance ~th Item 3 of the Agreement. the County wi~ compensate the Fu'm in
accordance with the negotiated lump mm amount provided in thc schedule below.
TaskI Da.therBo~d$ SM)ri6-]7~O ~5"o. (~f~.
Task II LisJ'Mng ~
TOTAL FEE $ 96.263.00
Any change made subsequent to fmaJ departrnen~ approval will be considered an additional service ami
charged according to a.n executed Change Order as enurnera~x/in Exhibit D of the Agreement.
REVIEWED By.
ATTEST:
4'4 ,,~
BOAW. D OF COUNTy CO~LMISSIONEILS
~ Count_Florida
3
Work Order SC-29 Con~
Page 2
TEL:[-941-Tg~-~TgS
160 ~
ATTEST:
(Corporate Secrctz.,7)
By:.
T~ed Na. rne ~d Title
Signature
(or) witnesses (2)
~'Pl:n'oved ~ to ]:orm and
Sumdcocy:
County Attor-~--y
(~rLn~ Nzme)
blEMORAND JM F NDER TANDING
T?is/3MEMORANDUM OF UNDERSTANDING (MOU) is entered into this
o,t t,y and SMART P 'N ,,- .........
^ssl~e'ance and Recov,--,, · : -~-. ~ra~eg~c Metropotitan
-.,, Teams, hereinafter re£errea to as "SMART"), located at 6240
Metro Plantation Road, Fort Myers, Florida 33912 and the Collier County Office of
Emergency Management, Collie4 County. Florida (hereinafter referred to as OEM)
located at 3301 East Tamiami Trail. Naples. Florida 34112. '
WHEREAS, OEM desires that temporary dry out repairs be made available to the insured
salvageable re. sldentlal structures with hurricane and/or tornado damage to roofs and other
openings, and
WIi'EREAS. SMART has entered into a MOU with the State of Florida (State} to deploy
SMART Nelwork contractors to provide temporary dry out repairs to insured and
uninsured salvageable residential structures with hurricane damage to roof and other
openings, and
WtIEREAS. OEM can provide activation information to SMART Network Contractors
through the Electronic Media for timely activation, and
Wt I'EREAS, OEM can coordinate with the appropriate Law Enforcement Agencies in
order to facilitate access into areas ofhurricane and/or tornado damage by SMART
Network Contractors. and
WttEREAS. OEM can assist SMART in identifying and obtaining access to properties to
be used as Staging Areas for the purpose of storing materials and managing SMART
Operations.
NOW, THEREFORE, in consideration of the premises and covenants contained in the
MOU between SMART and THE STATE and the mutual covenants and agreements
herein contained and other good and valuable considerations, the receipt and sufficiency of
which is hereby acknowledged. SMART and OEM agree as follows:
I. The SMART Network of contractors shall be comprised of only licensed and insured
General and Roofing Contractors. (the Network Contractors).
2. SMART will, from time to time, provide OEM wilh a list of all qualified SMART
Network Contractors on a regular recurring basis.
16D 2
3. SMART shall activate its Network Contractors upon issuance ora Hurricane Watch
for Collier County by the National lturricane Center,
4. SMART shall begin deployment of the Network Contractors within 24 hours after
cessation of hurricane force winds, during daylight hours, typically 24 hours after landfall.
5. SMART shall assign a liaison to the Collier County Emergency Operations Center
(EOC) to provide communications and information between OEM and SMART,
6. SMART shall honor and adhere to all conditions and responsibilities contained in the
MOU between SMART and STATE. a copy oFwhich is included with this document (as
Exhibit A).
7. OEM shall develop a dedicated facsimile number listing of all SMART Network
Contractors and update on a regt:lar basis and only upon information supplied by
SMART.
g. OEM shall provide activation, check in and assembly information to SMART Network
Contractors through the electronic Medb prior to a hurricane making landfall or affecting
Collier County This information will be in the form ora press release developed by
SMART. if possible, or will be included with other Emergency Public Information
Announcements.
9. OEM shall notify the appropriate Law Enforcement Agencies that SMART Network
Contractors who possess SMART identification can be considered by them as authorized
Emergency Workers and be allowed access into areas where property damage has
occurred from a hurricane strike, tornado or associated events
I 00EM shall assist SMART in identifying and obtaining access to properties to be used
as Staging Areas for the purpose of storing materials and managing SM'ART operations.
II. OEM shall provide for the SMART Liaison member(s) access to the Collier County
EOC in order to coordinate Communication and Information between OEM and SMART.
16[3
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the ~ day ofi~r~____~__, 1997
For the County
BOARD OF COUNTY CO~,~[SS~ON~RS
By: ~
For SMART PPN. inc.
Patrick L. Comelison
Southwest Florida Coordinator
ATTEST:
,. D~T~E£BROCK CLERK
·/......- (Dep"aiy Clerk) 7
2
Approved as to Form and Legal Sufficiency
Aug-04-SI7 07: 55A storm
[~4a-~6-Xg~7 ~:46 F~Ct~
TO
9~27B7950 ~.
16D
2
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
T~
v.~ ~. ~, waw..' ~ ~ K,. m~.~
Erk L. Telxrt, B~ ~
~r- t4s~ Urr~ ~ ~ y~ in ~s nar ~.,tme m d.~m c~.~r~oa o£tlRs
se'vtc~ I hope thb i~~ h tmffLd to y~. if you have any qt~a~ please d~ not bltsk~t
~ corfl, l~ roe tt
ELT/dp~
Aug-04-g7 07:55A st;om, smart
I'~P-0~-t997 ~:4~ r'R~ Collt~,-C.~::. FL.
94 ! 2787950 P. 03
TO ~4~5~7
16D ~
~O~ OY U~DLTLSTA2(D~G
¥. N3ETW~ D~ON ~ oiri2zA~ON
AuGI-04-97 O?:§SA st. ot-m
9412787950
EI~ TD E,4~.-~?
Ul:on thc L3m~..";.c ~f · Hu~ W~'ni.'~ by fie Naxio~ lqurric~ne Ccrn. cr, coring I
?¢~t~ SMAKT ~
Aug-0~-97 07: SVA ~Lo~m
smart 94 ! Z 7879 50
Co ! t ~ ·' Co. FL. EOC TO E435e~G?
160
vD.. STATI: P.Y.~ONS'~~
^. Prcr~c, wiabia ti'~ ~m~, of sv~bte r~:wur-,,~s ~ =ppropriatio- s~.hori~, for thc
B, Au~hod~, ,,, no cott to SMART, · ~ior. udgmne~ to t~ Cr~;l Air P~troi for
acr{d uscs.ma~t of in. acted ~m u .~r~d ~3x~n by the Ci"4l A~r Prtrol ~l SM~RT.
D. Prov/d~, m~ec't to prodtx:6~ of n~.~ssar7 lic.--ns~
lioms~. Lr~ mi s=borig~
c~:o./mmt ,r4 grid ~'J~a~mcz~t.
E. l~qu~s~ a=! rnc~ t~=:p~ ~ o'~ matt~'ials a~q~bl, through FEMA for
a~lic~tion by SMART N~
F. Coordinate, subject to pro,4sion ~di r~qu~sted int'~ 0~e inie~'ation of Lhe
SMART Network concept of ~ ~ ~ Staz~ of'Florida Co~prchenshru
En-~pmc~ ,M~rag~ncn~ ]'tan (CEMP).
lgO 2
O. ~.~u~t t~ ~ m~di~ ou~ t.-d brotdcu~crs p:c~d¢ :rmovnccmcnt$
L~c zcfiv~ of Nctwodc
X/IL C£N~RAL lrROVI$ION$
ccn~a~ ~ not :: ~ ~I~c or ~g~t of~e Sm~ ~ ~ ~ amZ~ ~tmS ~om
~d ru~%~dcs ~r ~, MOL'. Not~g ~ ~ MOU is~d m ~e u ~ w~ver of
thc sov~6~
~e ~[,s m ~ p¢ff~ ~rsu~ to t~s MOU ~e ~bj~ ~ the ~%' o~s ~ '
EX. HOTIC'~ A~N'D CONTAC'Z'
D~er~ or Corr~r~r~
T~h.~s~ee, l-lcnda 323~9-2100
~s MOU ~ I~ ¢~reaca ~o bin ~
S~'~T ?lrN, loc
9100 Coral Way
M~,'ni, Flc~ 3316~
Telephone
Pax
Aug-04-97 07:58A stor~n smart 9412787950
Pl~ID-Z21F~19c~7 ~:49 )r~ C~il~er ~, FL. r_~ T~ ~4~:J~7
MOL;, ncmc¢ of thc n~ne, ti~e ~n4 mddr~ ofth~ new representative ~Jl be ~nde~t in
by hand delhttry ~ ~ cer~f",ed -,-il, r~turn r~cei~ requestS, to the addtes.se~ identified
No fund~ ~ 1~ I~c~l~l Ny £~e Sram m SMART Ixu~ io ins MOU.
6D
SMART I~PN. INC.:
By'
Nur~ ~rzt Ti*de:
Date:
~TATE 0P FLORID&
Departmen: of Cor~
D~v~on of Emergency
By.
Namu and Tk~e:
I>~:
Aug.;.O~ ?_.7. 07: 59A · to,--., s-'~,'-~: 941 ='?a?~50 P. Oe
SMART
2
Marc~ 1, 1997
Pa~
238 R edlln
Ncrth Ft. Myers, FL 33903
Dear Pat,
It is my pleasure to w~lcome y':u to tJ'e S~RT Sys(e~ as our Southwest Network Area
Coo~dinato~ By this lett~ y~u ere encouraged and a.~thorized to recruit the following:
· General and Roofing Cc~ractc~'s for partJcJpation in our So--st Damage
Mitigation Netwo~. a.-3cl r'~ d;~.aster ~'espo~$e role w~thin the State of Flod0a
Cc4"nprenensive Emeq;~¥ Manegernept Plan (FCEMP)
· Related con~mnies to De Kart of e Prelerrod Provi;d~ List. of service arx~ procuct.I
which ma), be ~ ~ to, during, o' ~'ter a d~saster, by the following-.
1- any of lt)e pert~;~ construction companies of the Ne~.
2- disaster vtctJrr~ afx:l horrle<:;~'3ers Of a~y affect, ed or Network-~erviced homes
3- participating i~aurarx::e cc~ies am"~or tt~eir re~esentafiYes
4- local, state, o~ federal emergency management offidals arx:l
5- emergency supporl no--it organizations wl~ch ara pan of the FCEMP.
6- vendors of $ut:plies ar~ services needed ,,vil~q the Net'aro,'k's mi~on.
The pnrrmry tJ~ of recrt,.itrr~nl will g~ve us geceral and roofing contractom needed to
accomplish the port di~ast~- ory ou~ - our prn'~e missicn under the state plan. This
secondary tier of re<:z'u~ is intendec~ tO ~'ovlde, tho~e l!eted above, wit~ a li~t of pr~-
selected companm$ to acco'npli~ ~e disasler response tasks which may be required
l;;~;zrL ~lu~nO. ~ · di~ast~-
Plea~.e ncxe that ell cc~)anies recruited ~,an access the benefi~ wh~..h ere part of
system such aa the Sun~ir~ Plan anc~ Ihe SMART Cellular Plan. The Agreement
c~taiiing your key ro~e in this po~t-disast~ imfiatiYe is enclose= for our signature and
~ou13 ~erve to ou~ mutual ;x-eXaction.
Pmmi~ent & CEO
MU/dy
Enclosure
cc:. Ke~ Pinaau, Collie- Cour~y OEM
Jotm Wil~on, Lee Ccun4y OEM
SMART PPN.
9100 C. cx~ W'av. Sut~ 10 · Mlarn,. F~ 33165 · ~"..~351 551-5060 / FAX 551-6114
[¢~ ',,4 PTT~f~ ,..~,, ,.,,~-
16D 2
ITEM Fi _ -- DATE RECEIVED:
FTL£ NO.%
RO U'I~D TO:~
DO NOT ~ A.BOVK T'HLS SPACE (Orig. 9/~9; R~. '7)
REQUEST FOR LEGAL SERVICES
Date: 7/'22/97 To:Office of the Co~nU Atxorney, Attn: ~
Dirision
(]~am¢)
Te~phone # m~L.L~: 'F74-84~
Re: W L ~ RAND ! F DE TANDFN
(Subject)
BACKGROUND OF ILEQUE.ST/'PROBLEM:
(Describe problem mod [h,e back{roqnd Inrormatlo~ - ~ and ~)
(Are there documents or other Information needed to review this matter? Ifyos, attach and reference this informatloa.)
TMI item been pr~o~sly submitted. [] Yes [] No
Of previously submitted pr'~4d~ Coe-ry Attorney's Of Bce rile INo. )
ACTION REQUESTED:
' (134 very specific. Identify mcfly what you need in the way of legal servicL~)
OT'[IER COMMENTS: '
16D 3
97-327
RESOLUTION No.
a RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA. CANCELING CURRENT TAXES UPON LAND
ACQUIRED FOR PUBLIC USE.
WHEREAS, a portion of two (2) tracts of land situated in Section 16,
Township 52 South, Range 26 East, Collier County, Florida, being more
particularly described as Exhibit 'A" attached hereto and incorporated herein by
reference; and was conveyed to the Board of County Commissioners by two (2)
Quitclaim Deeds specifically for park and recreational lands; and
WHEREAS. two (2) Quitclaim Deeds for the park and recreational lands
were recorded in O.R. Book ~ '~ -~ ~., Page t ~ ) 5, and O.R. Book;, '~ 3 ~,, Paget.~..~,
et seq, of the Public Records of Collier County, Florida; and
WHEREAS, the I~'Operty will be utilized for the general public as park and
recreational lands; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Resolution No. 93-499 on November 2, 1993, establishing a
policy to cancel current taxes upon land acquired by Collier County or the Collier
County Water-Sewer District under certain circumstances for public use; and
WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provides that
the Board of County Commissioners of each County of the State of Florida is
given full power and authority to cancel and discharge liens for taxes, delinquent
or current, upon land held or owned by said County for public use by the
governmental unit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current
outstanding taxes on the property located as a part of Section 16, Township 52
South, Range 26 East, Collier County, Florida, being more particularly described
as Exhibit 'A' attached hereto and incorporated herein by reference, are
canceled as of January 1, 1997.
This Resolution adopted after motion, second and majority vote.
Al~orcw,,ed, as to form and
legajl sdffic~ency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI_EJ~COUNT~, FLORIDA .,.
15 · /. '~ ' :/.:',,'2'2" . ,-, -
~r ~0 '97 9:39 P,02
160
3
A porOon of Tr~ct "C' o[' Marco E4.~h Uni( .~,r~, accordm$ lo the P1~t ihcrcof, as rccordcrl in P~at Book
6. at ~ges 69 Ihrough '/3, or' thc Put~lic Records of Collier Count)', FloricL~
· ns ofTr~! "C" comm'exl b) WarranlT O~s rtcordcd in OlT~¢i31
Less and Exocp', ihc,n:from tl~:)sc po_~..~m ..... ~'~ (1 al ~l~'c 1371; and OITicial Rz~;:ords l~ook
Rccor~ Boole'1~413 ~t Pal: 1360. OlI~o3~ t~¢coros a ........ r.
v/J55~, al P.'H',e 12')2. Of the PubP¢ p.t~Ot,~$ Of Collier Count', Florid,3
T~II k"t$1~m~'tt Prl0arld By
TH~ DELTC~A COIr~PCI3,ATtON
~ BdCI~I ~, Suite 700
Mtm. n~ FL 33135
QUITCLAIM DEED
This Indenture, ~c~ ~ m,~ 7m ~.y o~ A~i. ~9~7, Be~een THE DELTONA CORPORATION,
~", ~d
BOARD ~ CO~IER COUN~ COMMI~IONERS
~NATED FOR PARK & RECR~TION~ ~ND
-~o~ ~os~ o,c* ad.ess ~: 3300 SANTA BARBARA BOULEVI~RD, NAPLES, FL 34116
W~NE~H: ~ M~ ~ ~, ~ ~. c~s~at~ ~ ~ ~ o~N AND N~I~
tO w~:
T~ IdenUfl~n No. 57[00120007
A PORTION ~ TRA~ 'C', of M~CO B~CH UN~ NINE, according
recorded In P~ ~k 6, at Pages 69 through 73, of the Public Records of Collier Count,
Florida;
LESS AND EXCE~ THEREFROM I~ portions 0f Tract 'C' conv~ed ~ Warran~ Deeds
recorded In ~c~l Records Book 1413 at Page ~369;O~clal Records Book 1413 at Page
1371; and ~¢tal Records B~k 155~ at Page 1292. of the Public Records of Collier
CounW, F~ld~
TO Hive and To Hold t~ SYT~e IOg~fl~e' win al and sir)gull/ ~ Ip~llnancel l~lunto ~g~ ~ ~
$1g~ed, se41ed in(~ deivwed ~ ~' p~4nce.
THE DELTONA CORPORATION, : ~
a Delaware corporation .., "~P
STATE OF FLORIDA
COUNTY OF DADE
TH~ D~LTC)~NA CC)~I~OflATION
137 D~ M. HarOen
· ~3 B~lckel Avenue,
M'~u~. Ft. 331:31
QUITCLAIM DEED
*** 2209921 OR: 2334 PG: 1828
1]¢01~i~
I?/l~/~? It It:lift DII~ I. l~, ~llI
UC ~l t.O0
lit
Thll Indenture, ~ o~ m~ 7m mx oe A~'m. ~r/, Baleen THE DELTONA CORPORATION, a
Delaware corporlflon, a c~,t~ ~n~ ~ I~ ~ws of me ~tate of ~w~l, i do~tC CO~Orlten for Un~
~", ~d
BOARD OF COLLIER COUNTY COMMISSIONERS
DONATED FOR PARK & RECREATIONAL LAND
omc. ic~u~ m: 3300 SANTA BARBARA BOULEVARD, NAPLES, FL 3411S
he,'~af'm,r caJlu<l the 'leco~d I~ty°'.
WrTNESSETH: That sa,d ~'st ~-ty. ~o( and ~ con$ideqt~n o~ me sum ~ ~N AND N~I~ (%10.~} Do~s. and
~d whch Ibm ta~ f~st O~ hms ~ ~d ~ ~ ~g ~r~ W~d, S~41e, ~g ~d ~g ~ Co~ C~n~. g~.
Io
Tax ldenOflcat~on No. S7B00160009
A PORTION OF TRACT 'D', of MARCO BEACH UNIT NINE, according to the Plat thereof, ae
recorded in Plat Book 6, at Pages 69 through 73, c f the Public Records of Collier County,
Florida;
LESS AND EXCEPT THEREFROM tho~e portions ,~f Tract 'O' conveyed by Warranty Deeds
recorded In Official Reco~'dl Book 1402 at Page 1066; Official Recordl Book 1402 at Page
106B; Official Records Book 1423 at Page 1316,and Official Records Book 190~ at Page
2070, of the Public Records of Collier Count, Florida.
To Have and To Hold m~ s~T4 Io~)e~ wRh an and s~w me al:)~ninancN me(e~.-nto 0ek~ng~g o~ k~
an-fw~ aOg~,lalnkng, and il ~ e.ltaf~. ~ 1~t~. ~Hl. ~. ~ ~d ci~ whats~ of ~e ~t p~. e~ n bw ~ ~.
lo the ~ u~ ~ ~d ~ ~ ~ ~ ~ ~.
In Witneu W~f, ~c ~,t ~ has s~ ~d m~ I~ ~ ~ [~ ~y ~d yw ~st ~ ~.
~ . ~..' ~-.
THE DELTONA CORPORATION,.
a Delaware corporation
By:
Eerie O. Cc.~tr~ht. J~.. Pr~.~iOent ~ (J
~99 B¢~kall A,~,.e, S~Ne 7CX3, Miami, FL 33131
STATE OF FLORIDA
COUNTY OF DADE
The /o(i, go~ k~sln..'henl wis ~:knowted~ed be~o~l ~ lh~ 71h ~y Of ~i. 1~, ~ E~E O. C~O~. ~..
Prlt~l, OI THE ~LT~A C~ON, I ~iwl/l COrp~lt~, On ~l ~ t~ C~ll~. unM auth~ ~ ~t~
~ h~ by sa~ c~at~, ~d tMt ~ mi iff~ thoro ~ the M co~p~all ~1 ~ M~ c~a[~. ~ · ~a~ khan
PROJECT: AutoRanch Road
2209096 OR: 2333 PG: 3231
IIC0]~I;ll; i~ 0~HClIt !1C011)$ o! eoI, l, II!
o?/25/u it H:OII'I( DWI~ I, BIOCl, Cf, Ill
coil 1o.00
I1¢ [ql 10.50
OOC-.?O .70
llll, lqOPil?!
-, ,,,, 1 6 E 2 ¢
I~t~1
THIS DOCUMENT IS BEING RE-RECORDED TO REFLECT ACCEPTANCE BY
TIlE BOARD OF COUNTY COMMISSIONERS.
ROAD RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT
THIS EASEMENT, made and entered into this ~+'C'day of .JUL'f'
1997 by JAMES R. RICH, whose mailing address is 801 AutoRanch Road, Naples,
Florida 34114, (hereinafter referred to as 'Grantor") to COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, its successors and assigns, (hereinafter referred to as
'Grantee.')
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, fqr and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege for road right of way,
drainage, utility and maintenance purposes on the following described lands located in
Collier County, Florida, to wit:
Commencing at the Southwest comer of Section 20, Township 51 South,
Range 27 East, Collier County, Florida, thence South 89' 27' 40' East a
distance of 637.99 feet to a point, thence Nodh 00' 12' 20' East a
distance of 1650.00 feet to the Point of Beginning; thence North 89' 27'
40" West a distance of 30.00 feet: thence Nodh 00' 12' 20' East a
distance of 660.00 feet; thence South 89° 27' 40" East a distance of 30.00
feet; thence South 00° 12' 20" West a distance of 660.00 feet to the Point
of Beginning.
Subject to easements, restrictions, and reservations o~.,~.record.
2221830 OR: 2343 PG: 1868
.. IIICI~I~ il OflrlClll, BC0~$ of COl, till COIIIII.
0t/11/17 at t2:3Hrl ~I~ I. IlO~J, Ctlll
IIJC !"11 ll. Sl
Il?Il 0I~Cl
*** OR: 2333 PG: 3232 ***
OR: 2343 PG: 1869 ***
16E 2G
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constn..,cting,
operating and maintaining road right of way, sidewalk, drainage, and utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
(Signature)
~Pri/~! Na.~me)
(~'~'t u r e)
(P~:ir~t Name-)
JAMES R: RICH
STATE OF ~'LO£ ,~
COUN'FY OF (_L~ ~ jl f,4
The foregoing Road Right. of-Way, Drainage and Utility Easement was acknowledged
before this /7 day of ,..~UL. ~ ,1997 by James R. Rich, who:
v'"is personally known to me
OR
produced
Prepaid b~'~
I~d~ r. Ashton, [scmfr~
Office of the Count) Att~
3~1 East famtamt Trail
Naples, Florida 3411Z
(941) 774~
~ -.-,., co.,mo" ' cc~
~--'~ EXP1RrcS~::~,~C~DAUGI~""tcx-'c~27 2000
as/Fr~of of i~den,% //~
(Print full name)
Commission / Serial No.
My Commission expires:
*** 2220175 OR: 2342 PG: 0807 ***
~C ~1 t.OO
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that ~OLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
MARTIN CARDENAS (04/22/63)
CASE NUMBER:
97 2596 MMA
for services of the Public Defender, bearing the date of the 21st day
of May, I997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2330,
page 1657.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~f~c~/ day of
ATTEST:
· C~'rk -of -Circuit Court
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY'. Tim. im~hi .hy L Rhh-c-o~k --
Chairman
Approved as to form
legal sufficiency
Assistant County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220176 OR: 2342 PG: 0808 ***
o8/2i/~7 et 12:05~N DVlGH~ I. BlOCI, ¢~111
~lC rtl 6.00
C3%NCELLATION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA,
through its BOARD OF COUNTY COMMISSIONERS, is the owner and holder
of a certain
Lien
PEDRO LUIS RODRIGUEZ (12/12/65)
CASE NUMBER: 96 9671MMA
for services of the Public Defender, bearing the date of 7th day
of January, 1997 recorded in the office of the Clerk of the
Circuit Court of Collier County, Florida, securing the principal
sum of:
FIFTY AND *******************************
under Final Judgment and Order recorded in Official Record book
2273, page 2354. All monetary conditions are deleted from the
sentence issued January 7, 1997 per the presiding judge.The Board
of County Commissioners of Collier County hereby surrenders the
same as cancelled, and hereby directs that the Clerk of said
Circuit Court cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Cancellation of Lien be
executed in its name by its Chairman.
Executed this _~-/~ day of ~~ ~/- , 1997.
ATTES'T~,." ./ WARD OF COUNTY COMMISSIONERS
' /~erk of-'C~fcuit Court/
'Approved as to form
te~al ~u£ficiency
Assistant Codnty Attorney
COL~COUINTY~~~, FL(~RIDA
BY: Timothy L. Hancock
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
NAPLES, FLORIDA 34101-3044
*** 2220177 OR: 2342 PG: 0809 ***
ll~ZOiO in O~I~IJO, II~OD~ ~f ~O~LIII C01]]T[, ?L
UC ~ ~.00
1 6 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its [OARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
SHAWN MICHAEL TEETERS (8/6/72)
CASE NUMBER: 91 1058 CFA
for services of the Public Defender, bearing the date of the 18th day
of November, 1991, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****TWO HUNDRED TWELVE AND 50/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 1664,
page 898.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
'" .-o,~O/'-~> day of , 1907.
Executed t~i'~' "~->
ATTEST:. .- o, ARD OF COUNTY COI~ISSIONERS
COL!~T-~R COUNTY, FLORIDA
T~mothy ~7 ~
Chairman
Approved as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220178 OR: 2342 PG: 0810 ***
IICOI~ID iJ O~ICIA~ 11¢0~n$ of ¢O~LIll ~O]TT, ~
1 6 G 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
~10-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
MANUEL MENDOZA (11/20/72)
CASE NUMBER:
97 3947 MMA
for services of the Public Defender, bearing the date of the 10th day
of June, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FORTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2324,
page 2749.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~/~__--/~ day of ~__, 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/~erk of ~lrcult. Court
Approved as to 'form
legal 'sufficiency
COLLIER COUNTY, FLORIDA
BT.7 Timothy ~. ~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220179 OR: 2342 PG: 0811 ***
le~n:
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-3211 lO
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ALEJANDRO IBANEZ (4/25/76)
CASE NUMBER: 97 3571MMA
for services of the Public Defender, bearing the date of the 10th day
of June, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FORTY AND 00/100..*********DOLLARS,
under Final Judgement and Order recorded in official Record book 2324 ,
page 2718.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this off$~ day of ff~~7z , 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
COLLIER COUNTY, FLORIDA
Chairman
Approved as to form
legal sufficiency
~nt County' Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220180 OR: 2342 PG: 0812 ***
IICOII~II) l~ Oi~H¢I~T- 11¢0~ of ~OLLIII O~r'J"[, ~L
~ ~l ~.00
te~n:
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
G10-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its i~ARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JOSE SANTOS FONSECA (5/27/67)
CASE NUMBER: 97 2797 MMA
for services of the Public Defender, bearing the date of the 21st day
of April, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2311,
page 3068.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~-7~ day of ~/ , 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
G~ferk of C~rcu~t ~ ~-
Approved as to form
legal sufficiency
Assistant County Attorney
COLLIER COUNTY, FLORIDA
B~. ~thy L. Hancock
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220181 OR: 2342 PG: 0813 ***
llCOIDID in O~I¢IAL ~I~D$ o! COLLII! courl~, ~L
le~n:
1 6G 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
CALISTHENE DORCENT (9/26/73)
CASE NUMBER: 93 9731MMA
for services of the Public Defender, bearing the date of the 10th day
of March', 1994, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****ONE HUNDRED THIRTY-SEVEN AND 50/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 1924,
page 1190.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ?_~_~_~ day of ~_~ ~ , 1997.
ATTEST: ' '/ BOARD OF COUNTY COMMISSIONERS
~C~~-~-~ ~ T~mothy~-~. ~
Chairman
Approved as .to. 'form
legal sufficiency
~rney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220182 OR: 2342 ?G: 0814 ***
te~:
1 6 G 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFLrNDER
01~$21110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COM/~ISSIONERS, is the owner and holder of a certain lien
against:
MANUEL ANDRADE (8/1/76)
CASE NUMBER:
97 25 MM3~
for services of the Public Defender, bearing the date of the 24th day
of January, 1997, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2278,
page 672.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed ~.this o~-/F~ day of .~~37~
ATTEST:
/Ci~erk of circuit Court
Approv~d as 'to form
legal sufficiency
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220183 OR: 2342 PG: 0815 ***
lUll/S1 it II:OSF! D~ I. J~, ~ll
1 6 1
a~lll
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIO~IERS, is the owner and holder of a certain lien
against:
KEVIN FENDERSON (5/30/58)
CASE NUMBER:
96 5022 MMA
for seryices of the Public Defender, bearing the date of the 8th day
of November, 1996, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
· **'TWENTY-FIVE A~ID 00/100''''''''''*DOLLARS,
under Final Judgement and Order recorded in Official Record book 2251,
page 1319.
The Board of County Co~nissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this _ff_~_~ day of ~~ , 1997.
ATTEST:~'; ' BOARD OF COUNTY COMMISSIONERS
Clerk of-q2ircuit ~-~-t
Approved as .t~ form
legal' su f f'iciency
AsSistant County ~
COLDER COUNTY, FLORIDA
~.- Timothy ~ ~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220184 OR: 2342 PG: 0816
le~n:
SATISFACTION OF LIEN
FOR SERVICES OF TEE PtrBLIC DEFENDER
gi0-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ALTON TIMOTHY RAINES (10/22/45)
CASE NUMBER:
97 3583 MMA
for services of the Public Defender, bearing the date of the 13th day
of May, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100****'**'**'DOLLARS,
under Final Judgement and Order recorded in Official Record book 2320,
page 2454.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this: ,.~"-/~ day of ~~_~__~, 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/ Clerk ot Circuit Court
Chairman
Approved as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220185 OR: 2342 PG: 0817 ***
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENT)ER
01~321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JACOB HUNTER AKA JACOB CLINTON HUNTER (7/12/77)
CASE NUMBER:
96 2197 CFA
for services of the Public Defender, bearing the date of the 29th day
of April, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND O0/IO0*******'**'D~LLARS,
under Final Judgement and Order recorded in Official Record book 2313,
page 2718.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~_~_~__day of ~~ , 1997.
ATTEST: , ~:;.. BOARD OF COUNTY COM~MISSIONER$
CUlt Court /
COLLIER COUNTY, FLORIDA
Chairman
Appr'oved as to. f6rm
legal Su f f.~.cie~cy
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220186 OR: 2342 PG: 0818 ***
LIe ~l i.OO
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
GLEN DAVID MODER (9/13/62)
CASE NUMBER: 95 4717 MMA
for services of the Public Defender, bearing the date of the 12th day
of February, 1997, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2291,
page 2195.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this.~ 1997.
ATTEST:
Approved as to form
legal sufficiency
'--~:~ ~/[As~istant County Ai~torney
day of _~~-~ ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220187 OR: 2342 PG: 0819 ***
!1¢ ~I1 i.O0
1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~321110
FOR CLERK'S USE ONLY
KNO%{ ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ANDREW HENRY MURPHY (11/18/25)
CASE NUMBER:
96 5074 MMA
for services of the Public Defender, bearing the date of the 8th day
of July,' 1996, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2205,
page 522.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
/J
Executed this c~'-~ day of ~~-3~ ,
1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/Cl~rk of Circuit Court
COLL~XR COUNTY, FLORIDA
Timothy 57 ~
Chairman
Approv'ed as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220188 OR: 2342 ?G: 0820 ***
01/21/17 IL t2:OSPI DWI~ I. BIO~,
1 6 G
1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ANGEL SANCHEZ RA~IREZ (1/28/75)
CASE NUMBER:
97 1161MMA
for services of the Public Defender, bearing the date of the 21st day
of May, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2320,
page 2549.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this.: ~'F~b day of ~ ~- , 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/G~e-rk of Circuit Court
Approved as to form
legal sufficiency
ttorney
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220189 OR: 2342 PG: 0821 ***
!~ t.n:
16G 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONLY
KNOt' ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
CHRISTOPHER ROBERT HOWE (12/17/71)
CASE NUMBER:
93 2036 CFA
for services of the Public Defender, bearing the date of the 25th day
of Marc%, 1994, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****FIFTY AND O0/IO0***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 1927,
page 1422.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~_~_~7~ day of ~~2_~__, 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/ ~lerk o~ C~lrcult ~ ~.' Timothy ~. ~
Chairman
Approved as tO form
legal sufficiency
~ County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~32! ] ]0
*** 2220190
OR: 2342 PG: 0822 ***
16G 1
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
CHRISTOPHER ROBERT HOW~ (12/17/71)
CASE NUMBER: 93 2036 CFA
for services of the Public Defender, bearing the date of the 4th day
of October, 1994, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 1996,
page 866.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
this _~__~z~ day of __~~ / , 1997.
Executed
ATTEST: BOARD OF COUNTY COMMISSIONERS
Chairman
Approved as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-321110
let. n:
OR: 2342 PG: 0823 ***
FOR CLERK'S USE ONLY
16G
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JOSEPH CORBITT (10/12/34)
CASE NUMBER: 95 7495 MMA
for services of the Public Defender, bearing'the date of the 18th day
of December, 1995, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100.**********DOLLARS,
under Final Judgement and Order recorded in official Record book 2141,
page 877.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~_~ day of ~7~- , 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Chairman
Approved as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220192 OR: 2342 PG: 0824 ***
leLn:
1 6 G
1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-3211 lO
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
HAROLD J JOZA (5/20/58)
CASE NUMBER:
97 3201HMA
for services of the Public Defender, bearing the date of the 26th day
of June, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100***'*******DOLLARS,
under Final Judgement and Order recorded in Official Record book 2328,
page 2553.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
E~ec~'d, thi, ~~ day of
ATTEST: BOARD OF COUNTY COMMISSIONERS
/~ iourt
Approved as to form
legal sufficiency
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220193 OR: 2342 PG: 0825 ***
01/21/~7 iL 12:151'1[ t)~Glrf I. SloClC,
IILl:
1 6 G 1
SATISFACTION OF LIEN
FOR SEI~VICES OF T~E PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
DAVID BRYANT CHURCH AKA DAVE CHURCH (12/01/34)
CASE NUMBER: 97 3268 MMA
for services of the Public Defender, bearing the date of the 3rd day
of June, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100*******'***DOLLARS,
under Final Judgement and Order recorded in Official Record book 2330,
page 2469.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
_~z_~;~ day of ~~ , 1997.
Executed
this
ATTEST: ':/ ~-/ BOARD OF COUNTY COM~ISSIONERS
App~o.ved as to form
legal sufficiency
County Attorney
COLLIER COUNTY, FLORIDA
BY[ Ti~fothy ~- ~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220194 OR: 2342 PG: 0826
1 6 G
SATISFACTION OF LIEN
FOR SERVICES OF T~E PUBLIC DEFENDER
010-~21110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
SERGIO NERY RAMIREZ AKA SERGIO NERY RAMIREZ
(11/18/71)
CASE NUMBER: 97 2805 MMA
for services of the Public Defender, bearing the date of the llth day
of June, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
*'**FORTY AND 00/100***''******DOLLARS,
under Final Judgement and Order recorded in Official Record book 2330,
page 2447.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this _~_~_~___day of _~~ , 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
ApprOved 'a~-to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34701-3044
*** 2220195 OR: 2342 PG: 0827 ***
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-~1110
FOR CLERK'S USE ONLY
KNO¥ ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
PAULINO CRUZ RAMIREZ AKA PAULINO CRUZ (6/30/66)
CASE NUMBER: 97 1014 MMA
for services of the Public Defender, bearing the date of the 22nd day
of April, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
eec*TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2324,
page 77.
The Board of County Co~missioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed ~.his _~_~_~day of _~ff~F~ , 1997.
ATTEST:
C,~erk of ~rcuit. Court
Approved as t'o form
legal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~y L. Hancoc]~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220196 OR: 2342 PG: 0828 ***
16G 1
SATISFACTION OF LIEN
FOR SERVICES OF ~ I~JBLIC DEFENDER
~1a.32111o
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
DONNIE ROBERT MYERS (8/11/73)
CASE NUMBER: 92 1675 CFA
for services of the Public Defender, bearing the date of the 19th day
of January, 1993, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****SEVENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 1790,
page 1056.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed ay of , 1997.
ATTEST: .... ~ '~ BOARD OF COUNTY COMMISSIONERS
/ ~ COLLIER COUNTY, FLORIDA
Approved ~ to form
legal sufficiency
Chairman
PREPARED BYI
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPI2~S, FLORIDA 34101-3044
*** 2220197 OR: 2342 PG: 0829
SATISFACTIO~I OF LIEN
010421110
FOR CLERK'S USE ONLY
KNOW ALL HER BY THESE PRESENTS that COLLIER COUNTY, FLORXDA, through
its ~3OARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JUAN H MENA (12/17/45)
CASE NUMBER:
94 401 MMA
for services of the Public Defender, bearing the date of the llth day
of Aprik, 1994, recorded in office of the Clerk of the Circuit Court of
Collier COunty, Florida, securing the principal sum of
· '**TWENTY-FIVE AND
under Final Judge~nt and Order recorded in Official Record book 1936,
page 528.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed u~th,.i~u/_~_~_~__day of ~,~. ~ . 1997.
ATTESTr'°' ~S F COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/Cle~. k of Circuit Court
Approved a~ ~o form
legal sufficiency
BY: TimOthy ~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
ttt 2220198 OR: 2342 PG: 0830
~ it IJF/IClAL ~ e! CILLIII C~ITT,
II/N/St it 12:J~. ~ J. ~, ~
16G
SATISFACTION OF LIK!!
FOR SKRVICES OF THE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONT-.Y
ENOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
BRIAN JAMES BEDWELL (10/4/44)
CASE NUMBER: 94 5488 MMA
for services of the Public Defender, bearing the date of the llth day
of July, 1994, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE ~D O0/100***********DOLL~RS,
under Final Judgement and Order recorded in Official Record book 1967,
page 2367.
The Board of County Co~aissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Execut~.,~,.~a day of ~~~_~___, 1997.
BOARD OF COUNTY COHMISSIONERS
ATTEST:
Approved as to form
legal sufficiency
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY~
CLERK OF THK CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220199 OR: 2342 PG: 0831
SATXSFACTXO~ OF LX~
FOR SERVICES OF TI~ PUBLIC D~FEND~
010.~211 I0
FOR CLERK' S USE 01~,¥
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ROBERT EDWARD SMITH (3/2/46)
CASE NUMBER:
95 10439
for services of the Public Defender, bearing' the date of the 12th day
of April, 1996, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWO HUNDRED TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2324,
page 78.
The Board of County Co~issioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed:this,~.,~j ,/ _~~_~_~day of ~~~___, 1997.
ATTEST: " .... '. BOARD OF COUNTY COMMISSIONERS
.!
Approved as tO form
legal sufficiency
Assistant county Attorney
COLLIER COUNTY, FLORIDA
BY: ~--']~y L. Eancoc'E
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
ttt 2220200 OR: 2342 PG: 0832 ttt
~ t~ OI~ICLU, I~:01~! o! COl&Ill t:l:ll~, /L
IIIZlll? at 12:ISRI IIIGI~ I. lion,
I~C ITl ~o#
SATXSFACTXON OF LXKIU
FOR SERVICES OF THE PUBLIC DEFENDER
910.:121110
FOR CLERK'S USE ORLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
lqARY W~LCR ROFFMAN AKA MARY SUSAN GRANT (2/10/56)
C3~E RUMBER:
97 3109
for services of the Public Defender, bearing the date of the 20th day
of May, 1997, recorded in office of the Clerk of the Circuit Cour~ of
Collier County, Florida, securinq the principal sum of
**-*TWENTY-FIVE AND
under Final Judgement and Order recorded in Official Record book 2320,
page 2561.
The Board of County Comaissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Comnissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its .aue by its Chairman.
ATTEST: *'- F COUNTY COMMISSIONERS
-" ., ' / % COLLIER COUNTY, FLORIDA
Approved as to form
legal sufficiency
As~/stant County ~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220201 OR: 2342 PG: 0833
6tl2llll ~t 12:05~ mm I. B~, ~
SATISFACTION OF LIEH
FOR SERVICES OF THE PUBLIC DEFENDER
m0-32! 1 IO
FOR CLERK'S USE ONLY
KNO~ ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against=
LURINE KNIGHT (12/4/70)
CASE NUMBER~ 97 972 KMA
for services of the Public Defender, bearing' the date of the 8th day
of April, 1997, recorded in office of the Clerk of the Circuit Court
Collier County, Florida, securing the principal sum of
eec*FIFTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2312,
paqe 3131.
The Board of County Connnissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this -~'~ day of ~~-/- 1997.
/-~.lerk df Circuit Cour%
appfOve~ a~:'%~ form
legal sufficiency
,. '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220202 OR: 2342 PG: 0834
~ ~ t,tt
hLl:
1 6
SATISFACTION OF LIEN
FOR S~I~'VICES OF THE PUBLIC DEFENDER
010-~211 I0
J FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against=
MA~K DAVID HARPER (1/14/63)
CASE NUMBER=
96 9214 MMA
for services of the Public Defender, bearing the date of the 13th day
of January, 1997, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****ONE HUNDRED AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2273,
page 2328.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~z~ day of .~.-'~.'~ ,, 1997,
ATTESTI ,'.,, BOARD OF COUNTY COMMISSIONERS
.~Iirk oY~C rc~.- t C
'._ .
a~R~pve~.as to fo~
legh~ ~f ficien~
Assistant County Attorney
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1
2220203 0R: 2342 PG: 0835
16G
SATISFACTION OF LIEN
FOR S]~RFZCES OF THE PUBLIC DEFENDER
010.321110
FOR CLERIC' S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
DAVID BRUCE CLIFTON (11/25/6])
CASE NUMBER: 96 6757 ~
fOr serlvices of the Public Defender, bearing' the date of the 31st day
of October, 1996, recorded in office of the Clerk of the Circuit court.
of Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2246,
page 569.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this _~z~ day of ~-*~Fz~ , 1997.
-~ BOARD OF COUNTY COMMISSIONERS
ATTEST:
/~rk of Circuit C6urt
coi .
BY. ~L. Hancock
Chairman
Approved as to form
legal sufficiency
ASsistant C6unty 'Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220204 OR: 2342 PG: 0836 ***
tlCml~ tm OI~IClIL llCO~S o{ ~tlII ~, ~
~C ~ i.lt
le~:
SATXSFACTXON OF LIEN
FOR SKRVXCES OF Ti~ PUBLIC DEFENDER
~10421110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
ROLAND DAD (8/13/66)
CASE NUMBER: 96 480 MMA
fOr services of the Public Defender, bearing the date of the 8th day
Of April, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FXFTY AND O0/IO0***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2312,
page 3129.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Execute~. l~ai,~ e~ ~ day of
ATT.~ST = ' (',
dy.'- ' ' "
/./Clerk of ~rcu~t Cou~
~., . .,~
Approved as' ~o fo~
legal sufficiency
~..~ ~ , 1997.
BOARD OF COUNTY COMMISSIONERS
BY.' Timothy L. Hancock
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220205 OR: 2342 PG: 0837
lt~n:
1 6
1
~ATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010.321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF CO~ISSIONERS, is the owner and holder of a certain lien
against=
ANNE THERESA HALLORAN (2/6/48)
CASE NUMBER=
96 1246 CFA
for services of the Public Defender, bearing the date of the 21st day
of Octo6er, 1996, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****ONE HUNDRED AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2251,
page 749.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed. this o~6 ~ day of
: ,.';~. ]; ,
AT'ST =
~erk bf Ctrcu~ Court
~pproved .as to
legal sufficiency
7~ , 1997.
BOARD OF COUNTY COHHISSIONERS
COLLIER COUNTY, FLORIDA
TimOthY L. Hancock
Chairman
PREPARED BY=
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220206 OR: 2342 PG: 0838 ***
le~:
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
~ts BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
CARLOS AGUILAR MORALES (5/27/50)
CASE NUMBER=
96 10275 MMA
for services of the Public Defender, bearing the date of the 16th day
of April, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2309,
page 3379.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County,. Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed th~s .J~ ~ day of
ATTEST:
Approved as to fo~
legal sufficiency
7~ , 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220207 OR: 2342 PG: 0839
fi/Jill? It l]:J5~l I~(;Fr I. IM,
lie FIJ i,II
leU:
SATISFACTION OF LIEN
FOR SEq~VICES OF TBE PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA; through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
GERMAN PEREZ (5/28/68)
CASE NUMBERs 96 10313 MMA
for services of the Public Defender, bearing' the date of the 16th day
of April~ 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2309,
page 3381.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~'~ day of
~Aer~ Ol~Circuit Cou'r~
App~ovOd ae'.'t~ fo~
legal sufficiency
Assfs~an~ County Attorney
/~-'"-.~ , 1997.
BOARD OF COUNTY COMMISSIONERS
CO~j~R COUNTY, FLORIDA
BY: Timothy L. Hancock
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220208 OR: 2342 PG: 0840 ***
II~J~ in OFFICIAL ~CGI~S o! ~LLIII c~rTT, ~
fi/N/St at 12:o5~ n~ I. Sl~[, ~lll
te~:
SATISFACTION OF LIEN
FOR SNRVIC~S OF THE PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against=
JOHN NELSON SHAW (1/26/60)
CASE NUMBER= 96 9057
for services of the Public Defender, bearing the date of the 10th day
of March, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND
under Final Judgement and Order recorded in Official Record book 2311,
page 3074.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this
A~TEST=
~f6rk of~ircu/t Cour~
Appr69ed.~"to for~
legal sufficiency
s start County Attorney
day of ~ ~ ~
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Ti~(othy L. Hancock
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220209 OR: 2342 PG: 0841 ***
!~:
SATISFACTION OF LIEN
FOR SERVICES OF T~ PUBLIC DEFENDER
010-~21110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
ANTONIO VASQUEZ JR.
CASE NUMBER:
96 601 CFA
for services of the Public Defender, bearing' the date of the 15th day
of October, 1996, recorded in office of the Clerk of the Circuit Court
of Collier' County, Florida, securing the principal sum of
**'*ONE HUNDRED AND OO/1OO***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2246,
page 1792.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this .g~'--/~ day of ~~_~__, 1997.
ATteST= ,.. BOARD OF COUNTY COMMISSIONERS
Appro~e~i ~:~6 form
legal sufficiency
C~.~ER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220210 OR: 2342 PG: 0842 ***
UCO~ XI ORICXU, I'~C011~! o[ ~ ~, ~
11/~1/17 it 12:IS~ ~ I. I~, ~
UC m
16G 1
SRTXSTRCTXOR OF LXER
TOR SERVICES Or TH]~ PUBLIC DEFENDER
010-.321110
FOR CLERX'S US~ O~L!
KNC~ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JENNIFER SUE PAUZAR (10/16/66)
CASE NUMBER:
96 8441
for services of the Public Defender, bearing the date of the 27th day
of December, 1996, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
AND 00/100**'*'*'****DOLLARS,
under Final Judgement and Order recorded in Official Record book 2268,
page 906.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed %n, its name by its Chairman.
Executed th~''._~__~_.~day of __., 1997.
ATTEST: / ~BOARD OF CO~TY CO~ISSIONERS
COLLIER COUNTY, FLORIDA
BYT TimOthy ~ ~
Chairman
Approved as to form
legal sufficiency
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220211 OR: 2342 PG: 0843
ll/21/l? it 12:05Fll olrIG~rr I. stool, CT, IH
I1¢ m ~.OO
Itttl:
1 6
SATXSFACTX~ OF LIEN
FOR SKI:t~XC]SS OF THE PUBLIC DEFENDER
~I0-321110
FOR CLERK'S USE OITLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS. is the o~ner and holder of a certain lien
against:
CARLOS SANTXZO PEREZ
CASE NUMBER:
96 10396
for sery. ices of the Public Defender, bearing the date of the 19th day
of February, 1997, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****FIFTY AND O0/IO0***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2288,
page 844.
The Board of County Co~aissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed__ =,- .j~.t~this.// ~_~___day of ~_~___, 1997.
AT~EST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Appro.ed m~ to form
legal sufficiency
PREPARED BT:
CLERK OF TI~ CIRCUIT COURT
P.O. BOX 413044
ltAPLES, FLORIDA 34101-3044
2220212 OR: 2342 PG: 0844
11/21/S? it, 12:ISFI ~Grr I. IM, ~ uc m
16G
SATISFACTION OF LIEN
FOR S~VlC~S OF ~ PUBLIC DEFENDER
810,321110
FOR CLERK'S USE ONLY
KNOW kLf. HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its ~OAR~ OF COMMISSIONERS, is the owner and holder of a certain lien
against:
PRIMITIVO CALIX (12/20/54)
CASE NUMBER:
96 8010 MMA
for services of the Public Defender, bearing the date of the 16th day
of January, 1997, recorded in office of the Clerk of the Circuit Court
of Collier County, Florida, securing the principal sum of
****ONE HUNDRED AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2275,
page 2305.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Cou~
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Conu~issioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed this ~__~.__day of ~~_____~__, 1997.
ATTE~:~ 3F~BOARD OF COUNTY COMMISSIONERS
legal suf~[tctency
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220213 OR: 2342 PG: 0845 ***
It~:
SATISFACTION OF LIEN
FOR SERVICES OF TltE PUBLIC DEFENDER
010-321110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against~
OLGA SANTOS HARTINEZ AKA SANTOS OLGA HARTINEZ
(12/16/70)
CASE NUHBER .*
96 7564
for services of the Public Defender, bearing the date of the 4th day
of December, 1996, recorded in office of the Clerk of the Circuit Cour~
of Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2263,
page 1301.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Exec~6eWL-~is ~~Z day of ~
'~'. .., , 1997.
ATTESTs Z . ~/ BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form
legal sufficiency
' As~
BY: T~--i-6~y L. Hancoc-~
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220214 OR: 2342 PG: 0846 ***
fi/il/J? It 12:15fll Jll~lT I. I10¢I, ~
U¢ m t. II
~Ill
· ATXSFACTION OF LIEN
FOR SERVICES OF THR PUBLIC DEFENDER
010-3~I110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
JORGE MAR AKA JORGE MEDINA MAR (4/23/71)
CASE NUMBER~ 91 2264 TM
for services of the Public Defender, bearing the date of the 25th day
of March, 1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****TWENTY-FIVE AND 00/100***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2302,
page 263.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
ExecuZed~.[th~ o;&-775 day of ~ 1997.
ATTE ST:
:' BOARD OF COUNTY COMMISSIONERS
ii,ti,iI .~ ,. ·"
Approved as to form
legal sufficiency
COLL_~R COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220215 OR: 2342 PG: 0847 ***
tlC0l~ID Il OFFICIAL ItlC01Df Of C~LLIn C~TT, ~
ti/N/l? It 12:.~ u~x~ s. llOCI[, CLII[
lilt fll i.OI
let=:
1 6 G 1
SATXSFACTXOH OF LIEN
FOR SKRVX~S OF THE PUBLIC DEFNNDER
010-32J110
FOR CLERK'S USE ONLY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against=
LUANNE HINERLEY WIESENTHAL AKA LUANN MINERLEY
WIESENTHAL (6/20//64)
CASE NUMBER:
97 2217 MMA
for services of the Public Defender, bearing the date of the 14th day
of May, '1997, recorded in office of the Clerk of the Circuit Court of
Collier County, Florida, securing the principal sum of
****FIFTY AND OO/1OO***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2315,
page 3015.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
ATTEST. .. BOARD OF COUNTY COMMISSIONERS
· l/,.4* .
~/' ' 4 "':"
Approved as to form
legal sufficiency
BY~ ~. Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2220216 OR: 2342 PG: 0848 ***
II/N/ST it 12:05~ ~ I. IM, ~K
ftc ~ t,lO
1 6 G 1
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
01~321110
A
FOR CLERK' S USE ONLY
KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
DEONIDES PALMA HERNANDEZ (10/9/74)
CASE NUMBER:
97 4946 HHA
for services of the Public Defender, bearing the date of the 7th day
of July, 1997, recorded in office of the Clerk of the Circuit Cour~ of
Collier County, Florida, securing the principal sum of
****FORTY AND O0/IO0***********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2332,
page 46.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Ezecu)ed"~£~%,~___~-/~ .day of ~ 1997
ATTEST: BOARD OF COUNTY COMMISSIONERS
., ~ ',. :', ._
Approved as to form
legal sufficiency
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2220217 OR: 2342 PG: 0849
111211~7 It 12:lS~ ~ I, IK, ~
~C ~ t,II
le~:
SATISFACTION OF LIEN
I~R S~'RVIC~S OF T]~ PUBLIC DEFENDER
FOR CLERK'S USE ONLY
KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through
its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien
against:
EZAI MONDESTIN (3/12/66)
CASE NUMBER:
97 3229 MMA
for services of the Public Defender, bearing the date of the 1st day
of July,.1997, recorded in office of the Clerk of the Circuit Court of
Collier tounty, Florida, securing the principal sum of
AND 00/100*--********DOLLARS,
under Final Judgement and Order recorded in Official Record book 2332,
page 45.
The Board of County Commissioners of Collier County hereby acknowledges
full payment and satisfaction of said lien, hereby surrenders the same
as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier
County, Florida, hereby directs that this Satisfaction of Lien be
executed in its name by its Chairman.
Executed~, ~:'this, ju/~_~____~____day of ~, 1997.
AT'ST BOARO OF COUNTY CO ISSIONERS
Appr6ve2T;'g~ to form
legal sufficiency
COLLIER COUNTY, FLORIDA
Chairman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
16H
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANTAWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
98-CJ-8C-09-21-01-061 in the amount of $56,585.25,
for a project entitled: Street Oang Prevention Apprehension Program I
for the period of 10/01/97 through 09/30/9S, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
(gignatu~o~ AuthOrized Official) (D~ of Acceptance)
/
/Timoth~ L. Hancock~Chai~CountyCc~ission
(Typed Name and Title of Official) '
DCA-CJ Form I (June, 1985)
16H'2
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANTAWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
98-CJ-8C-09-21-01-060 in the amount of $140,850,
for a project entitled: Serioul Habitual Offender Comprehensive
Action Plan (SHOCAP} Program
for the period of 10/01/97 through 09/30/98, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
Ti?_i_i_i_i_i_i_i~L. Bancock, Chairman CollierCount¥Co~nissio~
(Typed Name and Title of Official)
DCA-CJ Form I (June, 1985)
' 1
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
AUGUST 26, 1997
o
~: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 96-9671 MMA, 97-2596 MMA,
91-1058 CFA. 97-3947 MMA, 97-3571 MMA, 97-2797 MMA, 93-9731 MMA, 97-25
MMA. 96-5022 MMA. 97-3583 MMA. 96-2197 CFA, 95.4717 MMA. 96-5074 MMA,
97-1161 MMA. 93-2036 CFA, 93-2036 CFA, 95-7495 MMA, 97-3201 MMA. 97-3268
MMA. 97-2805 MMA, 97-1014 MMA, 92-1675 CFA, 94..401 MMA, 94-5488 MMA.
95-I04239 MMA, 97-3109 MMA. 97-972 MMA, 96-9214 MMA, 96-6757 MMA, 96.-
480 MMA, 96-1246 CFA. 96-10275 MMA. 96-I0313 MMA, 96-9057 MMA, 96-601
CFA, 96-8441 MMA. 96-10396 MMA. 96-8010 MMA, 96-7564 MMA, 91-2264 TM,
97-2217 MMA. 97-4946 MMA, 97-3229 MMA
MI . :
ho
Pelican Marsh Community Development District - April 16. 1997 AND May 21,
1997.
Port of the Islands Community Development District - May 15. 1997 and meeting
notice for August 2 !. 1997.
ho
Parks & Recreation Advisory Board - May 2g, 1997, June 25. 1997 and agenda
for June 25. 1997 and July 30. 1997.. Referred to BCC.
Environmental Policy Technical Advisory Board Agenda - June 9. 1997.
Referred to BCC.
Co
Eo
Airport Authority Agenda - June 9. 1997. Referred to BCC.
ttistorical/Archaeoiogical Preservation Board Agenda - June 13. 1997. July I 8.
1997 and August Il. 1997. Referred to Bce.
l lealth Department Advisory Board Agenda - June 2, 1997 & June 23, I997.
Referred to Bec.
Environmental Advisory Board Agenda. July 2, 1997. June 4
for July 2, 1997 and August 6. 1997. Referred to BCC.
AGENDA
No o..~
H.
I.
J.
Ko
Lo
Mo
Oo
Code Enforcement Board - May 9, 1997 & May 29, 1997. Referred to BCC.
Planning Commission - Agenda for July 3, 1997. Refered to BCC.
Golden Gate Estates Land Trust Committee - April 28, 1997. Referred to BCC.
Pelican Bay MSTBU Advisory Committee - June 4, 1997 and agenda for July 2,
1997. Referred to BCC.
lmmokalee Beamificafion M.S,T,U. Advisory Commiltee - April 23. 1997, May
2 I. 1997 and agenda for June I $. 1997. Referred to BCC.
Water & Wastewater Authority - April 28, 1997, January 27, 1997, October 28,
1996, September 3, 1996. August 26, 1996 and July 22, 1996. Referred to BCC.
Library Advisory Board & Director's Report - May 28, 1997. Referred to BCC.
Marco Island Beach Renourishment Advisory Committee - Cancellation Notice
for July. Referred to BCC.
Emergency Medical Services Advisory Council - June 4, 1997 and agenda for
August 6. 1997. Referred to BCC.
ABENDA T:I'EH
AU6 2 $
!6G2
:PecCican Iarsh
Community Development District
10300 N.W. llth Manor.Coral Springs, Florida 33071~Phon~. (305) 753-0:380~Fax: (305) 345-1292
JUN ?. ? !9~7
June 20, 1997
Memorandum To:
Anthony Pires, Jr., Esquire
Woodward, Pires & Anderson
801 Laurel Oak Drive, Ste. 640
Naples, FL 33963
Robert Fernandez
County Manager
cYo Collier County Governmental Center
3301 E. Tamiami Trail
Administrative Bldg, Second Floor
Naples, FL 34112
Phyllis Jones
Coopers & Lybrand
12800 University Drive
FL Myers, FL 33907
From:
Gary L. Moyer, Manager
Reference:
Minutes of Meeting held April 16, 1997
Enclosed for your records is a copy of the minutes of the meeting held by the Board
of Supervisors of Pelican March Community Development District as referenced
above.
GLM/ir
en¢.
~opie~ To:
16G2 ,
MEETING
DE%'ELOPME1N~ DI~I'P, ICT
The regular meeting of the Board of Supervisors of the Pelican Marsh
Community Development District was held Wednesday, April 16, 1997, at 9:00
A.M., in the Executive Dining Room of First Union National Bank, 5801 Pelican
Bay Boulevard, Naples, Florida.
Present and constituting a quorum were:
John Pistor
John Abbott
Ed Oates
Carol Girardin
Mary Marnell
Also present were:
James P. Ward
Chuck Adams
Anthony Pires, Jr.
Ed Griffith
FIRST ORDER OF ~
Chairman
Vice Chairman
Supervisor
Supervisor
Supervisor
Assistant Manager
District Staff
Attorney
Engineer
Roll Call
Mr. Pistor called the meeting to order at 9:00 A.M. and stated the record
will reflect that all Board members are present.
~,0~ ORDER OF ~ Approval of the Minutes of the March 19,
Mr. Pistor stated that each Board member had received a copy of the
minutes of the March 19, 1997 meeting and requested any additions, corrections
or deletions.
THIRD ORDER OF ~ Consideration of P, esolntion 97-2 Adopth~
an Investment Policy
Mr. Ward stated about a year ago, the State adopted an amendment to
Chapter 218 to the Statutes. Chapter 218 deals with a myriad of financial issues
for local governments including how they invest their surplus funds. The
April 16, 1997
amendments were in response to the derivative problem that occurred in Orange
County a couple of years ago and require that all governments including Special
Districts go through a procedure where the Board adopts an Investment Policy for
the District. There are two procedures outlined in the Statute, one is 218.415
Section 1 through 14 which recognizes that you can utilize a number of different
kinds of investment vehicles including derivatives as long as there is some
oversight by the elected Board or a committee of the elected Board relative to the
utilization of those kinds of funds. It is generally n long and very cumbersome
procedure under the Statute to utilize and you will find that most larger
governments such as Los Angeles, Orange County and New York utilize what
now is codified in the Florida Statutes in Chapter 218.415 (1) - (14).
For smaller entities, such as Pelican Marsh who do not have any surplus
funds, we have prepared a Resolution which allows you to use the alternative
method in the Statute which is the method that had existed prior to the change. It
basically allows you to use Certificates of Deposits and federal obligations like
Treasury Bills or Treasury Notes. As I indicated, at this time Pelican Marsh does
not have what are considered surplus funds under the Statute and to the extent
that we do have them periodically during the year, we will be utilizing the Local
Government Surplus Trust Fund which is a pool of 1,400 local governments
around the State that invest all of their monies in the State pool. You are required
to adopt the Resolution and it is recommended that you utilize the alternative
procedure that has been outlined in the Statute for you.
Mr. Oates stated it is very unlikely that we would ever have any funds for
more than six or eight months.
Mr. Ward stated it is very unlikely. It exempts bond funds because they are
held in a trust arrangement and that is where most of your money is held for
longer than a six or eight month period.
FOURTH ORDER OF BUSINESS Acceptance of Audit for Fiscal Year Ended
Ms. Girardin asked did any issues come up in the Management Letter?
Mr. Ward responded no. I would like to take a minute and go through the
reports themselves with you because I think those are important. On page one,
16G2
April 16, 199'/
we have what is called the Qualified Opinion of your Independent Auditors which
indicates that the Financial Statements were prepared in accordance with
generally accepted accounting principals and there were no issues that came to
the attention of your Independent Auditors that would cause them to qualify their
statements and indicate that these were not presented in a fair financial matter.
That is the most important letter that is contained in here. Without going
through the numbers, if you go to the very back of the Audit, beginning on page 15
there are a few other letters that are now required. We have what is called the
Internal Control Structure letter and it is a requirement that the Auditors review
the internal accounting procedures that we utilize on a daily basis for paying bills,
doing payroll, doing the trust accounting, etc.. They also provide you with some
assurance that the internal accounting procedure that we internally utilize is
sufficiently tight enough that the Financial Statements would then be caused to be
presented in a fair manner. That letter basically says that there is nothing that
came to their attention that would indicate that tho internal control structure of
the District is wrong.
Mr. Oates asked at the bottom of page 15, what does it mean when they say
'accordingly we do not express such an opinion?
Ms. Girardin responded they are not expressing an opinion on the internal
control structure but they are saying that nothing cams to their attention in the
course of all the work that they did.
Mr. Oates stated so that is not a negative statement.
Ms. Girardin stated that is correct.
Mr. Ward stated the Report of Compliance is on page 17 which is the letter
that indicates that the District did not violate any laws or bond covenants during
the year with respect to how it accounted for all of its funds. The final letter is the
Management Comment letter where they basically said 'there was nothing else
we could find to put in any of the other three letters and we are going to put it in
this letter". There were no current year comments in the Management Letter
that Coopers & Lybrand had presented to you. They specifically find that the
Audit Report that we submitted to the Department of Banking and Finance was
consistent with the preparation of the audited financial statements that ars for
your review today. Those are the four most important letters that are in this
Audit and if you would like, I will go through the numbers but they are pretty
standard.
3
16G2
April 16, 1997
Mr. Oates asked can we rectify in the Management Letter the two years that
we had done what they did not want us to do?
Mr. Ward responded it goes away automatically. In the current year
comment it says 'none', which means that the comment was cleared.
Mr. Oates stated but it says 'prior comment" which continues to apply. I
think what they are saying is that it is still happening and they do not have any
new comments. That is the way that I read it.
Mr. Ward stated that is correct. Sorry about that.
Mr. Oates asked can we make it go away?
Mr. Ward responded yes. We will make that go away.
Mr. Oates asked do we need to make a note like for September or August?
Mr. Ward responded yes. I actually thought that we did that but obviously
we did not so I will look into it.
Ms. Girardin'asked did they complete the Audit on the agreed upon fee?
Mr. Ward responded yes, to my knowledge. I am not sure we have been
billed for the final fee but I am pretty sure it came in on budget this year. I will
check that for you.
Ms. Girardin stated we do not pay the additional amount unless it is
approved.
Mr. Ward stated that is correct.
Mr. Pistor stated we will make sure that we do not spend money that we do
not have.
Mr. Ward stated we actually did have it. I think what the Auditors are
indicating to you is that we did do a Budget Amendment to reflect the additional
expenditure level which I thought that we did. In August or September when we
do our budget process for 1998, I will make sure that we do that to the extent that it
is required which I hope that this year it is not required. However, to the extent
that it is, we will do a Budget Amendment for you.
FIFrll ORDER OF B~ Staff~
A. Attorney
There not being any, the next item followed.
4
! 6G2 ':
April 16, 1997
Mr. Griffith stated I would like to apologize for not being here lately. I do
not think we have had a WCI Communities, L.P. representative here except for
Ms. Watts who was at the last meeting. We have been pretty busy. My days have
been in conflict of these meetings but we have a lot of confidence to manage the
District. I will definitely try to be here a lot more and attend every meeting. The
last six months have been very hectic.
Mr. Pistor stated from the reports we receive, you are doing a great job. Mr.
Oates loved the tour.
Mr. Griffith stated if anyone else wants to go on a tour, I would be glad to
take them out.
Mr. Oates stated it is really worthwhile. They have the Bay Colony
Clubhouse completed.
Mr. Griffith stated the last time we walked through it was under
construction. We can now go through and see it in the finished form. Co Manager
There not being any, the next item followed.
SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience
Mr. Oates stated I will not be at the May meeting.
SEVENTH ORDER OF ~ Acceptance of Financial Statemen~ and
Aoproval oflnvoh
Ms. Girardin asked did you move the 'Developer's Due' to the liability
section?
Mr. Ward responded yes.
Mr. Oates stated the 'Developer Contributions' for the current year to date
are slightly in excess of $200,000. The 'Due to Developer~ is $246,000. Did we have
a carryover from the prior year?
Mr. Ward responded yes.
[ ~re accepted and the Invoices
dated A ril 7 1997 were a roved.
The meeting was adjourned at 9:15 A.M.
April16,1997
Jamt~8 Ward
Az~s~nt Secretary
John ~istor
Chairman
6
! 6G2
Wednesday
April ~6, ~7
9:00 ~M.
1.
2.
3.
4.
5.
AGENDA
CO~ DEVELO~ DISTRICT
Executive DinAng Room
First Union
5801 Pelican Bay Blv~L
Roll Cai1
Approval ofth~ Minutes oft. ha March 19, 1997 Meetin~
Consideration of Resolution 97-2 Adopting an Investmen~ Policy
Acceptance of Audit for Fiscal Year Ended September 30, 1996
Staff Eeports
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Acceptance of Financial Statements and Approval of Invoices
Adjournment
16G2 ,
N~te~ I~ty
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OEVELOPffEHT DISTRICT oJNNES VJUlO
CO~AL SPRINGS FL 33OT1-~530
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HESOLL'rION 97-2
A P. ESOLUTION OF THE BOARD OF ~OP~
OF THE PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, ADOPTING
INVESTMENT POLICY FOR THE DISTRICT AS
PROVIDED IN SECTION 218.415 (15), FLORIDA
STATUTES (199~
WHEREAS, in direct respons~ to the investment crisis in Orange County,
California, and other reported investment losses by some local governments in
Florida, the Florida Leg/slature passed CS/SB2090 (codified in /~ection 218.15,
Florida Statutes, (1995)); and
WHEREAS, Section 218.415, Florida Statutes (1995)creates supplemental
provisions that updato 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, THEREFORE, BE IT RESOLVED BY THE BOA_RD OF
SUPERVISOPJ~ OF THE PELICAN MAR~II COMMUNITY
DEVELOPMENT DISTRICT;
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/~ion 218.415(1) -
(14), Florida Statutes (1995).
2. This Resolution shall become effective immediately upon passage.
Adopted by the Board of Supervisors of the Pelican Marsh Community
Development District, Collier County, Florida, the 16th day of April, 1997.
Secretary
Table of Contents
Repo~l of Independent Accountants
Pages
1
General Purpose Financial Statements:
Combined Balance Sheet - AJI Fund Types and Account Groups
Combined Slatement of Revenues. Expenditures and Changes in Fund Balance
All Governmental Fund Types
Statement of Revenues, Expenditures end Changes in Fund Balance -
Budget and Actual (no~-GAAP) - General end Debt Service Funds
Statement of Revenues, Expenses and Changes in Fund Balance - Pension Trust Fund
Notes lo General Purpose Financial Slatements
2-3
8
7-14
Independent Accountants' Report on the Internal Control Structure Based on an
Audit of General Purpose Financial Statements Performed in Accordance with
Government Auditir~ Standards
15-16
Independent Accountants' Reporl on Compliance Based on an Audit of General
Purpose Financial Statements Performed in Accordance with Government
Auditing Standards
17
Management Letter
18-19
ICoopers
&Lybrand
Cm~e~ I, L,/Ix,~d LLP.
Report of Independent Accountants
Board of Supervisors
Pelican Marsh Community Development District
Naples. Florida
We have audited the general purpose financial statements of' the Pelican Marsh Community Develop-
ment District as of and f.or 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 lhese general purpose financial statements based on our
audit.
We conducted our audit in accordance with generally accepted auditing standards and
,4,d~ltng $1m~br~lt. issued by the Comptroller General ot'the United States. Those standards require
that we plan and perform the audit to obtain reasonable assurance about whether the general purpose
financial statements arc free of' material misstatement. An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the general purpose financial statements. An
audit also includes assessing the accounting principles used and significant estimates made by man-
agement, as well as evaluating the overall general purpose financial statement presentation. We be-
lieve that our audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present t'aidy, in all material
respects, the financial position of the Pelican Marsh Community Development District at September
30, 1996, and the results of' its operations t'or the year then ended in conformity with generally ac-
cepted accounting principles.
]n accordance with Oov~rnmen~ ,4udili~rg $lmaffarff~, we have also issued a report dated December
13. 1996 on our consideration of the District's internal control structure and a report dated December
]3. 1996 on its compliance with laws and regulations.
Fort Myers, Florida
December 13, 1996
1 6G2 ~,,I
16G2 '"
Pelican Marsh Community Development District
Combined Statement of Revenues, Expenditures and
Changes in Fund Balance -All Governmental Fund Types
year ended Sepfember 30, 1990
Debt Capital
General Service Projects
Fund Funds Funds
Revenues
Special assessments $ 1,008.686 $ 713.528 $ 0
Interest revenue 0 128,079 2.252
Miscellaneous revenue 7.243 0 0
Developer contributions 134.126 ~_ 0 0
Total revenues 1 150255 841.607 ~2.252
Expenditures
Current
General government
Operating expenditures 277,361 0
Physical environment
Personal services 308.032 0
Operating expendilures 512.969 0
Capital outlay 33.886
Debt service
Principal retirement 4,437 0
Inlerest ~1.278 1 214 400
Total expenditures
Excess of revenues over
(under) expenditure,*
1 137 963 1 214 400
12.292 (372,793)
Total
(Memorandum
On~.y.L.__
$ 1,722,414
130,331
7.243
1 994 114
0 277,381
0 308,032
0 512.969
0 33,886
0 4.437
0 1 215 678
0 2 352 363
2,252
(358,249)
Olher financing sources
Proceeds from capilal lease
Excess of revenues and other
financing sources over
(under) expenditures
Fund balance (deficit). beginning
Fund balance, ending
19 816 0 0
19816
32.106 (372.793) 2.252 (33~.433)
~ 2 615 435 ~42,358 2 825
The accompanying notes are an integral part of these financial sfafements.
16G2
Debt Se~tce Funds
Va~lnce -
Flvotlble
Budget Actual ~Unfsvor~ble).
~,7~ S 713.528 S ~.~4
4~.~6 0 (4~.~)
0 0 0
__~ 128 079 44 479
214 400 ~7 ~
Tof~ls (Memorandum OnlyJ
Variance.
F~vor~ble
~ ~ctual LUnfavo~b~
S 1,6~,7~ $ 1,7~.414 $ 95,~
4~,~ 7.243 (476,~
0 1~,1~
83 ~ 128 079 44 479
2 1~ 4~ 1 ~1 M2 ~
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
I 214 400 1 214 400 0
1 214 400 1 214 400 0
$ 0 (372,793) ~
2 615 435
145,1 IX) 283,076 (137.976)
171,400 0 171.400
331,7OO 308,032 23.668
319,400 512,969 (193,569)
12,400 0 12.400
0 14,070 (14,070)
~ 1 214 40O 0
194 4OO 2 332 547
0 (340,665) ~
2 583 327
6
16G2 '"
Pelican Marsh Community Development District
Statement of Revenues, Expenses and Changes in
Fund Balance - Pension Trust Fund
ye¥ ended Sepfembe~' 30, 1996
Operellng revenues
Interest revenue
O~her
Tolal operallng revenues
Operating expenses
Net income
Fund balance, beginning
Fund balance, ending
The accompanying notes are an integral part of these financial statements.
'82
13,866
0
13,866
0
13866
Pelican Marsh Community Development District
Notes to General Purpose Financial Statements
Summary of Significant Accounting Policies:
Thc following is a summary of the more significant accounting policies of the District:
Defining Ihe Governmental Reporting Entity: The Pelican Marsh Community Develop-
ment District (the District) is located in Collier County and was created under Chapter 190 of
the Florida Statutes to provide public improvements and to deliver community development
services in the area of the District thereby providing a solution to the County's planning, man-
agement and financing needs for delivery of capital infrastructure within that portion of Col-
lier County. The District was organized on November 23, 1993.
The business and affairs of the District are governed by a Board of Supervisors who, initially,
were designated and appointed in Ihe formative petition and rule establishing the District.
Thereafter, the Supe~sors will be elected on an at-large basis by the owners of the property
within the District
Statement of Governmental Accounting Standards Board Number 14, 'Financial Reporting
Entity' (GASB 14) requires the financial statements of the District (the primary government)
to include its component units, ifany. A component unit is a legally separate organization for
which the elected officials of the primary government are financially accountable. Based on
lhe criteria established in GASB 14, there are no component units included in the District's
financial statements.
Fund Accounting: The accounts of the District are organized on the basis of funds and ac-
count groups, each of which is considered a separate accounting entity. The operations of
each fund are accounted for with a separate set of self-balancing accounts that comprise its
assets, liabilities, fund equity, revenue and expenditures, as appropriate. Government re-
sources 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 funds are grouped, in the financial statements in this report, into fund types and ac-
count groups as follows:
Governmental Fund Types
General Fund - The General Fund is the general operating fund of the District. It ac-
counts for ali financial resources, except those required to be accounted for in another
fund.
Debt Service Funds - These funds are used to account for the accumulation of resources
for, and the payment of, general long-term debt principal, interest and related costs as they
mature and become due.
Capital Projects Funds - The Capital Projects Funds are used to account for financial re-
sources to be used for the acquisition or construction of major capital facilities.
7
Notes to General Purpose Financial Statements, Continued
Summary of Significant Accounting Policies, continued
Fund Accounting, continued
Fiduciary Fund Type
Pension Trust Fund - The Pension Trust Fund accounts for assets held in a trustee
capacity.
Account Groups
General Fixed Asset~ - This self-balancing account group is used to account for ali fixed
assets of'the District.
General Long-Term Debt - This self-balancing account group is used to account t'or all
long-term debt of the District.
· Measurement Focus:
Governmental Fund Types - The General, Debt Service and Capital Projects Funds are
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. Ac-
cordingly, the reported undesignated fi:nd balance (net current assets) is considered a
measure of'available, spendable or appropriable resources. Governmental Fund Type oper-
ating statements presem increases (revenue) and decreases (expenditures) in net current
assets.
Fiduciary Fund Type - The Pension Trust Fund is accounted t'or on a 'capital mainte-
nance' measurement locus. Accordingly, all assets and liabilities are included on its bal-
ance sheet, and the reported fi:nd equities (total reported assets less total reported
liabilities) provide an indication of the economic net worth of the fund. The operating
statement for the Pension Trust Fund repons increases (revenues) and decreases (ex-
penses) in total economic net worth.
Account Groups - The General Fixed Assets Account Group and the General Long-Term
Debt Account Group are concerned only with the measurement of financial position. They
are not involved with the measurement of results of operations.
Basis of Accounting: Basis of accounting refers to when revenue and expenditures are rec-
ognized in the accounts and reported in the general purpose financial statements. Basis ofac..
counting relates to the timing of the measurement made, regardless of the measurement focus
applied.
Notes to General Purpose Financial Statements, Continued
Summary of Significant Accounting Policies, continued
Basis of Accounting, continued
The modified accrual basis of accounting is followed by all Governmental Funds of the Dis-
trier, whereby revenue is recognized when it becomes measurable and available as net current
assets. Non ad-valorem assessed income and ~ross receipts are considered "measurable"
when collected and are recognized as revenue at that time. Anticipated refunds of such as-
sessments are recorded as liabilities and reductions of revenue when they become measurable
and their validity seems certain. Expenditures are generally recognized under the modified
accrual basis of'accounting when the related fund liability is incurred. Exceptions to this gen-
eral rule include: (I) principal and interest on general long-term debt, which are recognized
when due; and (2) expenditures are not divided between years by the recording of' prepaid
expenses.
Thc Pension 'Trust Fund is accounted for by using the accrual basis of accounting Under this
method, revenues are recognized when they are earned, and expenses are recognized when
they are incurred.
Fixed Assets.* Fixed assets used in Governmental Fund Type operations (general fixed as-
sets) are accounted for in the General Fixed Assets Account Group, rather than in the Gov-
ernmental Fund Type. No depreciation has been provided on genial fixed assets.
All fixed assets are valued at historical cost, or estimated historical cost if actual historical
cost is not available. Public domain (infrastructure) general fixed assets consisting of certain
improvements other than buildings, including water management facilities, roadways, water,
sewer, irrigation, landscaping,, drainage, lighting and sidewalks are capitalized.
Investments: Investments are stated at cost or amortized cost which approximates market.
Budgets and Budgetary Accounting: The District has adopted formal annual budgets for
the General and Debt Service Funds. The Capital Projects Funds' budget is adopted by pro-
ject for multiple years.
The following procedures are used by the District in establishing the budgetary data reflected
in the general purpose financial statements:
i. During the summer, the District management submits to the Board of Supervisors pro-
posed operating budgets for the fiscal year commencing on October !. The operating
budgets include proposed expenditures and the means of financing them.
2. A public hearing is conducted to obtain public comments.
3. The budgets are adopted by approval of the Board of Supervisors.
4. Estimated beginning fund balances are considered in the budgetary process but are not
included in the financial statements as budgeted revenue.
16 2
Notes to General Purpose Financial Statements, Continued
Summary of Significant Accounting Policies, continued
Budgets and Budgetary Accounting, continued
5. Thc budgets for the General and Debt Service Funds are adopted on a basis consistent
with generally accepted accounting principles, except as discussed in Note 9.
6. Budget transfers can be made throughout the year between expenditure accounts. The
level of budget conlrol is exercised at the Rsnd level.
7. Budget amounts, as shown in these general purpose financial statements, are as origi-
nally adopted, or as amended by the Board of Supervisors.
8. Appropriations lapse at year-end.
Encumbrances: Encumbrance accounting, under which purchase orders, contracts and
other commitments t'or Ihe expenditure of. monies are recorded in order to reserve that por-
tion of the applicable appropriation, is not employed by the District because it is, at present,
not necessary to assure effective budgetary control or to facilitate effective cash planning and
control.
Total Columns on Combined Statements: Total columns on the combined statements are
captioned "Mcmorandum Only" to indicate that they are presented only to facilitate financial
analysis. Data in thcse columns do not present financial position or results or' operations in
conformity with generally accepted accounting principles. Neither is such data comparable to
a consolidation, lnterfund eliminations have not been made in the agsregation of'this data.
Special Assessments: The provisions of' Florida Statutes Chapters 170 and ]90 allow the
District to levy spt'cia] assessments. Special assessments are genera]]y levied ~ch :year after
formal adoption of.the District's budget and become due and payable on November 1st. Spe-
cial assessments are recognized as revenue when they are measurable and available as net
current assets.
Cash and Investments:
Deposits: At September 30, 1996, the carrying amounts of.the District's deposits were $41,252
and thc bank balance was $55,583. These deposits wcrc entirely covered by federal depository
insurance or by collateral pursuant to the Florida Security For Public Deposits Act (Florida Stat-
utes Chapter 280).
Investments: Florida Statutes authorize investments in obligations or' the U.S. Government or
obligations which arc unconditionally guaranteed by the U.S. Government, certificates or'deposit
and savings accounts, repurchase agreements and the Local Government Surplus Funds Trust
Fund administered by the Florida Board of.Administration.
10
16G2 '
Notes to General Purpose Financial Statements, Continued
2. Cash and Investments, continued
Investments, continued
Certificates ofdepo~, savin~ accounts and bank balances whose values exceed the amount of
federal depository insurance are collateralized pursuant to the Florida Security For Public De-
posits Act.
The District's investments are categorized below to give an indication of the level of risk as-
sumed at year-end Category 2 is defined as deposits and investments held by the pledging fi-
nancial institution's trust department or agent in the District's name.
Approximate
Category Carrying Market
2 Amount Value
Treasury no~es
The Deferred Com~tion Mutual Funds are not categorized as they are not evidenced by se-
curities that exist in physical or book entry form. At September 30, 1996, the investment with
fiscal agent (in mutual funds) totaled $7,119 which equaled its market value.
3. General Fixed Assets:
The summary of changes in general fixed assets for the period ended September 30, 1996 is as
follows:
Balance Balance
October 1, September 30,
1995 Additions Deletions 1996
Land improvements $ 10,g87.740 $ 0
Machinery and. equtpmenl 0
$ 0 $ 10,987,740
o 78,o~
4. Operating Leases:
The District leases equipment under operating leases expiring in various years through 1997.
Rental expense under such leases was approximately $46,000 for the year ended September 30,
1996.
11
16G2
Notes to General Purpose Financial Statements, Continued
General Long-Term Debt:
The following chanses in general long-term debt occurred during the year ended September 30.
1996:
Long-term debl payable. Oclober 1, 1995
$ 14.g14.000
Increase In a~ compensated absences
Increase In capital lease payal~e
Principal retirement
6,246
19.816
Long-term debt payable. September 30, 1996
General long-term debt is comprised of' the following:
Special Assessment Revenue Bonds outstanding at September 30. 1996, interest
at 8.25%. maturing through May 1. 2016.
$ 14 935 625
$14.720,000
Non. Interest bearing advances from Developer
194.000
Capital lease obrtgation collateralized by equipment, commencing January 1996.
interest at 9.524%. maturing through January 1999, monthly payments of $635
Including interes~
15.379
Noncurrent portion of compensated absences. Employees of the District are
entitled to paid annual personal leave, based on length of service.
/s.24~
Total general Iong-lenn debl
The f'ol]owing is a summary ot'bonds outstandin8 at September 30, 1996:
Special Assessment Revenue Bonds
Original date of obligation November 14, 1994
Interest rate 8.25%
Final maturity date May 1,2016
Special Assessmen! Rm, enue Bonds Resolutions: The resolutions or'the Special Assessment
Revenue Bonds established certain accounts and determined the order in which certain revenues
are to be deposited into these accounts.
In addition, there are various restrictive covenants included in the resolutions. The District com-
plied in ail material respect with all of these covenants for the Series 1994 Special Assessment
Revenue Bonds.
12
6G2 '
Notes to General Purpose Financial Statements, Continued
General Long-Term Debt, continued
Special Assessment Revenue Bonds Resolutions, continued
The following is a schedule of debt f~-n. ice requirements for the next five years and thereafter:
Year Ending
September 30 Pdnci alp.~_. Interest Total
1997 $ 315,O00
1998 340,00O
1999 365.000
2000 395,000
2001 430,O00
Thereafter 12 675 000
$ 1,214.400 $ 1,529.400
1.188,412 1.528,412
1.160.362 1.525.362
1,130,250 1,525,250
1,097,663 1.527,663
10 031 589 22 906 589
Future minimum lease payments under capital leases, includin8 interest payments as of Septem-
ber 30, 1996 are as follows:
Year Ending
S..~j)tember 30
1997 $ 7.620
7,620
1998
1999 __1.906
17.146
Less amount relxesenting Interest --~
Related Party Transactions:
WC! Communities, L.P. (Developer), a major land owner within the District, contributed to the
District $134,126 durin8 the period October I, 1995 to September 30, 1996 to fi~nd operations.
The Developer currently owns approximately 1,500 acres of the 2,075 acres in the District and
is, theret'ore, responsible for the payment of the majority ofthe annual assessments.
e
Overexpenditures:
For the year-end September 30, 1996, the District's actual expenditures in the General Fund ex-
ceeded authorized appropriations by approximately :1;138,000.
13
1662
Notes to General Purpose Financial Statements, Continued
8. Employee Benefit Plan:
Effective For fiscal year ending September 30, 1996, the District established a defined contribu-
lion qualified pension plan. The plan, which is available to all District employees upon comple-
tion of one year oF service, provides Ihal the Dislrict will conlribute 6% or' an employee's annual
salary, and lhe employee has the ability lo conlribule an additional 4%. Vcatin$ occurs 20% per
year after one year otrservice. Forfeilures are used lo reduce the Distriot's contribution. The to-
tal payroll for cmploycea covered by the plan For the year ended September 30, 1996 was
$229,636; the District's total payroll was $240, I66 for the same period. The Dislrict contrib-
uted cash of'$7,119 for lhe fiscal year ended September 30, 1996
Budget to Actual Differences:
13udgels are adopled on a basis consisten! with generally accepted
(GAAP) excepl as follows:
General Fund:
Excess of revenues and other financing sources over
expenditures (GAAP basis)
Basis differences:
Capital lease payments not budgeted as delX service
Capital lease payments budgeted as operating expendilures
Proceeds from capilal lease not budgeted
Capilal outlay fo~ capital lease not budgeted
Excess of revenues over expenditures (non-GAAP budgetary basis)
accounting principles
$ 32,108
(s,71s)
5.715
19.816
14
Coopers
&Lybrand
Cooperl & Lyre'and LLP.
Independent Accountants' Report on the Internal
Control Structure Based on an Audit of General
Purpose Financial Statements Performed in
Accordance with Government Auditing Standards
Board or Supervisors
Pelican Marsh Community Development District
Naples. Florida
We have audited the general purpose financial statements of. the Pelican Marsh Community Develop-
ment District as of' and for the year ended September 30, 1996, and have issued our report thereon
dated December 13, 1996.
We conducted our audit in accordance with generally accepted auditing standards, Gown~m~l
,~/diling Sta~dar~Z~ issued by the Comptroller General of the United States and Section
i 1.45(3Xa)4., of' the Florida Statutes. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the general purpose financial statements are tree of mate-
rial misstatement.
l'he management of' the Pelican Marsh Community Development District is responsible for establish-
ing and maintaining an internal control structure. In f.ulfillin$ this responsibility, estimates and judg-
ments by management are required to assess the expected benefits and related costs of'internal control
structure policies and procedures. The objectives of'an internal control structure are to provide man-
agement with reasonable, but not absolute, assurance that assets are safeguarded against loss from
unauthorized use or disposition, and that transactions are executed in accordance with management's
authorization and recorded properly to permit the preparation of financial statements in accordance
with generally accepted accounting principles. Because of inherent limitations in any internal control
structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any
evaluation of the structure to fi~ture periods is subject to the risk that procedures may become inade-
quate because of changes in conditions or that the effectiveness of the design and operation of poli-
cies and procedures may deteriorate.
In planning and performing our audit of the general purpose financial statements of'the Pelican Marsh
Community Development District for the year ended September 30, 1996, we obtained an under-
standing 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 pur-
pose ot' expressing our opinion on thc internal control structure. Accordingly, we do not express
such an opinion.
CzxJ¢l¢l & Lyi)'lld L L P. I ~'1~ bl,~ld Ilbily iJJl~, j i ml1113t' I1~1 i~ C(llll3lrl a Lj~l,l, ld Jllll~lj(l~l.
Our consideration of Ihe internal control structure would not necessarily disclose all matters in the in-
ternal control structure that might be material weaknesses under standards established by the Ameri-
can Institute of'Certified Public Accoumants. A material weakness is a condition in which the design
or operation or' one or more ot' the imemal control structure elements does not reduce to a relatively
iow level the risk that enors or irregularities in amounts that would he material in relation to lhe Sen-
eral purpose financial statemems being audited may occur and not be detected within a timely period
by employees in the normal course of performing their assigned tunctions. We noted no matters in-
volving the internal control structure and its operations thai we consider to he material weaknesses as
defined ,,bove.
This report is intended solely for the use of'the Pelican Marsh Community Development District, the
Auditor General of' the State of' Florida, and other federal and state audit agencies. However, this re-
pon is a malter of public record and its distribution is not limited.
Fort Myers, Florida
December ! 3, 1996
ICoopers
&Lybrand
~ · Lyt~lnd LLP.
16G2
Independent Accountants' Report on Compliance
Based on an Audit of General Purpose Financial
Statements Performed in Accordance with
Government Auditing Standards
Board of' Supervisors
Pelican Marsh Community Development District
Naples, Florida
We have audited the general purpose financial statements of'the Pelican Marsh Community Develop-
ment District as of' and for the year ended September 30, 1996 and have issued our report thereon
dated December 13, 1996.
We conducted our audit in accordance with generally accepted auditing standards and
/fu~//~/ng S~andard~, 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 Pelican Marsh Community Devel-
opment District is the responsibility of the District's management. As part of obtaining reasonable as-
surance about whether the general purpose financial statements are flee of material misstatement, we
performed tests of the District's compliance with certain provisions of' laws, regulations, and con-
tracts. However, the objective of' our audit of' the general purpose financial statements was not to
provide an opinion on overall compliance with such provisions. AccordingJy, we do not express such
an opinion.
The results of' our tests disclosed no instances of. noncompliance that are required to be reported
herein under OoverT~menl ,~ucliling
However, we noted certain matters involving compliance that we have reported to the District in a
separate letter dated December 13, 1996.
This report is intended solely for the use of the Pelican Marsh Community Development District, the
Auditor General of the State of' Florida, and other federal and slate audit agencies. However, this re-
port is a matter of'public record and its distribution is not limited.
Fort Myers, Florida
December 13, 1996
17
ICoopers
&Lybrand
16G2
Management Letter
Board of Supervisors
Pelican Marsh Community Development District
Naples, Florida
We have audited the general purpose financial statements of the Pelican Marsh Community Develop-
ment District t'or the year ended September 30, 1996, and have issued our report thereon dated De-
cember 13, 1996. In connection with our audit, we are submitting the following report in accordance
with Chapter I0.550 "Rules of the Auditor General - Local Governmental Entity Audits" (revised
September 30, 1996) and Section 1 !.45(3Xa)4., of the Florida Statutes.
PRIOR YEAR COMMENT WIIICH CONTINUES TO APPLY
1. Actual Expenditur~ Should Not Exceed Appropriations
The District has an agreement with the Developer to ~nd amounts spent in excess of budget.
However, the District has not increased its budseted appropriations to reflect approval by the
District of spending in excess of the amount budgeted. In 1996, the District's actual expendi-
tures in the General Fund exceeded budgeted appropriations by approximately $138,000.
We recommend that the District's Board approve increases to its budget prior to the incur-
rence of expenditures which would cause the budget to be exceeded.
CURRENT YEAR COMMENTS
None.
We have included in this letter all comments which came to our attention during the course of our
audit regarding Items I through 10, as applicable, of'the "Rules of the Auditor General - Local Gov-
ernmental Entity Audits,' Rule 10.554, Section (IX0. In regard to Item 3, nothing came to our at-
tention to cause us to believe that at any time during the year the District met any ofthe criteria for
being in a state of financ/al emergency as defined in Florida Statute 218.503(I). Additionally, in re-
gard to Item 4, we represent that the financial report filed with the Department of Banking and Fi-
nance, pursuant to Florida Statute 218.32(IXa), is in agreement with the annual financial audit report
for the same period
16G2
This report is intended solely for the use ot' lhe Pelican Marsh Community Development Districl, the
Auditor General or' the Slate or' Florida, and other t'cderal and stale agencies and should not be used
For any other purpose. However, this report is a matter or' public record and ils distribution is not
limited.
Fort Myers, Florida
December 13, 1996
16G2 '
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: : : : : : : : : : : : : : : .......
:::o:::
::::::::::::::::::::::
16G2 '
16G2.
4395
Fla. Irrigation Supply
$50.72 Issued Check In Error 1/30/97
This Check Was Voided On 3/17/97
16G2
29, 1~
Memorandum To:
Anthony Pires, Jr., Esquire
Woodward, Pires & Anderson
801 Laurel Oak Drive, Ste. 640
Naples, FL 33963
Robert Fernandez
County Manager
c/o Collier County Governmental Center
3301 E. Tamiami Trail
Administrative Bldg, Second Floor
Napl~ FL 34~2
Phyllis Jones
Coop~r~ & Lybrand
12800 University Driv~
FL Myers, FL 33907
From: Oary L. Moyer, Manager
Reference: Minutes of Meeting held May 21 1997
Enclosed for your records is a copy of the minutes of the meeting held by the Board
of Supervisors of Pelican March Community D~velopment District as referenced
above.
Ac'rI~:~
IK~O:~
fILE:
GLM/ir
eric.
MINUTES OF MEETING
PELICAN MARSH CO~
DEVELO~ D~CT
The regular meeting of the Board of Supervisors of the Pelican Marsh
Community Development District was held Wednesday, May 21, 1997, at 9:00
A.M., in the Executive Dining Room of First Union National Bank, 5801 Pelican
Bay Boulevard, Naples, Florida.
Present and constituting a quorum were:
John A. Pistor
John Abbott
Carol Girardin
Chairman
Vice Chairman
Supervisor
Also present were:
James P. Ward
Chuck Adams
Butt Saunders
FIRST ORDER OF BUSINESS
Assistant Manager
District Staff
Attorney
Roll CalI
Mr. Pistor called the meeting to order at 9:05 A.M. and stated the record
will reflect that all Board members are present with the exception of Mr. Oates
and Ms. Marnell.
SECOND ORDER OF BUSINEI~ Approval of the Minutes of the April 16,
Mr. Pistor stated that each Board member had received a copy of the
minutes of the April 16, 1997 meeting and requested any additions, corrections or
deletions.
There not being any,
THIRD ORDER OF BUSINESS Consideration of Award of Contract for
Mr. Adams stated included in your agenda package is a memo along with a
couple of tabulation sheets for our annual chemical and fertilizer bids. Staff is
recommending award of the contract to the lowest bidder for each item. I would
like to point out one typo on the tabulation sheet. In the insecticides category,
May 21, 1997
under the fourth chemical down called Oftanol, I boxed underneath Lesco, the bid
of $72.65 per unit. You will notice to the immediate right that Helena has bid a
price of $64.00 per unit. That obviously is the first price that we will go for and I
would recommend award to the lowest bidder for each particular item on this list.
ott
with all in favor the contract for the purchase of
chemicals was awarded to the lowest bidder for each of
the chemicals on the bid tabulation sheet, with the
correction on the bid tabulation sheet showing the
Oftanol chemical being awarded to Helena, being the
~ the amount of $64.00 r unit.
FOURTH ORDER OF BUSINESS
Distribution of Proposed Budget for
Fiscal Year 19~7-9S and Consideration of
Resolution 97-3 Ap .p.r~,ving.the Budget
and Setting the Public Hearing for Your
Mr. Ward stated the Statute relative to the creation of C.D.D.'s. requires me
to submit to you on a yearly basis a Proposed Budget for your next Fiscal Year
prior to June 15, 1997. There are two operative provisions in the Statute, the first
is your approval of the Budget for the purpose of setting a Public Hearing which is
what is scheduled on your agenda today. Secondarily, you will approve the actual
Public Hearing date which is scheduled for August 20th, pursuant to the
Resolution and that is the actual date at which you will adopt the programs
contained in the Proposed Budget along with the proposed assessment rates for
operations and maintenance and the debt service associated with your capital
infrastructure requirements. The approval of Resolution 97-3 which is
recommended for your consideration today, does not bind you to any of the
programs that are contained in the Budget or to any of the assessment rates that
are contemplated as a result of the Budget itself, but merely allows the District to
move forward in its process to adopt the Budget at your August meeting. I had
not planned on going through the Budget with you at this particular time as you
had just received it. I would suggest that you review it over the next month and
we will make a little more detailed presentation to you at your July meeting. It
will be transmitted to the Developer to insure that it conforms with the operating
requirements of the District for Fiscal Year 1998. I will answer any questions you
have in July, make the appropriate changes and be in a position to adopt your
Budget at the your August meeting.
May 21, 1997
Mr. Pistor asked are we having a June meeting?.
Mr. Ward responded yes. We can do it at your June meeting.
Mr. Pistor asked can we discuss it in June and also in July?
Mr. Ward responded yes.
Mr. Adams stated we can also discuss it in August.
Mr. Pistor stated sometimes we have visitors in August and it is easier to
discuss it before then.
Ms. Girardin asked what type of motion do we need?
Mr. Ward responded a motion to approve Resolution 97-3 which by title is 'A
Resolution approving the District's Proposed Budget for Fiscal Year 1997-98 and
setting a Public Hearing thereon pursuant to Florida Law'. The Public Hearing
is scheduled for August 20, 1997 at 9:00 A.M. in the Executive Dining Room of
First Union National Bank, 5801 Pelican Bay Boulevard, Naples, Florida.
On M ott
with all in favor Resolution 97-3 approving the District's
Proposed Budget for Fiscal Year 1997-98 and setting a
Public Hearing thereon pursuant to Florida Law for
August 20, 1997 at 9:00 A.M. in the Executive Dining
Room of First Union National Bank, 5801 Pelican Bay
Mr. Pistor stated we will be able to have discussions at that time and ask
any questions in June and July.
Mr. Ward stated we will schedule it for discussion purposes at your June
meeting.
FIFTH ORDER OF BUSINESS Staff Reports
A. Am~ney
Mr. Saunders stated Mr. Pires is on vacation and wishes everyone well
There not being any, the next item followed.
C. Marmger
There not being any, the next item followed.
SIXTIt ORDER OF BUSINESS Supervisor's Requests and Audience
Comments
There not being any, the next item followed.
3
6G2
May 21, 1997
b~-ArENTH ORDER OF ~ Acceptance Of Financlal Statements and
Approval of Invoioes
Ms. Girardin stated the financial statements were very hard to read. You
need to change the ribbon in your printer.
Mr. Ward stated I will notify our Accounting Department. Ms. Girardin, I
did provide you with a memorandum with respect to your questions on the
Coopers & Lybrand fee for 1997. It came in right at budget.
Ms. Girardin stated there must be something in Audit fees or part of last
year's fees because this shows $12,000 in actual. Is that because there is a carry
over? The reason I asked my question was because we were so far over budget.
Mr. Ward responded it is either a carry over from the prior year or there is
something mis-coded in the Audit fee. I will have a look at that for you.
Mr. Pistor stated my only comment on the financial statements, is that they
are not very clear.
Ja_~m. es P. Ward
A~sistant Secretary
/J~o, 1~. Pistor
r ChJairman
4
Wednesday
May 21, 1997
9:00 ,~M.
1.
2.
3.
4.
16 2
AGENDA
COMMIINII~ DEVELO~ DISTRICT
Executive Dining Room
First Union
5801 Pelican Bay Blvd.
Roll Call
Approval of the Minutes of the April 16, 1997 Meeting
Consideration of Award of Contract for the Purchase of Chemicals
Distribution of Proposed Budget for Fiscal Year 1997-98 and
Consideration of Resolution 97-3 Approving the Budget and Setting the
Public Hearing for Your August Meeting
Staff Roports
A. Attorney
B. Engineer
C. Manager
Supetwisor's Requests and Audience Comments
Acceptance of Financial Statements and Approval of Invoices
Adjournment
Pelican Marsh
Community Dev~lopment D~trict
1
10300 N.W. 11 th Manor~'Coral Springs, Florida 33071+Phone: (954) 753-0380+Fax: (954) 345-1292
6G2
MEMORANDUM
TO:.
FROM:
DATE:
SUBJECT:
Board of Supervisors
Iim Ward
May 16, 1997
Fiscal Ye~ 1996 Audit Fees
In accordance with the Board's request at the last meeting, the Agreement with
Coopers & Lybrand for the Audit Fee was in the amount of $10,000.00 and the
amount paid to Coopers & Lybrand was $10,000.00.
If you have any further questions, please let me know.
Thank you.
J~W/ks
From the desk of_
James P. Ward
AssistJnt Distzt~ Manager
District Offices
10300 N.W. llth Manor
Coral Springs, Florida 3307!
Direct Dial No. (954) 796-6615
Direct Fax No. (954) 345-1292
1 6S2
4613
Island Exl~ess
Sl 35.00 Issued Check In Error 4/22/97
This Check W~s Voided On 5/1 ?/97
16G2 ' '
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oo
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1 6G2 ' ,
Operating Budget
Fiscal Year 1998
plus 4% 0.00408
Total O.10608
compliar~:~ The proced~ ~ ~ ~, ap~, r~ ~ r~
L
~ 4~ 0.~
T~ O~ll~
Tm~l Slz~etlt~)~a~ Ser~kes:.
Aquatic
Fer~llzers, CheaU:ib & He. bJcJdes
tnclude~ the ~ spraying to control such aqmt~c pta~u as ,'-ttaUs, water
hyacinths, braedJetf weeds ~ gram~s.
Aquasoptr~
Rodeo 3 $2,589.(X) S7,800
K-Tea 2g0 $25.60 S~,100
Dtqmt 1 $2,249.70 Sg~X)
Riverchle 20 S6950 Sl/lg0
51~ 2,4-d ~0 ~ Sl~mO
HydroO~ 191 50 $103.95 ~,200
Total: S36,200
The District is estaNishin8 this program for the introduction and replaceme~ of
aqua~ plants in the ware' management system. The main objective of the aquatic
phfl~ if to aid in ~he ru~aovai o~ nutrlenl~ and (xher impurities I~t enter the
wa~er mamgeme~t sysl~m. This will assist the DLstrict in meeting the water
quality stanc[M'ds outlined in the permits.
Page 16
$10~X~O
C)~t:Ln$ Budset
Year 1998
16G2
Page 15
opmans S dS t
Flsca~ Yea~ ~998
$1,365
A
16G2
SS,ILS
A S19.82
Electrk: Service
Purs~ ~o u~ A~r~m~ wt~h ~ Pow~ & Light
the p~ of Flodda Power & U&ht Company's Rat~
Scbeduk SL-1 wtH apply.
Monthly Rate
Eae~ Ch~
A $1.80
Fuel ChsJ Conservation Old Backout Cap. and Env.
Total
$4.41
A I-LP.S.V.
17,500 17S 71
P~e14
1 6{~2 ' ~
Community Development District
Budget
Hscal Year l~J8
Unappropriated Fund
Interest Income & Other Transfers
$164,178
$1,107.,194
Total R~wnu~ $1,384,147
Appropriafion~
De~t~
Prin~pal Debt Re~'eme~
Expense
Total Debt $~rvi~:.
$994,~'~0
Other Fees &
Tax Cotlector
Property Apprats~
Revenue Reeerve
$g.0,980
$10,.384
Total Other 1:,~ & Chars~: $74,197
Total AFpropriations: 51,384,147
Debt Service Fund
! 6G2 ~:
Comm~mt~y Development District
~'mcal Year 1998
Debt Servic~
Principal Retirement - (blay 1, 1998)
L,~ I~'est £~
Totai ln~t ~
$~4,9~
O~r Feu & ~
Tax Collector
Fees are hazed cm FLscal Year 1998 Am~sm~tz m be c~Uected. The Tax Colkctor's
f~ ~ ~o ~) ~t ~~~~
P~ Xpp~
~~(1)~~~~.
~ue ~e
96% ~ ~ ~, w~ ~ ~ ~ ~ ~pa~t ~
$10,384
Toeal O~e~ F~ & Clm~e~:
To~! AFl~priatiom:
Commm~ity Development District
Budget
Fiscal Year 1998
16G2
ifveriue Summm'y:
$1,472,000.00
bltetest Rate:.
U.S. Treasury Notes 5.125% $1,548,000
]qdelity Money Ma.,et 5.10CY'/o $23,289
sl,srl,289
Debt Se~ice AccmmU:
T~e lkmd Resolution authorizL~8 the ~ ~ ~ ~ 1~4
~s ~bl~ f~r (4) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~pt ~ ~ ~ ~ pa~t d ~ ~. ~e foU~g ~ ~e
ac~nu w~ ~ve ~ ~ubl~ pu~t ~ ~e ~ ~e.
DL~:ription
Reverde Fund $8,600
Lflt~Fest .A~cou~t $2~,6~0
Pre-pa~t Account $0
Sinking Fund $4:)
Total: $37,250
$37,7.5O
Community l~el~m~t District
Budget
Fiscal Year 1998
6G2
FYg7 Mar ~1, 97 Thru 9~'~7 1997
V~mct
Favorable
(Unfavorable)
Unappropriated $162,044 SO SO S0 ($167.~344)
Ftmd Batance
Prtndpal $0 SO S7,585 $7,585 $7.585
Prepayments
As~ssme~t ~ $1,0'/3,644 $1,060,017 $155,.M~ $1,215,364 $141,220
In ~eres t tnc~ $78,600 $61,8~3 S16,767 S7B,600 SO
Total Revenue
S'~288 S1~123.,,S.q0 S'J.79~t~9 S3.~,,S49 (S"L~739)
Appropriations:
Debt Service:
Pdndpal
Prepayments $0 $50,(XX)
Prindpal Debt $295,{X}0 $0
tnterest Expen~ $1,019,288 $563,888
~ Financing Sourc~ (1J~es) of Fund~
Op. Tram. In $0
Op. Tram. Out
SS~O S.~O0 (s,55,oom
s2~5,~x~o s295,ooo so
S509~ S~/3~32 (S54,244)
Receipt ~
Bond Procee~ SO $0 S0 $0 $0
Total AppmFriatiom ~FI,314,~8 $~13,~8 ~!0~,f~44 $'1,423,532
Net Income ($121,983)
I~Reservedd Balanc, Septemb,~ 20,1996 Actual) ~
for Debt Service (All Years) $I,4~2,000
Reserved for Debt Service (FY 1999) $484,481
Prindpal Bonds ~ Novembe~ 1, 19~' $0
~terest Due Novembe~ 1, 1998 $484,481
Total: M84,481 .
Unap ro riat~d Fund Balanc~ S ta~bt.r 30, 1996 $1M,17~
Openting ~udl~'t
Year 1998
Fund
16G2
In~ Supply Servg:~
It ts anticipated that the ~ will no locker be involved with the supply of
imga~io~ warn' to t~ Pelican Marsh Community as of the start o~ Fiscal year 1~.
S11..596
Operations
It L~ anticipated that the District will no Iong~ be involved with the supply o~
irrigatic~t water to the Pelican Marsh Community as of the st3:t of l~sc31 year 1998.
Therefore, the D~strict will not have any expenditures for d-ds service.
F~fluent Wat~tr C:ha~e~
DescripOon Ann~al Co,ts
It i~ anticipated that the District will no Ionge~ be involved with the supply of
tm~ation water to the Pdican Marsh Community u of the start c~ FiscaJ year 19~L
Therefore, the Dtstrict will not have any e~pendltures for this service.
NumberDa~'s TotaJGatlons Cost.pe~1000 TotalCost
365 0 S0.13 · $0
Tot.ti Irrtgratton Supply Servkes:
Page 18
F'tscal Year 1998
Unit l~sc~ Total Pdce
Pine Ridge C,,mal 10JXX} ~0.40 $4JX~0.00
Lake I 1~0 ~0.40 S600.00
Lake 2 1,000 S040 $400~0
Lake 3 2,000 ~0.40 SS00.00
take 8 2,0OO ~0.40 SS00.00
~ I1 2.500 ~0.40 SI,000.00
Lake 12 1,1~00 S0.40 $400.00
Lake 13 1,000 SO.,K} $400.00
L,~ke 14 2000 ~.40 S800.00
Total
Miscellaneous
C, al~tal Outlay
The Dismct is estabUshmg this program for the muod~ of aerators into the
Dismc~'s water management sysl~n~ ~ ot~nctive of t~e aerators is to aid in the introduction
of higher levels of oxygen into the la~ system. The higher oxygen levels increase
and n'~nlx~er ~ly re~, red to maintain the lakes free of noxious plants that
aerators be pieced in the entry lake, and various lakes throughout the older single
family neishborhooc~.
Location DescrtLc~tion Unit Cost Quantit~ Total Cost
Lake 4 3/4 h.p.
Lake 5 3/4 h.p. S2,{XX} 2 $4,000
I~ke 14 3/4 h.p. $~.,000 1
fine Ridge Canal 3/4 h.p. $2,1~0 1 $2,000
Tot,d
Fountain
This ite'n covers the maintenance and operation of the e~try feature fountain
by US. 41. The Dtstx~ct handles the rrmJfltemce of this fotmtatn on
an in-house basis. ~ are based on historical costs.
Descd.ption Costs
Electrk~ty
Wate~ Replacement $1,500
Misc. Oper. Sup. $2,S00
Repairs and Ma~e $2,500
Page 17 Tot,d Aqua~lc Maintenance Services:
SlO,O00
Fiscal Year ~998
Tax Collector'
The Tax Coflect~ dmrs~ 3% o~ the foul ~ f~esmm~ coUected~
Tom/Assessme~ $1~00,269
Tix Ccdl~*~cr's Fe~ S39~08
Tc~al As~ssm~ Sl,300,2~9
~e~xtue Raserve: $52011
$52,011
To~ ~ $1~00,269
Fyo~fly A~er's Fe~ S26~X~
Total Other
Total Appropriations: ~1~419~3
Page 19
Community Developmen~ DiStrtc~
Budget
Fiscal Year 1998
1 6G2
Debt Serrice Fund 201
Statement o~~, Ex~mres and ChanSes in Fund Balance
Fat the lrm:zl year ~S Septembor 20,199'7
Actu.d Anticipated Total
Budset Received or Expended H~.~! Year
ibvenue:
Urmppropriated S162,044 $0 S0
Fund Balance
Principal $0 S0 $7,585
Prepayments
Asae~sme~t Levy $1,073,644 $1,060,017 S 155,.347
Int.-est Income $78,600 $61,833 $16,~67
Varianc~
Favorable
(Unfayorable)
SO ($162,044)
$1.215,364 $141,720
Total Revenue $1,.T14,288 $l,12~,,~r*O $'17~,6~ Sl,30'L,S49 C$17~739)
AFptoFtiat~orts:
Debt Service:
Principal
Prepayments $0 $50,{XX}
Principal Debt $295,000 $0
tnterest Exper~ $1.019,288 $563,888
Other F'manctng Sourc~ (Uses) of Funds
Op. Tram. lfl $0
Op. Tram. Out $0 $0
Receipt of
$5,000 $55,000
$295,0OO $295,000 $0
· S509,644 $1,073,532 ($54,244)
Bond Proceecb
Total AFptoFriatiom
Net Income (S121,983)
Fund Balance S~ptembor 30,1996 Actu,d)
Re~etved for Debt Sen, ice (All Years)
Reserved for Debt Service CFY 1999)
Principal Bonds Due Novetr~ 1, 1997
[Att*rest Due Novend~er 1, 1998
Total:
f~184,481
Una to dated Fund Balance S tember 30,1996 S"164,178
Nm)tH, fL ~
16G2
KUCAN W C~NM~T~r
~ IlS~IICT -JMULS
lit 11TN NaNam
SMINGS FI.
J'q~LlSflEO C~: 0~/15
~ ~ACE: &.167 IKH
f~L.fO C~:
Stature of Afflar~
,/
JiepLes ~l~Ly /~evs
16G
C04AL SfNZNOS ~L 330~-6530
County of CoLLier
Afft~t furt~r ~s ~ ~ M~d ~Le~ Daily
~s ts a ~ ~ti~ ~ ~Lfl, tfl
~ttser ~ty, FL~, ~ ~ t~ Mid
~Lt~ tfl ~d ~t~t~ ~?, ftort~, each
mtter at t~ ~t ~ft~ in ~tfl, tn ~td
~xt ~ec~t~ t~ first ~~ o~ t~
.tte~ ~ ~ ~tt~t; ~ efft~t
furt~r ~s t~t ~ ~ ~tt~ ~td ~
PtIOLZSHED C~: 03/26
03/26/9?
19
PersG-mlLy knom by lie , '
.~.;.17 '97 17:6/ F~. DI~TPICT CFFICES ss2
Po 18/I2
16G2
DISTRICT
~EI~VICE$
To:
Date:
Subject
]H:EMORA.NDUM
4/17/97
bidder and this is ~:~ed by the outt~ng m t~ t~e variou~ cateSork~ W~ere there was
v~ w~ was ~ ~ ~ bM~ ~ ~ ~ ~ ~ ~t ~,
;4~ 17 ,c~' t?:G~', lop DtSTPICT CFFICES =2 9':.,.,t ~ I2~2 1'0 ~
Chemical Bid Tabulation Sheet
:JFL ,,.Wd ml,.d
P. It/t2
16~'~
S
S
·
~bid
S 23JS ~ S 1~
S S]~~"'~------~ S SS~O
,,.,, ~::::::~ r~
Chemical Bid Tabulation Sheet
16G2
,~o. ~m,y I0~
xpi. ,,el, rd
IpL $ J4.~S
Mk S %?~j~
~ 'roT~4._ I:~,~. 2,2 ,r,
A RESOLUTION APPROVING THE DISTRICT'S
PROPOf0ED BUDGET FOR FISCAL YEAR 1997-98 AND
SETTING A PUBLIC HEARING THEREON
PURSUANT TO FLORIDA LAW
WHEREAS, the District Manager has heretofore prepared and submitted to
the Board a proposed budget for the forthcoming 1997-98 Fiscal Year, and
WHEREAS, the Board of Supervisors has considered said proposed budget
and desires to set the required public hearing thereon;
NOW, 'IltEREFOHE BE IT ~LVED BY THE BOARD
OF SUPERVISORS OF THE PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICt,
1. The budget In'oposed by the District Manager for Fiscal Year 1997-98 is
hereby approved as the basis for conducting a public hearing to adopt said budget.
2. A public hearing on said approved budget is hereby declared and set for
the following date, hour and place:
Date: August 20, 1997
Hour:. 9:00 A.M.
Place:
Executive Dining Room
First Union National Bank
5801 Pelican Bay Boulevard
Naples, Florida
Notice of this public hearing shall be published in the manner prescribed in
Florida Law.
Adopted this 21st day of May, 1997.
John Pistor, Chairman
Section
Section 3:
Pag~
1 fl*u'u 3
4 thru 19
20 ~ 24
Section 1
General Fund Budget Summary
Cemmmdry D~velol, m~t Dbtdct
Revenm Projections
MiscellaMo~
Developer Advance
l~terest lnc~ne
Assessment Levy
Total R~venue:
Appropd~ions PmJectio~
AdmtnLslz~lion
Pet~ofl~] ~c~
~f~sio~ ~
Audit
Ma~g~t
T~ F~
T~
~1 Adv~
~ls a~ ~
~ura~e
Oper~tin$ Budget
Fiscal Yeaz 1998
G~nsral Fund
F/Y 199'7
fYojected Total Budget
Tlu'u 9/'3G'Y7 tf3Wg'7 F/Y 19~8
S1,379,,354 S565,123.56 S814,230.44 S1,37%354.00 S1,417,293
S1,442,747 S768~84.97 $819/~0.44 S1,588~15.41 $1~119,693
S12~00 S,3~O0.00 S8,400.00 S12~XX)~0 S12~00
~5,0(X} STI&24 $4,281.76 $5,000.00 $5,1300
S20,000 $4~31..'L3 S15,168.67 $20,000.00
S12~}0 $9,450.00 $2,550.00 S12~0~0 S12~:}00
S36~X) S18~:X~0.00 S18~XX).00 S36~0.00 $42~00
SS00 S74.00 $426.00 Sg(X)~0 SS(X)
SI~:XX} S775.24 $224.?6 SI~X)~O Sl~:XX)
MOO S1~2.S~4 SI~X~0.00 $2~,2SJ4 S800
gl/lO0 S671.16 S728.84 S!,400J:X) S1,400
$400 S871.40 S1~00.00 S1,S71.40
S4(X) S175.00 $225.00 $400.00 $400
S7~ $410.00 SI,000.00 S1~10~0 S750
$3,800 $5,267.00 SO.O0 $5,267J~0 $3,800
$2,200 $0.00 $2,200.00 $2,200.00
Toul Admin~ration S128}K50 S55~59 S66~05 S122,664 S127,850
Field Services
Personal Services
General Oves~ead
Rentals & L~ases
Utility Sesvices
Telephone
Postage & Reproduction
Printing & Bin~n~
Office Supplies
Sub~ & Dues
Other Operaeng Supplie~
Insurance
Travel and Pet Diem
$461~583 S160,959.73 $2S0,000.00 $410,959.73 $479,902
$4~r~00 S2,711.62 Sl,888~ $4,60000 SS,000
S1,500 S57~.96 S9(X}.00 S1,475.96 52,000
52,000 S1~.63 S1~X}.00 S3,155.63 S3,700
S0 S0.00 S0.00
Sl,500 SI,OIl-T/ S1,000.00 $2,011__37 S2,000
S500 $22.10 $0.00 $2110 S500
S7~ S0.00 5750.00 S7~.OO
Page I
Section
General Fund Budget
Operatin$ Budget
Year 1998
16G2
Board. Generally, the Doard of ~)ervi~ meet onc~ a month throughout the Ftscal
Year.
Prol~lon~l S4r~:e~
Engineering
Comists of attendance at Kt~eduled meetinSPs of the Board of Su~'s, offetin&
Bids for y~arly cos'~'ac~, operating policy, compILance with tesxdatory petmits, etc..
Requirements ~ ~ ~ a~e estimated at an ~ exl:~'ts~ttu'e of $20,000,
and covet such ite~ a~ atm~lance at ~cheduled meetin8~ of the Board of
Audit and Arbitrage
The District Ls required to armuaJly undertake a~ indel:~ende~t examination of its books,
records and accountin~ procedure. TI~ audit is conduc~ pursuant to State Mw and
the Rules of the Audito~ GeneraL Additionally, thLs item L~ required to prepare Arbitrage
Reabate calculatiom for it~ Bo~d Issue, in accordance wis the Tax Rel~orm Act of 1986.
Audit Fees: $9,000
Atbttra&e Fees:
T~d: S12~00
The District retains the ~ of · comultin8 manaset, who is responsible
the daily administration of the DLst~ct business, Including any and all
financial wo~l~ rdated to the Bond l~unds, General F'tmds and Capital ~
Funds of the Distrtc~, and preparation of the mh~utes of the Board of Supe~ttsor's-
In addition, the DLs~ct Mamget prepatts the Annual Budget(s), impleme~t~ all
Supervisor's. In addition, the District is required to submit periodic relx~m to the
Securities and Exctm~e Commi~ion relative to the issuance of it's Series 199S Bonds.
The amount recommended for FY 1998 is $42t800.
S12~0~
S42,80C
Contingencies
This item covers any unforeseen expen.~,s that would be related to the Professional Services.
Page 4
Operalin$ Budget
~ Y~r ~998
Fund
Trustee
In 1994, the Di~rtct issued Bcmds fo~ the construction of its facilitie~ Pursuant to the
Bond Resolution, a Trustee was ~dected to administer the various accounts
establls/~d pursu~ to the Tru~ lndentu~ An anrmal fee with the Trustee at the
following rares ~ rm:omme~ed to be established-
Series 1994
Tot,d: $4,20O
16G2
Admlalst~afJva S~rvk~:
Germ'al o~x~'ation a.,xJ overhead costs a~ociau~d with the day to day admirdstrative
duties of the ~
Telephone
Postage & Reproduction
Printing & Binding
L~,~
Computer ~
The District maintaim a ser~ral liabili~ policy along with a Public
lt~bllit), policy and f~x rur. g Year 1998, the followir~ premi~ ~re ~micil~ted.
Public OfficiOs Liability:.
C.,es~al Liability:
To~l: S3,~0
To~,d Admiaisgra~tw
S1,0(x
Ssot
s12,o(x
Page 5
Opentting Budset
F'~c~l Year 1998
~ ~md
Miles/Gallon I~Uea$* M~InL/Mile
C.~t
15 6,OOO SO. lO S600
15 6,t~O SO. lO S645
15 7,3,~0 SO. lO S7~
15 10,000 SO. lO SI,~O0
15 10~0 SO.10 SI,aX)
1~ lO,l)O0 SO.lO Sl,~O0
16G2
Sul~couJ S12,4~0
F,u~l & Lubric~
VehicLe Mllff/Gglon Milea e Co~/G~L Cost
P~e9
Operating Budget
Flsc2] Year 1998
rtgh~-of-way~ For budget ~ ordy the SClUa~ forage of the tml:~m~d
Vand~t ~ Rod (Nor~)_
Mulc~
This cat~ory is tnt~'~ded to provide fo~ the tept~ceme~t of pi~est~aw mulch
tn ~11 bed a~a~ within the laf~dscape mainte~ar~ ~4 time~ a year'
~ footage of Unit Units per Unit A~n~l
mulch 15% total ~::we~a · mulcl~n Cost
6G2
Page 11
16G2 ' '
1662
~ 6G2 ''
Port of the Islands
July 23, 1997
Memorandum To:
Clerk of the Circuit Court
cYo Timothy J. Gillett
2671 Airport Road, Court Plaza III
P.O. Box 413016
Naples, HoNda 34112-3016
IICFO: ~
FILE:
STAFF FILl:
Robert Fernandez
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Naples, Florida 33962
David Black
Hoch, Frey & Zugman
4875 North Federal Hwy., 4th Floor
Fort Lauderdale, Florida 33308-4610
Thomas L. Barnard
253 Sunrise Cay
Unit 102
Naples, Florida 34114
Tim Stephens
Port of the Islands C.I.D.
12600 Union Road
Naples, Florida 34114
Reference:
From:
Minutes of Meetings held May 15, 1997
Gary L. Moyer
Manager
Enclosed for your records is a copy of the minutes of meeting held by the Board of
Supervisors of Port of the Islands Community Improvement District as
referenced above.
OLM/ir
6opi.% To:
10300 N,W, 11th Manor · Coral Springs, Florida 33071 · (954) 753-0380 · Fax: ig54) 755-6701
~ OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
1 6G2
The regular meeting oF the Board of Supervisors of the Port of the Islands
Community Improvement District was held Thursday, May 15, 1997 at 4:00 P.M.
at 25000 Tamiami Trail East, Naples, Florida.
Present and constituting a quorum were:
Thomas L. Barnard
Richard Gatti
Bernard Wolsky
Richard Burgeson
Millie Strohm
Chairman
Supervisor
Supervisor
Supervisor
Supervisor
Also present were:
John Petty
Darrin Mossing
Bruce Anderson
Harry Holloman
Tim Stephens
Marlene (Sam) Marchand
Barry Berger
Mrs. Wolsky
Approximately 14 Residents
District Staff
District Staff
Attorney
Engineer
District Staff
R.V. Park Owner
Resident
Resident
~ ORDER OF ~ Ron Call
Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record
will reflect that all Supervisors are present.
SFAU~ND ORDER OF BUSINESS Oath of Office for Millie Strohm
Mr. Mossing being a notary of the State of Florida, administered the Oath of
Office to Ms. Strohm, a copy of which will be made a part of the official record.
Mr. Petty stated I am passing out to you a Financial Statement that you will
need to file within the next 30 days with the Supervisor of Elections in Collier
County and a booklet on the Sunshine Law which gives you recommendations on
how to conduct business of the District. All District business should be discussed
in a public forum and should not be discussed privately between you and another
Supervisor. Should you have a question on how applicable that is, please call our
office or the Attorney for the District, Mr. Anderson before you privately discuss
any District material with another Supervisor.
16G2 '
May 15, 1997
Mr. Barnard stated you need to look no further than the Estero Fire
Commission to understand how serious this can be.
TIHt~ ORDER OF ~ Approval of the Minutes of the April 17,
1997 Meeting
Mr. Barnard stated that each Supervisor had received a copy of the April 17,
1997 minutes and requested any additions, corrections, or deletions.
Mr. Anderson stated my Associate, Mr. Solice had one correction on page
1 I. In the fourth paragraph from the bottom which starts "Mr. Solice stated right
now we have the Final Judgement", at the end of that paragraph it should read
'Ms. Marchand stated it is not on the wrong person".
Mr. Barnard asked is that after the sentence 'we have a judgement lien"?.
Mr. Anderson responded yes.
Mr. Barnard stated I remember hearing that statement.
Ms. Strohm stated I recall putting something in my newsletter referring to
that. I thought that at one of the meetings, the Chairman had stated that the
original lien was on the wrong person.
Mr. Barnard stated unfortunately there were many errors in your
newsletter including the fact that I was a partner of Mr. Chang and Mr. Martello
which is absolutely incorrect. I said that we requested that the District not record
the lien against the wrong person. It was not recorded.
Ms. Strohm stated I thought you said "it was my mistake that the man was
not a partner but he was a Broker". I believe those were your exact words.
Mr. Barnard stated that was in relation to the fact that we had intended to
record the lien against private property that someone owned in Broward County.
The lien is recorded against this property only. We withheld from recording that
lien against Mr. Chang's property because it was determined that he was not a
partner.
2
May 15, 1997
16 £
FOUtL'II:I ORDER OF ~ Distn'bution of Proposed Budget for Road
and Drainage and Water and Sewer and
Consideration of Resolutions 97-2 and 97-
3 Approving the Proposed Budgets and
Setting a Public Hearing
Mr. Petty stated as you will recall, at this time of year we are required to
submit a Preliminary Budget to meet the deadline of submitting to the County 60
days before approval. What you have before you is a Preliminary Budget to start
that process. Mr. Mossing is here from our offices to go over it in a summary
fashion. We will be asking the Board to open this up for public discussion over the
next several months. This is not for final approval of the Budget. This process is
going to take approximately three months from today before a final Budget is
approved by this Board and submitted.
Mr. Mossing stated the Budget is similar in format to previous Budgets that
the Board adopted. I will just go over some of the changes that we believe the
Board will have to deal with. In the General Fund, there are two items that have
changed from the prior year. We have left the landscape maintenance line item
at $72,000. We have a monthly contract with Big Cypress Landscape Company
that is approximately $50,000 a year. We left $22,000 in there as a contingency that
will be used if the Board wants to do additional landscaping throughout the
District.
· Right below that item, we have rentals and leases. The District's lease on
the second truck comes due at the end of September. The buyout on that truck is
$5,500 and we will need to discuss whether the District will purchase the truck as
the mileage is at 72,000. Handing in the lease may not be the best option but the
Board needs to discuss that and whether we will purchase, finance or lease an
additional truck. The first truck is very old as it has 160,000 miles and I do not
know how much longer that is going to last. At the bottom of the General Fund,
the per unit assessment was reduced by $3 per unit.
Mr. Baruard stated I note that you have increased the Budget for mosquito
control. It has been quite a year for mosquitoes. So basically your General Fund
Budget is very much in line with the past year. It actually went down a dollar or
two.
Mr. Mossing stated that is correct. On page 10 is the District's Debt Service
Budget which is pretty much the same in terms of the prior year's. On page 11 is
the District's Water and Sewer Fund Budget. That Budget is pretty much in the
same format in terms of numbers. As we bring more users to the system, our
May 15, 1997
]6G2
revenues are increasing. We have increased operating supplies from the prior
year which is based upon current expenditures.
Mr. Barnard stated I see that you are projecting a $93,000 profit for the
current Fiscal Year.
Mr. Mossing stated keep in mind that is on a revenue basis, not necessarily
a cash flow basis. For budgeting purposes, that includes the $75,000 renewal
replacement line item. In comparing the budgeted income to the actual projected
income, this is assuming that we are going to fund the renewal replacement.
Mr. Barnard stated that is good news.
Mr. Mossing stated in terms of cash flow, the District is doing much better
than we did in the prior year.
Mr. Barnard stated as you presented it, it actually calls for a decrease in the
annual maintenance.
Mr. Mossing stated this just starts the 60 day process for adoption. I did not
bring enough copies of the Budget to pass out to the residents, but I will provide
extra copies to Mr. Stephens.
Mr. Barnard stated we just need more time to digest this.
Mr. Gatti asked do we have any reserves?
Mr. Petty responded only on a line item basis, for example, the landscape
maintenance. There is a replacement portion in that $72,000 line item. There are
contingencies in street lighting and some of the other areas, but not specifically a
reserve for maintaining the roads and drainage replacement. We have not put a
life expectancy on those but there are two considerations. One is that we can build
up a reserve and pay for it as we go and the other is that at the time of
replacement, we would go out and get funding.
Mr. Barnard stated on the Water and Sewer Fund, we basically need the
reserves more so than perhaps other areas because for renewal and replacement,
you are projecting that we have $75,000 budgeted but not being funded. Mr. Petty stated we are projecting that we will get that $75,000.
Mr. Barnard stated if your numbers are in line and we have a $92,000
surplus, certainly $75,000 of that could go to fund renewal and replacement. Is
that correct?
Mr. Mossing responded we currently have about $300,000 in the Water and
Sewer Fund. Not all of that amount is totally reserves because we had to meet
payrolls, etc.
May 15, 1997
1682
Mr. Barnard stated I understand that you cannot turn around and fund it
today. Theoretically by September 30th, there is a good potential that we could
establish a reserve fund. It looks like barring anything unforeseen, the Budget for
next year will stay in the same line. I think that is good news.
Mr. Mossing stated it will also address the reserve on the General Fund.
When the property goes to taxes this year, we get that money. That is a
substantial part of the General Fund Budget. It is tough at this point to calculate
the reserve until we are guaranteed that we get that check from the County Tax
Collector. If and when we get that check which is usually in July, the General
Fund will have substantial reserves.
Mr. Petty stated on the two items in the General Fund that Mr. Mossing
talked about which are new, for the $72,000 for landscape maintenance, staff
would recommend that the Board to keep that on. For the vehicles, we would
recommend to the Board that we purchase the vehicle under lease right now. Our
original vehicle which we purchased in 1991 has 160,000 miles on it and we are
recommending that, that be put up as surplus equipment for the next Fiscal
Year. We also recommend that, that be purchased from excess funding coming
in from the tax sale to the General Fund for the next Fiscal Year.
Mr. Barnard asked are you putting up vehicle No. I which has 160,000
miles as surplus equipment?
Mr. Petty responded yes.
Mr. Barnard asked are you recommending that the replacement be
purchased from the excess funds?
Mr. Petty responded we are recommending that the second truck we
currently have be purchased off of the lease program. The buyout is
approximately $5,500. The new truck will replace the one that we would be selling
as surplus. It would be a purchase that we would do from excess funds from the
tax sale of this year that we would expend next Fiscal Year in the General Fund.
Every year we tend to get some extra monies put in there.
Mr. Barnard stated I see that we have for the Board's consideration
Resolutions 97-2 and 97-3 approving the Proposed Budgets and setting a Public
Hearing. When we approve the Proposed Budget, are we approving the final
form?
Mr. Petty responded this is approving the format for distribution to local
governments and for public discussion. Resolution 97-2 by title is 'a Resolution
approving the District's proposed Read and Drainage Budget for Fiscal Year 1997-
16G
May 15, 199'/
98 and setting a Public Hearing thereon pursuant to Florida Law'. We would ask
the Board consider the two Resolutions before you one at a time.
Mr. Gatti asked do we still have an opportunity to increase or decrease the
Budget?
Mr. Petty responded you have approximately two or three more meetings to
do so, one of which will be a set Public Hearing. This is very preliminary. It will
not be completed in less than 60 days. You have until the last meeting date to
make adjustments.
y Mr. Gatti
with all in favor Resolution 97-2 approving the District's
proposed Read and Drainage Budget for Fiscal Year
1997-98 and setting a Public Hearing for July 17, 1997 at
4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida
Mr. Petty stated at this time, I would like the Board to consider Resolution
97-3 which by title is 'A Resolution approving the District's Proposed Water and
Sewer Budget for Fiscal Year 1997-98 and setting a Public Hearing thereon
pursuant to Florida Law'.
On MOTION by Mr. Gatti seconded by Mr. Wolsky with
all in favor Resolution 97-3 approving the District's
proposed Water and Sewer Budget for Fiscal Year 1997-
98 and setting a Public Hearing for July 17, 1997 at 4:00
P.M. at 25000 Tamiami Trail East, Naples, Florida was
FIFTH ORDER OF BUSINESS Staff Reports
A. AUerm~
Mr. Anderson stated pursuant to the Board's direction at the last meeting,
we prepared a draft of a Satisfaction of Judgement in connection with the current
closing on the Sunshine State Resort property. We received a letter from the
Attorney for Sunshine State Resort approving the form. Prior to the time that we
could execute this, we will need to have the Attorney for the purchaser provide us
with an Agreement that will guarantee the District that once this closing occurs,
a new lien will be placed on the property and other terms will be discussed. I
would prefer to bring that Agreement to the Board and have it approved.
Mr. Barnard stated we have time. I had assumed that it would be
promulgated by staff and given to the Attorney to review. I guess the best way to
May 15, 1997
1 6G2 ':
get it in the language you want is to be the draftor rather than the draftee. Either
way is fine. If you would like, I will direct Mr. Salvatore to go ahead and draft a
form of a lien which will be brought before the Board for approval. Just to give you
a quick update on where that is, the purchaser is still in an investigation period
trying to determine whether or not there is anyone else who has filed liens against
the property. We know of the tax liens and utility lien but we do not know what
else is there. That title report has been ordered and once that happens, the time
frame for those investigations is May 30th and the closing date is June 30th.
Barring anything out there that has not been disclosed by the seller, we would
anticipate that, that property will transfer on or about June 30th. We would need
to approve the form of the new lien to be recorded simultaneous with that closing.
Mr. Holloman stated on the road repair, Better Roads has not been getting
back with me and I would like to see if I can get Mr. Burgeson to help me to see if
we can get them to FLX the potholes.
Mr. Burgeson asked which road?
Mr. Bernard responded Winward Cay.
Mr. Holloman stated I met with them and they said they were going to take
care of it I have called them about 20 times now. We have submitted the dredge
and fill permit to fill in our depression between the wetland and the canal so that
we can permit the Wastewater Treatment Plant. They require a lot of testing and
expense and we should have that in the next two weeks. Once we receive that, we
will meet with Mr. Petty on getting somebody to do it because it is not a lot of work.
Mr. Burgeson asked what kind of fill do you need?
Mr. Holloman responded we can dig it off some of the berms. It can be six
feet in diameter and six inches deep. They have identified that as a wetland.
I would like to let the Board know that this will probably be my last meeting
as I am leaving Hole, Montes & Associates. I have been serving down here
almost since the Beard started. I have decided to leave Hole, Montes & Associates
and go into the ministry.
Mr. Barnard stated I would like to personally express to Mr. Holloman the
thanks of the Beard having been also involved since the beginning. Mr. Holloman
is an invaluable resource and we will hate to see him go. Mr. Holloman has done
a wonderful job for this District and for this Board and I cannot tell you how much
help he has been to me over the years. It is with great personal regret that I see
him leave.
May tS, 1 6 G
Co Manager
Mr. Petty stated later on in the agenda we have approval of invoices and
there are a couple of voids which we will point out to you. Basically they were for
the generator and the Electrician. We are going to ask that you not approve those
checks because they are going to come out of the Construction Fund. We are just
making you aware that we are doing that. We have a Requisition here for Mr.
Holloman to take a look at in that regard and will be sending another one to him
for the second purchase. We received from the Attorney the contract for Big
Cypress to do that North Entry which I need the Chairman to sign. Immediately
thereafter, we will ask the Contractor to start the work. He has been notified that
he was the apparent low bidder and was awarded the contract by the Board. We
expect him to ~tart very soon.
Mr. Barnard stated I would like to advise the Board that Ms. Marehand has
requested that the Contractor take some of the rock and put them on her property.
The Contractor has to break them up and haul them out of there. I did not have
any objection but I would like to make sure that everyone understands and no one
has any objections. We do not have to do anything. I just wanted to bring it to
your attention. It actually saves the Contractor money because he would have to
haul it to Naples or to a landfill.
Mr. Petty stated we would consider it a benefit to the Contractor because it is
spoil material.
SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience
Comments
Mr. Barnard asked Mr. Burgeson, did you have something you wanted to
bring up?
Mr. Burgeson responded I have received some comments from the
residents regarding the mosquitoes. We have come up an idea and wanted to
know the cost of leasing a golf cart utility vehicle and mount the equipment on it.
We would also like to know what the cost would be to spray twice a day and
depending on the chemicals that are used, you can go in front and down the
streets and do a better job of trying to control the mosquitoes. If it exceeds the
Budget, maybe the Developer could offer to put in a percent of the special
assessment, the hotel putting in a special assessment and the homeowners
putting in a special assessment and see if we can get better control.
Mr. Barnard stated the hotel currently has its own spray program,
although I believe we do spray around the roadway at the hotel. They have a hand
May 15, 1997
1 6G2
logger where they spray around the bushes which is where the worst problems
are. The golf cart idea would allow you to get in places where obviously the truck
cannot go. You would be able to go behind some of the units where the
landscaping is and do a better job. The question that we as a Board would have to
address is if you are going to go behind the houses or behind the condos? Right
now we are charging people who are not here for mosquito control. At the point
that we actually spray around individual houses, you may have an equity issue to
address. We might have to do some sort of a straw vote of people that actually live
here and actually benefit from that service and see if maybe there is a way we can
enhance the Budget by an assessment.
Mr. Gatti asked are the labor costs £~xed?
Mr. Barnard responded no because at the present time we have absorbed
the labor cost. Am I correct?
Mr. Petty responded we are pushing the two people that we have.
Mr. Gatti responded in that sense there are no labor costs.
Mr. Petty stated right now we are not incurring any.
Mr. Gatti asked what are the material costs?
Mr. Petty responded about $5,000 or $6,000 a year just for chemicals.
Mr. Barnard stated we have a Budget of $10,000 for the coming year. We
basically doubled what we had last year.
Mr. Petty stated we had a chemical Budget of $5,000 and a repair and
maintenance Budget last year of $2,500. This year we are looking at jacking it up
to $10,000 which basically gives you another $2,500 to $3,000 worth of chemicals.
You always have the repair and maintenance line item for your equipment.
Mr. Barnard stated we hope that this is an aberration. Some of the
residents have lived here as long as I have, since 1971 and this is'probably the
worst that I have ever seen it. It is worse at Marco Island and Isles of Capri and
anyplace where you are around the mangroves. This could be a one shot deal or a
portent of things to come.
Mr. C}ntti stated conceptually I think it is a good idea. I think we want to
take a harder look at setting up a special assessment for $5,000. That is why I
asked about the dollars.
Mr. Barnard stated I was thinking in terms of a Budget that would be
$25,000 to $30,000. Obviously you are talking about a full-time person and another
staff person driving the golf cart. Maybe we would be able to work out an hourly
deal with somebody who is already here who would get licensed.
9
16G?
May 15, 199/
Mr. Stephens stated Everglades City has a full-time person and they spray
twice a day.
Mr. Barnard stated I would be interested in seeing what their Budget is for
that. I would imagine it is probably $25,000 to $30,000 which gets out of the realm
of where we are looking. I think it is a great idea. The problem that we have is
that the majority of the mosquito problems occur when a minimum number of
residents are here.
A resident asked when the houses were just starting in Port of the Islands,
didn't they used to charge us $25 a month to spray around the house?
Mr. Barnard responded I think you are right but at that time we had hand
foggers and landscaping staff. We had a staff of eight or nine people and there
were only 10 or 12 houses.
The resident stated they came every morning and sprayed.
Mr. Barnard stated that was probably costing the Developer another $50 a
month.
A resident stated that would be something to look into. If you want your
house sprayed, you would pay for it.
Mr. Barnard stated that is an idea.
A resident asked how about the Collier County Mosquito Control?
Mr. Barnard responded they will not talk to us. On numerous occasions
they were too far away and they cannot aerial spray because of the restrictions
that we have on the surrounding waters. We are in extremely sensitive
environmental territory. Is the restriction within 100 feet of the water? Mr. Stephens responded yes.
Mr. Barnard stated with the exception of hand fogging, you are almost
precluded from spraying behind the condominiums. You are too close to the
water because you are 25 feet a away.
Mr. Gatti stated I think it is a good idea. We should try and pursue it.
Mr. Barnard stated I agree. This year has been horrendous. I think
conceptually it is a good idea.
Mr. Gatti stated lets see if can establish some costs and put together some
type of a program and see where it takes us.
Mr. Barnard stated Mr. Stephens, you might see what Everglades City
spends. They have a lot more acreage.
Mr. Stephens stated I can check and see what they spend. I do about 11 to
12 sprayings which cost about $1,660 in chemicals.
16G2 '
May 15, 199'7
Mr. Barnard stated that is just the main roads.
Mr. Stephens stated the mosquitoes have not been bad the last couple of days
because I have sprayed for four days in a row. If you go behind the plants in other
areas around here, they are terrible. The chemicals are working.
Mr. Barnard stated what happens is you get a wind shift and all of a
sudden the wind comes out of a different direction and it brings the mosquitoes.
You kill them down but it is a never ending battle.
A resident asked do we have to be licensed to use a logger?
Mr. Stephens responded yes.
Mr. Petty stated the application has to be controlled by a licensed applicator.
Mr. Barnard stated but it does not have to be performed by a licensed
applicator.
Mr. Petty stated in other words, Mr. Stephens could have staff that did not
have a license as long as they were spraying under his control and he would be
held responsible for their application. He is the one that has to set the rates.
Ms. Marchand stated he has also had an advantage because the winds have
been very quiet for the last two days.
Mr. Petty stated I think staff can put together a small line item to look at for
next month's meeting. This is an appropriate thing to look at during the Budget
process. If I understand the Supervisors correctly, we are looking for a program
that would get more penetration into the interior using smaller vehicles like a
mule or a golf cart. We can certainly put that together. We can also look at some
alternative ways to fund that.
Ms. Marchand stated the people who are around the most are ourselves
and people coming into the hotels and marina on the weekends and sometimes
they do not spray on the weekends. I think you might want to look at things like
that.
Mr. Barnard stated it certainly may require that we do some staffing
considerations. Maybe we can hire someone part-time.
Mr. Petty stated I think we can put together something for the Board.
A resident asked can you look into finding out how Monroe County got their
permits to do their spraying in the Florida Keys? That is all open water.
Mr. Barnard responded I do not know. All I can tell you is that we have a
Development Order that was approved by the State of Florida in 1983 and it
specifically prohibits aerial spraying. We would have to go back to the
11
Department of Community Affairs and petition to have that Development Order
set aside.
Ms. Marchand stated we have to be five miles away from State wildlife land
which we are not.
Mr. Barnard stated we are right next door and we chose to be here. In good
years it is not bad at all. The last six or seven years it has been no different than it
is in Naples or Miami but this year was worse.
I have an issue to discuss of a personal nature. In 1971, this development
built for the State of Florida two bridges which then became the property of the
State of Florida. At the time that they built those bridges, the water line which
serves this community was suspended from the bridge and along the District's
water line was a Cablevision cable that carried Cablevision from the antenna
where all the equipment is down across the highway and across to serve the hotel
and all of the surrounding areas. Since 1971, that line has deteriorated and
causes among other things, a weak picture at the hotel. It gets better as you get
over to a large amplifier across the entry road so that the houses and
condominiums do not suffer the same fate that the hotel does. In the near future,
the Cablevision company is going to have to make a major investment and replace
that cable. Understanding that approval of the District to move its facilities or to
carry a piece of cable along District land would not imply or include any approval
by DOT to do the same. It would at least give me a standing of some sort to face
the DOT as they have threatened in the past to cut my lines off the bridge. Mr. Gatti asked do you need the Board's approval to support that?
Mr. Barnard responded I would need some sort of authorization to get the
DOT to carry the cable on the District's property.
Mr. Gatti stated you would need an easement.
Mr. Petty stated the Board in the past had given permission for that cable to
sit on top of our line. That is part of the reason why it sits there now. Mr. Barnard stated I did not know that.
Mr. Petty stated the Board had given that conceptual approval and I think
we are just looking to continue that if you are looking to put in a new line.
Mr. Barnard stated I want to continue it and include some language to
repair or replace that cable line. I would at least would have the position that I
am on the Districts water line and [ am there with their approval.
16G2
May 15, 1997
Mr. Gatti asked is there anything that we can do about the fishing and
debris by the weir?.
Mr. Barnard responded I look at it every day. We have signs posted and any
citizen can call the Sheriff. Aside from having our own police force, what is even
going to be more difficult is this property that we are talking about on the North
side of the road, has a 25 to 30 year history of people being able to get back there. If
that property becomes developed, certainly the owners of units in that area are not
going to appreciate it becoming a general fishing ground and it is going be very
difficult to control.
Mr. Gatti asked is that "adopt a road" program still functioning?
Mr. Barnard responded since Betty left, I do not think so. The sign is still
there and certainly we can re-institute where the DOT provides you with the bags
and the gloves.
Ms. Marchand stated she cleaned up every day and they would have big
bags of garbage there and the next day it would be just as bad.
Mr. Gatti stated it is going to be up to us to keep it clean.
Ms. Strohrn asked can it be fenced?
Mr. Barnard responded it can.
Mr. Burgeson stated we put a fence by the weir.
Mr. Barnard stated and they went right through it.
A resident stated when I lived in the Florida Keys, people were taking their
boats and putting it in the water where they were not supposed to on private
property and breaking down the fences. We got a couple of truckloads of
refrigerator size rocks and just dumped it where they were putting their boats in
and where they were fishing and it stopped them.
Ms. Marchand stated another thing we can do is put in a berm and narrow
that entrance.
Mr. Barnard stated we have previously fenced along U.S. 41 and they used
to go in the entrance and just drive out through the field. Some day it is going to
be developed and there are going to be roads in there and people living there. I
hope that will stop them but I think it is going to be an ongoing problem even then.
You have people with a 25 year history of going in there and fishing.
16G2 ,
May 15, 1997
Mr. Gatti stated we kicked somebody off our comer not too long ago.
Mr. Barnard stated as I left to go to this meeting, I saw somebody out back
using a cast net and catching fish and I asked him to move behind where he was
working instead of where people are living. It is a constant problem. You are
correct in that you can post signs and if it becomes a problem, what you end up
doing is going out there personally and asking them to leave as I have done.
Ms. Wo]sky stated when they re-paved in front of the bridge going East, they
went from two lanes to one lane and it makes it very difficult to drive there. You
are going to take your life in your hands. Was that done by the State?
Mr. Barnard responded yes. What I have found is just to stay to the right
where the merge lane is if you are going to turn right. You are better off than
merging in and then trying to get back over. You will get killed.
Ms. Wolsky asked what happens if there is a County policeman there? That
is very dangerous.
Mr. Barnard responded I do not know how we can control the State of
Florida. A Traffic Engineer came up with a new plan.
Mr. Berger stated I am seeing garbage on my lawn from the construction
site. It is an ongoing problem. How can you help?
Mr. Burgeson responded we try as best we can to keep it picked up, even
with the winds that we have had out here. I put extra funds in the Budget for
cleaning.
Mr. Berger stated no one has come on my property and picked up any
garbage. Every time my wife comes home, she picks up all the garbage on the
lawn. They do not look at my property before they leave for the day.
Mr. Burgeson stated I will speak to them.
SEVENTH ORDER OF BUSINEI~ Approval of Invoices
Mr. Petty stated we are approving all the invoices with the exception of two.
One of them is to Madison Electric Company in the amount of $9,040.
Mr. Barnard asked is that the switching equipment?
Mr.
Stephens,
Mr.
Mr.
Mr.
Petty responded it was the electric for that switching equipment. Mr.
what was the name of the company that you got the switch gear from?
Stephens responded Zenith Controls, Inc.
Bamard asked is that project completed?
Stephens responded everything is fine.
14
16G2
1997
Mr. Bamard asked when you have a power loss at the feeder plants are both
plants operational?
Mr. Stephens responded yes.
· attisec~ e y r. oskywit
all in favor the C, eneral Fund invoices dated May 3, May
6 and May 7, 1997 and Water and Sewer invoices dated
May, 3, May 6 and May 7, 1997 were approved with the
exception of an invoice to Madison Electric Company in
he lun~ ~$t 9040~d W Ze~th Controls Inc.
· '~ng was a~o~~ at 5:15 P.M.
Chairman
1 6G2
Thursday
4:00 P.M.
1.
2.
3.
4.
AGENDA
COMMI. INi'I~ IMPROVEMENT DISTRICT
2~000 Tamiami Trail East
Naples, Florida
EoI1 can
Oath of Office for Minie Strohm
Approval ofthe Minutes of the April 17, 1997 Meeting
Distribution of Proposed Budget for Road and Drainage and
Water and Sewer and Consideration of'Resolutions 97-2 and 97-
3 Approving the Proposed Budgets and Setting a Public
Hearing
Staff~
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Approval of Invoices
Adjournment
mmmmqmLes, ff. 33940
C~L SPtZ~GS fL 33071
dl~ d P~lrtfl LII Ir Cmumlmk Ibld.
~/1~1 mmf Il Emmm ~ mm ff
m m k m mmm mm~ mm tm
msmmmmmm m ~mmmmm m if'me fm·.
1 6G2 ' '
Oath of Office
I, Millie K. Strohm, a resident of the State of Florida and citizen of the
United States of America, and being a Supervisor of the Port of the Island
Community Improvement District and a recipient of public funds on behalt~ of the
District, do hereby solemnly swear or affirm that I will support the Constitution of
the United States and of the State of Florida, and will faithfully, honestly and
impartially discharge the duties devolving upon me in the office of Supervisor of
the Port of the Island Community Improvement District, Collier County, Florida.
16G2 '
HE~LIYrION
A RESOLUTION APPROVING THE DISTRICT'S
PROPOSED ROAD AND DRAINAGE BUDGET FOR
FISCAL YEAR 199'7-98 AND SETTING A PUBLIC
HEARING THEI~ON PURSUANT TO FLORIDA LAW
WHEREAS, the Distrlcl Manager has heretofore prepared and submitted to
th~ Board a proposed road and drainage budget for the forthcoming 1997-98 Fiscal
Year;, and
WHE~AS, the Board of' Supervisors has considered said proposed budget
and desires to set the required public hearing thereon;
OF 8LrPERVISORS OF THE PORT OF THE ISIANDS
COMMUNrrY ~ DISTRICT;,
1. The road and drainage budget proposed by the District Manager for
Fiscal Year 1997-98 is hereby approved as the basis for conducting a public
hearing to adopt said budget.
2. A public hearing on said approved budget is hereby declared and set for
the following date, hour and place:
Date: July 17, 1997
Hour:. 4:00 P.M.
Place:
25000 Tamiami Trail East
Naples, Florida
Notice of this public hearing shall be published in the manner prescribed in
Florida Law.
Adopted this 15th day of May, 1997.
Chairman
16G2
A RESOLUTION APPROVING THE DISTRICT'S
PROPOSED WATER AND SEWER BUDGET FOR
FISCAL YEAR 1997-98 AND SETTING A PUBLIC
~O THEREON ~ANT TO FLORIDA LAW
WHEREAS, the District Mana~r has heretofore prepared and submitted to
the Board a proposed water and ~ewer budget for the forthcoming 1997-98 Fiscal
Year, and
WHEREAS, the Board of Supervisors has considered said proposed budget
and desires to set the required public hearing thereon;
NOW, 'IltEREFOR~ ~ IT RIilBOLVED BY THE BOARD
OF SU~Ei~'ISORS OF THE PORT OF THE IS/ANDS
co~ n41zROVE~rr DISTRICT;,
1. The water and sewer budget proposed by the District Manager for Fiscal
Year 1997-98 is hereby approved as the basis for conducting a public hearing to
adopt said budget.
2. A public hearing on said approved budget is hereby declared and set for
the following date, hour and place:
Date: July 17, 1997
Hour:. 4:00 P.M.
Place: 25000 Tamiami Trail East
Naples, Florida
Notice of this public hearing shall be published in the manner prescribed in
Florida Law.
,,' Th6mas L. Barnard
Chairman
16G2 '"
Port of the Islands
Commani~y Improvemen~ District
Proposed Budget
Fiscal Year 1997/98
May 1~, 1997
16G~
i
I
1
I
General Fund Budget
Debt Service Fund Budget
Water & Sewer Fund Budget
Page 1-9
Pag~ 10
Page 11-19
PORT OF THE ISLANDS
GENERAL FUND
Propcmed Budget
Fica! Ytqtr 19~/98
16G2
DESCRIF~ON
ADOPTED PROJECTED TOTAL PROPOSED
~'DGE'I' ACTUAL NI~XT PROJECTED · BUDGET
F/Y 1~/97 THRU 4130197 5 MONTHS 9/30/97 F/Y 1997/9~
INTEREST INCOME
MAINT, ASSESSME,'~'S
TOTAL REVENUES
ATTORNEY
ENGINEER~G
ACCC:KFHTING
ANNUAL AUDIT
RECORDi~fG SECRETARY
MANAGER
COMPUTER TIME
TRUS'r~
ARBITRAGE REBATE
TAX COLLECTOR
TRAVEL & PER DiEM
TELEPHONE
POSTAGE
RENTAr-~ & LEASES
PRIN'fI~G & BIND~G
LEGAL ADVERTISING
~ CURRENT CHARGES
OFFICE SUPPt4~
ASSESSMENT ROLL
CAPITAL OUTLAY
S2~17.2~ SI J~)01D0 ~.~ 17.~.~ ~
S7~,229..~7 SI.,',%.995.43 S236,228.00 ~z32,743
~1,746.8~ ~157,998.43 $2.39,745,25
S35,328.32 S21,107.50 S~,435.82
SALARIES/WAGES
FICA TAXES
$22.f~1.61 S16,144.01 $38,745.62
Sl,733.~ $1,23~.20
Pa~!
PORT OF THE ISLANDS
GENERAL FUND
Proposed Budge~
~:al Year 1997/98
16G2
ID ADOPTED PROJECTED TOTAL PROPOSED
8[~q3GE'T ACTUAL NEXT PROj'ECrED ~ BUDGET
ESGRIPTION " FlY 199619'7 THRU 4/30/97 ~ MONTHS 9/30/97 F/Y 1997/9~
[TOTAL FIELD S176,596~0 $69,116~5 S100,{06J2 5169,223.07 Sl~'~-~
[ TOTAL EXPENDITURES
~(LOSS) $0,00 (,22,697.75) S36,784.t2 S,4,086~7 S0
{ FISCAL FLSCAL FISCAL FISCAL]
DESCI~PTiON YEAR 1994/95 YEAR ,995/96 YEAR ,996/~7 yF. AR ,997/98
NL~ ASSESSME~ S161,700- SI9S,383 $236,22S S232,743
^DO:. mscoums ,. CO~.L · ~. s;o,m s; z~ sg~o sg,~
ASSESSABLE UNITS
~S PER UNIT
SI6Z.00 S199.48 5232.58 S229.15 ]
PORT OF THE ISLANDS
C, ene~l Fu~d Budge~
Rscai Year 1997-98
The District wiU levy a non-~l valorum assessment on all taxable property
within the Port of the Islands Community Improvement District in order
to pay operating and maintenance expenses inairred during the fiscal year.
During the Fiscal Year the District should have an average balance of
S60,000 invested at · 5%.
$~2,7~
The Florida Statutes, aUows each supervisor to be paid S200 pet meetin&
for the time devoted to District business and board meetings. The amount
for the Fiscal Year is based on 5 supervisors and 12 monthly meetings.
The fees will be split with the Water & Sewer Fund.
The District's attorney will be providing general legal services to the
District, i.e., attendance and preparation for monthly meetings, reviewing
contracts, agreements, resolutions,etc. The amount is based on prior years
cost.
The District's engineer will be providing general er~gineer~g services to
the District, i.e., attendance and preparation for monthly meetings,
reviewing invoices, and various projects assigned as directed by the Board
of Supervisors.
S8,000
$12,000
Page 3
PORT OF THE ISLANDS
o o
General Fund Budget
!
I
I
The District has contracted with Gary L. Moyer, P.A. to provide
Management, Accounting and Recording Secretary Services for the
District. The services include, but not limited to, recording and
transcription of board meetings, administrative services, budget
preparation, all financial rel~rtin~ annual audit~, etc..The fees are as
follows:
Management
Accounting
Recording Secretary
ST,87S/per year
S3,647/per year
$2,315/per year
The District is requited to annually have its financial records audited by an
independent Certified Public Accounting Firm. The fee the fiscal year is
based on prior years cost.
The District processes aH of its ftna.qctal activities, I.e. accounts payable,
financial statements, payroll, etc. on a main frame computer owned by
Gary L. Moyer, P.A. Computer time ts billed at $70 per/hour not to exceed
$1,000 for the ~cal year in accorda.ru:e with the management contract for
the same. The computer time charge will be split with the Water & Sewer
Fund.
The District issued Series 1990, Special Assessment Bonds that are
deposited with a Trustee at First Union National Bank. The annual
trustee fee is based on prior years cost and will be split with the Water &
Sewer Fund.
The District has contracted with'Deloitte & To'~che, independent certified
public accountants, to annually calculate the District's Arbitrage Rebate
Liability on the Serie~ 1990, Special Assessment Bonds. The amotmt is
based on the current contract and wLU be split with the Water & Sewer
Fund.
The Collier County Tax Collector charges 1.5% for the collection of the
District's operating and maintenance assessment.
Page 4
SL3~37
~,,700
$50O
PORT OF THE ISLANDS
G~eral Fund Budget
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Represents cost incurred by District superviors or employees for travel
related expenditures.
Telephone and fax machine, amotmt based on prior years cost and will be
split with the Water at Sewer Fund.
Mailing of Board Meeting Agenda's, checks for vendors, overnight
deliveries and any other required correspondence. Amount is based on
prior years cost and will be split with the Water & Sewer Fund.
The District's adminis~ative offices are located at Coral Springs
Improvement District which bills the District $200 per month. This
amount will be split with the Water & Sewer Fund.
The District currently has its Insurance Policy with the Florida League of
Cities, Inc. The Florida League of Cities, ln~. specializes in providing
Lrtsu~ance coverage for Governmental Agencies. The foUowing amounts
are based on prior years cost:
~tion ~d Water & Sewer Total-~
General Liability $2,552 $2,552 $S,104
Automobile Liability S851 fdLS1 $1,702
Property $0 $4,409 $4,40~
Boiler & Machinery $0 $2,147 S2,147
Treasurers Bond $282 $282 S564
sa.6ss s 0.m s 4.0 l
Printing and binding agenda packages for board meetings, printing of
computerized checks, correspondence, stationary, envelopes etc.
Pages
S500
$100
SLSO0
Sl~.O0
S3,685
PORT OF THE ISLANDS
G~meral Fund Buclge~
Advertising of monthly board meetings, public hearings, and any other
legal advertising t~t may be required.
Bank charges and any other miscellaneou~ charges that the District may
incur.
Any supplie~ that may need to be purchased during the FLKal Year, i.e.,
paper, minute books, file foklers, labels, paper clip~, etc.
The District ts required to pay an annual fee to the Department of
Community AffaL,-s for S17S. This i~ the only anticipated expenditure for
this category.
.'~e District will be billed an~uatly for admi~trating of the Serie~ 1990,
Special Assessment Boncls and calculating and levying the annual
operating & maintenance and debt service asse~ment.
The Di~ct may purchase a file cabinet or any other small capital item.
$.5OO
$2.f0
Page6
1 6G2
PORT OF THE ISLANDS
· ·
General Fund Budget
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The District c~ently ha~ two ~ time employee~ who are licensed Water
& Sewer PLmt Oper~ton. These employm ate re,potable for all road and
drainage operation.s, mo,~cluito control and operating and maintaining the
District's Water & Sewer Plant. The amount for ~alaries aL~o includes a
part time/overtime pool which L~ anticipated ba~ed on future activity.
The following are the pro~ected payroll expense for the fiscal year which
will be split with the Water & Sewer Futld:
Salaries $70,000
Part tLme/Overtime $10,000
FICA Taxes · 7.6.5% ~
Total ~
Health insurance benefi~ will be pooled with other spec~l purpo~ taxing
districts in the state to receive better rates based on a larger group. The
amount is based on prior 7,ear~ cost.
The District will contribribute 6% of ira employees gro~s wages to a
retirement account which will be establL~hed by the District.
The District has its worsts compensation with the Florida League of
Cities, Inc. The premium L~ based on the prior yeats salasie~ and will be
split with the Water & Sewer Fund;
The District currently has a contract with Big Cy~te~ Landscape Company
to malx~tain the District's Ri~t of Way1 and Ivledian~. The amount for
the ~ year is based on the foUowing:
Annual Amotmt($4,069 per month) S48,824
Additional LancLscaping S23.176
Total S~.000
Page7
S2,400
S2,276
1 6G2 1 I
PORT OF THE ISLANDS
General Fund Budget
The District currently has 4 electric accounts with Lee County Cooperative
for Street Lights located on Distz'ict Roads. Based on prior years average
monthly elect, c bills the amount for rte fiscal year is as follows:
Monthly Annual
Account Name Account # Amount Amount
Newport Drive 92102905T3 $2~0 S3,.357
Eveningstar Cay 9301070500 S380 S4,S55
Tamiami Trail 9201140198 S447. S5,369
Porrof the Isles 9607220098 $ 31 $ 376
Contingency(%lO) $114 $1~6
~ Amount $1.252 $15,023
The District is currently being bi/led for irrisation water for the common
areas the District is required to maintain. The amount is based on prior
yeas cost.
The District currently maintains on the south side of the District, the main
road parallel to the aL-strip from the entrance off US 41 to Newport Cay
and Newport and Morrting~tar Cays. On the north side, the main road
from the entrance off US 41, around the east end of the hotel to the water
plant, and the road from the water plant to the north bounda~ of the
property. The amount to maintain these roads should not exceed S10,000
during the fL~:al year.
$15,023
Sl0,000
Page 8
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PORT OF THE ISLANDS
C~t~ral Fund Budg~
o
Any mai~tex~'ce on the DLstrict's drainage system that may he required.
The District has recently purchased a mo~luito sprayer and will be
utilizing District personnel to spray for mosquito~ during the fiscal year.
The estimated amount for chemicals and other needed supplie~ should
not exceed SIO,O00.
SIO,O00
Any mi,~el~neou~ t~:~a.i~ ~ s~~ on the District's trMck~, street
lights, and any other item3 that ate not covered under the roads and
drainage maintenance.
Any operating SUl:tplies that will be required during the fiscal year, i.e. fuel
for truck~, uniforms, miscellaneous tools, irrigation and landscape
supplies, etc.
S173,321 ]
Page9
PORT OF THE ISLANDS
Propo~d Dd~ Service Fund Budg~
F~cal Year I997-98
16G2·
[TOTAL g.EVI~N' $1,035,72~ $584,664 5520,118 51,104,781 $1,020,175 ]
PR~AYMENT5 S0 SI0,000 510,003 ~0,000
I:NTEREST-11/1 S272,0~ ~I,125 $0 $2T1,125
PRINC~AL - 5/1 S230,0(X) $0 S~30,000 S230,000
~ - 5/1 S272.02~ S0 $271,12.5 S271,12~ S260,325
[TOTAL EXI::~NSF~ ST74,0~ S2fll,12:~ $.511,125 S792.2~ S770,6~0 ]
[NET INCOME ~261,67~ 1303,,f~ $8,993 131!.531 ~249~ Il)
(1)Net Income will pay' the 11/1 De~ Sec'ice Payment i~ ~ nex~ F'~I Year
prior to receiving as~es~me~nts.
Interest Payment S2~5,075
[Total ~ $~ ~61~ ~49~ ]
~al ~m~ ~1,6~ ~6,465 ~,~ ~71,~ ]
Add: ~ & CoU~ · 6% ~,~ ~6~ ~,~9 ~2~1
Page ~0
Actual Projected Total Projected
PORT OF THE ISLANDS
WATER & SEWER
Proposed 8udset
Fiscal Year
16G2
~D PRO)'ECTED TOTAL. PROPOSED
BUT:X3ET ACTUAL hEX/' PRO~CTED e BUDGET
F/~ ]e9~/97 T'F~U 4/~/97 S MONTTIS 9/~0/1997 F,'*Y 199~/98
STANDBY
WATT. R ~
~R,R~GATION
MZ'TI~ F'E~
CONN~CHON FEE
I/~rTT.,R~ST INCOM~
~VZSO~S FET. S
ATTORN'EY
EN~G
ACCOUN'T'/NG
ANNUAL AUDrT
PZCORD[NG SECRETARY
MANAGER
COM]~tTER TZM~
T~UST'E~
UTRJTY BILLING
T~LE~r~ION~
POSTAG£
~ALS & LEASES
PRZNT~G & BZNDL~G
L~GAL ADVL~Tb"ZNG
OT'Z.g~ CUIU~NT O"[ARGES
OFRC~ SU'Pt~S
CAPTTAL OUTLAY
[TOTAL A DMU'41STRAT~
S32S,34~ S149,4.q0.61 Si92,083J0 S341,534.11 ~l,2 ,.r,r,r,r,r,r,r,r,r~0 ]
S6.000.00 S2XX~.OO ~,O00.O0 SS,OOO,O0 S6,OO0
S~,l~O.O0 S2,176,q.4 SZ.I?6_$4 S4,3~3.~
S,6,I~O.~O S5,264~11 S7,169o75 S12,&33.86
~,647.00 ~2,12~-T; S1,S19,~1 ~47,00 $.1,a47
SaGO.GO ~"J3.79 S0.0O S,"33.79 S800
S1O0,00 S1.00 ST~.00 $T6.~0 Sl00
S1J~0.00 f~0t..17 S900.00 SI,404_Tr
S1,200.00 $700.00 S.~00.00 SI,200.00 S1,200
$9~1~.00 $9,4~9~0 ~0.00 $9,4S~.S0 S10,2~!
SI,.100.00 S191~ $1,000.00 S1,191.58 S1,300
S1S0.00 S1~7.40 Sl00.00 $2177.40 S1S0
SI00.00 S109~ Sl00.~0 $209.53 $1~0
S66,947,00 S36,529.12 S23,67S.37 $60.20';.49 562553
SALARZT~/WAGES
FICA TAXFiS
I.~.ALT~ rNSURAN~
I'T. NSZON
W.C INSURANC~
M0,000.00 $22J01.61 S16,144,01 .~a,74S.62
$3,0~0.00 S1,720.74 $1,2~.10 S2,949.84 S3.060
$2,~00.00 r/04.77 S1.200.00 SlJ0~77
PORT OF TH£ ISLANDS
WATER & SEWER FUND
Prolx~t Budge
~r~cal Y~rr 1~'/'~
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ID.,I'I A~:~'"~) PROfECT~D TOTAL PROPOSED
ON " FlY 19~/97 TH~J 4/30/97 S ~ON"i'J~S 9/30/1997 F/Y 199'7/9~
SLS,,~JO]9 S"/7,240.24 S92,97'L13 S3,~83 ]
PORT OF THE ISLANDS
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Water & Sewer Fund Budget
F~scal Year 1997-98
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Undeveloped property is billed monthly for the number of equivalent
residential con~ections o~ reserved opacity ba.~ed on the District's adopted
rates. The amount L~ based on prior years revenue.
Based on prior years water and waste water consumption and ~uture
connections to the system, the District anticipates the following revenues:
Water Revenue $70,000
Sewer Revenue $86,000
on Revenue S11,000
S167,000
Meter connection charges represent the cost and Lr~tallation of the meter
at S2S0 per S/8~ meter. Each new re, dent wtU have both, a potable water
meter and an Litigation meter insta~ecL Larger meters would be based on
the actual cost of the meter, plus
The District anticipates earning S500 of interest Lncome during the fiscal
year based on prior years revenue.
S150,000
5167,000
S500
[ ~
Page13
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PORT OF THE ISLANDS
o o
Water & Sewer Fund Budget
The Florida Statute~ aliow~ each supervisor to be paid $200 per meeting [or
the tLme devoted to Distt~ct b~in~s and board meeting~. The amount lot
the Fiscal Year is ba~.d on 4 sup~qrisors and 12 monthly meetings. The
fees will be split with the General Fund.
The District's attorney will be providing general legal service~ to the
District, i.e., attendance and preparation for monthly meetings, reviewing
contracts, agreement~, resolutior~,et:. The amount is ba..~ed on prior years
cost.
The District's engineer wLU be providing general engineering ~ervices to
the District, i.e., attendance and preparation for monthly meetings,
reviewing invoice~, and various pro~ect~ migrted u directed by the Board
of Supervisors.
The District has contracted with Gary L. Moyer, P.A. to provide
Management, Accounting and Recording Secretary Services for the
District. The service~ include, but not limited to, recording and
transcription of board meetings, administrative services, budget
preparation, all financial repotting, annual audit~, etc..The fee~ are as
follows:
Management S7,875/per year
Accounting $3,647/per year
Recording Secretary $2,315/per year
The District is required to annually have its financial recorc~ audited by an
independent Certified Public Accounting Rrm. The fee the fiscal year is
based on prior yeasts cost.
Page 14
S6,000
$L3,837
~4,700
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PORT OF THE ISLANDS
Water & Sewer Fund Budget
The District processes aH of its financial activities, i.e. accounts payable,
financial statements, pays'oiL etc. on a ma~n ~rame computer owned by
Gary L Mw/er, P.A. Computer time is billed at S70 per/hour not to exceed
Sl,000 for the fiscal year in accordance with the management contract for
the same. The. computer time charge will be split with the General Fund.
The District issued Series 1990, Special Assessment Bonds that are
deposited with a Trustee at First Union National Bank. The annual
trustee fee is based on prior years cost and will be split with the General
Fund.
The District has contTacted with Deloitte & Touche, independent certLfied
public accountants, to annually calculate the District's Arbitrage Rebate
Liability on the Series 1990, Special Assessment Bonds. The amount is
based on the current contract and will be split with the General Fund.
The District has a 250 account utLLity biLling system which includes
calculating, printing and mail~ng of utility bills, po~l~ng and depositing
Represents cost incurred by District supervisors or employees for travel
related expenditures.
Telephone and fax machine, amount based on prior years cost and will be
split with the General Fund.
Mailing of Board Meeting Agenda's, checks for vendors, overnight
deliveries and any other'required correspondence. Amount is based on
prior years cost and will be split with the General Fund.
The District's administrative offices are located at Coral Springs
Improvement District which bills the District $200 per month. This
amount will be split with the General Fund.
Page 15
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MOO
$1,200
PORT OF THE ISLANDS
Water & Sewer Fund Budget
The D~strict currently has its Insurance Policy with the Florida League of
Cities, Inc. The Florida League of Cities, Inc. specializes in providing
insurance cov.erage for Governmental Agencies. The following amounts
are based on ~rior yeats cost:.
General LiabiLity $2,SS2 $2,552 SS,104
Automobile LiabiLity $851 S8S1 Sl,702
Property S0 $4,409 $4,409
Boiler & Machinery S0 $2,147 S2,147
Treasurers Bond $282 $252 $.564
. ,6a5 s 0,24! s ,9 61
510,241
Printing and binding agenda packages for board meetings, printing of
computerized checks, correspondence, rational, envelopes etc.
Advertising of monthly board meetings, public hearings, and any other
legal advertising that may be required.
Bank charges and any other miscellaneous charges that the District may
incur.
Any supplies that may need to be purchased during the Fiscal Year, i.e.,
paper, minute books, file folders, labels, paper clips, etc.
The District may purcha.~ a file cabinet or any other small capital item.
S150
SI00
$62,553 ]
Page 16
PORT OF THE ISLANDS
Water & Sewer Fund Budget
The District currently has two full tizne employee~ who are licensed Water
& Sewer Plant. Operate. These employees tre responsible for aH road and
drainage operations, mo,xluito control and operating and maLntainJng the
District's Water & Sewe~ Plant. The amount for sa]ariesaL~o includes a
part time/overtime pool which is anticipated based on ~uture activity, The
fo[lowing are the pro~.cted pays'oH expen~ for the ~ year which will be
split with the General Fund:
Salaries S70,000
Pan time/overtime
FICA Taxes · 7.65% S6. t20
Total $86.120
Health insurance benefits ~ be pooled with other special purpose taxing
districts in the state to receive better rates based on a larger group. The
amount is based on prior yeats cost.
The District will contribute 6% of its employeea gross wages to a
retirement account which will be established by the District.
The District has its workers compensation with the Florida League of
Cities, Inc. The premium is based on the following and will be split with
the General Fund;
S2,500
$2,2~6
The District currently has contracts for wetland monitoring, lab testing,
well field monitoring, etc. Based on prior yeats cost, the amount should
not exc .e~,d $38,000.
The l~strict currently has a ceUular phone for telemetry control of the weU
fields, a cellular phone for field person~nel, telephone and fax machine at
the water plant.
Page l7
PORT OF THE ISLANDS
Water & Sewer Fund Budget
16G2
The District currently has 9 electric accounU with Lee County Cooperative
for irrigation, ILft station~, water and waste water plant. Based on prior
years average, monthly electric bill~ the amotmt for the fiscal year L~ as
follows:
Mo--'~y Annual
Account Name Accotmt # Amount Amount
Eveningatar Cay 9310060411 $9 $108
Newport Drive 9310060409 $9 $108
Sewer Plant 9201140207 $90 $1,076
Cays Drive-IS 9308200540 $6 S72
41 & Cay-LS 9304010628 S49 S588
Sewer Plant ' 920114020S $136 $1,632
Water Plant 9201140203 $2247 S26,966
Water Plant 9307280335 $1,849 $22,189
Well Field 9408160294 $92 $1,105
Contingency(10%) $5,384
~ Amount $59,228'--]
The District will incur numerous repair~ and maintenance throughout
the fiscal year on the water plant, waste water plant, irrigation system, etc. -
Page 18
PORT OF THE ISLANDS
Water & Sewer Fund Budget
The followm$ operatLn$ supplies will be purchased durin$ the fiscal year
m order to operate the water & waste water s,rste~c
~: SI0,000
Chlorine will be purchased for the water treatment
process and other chemicals on an as needed basis.
~ SlO, O00
Miscellaneous operating supplies for the water, waste
water and irrigation, i.e.P.V.C, pipe, tools, uniforms,
cleaning supplies, etc.
$15,000
The purchase and installation of water & irrigation meters.
The District's employees will need to renew their water and waste water
plant operating licenses. Also, subscriptions to American Water Works
Associations, etc.
Excess funds will be placed in a renewal amd replacement fund for any
future replacement of equipment ot machinery.
S276,464~ ]
Page l9
1_6G2
Port of the Islands
Community Improvement District
Cash
Due from Watm & Sew~.
Inv~ - ~ate Board
Due to Debt Se~4ce
Fund Bak~nce- FY 1996
T~cd Lkd:)iJ~N & r'~J~d~
$1,244.9o
$196.9~9.58
($22.697.75)
Port of the Islands
Community Improvement D~rlct
S34X~JX) S ! ,J~O.~O S~.~17 '"~1, $767.~S
~36.,~1G0 ll37,.7~.~.67 S~.,~'9.57 CSM,570.I C~
8 9 .& ~ )
16G2 ' ~
Port of the Islands
community Improvement District
Amount Avolol~e~ ~ $741,677.00
AnxxJnt to be ~ - Long Term Deter S6,288,,~3.a0
[Total A,ees TT 0~8.,s I :j~ ,000.00
· K~ects 11/1Pflrv:~pal Paymm~ ~ S10.mO
(~ 17J 16.83)
I G68,SI 03O,00O,0O
Port of the Islands
Community Improvement District
Debt Service Fund
Statement of Revenues & Expenoltur~
S~,584.23
S6,177.43
S7O.71
S285.19
S13,G69.oo
$223581.61
$
~6~2
Port of the Islands
Community Improvement Dlstdct
$1~3,i273~00
1 662 ' '
Port of the Islands
Community Improvement District
1 6G2 "'
Port of the Islands
Community Improvement District
Wder & Sewel' r-s, md
~ sheet
F~ The PmSod F. rx:lr~ Ap4 30, 1997
Ware, & Sewm ~stem
S63,,~09.,s3
S64.99,LSC)
S6,326.111.14
S3.a~o.a3
(S330,s1s.ss)
D~e to General
Cus~ome~ ~
Pension Payable
Rex~fved for ~~
C~ ~ ~ F~ ~e
S,69,~g.4.~
$7~3~
SlCG8O
S4~89.737.74
S3,618.10
S4,18,223.3O
S15.73o.89
16G2
Port of the Islands
Community Improvement District
Wc~ec & Sewez Fund
i , 49 . ( ~
94 ,00 36 ~9. 2 725.38
$3,G66~0 $3,C56~0 $3.~4~0 ~.oo
$3S~GOG0 S22.166~,7 SI0.699~1 Sl I;i67~6
$3~O0ZX:) SJ.7'~GG0 SJ.939~
S59,368.00 S34~.50 S26,716.17 S7,909,33
S1,S24.C0 S~9~0 S~79 ~).21
$ I$,0C:0~0 S~,750~0 $9,9d6.C~ CS1,196.00)
1 l&l~OgO S8,750.~0 $19,161,E10 (S I0,41 I,dCO
S~0.00 S~9L67 S320.00
.00 9. ..28
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Notice OI'Meeting
Port of the Islands
Community Improvement District
The Board of Supervisors of the Port of the Islands Community
Improvement District will hold their regular meeting at 4:00 P.M., Thursday,
August 21, 1997 in the offices of the District at Port of the Islands Resort, 25000
Tamiami Trail East, Naples, Florida 33961. The meeting is open to the public and
will be conducted in accordance with the provisions of Florida Law for
Commtmity Development Districts.
There may be occasions when one or more Supervisors will participate by
telephone. At the above location there will be present a speaker telephone so that
any interested person can attend the meeting at the above location and be fully
informed of the discussions taking place either in person or by telephone
communication.
Any person requiring special accommodations at this meeting because of a
disability or physical impairment should contact the District Office at (954) 753-
0380 at least five calendar days prior to the meeting.
Each person who decides to appeal any decision made by
the Board with respect to any matter considered at the
meeting is advised that person will need a record of the
proceeding~ and that accordingly, the person may need
to ensure that a verbatim record of the proceedings is
made, including the testimony and evidence upon which
such appeal is to be based.
Gary L. Moyer
Manager
I;:,,'r~" lb.&.
{'~)c$ To:
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RECEIVED
JUN 1 7 i997
PARKS & RECR[ATION ADVISORY BOARD
Wi~Dlq~$DAY, June 35, *199Y
l~,ank !~. Mackle d~,. Gommunltl~ Pa~Pk
3:00 P.1W_.
*f561 tnaalHsla q'e~,ace, Mm*co Islana, l:loFMa
Misc. Corres:
Oa~ .-~
,t,,, I/..4.
PARKS AND RECREATION ADVISORY BOARD
AGENDA
June 25, 1997
Frank Mackle E. Community Park
1361 Andalusia Terrace, Marco Island, Florida
The Parks and Recreation Advisory Board meeting will be held Wednesday, June
25, 1997, 2:00 p.m. a! Frank E. Maclde Community Park, 1361 Andalusia Terrace.
Marco Island, Florida.
I. CALL TO ORDER:
II. PLEDGE OF ALLEGIANCE TO THE FLAG:
111. INVOCATION:
IV. APPROVAL OF MINUTES, May ~, 1997 Meeting
AI-4
V. NEW BUSINESS/PRESENTATIONS
I. Dogs in the Park
VI. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM
VIi. REPORT~UPDATES:
I. Mouth~y Report (May)
2. Collier County Racquet Center
3. Lee Cypress Master Iqan
4. Golden Gate Neighborhood Park Status
5. Adopt-A-Park Report CI0
6. Parab Meeting Schedule Ci i
7. Meeling Adjourn
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PARKS AND RECREATION ADVISORY BOARD
PRESENT:
May ~, t99~
V'meyards Community Park
6231 Arbor Drive West, Naples, Florida
Bar~ om.
Gayle L. SCm
Gl1 Mm~ier
Josep~ Zaks
ABSENT:
AI~SO PRESENT:
Miflt ammey, Oirettor
Murdo Smith, Recrutlou Manager
Gary Frmeo, rm'b Superbt~dem
J~-,p~ hart, Se.~tary.
Jolm Dmamck, t~ Coordinator
L CALL TO ORDER: 7b meeting was called to order at 2:10 p.m.
FL PLEDGE OF ALLEGIANCE TO THE FLAG
tFL INVOCATION: by Sacqu~ Hart
IV. APPROVAL O!r MINU'rF~: April ~3, !q97 m~ging.
Motion by Gayle Sins to approve Apra 23, 1997, minutes. Seconded by
Muefler. Passed 4/0.
GH
Mr. Joseph Zaks was asked to Char the Parks and Recreation Advisory Board
meet~g in rite sd~mce of the Chlrmms T*nnothy BhcM*ord tnd Vice Ch~rperson
V. NEW BUSINI'~S/PRESENTATIONS
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nut. horiz~ ~ m approval by the County. Development of'the propet~y
ns proposed is subject to s fotty-fivu ¢45) day review period by ~e Florida
D~-mm~ of Communfl7 Affirm.
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Mr. Smith zlso St.~dg that he mode some inquio, on don~tien of two (2) pzrcels of
land; parcel #77 is owned by Arthur Charloffand the other pzrcel #53 is owned
by l~rold w. Ftd~r.
~ - The City of Naples is offering the Parks and
~ l)epa~ S40,000 dollars ift~e County b intermed in building 24
to 36 shuffleboard courts in one loc~Jon. Based on prior constructie~ costs the
$40,000 will be able to build 5 courts. The County would have to make up the
diffe~mce of $120,000 to complete the 24 courts.
There was no motien or support by PARAB for the ~umeboard court praposal.
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f, ~- No Discussi~ took place.
~ - Elain~ Wicks submitted a wrbal report to Joe Zaks
and Ms. W'~cks visited the Vineyards Cemmunity Park and tile improvemmU to
the building are complete.
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Ms. Stan reported I~t she visited Ceca~tdm~ River Park and the park is in
lpxxl cmditim but erie of the buikiinp seems to have some mildew. Also a group
prepetty. Ms. $tanm&Bes2dlhatlbe~visitlfiearea rnomfmlumtly
h. RA ' - Next meeting is sd~duled at the Frank E. Maclde
Community Padt at 2:00 p.m. on June 25, 1997.
Mr. Zaks stated that he will not attend ~e next meeting because he will be out of
town.
Mr. Muellet is traveling to Maine i~ line. However, Mr. Mueller will call lie
Parks and Recrutien Department's of Jioe to cmfinn his attmdance for the June
memnS.
VIII. ADJOURNMENT
Meetinl adjourned ot 4:15 P.M. Motion by Joseph Zaks to adjourn. Passed
4/0.
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b. ~ ' Mr. Mu~ll~r mada a ~ ~hat the
April 5'~. 1007
a~~ ~~(~)~~ s~°f
~r S~m~~ ~ ~ ~ Ap~ ~ i~.
The mmddy repot ~0wed m increase hsed on la~ year's year4o-date report in
d~e bead~ re~em~e ~nd Mr. Muefler cemmmded the Parks ami Recreation
Departmmt
Mr. Joe Zaks requested Ifiat the Parks taxi Recreation Department staff nc~i~y
· · ' .AcopyofDeltonaLand
ar~l~ dipping writ~m by Jemi~ Richt~ wu included in the PARAB pack~.
Th~ [slanc~ tw~ ar,.icl~ ~zl that "tho padt ha~ bom P~ for land between
I-ieathwo~ and gaud Hill l~iv~ on W'u~,d~'ry l~iva on tl~ south end ot Marco
Island at. ss from th~ Bas~ball Field".
Deputy Ma~ 14xdTur oft~ Marco ldand Subttath~ atari! that h~ wanu a quit
Ih~af padt whtra peopl~ can rkla Ih~ir biit~ or rind a Pai~r* Deputy Huffor
would li~ th~ paltt to I~ · community ~f'o~t and hop~ ~vic, organizatiota on
~ island will I~Ip fund an ~ amount of $~,000 to ~ ~ park
happm, l-lis~oali~t~getama~t~plantoth~Countyby Au8ustat th~late~.
~- Mr. Sm~ fated that the Park~ and
Recreatien Department received a letter from ~ Planning Department. The letter
~tated that the pmpo~d Site Imprcr~mmt Plan (SIP-97-11) d~ould be in
Code, and iu okay to proceed. CKange~ in u~e and/o~ dedgn ofthi~ plan am net
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Mr. Mueller inquired whether the Parks and Recreation Department has givm any
thought to his sugg~s~m which was to ol%-r a seasonal f'e. t'or part time residents
~ the Collier County ~
Mr. Smith indicated that Parks and Rl~'r~Kicn did giv~ the sul~"stic~ some
consideraticn, however the cl~nge would etTect the revmue at the facility.
Mr, Zaks sugg~tal a few changes which will simplify the reading and the format
Mr. Mueiler suggested that the Parks and Recreation Department consider
installing ~ ai the q51 ~ I~mp which ~ld gm~,.~ some revmue.
Motion by (;il Meeller thai the Parks and Recreation Advisory Board accept
the fee polk-y based on discussion of changes or suggestions. Seconded by
Gayle Start. Passed 4/0.
be
~ - Ms. Ramsey briefly discussed the Neighborhood Park
Supplemmt, The suppkmmt is a guideline for a pa~y interest~ in building and
maintaining a ne/ghborhocsd park in their c~,ununity utilizing local Municipal
Service Tax Distr~ct ad valorem tax dollars. Initial constmctio, costs for
neighborhood parks may be Funded by eilher priv~ donations, civic association
Fund miser or Municipal Service Taxing Districts.
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~ - Ms. Ramsey discussed the Parks and Recreation
Department Mission 2020 Park tiaa. In order to be as efficient as possible with
tim& available, a singJe park may be used to meet the den~nd for ncx only the
originally ck~d ftgiatal park, but for n~ru athletic fields and a tournament type
P~cility as vK41. The public will hav~ greater flexibility in being able to pa~cipate
in any number ot'difFermt activities at me location.
The multipu~os~ regk~l park can provi~ m/ties with additk:~l tourism
dollars and eppeJ~ei~es. Conummi~s with sports complexes g~erat~ an
estimated r~mue of $25,000 to $80,000 per sports evmt.
In orck, r to esublish a fimding mechanism for regional parks, the ability to ~und a
multipu~x~se regional park would r~quire ms to existing County park
impact ~e ordinances. In order to ~nd regional parks or ~ollow the Growth
Management Plan, the current impact ~e ordinance needs to be amended.
Motion by Joe Zaks thai the Parks and Recreation Advisory Board approve
~ Co[~.r County fark~ and ~ion Capital Harming Report in its
conceptual fonnai. Seconded by G~/le Stan. Passed 4/0.
VI. REQUEST FOR- SPECIFIC UPDATE ITEM
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PARK RANGER PROGRAM
MONTHLY REPORT
May 1997
^DMINI~EATION: Routine administrative, evaluatiom, scheduling.
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FIELD OPERATIONS: Routine patrol of beaches and parks, enforced Ordinances, assisted park visitors,
collection of monies from meters, bank deposits, commissioners packet delivery, restroom maintenance at
bem. hes, trash and debris maintenance on beaches, boardwalks and parking lots. Maintained mounted
patrol, vehicles, interpretive programs, beach vendor inspections, retakes (4 rangers) Level I code exam.
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Barefoot Beach Access 6.715 49.415 16.116 118.066 1,340 18.947
Barefoot Preserve 7.694 70.686 18.441 ! 69.643 7.428 96.089
Clam Pass Park13136 13.136 118.089 31.526 209.966 4.473 40.627
Tiger, ail Beach 13,348 100.382 32.035 240.914 15.195 154.318
Vanderbilt Beach ! 0.404 60.061 24.969 142.143 2,259 19.975
North Gulf Shore 5,324 31.992 12.777 76.779 270 1.868
South Marco 2.347 19,280 5.632 46.269 1.950 20.042
Vanderbilt Bch Rd Meters 1.739 12.678
TOTALS 58,958 419,635 141,496 1,003,780 34,654 364,544
CITATION REVENUE
350 10.400
Bayview Park 3,264 35.096 7.833 84,228 I.I 87 7.476
SR 951 3.046 16.056 7,310 38.228 0 0
Caxambas 3,245 21.202 7.788 50.871 0 0
Lake Trafford 9.393 47.391 22.543 113,281 0 0
Cocohatchee River Park 34.055 121.1112 81.732 290.835 2.556 12.047
TOTALS 53,003 240,927 127,206 577,747 3,743 19,523
*Users = car count x 2.4
1.223 10,438 9.611 71,703 39 i07
I COMMENTS:
(m) 5
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COLLEE~ COUNTY PARK~ AND RECREAT'rON
MONTHLY ~.EPO~T
MAY 1997
Park Maintenance Operatiom: Continue all daily maintenance functions at all parks and
waterfront facilities. Installation of an additional drinking fountain at Bayview Park
complete. Scorekeepers platforms being installed at Tony Rosbough Park in Immokalee.
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PARKS M,4I~fI'AINED
# OF.4CRES # OF $ffES
MTH VID M'fH YTD
School Sites 44 44 8 g
Regional & Water Orientated 701 70 ! ! 6 16
Neighborhood Parks 36 36 10 10
Community Parks 425 425 15 15
· Gulf Coast Little League transfen~ ftorn Neighborhood Park lo Community Park
· Jnne's Scenic Drive added 1/95 - 12 miles, 142ncr~
· East Naples Neighborhood Park added 5/95
· So. Naples Community Park (I'{ubschman/Bathey property} added 11/95
Lake Avalon (Sugden Regional Park) added 8/95
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' F.Y.I.
Department of Collier County Parks and Recreation
May 1997
· The immokalee Sports Complex held a Teen Dance at the pool on
Saturday, May 17a'. Three Hundred and Filly kids attended the
dance.
· lmmokalee High School held their band banquet at the facility.
· Immokalee High School's Beta Club sent 100 students to the pool
on May 23n[
· Over 2,600 lmmokalee High School students visited the pool this
month.
· The Department CO-sponsored "Cinco De Mayo". The event was
held at Airport Park. 4000 people attended the event.
· The Immokalee Sports Complex will hold Project Graduation on
June 6th. Festivities will run from i 1:00 pm - 4:00 am.
· School is Out Pow Wow will be held at the lmmokalee Sports
Complex on June 14a~.
· 10K Team Fun Run will take place on June 21~, 8:00 - 12:00 pm.
· Youth Dance, ages 13 - 19 will be held at the Immokalee Sports
Complex on June 21~. The dance will be 7:00 - 10:00 pm. Free
· Teen Camps will be offered in Immokalee this Summer. Included
in this camp will be a Junior Lifeguard Training Course. Camp
starts in June.
· Summer camp starts June 16°'. The staff has been extremely busy
getting ready. Around ! 000 children are registered for the program.
· The department is getting geared up for Summer Teen Nights. The
first event will take place at the Golden Gate Aquatic Complex on
June ! 4th.
(B) 9
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A - -P R EP RT
The Adopt-A-Park Report b provided by the Parka and Recreation Advisory Board.
Each PAR.AB member visits their adopted parks and gives a detailed report of the
parks condition. The purpose of this report is to help Parks and Recreation
Department to continually improve la maintaining park facilities.
Tim Blackford: a. Veterans Community Park Report on 6/25/97
b. Clam Pass Community Park
Billie Cheney: a. Immokalee Community Park Report off 8/27/97
b. Immokalee Recreation/Aquatic
a. GoMen Gate Community Park Report on 9/24/97
b. Golden Gate Community Center
c. Max A. Hasse Jr., Community Park
a. Frank Mackle Community Park Completed on $/26/97
lk T'tgertail Beach
¢. Collier County Racquet Center
(;il Mueller:
Gayle Stan: a. Cocohatchee River Park
b. Lely Barefoot Beach
Elaine Wicks:
Completed on 5/28/97
a. Vineyards Community Park
b. Bay"view Community Park
Completed on 5/:28/97
(C)' 10
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PARKS AND RECREATION ADVISORY BOARD
MEETING SCHEDULE
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1. June 25, 1997, meeting scheduled at Frank Mackle
Community Park, 1361 Andalusia Terrace, Marco Island,
Florida, at 2:00 p.m.
2. July 23, 1997, meeting scheduled at East Naples
Community Park, 3500 Thomasson Drive, Naples, Florida,
at 2:00 p.m.
3. August 27, 1997, meeting scheduled at Cocohatchee River
Park, Vanderbilt Road, Naples, Florida, at 2:00 p.m.
4. September 24, 1997, meeting scheduled at lmmokalee
Sports Complex, 505 Escambia Street, Immokalee, Florida
at 2:00 p.m.
NOTE:
Meeting dates could be changed due to holidays observed. PARAB
members will be notified 2 weeks prior to meeting date in the event of a
change.
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PARKS & RECREATION ADVISORY BOARD
W~D~$D~¥, 4~2 50, 199~
i~ast Naples Gommanttl~ Park
3:00 P~JL
5500 ~homasson D~lve, Naples, l:lo~laa
~stlflttne %/ ~
~ac'Kte ~
Misc. ~rrl~
Dat~ ~
662
PARK AND ~TION ADVISORY BOARD
AGENDA
July 30, 1997
East Naples Community Park
Thoma~on Drive, Naple~, Floridl
The Park~ and Recreation Advisory Board meeting w~ be held Wedneulay. July 30,
199'], 2:00 p.m. at East ~apie~ Community Park, 3e~0 Thomas~on Drive, Naples,
Florida.
I. CALL TO ORDER:
PLEDGE OF ALLEGIANCE TO THE FLAG:
Ill. INVOCATION:
APPROVAL OF MINUTES, June 2~, 1997 Meeting
AI-5
NEW B US IN ESS~RF~ENTAT! ONS
!. Pre,.ut Attitude Award "De, nh Gulley"
2. Interview for PARAB Opening -2 applicants B 6 -10
3..~mth Naples Park C I I
V1. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM
I. C'~y of Naple~ Capital Project (PARAB Recommendation)
2. Park~ & Recreation Concession Aud'K Report
D12-18
El9
VI. REPORTS/UPDATES:
I. Monthly Report (June)
2. Fee Policy
3. Lee Cypress Status
4. Golden Gate Neighborhood Park Statm
~. Suldeu Park Policy
6. Adopt-A-Park Report
7. Pm'ab Meeting Schedule
8. PARAB F.¥.L
9. Meeting Adjourn
F20-27
G28-43
H44
H45
H46
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PRESENT:
ABSENT:
PARKS AND RECREATION ADVISORY BOARD
June 2S, 1997
Vineyards Community Park
6231 Arbor Drive West, Neples, FJoridn
Timothy Blackford, Chairmnn
Elaine Wicks, Vice Chair
Bil]ie Cbeney
Geyle L. SUn
Gil MueHer
Joseph Zaks
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ALSO PRESENT:
Maria Ramsey, Director
Mardo Smith, Recreation Manager
Gary Franco, Parks Superintendent
JacquJe Hart, Secretary II
John Dunnuck, Operations Coordinator
Anne MJddleton, City of Naples, Budget/Investment Manager
Don Wlrtb, C"Jty of Naples Community Services Director
I. CALL TO ORDER: The meeting was oiled to order at 2:15 p.m.
!!. PLEDGE OF ALLEGIANCE TO THE FLAG
IlL INVOCATION: by lacquie Hart
IV. APPROVAL OF MINWXT. S: May 2g, 1997 meeting.
CORRECTION TO May 2sth, 1997 Minutes: Ms. Wicks stated that the
Adopt-A-Park report she had gh, en to Mr. Zaks is incomplete. Ms. Start stated
that the kids hanging around the park area should be Vanderbilt Beach and not
Cocohatchee.
Motion by Elaine Wicks to approve May 28, 1997, minutes as amended.
Seconded by Gil Mueller. Passed S/0.
V. NEW BUS12qESS?PRE.T~brrATiONS
i a · Ms. Anne Middleton, Budget
Manager for the City of Naples, made a presentation. Ms. Middleton stated that
she attended the Collier County Budget Hearing on June 19, 1997, and made a
request to the Board of County Commissions to match funding for the Naples
Landing and the beach ends project. Ms. Middleton stated that the Board of
County Commissioners requested that the City of Naples present any future
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projects m C~milzl Bud{et Propo~ls to I~ Parks and Recr~tion Advisor)'
Board for their recommendation.
Ms. Middle, on is reqxiesting that the Parks and Recreation Advisory Board
review and recommend approval of funding by the Board of County
Commissioners the following two proposals:
I. Phased Renovation of the Naples Landing Park at county contribution
cost of $220,000
2. Phased Renovation of Beach Walkovers at county contribution cost of
S25,000
Mr. Don Winh, City of Naples Community Services Director, briefly
described renovations of the Landing Park for $220,000.
Renovations of the Beach Walkovers includes benches, walkovers.
structures, landscaping, curbing, signage, viewing areas, bicycle racks
and lighting,. The City of Naples is requesting that the County match the
City's $25,000 in 1998.
Chairman Blackford inquired as to how much money in total is required to fund
the Landing Park project and how much has the county committed.'?
Mr. Wirth stated that the estimated cost is $900,000 to fund the project and that
the County has committed $160,000. The City is requesting an additional
$220,000. which the City will match.
PAR.AB would like to visit the site before making a decision. Elaine Wicks, Gil
Mueller. and Marla Ramsay will set a date and time to visit the site.
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Mr. Mueller stated that PAP, AB is not wepared to make a decision on the
Capital Budget Proposal and sugsested that the City of Naples submit more
detailed information for i'evie~. This hem will be tabled until next month's
meeting. Thereafter PAR. AB will be able to make a recommendation to the
Board of'County Commissione~.
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bo
Chairman Blackford also stated that be would like to see if any rex'enue will be
genera~.-d from this project. This I~ojec~ will be on the July 30th. 1997 agenda
for discussion and recommendation.
Mr. Worth stated that the City believes ~ because the County residents utilizes
the facilitie~ (walkover) dm it would be appropriate for the County to match the
City funds for capital improvements.
i / ountv rte t e arkin - Ms. Middleton stated that
this started when the County Commissioners wanted a guarantee that Collier
County citizens could use whatever asset that the County decided to make a
contribution for the life of the pro.iect. (e.g. the average life is 8 years for the
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beach ends. The Commissioners want a guarantee that the County residents
would be able to us~ the beach ends for at least $ years) through the interlocal
agreement.
Ms. Middleton stated that the City had already signed the interlocal agreement
and had presented it to the County for signature. Ms. Middleton stated that at
this point the City is willing to make an attachment to that interlocal agreement;
stating that if something should happen and the agreement does not work out
after a 3 year period; that the City would refund the County the remainder asset
value.
The City of Naples is guaranteeing the joint sticker program for at least $ years.
Mr. Mueller inquired whether a disagreement exist regarding the annual
contribution to the City.
Ms. Middleton stated that the information is incorrect. There was a request from
15 or more resident to pull meters from Laudermilk Park. This was to achieve
more parking spaces however, they wanted a sign stating "City Residents". The
City said that this proposal would not be approved by the County. As it stands
now the sign will state 'Permit Parking only'.
c. ~- Ms. Ramsey stated that the packet describes a "Dog Park" as well
as the type of park site necessa~ to build such park. In addition, the packet
address the issue of liability. Ms. Ramsey looked at a small area in the North side
of Naples for the possibility ora dog park.
Mr. Mueller stated that this is an issue which has been discussed, the
Commissionem voted, and rejected this project. Mr. Mueller would like to know
who is bringing this issue back up again?
Ms. Ramr~'y ~tated that the Commissioners voted on Dogs in the existing parks.
Ms. Ramsey stated that she has been doing some research on "Dog Parks"
throughout the Country as well as information pertaining to this County. There
are 12,000 licensed dogs in the County. Families look at dogs as being part of
their family and they like to go on outings with their dogs. The "Dog Park"
concept is something Ms. Ramsey has been asked to look into.
Mr. Mueller concerned is a dog park in North Naples might give people the idea
that dogs are allowed in all parks.
Motion by Gayle Stun that the Parks and Recreation staff continue to look
Jato finding a funding source for a paFk of this type based on available land
somewhere in the North Naples area, or the best proposed area in the
County that someone will be willing to donate land. As more information is
known and brought back before PARAB. Passed 5/0,
VI. REQUEST FOR DISCUSSION/SPECIFIC UPDATE ITEM
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~la.gL,P.l.t~C~:~~' Ms. Wicks inquired as to who is paying for the
tram trolley employees?
Ms. Ramsey s~ated that the Parks and Recreation Department pays S40,000
dollars pet year t'or the employees.
Mr. Fran¢o stated that Clam Pass is owned by the Collier County Parks and
Recreation Department and the department is responsible for maintaining and
repairing the board walk.
Ms. Wicks stated that she visited Clam Pass Park approximately 2 weeks ago.
On that Sunday, the tram trolley would passed the county residents, and picked
up the Registry's guests. Their excuse was that the Registry pays for this
service. Ms. Wicks stated to the tram trolley employee that she is on the Parks
and Recreation Advisory Board and she will look into the matter.
PARAB members request that the Parks and Recreation Department staff call
the Registry Hotel or follow up with a letter regarding this issue.
VII. REPORTS & UPDATES
~- Ms. Wicks stated that on B$ of the monthly report
under the Cocohatchee River Park it reads 34,000 in car count and only $2,000
dollars in revenue. Isn't Cocohatchee Park a boat launch facility.'?
Mr. Franco stated that the meter counter is at the entrance to the road and a lot
of construction is going on so it is misleading.
c. p~reat'on nc si n udit Re o - Mr. Mueller inquired
as to when could he see the results of the audit.
do
Mr. Franco stated that he will have a copy of the audit report at the next
meeting.
a ital ar ann'n - Ms. Ramsey stated that the Board of County
Commissioners approved the Capital Parks Plan.
la a - Mr. Smith stated that the Board of
County Commissioners approved $25,000 for the construction of a playground.
Staff' selected a piece of equipment for the playground. Spring animals, 4
benches, and swings will be installed. The lease agreement has been signed by
Lee Cypress Water & Sewer will be forwarded to the Board of County
Commission. A copy of the master plan was distributed showing the location
of the facility.
Mr. Mueller stated that a gentleman from Marco Island who owns a piece of
property located adjacent to the Lee Cypress site is willing to donate the
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property to the County. Mr. Mueller will contact Mr. Smith with name, phone
numb.~, ~ ~ ofd~ Sendeman
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~ - The grand opening
will be held on June 26, 1997 st 10:00 a.m. PARAB members are invited. Mr.
Mueller will he a guesl sp~lk~r.
g. . Avatar was not part of the
capital improvement and was pulled from the Board of County Commissioners
Agenda.
h. ~ ' Chairman Blackford visited Veterans Community
Park and the facility is in good condition. The playground looks great but there
is a rat problem.
Mr. Franco will take care of'the matter.
~sJ~t.~Lg~..~Jil.~ ' The regular schedule meeting for Jul}' 23, 1997
has been changed due to members taking vacation. PAP, AB members has
changed the meetin8 date to July 30, 1997, 2:00 p.m. at the East Naples
Community Park.
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VIII. ADJO~I~T
Meeting adjourned at 3:40 P.M. Motion by Gayle Stan to adjourn. Seconded
Gil Mueller. Pa~ed S/0.
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97 .lUll
DATE: June 17, 1997
TO: Maria Ramsay, Director, Parks and Reft)on
FROM: Sue Filson, Adminisirative Assistar~//~/~/~/~/'] '"
Board of County Commissioners
RE: Parks and Recreation Advisory Board
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As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens intere~ed in serving on this commMee to submit a resume for
consideration. I have anached the resumes received for your review as follows:
Daphnie Bercher
3800 Estero Bay Lane
Naples, Florida 34112
Joseph K. McVay
3225 Cray~on Road
Naples, Florida 34 ! 03
Please let me know, in writing, the recommendation of the advisory committee for appointment and
I will prepare an executive summary for the Board's consideration. Please categorize the
applicants in areas of expertise. If you have any questions, please call me at 774-8097.
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Thank you for your attention to this matter.
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Attachments
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· (-) 6
June 13, 1997
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Sue Filaon
Collier County Commissioner's Offica
Collier County Courthouse Complex
3301 East Tam,ami Trail
Naples, FL 34112
VIA Fax 774-3602
Dear Ms. Filson:
Please accept this letter as my application for the Collier County
Parks and Recreation Advisory Board.
! have four children who are actively involved in many programs
fostered by Collier County Parks and Recreation. I have been
involved in many levels of their participation, which includes, but
is no~ limited to:
Girls Fast Pitch Softball Little League
Girls Fast Pitch Softball Allstars
Boys Little League Baseball
Boys Little League Baseball Allstars
Basketball League
In fact, my twin daughter's team Just won the District championship
for their Fast Pitch Little League Team.
Although I have no experience in serving with the local government,
and my expertise as a family law paralegal would not be of use in
serving on this committee, my experience lies with the true purpose
of this committee - our county and the participants in the Parks
and Recreation programs.
! would be pleased to meet with you, if necessary, for your further
(S) ?
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'JlJ~13-'97 FR! 16:32 ID:.~,.~X~E ~ D H:WES
3800 Eete=o Bay Lane
N&91es, Flo=lda 34112
774-3181
Employment:
Tom C~og&n, £~qui~e
]3~ FX~B Avenue Youth
~aple~, riof£dl 34102
251-6909
(a) 8
1 602.
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REGISTRATIONS
WORK HISTORY
EDUCATION
MEMBERSHIPS
State of Florida;;1981 .'.
· Mr. McV~y has 'b~'~i'~l°yed at Crain Engineering
since 1977.. :'i~i/.!:'~l~(~va~.' is'a Senior Engineering
Inspector With"twe'nty'Years of applied engineering
experience includihg' .cost estimating, structural
detailing, design Investigation, and inspection work.
Mr. McVay specializes in roofing applications and
technology and has been served as an expert witness
in several Florida Jurisdictions.
UNIVERSITY OF
Miami, Florida
KENT STATE UNIVERSITY
Kent, Ohio .... ;:
Assoc~A TEO /NouS'//~iES'O~ CcEvE~No
· Southern BUil~ling*"Cbde' Co'ngress International,
· Roofing' InduSt_ry Ed[i'c'~tiOnai Institute
· American Managem~ht'AssociatiOn
° National Roofing Contractors Association
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(B) 9
I MAIN OFFICE
iLOCATION
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BRANCH OFFICE
LOCATIONS
CORPORATE
OFFICERS
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.Rmghng~Erofes~ionat.~entec:.-;
· .Suffe:105B.;,~ ..... ;,.:., .- - - --..
. ".F~9(ida~Waf~..' (80~)'.~'497311'7
' -:.~60o:eif~'~,Av. Anue~s-~ufh'~::: ~' .
~/Suite 201:; : , -~ '..;" - '
.' ".: (9,~1):403~3036 Fa~'(941) 263-7315
. .,i,~,~. , ....-,,,., .,,... : .." .....,. ..:~ .-....,-- . :..--..;.':.~. %-~..
.: :..:~resi~,,C~?~'-:' ?-, ,'C' ~-'!.,;:.:.:::.':?.?.'.-..: .
'' -" - ..... '~- .C.' ' - · - - : ;"~-::..:7/ . ' '
- '.-John C: ;Evans,'-P:E:..: ...... - .;
(B) 10
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SOt'TH ,~APLr..S CO~MU?;TIT PARIC
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City of Naples, Florida
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TO:
FROM:
SUBJECT:
DATE:
MARLA RAMSEYY, DIRECTOR
COLLIER COUNTY PARKS & RECREATION DIRECTOR
DONALD J. WIRTH, COMMUNITY SERVICES DIRECTOR
REQ~D INFORMATION
JULY 21, 1997
You had asked that the City provide additional detail to support our request for C.I.P.
matching funds for beach access improvements. The City is requesting that the County
match the City's S25,000 for a $50,000 1998 project. Specifically you asked that we
describe what improvements would be n~de at which locations.
Attached is the plan that we propose to implement with the $50,000. Please contact
Terry Fedelem or me, i.fyou require additional information. I appreciate your continued
support in soliciting the County's participation in a project that benefits all County
residents.
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Summary of Beach Access Improvements
1. 7~ Avenue North S6,150
2. North Lake Drive $,000
3. 6~ Avenue North 13,320
4. 4~ Avenue North 3,650
5. 1't Avenue North 5,t00
6. Cemral Avenue 3,280
7. 3'e Avenue South 1,750
8. 4~ Avenue South 9,750
9. 5e~ Avenue South 1.600
S50,000
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cc. Dr. Richard Woodruf~ City Manager
Anne Middletort, Budget & Investment Manager
Terry Fedelem, Parks/P~ys Superintendent
Attachment: Proposed Plan for '98 Cl~ beach access.
(D) 12
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e7/23/~997
DETAIL OF 1997-19~8 BKACH ACCESS IMPROVKM~NT$
I. Shower, Ddnklng Fountain, Water Meter md Concrete Pad $4,250
2. Brick valkways (320SF) 1,600
3. Fence Barrier (~01. Lin. Fe~)
$6,350
1. Bulkhead Repa~ $1,000
2. Landscaping 2,000
3. Brick Pavers 400 SF. ~
$5,000
!. Landscaping $3,170
a. Remove AustralLtn Pine Stump $250
c. Fill (Ssnd) 60 tad. $420
2. Seavall (Rip Rap) 1,600
3. Show,r, Ddnld~ Foum~in, W~ter
Meter & Co~cre~e S~b 4,250
4. BencMs (2) $400 es. 800
5. Bike lhck (Ribbon) 500
6. hutall Brick Walk & B~mch PMs 600 SI: 3000
$13,320
1. Removal of Australian Pines (3) 400
2. landscape (Palms) $00
3. Brick Pavers 4:50 SI: 2,250
4. B~k¢ lhck (P.u~bou) ~00
$3,650
1. Dune Wdknver Repairs S2,500
2. Lav-acape 0~) SOO
3. Brick Pavers 300SF 1,500
4. B~e P,J. ck (P-u'bbon) 500
$~,300
I. Landicaping rout Fence Ad~ustm~s 780
2. Brick Pa~ 4~ ~ Z~
S3~S0
I. Brick Pavers 350 SI: 1_750
$1,750
I. Redeck It Replace String~'s for handicap
deck and regular dune w~Ik over
2. Brick Pavers 250 SF
3. Bike Rack (PJbbon)
8,000
'1,250
$9,750
I. Brick Pavers 200 SF
2. Extend Sidew~k to mt~ Beach End 30'
1,000
$1.6OO
(D) 13
P,~E 83
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I Memo
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City of Naples, Florida
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TO:
I FROM:
I SUBJECT:
COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD
DON WIRTH, COMMUNITY SERVICES DIRECTOR ~b. cu.
ANNE MIDDLETON, BUDGET & i&NWESTMENT MAlS!AGE~
RESPONDING TO REQUEST
I DATE: JULY 7, 1997
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At your June Advisory Board meeting, Anne Middleton, City Budget Manager, and I reviewed
two City of Naples Capital projects for which funding support is being requested fi.om Collier
County. Specifically, we described two projects-beach access points (most having walkovers)
and Landing Park. Our appearance before your Board was at the request of the Collier County
Board of Supervisors.
'In order for you to act on any recommendation for funding, you requested that the City provide
more budget detail for both proposals. You also requested that the City identify the amount of
revenue generated at the parking meters by boat ramp users. That total is estimated at $2,000 per
year.
Although the City has identified the types of capital improvements needed at the 40 access
points, we have not completed specific plans for each site. Among the improvements that will be
typical for each site are the following: landscaping (trees, shrubs and ground cover) bicycle
racks, turf, rail fencing, sign,age, pathways (pavers, concrete or stone), walkover structures,
handicapped accessible features, concrete curbing, irrigation and water fountains.
Since no two access points require the same improvements, we are providing a prototype design
for your consideration. This design is typical ofthe type of improvements provided at each
location. Please see the attached prototypical design and estimated cost to complete the capital
improvement. We have shown the existing conditions and the proposed improvement. Az noted
in our previous submittal, we are proposing that the County match the City's $25,000 for 1998
and $50,000 for both 1999 and 2000. The total project cost is $250,000.
Landin_g.r.r~
Az we explained at your June meeting, the Landing Park Master Plan is a working document and
will receive final consideration and approval by the Naples City Council when the Pulling Park
plan is approved.
(O) 14
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16G2
Phase I of the Master Plan implementation, which is now under construction, has the following
Bulkhead $47,000'
Rip Rap 19,00O
Dredging 24,000'
Boat Ramp 164,100
Mobilization 26,000'
Filter Fabric 3.600
$283,700
*Amount allocated to Commercial Loading/Unloading Dock
Phase H of the Master Plan which will include remaining projects identified on the attached plan,
is as follows:
SIDEWALKS
9a Street South $7,222
North Loop 6,666
South Peninsula Parking 5.444
$19,332
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RESTROOM &
STORAGE BLDG.
LIGHTNING
PARKING
GAZEBOS
LANDSCAPING
RIP RAP
Restrooms 40,320
Storage 42,000
Access 21.000
$103,320
30 Lights ~nd Conduits S69,000
New Area~ 41,450
Overlay & Striping 22.600
S64,050
8 at S5,000 and Benches & Trash Cans
$40,000
Trees & Shrubs 38,071
Irrisation 15,000
Sod-92, 700SF 27,800
Fill 400 c.y. 3.00O
$83,871
500 Linear feet $38/foot
$19,000
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(D) 1.5
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Phase I of the Master Plan implemer~ation, which is now under construction, has the following
contracted costs:
Bulkhead $47,000'
Rip Rap 19,00O
Dredging 24,000*
Boa~ Ramp 164,100
Mobilization 26,000*
Filter Fabric ~
$283,700
*Amount allocated to Commercial Loadinff/Unloading Dock
Phase II of the Master Plan which will include remaining projects identified on the attached plan,
is as follows:
SIDEWALKS
RESTROOM &
STORAGE BLDG.
LIGHTNING
PARKING
GAZEBOS
LANDSCAPING
9~ Stre~ South $7,222
North Loop 6,666
South Peninsula Parking ~.444
$19,332
Restrooms 40,320
Storage 42,000
Access 21.000
$103,320
30 Lights and Conduits
New Areas
Overlay & Striping
8 at S5,000 and Benches & Trash Cans
Trees & Shrubs
Irri~tion
Sod-92, 700SF
Fill 400 c.y.
500 Linear feet $38/foot
$69,000
41,450
S64,050
$40,000
38,071
15,000
27,800
$83,871
$19,000
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_. (D) 1R
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TIlE LANDING
BOARDWALK
BAY PATIO
GRANT
RE^QUmEMENTS
DESIGN FEES
CONTINGENCY
From boat Ramp to NE Comer
South East shore Line
Preparation, Signage, fees
Engineering & Architects
5%
$50,000
530,000
S12,900
6,000
555,900
TOTAL Phase II Estimated Budget
$574,742
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Total Phase II Estimated Project Cost:
Planning, Pre-Phase I .................
Phase I (under eomract) .............
Phase Il (~d) ..................
TOTAL
Funding Sources (committed and proposed)
Collier County (previous authorization)
City of Naples 0Vlatch)
DEP Grant
City Funding Commercial Dock
Total Funds to Date
Collier County (proposed)
City of Naples (Match)
Total Proposed Funds
Total Funding Sources
Please notify us if you require additional information.
Attachment: Unadopted Landing Master Plan
Prototype Design-Beach Access
cc. Dr. Richard L. Woodruff, City M~ager
E~im~tdo¢
S26,843
$283,700
$885,285
$160,000
160,000
70,000
S445~85
$220,000
440,000
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A TYPICAL CITY OF NAPLES BEACH ACCESS
Gulf o! Mexico
DUNE WALKOVER 25'- 50'
DUNE VEGETATION
I~STE
, RECEPTACLES ~
DRINKING FOUNTAIN
SHOWER
FENCE
;' B~ICK OR WALKS
PARKING
FIFTH AVENUE SOUTH
CONCRETE
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RACK
BEACH ACCESS IMPROVEMENTS
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Fifth Avenue South beach access is one of forty locations in the City
of Naples which provide public access to the Gulf of Mexico. Simple
improvements such as a drinking fountain, shower pad, bike rack and
brick or concrete walkways cost $6,250. If similar improvements are
made to the other locations, a budget of $250,000 is necessary. There
are some beach accesses which are in serious need of walkways,
benches, seawall repairs, landscaping and walkover structure repairs.
70% of the steps and walkovers need stringer and boardwalk board
replacement. Examples of larger beach access points are at 8t~
Avenue South, 6t~ Avenue North, 7t~ Avenue North, 6'a Avenue South,
the Pier (12th Avenue South) and Lowdermilk Park. Improvements to
the beach access points will provide the citizens of Naples and Collier
County safe and easy. access to the beaches and the Gulf of Mexico.
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MEMORANDUM
To: Gary Franco
From: Bob 'l'itus/~
Date: June 10, 1997
Subj.: Audit of Cool Concessions at Tigertail Beach
9'/JUt~ ' 3
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We have completed a contract compliance audit of the Tigertail Beach Food and
Beverage Service Agreement, and, in our opinion, Cool Concessions, the
concessionaire, is in substantial compliance with the terms of the contract.
Of all the contract requirements tested by us, the concessionaire was in
compliance with the exception of one item: On an annual basis, the
concessionaire is required to submit a statement of gross receipts for the
anniversary year. The concessionaire did comply with requirement, but the
contract goes on to state that 'Said statement shall be certified as true, accurate
and complete by the Concessionaire and by an independent Certified Public
Accountant.' We saw no evidence supporting compliance with the requirement
that the annual statement be audited by a CPA.
The concessionaire has informed us that "a verbal agreement exits between
Cool Concessions and Collier County Parks and Recreation that the annually
(sic) audit by an indepentant (sic) CPA was deemed to (sic) expensive and
therefore not required.' (See copy of letter attached.) If this statement is true, we
recommend a modification to the signed contract eliminating that requirement.
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COLLIER COUN'I~ PARI~. ~ RECREATION DEPARTMENT
MONTHLY REPORT
JUNE' 1997
16a2
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CURRENT YEAR PRIOR YEAR
Facility Users 249,363 2,983,159 275,852 2,942,034
User Hours 200,703 I,I 18,371 150,627 1,110,489
Games 65 1,669 171 3,104
Special Events 2,029 45,579 1,506 31,733
Car Count 87,780 !,i 13,843 107.496 1.096.223
Revenue 153,499 1,064,625 125,650 970,625
Revenue-vend 4.676 37,085 3.697 26.439
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Users i 9,602 176,41 g 32,800 295,200
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CURRENrf I~=AR PRIOR YEAR
Car Count 45,064 523,927 32,726 460,423
Beach Users 108.151 1.252,887 . 78,538 1,102.848
Park Sites Visited 1,320 12,981 1,150 8,997
Personal Contacts 6,675 88,079 10,254 84,263
Interpretive Projects 4 150 I 0 42
Launch Car Count 39.480 333.510 23,323 265,430
Launch Users 93.991 798.640 55,972 637,267
Revenues Concess 11.603 114.656 55,729 79,153
Penn~ 500 1,250 :5 2,322
Launch fees 5,085 38,561 2,706 23, i 38
Paddng 25,$37 390,381 25,825 352,599
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RECRKATION SECTION MONTHLY REPORT
3lJ]~ I~?
I. ¢OLLI£R CO,NTt
A{~IIAFIC FAClLIT}'
Facilk,/Um
I~ Houri
Us~ Horns
R~'enue
Special
Fgil~
u~
S~ci~ Ev~u
Vchicle C~
F~il~' U~
U~ H~
R~tn~
S~i~ E~
F~ili~ U~
Um ~
Vehicle C~
C~ER
I~
U~
S~ Ev~u
VchJdc C~
IV, FET'ER. AN$ COMMUNIT~ PARK
249
16,210 Facility Users
26~ lnstmctk~l
33,199 U~er Hoar~
35~10
0 S~ Ev~
V~
~. ~A~ COMM~
Ill
~Z~ F~ U~
127 I~
~1 U~
7~61 R~
0 S~ci~
20.~ Vehkle C~
I I ~ F~I~ U~
16.~
0
6.~
COM~
I~,lll U~
7,g~3
0
517
249
I 0~ F~I~
312 ~ H~
7~
V~kb C~
372
24.262
I10
13.654
22J19
2OO
10,109
351
24.145
423
29~34
11,.153
0
10.352
2.559
2.571
1.077
0
29.490
7
23.00.1
236
7,979
996
1.3'/0
2,411
3,081
0
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To:
~fOITI:
Date:
Re:
Maria Ramsey Director
Department of Parks & Recreation
Mary Ellen Donner, Recreation Supervisor~______~'.".~'
July 1, 1997
Pool & Fitness Revenue Report
FY YTD FY YTD
94195 94/95 95196 95/96
OCTOBER Pod $4,232. $4,232. $3,262. $3,262.
F'~tnesstva tVa tVa tVa
Totals $3,262. $3,262.
NOVEMBER Pool $3,679. $7,911. $2,978. $6,240.
Fitness tVa tVa $4,447. $4,447.
Totals $7,425. $10,687.
DECEMBERPod $3,139. $11,050. $1,294. $7,534.
Rtness Na n/a $2,845. $7,292.
Totals $4,139. $14,826.
JANUARY Pod $3,872. $14,922. $2,878. $10,412.
F~ness tVa tVa $7,714. $15,006.
Totals $10,592. $25,418.
FEBRUARY Pod $3,815. $18,737. $4,603. $15,015
Rtness tva tva $4,082. $19,088.
Total., $8,685. $34,103.
MARCH Pod $10,309. $29,046. $6,675. $21,690.
Fitness tva tva $3,760. $22,848.
Totals $10,435. $44,538.
APRIL Pod $12,851. $41,897. $11,312. $33,002.
Rtness tva tVa $5,204. $28,052.
Totals $16,516. $61,054.
MAY Pod $16,846. $58,743. $15,256. $48,258.
Fr~ness rVa tva $4,030. $32,082.
Totals $19,286. $80,340.
JUNE Pod $19,396. $78,139. $20,540. $68,798.
Rtness tva tva $3.318. $35,400.
Totals $23,858. $104,198.
JULY Pod $12,936. $91,075. $18,424. $87,222.
F~ess tva tVa $5,181. $40,581.
Totals $23,605. $127,803.
AUGUST
Pod $11,664. $102,739. $17,195. $104,416.
Rtness ~a ~a $4,833. $45,414.
Totals $22,028. $149,830.
SEPT Pod $8,704. $111,443. $11,459. $115,875.
F~ness tVa tVa $10,078. $55,492.
Totals $21,537. $171,367.
Should you have any questions, please contact me.
(r) 24
FY
96/97
$3,509.
$5,567.
$9,076.
$3,122.
$3,912.
$7,034.
$3,889.
$4,342.
$8,231.
$6,291.
$14,867.
$21,158.
$8,254.
$8,191.
$16,445.
$18,771.
$5,396.
$24,167.
$13,784.
$6,978.
$20,762.
$26,016.
$6,919.
$32,935.
$35,210.
$8,077.
$43,287.
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YTD
96197
$3,509.
$5,567.
$9,076.
$6,631.
$9,479.
$16,110.
$10,520.
$13,821.
$24,341.
$16,811.
$28,688.
$45,499.
$25,065.
$36,879.
$61,944.
$43,836.
$42,275.
$86,111.
$57,620.
$49,253.
$106,873.
$83,636.
$56,172.
$139,808.
$118,846.
$64,249.
$183,095.
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PARK RANGER PROGRAM
MONTHLY REPORT
/UNE 1997
ADMINISTRATION: Routine administrative, evaluations, scheduling.
FIELD OPERATIONS: Routine patrol of beaches and parks, enforced Ordinances, assisted park visitors,
collection of monies from meters, bank delxnits, commissioners packet delivery, restroom maintenance at
beaches, trash and debris maintenance on beaches, boardwalks and parking lots. Maintained mounted
patrol, vehicles, interpretive programs, beach party at Vanderbilt Beach set up and clean up.
Barefoot Beach Access 5.254 61,384 12,609 146,251 602 19,549
Barefoot Preserx'e 5,649 84,019 13,557 201,64 1 5,838 I 01,927
Clam Pass Parki3136 8,575 109,800 20,580 262,072 3,484 44,1 ! I
Tigertail Beach 8,010 121,740 19,224 292,173 11.340 165,658
Vanderbilt Beach 8,885 79,350 21,324 188,436 1,782 21,757
North Gulf Shore 7,7.34 44,550 ! 7,361 106,917 152 2,020
South Marco 1.457 23,084 3,496 55,397 1,21 g 21,260
Vanderbilt Bch Rd Meters 1.49_0 14.098.
TOTALS 45,064 523,927 108,151 1,252,887 25,836 390,380
CITATION REVENUE
OAT L H F ClL
220 10,640
Bayview Park 2,528 40,888 6,067 98,128 976 9,428
SR951 2,464 21,566 5,913 51,451 0 0
Caxambas 2,220 26,667 5,325 63,987 0 0
Lake Trafford 11,598 68,382 27,835 163,659 0 0
Cocohatchee River Park 20,770 176,007 48,848 421,415 1,869 13,916
TOTALS 39,480 333,510 93,991 798,640 2,845 23,344
*Users = car count x 2.4
1,320 12,981 6,675 88,079 4 150
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P~J~ ]~[AINTENANCE SECT[ON
June 1997
* Tigertail restroom renovation project work order submitted to BCC for approval.
Work to begin August I, 1997.
· Resodding of the soccer field at Vineyards complete.
· ENCP football/soccer field is currently being repaired and will be back in service
August 14, 1997.
· Construction of the skateboard facility in E-'NCP ha~ begun. Completion date August
1997.
· Executive Summary submitted for BCC approval relative to the dasher board and
lighting installation relative to Veterans Park roller hockey rink.
· Clam Pass parking and improved drainage project underway. Completion date
August 1997.
· Site amenities ~elected for Sugden Regional Park.
· Master Plan completed for Sotc~h Naples Community Park.
· McCloud Park in Everglades City is receiving resurfacing oftennls and basketball
courts in August 1997.
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The purpose of this policy is to ensure maximum use of facilities, outdoor areas and
programs in Collier County and provide equitable fees and charges collected bom users of
such facilities, outdoor ~ or programs.
The Parks and Recreation Dir~or, or designee, may waive enforcement or application of
any of these regulations or restrictions with respect to any facility, omdoor areas, or program
provided such waiver does not interfere with public safety or enjoyment. No fees may be
waived. No non-government entity shall charge an admission fee to any out of doors event
including Aquatic Facilities. The Board of County Commissioners shall set fees and
charges for all facilities and programs.
Consistent with Collier County's policy of ensuring all citizens equal opportunity to
participate in programs, any resident requesting special consideration must substantiate to
the Parks and Recreation Director proof of financial need. All information provided is not
confidential but will be used only for the purpose of establishing reduced or waived program
fees. Rates and charges can be modified on a case by case basis if approved by the Director
of Parks and Recreation for special promotional sales and advertisements.
A. acili License eft iionsan e
ut~!lE4i!!Zt~l!~ Open space or land owned or leased by the Parks and Recreation
Department. Such outdoor areas shall include, but not limited to, sports fields,
playgrounds, swimming pools and/or other park and recreation land areas, excluding
Golden Gate Community Center. (As to Golden Gate Community Center, refer to
Section, O herein). Outdoor areas shall be used for those purposes designated or
implicit in their character. Any deviation from normal appropriate use shall require
express prior permission from the Parks and Recreation Director or designee.
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~ Buildings and dwellings owned or leased by the Parks and Recreation
Department. Such facilities include, but are not restricted to, community center areas
and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and
Recreation structms, excluding the Golden Gate Community Center. (As to Golden
Gate Community Center, refer to Section O, herein). Facilities shall be used for those
purposes designated or implicit in their character. Any deviation from these intended
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normal uses shall require express prior permission from the Parks and Recreation
Director, or Designee.
r.P_Lqg__~ Recreation activities conducted on land or in facilities owned or leased by
Collier County. Such activities include, but are not restricted to, athletic, clinics,
instructional, interpretative, ~-rninar~ - preschool, youth, adult, senior and special
populations. Any deviation from these intended normal uses shall require express
permission from the Parks and Recreation Director, or designee.
~ Parking lots at Collier County beach parks and access. To
include, but not limited to, the following: Tiger~ail Beach, Barefoot Beach Access,
Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and
South Marco Beach Access.
a V ' ' · Parking lots at Collier County owned and operated boat
launch facilities to include, but not limited to, Bayview Park, Cocohatchee River
Park, Caxambas Park.
B. USER CATE R ES- PP I DO R ND UTDOORAREAS
Goverranental entities are not subject to fees. All other facility users shall have their fees
determined by the category of the entity. The two categories are:
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CATE~FederallncomeTax ~eistered harities Not-For-
A. Federal Income Tax Exempt Entities. $5.00 per hour license fee
Groups which are exempt from taxation under any subsection of Section 501(c) of the
internal revenue code.
B. Specified Sales Tax Exempt Entities. $5.00 per hour license fee
Those entities which are exempt from Florida sales taxes pursuant to Subsection
212.08 (7), Florida Statutes as a home for the aged, nursing home, hospice, or as an
organization whose primary purpose is to provide special educational, cultural,
recreational, or social benefits to minors, or is a religious, charitable, scientific,
educational, or veteran's organization.
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C. Local Not-For-Profit Groups. - $5.00 per hour license fee
Entities, irrespective of tax exempt mm, which are not-for-profit corporations,
organizations or other not-for-profit entities that are of Collier County origin, have
their principal location in Collier County, at lea.sa fifty percent (50%) of the group's
membership are residents of Collier County with a primary purpose to provide social
services to others or to protect interes~ outside of the group, such as the environment,
endangered animals, disadvantaged persons, or some other similar external interest.
The primary focus of these groups is outward looking and away from the personal
interests of the group's members.
D. Other Local Not-For-Profit Groups - $5.00 per hour license fee
Those entities, irrespective of tax exempt status, which are not-for-profit corporations,
organizations or other not for profit entities that are of Collier County origin, have
their principal location in Collier County, at least fifty per cent (50%) of the groups
membership are residents of Collier County, but the group's primary purpose is not to
provide social services to individuals who are not bona fide members of the group or
is not to protect interests outside of the group. This category includes property.
owners' associations, political groups, and all other special interest oriented clubs
such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp,
coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs,
groups or organizations. The primary focus of these groups is inward toward the
group's members.
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E. FundRai in ct'v'tie:
Each Category I individual, group, organization or entity involved in any fund raising
activity must pay full fees. Fund raising activities include:
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I. Charging in advance for an admission ticket or requiring any tangible thing of
value for admission to, or to participate in, any activity at any County parks
facility, or,
2. Requiring any donation of money or any other tangible thing of monetary.
value, or,
3. Selling or bartering any tangible thing of monetary value
nd 'i activifi o ot'nclude:
I. Season sign up fees for persons to join league as a team member or team
participant.
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The ~ale of educational materials for ~ as s~udy materials for students
attending cla~s conducted at the park facility. Such sales must be at or below
the seller's actual costs.
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A. Each individual, group, organization or entity that is not within Category I.
IV..F~g_~_T~~ - (All fees are exclusive of sales taxes).
(excluding league, practice and Special Facilities i.e. Swimming pool etc.)
Facility Type Type of Usage Rate Per Hour
Indoor Facilities per Room General - $5.00
Gymnasium any size $30.00
Outdoor Facilities & Pavilions General
$ 5.00
Athletic General $ I 0.00
Lights $ I 0.00
FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE
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-B. ~
I. FACILITY RATES
(Excluding Special Facilities i.e. Swimming Pools etc.)
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Facility Type Aren in Sq. Ft. Base Hourly Fee Deposit Required
Indoor Under 1500 $25.00 $ 30.00
Indoor 1500 - 3000 45.00 50.00
Indoor 3000 & Over 60.00 70.00
Gymnasium 60.00 100.00
Oatdoor small area 10,00 25.OO
Outdoor large area 20.00 35.00
Football/Soccer/Softball/Baseball 45.00
Little League/Sports Pavilion/
Roller Hockey
Basketball/Racquetball/Volley ball 12.00
Tennis Court 12.00
Lights ! 0.00/hour
FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE
C. dd'tio a .' ate ori an
50.00
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Description
Rental during non-business hours (hours
that are not normal departmental operation)
Additional Fee Per Hour
$20.OO
Additional non-security staff members
15.OO per staff member
Light fees (where not specified)
10.OO/hour
Additional security staff members
Special requests or additional clean up
required
20.00 per hour fee determined by
department, based on cost
Per hour fee determined by
department, based on cost
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D. yehicl~
Beach and boat parking facilities, including but not limited to. Barefoot Beach Park.
Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access.
Tigertail Beach, Soulh Marco Beach Access, Cocohatchee, Bayview Park, and
Caxambas Park have a fee, inclusive of sales tax, at a rate of $3.00 per day. Collier
County residents with beach parking permits will be exempt from the $3.00 per day
fee.
Collier County residents may obtain a beach parking permit at no charge. Vehicles
with permits will not be charged a fee. Boat vehicle parking permits may be
purchased by all residents or visitors for an annual fee of $60.00. Permits are
available at all Collier County Parks and Recreation communiD' centers.
C '~~ ~ cn'nu ti nw'thRenal
A $25.00 fee per day or 2(P/~ of gross revenues per day, whichever is greater, for
each concession booth or location.
2. Concessionaires contracted by the County to serve the general public will pay a
negotiated fee in lieu of the general facility use fee schedule.
3. Organizations operating concessions for leagues will be charged $3.00 per hour
o f operation.
I. Marketing fee of $$.00 included in, but not limited to, the following,
instructional classes meeting more than once, special instructional programs.
After School Camps, County. Athletic Leagues.
2. Pay per class programs, pay a marketing fee orS1.00 per visit per person
Instructional Fee__s
1. Programs Fee Assessment: per hour or per participant basis.
2 .Non-Stafflnstructor: marketing fees and any costs for supplies and equipment
will be subtracted from the class fee and the balance of the funds will be split
between the non-staff instructor and the County on a 70% (non-staff instructor) -
30% (County) basis.
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Program
Minimum Registration
Fee per Participant per League Play
Adult $2g.00
Youth 28.00
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Fees applicable to Category I users only
League Type Fee Per Participant
Per League Play
Adult $28.00
Youth $.70c per registered youth per week of league play
(includes play offs or all-star play)
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Description
Non-Refundable Deposit OR
Cancellation Fee
All Category I groups will be charged
With lights
Fee
$25.00
I 0.00 per hour
15.00 per hour
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All Category II groups will be charged
With lights
15.00 per hour
20.00 per hour
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Clinics:
I. 70%-31Y/. split between group or individual and County (30%)
2. Hourly rote for facility fund raising
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1. ~ (fees exclusive of sales tax)
Tennis
Indoor Racquetball
Lights
S12.00 per court per hour
6.00/1.5 hour per person
3.00 per hour
Annual Permit Fees (fees exclusive of sales tax)
Annual Permit, Junior 50.00
Annual Permit, Adult 175.00
Annual Permit, Couple 250.00
Annual Permit, Family 325.00
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· Permits sold to Collier County residents only
Equipment Rental (fees exclusive of sales tax)
Racquets $ 2.00/I.5 hour
Ball Hopper 2.00/1.5 hour
Ball Machine 8.00/1.5 hour
Room Rental - Based on County Fee Policy
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Instruction Fees (fees exclusive of sales tax)
Private (1 hour) $40.00
Private ( ½ hour) 25.00
Adult Group 40.00/participant
Jr. Tennis Class 40.00/participant
*Instructional fees include a S5.00 marketing fee.
5. Programs and Special Events
Fees determined by formula: minimum 10% over cost
Retail Sales Fees
Retail sales items standardly marked up 50%-100% depending on local market
prices and industry standards. The minimum mark up is 50°4 and the maximum
mark up is 175%. Merchandise in inventory more than two years or damaged
merchandise may be priced below the minimum 50% mark up.
(¢) ~s
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J. ' .... - a I d okalee_ Everyone pays aquatic
facility rates.
1. F, tEI:RRt.LF..~ (includes sales tax)
Under 3 yrs Youth (3-17 yrs) Adult Senior (60+yrs)
Naples Free $2.00 $2.50 $2.00
Immokalee Free 1.00 1.50 i.00
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P~s Fees (exclusive of sales tax)
Type Youth Adult Senior
Naples 3 month $40.00 $60.00 $40.00
lmmokalee 35.00 55.00 35.00
Naples Annual 60.00 80.00 60.00
Immokalee 50.00 75.00 50.00
Family
!00.00
90.00
225.00
210.00
Children's '/i hour classes $35.00/parficipant
Children's ~ hour classes 40.00/participant
Adult g hou~ classes 40.00/participant
*Instructional fees include a $5.00 marketing fee
~ (exclusive of sales tax)
Each pool includes one staff member. Additional staff: $10.00/hour per lifeguard.
Main Pool Entire Main Pool Slide Activity Pool
$30.00/hour $60.00/hour $30.00/hour $30.00/hour
Public Schools are fee exempt, however they ar~ required to pay $10.00/hour
per lifeguard or instructor, if not during regular operating hours.
K. oi u ' - d
1. ~ (exclusive ofsales tax)
Daily Walk in fee $4.00
2. P~s Fees (exclusive of sales tax)
Month 3 Months Annual
35.00 70.00 160.00
(Additional immediate family members
including students under 24 years)
$75.00 each additional annual
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$200 per person
$100 each additional family member (upD...~..Y.~[~
M t '
Discount does not apply to additional family members
Based on employee participation.
5-9 20%
10-24 40%
25 and above
N. oIlierC un u d ch I rams
I Summer Camps Naples/Marco
First child $400.00
Immokalee/Everglades
$300.00
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Additional child (same household) 350.00
3 Week session only 175.00
· Summer Camp has no marketing fee.
After School Camps Naple~/Marco lmmokalee
Entire school year cost $760.00 $380.00
Transportation cost per week 5.00 5.00
I Day Camp 15.00 15.00
250.00
125.00
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Easter Camp - per week 55.00 40.00
Christmas Camp - per week 55.00 40.00
· Holiday Camps and After School Programs include a $5.00 marketing fee.
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O. t °
1. Golden Gate Taxing District Boundaries:
West Boundary: Santa Barbara Blvd. To Logan Blvd. To 1" Ave. SS
East Boundary: Canal 1 mile east of County Road 951
North Boundary: 1'~ Ave. SW over 951 Bird and White Bird to the canal located
I mile east of County Road 951
South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara
· Organizations in classes I, II, III, or IV declaring themselves as district must
show proof of at least 50% membership within the taxing district.
Class I: Charitable, Not-For-Profit organizations
Class II: Not-For-Profit organizations
Class III: Civic or Governmental organizations
Class IV: Commercial or For-Profit organizations and any other group or
individual.
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Auditorium: $200.00
All Other Rooms: 50.00
Rental Fees
A. Rooms A,B,C,D, Annex 1,2 and 3
Category Golden Gate Taxing District
Class 1 No charge
Class 2 No charge
Class 3 No charge
Outside of Taxing District
No charge
Fee approved by Community
Center Advisory Board
No charge
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Class 4 $6.00/hour
B. Auditorium
$12.00/hour
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Category Golden Gate Taxing District
Classes 1 & 3 No charge
Class 2
Class 4
Fee approved by Community
Cen~r Advisory Board
$20.00/hour until 10:00 pm
S40.00/hour after 10:00 pm
Outside of Taxing District
No charge
Fee approved by Community
Center Advisory Board
$60.00/hour until ! 0:00 pm
$80.00/hour after I0:00 pm
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C. Gymnasium - Fees Governed by the Parks and Recreation License Policy
Category
Class 1
Fund Raising
Class 2
Fund Raising
General Fee
$30.00 per hour any size
$20.00 added to hourly rate above
$60.00/hour any size.
$20.00 added to hourly rate above
Classes III, IV will be required to pay sales tax.
A. in ' v
These provisions apply for any event where alcoholic beverages will be available.
No alcohol may be made available without a valid Certificate of Insurance on Hie
at the Golden Crate Community Center.
User categories Class I and Class II, as previously defined in 0(2), the user
must present a General Liability Policy for the date of use which specifically
includes contractual liability and host liquor liability in an amount not less
than five hundred thousand dollars ($500,000) at least four (4) weeks prior to
the event. As determined by the County Risk Management Director, in the
event of above average exposure five hundred thousand ($500,000) liability
coverage shall be required. In the event of unusual or high exposure one
million dollar ($1,000,000) liability shall be required.
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B. al o '
In the event any user intends to sell alcoholic beverages, they will be required to
meet all State requirements regarding the sale of alcohol and obtain all required
permits. Copies of said permits shall be filed with the Center Supervisor. The
Center Supervisor shall contact Collier County Department of Risk Management
for insurance requirements.
C. I e i ' c i ev ·
1. It is the responsibility of the user that no alcoholic beverage shall be allowed
outside assigned meeting room(s) auditorium.
2. The user is responsible to ascertain that no alcoholic beverage shall be served
to any person under the age of 21.
3. The user shall be responsible for the behavior ofany parties with the user's
group.
4. The user shall be responsible to assure that no alcoholic beverages are served
during the last thirty (30) minutes of user's scheduled event.
5. The user will be responsible for supplying a Certificate oflnsurance at least
four (4) weeks prior to scheduled event (see insurance provisions).
6. The user will be responsible to comply with Florida Statute, Chapter 562.
7. The user must abide by all other operational policies and procedures of the
Golden Gate Community Center. Any violation can result in termination of the
event.
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~(MIBIT 'B'
1662
FacLlity/Outdcx~ Area
.Spe:ific ~zea (s)
**For
Data of U~a:____/____/~ T/fa Usa ~ at_____ ar~ ~ds at
Pur~c. ~a cf Usa: ----------
0 - 1,500 Sq. F~. $_
3,000 + Sq. Ft. ~
1,500 - 2,999 Sq. ~c. $ -
(~xulu~/ng deposit)
(C) ~
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~~-nt Offtci~_l-------~-----
~:000~20
(G) 42
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16G2
EXHIBIT "C"
COLLIER COUNTY PARKS AND RECREATION
STANDARD CONCESSION AOREE~NT FORM
All organizations must have an approved league schedule and sign a Facility Use Permit from
the Department of Parks and Recreation.
Concessions are permitted to operate only during regular scheduled league play. Any
additional operation of the concession must be approved in advance by the Parks and
Recreation Director of designee.
Organizations must obtain all Federal, State, and / or local health department permits, or any
additional permits required to operate the concession. These permits / licenses must be
displayed at the concession.
4. Organizations may not sub-contract or otherwise delegate the operation ofany concession to
a third party without the approval of the Director of Parks and Recreation.
5. Organizations shaIi each day police and clean any common area of debris and litter in
connection with the operation of the concession and must place debris and litter in the
containers provided by the Parks and Recreation Department.
6. Whenever two or more organizations are scheduled for league play during the same season,
each organization may operate their ovna concession stand, or may operate jointly or alternate
seasons for years by agreement between the organizations. Each such agreement must be
reviewed and approved by the Director of Parks and Recreation.
7.
7. ce s' rat' v ed v e [ and lati ns ofthe Parks and
at'' · o
8. Organizations must have first aid kits available an site.
9. Organizations must carry appropriate insurance and liability as required by the COllier
County Risk Management Department Policies.
I 0. Organizations must submit a menu and price list of items to the County Parks and Recreation
Department for review and approval.
Signature/Title
Organization
Collier County Parks and Recreation,
Director or Designee
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PARKS AND RECREATION ADVISORY BOARD
MEETING SCHEDULE
I. *July 30, 1997, meeting scheduled at East Naples
Community Park, 3500 Thomasson Drive, Naples,
Florida, at 2:00 p.m.
August 27, 1997, meeting scheduled at Cocohatchee
River Park, Vanderbilt Road, Naples, Florida, at 2:00
p.m.
September 24, 1997, meeting scheduled at Immokalee
Sports Complex, 505 Escambia Street, Immokalee,
Flor/da at 2:00 p.m.
October 22, 1997, meeting scheduled at Veterans
Community Park, 1900 Immokalee Road, Naples, Florida
at 2:00 p.m.
Meeting dates could be changed due to holidays observed. PARAB
members will be notified 2 weeks prior to meeting date in the event of a
change.
MEANS A DATE OR A LOCATION HAS BEEN CHANGED.
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The Adopt-A-Park Report is provided by the Parks and Recreation Advisory Board.
Each PARAB member visits their adopted parka and gives a detailed report of the
parks condition. The purpose of this report is to help Parks and Recreation
Department to continually improve in maintaining park facilities.
Tim Blackford:
Billie Cheney:
(:;il Mueller:
Gayle Stan:
Elaine Wicks:
Joseph Zaks:
a. Veterans Community Park
b. Clam Pass Community. Park
a. Immokalee Community Park
b. lmmokalee Recreation/Aquatic
¢;olden (;ate ('nnlm,nil.~ Park
h. (;ohlen (;;tie {'ommtmif.x ('e/lief
c. Max .A.. liable .Jr.. ('omm,nit.x i'ark
a. Frank Mackle Community Park
h. Tigertail Beach
c. Collier County Racquet Center
a. Cocohatchee River Park
b. Lely Barefoot Beach
a. Vineyards Community Park
b. Bayview Community Park
Completed on 6/25/97
Report on 8/27/97
Report on 10/22/97
Report on ! !/26/97
Report on 12/17/97
a. Sugden Regional Park
h. East Naples Community Park
Report on 7/30/97
(n) 44
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! F.Y.I.
Department o{ Collier Count9 Park and Recreation
June 1997
On Frida9 June 6'~, the golden gat~ ¢ommunlt9 Center and ~e ~olden ~a~
~iwani, ran an 'end ~ ~e 9ear dance' {or Mldd~ gchool ~. ~0
a~nded ~e 3 hour ~en~
gaturda9, June 7~, ~ ~o~en 6a~ ~uafic Comp~x ho~d an out ~ ~chool
ba~h from 12~0 - 4~ ~. Over 1,~00 ~op~ a~nde& ~ere were
~ee ~oda and va~o~ con~.
gagurda9, June 14~, ~e ~oMen ~a~ Aquatic gomplex held a ~en nt~h~ 250
local area ~ a~nded. ~ event wa~ fn~d b~ a ~ttie ral~ but
afar a twen~ mtnu~ ~rlude, ~e pa~9 wa~ back on.
Men's 5 x 5 b~aO ~a~e began at ~e 6olden ~a~ Communlt9 ~en~r
on June 16's. ~e Ma~e if made up ~ 6
~ 6o~sn 6a~ Comm~l~ tenet hs~ a Teen event on June ~1". 200
~enaffet~ ~med ~t for ~e pa~.
~aturdag, June 21~ ~e 6o~ 6a~ Aquatic ~omplex ho~d l~' fir~
gp~nffboard Pi~ ~om~o~ ~en~ nine bog~ and ~,~ from Miami
and Nap~ area comped on 1 m~t and 3 m~t boatd~. ~e faciH~ and
event received nice media c~etaff~ b~ In gaper and Fo~
~e ~tand Openi~ Ceremon~ for ~e ~olHet ~ount9 Ra~u~ Cen~z wag
hel~ on June 26'. At.nd 60 people a~nded ~e grand O~ni~. A
robin an~ ~al clinics ~ok
~sh Fln~ezs ~c. o~ned a conces~on at ~ocoha~hee River Park on June
27'~.
~e s~b has been ~uzed and in ~d~ {ut ~e roller hocke9 dnk at V~ran~
~ommuni~ Park
Concluded Men'e gpd~ g~aB ~a~e and P~. A ~1 ~ 2g
pa~pa~ A~zo~ma~19 39~ pa~pan~ and ~64 ~ames wet~
Concluded Co-~ gp~ g~aH ~a~e and P~9~. A ~1 ~ 29
pa~clpa~d. Appro~ma~19 406 pa~clpan~ and 5~0 ~ameg were
Be~an ~nual gummer Food ~am (14
~sl~d in gummer Fun Run ~am at Ba~on ~o~et High gchool
Co-gpo~ozed ~ Marco ~hnd gpo~ Fe~val g~tbaO Tournament
Co-g~oted ~e AgA ~lt~ g~aO Tournament at 6~CP.
~e Pat~ and Recreation Pepa~ent co-~o~oted ~e ~mo~lee
gchool ~oje~ ~zaduafiom Over ~00 ~den~. volun~er~, and paren~
enjoged ~e ~n~d acfi~e~ phnned b9 ~e ~ff.
I fn) 46
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· gummer Pow Wow wa. l~ld in lmmokal~e. Over 4~0 ~hl~ren i~nded
· A~o~ 700 chi~r~ are re~red in Naplea and Marco ~nd for out
~umme~ P~M Camp.
· ~ix~ nine chlM~en are te~:ed fo~ ~umme: ~9 Camp at ~e ~mo~lte
~ommuni~
· ~ ~mo~e ~ Comp~x ~ ~eceived ~6,~00 ~om pdva~ ~oups for
~e fo~ adm~doM at ~ ~l ~ ~umme~.
· ~mo~e', Fg~ ~ ~ Ps~k ~ domed ~2,~00 ~ help ~ some park
improvement.
· ~e ~oMen ~a~ gomm~l~ g~ Is ~M[~ a NACCP comm~l~ ~en
0ommunl~ C~t ~ 9~ ~ - 12~0 mt~hL
q~
(a) 47
DATE:
PLACE.'
TIME:
z=~z RECEIVED
~ ~, z~7 JUN 2 1997
S~I~S BUI~ING, 2~ ~R, R~M 216
4:00 P.M.
CALL MEETING TO ORDER
II. ROLL CA[&
III.
IV.
APPROVAL OF MEETING MINUTES - MAY 12, 1997
ANNOUNCEMENTS
V. OLD BUSINESS
a. EPTAB's Consolidation (Update)
b. Voting Requirements (Update)
c. Exotics Report
VI.
a. STANDING COMMITTEE REPORTS
(1) Steering Committee - Mike McGee
(2) Resource Protection - Mike Simonik
(3) Growth Management - Mike Delate
b. SPECIAL PROJECT COMMITTEE REPORTS
(1) NRD Budget - Bill McKinney
VII.
NEW BUSINESS
a. Budget Priorities
VIII.
PUBLIC COMMENT
IX.
WDL/gmm/Z0786
ADJOURNMENT
Hancock
Coflstant
/~ac '[ fe
8err~
)/,isc. Corres:
Item,: /~"'~, '
Copies To:
Tuesdm/. J~me 03. l~J? 07:4'J:~ ~
P~i~ I ~ I
16G2
RECEIVED
DATE:
PI.ACE:
TIME:
JUN 3 f 97
,AIRPORT AtrTItORITY
AGENDA Board of County Commissioners
June 9, 1~
~o111~ C~ C~ ~I~, 3301 F. T~mi,ml T~il, Admln~t~ Bufldin~ 3~
I:~ P.M.
Any ptnon who deckles (o appeal a dedskm ofthk Afrport Au~hority will need a record
of the proceedinfs pertoininJ ibet~o mM villi need to ensure (h~l t v~,~bt~hn record of
~be prereedlop is tmde, wbk'b r~rerd 4 Iodide d k, Jebuea7 md e~de~e elMo
which ~he oppe~l is to be btsed.
I. Ca. Mcc~inf fo
I1. Approval of
Admmbtra~
a. AJrpofl Rulcs&
b. Lr~ductJ~ of Fimncc MJna fcr
¥. Evcrs]adcs
b. Ap~b f~ Al~mi~ Pmpc~
c. Co~ m ~ i~ T~I Porch
~. Mo~luflo Control
L
b. Loc.~liz~DME
VIII. Old
L~. N~w
.~
Misc. Corrc.s:
/5.4.
~opie~ To:
6G2 1
COLLIER COUNTY GOVERNMENT
COMMUNITY D~F, LOPMEN~r SER%qCES D SION
2800 NOIITtt HORSESHOE DRIVE
NAPLES. Fl, 35942
d.)4 I) 643-8400
A ('£RTIFI£D BLU£ CHIP COM.MUNFVY
July 28, 1997
Mr. Michael Zimny
Bureau of Hiswric Preservation
R.A. Gray Building
500 South Bronough Stroh
Tallahassee, Florida 32399-0250
RE: Collier County Pre~rvation Board Meeting
Dear Mr. Zinmy:
This letter is to inform you that the Collier Coumy Historic and Archaeological
Preservation Board will hold lheir public heating on Friday, August g. 1997. I have
enclosed a copy of the agenda for you~ rtwiew and records.
If you have any questions or concexns regarding this meeting, please do not hesitate to
contact me at my new number:. 941M03-2469.
Very truly yours,
Ray Bellows
Principal Planner
(CLG Coordinator)
His~n'ic I~afio~'RVB/rb
CC: Vincent A. Caut~ro
Ron Jamm
Robert Mulhcm
Nancy Siemion
Preservation Board
AGENDA
COLLIER COUNT"f HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
WILL MEET AT 9:00 A.M., FRIDAY, AUGUST 8, 1997, IN THE
GO~ CENTER COMPLEX MUSEUM, AT 3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA:
ANY PERSON WHO DECIDES TO APPEAL A DECISION
OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE
HAPB WILL BECOME A PERMANENT PART OF THE
RECORD. THESE MATERIALS WILL BE AVAILABLE
FOR PRESENTATION TO THE BOARD OF COUN/"f
COMMISSIONERS.
ADDENDA TO THE AGENDA
APPROVAL OF MINUTES: July 18, 1997
PLANNING SERVICES DEPARTMENT REPORT:
A. Archaeological Training For County Staff
OLD BUSINESS:
ao
Tamiami Trail~Scenic Highway - Update
Robert,s Ranch - Review Application for Historic
Designation
D.
E.
F.
H. Nehrling's Tropical Gardens and Arboretum
Captain Horr's House National Register Application
Historic/Archaeological Guide Map
Morris property in Chokoloskee
5. NEW BUSINESS:
the Survey and Assessment.
6. DISCUSSION OF ADDENDA
7. ADJOURN ~/
Hancock _~ '
Coest&etln~
Petition No. PUD-97-10 (Bay West PUD)- Waiver of
Misc. Corres:
Date: ~
Copi~ To:
1 6G2
COLLIER COUNTY GOVERNME1VITM
COMMUNITY DEVELOPMENT SERVICES DMSION
July 18, 1997
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 55942
(941) 64.5-8400
CERTIFIED BLUE CHIP CO.MMUNrI'Y
Mr. Michael Zirnny
Bureau of Historic Preservation
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RE: Preservation Board Meeting
Dear Mr. Zimny:
This letter is to inform you that the Collier County Historic and Archaeological
Preservation Board held their public hearing on FHday, July I$, 1997. I have enclosed a
copy of the minutes for your review and records.
If you have any questions or concerns regarding this meeting, please do not hesitate to
contact me at my new number:. 941-403-2469.
Very truly yours,
Ray Bellows
Principal Planner
(CLG Coordinator)
Historic Preserv~ion~VB/rb
cc: Vincent A. Cautero
Sue Filson
Ron Jamro
Robert Mulhere
Nancy Siemion
Preservation Board
16G2
MINUTES
COLLIER COUNTY NISTORIC]%L/XRCHAEOLOGICAL pRESERVATION BOARD
Meeting of July 18, 1997
i~ .... L 3 19~7
Present: Diane Gonzalez, Chairman Staff'. Ray ~Be~lows
Thomas Franchino KimberlY Polen
John Thompson
Deborah Jones Cox
David Driapsa
Lora Jean Young, Vice-Chairman
Absent: Laura Rupp Burke
Others:
Vice-Chairperson Lora Jean Young called the Preservation Board meeting
to order at 9:05 A.M.
~tDDENDA TO ~GENDA:
A. Preservation Conference Information
~PPROVAL OF MINUTES:
The Board voted 6 to 0 to approve the June 13, 1997 minutes subject
to a minor change to Item "A" under New Business to add: "if required
by the Preservation Board" at the end of the first sentence.
PLANNING SERVICES DEPARTMENT REPORT:
· Ray Bellows, Principal
A. Planner, stated that Vince Cautero appears to be in favor of
providing some additional archaeological training for all involved
site inspecti~n staff. Me has asked Wayne Arnold to look into various
training options that will be most cost effective. The Board voted to
send Mr. Cautero a letter asking him to keep them informed on the
status of the requested training· In addition, several members have
requested to attend this training session if it is possible·
The Board also approved a draft letter that will be sent to the new
County Manager welcoming him to Collier County. The letter also
provides a general overview of the accomplishments of the
Preservation Board. Ray will forward the original letter to Diane
Gonzalez for her signature. A copy of this letter should also be sent
to Vince Cautero.
OLD BUSINESS:
A. m e w : The results of FDOT's review will be
provided as new information is obtained. Misc. Corre~
-~-
Date:
Item~f
Copie~ To:
COLLIER COUNTY GOVERNMENT
1997
COMMUNITY DEVELOPMENT SERV1CE~ DIVISION
J~c23,1~7
2800 NORTH HORSESHOE DRIVE
NAPLES. FL 33942
(941 } 643-8400
A CEETIFIED BLL'E CHIP COM M L .~TTY
Mr. Michael Zinmy
Bureau of Historic Preservation
R.A. Gray Building
500 South Bronough Str~-t
Tallahassee, Florida 32399-0250
RE: Preservation Boaxd Meeting
Dear Mr. Zinmy:
This letter is to inform you that the Collier County Historic and Archaeological
Preservation Board held their public hearing on Friday, June 13, 1997. I have enclosed a
copy of the minutes for your review and records.
If you have any questions or concerns regarding this meeting, please do not hesitate to
contact me at my new number:. 941-403-2469.
Very truly yours,
Principal Planner
(CLG Coordinator)
Historic Preser~atlon~VB/rb
cc: Vincent A. C~utero
Sue Filson
Ron Jamro
Robert Mulhere
Nancy Siemion
Preservation Board
x'rNUT~S
R F,:7": E;VED
~esting of ~une 13, ~997 '' :
Present: Diane Conzalez, Chairman
Thomas Franchino
David Drtapsa
Laura Rupp Burke
Deborah Jones Cox
Lora Jean Young, Vice-Chairman
Absent: John Thompson
Staff: Ray Bellows
Nancy Siemion
Ron Jamro
Kimberly Polen
Others: ~t Lee
Charlie Strader
Mary Ellen Rand
Chairperson Diane Gonzalez called the Preservation Board meeting to
order at 9:10 A.M.
ADDENDA TO AGENDA~
A. Collier County's 75th Anniversary - Ray Bellows
B. Preservation Workshop in Tampa - Ray Bellows
APPROFXL OF MINUTES~
The Board voted 6 to 0 to approve the May 9, 1997 minutes.
PLANNING SERVICE8 DEPARTMENT REPORT:
A. ' Ray Bellows, Principal
Planner, stated that he sent Vince Cautero a memo concerning the
Preservation Board's motion requesting that some training be provided
to all County staff involved in site inspections during the
construction phase. The training is intended to assist staff to
determine if any archaeological sites or artifacts are being impacted
by construction. Vince has not responded at the time of this meeting,
however, Ray will discuss this issue with him prior to the next
meeting.
In addition, Ray had a meeting with Ed Perico (Building Department
Director) to go over the accidental discovery note process and the
notice requirement to be issued with building permits for applicants
when their property is located in an archaeological probability area.
Ed stated that this information has been given to his Customer
Service Agents for proper dissemination to applicants.
Morris
Constmnttne , ,~
Ma¢'~te
8err~
-1-
Misc. Corre~
Oat~
Item/f
Copies To:
1 6G2 '
The Board also voted to to send a letter to the new County Manager
welcoming him to Collier County. The letter should also provide a
general overview of the accomplishments of the Preservation Board.
B. ' · Ray passed out a set of coins that
were made for the Collier County Jubilee (1923-1973). These coins
were provided by Bob Mulhere for the Board's consideration since the
County's 75th Anniversary is approaching. Ray suggested that the
Preservation Board consider working with the County Museum and other
historic societies in developing similar celebration activities. In
addition, Ron Jamro mentioned that the coins did not sell well at
that time and that many coins are still in storage. It may be
possible to have a new plaque printed for the remaining coins for any
new distribution commemorating the 75th anniversary. The Preservation
Board voted to explore this and other possible ideas.
OLD BUSINESS:
A. ~L~: The designation application has been
sent to Tallahassee for review and comment. The results of the review
will be provided as new information is obtained.
B. '~: Ron Jamro presented his comments and recommended
changes concerning the application that was prepared by Laura Rupp
Burke. No one else had any suggested changes to the application. Ray
is preparing a site plan and a corrected legal description before the
nomination is taken to the BCC. Ron Jamro also mentioned that it
appears that the commercial tract (Tract D) could be sold to Winn
Dixie for a future grocery store. This would for all practical
purposes end any plans for a working ranch.
C. ~: The Board discussed the possibility
of having the "Trust for Public Land" acquire the historic tract
containing the original garden area. The information from Kevin
Mooney indicated that the timing is not right for their acquisition.
They only buy land for the short term and sell to a public entity
that can continue the preservation work. He will contact Joel
Cooperburg to see if he still has any contacts with the the current
ownership. Ron Jamro mentioned that he had some forms from the
Division of Historic Resources that could be used to obtain some
funding for any survey work that is required. Art Lee also said that
he could assist with some archaeological studies if it is needed.
D. ~: The Board was informed that Sherry
Piland has left the Division of Historic Resources. Her replacement
stated that the results concerning the decision to designate the site
on the National Register would be given by June 13th. However, no
notice has been given at this time. Ray will try to find out the
results this week.
-2-
, ' 16G2
COLLIER COUNTY HISTORICJ~L/]~RCHAEOLOGICAL PRESERVATION BOARD' "
Meeting of ~uly 18, 1997 I:
Present: Diane Gonzalez, Chairman
Thomas Franchino
John Thompson
Deborah Jones Cox
David Driapsa
Lora Jean Young, Vice-Chairman
Absent: Laura Rupp Burke
Staff: Ray hBellows
Kimber ly Polen
Others:
Vice-Chairperson Lora Jean Young called the Preservation Board meeting
to order at 9:05 A.M.
]~DDENDA TO AGENDA:
A. Preservation Conference Information
APPROFAL OF MINUTES:
The Board voted 6 to 0 to approve the June 13, 1997 minutes subject
to a minor change to Item "A" under New Business to add: "if required
by the Preservation Board" at the end of the first sentence.
PLANNING SERVICES DEPARTHENT REPORTs
A. · Ray Bellows, Principal
Planner, stated that Vince Cautero appears to be in favor of
providing some additional archaeological training for all involved
site inspecti~n staff. He has asked Wayne Arnold to look into various
training options that will be most cost effective. The Board voted to
send Mr. Cautero a letter asking him to keep them informed on the
status of the requested training. In addition, several members have
requested to attend this training session if it is possible.
The Board also approved a draft letter that will be sent to the new
County Manager welcoming him to Collier County. The letter also
provides a general overview of the accomplishments of the
Preservation Board. Ray will forward the original letter to Diane
Gonzalez for her signature. A copy of this letter should also be sent
to Vince Cautero.
OLD BUSINESS:
A. ' e w : The results of FDOT's review will be
provided as new information is obtained.
--1--
?~'." Constantine
Mml #ac'xte ~
Misc. Corre~
Date:
ltern~
Copie~ To:
6G2 1
B. ~: Ray Bellows mentioned that it appears that the
commercial tract (Tract D) may not be sold to Winn Dixie for a future
grocery store. Lora Jean Young also mentioned that there is renewed
interest to develop a working ranch on both tracts. Copies of an
application form for contributing to the Friends Of Roberts Ranch was
distributed to all members.
C. ~: No new information was presented.
D. 's s a : The Preservation Board was
informed that the State Preservation Office had misinformed them as
to the status of their National Register Application. It was noted
that they first said that a determination was only a few weeks away.
Then, they said that they could not find the application file. Only
· fter many calls to the State Office of Historic Preservation, they
now state that Sherry Piland (who left the Division of Historic
Resources a few months ago) has the files and will continue to
process the application. Ray has left messages for Sherry Piland to
call back with a status report. The Preservation Board voted to send
a letter to Sherry Piland asking for a update on the status.
E. isto ical rca o o ca a · Deborah Jones Cox passed out
copies of the Historic Guide for Collier County. The goal is to have
30 draft copies distributed to tourist spots to allow for final
modifications to be made. The final copies can be in place by October
which is the start of tourist season. Ron Jamro may be able to do the
final printing.
F. u ve as ss t o · The members reviewed the
letter from Art Quinnell (representing Mr. Morris) which outlines the
methods proposed to protect the archaeological areas that were
disturbed by the illegal land clearing on the Morris lot on
Chokoloskee Island. John Thompson will review this proposal to see if
it is adequate. In addition, the letter indicates that a certified
archaeologist will be present during any construction on site.
The tentative schedule to complete the application for local historic
designation is set for late September. Ray is preparing the required
notice procedures to send to the property owner.
NEW BUSINESS:
A. v W · The application was not submitted in
time, but it should be ready by the next meeting.
ADDENDA TO AGENDA:
A. ~ David Driapsa passed out information concerning a
conference that will be held in New Mexico in October 1997. Anyone
interested in attending this workshop should contact David.
NEXT MEETING: August 8, 1997 at 9:00 A.M. AT THE COLLIER COUNTY MUSEUM.
Historic Preserva~:l~/m~r,~es/RYS/rb
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES D{VISION
June 23, 1997
2800 NORTH HORSESHOE DRIVE
NAPLES. FL 35942
{941) 64.3-8400
A CI:'RTI FI ED BLU£ CHIP COM,',,I UNI'I~'
Mr. Michael Zinmy
Bureau of Historic Preservation
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 323994)250
RE: Preservation Board Meeting
Dear Mr. Zimny:
This letter is to inform you that the Collier County Historic and Archaeological
Preservation Board held their public hearing on Friday, June 13, 1997. I have enclosed a
copy of the minutes for your review and records.
If you have any questions or concerns regarding this meeting, please do not hesitate to
contact me at my new number:. 941-403-2469.
Very truly yours,
Principal Planner
(CLG Coordinator)
Historic Pres~rv~fion/RV~rb
cc: Vincent A. C. autero
Suc Filson
Ron Jamm
Robert Mulh~re
Nancy Siemion
Preservation Board
MTNUTBB
Xeeting o~ ~une X:3~ 1997
Present: Diane Gonzalez, Chairman
Thomas Franchino
David Driapsa
Laura Rupp Burke
Deborah Jones Cox
Lora Jean Young, Vice-Chairman
Staff: Ray Bellows
Nancy Siemion
Ron Jamro
Kimberl¥ Polen
Absent:
John Thompson
Others: Art Lee
Charlie Strader
Mary Ellen Rand
Chairperson Diane Gonzalez called the Preservation Board meeting to
order at 9:10 A.M.
ADDENDA TO AGENDX~
A. Collier County's 75th Anniversary - Ray Bellows
B. Preservation Workshop in Tampa - Ray Bellows
APPROVAL OF MINUTES=
The Board voted 6 to 0 to approve the May 9, 1997 minutes.
PLANNING SERVICES DEPARTMENT REPORTt
A. · Ray Bellows, Principal
Planner, stated that he sent Vince Cautero a memo concerning the
Preservation Board's motion requesting that some training be provided
to all County staff involved in site inspections during the
construction phase. The training is intended to assist staff to
determine if any archaeological sites or artifacts are being impacted
by construction. Vince has not responded at the time of this meeting,
however, Ray will discuss this issue with him prior to the next
meeting.
In addition, Ray had a meeting with Ed Period (Building Department
Director) to go over the accidental discovery note process and the
notice requirement to be issued with building permits for applicants
when their property is located in an archaeological probability area.
Ed stated that this information has been given to his Customer
Service Agents for proper dissemination to applicants.
Morris
Hancock
Co~stmnt Ine ~-~~
M~c'Kie
Berr~
-1-
I~isc. Corres:
Date: ~
Item/f
Copies To:
The Board also voted to to send a letter to the new County Manager
welcoming him to Collier County. The letter should also provide a
general overview of the accomplishments of the Preservation Board.
B. , · Ray passed out a set of coins that
were made for the Collier County Jubilee (1923-1973). These coins
were provided by Bob Mulhere for the Board's consideration since the
County's 75th Anniversary is approaching. Ray suggested that the
Preservation Board consider working with the County Museum and other
historic societies in developing similar celebration activities. In
addition, Ron Jamro mentioned that the coins did not sell well at
that time and that many coins are still in storage. It may be
possible to have a new plaque printed for the remaining coins for any
new distribution commemorating the 75th anniversary. The Preservation
Board voted to explore this and other possible ideas.
OLD BUSINESS:
A. ~: The designation application has been
sent to Tallahassee for review and comment. The results of the review
will be provided as new information is obtained.
B. '~3~: Ron Jamro presented his comments and recommended
changes concerning the application that was prepared by Laura Rupp
Burke. No one else had any suggested changes to the application. Ray
is preparing a site plan and a corrected legal description before the
nomination is taken to the BCC. Ron Jamro also mentioned that it
appears that the commercial tract (Tract D) could be sold to Winn
Dixie for a future grocery store. This would for all practical
purposes end any plans for a working ranch.
C. ~: The Board discussed the possibility
of having the "Trust for Public Land" acquire the historic tract
containing the original garden area. The information from Kevin
Mooney indicated that the timing is not right for their acquisition.
They only buy land for the short term and sell to a public entity
that can continue the preservation work. He will contact Joel
Cooperburg to see if he still has any contacts with the the current
ownership. Ron Jamro mentioned that he had some forms from the
Division of Historic Resources that could be used to obtain some
funding for any survey work that is required. Art Lee also said that
he could assist with some archaeological studies if it is needed.
D. ~: The Board was informed that Sherry
Piland has left the Division of Historic Resources. Her replacement
stated that the results concerning the decision to designate the site
on the National Register would be given by June 13th. However, no
notice has been given at this time. Ray will try to find out the
results this week.
-2-
E. ~ Laura Rupp Burke passed out
revised copies of an Historic Guide for Collier County that she had
been working on. The Board also thanked Deborah Jones Cox for
printing the draft guide. In addition, Ron Jamro may be able to
obtain some funding for the printing additional copies of the guide.
Laura Rupp Burke will be meeting with other groups such as the
Everglades Museum, Marco Island Historical Society, Friends of the
Museum, and the Collier County Historical Society to get their
suppo~c.
A. ~ Kimberly Polen of the
Collier County Co~e EnforceBent Department presented her report on
the illegal site clearing that occurred on the Morris parcel on
Chokoloskee Island. She mentioned that if the property owner did not
comply with the mitigation as required by the Code Enforcement Board,
then the owner could face fines as much as 5500.00 dollars a day.
In addition, the recommendations listed in the survey and assessment
that was done by a certified archaeologist will be made part of the
code enforcement mitigation requirements. However, Art Lee and
Charlie Strader mentioned that additional mitigation should be
required to protect the exposed archaeological areas from damage. The
Preservation Board voted to send a letter to the owner stating
immediate action be taken to stabilize the resources (e.g., erosion
control barriers) to prevent future potential impacts to the
archaeological resources. Failure to do so will be considered a
willful act of disturbance to the resources.
The Board also voted to nominate the site for local historic
designation. Ray will prepare the required notice procedures to send
to the property owner.
ADDENDA TO AGENDAs
A. ~ The Florida Trust for Historic Preservation is
sponsoring a workshop in Tampa on June 27, 1997. The workshop will
cover the "Model Ordinance And Design Review Guidelines". Ray passed
out applications for anyone who wishes to attend.
NEXT MEETING= July 18, 1997 at 9:00 A.M. AT THE COLLIER COUNTY MUSEUM.
-3-
Historic PreterYatlon/alnuces/~l/rb
COLLIER COUNTY HEALTH DEPARTMENT
ADVISORY BOARD
Meeting Minutes - June 23, 1997
MEMBERS PRESENT: Dr. Helnen~nn, Mary Lee Montgomery, Charles Rhoades,
STAFF PRESENT:
Dr. Charles Konlgsberg, Roger Evans, Susan Craig and
Marry Knlebes
COUNTY LIAISON: Tom Olilff
ABSENT:
Jim PenczTkowski, Anne Campbell and Pat Meyers
GUEST:
Charlotte Barry guest of Charles Rhoades
The meeting was eaHed to order at 4:06 pm by Dr. Heinemann, chair.
The minutes from June 2, 1997 were reviewed by ali present and accepted as written.
OLD BUSINESS
1) New Board Member Update:
Tabled to a future meeting although Tom Olilff suggested re-advertising again for more of
a chance to get additional applications for a new member.
Dr. Konlgsberg stated that the Health Department books are balanced and solvent. Dr. said
he felt good about the county budget review that he and Roger attended. Roger distributed
to the board, the final budget Information that was also given to the Commissioners. The
Commissioners were pleased with the performance measures and outcome. The State
Health Office should be notifying the Health Department within the next week or so about
the amount of state funds for next fiscal year (schedule C). Some reductions are expected.
The Health Department should be OK financially. Dr. Helnemann pointed out Information
concerning the budget pages. She said that A-92 performance measure, discussed at the
previous meeting, is the number of school children screened by nurses is actually the
percentage of health referrals competed by parents which makes the figures low.
Bisc. Corres:
Norris ,.~
Hancock
#ac'Kle
Date:
Copi~ To:
Gue~ Ms. Barry, asked if any of the Health Department programs overlapped. Dr.
Konigsberg explained that some do, but that there are no unnecessary duplications. The
school health program was discussed. Some time during mid summer, meetings will begin
with school administration to work on developing a school health plan. Dr. Heinemann
stated that this Is the 1st year that county dollars went to specific programs, as requested by
the Commissioners.
New Business
Dr. Helnemann distributed a copy of her proposal to amend the meeting schedule of the
Advisory Board. She said that since the county has specified where the funds should be
distributed, the advisory board may not need to mm monthty. Dr. Helnemann will check
the original documents that created the Advisory Board to see how this can be handled.
Mary Lee Montgomery feels that the Advisory Board has dealt with a lot of minor matters.
Charles Rhoades stated that he feels the Advisory Board meets too often. What about bi-
annual meeting, lasting 2-3 hours? The resolution creating the board states what the board
should do. Dr. Heinemann stated that the board has been educated on how the Health
Department runs/works. Tom Olllff said that since the county has given :5600,000 for 97-
98 to the Health Department and the or]gJnal ordinance stated that the Advisory Board
would make sure funds are dislributed and used appropriately, what is the function of the
Advisor7 Board? ]Need to look at goals and objectives to see if bLannual meetings would be
sufficient. Dr. Konigsberg stated that there is also a committee, the Health Planning
Council, developed by the Health Department and the state already oversees budget,
spending, etc. Tom Olliff's suggestion: he would like to see the Advisory Board come up
with a different format, goals, etc. Dr. Helnemann said that if more members were
involved, the board would have a different blend of committee members, possibly doctors,
parents, etc. Dr. Konigsberg said the Health Department is actively working on marketing
public health and the Health Department. Diane Longstreet will be the director. Tom
suggested that Dr. Heinemann, Dr. Konlgsberg and staff sit down and discuss how to bring
a committee together to handle public health Issues. Mr. Olliff said that since Dr.
Heinemann has the experience through the College of Public Health, the board, etc. and
should be able to assist setting up a new committee. Dr. Konigsberg said that there is a
need for some group to find out who needs care, what are the needs, who delivers the care,
and who pays for the care. He also suggested that a lunch meeting be scheduled with Dr.
Heinemann and then go from there. There are a lot of resources and talented people in our
community. Dr. Polkowski left behind a good base of talented staff. Dr. Heinemann would
like a committee developed by the Health Department and not the county. Mary Lee
Montgomery says it should be broad based and not political. It was stated by Dr.
Konlgsberg that he and Mr. Olliff would be working with the Commissioners regardless of
an advisory board or not. Roger said the advisory board clearly needs to identify
mission. Dr. Heinemann would like to find out if the privatization is working, who's being
served. CH$1 needs to report on the outcome. Tom suggested quarterly meetings, March,
June, September and December.
There was discussion regarding the best time for meetings. The first Monday of the month
with the exception of September (L~bor Day) would be the regular meeting date. The
meeting would then be held the second Monday In September. It was suggested that CHSI
be Invited to the September meeting to Inform the Advisory Board of prlvatlzation outcome.
Mr. Olliff will handle the Invitation. Dr. tlelnemann will write letters to the remaining
Advisory Board members. Snggested time for the meetings 4:00 - 6:00 pm. Marry will
dlrtrlbute a copy of the orighral ordinance and bylaws to nH Advisory Board members and
Health Department s~l'to be reviewed for the nex~ meeting on September 8th, ~L
Next Meeting'.
Set for September 8, 1997 nt 4:00 pm. It will be held at Building H, room 202
(Administration board room).
The meeting adjourned at ~:2~ pm.
Respectfully Submitted
by Marry Kniebes,
Recording Secretary
EXISTING GROUPS "DEALING" WITH HEALTH
o COLLIER COUNTY HEALTH DEPARTMENT - 2 ADVISORY
GROUPS
· FOCUS
· ECONOMIC DEVELOPMENT COUNCIL
· NAPLES CO~ HOSPITAL BOARD
· COLLIER I{EALTH SERVICES, INC. BOARD
· SOUTHWEST FLORIDA HEALTH PLANNING COUNCIL
· BURT SAUNDERS
· COLLIER. COLUNTY MEDICAL SOCIETY'
· COLLIER COUi~I'Y DENTAl, SOCIETY'
· NURSING ASSOCIATION
1_6G2
CCPHU Advisory Board: June 22, 1997
A PROPOSAL TO AMEND THE MEETING SCHEDULE OF THE ADVISORY
BOARD.
Question: What is the role of the board? To advis~ the Board of County Commissioners
re: funds given to the CCPHU.
Input: County dollars have been allocated to specific areas.
County staff should be able to report on outcomes in each specific ar~
Discussion:
What is a reasonable reporting schedule?
May (before June budget discussions)
August (before September discussions)
Plan: Meet biannually to review the reports prepared by each area receiving county
funds. (This may require one long meeting (2-3 hours) or multiple shorter meetings.'
** reports would have to be mailed to members at least a week in advance of the
discussion.
Respectfully,
Chair
^pprop~,,6on Unh
Public Services Division Summary
General (001)
FY 95/9~ F'Y 96/97 FY 96/97 FY 97/98
^clual Adored Fomcasl Cra-rent
· Exp/Rev Bud~l Exp/R~, Sa'vic~
Public Services Admin.
Animal Control
Library
Museum
P~lcs & Rcercation
Social Services
Services For Scn~ors
Vctetzn'; Scrviccs
M~n~ Heath
Public Heald~ Dept
Trm~f~r-GGC¢
Tnms.oLibr'~y
Medical Exam/ncr
Tolal Appropriations
134,104 140,100 153,100 150,400 0 150.400 7.4%
449.115 464.800 476.700 506.700 54.80O 561,500 20.8%
2,494,594 2.825,900 2,759,000 3,027,800 87.000 3. I 14.800 10.2%
269.645 $,500 17,200 2.000 0 2.000 -76.5*/,
5.313,392 6.120,100 6,123,800 6,568.000 150.300 6,718,300 9.8./,
2.255,364 2.329,.500 2,719.600 2,754.000 0 2.754.000 18.2%
21,272 24,000 24,000 24,000 0 24.000
172,983 183,300 173,100 142,00O 0 ! 42.000 -22.5%
457,289 50S,900 480,700 503,000 0 503,000 -I .2%
710,400 710,400 710,400 710,400 0 710,400 0.0%
1.140,110 626,300 626,300 626,300 0 626,300 0.0%
189.400 183,100 183.100 207.400 4.100 211.500 15.$%
0 0 0 0 0 0 N/A
114.71.$ 106.900 106,900 110.000 0 110.OO0 2.9%
439.076 441,300 441,300 485.800 25.0(}0 510,800 15.7./,
14,161.459 14.649,100 14,995,200 15.817,800 321.200 16,139,000 10.2./,
Less ~.c~cnuc$"
Animal Control
Libr'~/
Museum
Parks ~ Rec.
S~inl So.ices
Se~i~s for Se~ors
Vclcrans Sc~i~s
Agdcul~c
Public Health
Medical Ex~cr
To~al Rcvcnues
152,051 138,100 168,900 143,600 25,O00 168,600 22.1%
421,296 398.000 448,400 435,400 0 435,400 9.4%
0 0 0 0 0 0 N/A
1.495.942 1.71 !,300 1,758.700 1,839.500 25.0OO i.864.500 9.0%
335 26,0OO 2,000 2,00O 0 2.OOO -92.3%
I S,999 24,000 24,000 24.00O 0 24,000 0.0%
147 0 0 0 0 0 NIA
2 i .$57 100,700 70,300 67,500 0 67,50O -33.0%
883 0 0 0 0 0 N/A
0 0 0 0 0 0 N/A
2.11 !.51'~- 2,374,100 2,472,300 2,512,000 50.O00' 2,562.000 7.9%
N¢I Cos! Gen. Rev
12.049.946 12.275.000 12.522.900 13.305.800 271.20o 13.577.00o 10.6%
Perm;men! Positions
Public Services Admin.
Animnl Control
Library
Mtl.gCtun
I",u~s ~ RccrcalJon
S~ial Sc~'icc~
V~l~run~ .%~'ice~
A ff~cultur~
To~al Posi6ons
Public Health Unit
General Fund (001)
Protect and promote good health for all in Collier County within a partnership between State of Florida Department of
Health and Collier County Board of County Commi~kmers.
% of
I eratin &~dmini trat've 0.0 0.0%
nic I i e tr ·
Programs funded by County:
Immunization 9.1 7.6%
Sexu~ Ily Transmitted Disease 3.8 3.2%
AIDS 12.0 10.0%
Tuberculosis 16.6 13.8%
Communicable Disease 6.2 $-2%
Programs not funded by County .3 0.2%
Sub total 48.0 40.0%
S248,000
% of
Total
40.0%
$115,541 18.0%
S8,559 1.0%
S4~20 i.0%
$68,469 11.0%
S117,962 19.0%
SO 0.0%
S314,851 50.0%
n I e h Pima are'
Program funded by County:
School Health
Prog~'ns not funded by County
3.6 3.0% S63,449 10.0%
49.4 41.0% S0 0.0%
53.0 44.0% S63,449 10.0%
Sub total
Total General Revenue Funding
I01.0 84.7% S626,300 I00.0%
3.6 3.0% S150,$12
2.3 1.9% S728
5.6 4.7% S250
7.5 6.4% S2,054
nvi e t ealt in ' '
No County G.R/Fees Only: N/A
Swimming Pool N/A
Migrant Labor NIA
Septic Tank (Ind. Sewage) N/A
Other Programs not funded by County
Total Fees Only (No County General Revenue) 19.0 16.0% S 183,544 N/A
Total Personnel 120.0 100.0% N/A N/A
Pe'rformance Measure~ Actual FY 96 Forecast FY 97 '-Budg__~et FY 98
'~mmunicable Disease
No. of Children in Day Care Assessed for
Immunization Status
% of Children in Day Care who are Fully
Immunized
Primary Care ~.~
No. of School Children Screened (~
% of Health Referrals Compl~cd ( ~
Environmental Health & Engineering
Onsite Sewage Systems Plan Review Expected
% Onsite Sewage Systems Plans Reviewed Within
3 Days
442
89%
21,671
57%
2,067
100%
500
90%
21,158
70%
2,271
100%
525
95%
22,215
8O%
2,380
Pending
Aplx'opriatio~ Uni!
Public Health Unit (Cont.)
Gtncral Fund (04}I)
16G2
Operating Expenses 266,110 245,000 247,600 245.000 0 248,000 ' 0.0%
C~Fi.I Outlay 0 0 0 0 0 0 hl/A
Contrlbufio~s 1'74,000 3'/L1~0 378,700 378,300 0 378,300 0.0%
Remit-Other Gov. L 0 0 0 0 0 0 I~A
Total Approprlatlons I, 140, I I 0 626,.100 626,300 626,..300 0 626,300 0.0%
Less: Revenue~ 8~3 0 0 0 0 0 N/A
Ntt Cost Gen. Rev 1,139,227 626,300 626,300 626,300 0 626,300 0.0%
Current 97/98 - The Public Health Unit is requesting the same level olr funding that it received in FY 96/97.
The table below provides a summary of the funding for the Collier County Public Health Unit programs.
County State Fees and
General Revenue General Revenue Other Revenue
Gene ral Operations $245,000 0 0
$248,000
Communicable Disease
Consol $314,851 $ ! ,546,! ! g $719,649 $2,580,61 g
Personal Health
(Primary Care) $63,449 $1,352,369 S436,250 S 1,852,068
Environmental Health
and Engineering 0 $412,045 S599,260 $1.011,305
Total $626,300 $3,310,532 $183,544 $5,691,991
Note: The total figure o{'$5,691,991 includes the co~tract amount otr$$,443,991 and the general operating funding
for the facility of $248,000.
COLLIER COUNTY HEALTH DEPARTMENT
ADVISORY BOARD MEETING
MONDAY, JUNE 23, 1997- 4:00 PM
1) cnn to Order
2) A~tendnnce
3) Approval of Minutes - June 2,1997
4) Old Business
a) Appointment of New Board Member
b) Budget Update
5) New Business
n) Meeting ~edule- Dr. Heinemaun
b) Mission of Group - Dr. Heinemaun
6) Olher
7) Nex~ Meeting
OFFICE, FA~E ~ A~O HE~INGS~ pRoVIDI~
FOR OFFICES, OUOR~, RULES OF pRoCED~E~
pROVIDING FOR RE~MB~S~ OF EXPENSES~
FOR~ ~E ~IONS, PEW.S ~O D~IES OF THE
BO~ ~ING FO~ ~E O~IES OF ~E pUbLIC
S~ICES ADMINISteR OR ~IS DESIGNEE; pRoVIDING
FO~ R~I~ ~ROCESS~ pRoVIDING FOR CONFLI~ ~D
ST4~LI~ ~D ~ROVIDING ~' EFFE~IVE DATE.
Coo~llfOnlrl directed S~aff ~o prepa=e an ordinance to create
collier C~nCy ~bl~c Health Un~ Adviso~ Board; and
~S, collier C~nty Ordinance ~o. 86-41, as amended, sets
forth =he retirements for crea~inq Coun=y advisory boards.
NOW, ~FORE, BE IT O~AINED BY ~E BO~D OF CO~
~e collier C~n~y ~blic Health Unit Advisory Board Is
~ hereby crea~ed ~o pr~ide re~s and reco~enda~ions ~o the
Board of C~n~y C~iisioners regard~nq policies, operations,
f~nancll and ie~lces tha~ are being provided o= ma~ need ~o be
provided ~ ~e colliec County ~blic Health Uni~ ~o ~he c~ztns
of collier County.
A. ~e Board iha11 ~ c~led of liven (7) vo~lng members,
one ne~er fr~ each of ~he five (S) County Co~ission
and ~vo (2) a~-large
B. Hen~rs of the Boa=d shall serve a~ the pleasure of
Board of Coun=y Co~iSsioners and shall be permanen= residents and
electors of Collier County.
C. Appoin=men~ of members ~o ~ha Board shall be by
resolution of ~he Board of County Commissioners and shall sec
for=h ~he da=e of appoin~men~ and ~he ~arm of
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be as
?
The £~i'al ~er~.s.o~ o~f~ce o~ the Board menber~hnlX
£ollo~s: .
~.. TWO. ~2~' mashers to serve ~or one (~) year.
B..oTvo...(2) members to serve ~or ~wo (2) yearS.
.... (3)
C. T~rae melb~rs ~o serve ~or ~hree (3} ~earS.
appOf~men~ of a Board ne~ber to an fn[tfal ~e~ of one year
lntitl~d't~se~'tv~ (2).additional. ta~ l~ s~pointed-
Appoint~ent~ ~o ~ill any vacanCiel on the Board shall be [or the
re~ainder oE' the une~ired te~ of o~Eice.
~. ~ ~e~er o~ ~e Board ~a~ ~ removed Erom oEEice, with
or without cause, ~ a ~a~orit~ vote o~ the Board oE
Co~iasionerS-
' B. Xn the event that an~ Board ~ember la absent from two (2)
conse~tive Board ~eetin~s ~ithout a satisfactory excuse
acceptable to ~e Board ~ai~an, the Board chairman shall state
auch fact at ~e ne~ re~larl2 scheduled Board ~eatinq and shal~
~ereafter'notif~, in~itinq, the ~bl~c Se~lces Adainistrator
or his Desl~ee oE ~e ~oa~d ~ember'S faAlure to attend without
satisfacto~ ex,Se. ~e Board oE Count~ Co~lSsioners shall
revAew the'Board ~aA~a~'a notAficatiOn at a County Co~is~lon
~eetinq and shall declare the Board ~ember'S position to be vacant
A~ the Co~iSsion con--rs that the Board member ~as absent ~ro~
two (2) conse~tive Board aeetinqs withou~ a sa~is[actor~ excuse
and shall p~omptl~ Eill the vacant position. ~e Board member
shall not serve at any meetinqs a~ter his or her position
declared vacant.
1 6G2 41
¢. Z~ 'an/ lem~er o~ the Ooard le absen~ ~or mo~.~an
one-half of the Board's meetings tn · given fiscal ¥';/r:, it shall
be deemed that the me~ber hal tendered his resignation [rom such
Board. The Board of County-Commissioners shall as soon as
practicable after such resignation, declare the position to be
vacant and shall promptly act to fill the vacancy. The Board
me.bet.shall not serve at eny meetings after his pomx~lon has been
declared vacant by the Board of County Commissioners.
-D~,,&-~ember, of'~:he Board shell be,deemed absent frei a
meetin~ when he/she Am nc~c present during at least ?5% of the
meeting-'
~ ' ·
A. A~nually the ~e~ership of the Board shall elect a
chai~an and vice chai~an from among the members. Off~cers'
tics. shall ~ for one.(1) year. with eligibility for re-election.
S. ~e presence of f~r (4) or lore ~e~bers shall constitute
~l ~o~ et ~e Board nlCellaU ~ taxi action and transact
~s~ness. In addi~ion, an atti~atlve vote of four (4) or more
~e~ers shall ~ necelga~ in order to ~aka of Eicial
regardless oE whether four (A) or more Rbmberl o~ the Board are
presen~ a~ ~e Bestir.
C. ~e Board shall, by Ba~or~t~ vo~l oE the entire ..
le~erlhip, adop~ ~lel oE procedure tot the kransackion oE
business and shall keep a ~r~tken record oE meetings, resolutions,
t~ndl~qs and dete~inat~ons. Copies o~ all Board minutes,
resolu~ions, repor2s, an~ exhAb~ti shall be submitted to the Board
Mem~rs oE the Board shall serve without compensation,
shall Me entitled to receive reimbucsemenk for expenses reasonabl~
Incurred in the perfo~amce et their duties upon prior approval
the Board oE County Co~Ss~oners.
3
l 6G2
~he ~unct~one, po~ere and duties of the Board ~q-'~ ~e as
follows:
..~. ..-~..-~o-serve-es'a communication link between ~he Board
.-' ~,~of County Co~iSeionere end the CoXlier County PubXic ~eaX~h
Unit.
B. ~o lake recommendations to the Public Health
~:..Di~ector, Public SerVices Administrator, the County Hanager
and the..Board, o~-County'Commissioners as to policies and
.:.-::procedures that may. b~ needed to-enhance operational
...-'afficien~ and ~dgeta~ accountab~li~Y ~
C. To make reco~endatio~s to the Board of County
.Co~l~&ioner~ regardi~g ~e he~12h =are ~e~ices offered by
the ~blic Health Unit, ~he delivery of those le~lces, the
need for additional ee~icas a~d the coor~inati~.~f ·
~co~unity heal~ care pr~ide~through the contributions
,'.' provided ~ the Board of County
D. To provide reco~endations to the Public Health Unit
Director, ~blic Se~ices Administr~tor, the County ~anager
and the Board oE County Co~issioners regarding the
e~tablis~ent of ~ ~les, procedures a~d policies that are
designed to l~prove the provision of health care services
~rough the contribut~ons provided by the Board of County
Co~issioners.
E. To reviev ~nd make a reco~endation ~o the Board
County co~issionerl on any item
~a~& being suni[ted [o the Boa=d of County Commissioners.
F. To prepare and subm[~ an annual repor~ ~o ~he Public
Services Adminis[ra~or in Hatch of each year which shall
su~arize [he performance o~ [he Collie= County Public Health
.Un[= rega=d~q [he services [ha~ have been provided o=
may need [o be provided ~n [he future, the effective and
4
16G2
efficient use of the County contril~tion ~nd ~'e
recomlendatione regarding Board ~f County Com~ii~/.~nets
funding for the next fiscal year, .
G. To review end make recom~endations regarding the
annual contract between Collier county and the collier County
Public Health Unit.
H. The Bo&rd may adopt and amend -Cuidelines" to govern
their meetings and operations, subject to the approval of the
Board of County Co"~lelionets.
]. ~e ~a~d ~eet~ngl shl~ ~ open to the public.
~ duties o~ the ~b~c Se~ces Ad=~n~st~to~ o~
Desiqnee shall ~:
~. To a~inia~er ~ha activities o~ collie~ County Public.
Health uni~ ~dviso~ Board in accordance wi~h established policies
and ~idelines of ~e Board of c~n~y C~lssioners.
~blic Heal~ Uni~ ~dviso~ Board and ~he Board of
Co~iasiona~s on ~e a~lVi~ies of ~e Collier County Public
Health Unl~ i~s finances in accordance *i~h established
~ldelines and ~licies o~ ~he Board o~ County co~issioners.
C. To assu~e ~a~ all repo~s, s~udies, plans, e~c. ara
fo~a~ded ~o ~e collie~ County ~blic Health Uni~ Dlrac~or~
Coun~M Hana~e~ a~ ~he Board o~ Coum~2 Co~issiomers for
D. To attan~ aX1 C~llle= County PublAc ~ealth Unit Advisory
~oa=~ ~eeting~.
This ~oar~ ~hall be revieved once ever7 ~our (4) years
co~encing In ~997, In accordance vith the procedures contained
Collier County Ordinance Ho. 86-4~, as amended.
16G2
In the event this ordinance conflicts with any
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
ordinance ia held invalid or unconstitutional by any court
competent Jurisdiction, such portion shall be deemed a separate,
distinct and l~eper~Int provision end such holdinq shall no~
effect t~e validity of t~e remaining portion.
PASSED ~O D~Y A~ED by the Board of County Co~lssioners
ol collie= Count~, Florida, this ~day
· 'ATTEST: . . '~.
.DWIGHT E./BR.OCK, CLEI~K
a~ 1 .eq. aL". luf ficiency:
Assistant County Attorney
BOARD OF COUNTY COKHISSIONERS
1 6G2
A RESOIA~I'ION APPROVI~ THE INITIAL TERMS FOR THE
HD~BER$ OF THE COLLIER COUNTY PUBLIC HEALTH UNIT
ADVISORY BOARD
WHEREAS, the Board of County Co~issioners adopted Collier
County Ordinance No. 93-2 creating the Collier County Public
Health Unit Adviso~ Boa=d~ and
~S, Collier County Ordinance No. 93-2 provides that the
Collier County ~blic Health Unit Advisory Board shall consist of
liven (7) mem~rl, one member from each of the five County
Cotillion Districts and two members at-large; and
~S, the Board of County Co~issioners adopted Resolution
No. 93-101 on March ~6, 1993 appointing the members to the Collier
County Public Health Unit Adviso~ Board; and
~S, Resolution No. 93-101 providel that the Collier
County ~blic Health Unit Advilory Boa=d members shall decide upon
the initfal tl~l of office, as sit forth in Ordinance No. 93-2,
for the liven (7) ml~rl ap~intld by the Board of County
Co~issioners and shall recommend to the Board of County
Co~llsionerl the initial terms of office for each of the seven
(7) ~emberl~ and
~S, ~e Board of County Co~issioners by separate
Resolution shall approve the initial te~s of office as it deems
appropriate.
NOW, ~EFORE, BE IT RESOLVED BY ~E BOARD OF CO~TY
CO~ISSION~ OF COLLI~ COUNt, F~RIDA, that the following
initial tl~l Of office for the ~em~rl of the Collier County
Public Health Unit Advisory Board are hereby approved:
Pamela Cox, representing County Co~ission District No. 1,
for a one year te~, said term co~encing on March 16, 1993
and e~irfng on March 15, 1994.
said te~ co~encing on March ~6, ~993 and e~iring on March
~5, ~996.
Dick Noun~, raprtsan~lnq County Commission Distr~c~ No. 3,
for a three y~ar term, said ~ comaenctnq on Hatch 16, 1993
and a~lrinq on Narch 15~ 1996.
1
4, [or a two year tszln, laid tin commencing on Hatch 16,
1993 and expiring on Hatch IS, 1995.
Dr. William l~schaid, at-large member, for a one year ten,
said
~S, ~994.
Ann Camp~ll, representing County Commission Dis~ric~ ~o. 2,
for a ~vo year ~l~, said Cirs co~lncing on ~rch ~6~ 1993
and e~rLng
~ames Penczyk~ski, representing County Cotillion D~s~cLc~
No. S, for · ~hree ~ear ~e~, said ~e~ co~encing on Harch
~6, 2993 and exp~rLng on Hatch ZS, 1996.
This Resolu~ion adopted &£ter motion, second and n&~ori~y
vo~e.
DWIGHT E.' ~RC~, CL£R~
.~egal luf£1~tenc'y:
BOARD OF COUNTY CO~ISSIONERS
COLLIER COUNTY, FLORIDA
' ~'L ~D~, c~
ORDINANCE ~Oo 92- &~
AN ORDINANCE A~ENDING ORDINANCE NO. 86-41 WH~H
· ~ ESTABLISHED STANDARDS FOR CREATION AND REVIEW/
': OF COUNTY BOARDS; CLARIFYING (~UALIFICATIONS
· .:'] AND REQUIREMENTS FOR MEHBERStfIP ON BOARDS;
.. CLARIFYING TEJ%MS OF OFFICE; AMENDING AND
CLARIFYING ATTENDANCE REQUIREMENTS; AMENOING
AND CLARIFYING REVIEW OF BOARDS; PROVIDING
CONFLICT ANO SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has crea~ed
several new Advisory Boards to assist in the transaction of
public business; and
WHEREAS, the original dates fo= review of the Boards have
expired; and
WHEREAS, the qualifications for membership and provisions
reXating to terms of office and attendance requirements are in
need of clarification.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to Section Two cf Collier County
Ordinance No. 86-41
Section Two, Definitions, of Collier County Ordinance No.
86-41 shall be amended to read as follows:
SECTION TWO: DEFINITIONS.
(a) The-term "Board" is defined to include every agency,
advisory board, regulatory board, ~uasi-Judicial board,
committee, task force or any other group created and funded
in whole or in part by the Board of County Commissioners.
/~ The-~erm "Commission" is defined as the Board of County
Commissioners of Collier County, Florida.
/~ The-~erm "Exempt" is defined to include Ad-Hoc Study
Committees appointed by Resolution of the Board of County
Commissioners for a duration of not more than one (1) year
and created to serve a specific short-term function.
SECTION TWO: Amendments to Section Five of Collier County
Ordinance No. 86-41
Section Five, Qualifications and Requirements for Membership
on Boards, of Collier County Ordinance No. 86-41 shall be amended
to read as follows:
Words ~ ara added; words S~ruek-~hFough are deleted.
SECTION FIVE: QUALXFZCATIONB AND R£QUIREM£NTS FOR
HE~BERSHIP ON BOARDS
All members of County Boards shall be permanent
residents and electors of Collier County and should be
reputable and active in com~unity service. In addition, all
Board members should have demonstrated an interest in the
activity or service which is the purpose of the Board.
Any msmbsr of a County Board who ceases to be a
resident of Collier County during his or her tarn of office
shall inunediataly advise the C~iaslon of such change in
status. Upon such no, ice the Co,mission shall declare the
position to be vacan~ end shall promptly fill same pursuant
to the provisions of Section Six herein.
The Commission's primary consideration in appointing
Board members shall be to provide the Board with the
technical, professional, financial, business or
administrative expertise necessary to effectively accomplish
the Board"s purpose.
No parson shall eerie on more than two County Boards
simultaneously. ~
No member of any County Board shall become a candidate
for an elective political office and continue to serve on
such Board ~. Should any County Board
member became a candidate for an elective political office,
such candidacy shall be deemed a tender of resignation from
such Board ~
·
Words ~ are added; words ~ruek-~hroug~ are deleted.
1 6G2
^ny-eoun~y-Beard-member-vho-hss-q~e~ed-~er-e~e¢~½ve
erd*nanee-~ha~-no~-be-req~*red-nor-be-deemed-~o-have
res~g~ed-from-sueh-Boerd~
S£CTXON THREE: A=endml~tl to Section Seven of Collier County
Ordinance No. 86-41
Section Seven, Taz-m of Office, of Collier County Ordinance
86-41 shall be amended to read as follows:
SECTXON SEVE~: TERH OF OFFXCE.
(a) Te~s of office for Board me.ers shall be s~a~gered.
(b) ' (1) Ta~s of office for Board members shall be limited
to ~wo conse~iva ~a~s of se~ice on any one Board;
~E~ By a unanimous vo~e of the Commission, the
-3-
I~ords ~ are added; words S~ruek-khreagh ara dale~.ed,
limitations ·st forth ~n subsection (b) (1) ·boYs may be
waived°
(c) NoChing lek forth in subsections (b)~ above shall
prohibit any individual from beinq ce-·ppoin~ed ~o a Board
after · hiatus of ~vo ye·re.
s£CTION FOUR: ~nandmen~s to Sect:ion E~qht of
Ord£nance No. 86-41
S~c~ion Eight, Attendance Requirement~ o~ County Ord£nance
~o. ~6-4~ shall bm amended ko read as follows~
SECTION EIGHT: ATTENDANCE REQUIREHENT.
s~,sfs¢~o~y-ex~use-or-*f-he-or-she-*s-abse~-fer-xore-~en
eee-he~f-ef-~½e-Beard~s-mee~ings-~n-a-g~ven-f~eea~-¥eer~--A
BembeF-of-a-Boerd-sha~-be-deened-abse~-fFeu-a-~ee~ng-when
-4-
~4ords ~ arm added; words ~q~uek-~:hFough are deled:ed.
SECTION FIVE: Amendments to Section Nine of Collier County
Ordinance No. 86-41
Section Nine, Review of Boards, of County Ordinance No.
86-41 shall be amended to read as follows:
SECTION NINE: REVIEW OF BOARDS.
Commencing January 1, 1987, each Board shall be reviewed in
the following manner:
(a) On or before January lSth of the year in which a
Board is to be reviewed, its Chairperson shall submit to the
County Nanager a report setting forth ~he following
information regarding the Board:
1.) Whether the Board is serving =he purpose for
which it was created.
2.) Whether the Board is adequately serving
current community needs.
3.} A list of the Board's major accomplishments
for the preceding twelve month period.
4.) Whether there Is any other Board or agency,
Words ~ are added; words St=aek-~hreag½ are deleted.
16G2
either public or private, which is serving or would
better serve the purpose for which the Board was
craatedo
5.) ~hether the ordinance creating the Board
should be amended to allo~ thm Board to more adequately
serve the purpose for which it was created.
6.) Whether the Board~s membership requirements
should be modified.
?.) The cost, both direct and indirect, of
maintaining the Board.
(b) On or before February lSth of the year in which a
~oard ia to be reviewed, the County Manager aha11 deliver to
the Connission the repo~c submitted by the Chairperson of
each Board, pursuant to Section 9(a) of this Ordinance,
together with any raco~nendation or toluenes the County
Hanager may have. ~
(c) During March of the year in which a Board is to be
reviewed, the Chairperson shall make an oral presents=ion to
the Commission. Said presentation shall be baled upon the
report submitted to the County Manager pursuant to Section
9(a) of this Ordinance. At the conclusion of said oral
presentation any Commissioner may request the formation of a
subcommittee consisting of three (3) members of the
Commission. Said subcommittee shall evaluate the
Chairpersonts report, the County Hanager's recommendations
and any other information it deems relevant to determine
whether the Board shall continue in its present form. The
subcommittee shall report to the Commission not later than
within ninety (90) days after their initial meeting.
(d} At the conclusion of this review process, the
-6-
Words ~ are added; words Seraek-~hrough are deleted.
.. 1 6G2
Co~mission shall determine whether to abolish, continue,
consolidate or ~odify the Board for the ensuing four yea~s.
(e) The following Boards shall be reviewed in the
years as sst forth belo~ and shall be reviewed once every
four (4) years thereafter:
Board of Adjustment and Appeals
Feed-Eseab}~shnant-Review-Beard
Tourist Development Council
L~msrgency Medical Services Advisory Council
LibraL~,-Advise~,-Board
eo~den-eaVe-eomuuni~y-eenter-Adv~sory-Beard
Contractors' Licensing Board
Isles of Capri Fire Control District Advisory
Board
Parks end Recreation Advisor~ Board
~989y
e~ti~ems-Adv~sery-Task-Feree
eo~ier-eo~nt¥-eods-£nfereenen~-Beerd
6o~den-ea~e-Pa~kva~-Bsau~f~ea~io~-Adv~sery
eeni~ee
Collier County Planning Commission
Hereo-~s~and-Beavt~f~eat~o~-Adv~sory-ee~ee
Oehopes-P~re-eontFo~-B~stFie~-Adv~soFy-eom~i~ee
~sturs~-Reeourees-Advisory-eouno~-~2Ae~AB~
Public Vehicle Advisory Committee
I~okalee Airpor~ Advieo~ Board
(f) Al2 Boards created after the effective date of
this Ordinance shall be reviewed once every four (4) years
thereafter.
-7-
Words ~ are added; words s~ruek-ehrou~h are deleted.
Zn ~he evefl~ ~his O=dinance con~lictl ~ith any o~her
ordinance oE Collier County or o~her applicable ~aw, the more
res~rEc~Ev~ shall apply. I~ any phras~
OrdSnanc~ is htld invalid or unconstitutional
competent ~urisdiction, auch ~fon shal~ be deemed a separate,
distinct and independent provision and such holding shall not
affect ~he validity of ~he Fe~fning portion.
SE~ION S~: KFFE~IVE DA~.
from ~he Secre~a~ of S=i~e ~a~ ~1 ~d~ance hal ~efl filed
PASSED ~D D~Y ~ ~ ~e Board of Coun=y
Co~iss~o~ers of Collier C~=y, Florida, this ~ day of
, 1992.
~ OF CO~ CO~ISSIONERS
~I~ ~, F~RIDA
~4407
~ o~Jnonce filed v~n
Sec ~ M e'l ffk
-8-
Words ~ are added; vords ~ruck-~hrouqh are deleted.
16G2'" '
PLEASE PROPTDE MARTY WITH YOUR SUMMER VACA770N SCHEDULE
RECEIVED
Morris ~
· k ~ / COLLIER COUNTY HEALTH DEPARTMENT J U N G 1997
.a.¢oc ~ ADVISORY BOARD
Nc'%te Meeting Minutes - June 2, 1997
MEMBERS PRESENT: Mary Lee Montgomery, Dr. Denise Helnemann
~TAFF PRESENT:
Dr. Charles Konlgsber~ Roger Evans and Susan Craig
COUNTY LIAISON:
ABSENT:
Tom omff
Pat Meyers, Charles Rhoades, Anne Campbell and Jim
Penczykowskl
Note: Ann Campbell is away for the summer.
The meeting was called to order at 4:20 pm. Due to lack of member participation, a quorum
was not available. Misc. Cortes:
OLD BUSINESS
Date:.
1) New Board Member Update: Iternt~
Tabled for the next meeting due to lack of quorum.
~opies To:
Tom Olllffwili send a letter to Dr. Marlow, possible new board member, Informing her that
the meeting lacked a quorum and the issue will be brought up for vote again at the next
meeting.
2) Previous minutes that have not been reviewed were tabled to the next meeting due to
lack of quorum.
Dr. Helnemann is still scouting for a mlnot417 member. She may have a candidate at the
next meeting.
Roger stated that there were some minor changes made to the budget Information gtven out
at the last meetin& Dr. Helnemann pointed out an area at the bottom of page H-19. She
suggested adding some additional wording to help explain the percentages.
Mart7 was asked to poll board members for their availability for the next meeting and ~o
also find out what their vacation plans are for the summer.
16G2' '
Tom stated the budget workshops will be held on June lStlL He will provide time, location,
etc. to Roger/Dr. Konlgsberg.
None at this trine.
$et for June 23, 1997 at 4:00 pm. It will be held at Building H, room 202 (Administration
board room).
The meeting adJourned at 4:40 pm du~ to board member absenteeism.
Respeetfully Submitted
by Marly Knlebe$
Recording Secretary
1 6G2,m
RECE" '~D
JUN 6 1997
8oard of Count: ;:,. .,-,ers
Memorandum
CC:
From:
Dat~:
Re:
CoIlier County Health Department Advisory Board
Charles Konigsbe~ Ir., M.D., M.P.H. - Director
Roger Evins, Business Mmmger
Tom 011i~ Public Services Administrator
Su~ Filson
Marry Kni~l~
StaffAssistant
Juna 4, 1997
The nc-xt H~alth Department Advisory Board meeting has been scheduled for Monday,
June 23, 1997 at 4:00 pm. It will be held in the Administration Board Room. Plea.se submit
any agenda it~nns to Dr. Denise Hein~mann by Tuesday, June 17th.
MK
1 6G2
RECeiVED
JUN 2 ~ 1997
I. ROLL CALL
II. APPROVAL OF M]lqUTES - June 4,1997
El. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
PLmned Unit Development No. PLTD-97-6
Bo
C, oa~fioual Use No. CU-97-16
Willow Run Qu~'ry
Secdona 11,12,13 and 14 Township SO South, Range 26 East
Collier County, Florida
Co
Prelimimry Sulxlivision Plat No. PSP-96-14
Sawgr'a~ Subdivision
Section 24, Township 48 South, Range 25 East
Pr~limina7 Sim Plan (No petilion number)
Livingston Pm'k Subdivision
Section I 0, Town.ship 48 South, Range 25 East
VI. OLD BUSINESS
0ate: ~
Ite.'~ # /(.~' .~.
Cop,~:, To:
EAB members to discuss the Airboat Conditional U~ Stipulations and
~/Mo~toring Report mbmitted to them for r~view at Sun¢ 4" me~ing.
/
Hancock '~- '~
Co~stanttne~
I~C'Ktt v v
~rr)
l 6G2
Page 2
IX. WOKKSHOP
NOTES:
A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403-
2400) no later than 5 P.M. on June 27,1997, if you cannot attend this meeting or
ifyou have conflict and thus will abstain fi'om voting on a particulm' petition.
Environmental Advisory Board Agenda ..................................... ,1997
B. [General Public]: Any person who decides to appeal a decision ofthis board will
need a record ofthe l:n~:eedings pet~ining therte~o; and therefore may need to
/nsu~ that a verbatim record of the proceedin~ is made, which record includes the
testimony and ev/dence upon which the appeal is to be based.
MI I NB --A TI B LDIN
I, ROLL CALL
Il. APPROVAL OF MINUTES -ltme 4,1997 and luly 2, 1997
IH. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Planned Unit IX-wlopmont No. PUD-97-6 (Continued from July 2, 1997)
U.S. 4 l/Wiggin.s Pass Rind PUD
Sectio~ 15, Township 48 South, Range 25 East
Collier County, Florida
Planned Unit i~w~topm~nt No. PUD-97-9
The Club Estates PUD
Section 10, Township 50 Son~ Ran~ 26 ~
CoRic-r County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
Misc. Cortes:
Date:
Itemg
IX. WORKSHOP Copies 1o:
NOTES:
~ ~o~d M~]: N~ ~ P~G SER~CES DEP~~ (403-24~) ~
~5 P.M.~Au~I,I~7,~~~ ~~°rif~
B. l~ ~bacl: ~ ~ ~ ~ m ~ a ~i~ of~ ~ ~ ~ a
~rrts ~~ ~ ~ ~ m ~ b~.
Constanttn~
DATE:
TIME:
PLACE:
July 2, 1997
9:00 A.M.
3''° Floor Boardroom, Administration Building, Collier County Gov~unent
Center, Naples, Florida
Foley X Chrzanowski X
Hermamon X Gibson X
Hinchcliff X Kuck X
Saadeh X Lenberger X
Stxaton X Mulhcr~ X
Wilkison X S~al X
t~ Stephen Lenberger, Environmental Specialist II
D T O · 9:05 a.m. t~_Q.l,~ai~,t~A 10:30 a.m.
.P_l?d~5~l~'~A_.' David S. Wilkison, Cl~airman
DD · None
P V ·
Motion made by ~ seconded by ~[I~!:[~:I11tI1,~ and carded 6/0, to approve minutes of
June 4,1997.
ITEM.' Regular Agenda - Item V.A.
~ Planned Unit Development No. PUD-974
U.S. 41/Wiggins Pass Road PUD
Environmental Advisory Board Minutts ......... :. ............................ ./nly 2,1997
Page 2
ITEM: Regular Agenda - Item V.B.
Conditional Use No. CU-97-16
Modification to Ex. 59.206
Willow Run Quarry
The expansion to an existing quarry.
Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc.
Joe Bonness III, Southern Sand and Stone
B I A · John Bowen
Made by ~ seconded by ~ and carried 6/0, to approve
conditional Use Petition NO. CU-97-16/Mod. To Ex. 59.206 with amended
stipulations.
W er Ma :
Prior to issuance of the Excavation Permit, applicant shall submit Geological
Report with borings .showing depth of confining layer, if layer exists.
Conclusions in the report will be verified by County staff. Lake depth will be
limited to 50' or confining layer, whichever is shallower.
Petitioner will obtain necessary permits from the Army Corps of Engineers and
the South Florida Water Management District and the Florida Department of
Environmental Protection.
Prior to i~ance of Excavation permit, or by September 1, 1997, whichever
comes first, applicant shall submit water quality monitoring plan for salinity.
Plan shall be in effect until it has been decided by County staff that no adverse
impacts are occurring.
The petitioner shall retain fifleon percent of thc existing native vegetation on site
pursuant to section 3.9.5.5.4.CCLDC. The proposed site plan exceeds this
requirement by preserving 45 percent of the existing native vegetation on site.
6G2
Environmental Advisory Board Minutes ....................................... .July 2,1997
Page 3
Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit rules and be subject to review and approval by
Current Planning Environmental Review Staff. Removal of exotic vegetation
shall not be counted towards mitigation for impacts to Collier County
jurisdictional wetlands.
Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge ofwetland preserves in all places and averaging twenty-
five (25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules and be subject to review and
approval by Current Planning Environmental Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan
for the site, with emphasis on the areas of preservation, shall be submitted to
Current Planning environmental craft for review and approval prior to issuance
of an agricultural clearing permit.
Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to protected wildlife
species. Where protected species are observed on site, a Habitat Management
Plan for thom protected, species shall be submitted to Current Planning
Environmental staff for review and approval prior to issuance of an agricultural
clearing permit.
ITEM: Regular Agenda - Item V.C.
Preliminary Subdivision Plat No~ PSP-96-14
Sawgrass Subdivision
REOUESTING_i.'
A single family subdivision with 29 single family lots, water
management lake and preserve areas.
PRE D BY'
Gary Butler, Butler Engineering
Cindy Prine Butler;Prine Environmental
Environment~l Advisory Board Minnte$ ....................................... ..Inly 2,1997
Page 4
Made by ~ seconded by ~ and carried 6/0, to approve
Preliminary Subdivision Plat No. PSP-96-14 with amended stipulations.
The top of lake bank shall be no closer than 50 feet from a property line. This
requirement may be reduced if the lake is fenced or an equivalent is approved by
staff i.e. berm or heavy landscaping.
The south lake shall not encroach into the existing drainage easement unless
approved by the Stormwater Management Director.
An Excavation Permit will be required for the proposed lake in accordance with
Division 3.5 of Collier County Ordinance No. 92-73 and SFWMD rules.
An ai~n'opriate portion of native vegetation shall be retained on site as required
in section 3.9.5.5.4.CCLDC. These areas shall be designated on the final plat
/construction plans as separate easements for native vegetation retention
pursuant to section 3.9.5.5.4 CCLDC.
An exotic vegetation re~noval, monitoring, and m~intenance (exotic flee) plan
for the site, with emphasis on areas of retained native vegetation, shall be
submitted to Current Planning environmental staff for review and approval prior
to final site plan/construction plan approval.
ITEM: Regular agenda - Item V.D.
~ Preliminary Site Plan (No petition number)
Livingston Park Subdivision
~ Preliminary approval for a proposed industrial park.
Gary Butler, Butler Engineering
Cindy Prine Butler, Prine Environmental
Environmental Advisory Board Minutes ....................................... .July 2,1997
Page $
MORON: Made by ~ seconded by Mr. Foley and carried 6/0, to approve
Livingston Park Subdivision Preliminary Site Plan with staffs stipulations.
Should wetland areas be determined jurisdictional, a copy of the SFWMD
Surface Water Permit will be required prior to final SDP approval.
An Excavation Permit will be required for the proposed lake in accordance with
Division 3.5 of Collier County Ordinance No. 92-73 and SFWMD roles.
An appropriate portion of native vegetation shall be retained on site as required
in section 3.9.5.5.4.CCLDC. These areas shall be designated on the final site
plan/construction plan as native vegetation retention pursuant to section
3.9.5.5.4 CCI. DC.
Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit roles and be subject to review and approval by
Current Planning Environmental Review Staff. Removal of exotic vegetation
shall n6t be counted to~,ards mitigation for impacts to Collier Count3,
jurisdictional wetlands.
Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge ofwetland preserves in all places and averaging twenty-
five (25) feet fr~m the landward edge ofwetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules and be subject to review and
approval by Current Planning Environmental Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan
for the site, with emphasis on areas of retained native vegetation, shall be
submitted to Current Planning environmental staff for review and approval prior
to final site plan/construction plan approval.
Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to protected wildlife
Environment~l Advlsor~ Board Minutes ....................................... .July 2, I997
Page 6
species. Where protected species are observed on site, a Habitat Management
Plan for those protected species shall be submitted to Current Planning
Environmental staff for review and approval prior to final site plan/construction
plan approval.
Discussion on Airboat Conditional use stipulations and monitoring reports.
UB ·
Mitchell House
Teresa House
MOTION.' Made by ~ seconded by Mr. Foley and carried 6/0, to direct staffto:
1. Look at Airboat use within the Big Cypress Area of Critical State Concern.
2. Propose an amendment to Conditional Use Petition No. CU-92-16, "Mitchell &
Teresa House, Everglades Private Airboat Tours" requesting that the Wildlife
Monitoring Report stipulation be deleted as a requirement of the existing
Conditional Use Resolution.
Discussion on E.A.B. Absenteeism.
~ For a complete record of the proceedings reader is directed to the tape
recording of this meeting, located in the Office of the Clerk to the Board, 5* Floor, Building
"F", Collier County, Government Complex.
There being no further business, the meeting was adjourned by order of thc Chair.
Environmental Advisory Board
David S. Wilkison, Chairman
7/2/97 EAB MINUTE,/md
16G2 ''
DATE:
TIME:
PLACE:
June 4, 1997
9:00 a.m.
3~ Floor Boardroom, Administr~ion Building, Collicr County Govcmmen!
Center, Neplcs, Florida
Foley _X_ Chrzanows~
Hcrmanson ~ Lenbcrgcr _X
Hinchcliff ~ Ashton
Saadeh _X_ Kuck
Straton _X_ Burgeson _X
Wilkiaon
~ Barbara S. Burgesort, Environmental Specialist II
~9:05 a.m. ~ 10:15 a.m.
~ David S. Wilkis~n, Chairman
~ None
Motion made by ~ s~cond~d by ~ and carded 4/0, to approve minutes of
May 7,1996.
ITEM.' Regular Agenda - Item V.A.
P, KI].~IDJ~LQi Planned Unit Development No. PUD-97-3
"Twin Eagles Golf& County Club
rezone to PUD for golf courses, 275 residential units and amenities.
~ Dwight Nadeau, MeAnly Engineering & Design, Inc.
Environmental Advisory Board Minutes ....................................... .June 4,199'7
Page 2
MORON: Motion made by ]~[,_F.R[g~ seconded by ]g[~._l=~l;latl,sg~ and carried 5/0, to
a~rovc Pc-tition No. PUD-97-3 with two (2) added stipulations.
1. Amend section 6.8 of the PUD document as follows:
"The development of this PUD Master Development Plan
shall '
.om 1 wi h th CCLDC as amended."
2. The petitioner shall submit a copy of the SFWMD permit
application to Collier County Development Services
Engineering Staff for review and comment.
3. The petitioner shall show the route of the off-site
discharge from the parcel south of Immokalee Road (from
the project boundary to the receiving canal) on the
conceptual water management plan.
4. Amend Section 2.11 of the PUD document as follows:
A. Stockpile maximum slope: 3:1
Environmental:
1. Amend section 2.13 of the PUD document as follows:
A. Delete the second and third sentence of the first
paragraph.
B. Delete "..the commencement of construction or
alteration of.." from the first sentence in paragraph one
and replace it with "..final development order approvals
for..".
2. Replace section 6.9D with the following language:
Petitioner shall comply with the guidelines and
recommendations of the U.S. Fish & Wildlife Service
(USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species
EnvironmentalAd~soryBoardMinut~ .......... , ............................June4,1997
Page3
are observed on site, a Habitat Management Plan for
those protected species shall be submitted to Current
Planning Environmental staff for review and approval
prior to Final Site Plan/Construction Plan approval.
3. Petitioner shall submit a copy of the Environmental
Resource Permit (ERP) application and re-submittals, as
well as copies of comments submitted to South Florida
Water Management District (SF~D} by the Florida Game
and Fresh Water Fish Commission (FGFWFC) and the United
States Fish and Wildlife Service (USFWS), for copy to
Collier County review files. This shall be submitted
at the time of Plat/Plans or Site Development Plan
submittal.
ITEM.' Regular Agenda - Item V.B.
Planned Unit Development No. PUD-97-8
Cypress Wood~ Golf& Country Club
rezone to PUD for a golf course and 799 residential units with amenities.
RJ~P~u~I.T]~]I~ Geoffi'ey Purse, PE, Purse Associates, Inc.
~ Made by Ma_iaadth, s~onded by ~ and carri~ 5/0, to approve
P~ition No. PUD-97-8.
1. As stated in 2.8B, a minimum of 25% of the existing
native vegetation shall be retained on site. That would
require 45.02 acres of native vegetation retention. The
PUD master plan shows 40.9 acres. Amended the PUD Master
Plan to show a minimum of 45.02 acres and identify the
tracts as preserves.
2. Amend Table I under 3.4 of the PUD document, Residential
Development Standards, under the entry of Natural
Habitat Preserve area setback. The 15 ft. may remain as
an accessory setback but the setback for principle
Environmental Advisory Board Minntes ....................................... .June 4,1997
Page 4
structures is 25 ft. in accordance with CCLDC
3.2.8.4.7.3.
3. Amend Table II under 4.3 of the PUD document, Golf
Course/ Recreational Development Standards, under
Natural Habitat Preservation Area Setback. For
principle structures the setback shall be 25 ft as
stated in CCLDC 3.2.8.4.7.3.
4. Amend Section V of the PUD document to add 5.2.A.8 to
read as follows:
"The Permitted Principal Uses and Structures described
in 5.2.A.1 through 5.2.A.7 shall not cause vegetation
to be removed where the remaining native vegetation
acreage falls below the required minimum of 45.02."
5. Add the following language to the PUD document under
Section 6.9.E.:
"A minimum of twenty-five (25) percent of the existing
native vegetation on site shall be retained as required
in Section 3.9.5.5.3 of the Collier Land Development
Code. That requires a minimum of 45.02 acres of native
vegetation, in all three strata)."
ITEM.. Regular Agenda - Item V.C.
Commercial Excavation Permit
"Ex. No. 59.605"
Capital Homes Commercial Excavation
Commercial Excavation in Estates Zoning
Don Jolly, Jolly Excavating
MOTION.' Made by ~ seconded by ~. SaMeh and carried 4/0, to approve
Commercial Excavation Permit No. 59.605.
16G2
En~ronmentalAdvisoryBoardMinut~ .......... ~ ............................June4,1997
Pages
1. Petitioner shall obtain necessary permits or letters of
no objection from ACOE and SFWMD.
2. The excavation shall be limited to a bottom elevation
of 16 feet below existing grade and shall be no
shallower than 10 feet below existing grade.
3. Offsite removal of material shall be subject to
standard conditions imposed by the Transportation
Department (attached).
4. No blasting will be permitted unless issued a separate
permit by Collier County Engineering Review Services.
5. If vegetation is to be removed as a result of the
excavation, a separate Vegetation Removal Permit (per
Collier County Land Development Code, Division 9) shall
be obtained from Collier County Development Services
Department before commencing work.
~ The Board requested that an item be brought back for discussion under
Old Business on the July AgencY. That item is CU-92-16 (Everglade Airboat Tours). The
Board would like to discuss the wildlife monitoring reports.
There being no fia'ther business, the meeting was adjourned by order of the Chair.
Environmental Advisory Board
David S. Wilkison, Chairman
6/4/97 EAB MINUTES/~
16G2
May 9, CEIVED
TRANSCRIPT OF THE MEETING OF THE JUN I 6 1997
CODE ENFORCEMENT BOARD
-
Naples, Florida, May 9, 1997
Met on this date at 8:38 a.m. in REGULAR SESSION in Building "F" of
the Government Complex, East Naples, Florida, with the following
members present:
ACTING CHAIRPERSON:
Randy Merrill
Lewis Oxley
James Lavinski
Maurice DeBito
Rhona Saunders
Diane Taylor
Guy Adams
Robert Lockhart
ALSO PRESENT:
Jean Rawson, Attorney
Maria E. Cruz, Code Enforcement Specialist
Linda Sullivan, Code Enforcement Director
Anthony M. Asaro, Code Enforcement Investigator
Constantine
Mac'Kle
Berr~
Page 1
16G2 ''
Date: May 9, 1997 a: 8:30 o'clock A.M.
Loca:ion: Collier coun:y Governmen: Cen:er, Admn. Bldg, ]rd Floor
NO~: ~ PERSON WHO DECIDES TO ~tPPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF TH~ PROCEEDINGS PERTAINING THL~0 AND T~IEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF TH~ PROBINGS IS KADE, WHICH RECORD INCLUDES ~ TESTIMOI~Y ~
EVIDENCE t/PON WHICH ~ ~tPPEAL IS TO BE BA~ED. NEITHER COLLIER COUNTY NOR ~ CODE
ENFORCEMENT BOARD SHALL BE RESPONSIBL~ FOR PROVIDING THIS RECORD.
A R V
R V MI March 13, 1997
A. BCC vs. JOSE LUIS AND LUCILA CATETE CEB NO. 97-002
B. BCC vs. JOSE LUIS AND LUCILA CATETE, AND LARRY COOK
CEB NO. 97-003
A. Review and Discussion of Proposed C.E.B. Rules and Regulations
June 13, 1997
May 9, 1997
CHAIRMAN MERRILL: At this time, I'm going to call the meeting
order, the code enforcement board south, and ask for roll call. MS. CRUZ: You're asking for a roll call?
CHAIRMAN MERRILL: Please, for the members or do you want me to
do it?
MS. CRUZ: The members.
CHAIRMAN MERRILL: Lynn Brandeen.
MS. RAWSON: For the record, the commissioners' office has just
informed me that Lynn Brandeen called and could not be available this
morning.
CHAIRMAN MERRILL: Marked him as excused.
James Lavinski.
MR. LAVINSKI: Present.
CHAIRMAN MERRILL: Rhona Saunders.
MS. SAUNDERS: Present.
CHAIRMAN MERRILL: Guy Adams.
MR. ADAMS: Here.
CHAIRMAN MERRILL: Maurice DeBito.
MR. DeBITO: Present.
CHAIRMAN MERRILL: Diane Taylor.
MS. TAYLOR: Present.
CHAIRMAN MERRILL: Robert Lockhart.
MR. LOCKHART: Here.
CHAIRMAN MERRILL: Lewis Oxley.
MR. OXLEY: Here.
CHAIRMAN MERRILL: And Randy Merrill.
Having a quorum, do I have a motion for approval of the agenda --
excuse me, approval of agenda of this meeting? MS. SAUNDERS: I so move.
MR. LAVINSKI: I make a motion we approve the agenda as
presented.
CHAIRMAN MERRILL: Any discussion?
All those in favor.
Any opposed?
(No response).
CHAIRMAN MERRILL: It carries unanimously.
Approval of the minutes of March 13th, 1997, do I have a motion?
MR. DeBITO: I'll make a motion to approve the minutes.
CHAIRMAN MERRILL: Any second?
MS. SAUNDERS: I'll second the motion.
CHAIR_MAN MERRILL: Any corrections or additions to the minutes?
Hearing none; any discussion? No discussion.
All those in favor.
Any opposed?
(No response).
CHAIRMAN MERRILL: Carries unanimously.
Public hearings, first public hearing, Board of County
Commissioners versus Jose Luis and Lucila Catete, Catete. Are they
present?
MS. CRUZ: Mr. Chairman.
Page 2
1 ' '
May 9, 1997
CHAIRMAN MERRILL: Yes.
MS. CRUZ: For the record, my name is Maria Cruz, code
enforcement specialist.
Mr. and Mrs. Catete are not present. We have tried all the
process of the effort to contact -- make contact with the property
owner, and we have advertised the notice of hearing as the ordinance
requires. We have posted the notice of hearing at the property, and
it's been unsuccessful. We cannot contact -- contact this property
owner ·
CHAIRMAN MERRILL: My recollection of what I saw in my material
was that there was copies, certified copies of -- excuse me, there
were copies of certified mail receipts that have gone out. and they
were' unclaimed; is that correct?
MS. CRUZ: That's correct.
CHAIRMAN MERRILL: And you've said that you also posted that at
the --
MS. CRUZ: That's correct.
CHAIRI~AN MERRILL: Could we have someone from code enforcement
sworn in to testify to that fact?
MS. CRUZ: We can do that.
CP~IP34AN MERRILL: Is there anyone here on that from code
enforcement? ·
MS. CRUZ: Yes, sir. At this time, I'll call Tony Asaro
CHAIRMAN MERRILL: Would you swear him in?
(Mr. Asaro was sworn).
MS. CRUZ: Mr. Asaro, would you please state your name for the
record?
MR. ASARO: Anthony Michael Asaro.
MS. CRUZ: And what is your position with code -- with Collier
County?
MR. ASARO: Code enforcement investigator.
CHAIRMAN MERRILL: Can you speak up a little bit? That
microphone is really low.
Okay. Code enforcement investigator.
MR. ASARO: Mr. Asaro, the property in question is o.~med by Jose
MS. CRUZ: Catete. This property is located at 66 Isle of St.
Luis and Lucila
Thomas, Naples, Florida. It'S more particularly described as Port Au
Prince, Lot 66.
I'm going to hand you an exhibit.
Mr. Chairman, at this time, I'd like to request that the evidence
provided to the board and also attempted to provide to the property
owner be admitted into evidence at this time; marked Composite Exhibit
A. CHAIRMAN MERRILL: Any objections from the board?
It will be marked Composite Exhibit A --
MS. CRUZ: Thank you.
CHAIRMAN MERRILL: -- and entered into the record.
MS. RAWSON: Ms. Cruz, for the record, are you introducing into
evidence the entire packet on this case?
MS. CRUZ: That's correct.
Page 3
16G2'
May 9, 1997
If I may, I need to provide a copy to the reporter, please.
CHAIRMAN MERRILL: You may.
Ms. Cruz, perhaps to shorten things up, if you can tell me, in
that copy, are those documents that show both residential service,
attempted mail service via registered certified mail and the copies of
the notice of publication?
MS. CRUZ: Everything with the exception of the publication. I
do have a copy of the publication that I'd like to enter into evidence
as a separate exhibit.
CHAIRMAN MERRILL: Okay. Do you want to do that now?
MS. CRUZ: Please. I request --
CHAIRMAN MERRILL: Any objection?
MS. CRUZ: I request that the copies of the publication of the
notice of hearing to Jose Luis and Lucila Catete be entered into
evidence as marked Composite Exhibit B.
CHAIRY3Gq MERRILL: Without objection.
I suppose the only thing I would want to know then from the code
enforcement officer is whether he was the person who pos%ed the notice
on the property.
MS. CRUZ: Mr. Asaro, would you please state to the board, were
you the individual who posted the notice on the proper%y?
MR. ASARO: I believe Dave Hedrich -- excuse me, Ron Holder
posted the notice on the property.
MS. CRUZ: Mr. Chairman, I have two photographs signed by
Oinvestigator -- code enforcement investigator, Ron Holder, showing --
these photographs depict the posting of this notice on the subject
pr°pe~'RAWSON: ?~y don't you enter that into the record as the next
exhibit, and after you have that marked, if it is introduced, would
you pass that and the notice of publication through the panel, please?
MS. CRUZ: Will do.
At this time, I request that the photographs depicting the
posting of the notice of hearing be entered into evidence as -- marked
as Exhibit C, please.
CHAIRMAN MERRILL: Any objection from the board?
Without objection, it's admitted.
Ms. Rawson, do you have any opinion as to whether we can proceed
based upon the attempts of notice in this case?
MS. RAWSON: Mr. Merrill, so long as the proper notice was given,
if we have notice by publication and the publication by posting was
done in a timely manner, since the certified mail was returned
unclaimed, that's valid notice, and so -- I have not seen these, but I
invite you to look at the dates.
I suppose I should say for the record, my name is Jean Rawson,
and I'm the acting attorney for the code enforcement board today.
CHAIRMAN MERRILL: Perhaps to make it easier, and for the record,
Exhibit B is a copy of an invoice from the Naples Daily News
indicating a publication of a notice of public hearing on this matter
on March 21st -- excuse me, 4/11 of this year, and there's a copy of
the notice, and then Exhibit C is two photographs showing posting of
Page 4
May 9, 1997
Othe notice of violation.
MS. RAWSON: Perhaps the code enforcement board official could
tell us the date the photographs were taken.
CHAIRMAN MERRILL: It's on there, Ms. Rawson; 4/30/97.
MS. RAWSON: Thank you.
CHAIRMAN MERRILL: So, it would be your recommendation and your
opinion that we can proceed based upon the notice provided as long as
those dates, which we've already indicated, predated this hearing by
sufficient time for them to be here?
MS. RAWSON: Yes, Chairman Merrill, it's my opinion that you can
proceed.
CHAIRMAN MERRILL: Okay. As they are finishing up looking at
thai, let the record reflect that it is quarter to nine. The hearing
was set to begin at 8:30. We have called out for the respondent. The
respondent has failed to appear at this hearing. Based upon the
recommendation of counsel, this hearing, unless there's an objection
by anyone on the board, will proceed at this time.
Hearing no objection; proceed.
MS. CRUZ: Thank you.
Mr. Luis -- Jose Juis and Lucila Catete are allegedly in
violation of an abandoned unsecured mobile home structure with several
broken windows and a damaged front door. This is a violation of
ordinance -- Collier County Ordinance 89-06, Section 5, Subsection
12-I and Section 16-B.
The owner -- the first date that the violation was observed was
OAugust 19, 1996. The notice of violation was given to -- was
attempted to be served to the property owner on September 12, 1996
with the compliance date by September 20, 1996. Several
re-inspections have been conducted after that and depicted that the
violation remains.
At this time, I'd like to ask Mr. Asaro to briefly comment about
what the violations exist -- the violations that exist on this
property are.
MR. ASARO: The violations that exist are abandoned property
pertaining to minimum housing, broken windows to the structure, a
broken door, also -- the structure is not secured. Also, there's an
abandoned vehicle on the property which is unlicensed.
MS. CRUZ: Mr. Chairman, if I may add, the abandoned vehicle has
a separate case, and that will be the next case heard.
CHAIRMAN MERRILL: Let's not get into the abandoned vehicle at
this time.
MS. CRUZ: Mr. Asaro, is there any evidence of anyone living in
this mobile home -- in this property?
MR. ASARO: There is now. When we initiated the case, there was
not. There is somebody living there now. We don't believe it's the
owner. I think it might be some friends or possibly some relatives.
We are just not sure.
CHAIRMA/g MERRILL: Let me ask you this. Is the condition or are
the conditions that you observed and are the basis of this violation
continuing at this time?
Page 5
16G2 ''
May 9, 1997
MR. ASARO: As far as I know, they are.
CHAIRMAN MERRILL: When you say that the structure is not
secured, what do you mean by that?
MIR. ASARO: The door -- the main entry door is broken, and it
tends -- it swings open. The windows are broken.
CHAIRMAN MERRILL: So, it's not latched or locked?
MR. ASARO: Right.
CHAIRMAN MERRILL: And does not latch or lock?
MR. ASARO: That's correct.
MR. DeBITO: Let me ask you a question. Is the mailbox -- where
is the mailbox, you know, in location to the building itself?
MR. ASARO: It's -- it's in the front of the main structure.
MR. DeBITO: And that's where they must receive their mail?
M~. ASARO: That's correct.
CHAIRMAN MERRILL: Ms. Cruz, anything else?
MS. CRUZ: No, sir, not from staff.
CHAIRMAN MERRILL: Any other members of the board have any
questions of code enforcement?
MR. DeBITO: Do we know, in fact, if these people are paying any
kind of rent to the -- do they have an association there in this
mobile home park?
MR. ASARO: They do have an association. At this time, I'm not
sure that they are active, and I don't know if these people are paying
any rent.
MR. DeBITO: No one questioned the manager or the owner of the
Opark?MR. ASARO: Well, we did question some neighbors that live in the
nearby -- in the area, and they just couldn't give us any information.
A lot of them don't speak English, and unfortunately, we just couldn't
get a lot of information out of them or I couldn't when I was out
there.
MR. DeBITO: But did we try and find out whether they've been
paying their bills to the park?
MR. ASARO: I'm'-- I personally didn't find that out. I tried to
find out who the owner was and where they -- where the owner was at
the time, and I just couldn't get that information out of them. I
made several attempts. I talked to some neighbors, and nobody knew
anything.
CHAIRMAN MERRILL: Any further questions from anyone on the
board?
MS. CRUZ: Mr. Chairman, if I may add, I, myself, was involved in
part of the investigation, and sometime last -- the week of April
21st, I visited the subject location. I talked to the individual who
is occupying the mobile home. She doesn't -- is not aware of the --
doesn't have any idea of the whereabouts of the owner of the property.
She is a friend of the owner's brother who could not help us in any
way either. I've explained to her the situation and the issue -- this
issue will be brought before the board, and also, there's no utilities
hooked up to this mobile home. Apparently, she is borrowing or using
the utilities from the next door neighbor.
Page 6
May 9, 1997
CHAIRMAN MERRILL: Is this mobile home in its present condition
under the code habitable?
MS. CRUZ: I am not a certified inspector to deter -- make that
determination, but what I could see -- I went inside this mobile home.
The ceiling is falling, and the floor in several sections is rotted.
It's really soft. There's no bathroom facilities. There's no cooking
facilities.
CHAIRMAN MERRILL: Anything else from anyone else?
Anything else from code enforcement?
MS. CRUZ: No, sir.
CHAIRMAN MERRILL: At that time, we'll close the testimonial
portion. Do you have any motions to make for us; recommendations?
MS. CRUZ: Allow me a second, please.
CHAIRMAN MERRILL: Go ahead.
MS. CRUZ: Mr. Chairman, staff has a recommendation. Staff
recommends that the board issue an order requesting the property
o,~ner, Mr. and Mrs. Catete, to secure the mobile home within 30 days,
repair this mobile home within 90 days from the date of the order
being issued, and if these are not corrected or this order is not
followed, then a fine of $50 per day be imposed. CHAIRMAN MERRILL: Anything further?
MS. CRUZ: In addition to that recommendation, we would like to
see that the board orders that if the property owner fails to comply
with this order, that the county be able to repair the violation by
taking the necessary actions to abate the violation.
OCHAIRMAN MERRILL: In restating your recommendation, you're
sking this board to order the property owner to secure by -- meaning
fixing the door and windows.
MS. CRUZ: Secure the mobile home, the windows.
CHAIRMAN MERRILL: Secure the mobile home by fixing the door and
the windows within 30 days of the date of the order, to repair -- what
do you mean by repair then if we fix the door and windows?
MS. CRUZ: Repair the broken windows; the inside, the interior of
the mobile home.
CHAIRMAN MERRILL: So, you're talking about flooring and things
like that?
MS. CRUZ: Uh-huh.
CHAIRMAN MERRILL: All right, within 90 days. If they do not
comply with either one of those, a -- issue a fine beginning at that
time of $50 a day and a -- if they fail to comply, to authorize the
county to do whatever it takes to bring it into compliance.
MS. CRUZ: To abate the violation.
CHAIRMAN MERRILL: To abate the violation.
MS. RAWSON: And then would a fine or a cost of repair be
assessed back to the landowner? MS. CRUZ: Yes, please.
CHAIRMAN MERRILL: The cost to landowner.
Are there any questions regarding the recommendation of code
enforcement from the board?
MR. OXLEY: I have one question. Lou Oxley.
Page 7
May 9, 1997
Is the mobile home on a lot owned by the owner of the mobile home
or is the lot owned by the park, because the park owner should have
some responsibility?
MS. CRUZ: Page 16 of your Composite Exhibit A, it's a copy of
the warranty deed. This warranty deed refers to the Port Au Prince
mobile home subdivision, lot 66.
CHAIRMAN MERRILL: So, I would assume then they own the lot.
MS. CRUZ: Assuming that --
CHAIRMAN MERRILL: Jean Rawson, you're looking at that deed. Is
that your opinion?
MS. RAWSON: It appears that the person who owns the mobile home
also owns the lot. The warranty deed that Ms. Cruz refers to shows
that the Catetes -- I know I mispronounced that -- are, in fact, the
owners of the land.
CHAIR/W. AN MERRILL: Does that answer your question, Mr. Oxley?
MR. OXLEY: Yes.
CHAIRFuAN MERRILL: Are there any other questions?
MS. TAYLOR: Is this the legal procedure to take care of this? I
mean, this doesn't sound firm enough to me. They have totally ignored
everything. Why must this go on and on and on? Is this the legal
procedure to -- what you suggested, is that the legal procedure? MS. CRUZ: Yes, ma'am.
CHAIRMAN MERRILL: Ms. Rawson, you're up.
MS. RAWSON: Ms. Taylor, the legal procedure -- the purpose of
Othis board is to bring people into compliance rather than to punish,
and first and foremost, your job is always, if there's a code
violation and you find that there is, and that's your first step, you
must find whether or not there is a code violation, and if you find
there is a code violation, your job is to bring it into compliance,
and then if -- so you give people a reasonable time to do that.
If they don't do that, then you have the power -- this is the one
board the county has that has teeth. You have the power to invoke
fines up to $250 a day, but you must give them a reasonable time.
Now, if it's a repeat violation and they come back again next
month and it's still not done or the month after that, then you can go
up to $500 a day, but this is, obviously, the first time these people
have been noticed, albeit notice by publication and posting, about the
violation.
If your concern is whether or not this will be brought into
compliance and if you decide in your motion to follow the
recommendations of the county, then, in fact, whether he fixes it or
the county fixes it, it appears that it's going to be in compliance.
So, yes, this is the legal procedure.
MS. SULLIVAN: Mr. Chairman, if I may, I think the reason that we
have recommended 90 days instead of a shorter period is because of the
fact we simply can't find these people, and I assume that the county
is probably going to have to abate the violation.
MS. SAUNDERS: If I may ask also, is there any -- it sounds to me
like what is going to happen is that we'll wait 90 days. The county
will go in, fix the property. Somebody who is ignoring everything
Page 8
1GG2 '
May 9, 1997
Oelse will then have the use of it. There will be no method whatsoever
to collect any monies from the repairs and replacement of this. Are
there any other actions that can be taken?
MS. RAWSON: Civil actions in a court of law.
MS. SAUNDERS: Does this board have the ability to recommend, for
example, ceasing the property --
MS. RAWSON: Well --
MS. SAUNDERS: -- or --
MS. RAWSON: -- you can always recommend that the county staff
and the county attorney look into civil actions that are separate and
apart from your -- what you can do, but your power is limited to,
basically, is there a violation of the code of the county, (A), and
bring it into compliance, (B), and (C), if they don't bring it into
compliance, what kind of fine are you going to impose until it is
brought into compliance. That's really the limitations of your power.
MS. SAUNDERS: Are we permitted to condemn a property and block
it off, prevent its usage at all instead of fixing it?
MS. RAWSON: Well, that's a twofold question.
You do not have condemnation powers, no.
If it is a hazard and it's dangerous, you have the power to put
in your order that it be roped off by the county and not be allowed to
be used if it is a hazardous condition. MS. SAUNDERS: Okay.
MR. DeBITO: Now that we intend to fix it, let's say we do, and
Owe have a squatter there or someone living there and they get injured,
can they sue the county now? Are we liable for our action?
MS. RAWSON: Well, I guess the answer to the question is, anybody
can sue the county. Will they win is another question.
Are you personally liable; no. You have, though it be qualified,
some immunity, and you are only doing what your job is, and that is to
find out if there is a violation and to try to bring the person into
compliance, and you don't ow~ that property, so you're not the one
that's going to get sued.
At some point in time, if, in fact, this person is a renter, it
is a possibility -- and sometimes in our cases we do bring actions, or
the county does, bring actions against both the landowner and the
lessee. That didn't happen here. So, the lessee is not a party.
MS. SULLIVAN: Mr. Chairman, when we began this case, I believe
that the -- the people that are in the unit just -- it's been a recent
thing.
I will add, for your information, that I'm working with the
county attorney's office on a mechanism to foreclose on these
properties that we're putting some liens on.
So, I guess to answer Ms. Saunders' question, you know, we would
place a lien on the property, and at some point, the property would be
sold or maybe the county would foreclose on it, but it will secure
whatever repairs that we would do on the property.
I think what we need to do is we need to get somebody out there
from the building department. It may not be economically feasible to
repair the structure, and then we would have the option of removing
Page 9
May 9, 1997
Othe structure. I think that's why we are leaving open
it
at
this
point to see which way we want to go with it.
MS. SA~DERS: So, under the recommendation that you've made,
when the building inspector gets there, it can, indeed, be that he can
basically condemn the property and removes -- or removes the structure
if that's --
MS. SULLIVAN: Well, we can -- we can -- what we'll do is on the
recheck date -- we want it to be secured. The people, you know, need
to put something over the windows temporarily or the doors or
whatever, and then on the recheck date, we'll go back out there and
see if the repairs or whatever have been done and if they are
sufficient. At that point, we'll take somebody, you know, from the
construction end of it with us.
The rule is, if the structure is, I believe it's 50 percent, if
it can't be repaired for 50 percent of the value, then we would remove
it.
MS. SAUNDERS: Okay.
CHAIRMAN MERRILL: Any other questions from anyone on the board?
MS. TAYLOR: I have one.
Is this -- is this a slum area or is this a nice park?
MS. SULLIVAN: Mr. Asaro, you're familiar with the park.
MR. ASARO: It's -- it's -- it's a park that, I think, people are
working to make it nicer. There is a few problem areas. A few of the
trailers are maybe -- I guess were abandoned, have been fixed. We
have a few cases in the area, but I think overall, I think the
are triving to make it a better
,residents of the area, most of them s
~' community to live in.
MS. SAUNDERS: I have just one more question.
Is it possible to speed -- I know you said because you hadn't
been able to reach the owners, you wanted to give them 90 days. I'm
very new at this, but that seems like a long period of time given all
of the other notifications. I see no -- no indication that there
would be any change from what has happened. Is it -- is it
recommended or is there any way to recommend that you speed that up?
I need your judgment on that. If you feel 90 days is appropriate,
then I will go with that, but my instinct says make it happen faster
because nothing is going to change.
MS. SULLIVAN: I guess I was hopeful that the people that are
living in the structure would get in touch with the owners in that
length of time, but, you know, the board -- if the board feels like
that's too long and wants to shorten it to 30 days, whatever, we would
have no objection to that.
See, there's a new twist with these people in I think is what's
kind of thrown us with this.
CHAIRMAN MERRILL: Any other questions from the board?
If not, I'll entertain a motion to find a violation or not.
MS. SAUNDERS: I'll move that we find the violation.
CHAIRMAN MERRILL: A motion that we find that the o'~ners are in
in violation. Do we have a second?
MR. LAVINSKI: I'll second that motion.
Page 10
16G
May 9, 1997
CHAIRMAN MERRILL: The motion has been moved and seconded. Are
there any further discussions regarding the motion?
Hearing'none, all those in favor of the motion, indicate by
saying aye.
All those opposed?
(No response).
CHAIRMAN MERRILL: Motion carries unanimously. They are in
violation.
Do I have a motion as to the order of this board to rectify the
violation?
MR. LAVINSKI: I'll make a motion that we go along with the
recommendations of the code enforcement.
CHAIRMAN MERRILL: We have a motion to go along with the
recommendations of code enforcement which specifically were to secure
the property within 30 days of the date of the order, to repair it
within 90 days of the date of the order. Failure to do those two
would result in a fine of $50 a day, and failure to comply would give
the -- also give the county the authority to do whatever they need to
do to abate the violation.
Is that the substance of your motion?
MR. LAVINSKI: Yes, it is.
CHAIRMAN MERRILL: Additionally, the cost of doing that would be
imputed to the landowner. MR. LAVINSKI: Yes.
CHAIRMAN MERRILL: That being the motion, is there a second to
Othe motion?
MR. DeBITO: I'll second the motion.
CHAIRMAN MERRILL: The motion had been moved and seconded. Is
there any further discussion on the motion?
MS. SAUNDERS: I have some discussion. I really would like to
suggest that perhaps we speed up the process, maybe giving them the 30
day notice and moving it to 60 days maximum rather than 90.
CHAIRMAN MERRILL: I'll ask, will you consider that as a friendly
amendment to your motion or not?
MR. LAVINSKI: Yes, I think that would make sense. Since this
has gone on a long time, maybe the 90 days is a little bit on the long
side.
CHAIRMAN MERRILL: Would the second also consider that as a
friendly amendment and re-second the motion? MR. DeBITO: I'll second it.
CHAIRMAN MERRILL: Okay. The motion, call it a friendly
amendment, to reduce that time from 90 days to repair to 30 days to
repair. So, realistically, what we're talking about is the order
would read that they secure and repair it within 30 days. The rest of
the motion would remain the same.
Is there any discussion then on that motion under those
proposals?
I did correctly restate that motion, did I not?
MR. LAVINSKI: Yes.
CHAIRMAN MERRILL: Is there any further discussion?
Page 11
May 9, 1997
MR. DeBITO: Can the -- you said something about we need two
inspectors to go out and evaluate the property building itself. Can
we do that within 30 days also?
MS. SULLIVAN: Yeah, we have a couple of people on our staff.
Plus, we have access to the building and permitting department, so I'm
sure I can probably get somebody to take care of that.
MR. DeBITO: You'll be able to do that within 30 days?
MS. SULLIVAN: Yes.
The motion that I just heard -- I thought we were talking about
60 days, and now we're talking about 30 days, and I'd like to --
MR. DeBITO: I thought so also.
MS. SULLIVAN: -- clarify that.
CHAIRMAN MERRILL: Then maybe I heard it wrong. Is it 30 or 60?
MS. SAUNDERS: We said 30 days to repair and 60 days is when --
MS. SULLIVAN: I think it was 30 days to repair -- secure and/or
repair and 60 days to --
MS. SAUNDERS: What was your 90 days originally?
MS. SULLIVAN: Ninety days to secure or repair -- secure or
repair or remove.
I just want you -- I just ask that you clarify the 60/30 thing.
MS. SAUNDERS: We wish to change it to 60 days to secure, repair
or remove.
CHAIRMAN MERRILL: So, then I'm -- I understand that portion, but
I'm confused. You still want them secured within 30?
MS. SULLIVAN: Right. I would like it secured quickly if
Opossible.
CHAIRMAN MERRILL: So, then let me restate this: secure the
violations within 30 days, repair or remove the violations within 60
days.
MS. SAUNDERS: That's correct.
MS. SULLIVAN: That would be correct except I would --
CHAIRMAN MERRILL: Pardon.
MS. SULLIVAN: -- say secure the structure within 30 days and
require within 60.
CHAIR/~AN MERRILL: Okay. Secure the structure, repair or remove
within 60 days. The fine we mentioned earlier of $50 a day and the
failure to comply provisions are all the same. Is that the motion
that everyone understands?
MR. DeBITO: Yes.
CHAIRMAN MERRILL: Is there any further discussion on that
motion?
Hearing none, all those in favor of the motion, indicate by
saying aye.
Any opposed?
(No response).
CHAIRMAN MERRILL: The motion carries. If you'll prepare the
order, we'll sign it.
MS. RAWSON: The way this works, Chairman Merrill, just so the
board knows, I'll prepare the order. We, obviously, have to have
specific findings of fact, conclusions of law and then the order, and
Page 12
May 9, 1997
OI'll prepare the order for the board and have your chairperson sign it
as soon as it's prepared.
Who is the vice chair, by the way?
CHAIRMAN MERRILL: Mr. Brandeen.
MR. DeBITO: Not here right now.
MS. RAWSON: I'll have Mr. Merrill sign it. I'll get it to him
as soon as it's done.
CHAIRMAN MERRILL: That concludes the business on that matter.
The next matter before the board is the Board of County
Commissioners versus Jose Luis and Lucila Catete and Larry Cook. That
is code enforcement board number 97-003.
Is there anyone present on that matter?
MS. CRUZ: Yes, Mr. Chairman, Mr. Larry Cook is present.
At this time, I'd like to request that the packet marked
Composite Exhibit A be admitted into evidence. This packet includes
the copy of the notice of violations served to Larry Cook. It also
attempted to be served to Mr. Jose Luis Catete and Lucila Catete.
This notice of violation was for alleged violation of illegal parking
and storage of a vehicle at the property located on 66 Isle of St.
Thomas, Naples, Florida, more particularly described as Port Au
Prince, Lot 66.
CHAI~4AN MERRILL: Mr. Cook, do you have any objection to that?
MR. COOK: To what? I'm sorry.
CHAIRMA/q MERRILL: Okay. %'~at she's asking to do is to enter
into the record some paperwork that indicate notice of -- MR. COOK: No. I'm sorry.
CHAIRM3kN MERRILL: Okay. Do you have any objection --
MS. CRUZ: Mr. Chairman --
MS. RAWSON: Mr. Cook, would you mind coming over here and
talking into the microphone and stating your name. Let's get you
sworn in. I have a couple of questions I want to ask you about that
first.
MR. COOK: My name is Larry Cook.
(Mr. Cook was sworn).
MS. RAWSON: Mr. Cook, were you provided with a cody of this
packet that is now being moved into evidence? MR. COOK: If this is it, then yes.
MS. RAWSON: Okay. And Chairman Merrill asked you if you had any
objection to that packet being moved into evidence in this case, and
your answer was you don't?
MR. COOK: I guess not. I mean, if that's how we proceed by
going on this, I guess.
MS. RAWSON: So, your answer is that you do not object if this is
introduced into evidence? MR. COOK: No.
MS. RAWSON: Okay. Thank you.
CHAIRMAN MERRILL: And without objection, that packet will be
received as County Exhibit A.
MS. CRUZ: Thank you, sir.
The description of violation is illegal parking and storage of
Page 13
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May 9, 1997
Ovehicle. It's a gold four door Lincoln Continental Town Car, VIN
number 1, M like Mary, R like Robert, B like bay -- boy, P like Paul,
96, F like Frank, 8, C cat, Y Yankee, 680950. This vehicle is stored
at the location -- at the property located at 66 Isle of St. Thomas,
Naples, Florida; more particularly described as Port Au Prince, Lot
66.
This property is owned by Jose Luis and Lucila Catete. The
vehicle is -- records, county records from the Department of Motor
Vehicle reflect that the owner of this vehicle is Larry Cook. Both
individuals were served with notice of violation asking to --
requesting that this violation be removed by May 30 of 1996, and a
final inspection of February -- I believe -- excuse me, April 21
reflected that the violation remains.
CHAIRMAN MERRILL: Do we have the same notice problems with
regard to Jose Luis and Lucila Catete -- MS. CRUZ: That's correct, sir.
CHAIRMAN MERRILL: -- as in the last case?
Could you describe for the record and enter those items of
evidence into the record as to how you proceeded to try to get service
and notice on these people?
MS. CRUZ: Procedures to serve the notice of hearing for case
number CEB 97-003 were the s~me procedures for case 97-002. The
notices were posted on the subject property, were advertised at the
Naples Daily News for four consecutive weeks like the ordinance
requires and certified mail being returned as not requested.
O~ CHAIRMAN MERRILL: Do you have a packet that you could enter into
record or was it the same packet that was entered into 002
earlier?
MS. SULLIVAN: It's the same packet, and the clerk has that in
her packet there in front of her.
MS. RAWSON: Let the record reflect that it is the same packet,
and it does mention CEB 97-002 and 003.
CHAIRMAN MERRILL: Ms. Rawson, is it your opinion that they have
been properly noticed for the hearing on this particular matter?
MS. RAWSON: Yes, for the same reasons as stated in case 002.
CHAIRMAN MERRILL: Are there any discussion or questions from the
board regarding notice of the hearing on the Catetes? Hearing none, we'll proceed with the hearing.
MS. RAWSON: Ms. Cruz, would you -- I have one question. Would
you explain to the board what the E estates district means or maybe
Ms. Sullivan?
MS. CRUZ: I don't have the book in front of me, and I couldn't
explain it verbatim, but the E estates, in certain circumstances, is
considered residential district also.
MS. RAWSON: That was a question that one of the board members
asked me that I didn't know the answer to. I don't have the entire
code either, so thank you.
CHAIRMAN MERRILL: Then do you want to proceed with the factual
portion of the hearing?
MS. CRUZ: Yes, sir.
Page 14
1 6G2 ' !
May 9, 1997
At this time, I'd like to ask Mr. Asaro to briefly describe the
violation that is located at the subject property at 66 Isle of St.
Thomas, please.
MR. ASARO: The violation is an abandoned unlicensed four door
Lincoln Town Car located in the front driveway at 66 Isle of St.
Thomas.
MS. CRUZ: Mr. Asaro, I believe you -- you did serve on July 12,
1996 a notice of violation to Mr. Larry Cook; is that correct? MR. ASARO: That's correct.
MS. CRUZ: And you were requesting -- why did you serve this
notice of violation to Mr. Cook?
MR. ASARO: Because Mr. Cook is the -- according to our records,
according to the records that we've obtained from the Department of
Motor Vehicles, he's the legal owner of the vehicle.
MR. DeBITO: I don't see a copy of the request from motor
vehicles of who the owner is.
MS. CRUZ: Mr. Chairman, if I may, I have a -- excuse me, a
letter from Guy Carlton's office stating that this is to verify the
Department of Motor Vehicle records show that the owner on an '82
Lincoln four door -- excuse me -- VIN number -- it looks like the same
VIN number I read before, to be Lar~j Cook residing at Pompei Lane,
P.O. Box 2867, Naples, Florida 33939, and I'll request that the --
allow me to enter this document as Exhibit B, case number CEB 97-003.
CHAIRMAM MERRILL: Would you show that to Mr. Cook?
MS. CRUZ: Excuse me.
CHAIRMAN MERRILL: Would you show that to Mr. Cook, please?
MS. CRUZ: Yes, sir.
CHAIPJf~kN MERRILL: Mr. Cook, if we can have you stand up at the
microphone so we can talk. MR. COOK: Yes, sir.
CHAIRMAN MERRILL: Having reviewed that document which has been
marked as Exhibit B, do you have any objection to it being admitted
for the purpose of this hearing?
MR. COOK: No. I also called, and they told me the same thing.
CHAIR/~AN MERRILL: Thank you, sir.
Are there any other questions from the board about Exhibit B?
MR. OXLEY: I have one question. Mr. Cook verifies that he sold
the vehicle. Do you have a bill of sale for the vehicle? MR. COOK: No, sir. It was eight or ten years ago.
MR. OXLEY: And so there's no verification? There's no
verification :hat you did sell the vehicle that the --
MR. COOK: No, sir. I've gone through my file. I have no
paperwork at all.
The man gave me the money, and I signed the title and handed it
to him. I had a cellular phone in there, and I called while he was
there because, you know, I cancelled my service on the cellular phone,
and he drove away with the car, and I never saw him until -- as my
letter indicates, I got a phone call from that lady, and that was at
least two or three years after I sold the car.
CHAIRMAN MERRILL: Mr. Cook, 'you just --
Page 15
May 9, 1997
MIR. COOK: I just don't -- didn't keep anything or if I did keep
it, I don't have it.
CHAIRMA/4 MERRILL: If we can just have you hold onto that thought
for a second and let's proceed in order.
Is there any questions on Exhibit B?
Hearing none, you're moving that into evidence for the purposes
of this hearing?
MS. CRUZ: Please.
CHAIRMAN MERRILL: It's moved in without objection.
Do you have any further evidence to offer at this time?
MR. ASARO: Not at this time I don't.
CHAIRF~kN MERRILL: Mr. Cook, do you want to question the code
enforcement officer on anything, ask him any questions?
MR. COOK: I was just curious what the license plate was on --
who that license plate is assigned to7 I mean, that certainly is not
my license plate.
MR. ASARO: I think Maria has that information.
CHAIRMAN MERRILL: Was there a license plate attached?
MR. ASARO: Yes, there was.
MR. OXLEY: It shows it on the photos.
MS. SULLIVAN: Mr. Chairman -- Mr. Asaro, was the licensed tag
that was on the car a current license tag? MR. ASARO: No, it was not.
MS. CRUZ: The license plate placed on the subject vehicle, it's
L Larry, S Sam, V Victor, 54, T Tom, this license was registered -- is
Oregistered to Armando, A-R-M-A-N-D-O, Perez, P-E-R-E-Z, registered to
2748 Vanburen Street, Naples, Florida, and this license was -- is
registered to a 1980 Chrysler two door expired February '94.
CHAIRMAN MERRILL: Does that answer your question, Mr. Cook?
MR. COOK: Well, then that would lead up to why wasn't he invited
here like I was? I mean, doesn't the license plate on there mean that
he had something to do with the car or not?
CHAIRF~AN MERRILL: I can only tell you from my experience that
people who attach tags that are not assigned to vehicles are, in fact,
violating the criminal laws. It's a second degree misdemeanor to do
so, and on any given day, you can go over there to the county court
and find them pleading Guilty or being found Guilty of that charge.
Why he wasn't here, perhaps code enforcement can answer that
question, but I don't know that it's Germane to the argument here.
The license plate is not assigned to that vehicle?
MS. CRUZ: Right. I also tried to contact Mr. Perez, and I could
not make any contact with him.
CHAIRMAN MERRILL: Do you have any other questions of code
enforcement, Mr. Cook?
MR. COOK: I'm just sorry I was in town. I don't kncw.
CHAIRMAN MERRILL: All right. Any member of the board have any
questions of code enforcement at this time?
MS. SAUNDERS: Yeah. Can we check or have we checked to find out
if this car was ever licensed to anybody else since -- i don't know if
the records allow us to Go back through -- do a computer search based
Page i6
May 9, 1997
Son the YIN number to see if a license plate was ever secured for this
that was a legal license plate? That might help establish that the
sale had actually taken place.
MS. CRUZ: I can do -- I can contact motor vehicle and find out.
What you're asking me is -- what you're asking is to find out whether
this particular vehicle was ever legally licensed other than Mr. Cook?
MS. SAUNDERS: That's correct.
CHAIR/W3~N MERRILL: Let me ask code enforcement a question. When
you -- when you went and checked for ownership of this vehicle, did
you check that by the VIN number? MS. CRUZ: Yes, sir.
CHAIRMAN MERRILL: That would indicate to me that it has never
been retitled.
MS. SAUNDERS: Mr. Cook, do you recall when you sold the car and
they drove away, how did they -- did you take your license plate off
it?
MR. COOK: Oh, yes, I took my license plate.
MS. SAUNDERS: Do you remember if they -- did they put on -- they
had something then to put on?
MR. COOK: Okay. I did not physically see them drive away. I
was working at the time, and I took my license plate, started to take
the telephone. Oh, no, no, we want that. We went off to my office
and did the paperwork, and they left, and I really have no idea what
they put on the car when they drove away.
CHAIRMAN MERRILL: So, I'm assuming -- again, trying to keep it
in order, that there's no questions for code enforcement at this time,
and we'll get into -- we'll let you have your say here in just one
second.
Okay. No other questions for code enforcement.
Mr. Cook, is there anything else that you want to tell us about
this transaction, it's your time to do so now.
MR. COOK: Well, just -- I guess you all want the records exact
and whatever. He said the car was a Town Car. Now, I believe it's a
Mark VI or Mark VII I think it was, and it wasn't a To,~n Car, and when
I had it, it was brown. It was not gold. I never went out and looked
because, for Ms. Taylor's benefit, I have heard it's a very bad
neighborhood, and I didn't care to be seen over there. I've not seen
the car, but I had a brown -- it was either a Mark VI or Mark VII
whatever they made in 1982. '
Other than that, my letter that I sent in is in the packet here.
When I got a call a few years back from a girl that said it was really
her car, she gave her boyfriend the money to come in and buy it and
wanted me to apply for a duplicate title and sign it over to her, I
talked to Chuck Iverson who is the representative from the state who
is assigned to Collier County. He said, oh, yeah, I could do that, I
could get a title. I would have to pay a fee, get the title and just
sign it over to them.
I presented the question -- now, she told me the car was in
Mexico, you know, what if it just ran over somebody or killed a sckool
bus full of children and I'm assigning that title today, could I not
Page 17
May 9, 1997
Obe held responsible for tP~to and he said, well, k%° signing it today,
it --~eans tP~t's when you're giving title today.
,--r. oe car was not here s-~s~ly, i could no% verify
PAd no idea w~.~ %his girl was. ~ere's always ~he thing ~P~ ~his ~y
%~t i really scld i% =u. gr~=~ i= ~y ~ =em years later. ~-~= i.' he
- . % ~ car
~=~iF~ ~ ' : At tPm :i~ you sold the car, di~ you ~ve the
~s a' ac:ual title :: :P~ car7 :Cd you =~ it cr did :he bank have
~. C~K: Oh. mo. mo, nc. ' c~ i: free and clear, and yeah, i
sign~ :he title and gave i: :o :hem.
C:~%i~ ,~KiL': So, you signed the certificate of title, and
you gave it :o them :o transfer :he ~itle?
:~.. C~K: Yes.
CF~I~V~N MERRILL: 9~ich is your understanding, the proper way to
do ~hat?
t~. COOK: I've sold a lo: of cars, and that's the only way I've
ever done it.
CF~I~ MERRILL: Was your title the t~e that had to be
notarized or just signed over, do you reme~er?
MR. COOK: I don't -- I don't recall that. I worked in a bank.
If it had to be notarized, I'm sure I had my secretary notarize it.
That part, I don't recall.
I know they've changed it so you don't have :o notarize ~hem
an~ore, but I don't recall if this was before or after that.
As far as dates go, the only thing -- I have not worked at the
bank since 1992, so I know this all happened before '92, bu~ I'm
guessing it was probably the late '80s when it all happened.
C~I~ MERRILL: ~d when you signed the title over, did you
also remove your license plates from that car?
~. COOK: Yes, sir.
C~I~ MERRILL: Did you take the car ou~ of your -- did you
take the car off of your insurance policy?
MR. COOK: Yes, sir, and I put the license plate on another
vehicle.
C~I~ MERRILL: You did transfer the license plate to another
vehicle?
~. COOK: Oh, yes.
C~I~ MERRILL: Thank you.
Does anyone else have any ~estions of Mr. Cook before he sits
do~? He doesn't like standing at that podia, I think. Anyone else?
Based upon what Mr. Cook said, is there anything else from code
enforcement?
MS. SULLIV~: I don't know if you call this a reco~endation at
this time, but we do have a solution, I believe. We have a person in
the county who will remove vehicles for us at no charge. If -- and I
Page 18
16G2
May 9, 1997
think the pertinent question is, does Mr. Cook want to keep this
vehicle or not?
CHAIRMA/~ MERRILL: Mr. Cook, do you want to keep any interest in
this vehicle?
MR. COOK: My feeling from when all of this started, and I'm not
sure which one of these people I've talked to, both in person and on
the phone, if someone would give me a piece of paper that says, hey,
this guy can't come back to me because you made me move it, I would
call Bobby Hall, and I'm sure he would be glad to come down and get
the car, but my concern is if I had the car removed, the guy that I
sold it to could come back and wave that paper to me, you sold that to
a junkyard after you sold it to me, and that's my only concern. If I
could be out, you know, out of harm's way from recourse -- no, I have
no use for the car, sir. I don't want it, you know. If that's an
easy solution, I certainly do not object to it.
CHAIRMAN MERRILL: Ms. Rawson, cor -- connect -- correct me if
I'm wrong, correct me in my language, but we are not determining
ownership here today. The only thing that we would do is to either
order it abated or not, and that abatement would include being
removed. That would not be your choice to have it removed, Mr. Cook.
That would be our choice to have it removed.
~4R. COOK: Okay.
CHAIRMAN MERRILL: So, I don't know how they're going to come
back on you because it's moved. Am I right on that?
O . MS. RAWSON: That's correct. You just need to decide if a
violation exists Findin that 1
th . . . · g 't does, how are you going to clear up
e violation. Removing the vehicle is the way to clear up the
violation, but it was nice that they asked Mr. Cook if he cared if
they moved what used to be his car.
MR. COOK: I appreciate the thought here.
CHAI~4.AN MERRILL: Does anyone on the board have any questions
for Mr. Cook or for anyone from code enforcement prior to closing the
evidentiary portion of the hearing?
Yes.
MR. DeBITO: Can we request the order squad from the sheriff's
department to run a check on that car?
MS. SULLIVAN: I'm sure we can. I'm sure we can.
Another option, you know, if Ms. Rawson thinks this is
appropriate, if the board could have the -- order the county to remove
the car.
CHAIRMAN MERRILL: Actually, that was my thinking. I was going
to suggest that in a motion that we would order the county to remove
the car, and that would alleviate Mr. Cook's concerns about how the
car vanished from the property.
MS. RAWSON: I think that's the best way to do it.
MS. SULLIVAN: I think -- I think the way this works is we have
the car removed at no cost to the county, and then the owner, Mr.
Cook, would be sent a bill from the storage of the car, and if he did
not want to pay that bill, then the car would be sold at auction or
whatever in 30 days. I think that's the way it works.
Page 19
May 9, 1997
CHAIRMAN MERRILL: Mr. Cook could, on the day that that hits the
storage lot, sign over to that storage lot any right, title and
interest he may have in that vehicle so that he doesn't get hit with
any storage charges?
MS. SULLIVAN: Right.
MR. COOK: Can I ask who does that?
MS. CRUZ: I believe the name of the company is Carlos Towing.
MR. COOK: Could I request that you have Bobby Hall from Pine
Ridge Auto take it? I mean, I know him, and I -- you know, I'd hate
to have Carlos come back to me and say you have a $300 towing bill
here and the car is not worth that, therefore, you owe me $300.
MS. SULLIVAN: Well, the only thing is since we don't -- since
you're the owner of the property -- if we could do this with no cost
to the county, we would have no objection to that. I don't think we
have any way of recovering any cost that we might incur. I don't know
what our towing cost or removal cost is.
MR. COOK: Like I said, just from my experience -- that's one of
the things I did at the bank was handle the collection and recovery,
and when I had a situation where I had a lien on the car, I would call
Bobby Hall -~ assuming he's still there, I don't even know, but -- but
he would take the vehicle at no charge.
I had to give him a title, obviously, from the bank, but in this
case, you know, if the Court or county or whatever is ordering it
removed, I still suspect that it wouldn't be any charge and he would
Ojust scrap the vehicle or sell it for salvage or whatever, but I mean,
like I say, I don't know anything about this Carlos Towing, and I
would just hate to have a bill come back down on me later for towing
if that is your agreement with him that, oh, now he can go to the
owner of the car.
MS. SULLIVAN: Mr. Chairman, if Mr. Cook wants to, you know, have
the car removed and sign over any interest he might have in it -- I
mean, he is, by our records, the owner. That might be the most
expedient way to do it. If he want -- you know, if he would rather
another party remove it.
MS. SAUNDERS: But that puts him in the middle of it.
MS. RAWSON: If his -- if his desire is to not be responsible or
liable for removing a car he sold to someone else and signing over
title that he says he doesn't have, it's probably better for you, sir,
if the county is ordered to remove the car.
MR. COOK: That's my feeling, but the way she just worded it,
that their agreement with the towing company is he could then come to
the owner of the car, who supposedly is me, for the towing bill.
MS. RAWSON: I think she said storage.
MR. COOK: Oh.
MS. SULLIVAN: It's a storage bill, and it's my understanding
that if it's not paid within X amount of days, then it's sold at
auction.
MR. COOK: Okay. If I could know when it's being done and talk
to this Carlos on that day, I mean, even if he wanted one day storage,
I'd probably pay it just to get this thing over with, but as long as
Page 20
16G2
May 9, 1997
Ohe knows I'm not going to be responsible for a whole lot of storage if
you call it that.
MS. SULLIVAN: I guess our recommendation would be to -- that we
would be agreeable -- staff would be agreeable to any method the board
would choose that would protect Mr. Cook. We have no problem with
that.
CHAIRMAN MERRILL: That is my concern. I see Mr. Cook here as
being somewhat in the position of an innocent past o~rner, and as long
as his interests are protected as well as the county's, then I would
have no objection, in my opinion, to a resolution in that manner.
I think we've about beat this thing as far as we want to beat it
do~. At this time, I'm going to call for a motion to a finding or
not that we do have a violation to proceed further.
MR. LAVINSKI: Yeah, I'll make a motion that we do have a
violation in this case.
CHAI~ MERRILL: We have a motion that we do have -- we find
that we do have a violation. Do we have a second? MS. SAUNDERS: I'll second it.
CHAI~4AN MERRILL: It's been moved and seconded. Is there any
further discussion on that motion?
Hearing none, all those in favor, please say -- indicate by
saying aye.
All those opposed, no.
(No response).
CHAIRMAN MERRILL: Hearing none, the motion is unanimous. We do
O find a violation.
Do I have a motion as to a recommendation as to bringing that
violation into compliance?
I'll make a motion then that the county remove the vehicle at the
least costly method to the county, preferably at no cost to the
county, and that county staff notify Mr. Cook upon its removal and to
where it is going so Mr. Cook can take the appropriate steps to
contact the storage agency and ensure that he's not charged for the
storage of the vehicle that he, in fact, probably doesn't even own,
but you don't have to include that in the motion.
MS. RAWSON: Mr. Merrill, back to the first motion that was
passed. There are two respondents listed here. Is it -- was it the
intent of your motion that the violator is not Mr. Cook but the first
respondent? I need to have my order correctly reflect that. Mr.
Cook --
CHAIRMAN MERRILL: Let's move back to that motion, and I would
ask you at this time to enter -- I would entertain a motion directed
at the Catetes.
MR. LAVINSKI: Yeah --
CHAIRMAN MERRILL: Do we have that motion?
MR. LAVINSKI: -- that was my intent, right, that Mr. Cook not be
involved in the violation --
CHAIRMAN MERRILL: Okay.
MR. LAVINSKI: -- citation.
CHAIRMAN MERRILL: All right. Then your motion is to find the
Page 21
May 9, 1997
~_atetes, the property owners, in violation, however, not find Mr. Cook
in violation of county ordinance; is that your motion? MR. LAVINSKI: That's correct, yes.
CHAIRMAN MERRILL: Do we have a second on that motion?
MS. SAUNDERS: Second.
CHAIRMAN MERRILL: Any discussion on that motion?
Hearing no discussion, all those in favor, indicate by saying
aye.
All those opposed.
(No response).
CHAIRMAN MERRILL: That motion carries unanimously, and that will
override the previous vote.
MS. RAWSON: Thank you. I appreciate that, and the order will so
reflect.
CHAIRMAN MERRILL: And back on the motion I just made is -- that
being to remove it. We find it in violation. The county to remove it
at the least costly method to the county and to notify Mr. Cook so
that he can take the appropriate steps to ensure that he doesn't incur
any expenses in its removal or ultimate sale.
MS. TAYLOR: Is it possible for him to have a letter stating just
that from --
CHAI~4AN MERRILL: I think he will have actually a copy of -- if
this motion passes, this will be a copy of the order of the board.
MR. COOK: That's what I was going to ask, if I got something on
_paper that says, hey, the Court did this or, you know, code
this or
something.
enforcement did
MS. RAWSON: I'll be happy to provide him with a copy of the
order once it's signed.
MR. COOK: Thank you.
CHAIP/~AN MERRILL: That motion has been made. Is there a second
to the motion?
MR. LAVINSKI: I'll second it.
CHAIRMAN MERRILL: The motion has been made and seconded. Is
there any discussion on the motion?
Hearing no discussion, all those in favor, indicate by saying
aye.
Any opposed?
(No response).
CHAI~ MERRILL: Motion carries.
Is there any further business on this violation?
MS. CRUZ: No, sir.
CHAIRMAN MERRILL: Hearing none, thank you very much folks.
We'll close the public hearing portion of the meeting.
MR. COOK: Thank you.
CHAIRMAN MERRILL: Move into new business, we are in the review
and discussion of the code enforcement board rules and regulations. I
know that everyone received a packet. In the packet were the rules
and regulations, a proposal that we had the opportunity to review.
Let me ask staff, has the code enforcement board north approved
these rules and regulations?
Page 22
! 6G2"
May 9, 1997
MS. SULLIVAN: Yes, they did that at their last meeting.
I would suggest -- Ms. Rawson is here for this meeting only until
permanent counsel is contracted here for the board, but she was
instrumental in the preparation of these rules, so I would suggest if
you have any questions, this would be a good time to ask them of her.
MS. RAWSON: Let me just say two things. For those of the board
members who don't know, I was on this board for five years and was the
chairperson for the last year and had the pleasure of serving as
chairperson during the Lely Barefoot Beach case and the Seminole
Indian case, which was a very wonderful experience, but it led to the
recognition of the need for these rules, and a lot of thought went
into the rule making, a lot of input was had from a lot of attorneys
who appear regularly before the board as well as the county attorneys,
the staff and myself.
First let me say that if the north board has already adopted the
rules, it would make common sense to me that you should have tke same
rules that the north board does. It's kind of like you don't have two
circuit courts with two sets of rules. People appear -- let's say
attorneys appear before you and also appear before the north board,
and you don't need different rules of she game when you appear before
the same board although you have different jurisdictions.
I'll be happy to answer any of the questions about why some of
the rules are here. I've read them very carefully, and I can tell you
that the reason a lot of them are here is because these problems came
oup, and we didn't exactly know how to solve some of the problems, and
we had to make, with the help of the code enforcement board attorney,
some rulings on the spot, and I think they are very thorough. The
north board has approved them, and most of that north board, or at
least half of them, sat through those two hearings I was just telling
you about.
So, if you have any specific questions about any of them, I'll be
happy to tell you, you know, what I think.
CHAIRMAN MERRILL: I guess the first thing we need to have is a
motion to approve those rules and regulations as they are presently
constituted, and then we'll get into discussion. Do I hear a motion?
MS. SAUNDERS: I'll so move.
CHAIRMAN MERRILL: Do I have a second?
MS. TAYLOR: I'll second the motion.
CHAIRMAN MERRILL: The motion has been moved and seconded to
approve the rules and regulations of the code enforcement board as are
in our packet. Is there any discussion on those?
MR. LAVINSKI: Yes, I have a question. On Page 2, Section 1,
might it behoove us to not meet at the same time as the north board in
case there are attorneys who might be representing the north board
plaintiff and a south board plaintiff at the same time?
MS. RAWSON: Mr. Lavinski, that's an excellent question, and
that's one of the things I noticed when I was reading these again last
night. It's my understanding that this board meets on the second
Friday, and so that would have to be a change in your rules. That
Page 23
May 9, 1997
O board meets on. the fourth Thursday. So, I thank you for pointing that
out. The -- if you decide to pass these rules, that change would be
made wherever that should appear.
CHAIRMAN MERRILL: Any other questions or discussion?
MR. DeBITO: I was reading over the rules. I think it was Page
3, but -- yeah, Page 3 where it says the file number. I'd -- I'd like
to incorporate not only the file number but the year, a date; maybe
file number '97 or something.
MS. RAWSON: Could you tell me where you're looking?
MR. LAVINSKI: Page 3, Section 2, I believe he's talking about.
MR. DeBITO: Yeah, Section 2.
MS. RAWSON: The case you had today was entitled 97-CEB -- well,
CEB 97-002 and 003. The first two digits of every case number are the
year. So, I think that, as part of the file number or the case
number, you will always have the year.
MR. DeBITO: Okay. I -- I didn't realize -- I wanted to question
that.
CF~IRMAN MERRILL: And then they go sequentially. That's what
two, three is.
Anything else?
MR. LAVINSKI: No. I think, in just general, it's important that
we do have consistency between the two boards.
CHAIRMAN MERRILL: Any other discussion? Going once, twice.
MS. SULLIVAN: I just -- I have a question.
CHAIRMAN MERRILL: Sure.
ZdS. SULLIVAN: Ms. Rawson, if -- if the board wants to adopt
these same rules with the changes that reflect the different time that
this board would meet, since the north board has already adopted these
rules, how would this be worded? Would it be that the south board
would meet at such and such a time without putting the north board in
it or how would we go about that?
MS. RAWSON: I think that you can have one set of rules and just
two sentences. You can say that the north board meetings will be on
the second Thursday or fourth Thursday, whatever it says, and the
south board meetings will be on the second Friday of ever%; month. You
can do that by just altering that one paragraph, and then you can have
the same set of rules for both boards.
MS. SULLIVAN: But that won't require the north board to react on
their set of rules?
MS. RAWSON: Well, technically, it would.
MS. SULLIVAN: That -- that's my question. I need to put that on
the agenda if that's the way it sounds.
MS. RAWSON: I think so. They probably need to ratify that
amendment.
MS. SULLIVAN: I will put that on their agenda. If you adopt the
rules as you have suggested, I will put that on the north board's
agenda for an amendment to that section.
CHAIRMAN MERRILL: Anything else?
MR. DeBITO: Yes. When you -- when you talk about days, do we
have to define as days being working days or just days?
Page 24
May 9, 1997
MS. RAWSON: If it's going to be defined as working days, it
would say working days exclusive of holidays, Saturdays and Sundays.
MR. DeBITO: The calendar days, when you say 30, it's just
calendar days?
MS. RAWSON: When it says days, it means calendar days.
CHAIRMAN MERRILL: Any other questions?
MS. SULLIVAN: What -- what section were you looking at on that
30 days, if I may ask?
MR. DeBITO: Page 4, Section 3.
MS. RAWSON: Seven days -- when you have to give the packet to
the other side, seven days prior to the scheduled hearing, is that the
one you're looking at?
MR. DeBITO: I'm looking at -- it says 30 days.
MS. SAUNDERS: The bottom of page -- the very bottom, last
sentence of Page 3.
MS. SULLIVAN: If this -- what it says is a minimum of 30 days.
We put 30 days, I think, when we amended the rules on the other thing
to give us time because there's a provision in here for something like
a pre-trial. So, I don't really think, you know, it matters whether
it's weekdays or whatever because it says a minimum of 30 days. I
mean, we have to give them at least that, but the way it works out is
however our schedule works out for us to schedule, you know, each of
the steps. So, if that helps you any.
The secretary in this case is us.
CHAI~4AN MERRILL: Anyone else have any questions or discussion
Oon the rules?
proposed
Anything else? No, okay.
MR. ADAMS: Randy, could I ask a question?
CHAIRMA2q MERRILL: Sure.
MR. ADAMS: Is there a boundary between the north and the south
boards, and where is that boundary?
CHAIRMAN MERRILL: My recollection is, staff, tell me if I'm
wrong, that we are bounded by the city on the west side, draw a line
down Golden Gate Parkway until you get to Santa Barbara, and then we
encapsule -- we go up to Green encapsuling Golden Gate City, and then
it comes back down 951, and I'm not sure where it goes west -- or east
from there.
MS. SULLIVAN: Do you have a map in your -- did we provide them
all with a map7
MS. CRUZ: There should be a copy of the map on ~he left side of
yourb ook.
CHAIRMAN MERRILL: Where does it go east from Golden Gate City?
Is it on 23rd or is it 75?
MS. CRUZ: 75; I believe it's 75.
CHAIRMAN MERRILL: It's safe to say we have below 75.
MS. SULLIVAN: Basically what it is, it runs along 75, and the
way that we came about this dividing line, we went back for several
years to see if there were more cases generated in one section than
the other. As it turned out, they were about equal the way we drew
the line.
Page 25
16G2
May 9, 1997
Basically, what you have is 1-75 except you include Golden Gate
City in that little thing. So, if it weren't for Golden Gate City, it
would probably be like this across.
CHAIRMAN MERRILL: And then it's the Parkway all the way into the
city.
MS. SULLIVAN: Right.
MR. AD,MS: Do the other board members have a map? I don't
remember seeing that when I went through my book.
MS. SULLIVAN: Yes.
MR. LAVINSKI: I think that map was in the packet we got at the
last meeting.
MS. SULLIVAN: We'll be happy to get you one.
CHAIRMAN MERRILL: Any other questions on the rules and
regulations? Any other discussion?
Hearing none, all those in favor of the motion to adopt the rules
and regulations, obviously with making the correct changes to reflect
the south board, indicate by saying aye.
All those opposed.
(No response).
CF~IR~[AN MERRILL: Motion carries unanimously.
~oving into old business; do we have any old business?
~S. CRUZ: None from staff.
CHAIRMAN MERRILL: None from staff. Any old business from the
board? No old business.
~4oving into reports; any reports from staff?
~S. CRUZ: Excuse me, sir?
CHAIRMAN MERRILL: Do we have any reports from staff?
MS. CRUZ: None from staff.
CHAIRMAN MERRILL: Anything from the board?
I have a question. Can you give us a timetable on the hiring of
board counsel?
~dS. SULLIVAn;: Ms. Saunders is -- myself and Ms. Saunders and a
member of the purchasing department compose the selection committee.
We met yesterday. We have recommended an attorney for the position,
so it's a matter of purchasing, doing the paperwork. I believe that
Mr. Bryant will be here for the June meeting, and I suspect depending
-- barring no problems with the contract with the attorney that's
chosen, I would suspect they will be on board from July on.
CHAIRMAN MERRILL: Thank you.
Any other reports?
No other reports, we are down to our next meeting will be June
13, 1997 in this room at 8:30.
Any other business to come before the board?
Hearing none, I'll take a motion to adjourn.
MS. TAYLOR: I'll make a motion that we adjourn.
CHAIRMAN MERRILL: Second?
MR. LAVINSKI: I'll second.
CHAIFLMAN MERRILL: Any opposition to that motion?
We adjourn.
There being no further business for the good of the County, the
Page 26
Omeeting
May 9, 1997
was adjourned by order of the Chair at 9:55 a.m.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY,
FLORIDA
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
BY: Dawn M. Breehne
Page 27
~i~blSCR~txI' OF T'rII~ZNg OF
COD~ I~bl~O~C~ BOA-RD - N0~55t
Naples, Florida, May 29, 1997
JUN 2 ? 1997 May 29, 1997
~(orr ( S
Hancock
C~stant tne~
~rri
Met on this date at 8:50 a.m. in REGULAR SESSION in Building 'F'
of the Government Complex, East Naples, Florida, with the following
members present:
CHAIRPERSON: Mireya Louviere
Charles Andrews
Fred Mueller
Jim Allen
George Ponte
Richard McCormick
Linda Griffin
Absent: Celia Deifik
ALSO PRESENT:
Richard D. Yovanovich, Attorney for CEB
Maria E. Cruz, Code Enforcement Specialist
Linda Sullivan, code Enforcement Director
Sal Soldano, Code Enforcement Investigator
David Hedrich, code Enforcement Inv.
Anthony Asaro, code Enforcement Inv.
Dennis Mazzone, Code Enforcement Inv.
I~isc. Co~cs:
Date:
Copies
Page i
¢,-13-1 ~7 10~ 27Af4
643
D&t®: May 29, 1997 &= g:30 o'clock A.M.
Location= Collier County Government C,nter, A~mn. Bldg, 3rd Floo=
NO'~: A~ PERSON w~O DECIDES ~ APPEAL A DECISION OF T~IS BO~RD WILL NEED A RECORD
OF ~ PReenINGS PERTAINING ~0, ~ ~ERE~ ~Y ~ TO ~S~E ~T A
~BATIM RECO~ OF ~ P~O~I~$ Z$ ~Z, ~I~ ~CO~ IN~E~ ~E TESTI~ ~
~ID~ U~ ~I~ ~ ~p~ IS ~ BE ~. ~I~g COLLIER ~ NOR ~ CODE
~R~ BO~ S~L BE RES~SIBLE FOR PROVIDING ~IS RECO~.
2.
3.
4.
VAL F A
~ V April 210 1997
A. 8¢¢ vs. BRUCE WOOD
B. BCC vs. CATHERINE STI~J~N
C. BCC vs. JONG K. LONg
D. BCC vs. JOH~ H. & CAROLE PHILLIPS
E. BCC vs. HOLLIS FOSTER
N/A
A.
R.
C.
CEB NO. 97-005
CEB NO. 97-006
C~ NO. 97-007
CEB NO. 97-008
CEB NO. 97-009
BCC vs. BRUCE ~X)OD CEB NO. 97-004
Doauville Lake Club Development ¢or~ra~ion
Request for P&rtial Release CEB No. 93-005
Article V, Section I
N/A
N~XT M N
June 26, 1997
1 6G2 ' 1
May 29, 1997
F~. McCORMICK: Call the Code Enforcement Board to order.
Note any person who decides to appeal a decision of this board
will need a record of the proceedings pertaining thereto and therefore
may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is to be based. Neither Collier County nor the Code Enforcement Board
shall be responsible for providing this record.
We will begin with the roll call to the left.
MS. GRIFFIN: Linda Griffin.
MR. PONTE: George Ponte.
MR. McCORMICK: Richard McCormick.
MR. ALLEN: Jim Allen.
MR. MIFELLER: Fred Mueller.
MR. ANDREWS: Charlie Andrews.
MR. McCORMICK: At this time I'll turn the Gavel over to our
chairperson.
CHAIRPERSON LOUVIERE: Mireya Louviere. I'm sorry I'm a few
minutes late. I did call, I think, but I'm Glad you started without
me.
MR. McCORMICK: All we did was the roll call.
CHAIRPERSON LOUVIERE: Has anyone tried to turn the lights on?
MS. CRUZ: I tried.
CHAIRPERSON LOUVIERE: And we can't Get them on. Okay. So we'll
just have to work by the dark.
I do -- before we Go ahead and approve the minutes, I do want to
say that I have a letter from Celia Deifik, and she would like to be
excused from this meeting. She had a trial that she's going to court
on and she needs to prepare for that; so I would like to have a motion
that we excuse Celia from this meeting. Do I have a second? MR. ALLEN: I'll second.
CHAIRPERSON LOUVIERE: Motion and a second. Everyone in favor
signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: Do I have a motion to approve the minutes
of April the 21st, 1991 -- 1997, I'm sorry?
MR. ANDREWS: So moved.
~. MUELLER: Seconded.
CHAIRPERSON LOUVIERE: We have a motion and a second. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: It passes unanimously.
Are there any changes to the agenda?
MS. CRUZ: Thank you, yes. For the record my name is Maria Cruz,
code enforcement specialist. Under public hearings, Item 3, staff is
asking to have this item removed since this item is Going to be
presented before the Code Enforcement Board South.
CHAIRPERSON LOUVIERE: Okay. I like it.
MS. CRUZ: It's in that jurisdiction.
CHAIRPERSON LOUVIERE: Are there any more that should Go to the
Page 2
1 6G2
May 29, 1997
south board?
MR. ANDREWS: Where is the south -- where is the demarkation
line? Anybody know?
CHAIRPERSON LOUVI£RE: I think a map was handed to us, and it's
in our packets in case anyone is interested.
MS. SULLIVAN: It's basically 1-75. It goes across 1-75, except
Golden Gate City is cut out in the south.
MR. ANDREWS: All right. What was that -- which one is being
postponed today?
CHAIRPERSON LOUVIERE: It's 4(B) which is BCC versus Catherine
Stir=nan; is that correct?
MS. CRUZ: That's correct.
MR. ANDREWS: Okay. Thank you.
CHAIRPERSON LOUVIERE: I make a motion that we postpone this
item. Should we postpone it or just say remove it from our agenda
totally?
MS. CRUZ: Remove it from the agenda.
CHAIRPERSON LOUVIERE: Okay. Let's remove 4(B) from the agenda
of the North Collier County Code Enforcement Board, as it will be
heard by the other board, the south board. Do I -- I made the motion.
Do I have a second?
MR. MUELLER: Second.
CHAIRPERSON LOUVIERE: We have a motion and a second. Ail in
favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: It passes unanimously.
MR. ALLEN: Madam Chair, since Miss Deifik's not here, are we
going to include Miss Griffin in our voting?
'CHAIRPERSON LOUVIERE: That's fine with me. That's something that
I wanted to discuss today, perhaps at the end of the meeting. And
I'll save it for the end of the meeting, after we hear all the public
cases, how we should incorporate our alternate members.
MR. YOVANOVICH: Well, why don't we just go ahead and make it
clear right now.
CHAIRPERSON LOUVIERE: Let's do that.
MR. YOVANOVICH: For the record, Linda Griffin will be
participating in today's Code Enforcement Board proceedings because
Celia Deifik is not here and, therefore, the purpose of the alternate
is to take the place of any absent board member. So as the alternate,
she fully participates in today's proceedings asking questions and
voting on all matters before the board.
CHAIRPERSON LOUVIERE: So just to clarify, any time we have a
board member that is out or, you know, absent for some reason, then
the alternate can then at that moment participate?
MR. YOVANOVICH: Right. That's automatic. And, again, if
somebody for some reason has a conflict in a case, the alternate would
participate in that case. And then when that case was completed, the
alternate would then go back to alternate status for any other cases,
assuming that you had full attendance at that meeting.
CHAIRPERSON LOUVIERE: Thank you very much. Any other changes to
Page 3
May 29, 1997
the agenda?
MS. CRUZ: No, ma'am.
CHAIRPERSON LOUVIERE: Okay. So shall we proceed with 4(A), BCC
versus Bruce Wood, CEB No. 97-005.
MR. ANDREWS: That's Tony Pires.
MS. CRUZ: Madam Chair~nan, members of the board, this item, BCC
versus Bruce Wood, Case No. -- CEB No. 97-005, appeared before this
board on April 21, 1997, and this case was never heard by the board.
This board decided to continue this case until today, until May 29,
1997, and the respondent was supposed to come before this board with
an approved SIP.
CHAIRPERSON LOUVIERE: Would you identify yourself for the
record, sir?
MR. PIRES: Yes, ma'am. Excuse me. Madam Chairman, Anthony P.
Pires, Jr., of the law firm of Woodward, Pires and Lombardo. And Mr.
Wood has submitted and has obtained approval of SIP 97-18. I can hand
out myself or ask your staff to hand these out to the board members.
CHAIRPERSON LOUVIERE: Thank you.
MR. PIRES: And I believe that the notice of violation that's the
basis for this action, the order to correct required, must show proof
of having obtained a Collier County building permit, and any and all
other required planning and zoning review and approvals for the
placement of the mobile home and related utilities for storage use or
remove same in the structures. You'll note the SIP that's approved
approves the location of the existing trailer which is on that site.
It's on the right-hand side. If you're looking at the site
improvement plan, it has the structure noted as being an existing
trailer. Also, there is a surrounding perimeter fence indicated as
being an existing fence. And the plan also notes the existing gravel
surface.
What the plan also requires is the installation of some various
landscaping, proposed trees along the southerly property line, three
in number; proposed trees, also, along the westerly property line --
westerly portion of it outside the fence, three in number; as well as
some shrubs. So we would ask -- this has been approved -- and would
request that, therefore, this case, you know, be dismissed and be
resolved in that fashion.
CHAIRPERSON LOUVIERE: Have you -- has your client installed -- I
mean performed the landscaping improvements to the -- to the site?
MR. PIRES: The required -- the proposed vegetation has not been
installed. Am I correct, Mr. Wood? No, the proposed shrubs and trees
have not yet been installed.
CHAIRPERSON LOUVIERE: I see. When does your client foresee
installing these?
MR. WOOD: As soon as possible.
MR. PIRES: For the record, as Mr. Woods indicated, it would be
as soon as possible.
CHAIRPERSON LOUVIERE: Does any board members have any questions?
MR. McCORMICK: What else is included in the construction of this
besides the landscaping? Is there any paving or additional gravel?
Page 4
16G2
May 29, 1997
MR. PIRES: I believe -- I believe that's all there is: it
references the existing trailer and the existing fencing, which I
think was one of the bigger issues that the staff was concerned about
that a fence had been installed in the past with a permit but was like
a separate lot or parcel as opposed to being incorporated into this
whole site along with the existing buildings to the -- to the north.
I believe the only work that needs to be performed are the planting of
the perimeter buffers which indicated being proposed trees or proposed
sh:-ubs. Is that correct, Mr. Wood? MR. WOOD: Yes.
MR. PIRES: And Mr. Wood has indicated that is correct, that's
all that needs to be performed.
MR. PONTE: Though I appreciate the fact that the respondent is
attempting to complete the work of the vegetation as soon as possible,
I think it would be a good idea if we could timetable it a little bit
rather than having it so vague.
MR. PIRES: I need to --
MR. WOOD: I want to get --
CHAIRPERSON LOUVIERE: If you could step up to the microphone and
identify yourself and let the court reporter swear you in, sir.
MR. WOOD: I'm Bruce Wood, and I'm going to put it in as soon as
I possibly can. It's got a lot of heavy gravel and I have to dig up
and it's -- I got a lot of junk that I've been starting to get rid of.
MS. CRUZ: He has to be sworn.
CHAIRPERSON LOUVIERE: He needs to be sworn in. Could you hold
on for just one second, please?
(The speaker was sworn.)
CHAIRPERSON LOUVIERE: Continue, Mr. Wood.
-MR. WOOD: The biggest thing is just coordinating -- getting --
I've ordered the fertilizer from a landscaper, the best quality, from
somebody that really knows about it, to make sure they're going to
grow. And he gave me authorization to go pick uD the shrubs already;
so I plan to do it as quick as I possibly can.
MR. PONTE: So the end of June is a reasonable completion date?
MR. WOOD: Something -- you said you didn't want it to last a
year. Let's give me five to six months if something should happen to
me. You know, I want to get it -- do it as soon as possible.
CHAIRPERSON LOUVIERE: I think five to six months is excessive to
plant landscaping. I mean, I personally don't think it takes that
long.
MR. WOOD: It's not just the landscaping. It's all the junk I've
got I have to move around and everything, you know.
CHAIRPERSON LOUVIERE: So we're talking about also clean-up of
your site?
MR. WOOD: Yes. I'm trying to get it all cleaned up, because I'm
getting prices ready to convert the second story of my warehouse, and
I have been having to do all of this all at the same time to get this
going. I'm already in the yellow pages.
CHAIRPERSON LOUVIERE: I think that something that we need to be
aware of is that CIPs, just like site development plans, do have a
Page 5
16G2
May 29, 1997
life and they can -- they're only good for what -- how many --
MR. PIRES: An STP is good for two years.
CHAIRPERSON LOUVIERE: Two years. I'm not sure about the SIPs,
how long they're good for. Where the owner has to do the work
dictated forth in the SIP within certain time limits. So we do
already have a time limit in the SIP. And I'm sure the code
compliance staff will monitor the site to make sure that the SIP is
complied with.
MR. WOOD: I mean, I want to do it as soon as I possibly can --
CHAIRPERSON LOUVIERE: Good.
MR. WOOD: -- because on top of the dump behind me, I don't want
to get involved in slowing up my own junk.
CHAIRPERSON LOUVIERE: Mr. Pires, did you understand that, you
know, our -- that you have an approved SIP which definitely probably
has a term where your client -- where it's good for -- you know, I
don't know what the time limit is -- and that our staff, code
compliance staff, will continue to monitor and make sure that this
gets done?
MR. PIRES: Absolutely.
CHAIRPERSON LOUVIERE: If you can make your client aware of that.
MR. PIRES: Yes, ma'am, I think he is, but I'll reinforce that.
CHAIRPERSON LOUVIERE: Great. That would be excellent.
Any other comments?
MR. McCORMICK: Just wanted to verify with the code enforcement
staff, the order of the board when this case was postponed or heard
before, it was that Mr. Wood just had to acquire the site improvement
plan. But was there any conditions of construction or completion?
MR. YOVANOVICH: Let me clarify for the record. I don't think
thi~ board has ever had an order, because the hearing has never gone
forward. There were some preliminary discussions about whether or not
to have the case go forward at the last meeting, and there was
discussions about why it might be wise to continue the hearing and not
actually hear the case. And that's what happened. The case was
continued because Mr. Wood, I believe, was making an effort to get
into compliance. So there never really was an order of the board at
that point, because there's just been no hearing at this point. We
have never opened the hearing.
And we're beginning to get into more discussions about how he's
going to get into compliance. We need to decide whether we're going
forward with the hearing on this case or not. Either we need to
dismiss the case or go forward and have a hearing and have this board
decide whether or not there is a violation.
MR. McCORMICK: Okay. That answers that.
MR. ANDREWS: Wouldn't you -- wouldn't you recommend that we keep
the case open until the thing is finalized because, you know, it can
go on forever.
CHAIRPERSON LOUVIERE: I'm sorry. I disagree with that. We have
an approved SIP, which has a time limit attached to it, and we have
code staff that will monitor to make sure that this gets done. I feel
that at this time I can dismiss this case. Mr. Wood has -- and Mr.
Page 6
May 29, 1997
Pires, they have met what they said they would do, which was go and
get a site improvement plan. If in the time allowed by this SIP, the
improvements are not performed, they're going to be right back here.
And I think Mr. Wood doesn't want to be back here.
MR. WOOD: No, I don't want to come back. The improvements are
cheaper than coming here.
MR. PIRES: He doesn't want me to come back here either. Trust
CHAIRPERSON LOUVIERE: Smart man. And I will be very upset if I
sec. you back here. I can guarantee you that.
MR. YOVANOVICH: Is that -- is that in the form of a motion to
dismiss the charges?
CHAIRPERSON LOUVIERE: Thank you. I make a motion we dismiss
Case 97-005. Do I have a second?
MR. MUELLER: I'll second that.
CHAIRPERSON LOUVIERE: We have a motion and a second. All in
favor signify by saying aye.
(Unanimous response.)
MR. PIRES: Madam Chairman and members of the board, thank you
very kindly.
CHAIRPERSON LOUVIERE: Did we have a negative vote? No. They all
were positive? Great. It passes unanimously. Yes, sir.
MR. MUELLER: I'm a little -- I feel a little inadequate that we
don't know more about an SIP as far as the time limit, and I would
like that in the future when we have something like this, perhaps code
staff could do some research so that we didn't sit here and say is the
time limit on that nine months or is it 30 days.
CHAIRPERSON LOUVIERE: I think that information can be found in
the Land Development Code. I don't think it would be very difficult
to find, and I like your thought. I think that would be a great idea
to know how long an SIP is good for. So noted. MR. MUELLER: Thank you.
CHAIRPERSON LOUVIERE: Is staff prepared to present the next
case, 4(C), Item 4(C), BCC versus John K. Long? MS. CRUZ: Yes, ma'am.
CHAIRPERSON LOUVIERE: Okay. Thank you.
MS. CRUZ: Case No. 97-007, BCC versus John K. Long. Mr. Long is
before this board for allegedly being in violation of an abandoned and
unsecured structure with several broken windows. This property is
located at 125 Second Street Northeast, Naples, Florida, and is more
particularly described as Golden Gate Estates, Unit 14, Tract 34,
north 75 feet of the south 180 feet. Mr. Long is the property owner
of record of the subject property.
The violation was observed on April 4, 1996. Notices of
violations have been served to Mr. Long via certified mail, posted on
the property, publicized on the Naples Daily News, and we have not
been able to contact Mr. Long. We have taken all of the measures
required per the ordinance to attempt to contact this property owner
and, again, we haven't been successful.
Page 7
6G2 ',
May 29, 1997
MR. YOVANOVICH: And, Maria, for the record, did you publish the
charges, the notice of violation, as well or just the notice of
hearing?
MS. CRUZ: The notice of hearing. I also have copies of the
publication that I would like to enter as a separate exhibit.
CHAIRPERSON LOUVIERE: Okay. Why don't we go ahead and enter
your exhibits. If Mr. Long's not here, we'll proceed, we'll enter
your exhibits, and then we'll make a ruling or a decision on it.
MS. CRUZ: Okay. I prepared a packet. I provided the board a
copy of all the evidence. The same copy has been attempted to be
served to the owner, Mr. Long. A copy's been provided to the
recorder. I'd like to mark this packet as Composite Exhibit A, CEB
No. 97-007, BCC versus John K. Long. In addition to that, I'd like to
introduce into evidence a one-page publication as Exhibit No. 97-007,
BCC versus John K. Long.
CHAIRPERSON LOUVIERE: Make a motion we accept into evidence the
following documents.
MR. YOVANOVICH: Madam Chairman, before we go much further --
CHAIRPERSON LOUVIERE: Yes.
MR. YOVANOVICH: -- the county's code enforcement board ordinance
requires that all notices required by the ordinance shall be provided
by certified mail, return receipt request, or by hand delivery by the
director or sheriff, and it continues on. If you are unsuccessful in
delivering it by the mail or by hand delivery, you can publish the
notice. The ordinance says all notices, and in my interpretation,
that means also the notice of violation; so when you were unsuccessful
in delivering the notice of violation either by certified mail or hand
delivery, you would be required under the strict reading of the
ordinance to publish the notice of violation, and that was the purpose
of my question. At this point it does not look like we've met the
notice requirements under the ordinance for notice of violation.
CHAIRPERSON LOUVIERE: If we have not met the notice
requirements, then obviously I cannot continue to hear this case,
because he'll come back and that could be a very important factor --
MR. YOVANOVICH: And unfortunately there's a recent case out
there that notice can be raised at the point of foreclosing on the
lien; so I don't want to get all the way down the road and then find
out that someone is going to raise the notice issue. I think the
county ought to look at the possibility of if there is any way to
eliminate the requirement of all notices being by publication. In
other words, maybe we can -- we can look at that. It's an awful
strict standard to have to publish the notice of violation in the
newspaper if you can't either deliver it by certified mail or by hand
delivery.
MR. ANDREWS: Does that mean any newspaper?
MR. YOVANOVICH: There are statutory requirements as far as which
newspapers. It has to be newspapers of general circulation.
MR. ANDREWS: This is a -- 9 years for me. This is the first time
this has ever happened, and that's why I asked this question. It has
to be the local paper?
Page 8
16G2. '
May 29, 1997
MR. YOVANOVICH: It's going to have to be -- probably the Naples
Daily News qualifies --
MR. ANDREWS: Me lives in Fort Myers.
MR. YOVANOVICH: I think it would be where the property is
located, which would be Collier County. I assumes it's Collier County
or else we wouldn't be here.
MR. ANDREWS: Okay. But all you have to do is print it. He
doesn't have to acknowledge it, right?
MR. YOVANOVICH: No. That's the purpose. If someone is trying
to avoid your delivering the notice to them, they can't hide forever.
You can go ahead and just publish it in the paper, and that would be
sufficient notice under the county's ordinance.
CHAIRPERSON LOUVI£RE: Okay. Well, the affidavit of publication
and the other items that Maria Cruz passed on to me have now been seen
by the other board members. I recommend at that point -- I make a
motion that Case No. -- Agenda Item 4(C), Case No. CEB No. 97-007,
that we obtain proper notice as directed by our attorney. And then
after we meet the notice requirements, we can hear this case. I'm
sorry. I tend to agree with our attorney and I feel that notice is
very important, and it could become an issue at a later date. I would
rather not even have to worry about it. MS. CRUZ: I agree.
MR. ALLEN: Question for staff, please. Does John Long still
exist? Is he still alive or just ducking everybody? How do you feel,
Mr. Hedrich?
MR. HEDRICH: David Hedrich from code compliance. I was able to
track Mr. Long from Naples to Fort Myers, from Fort Myers to Orlando
and he is still somewhere in the Orlando area at this time, just
unable to have him return contact.
CHAIRPERSON LOUVIERE: So we know there is a Mr. Long and he is
aware that he has an issue with this property?
MR. HEDRICH: Correct. He also has the same issue with several
properties in Lee County at this time as well.
CHAIRPERSON LOUVIERE: Fine. All the more reason why we should
follow due process notice. So that when it appears and -- I am here
maybe jumping the gun a bit -- that this individual may not come
before this board; so it's very important that we follow due process,
due notice so that in the future if we go further with it, there is no
problems whatsoever holding up our order. Okay. Thank you very much.
MR. HEDRICH: Thank you.
CHAIRPERSON LOUVIERE: Are we --
MR. McCORMICK: Do we need a second on that and a vote?
CHAIRPERSON LOUVIERE: Yes, I think we do.
MR. McCORMICK: I'll second your motion.
CHAIRPERSON LOUVIERE: We have a motion and a second. All in
favor, signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: It passes unanimously.
MR. McCORMICK: And let me ask for clarification, Mr. Yovanovich,
in all future cases, you'd recommend that the proper procedure is if
Page 9
May 29, 1997
the person cannot be notified through certified mail or a direct
delivery, then the notice of violation has to be published in the
newspaper?
CHAIRPERSON LOUVIERE: Either that or we have --
MR. YOVANOVICH: Absolutely.
CHAIRPERSON LOUVIERE: Either that or we have to amend the
ordinance.
MR. YOVANOVICH: We -- we -- we -- staff should look at that with
the county attorney's office to see -- and it may be statutory that
they have to do it that way, but they should make -- if it's something
that concerns staff, they should look at the notice provisions.
CHAIRPERSON LOUVI£RE: It might be statutory but I agree. I
think maybe they can look into it as an item, you know, they could
have -- they could modify the ordinance. MR. YOVANOVICH: Right.
MR. ANDREWS: There goes the cost again to this, our newspaper,
boy.
CHAIRPERSON LOUVIERE: Is staff prepared to present the next
case?
MS. CRUZ: Yes, ma'am.
CHAIRPERSON LOUVIERE: Okay. 4(D), BCC versus John H. and Carole
Phillips, CEB No. 97-008.
MS. CRUZ: Staff has provided the recorder of the board and the
respondent a copy of a composite exhibit finding -- bringing Mr. John
H. and Carole Phillips before this board for allegedly violating the
Ordinance 91-47, Section 5, 6, and 8 of the Collier County litter
ordinance for unlawful accumulation of litter consisting of cut trees,
wood, cardboard, paper, plastic, aluminum, metal, rubber, and
conWrete. I would like to ask Mr. -- Mr. Phillip -- let the record
show that Mr. Phillip is present. I'd like to ask Mr. Phillip if he
has any objection to admitting this packet into evidence?
You can come up before the board, please. Would you please state
your name for the record?
MR. PHILLIPS: John Phillips.
MS. CRUZ: I would like him to be sworn in, please.
(The speaker was sworn.)
MS. CRUZ: Mr. Phillips, you have received a packet with all the
evidence showing the violation described?
MR. PHILLIPS: Yes.
MS. CRUZ: Do you have any objection in admitting this packet
into evidence?
MR. PHILLIPS: Well, 90 percent of this right here is all cleaned
up. I only lack a little bit more of having it finished.
MS. CRUZ: Do you have any objection for the board to enter this
packet into evidence? MR. PHILLIPS: No.
MS. CRUZ: Staff requests that this packet provided to the board
be presented into evidence -- marked as Composite Exhibit A.
CHAIRPERSON LOUVIERE: I make a motion that we accept Composite
Exhibit A, CEB No. 97-008.
Page 10
May 29, 1997
MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: I have a motion and a second. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: Okay. You may proceed.
MS. CRUZ: Thank you.
CHAIRPERSON LOUVIERE: Thank you.
MS. CRUZ: The alleged violation, it's located at 1575 23rd
Street Southwest, Naples, Florida. It's more particularly described
as Golden Gate Estates, Unit 194, Tract 1. This property is owned by
John H. and Carole Phillips. The violation was first observed on
January 7, 1997. The notice of violation -- the last one was provided
to the property owners on February 20, 1997, requesting for a
compliance date of March 15, 1997. A final reinspection was conducted
yesterday, May 28, 1997, resulting in violation still remain.
Staff would like to call code enforcement investigator Tony Asaro
at this time, please.
MS. CRUZ: Mr. Asaro, would you please state your name for the
record?
MR. ASAR0: Anthony Asaro, Collier County code investigator.
MS. CRUZ: We need him sworn in, please.
(The speaker was sworn.)
MS. CRUZ: Mr. Asaro, I understand you've been the investigator
of this unlawful accumulation violation on the subject property? MR. ASARO: That's correct.
MS. CRUZ: Would you please tell this board what your findings
were during your investigations.
MR. ASARO: Okay. I believe on actually January 7th, I observed
litfer and debris consisting of cut trees, wood, cardboard, plastic,
aluminum, metal, rubber, concrete; an abandoned, unlicensed vehicle;
and various other amounts of litter and debris located throughout the
property.
CHAIRPERSON LOUVIERE: You observed this on May 28, 19977
MR. ASARO: No. Actually it was -- I believe it was January 7th.
CHAIRPERSON LOUVIERE: So we're discussing your first site visit?
MR. ASARO: Yeah, this is the initial visit.
CHAIRPERSON LOUVIERE: Okay.
MS. CRUZ: When was the last time you were out at the property,
Mr. Asaro?
MR. ASARO: It was on March -- I believe it was March 16th.
MS. CRUZ: If you refer to page 6 of your Composite Exhibit A.
14R. ASARO: Right. March 16th was the last time I was out there
according to my records.
CHAIRPERSON LOUVIERE: Please --
MR. ASARO: March 16th.
MS. CRUZ: Mr. Asaro, on page 14 and through 16, were these
pictures taken by you?
MR. ASARO: That's correct; these pictures were taken by me.
MS. CRUZ: And these pictures depict the violation?
MR. ASARO: That's correct.
Page
May 29, 1997
MR. McCORMICK: Let me ask a question to Miss Cruz. Do you have
the color photographs here? These are quite blurry. Could you just
pass those amongst the board so we can look at the originals?
MS. CRUZ: Our packet this time was really -- it was hard to see
the pictures.
CHAIRPERSON LOUVIERE: I think what we're trying to establish,
just so you know, is your first initial visit to the site, and the way
it was presented -- that case has been presented so far, it's -- he
was supposed to comply by March 15, 19977 MR. ASARO: That's correct.
CHAIRPERSON LOUVIERE: And I want to know, have you been there
aftar that date, and if so, when was the absolute last visit that you
were there and what did you observe, because Mr. Phillips is stating
that he has cleaned up the site; so I need to --
MS. SULLIVAN: Madam Chairman, maybe I can clear this up for you.
Mr. Asaro was ill yesterday and couldn't be at work so we sent Mr.
Hedrich out and he's taken new pictures.
CHAIRPERSON LOUVIERE: Excellent. That helps. Thank you. Okay.
Okay. So continue.
MR. ASARO: That was the last time I was out there was March
16th, and I've been reassigned to a new area; so Dave Hedrich has
taken over the case, I believe, and he was out there yesterday.
CHAIRPERSON LOUVIERE: And on March 16th when you went on site,
the violation continued --
MR. ASARO: This violation still remained as far as --
MR. PHILLIPS: Not all of them, though.
MR. ASARO: Well, I would say --
MR. PHILLIPS: I got rid of the truck, the refrigerator --
'MR. ASARO: That's correct, but I would --
MR. PHILLIPS: I had a dumpster out there, and I filled it up
with the stuff you were talking about. I moved the spare tires
inside. I got rid of the other truck we were going to make a swamp
buggy out of. I had to move that off.
MR. ASARO: Right. But I believe that was -- when I was out
there, I believe 90 percent of it remained. And I think I talked to
you afterwards and you said you were moving the vehicle?
MR. PHILLIPS: Yeah. I got rid of both swamp buggies. I got rid
of the yellow truck, the four-wheel-drive truck, I tagged it.
CHAIRPERSON LOUVIERE: That's fine. We -- we'll go ahead and if
can just continue to listen and then we'll give -- we'll give you an
opportunity to speak, sir. Thank you very much. Any other comments
or questions?
MR. AN-DREWS: Do you want to see these?
CHAIRPERSON LOUVIERE: Any other questions from the board
members?
MR. ANDREWS: Yeah. I'm trying to figure out -- we're talking
about March 15th all along and -- and my thing here this says
reinspection was April the second, and we haven't -- hasn't even been
mentioned in this conversation. Who -- who inspected it on the
second?
Page 12
May 29, 1997
MS. CRUZ: Mr. Asaro, refer to page 6, please. April 2nd, it says
a recheck investigation. Were you at the property on April 2nd? MR. ASARO: No, I was not.
MS. CRUZ: Staff has no further questions for Mr. Asaro at this
time. I would like to call Dave Hedrich.
MS. CRUZ: Excuse me a second, please.
CHAIRPERSON LOUVIERE: Yes.
MS. CRUZ: Mr. Hedrich, please state your name for the record?
MR. HEDRICH: David Hedrich, Collier County code compliance.
MS. CRUZ: We need Mr. Hedrich sworn in, please.
(The speaker was sworn.)
MS. CRUZ: Mr. Hedrich, I understand you visited this property
ana reinspected it for compliance?
MR. HEDRICH: Yes, I did, yesterday, May 28, 1997. I met with
Mr. Phillips and we did a walk-around inspection of the property.
MS. CRUZ: Would you please go back to page 6 of this Composite
Exhibit A. On April 2nd I have a notation that says April 2nd, a
recheck investigation. Copy of an NOV was given to myself -- and your
initials right after the statement; does that mean you were -- MR. HEDRICH: Correct.
MS. CRUZ: Does that mean you were at the property?
MR. HEDRICH: Yes.
MS. CRUZ: And you noted the violation still continued on that
date?
MR. HEDRICH: It still existed at that time.
MS. CRUZ: Thank you.
CHAIRPERSON LOUVIERE: Are all the violations in existence,
because I have Mr. Phillips here stating that he has Derformed some
cleaRuD of the site?
bfR. HEDRICH: Correct. What Miss Cruz was referring to was the
April 2nd visit.
CHAIRPERSON LOUVIERE: Oh, I see. I'm sorry.
MR. HEDRICH: Yes. Now, as of yesterday's visit, there was a
considerable amount of difference between April 2nd and the May 28th
evidence of litter that I saw on the property. He has done a
considerable amount of work but still has several areas that do need
to be cleaned up and looked after.
MS. SULLIVAN: Madam Chair, would you like to see the pictures
that were taken yesterday for comparison?
CHAIRPERSON LOUVIERE: Yes, please.
MS. SULLIVAN: Okay. If we could enter those.
CHAIRPERSON LOUVIERE: I make a motion we enter those as
Composite Exhibit B. I believe we had done A before. Do I have a
second?
MR. ANDREWS: Andrews, second.
CHAIRPERSON LOUVIERE: Mr. Andrews seconded. All in favor signify
by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: Questions?
MR. ALLEN: I'd like to ask Mr. Phillips a question, please.
Page 13
May 29, 1997
Knowing that Collier County is going to come back, Mr. Phillips --
MR. PHILLIPS: I couldn't understand you.
MR. ALLEN: Excuse me. Knowing that the county is going to come
back and check these items time after time, why have you left so
little -- I mean, you're 90 percent done.
MR. PHILLIPS: Well, you know, I work six days a week. This guy
that's turning this stuff in, he don't work at all. And I can't get
the paint cans out there until Saturday between 8 and 12 at the county
dump.
CHAIRPERSON LOUVIERE: That's right, because they have a special
dump time for paint.
MR. PHILLIPS: Right. And the stuff behind there, I think you'll
see a frame there, belongs to my son who was supposed to come and get
it two weeks ago. He hasn't come and got it yet; so there's some
four-wheel-drive parts back there. And that's 600 feet from the road.
I don't know why this guy is complaining about it. I've lived there
for 18, 19 years, and this guy built across the canal, 140 feet across
this canal. He's got to get binoculars to see my workshop. I don't
know why this man is so after me, but he is.
CHAIRPERSON LOUVIERE: How long is it going to take you -- are
you going to keep the parts for the swamp buggy?
MR. PHILLIPS: My son-in-law is going to come get them.
CHAIRPERSON LOUVIERE: Oh, okay.
MR. PHILLIPS: I had to get rid of them --
CHAIRPERSON LOUVIERE: He hasn't built it, huh? How long is it
going to take him to build it?
MR. PHILLIPS: I had two of them out there. I just got rid of
them. I sold them.
- CHAIRPERSON LOUVIERE: Oh, man.
MR. PHILLIPS: This guy is turning me in for everything.
CHAIRPERSON LOUVIERE: If you live in Collier County, you got to
have a swamp buggy, don't you think?
MR. PHILLIPS: Well, I did have one. And I've worked out of this
shop back there for 18 years. I had to disassemble all my temporary
poles, which I use all the time. I can only store so much in this
workshop, you know. There's not much left out there.
CHAIRPERSON LOUVIERE: What is staff's recommendation?
MS. CRUZ: Staff recommends that this board finds John H. and
Carole Phillips in violation of Ordinance 91-47, Section 5, 6, and 8,
unlawful accumulation of litter, and allow Mr. -- order Mr. Phillips
to remove the remainder of the litter within 30 days -- excuse me, by
the next board meeting, which is June 26, 1997.
MR. ALLEN: Do you think that's reasonable, Mr. Phillips?
MR. PHILLIPS: Yes, sir.
MK. ALLEN: Do you think you can have the rest of it done in the
next 30 days?
MR. PHILLIPS: Yes, sir. If I know exactly what-all you want
moved, just the stuff around the back and on the side there.
MR. HEDRICH: I'd be more than happy to work with Mr. Phillips on
a weekly basis, if needed, to assure that the violation is removed.
Page 14
16G2
May 29, 1997
CHAIRPERSON LOUVIERE: Now, understand that we're going to find
you in violation, but we're not going to assess fines or do anything
of that nature. We're going to give you another 30 days, and it's
really important that you get out there and you clean everything up.
I understand you work a lot. We all kind of have the same problem; so
just try to work with us so we don't see you back here again in 30
days.
MR. PHILLIPS: All right, ma'am.
CHAIRPERSON LOUVIERE: Is that all right?
MR. PHILLIPS: Yes, ma'am.
CHAIRPERSON LOUVIERE: Okay. So I make a motion that we find
John H. and Carole Phillips in violation of the listed violations in
CE[ No. 7 -- Case No. 97-008, but we are not going to impose fines at
this time. We are going to give Mr. Phillips an additional 30 days to
continue cleanup of his sight until he meets our code. Do I have a -- MR. ANDREWS: Second, Andrews.
CHAIRPERSON LOUVIERE: Okay. Mr. Andrews --
MS. CRUZ: Madam Chairman.
CHAIRPERSON LOUVIERE: Yes.
MS. CRUZ: If I may amend that recommendation, that the
compliance date be by June 25th. That way it'll give staff time to
prepare an imposition of fines if it needs to be and bring it before
this board on the 26th.
CHAIRPERSON LOUVIERE: June the twenty --
MS. CRUZ: Fifth.
CHAIRPERSON LOUVIERE: You must comply by June 25, 1997; correct?
MS. CRUZ: Yes, Ma'am.
CHAIRPERSON LOUVIERE: All right. I so amend my motion.
-MR. ANDREWS: Amend my second.
CHAIRPERSON LOUVIERE: All in favor signify by saying aye.
(Unanimous response.1
It passes unanimously.
MR. YOVANOVICH: And you intend if he is not in compliance by
that date that it comes back to the board for a determination on the
amount of fine per day.
CHAIRPERSON LOUVIERE: Correct, yes. At that time on June 26th,
which is our next scheduled date; correct? MS. CRUZ: That's correct.
CHAIRPERSON LOUVIERE: We will then -- I would like to hear this
-- I'd like to see this case come back to us, and I would like to know
the status of it. If you're not in compliance by then, then we will
start assessing fines to you.
MR. PHILLIPS: Say in about two weeks, could you have him come
out there and make sure I've done everything he wanted to?
CHAIRPERSON LOUVIERE: Oh, he'll be out there to see you a lot.
MR. ANDREWS: He might -- he might come so often that he might
help you.
MR. PHILLIPS: He might do that.
f~. HEDRICH: I have before.
MR. PHILLIPS: Is that it, ma'am?
Page 15
6G2.
May 29, 1997
CHAIRPERSON LOUVIERE: That's it.
MR. PHILLIPS: Thank you.
CHAIRPERSON LOUVIERE: Is staff -- I would like to hear the next
agenda item, and that after that maybe we'll take a break and then
listen to old business. Will that be okay with everyone?
Okay. So we will proceed with case 4(E) -- Item 4(E) rather, BCC
versus Hollis Foster, CEB No. 97-009.
MS. CRUZ: Thank you. Case No. 97-009 Board of County
Commissioners versus Holly Foster. Mrs. Foster is brought before this
board for allegedly being in violation of Ordinance 91-47, Section 5,
6 and 8, for unlawful accumulation of litter consisting of auto, auto
parts, truck parts, batteries, exl~osed oil pails, wood, rubber, metal,
plastic, household trash, bikes, shelves, tanks, mounds of dirt,
construction debris, appliances, vegetation, and paper and trash. Let
the record reflect that Miss Holly Foster is not present. Jody
Burgess, lessee, acting as the representative for ow~ner, is present.
MR. YOVANOVICH: Does she have any written authorization that she
is acting on behalf of and can bind the owner of the property?
MS. CRUZ: I am not aware of a written authorization. I talked
to Mrs. Burgess, and she advised me that she is renting with option
to buy this subject property.
M~. YOVANOVICH: But you have not spoken to Mrs. Foster?
MS. CRUZ: No, sir.
M2q. YOVANOVICH: Again, I'm concerned about an agent coming
forward and binding the principal when we have no actual verification
from the owner of the property that this woman is her authorized
representative. That we are not -- the lessee has not been charged
with violating any orders.
-I' have a few other concerns regarding the notice as well. I
don't see any evidence in the packet that the notice of hearing was
actually received. Has that -- do you have that, Maria? That has
been signed?
MS. CRUZ: I have -- I have the certified receipt.
MR. YOVANOVICH: Okay. Well, then that concern°s gone. But I
still have the concern about the agent at this time.
CHAIRPERSON LOUVIERE: I do also have a concern with the agent,
because if we do hear this case, and we want to find this and we want
to rule on this matter, we can't fine the person that's here
representing the property owner. I mean, we only have authority to
fine the property owner.
MR. YOVANOVICH: Right. And without verification that she's the
authorized agent, I'm --
CHAIRPERSON LOUVIERE: I did not even -- I don't know. I didn't
look at my packet close enough, but I didn°t even see any agreement to
purchase the property or anything like that which -- in which case
would still not -- it wouldn't change things in this case. MR. YOVA/~OVICH: Right.
CHAIRPERSON LOUVIERE: I need to have the owner before us or --
Hollis Foster, that is the owner of this property?
MS. CRUZ: That's correct.
Page 16
662 ''
May 29, 1997
CHAIRPERSON LOUVIERE: And have you served her at all? Has she
-- is she aware of the problems this property is having?
MS. CRUZ: According to the record, she is aware. She signed for
the certified receipt --
CHAIRPERSON LOUVIERE: Okay.
MS. CRUZ: -- with copy -- you know. We sent her a copy of the
entire packet advising her that she was going to -- scheduled before
this board today.
CHAIRPERSON LOUVIERE: Okay. So we do have due process on
serving the owner of the property, which is Hollis Foster?
MR. YOVANOVICH: Right.
CHAIRPERSON LOUVIERE: Okay. In the past this board has listened
to people that have a vested interest in the property; so maybe what
we could do is listen to -- and I'm sorry -- what is the person's name
that --
MS. CRUZ: Jody Burgess.
CHAIRPERSON LOUVIERE: We could maybe listen to Jody Burgess, but
since we have served the owner of the property, we could technically
still rule on it.
MIR. YOVANOVICH: Yeah. I need -- I need clarification from this
board on one other matter, and I was hoping to not have to ask this
question. But as you know at our last meeting on April 21st, we
adopted rules of procedure for the board. CHAIRPERSON LOUVIERE: Right.
MR. YOVANOVICH: And one of those rules of procedure was that we
would give at least 30 days notice of the hearing. CHAIRPERSON LOUVIERE: Uh-huh.
MR. YOVANOVICH: The notice of the hearing was signed May 8,
1997-.
CHAIRPERSON LOUVIERE: So we did not --
MR. YOVANOVICH: We did not follow our own rules. The question I
have for this board and need clarification on is, I -- I don't know if
you intended that to mean that these rules apply to someone who had
gotten a notice of violation -- notice of violation prior to the
adoption of the rules or is it just brand new cases that started after
the adoption of the rules was, or was it intended that any case that
was in the pipeline, the notice of hearing rules would apply? I don't
know what the board intended, and I need some clarification from the
board on that.
MR. McCORMICK: In that regard, what was provided with the notice
to Hollis Foster?
MS. CRUZ: The entire packet that you have in your hands today.
MS. SULLIVAN: This case started in January.
CHAIRPERSON LOUVIERE: Okay. So basically what staff is -- what
I'm hearing from staff is that this case was already being heard or
they were in prepare -- in the process of preparing this case prior to
us adopting the rules.
MR. YOVANOVICH: I understand that. I'm asking was that the
board's intent that any case that was in the pipeline, the new rules
didn't apply to them? I don't know. That's why I'm asking. I'm not
Page 17
1 6G2 ,,
May 29, 1997
sure that was ever discussed or anybody even thought about it.
MS. SULLIVAN: Madam Chairman, I think the problem with deciding
otherwise is that we would have to put all of these cases on hold.
CHAIRPERSON LOUVIERE: I understand that. I think in this case,
because they were preparing the case prior to the rules being adopted,
I think we should, you know, look at some leniency in the 30-day
waiver. In the future, I am with you. We have rules and cases that
will get a little bit maybe more complicated. We need to start
adhering the 30-day rule. Okay?
MR. YOVANOVICH: Okay. Just wanted a clarification.
CHAIRPERSON LOUVIERE: Fair enough.
MR. ANDREWS: Do you want to -- this lady to speak? I think
we're just spinning our wheels there. I would like to give 30 days
until we have authorized representation. In other words, we're just
going to listen to this thing twice.
CHAIRPERSON LOUVIERE: I don't have a problem with this. The
only concern that I have is that the nature of what is going on on
this site, which is we have some oil leaking. We have -- I mean, we
have something that sounds almost like hazardous waste. When I was
reading the package last night, this is the case that concerned me the
most just because of the nature of what is on that site, you know,
oil. just that bothers me. But we do not have the owner here; so what
do you think?
MS. CRUZ: If I may add, this morning was the first time I heard
from Mrs. Burgess, and I was aware that she is the tenant. From our
conversation she led to believe that she is the responsible party.
She resides at this location and she kind of admitted that they are
responsible for the accumulation of this violation. Also, ordinance --
the ~and Development Code, 91-102, Section 1.94, states that the
liability is upon -- it falls upon the tenant, agent, owner, occupant
under those circumstances. I know she has never been notified, but
perhaps this board would like to hear from her.
MR. YOVANOVICH: I think you can absolutely charge any one of
those individuals or all of them with the violation under the Land
Development Code. And I think you can forward today without the owner
here because you did provide proper notice, and that was my concern
when I wanted to make sure we did notify the owner. The owner has
been notified, and you can go forward even though she decided not to
show up. But I don't think you can go against the tenant at this time
because you've not charged her with violating the ordinance. MS. CRUZ: I agree.
CHAIRPERSON LOUVIERE: I propose we listen to this case because
we have served the owner, the owner has received notice, and she for
whatever apparent reason has decided not to be here. We have the
person that is renting the property, which in the past we have a
decision to listen to people that have a vested interest in the case
and if -- if we need to rule on this matter -- if we rule on this
matter today and find against the owner, we have served the owner and
we have due process.
MR. YOVANOVICH: Correct.
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May 29, 1997
CHAIRPERSON LOUVIERE: Correct? Ail right.
MR. ANDREWS: Madam Chairman, I'll agree with you this time.
CHAIRPERSON LOUVIERE: Well, good. Thank you. That's a trait I
look for in a husband.
Should we proceed with this matter? Thank you.
MS. CRUZ: Thank you. I have provided this board, the recorder,
and the owner of record a composite exhibit stipulating the alleged
violation and the ordinance being violated. I would like to introduce
this packet into evidence marked Composite Exhibit A at this time.
CHAIRPERSON LOUVIER£: Okay. I make a motion that we accept your
packet as Composite Exhibit A. Second? MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: Andrews seconds it. All in favor signify
by saying.
(Unanimous response.)
Passes unanimously. Would you like to continue?
MS. CRUZ: Yes, please. Thanks. At this time I'd like to call
Sal Soldano, code enforcement investigator.
CHAIRPERSON LOUVIERE: Sir, if you could identify yourself for
the record and be sworn in, please.
MR. SOLDANO: Good morning, Madam Chairman, members of the board.
My name is Sal Soldano. I am an investigator with Collier County code
enforcement.
[The speaker was sworn.)
MS. CRUZ: Sal, you've had a chance to investigate the subject
property?
MR. SOLDANO: Yes. I have.
MS. CRUZ: Would you please tell this board what your findings
were'during these investigations.
MR. SOLDANO: On January 27, 1997, I responded to 545 13th Street
Northwest in reference to Complaint No. 70122-87. When I arrived at
that location, there was large mounds of dirt, construction material,
rocks, wood, metal, plastic, household trash, rubber, truck parts,
appliances, blocks, poles, furniture, bikes, trikes, shelves, pails,
pails of oil, auto parts, paper, cardboard, vegetative cuttings,
downed trees, limbs, automobiles, commercial vehicles, batteries, and
tanks strewn throughout the property.
MS. CRUZ: Did you get a chance to talk to the property owner
during the time of investigation?
MR. SOLDAN0: Not at that time. I left a red tag for a call
back. I don't believe I received a response. I returned to the
property several days later and still noticed the violations, at which
time we sent a NOV and stip. And then I believe I spoke to a female
who identified herself as Holly Foster, I believe, on the phone and I
briefly spoke to her about the violations and she said she would take
care of it, and that was the last contact -- personal contact I had
with them.
MS. CRUZ: You have a copy of this Composite Exhibit A?
MR. SOLDANO: Yes.
MS. CRUZ: Page 8, is that the notice of violation that you sent
Page 19
May 29, 1997
to Mrs. Foster?
MR. SOLDANO: To the best I can make out, yes.
MS. CRUZ: Madam Chairman, let the record reflect that on page
nine it's a copy of the certified receipt acknowledging receipt of
that notice of violation which requested a compliance date by February
27, 1997.
CHAIRPERSON LOUVIERE: Thank you. So the first time you visited
the site was February 28, 1997; is that right?
MR. SOLDANO: Twenty-seventh, I believe it was.
CHAIRPERSON LOUVIERE: Twenty-seventh?
MR. SOLDANO: Yes, ma'am.
CHAIRPERSON LOUVIERE: That's fine. I just wanted to know how
long this had been going on.
MR. MUELLER: Excuse me, Maria.
MS. CRUZ: Yes, sir.
MR. MUELLER: It says on occasions Holly Foster has been referred
to as a Mrs., a lady. I believe, in fact, she's a man because it says
here Foster, Hollis and Mary.
CHAIRPERSON LOUVIERE: Okay.
MR. SOLDANO: I stand corrected. It may have been Mary. I'm not
sure. But it was a female.
CHAIRPERSON LOUVIERE: Do you have the original photographs of
this site, also?
MS. CRUZ: Yes, ma'am.
CHAIRPERSON LOUVIERE: We would like to see those, please. Thank
you. Has anyone on the board have any questions of the --
MR. ANDREWS: Yeah. I would like to get -- while the
representative is here, I would like to get this name straight that
was just brought up.
CHAIRPERSON LOUVIERE: So we have no further questions of the
inspector at this time?
MR. McCORMICK: Well, let me just ask one question. What do you
think -- what's going on out there? Why is there so much different
trash and different -- I mean, is there a business being operated? Car
repairs? Or is it just an accumulation of years and years of garbage?
MR. SOLDANO: I think it's accumulation and they're trying to
apparently fill in the land because they brought a lot of construction
debris that they've spread around the property. As far as the
vehicles are concerned, there's one vehicle there that looks like it's
been there a very, very long time. And then the other vehicles are
apparently doing maintenance and whatever on the property.
MR. McCORMICK: What are the health, safety, and welfare issues
that you saw out there?
MR. SOLDANO: Well, my last visit was yesterday, and I still
found pails full of what seemed to look like oil in these pails in the
back of the property. I also noticed a large excavation in the back
where it looks like they may have been burying things in the back.
There's a big hole in the back; so I have no idea what may be in that
hole. But the vehicles are still there. There's pails of oil and
auto parts. And I have an update of photographs if you'd like to
Page 20
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May 29, 1997
review them of what is still there, and it looks like most of it is
still there.
CHAIRPERSON LOUVIERE: We would like to look at those, also.
MR. YOVANOVICH: You need to enter those as evidence.
CHAIRPERSON LOUVIERE: I make a motion we enter these as
Composite Exhibit B. Do I have a second?
MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: We have a motion and a second. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: These were taken May 28. I see the date on
the right-hand side of the photographs. On May 28? MR. SOLDANO: Yes, yes.
CHAIRPERSON LOUVIERE: Quite a few cars. Trucks. Cars.
MR. SOLDANO: Yes. There's a large -- a lot of commercial
equipment out there and some cars and trucks.
MR. McCORMICK: Mr. Soldano, can you describe to me where this
property is, how you would get to the property? Where is it located?
MR. SOLDANO: Where is it located? It's on 13th Street
Northwest, 545 13th Street. MR. McCORMICK: Okay.
CHAIRPERSON LOUVIERE: Any other questions of the investigator?
I believe now we are prepared to hear from Jody; is that correct,
Jody Burgess?
MS. BURGESS: That's correct.
CHAIRPERSON LOUVIERE: Okay. If you could please identify
yourself for the record and be sworn in.
MS. BURGESS: My name is Jody Burgess, resident, lessee, tenant.
-CHAIRPERSON LOUVIERE: The court reporter will please swear you
in.
(The speaker was sworn.)
CHAIRPERSON LOUVIERE: Do you want to go ahead?
MS. BURGESS: Yes. I was waiting for my turn.
CHAIRPERSON LOUVIERE: Go ahead.
MS. BURGESS: My husband is out of town currently working. He's
come home one weekend in at least four. He is out of town. I am
unable to do this work myself. He has completed some of the work. We
are trying to improve the land by putting in the road to the back
side. We've put stabilizer in making the road better for the -- for
our vehicles coming in and out of the property.
Some of the stuff has been taken care of, but it has been hard
with him being out of town. He's going to be out of town at least
another 4 to 6 weeks. We have every intention of cleaning up. I just
believe that we need some more time.
CHAIRPERSON LOUVIERE: Why -- what does your husband do?
MS. BURGESS: He works heavy equipment.
CHAIRPERSON LOUVIERE: Heavy equipment?
MS. BURGESS: Yes.
CHAIRPERSON LOUVIERE: Why do you have all -- I mean, I'm just
curious. Why do you have all the trucks and all the cars there that
Page 21
May 29, 1997
MR. PONTE:
MS. BURGESS:
MR. PONTE:
MS. BURGESS:
that forth, also.
MR. PONTE:
apparently are abandoned?
MS. BURGESS: We have one machine that is -- I don't know what's
wrong with it -- I think it's the battery or the tire or something --
that he does work on frequently, but because he's out of town, he is
unable to use that and/or repair that at this time. I'm sure when he
gets back home and is working here in Naples that that machine will be
up and running so he can use it and so he can make a living with that
machine.
CHAIRPERSON LOUVIERE: I wasn't asking about the machine. I was
asking about the other abandoned cars and the other trucks --
MS. BURGESS: One of the vehicles has been tagged -- was -- has
be~n tagged, is on the road now.
CHAIRPERSON LOUVIERE: Do those vehicles, then, belong to you,
everything there?
MS. BURGESS: No, no.
MR. PONTE: What arrangements do you have with the landlord for
these improvements that you're saying you're trying to make as a
tenant?
MS. BURGESS: I have no knowledge of her knowing about the -- I
don't know if she is aware of it or not.
MR. PONTE: How long have you been a tenant?
MS. BURGESS: Four years.
MR. PONTE: Did this condition exist before you rented?
MS. BURGESS: A little bit was there when we moved in. I can't
tell you what or where or how, but I know some of it -- the bikes and
trikes, the pieces of bicycles were there when we were there. And
there's another old, I think a 1950s vehicle, way, way, way in the
back. I believe it was burned. I don't know even know if that's in
the ~t'ipulations that's current today. That was there when we got
there.
MR. PONTE: You mentioned something about attempting to put in a
road or improve a road?
MS. BURGESS: We had improved our driveway and extended it onto
-- further past the house?
Do you have permission from the landlord to do this?
We are lease to own.
I see.
Or lease to buy option, and we are trying to put
Thank you.
MR. ALLEN: I have one question, Miss Burgess. I mean, due to the
volume of this accumulation of garbage and trucks and vehicles and
burned things or whatever -- I mean, I'm just being very candid. I
mean, I know to dump these right now it's 24 bucks a ton for all this
stuff. And then are you-all going to be able financially to pay to
get this stuff removed?
MS. BURGESS: That's why it's been difficult to do it, but we are
trying. We want to improve it. We want to make the value of the home
eventually higher than it was when we purchased it or when we --
MR. ALLEN: That's why I'm confused. Because you're the ones
Page 22
May 29, 1997
that you are accumulating this stuff. I mean, you said that the
trikes and bikes were there, but the majority of this stuff is what
you have brought in. I mean, you created your own nightmare. That's
the long and the short of it. Getting the stuff out of there is not
going to be easy with a front-end loader and a dump truck. I mean,
it's a major deal. But, I mean, this didn't happen overnight; that's
what I'm saying. This is major accumulation over a long period of
time. To physically bring this much stuff in is a tough deal. That's
why I think you need to -- now you've got oil and things that are
environmentally --
MS. BURGESS: Most of the oil and stuff to that nature have been
-- most of them have been removed.
CHAIRPERSON LOUVIERE: Any time you have a car that is sitting
out there for long period of time, you're going to be leaking fluids
in%o the soil, and the percentage of you contaminating our watertables
and hurting our environment are, like, high. The longer it sits
there, the more it's going to cost to tow it away. Digging a hole in
your backyard and burying this kind of debris in it, is like the worst
thing you can do to our ecological system. Did you know that?
MS. BURGESS: I had no knowledge of that.
CHAIRPERSON LOUVIERE: So when I read this packet, I was very
concerned about just what you have stored on your land.
MS. BURGESS: We eventually would like to build a garage on the
back side which would incur the building materials.
CHAIRPERSON LOUVIERE: You know, if you intend to work a business
out of your home, I think that's an illegal use.
MS. BURGESS: It's not a business out of the home.
CHAIRPERSON LOUVIERE: Okay. Your husband is fixing cars out
ther~ --
MS. BURGESS: No. He's not repairing and fixing vehicles.
There's one vehicle that remains. I'm not exactly sure of the
intention of that. The other -- the trucks is tagged and legal, now
operating on the road.
CHAIRPERSON LOUVIERE: Okay. Do we have any questions?
MR. ANDREWS: Yeah. Who is Mary Foster?
MS. BURGESS: Hollis and Mary Foster are the original owners. We
signed a paper four years ago for a lease-to-own option, and we've
been there almost four years.
CHAIRPERSON LOUVIERE: Where is Hollis and Mary Foster?
MS. BURGESS: Punta Gorda.
CHAIRPERSON LOUVIERE: Punta Gorda.
MS. BURGESS: I don't know where.
MR. ANDREWS: Are they sisters or husband and --
MS. BURGESS: Husband and wife. Hollis and Mary.
MP,. McCORMICK: Do they know about these violations and this
hearing today?
MS. BURGESS:
actual --
MR. McCORMICK:
MS. BURGESS:
Actually, I think they may have put them forth, the
What do you mean by that?
I'm not sure, but I think that they are the one
Page 23
16G2
May 29, 1997
that --
CHAIRPERSON LOUVIERE: But they were -- according to staff, the
property owners have been served so --
MS. SULLIVAN: We just realized we send the notice to the address
on the tax roll. And she has signed for this, and it's beginning to
look like the property owner doesn't know.
CHAIRPERSON LOUVIERE: Oh.
MR. McCORMICK: All right. That's what I was about to get to.
CHAIRPERSON LOUVIERE: Asking where the property owner was
located.
MS. SULLIVAN: Yes, I was wondering if she would have an address
for the property owner, because although we've done what we were
legally required to do --
MS. BURGESS: I do not have the address.
CHAIRPERSON LOUVIERE: You pay rent?
MS. BURGESS: We deposit money into their bank.
MR. McCORMICK: Let me ask this. I mean, without a doubt I think
that we can find that there's a violation here, but we have a problem
of whether or not the property owner has been properly served. And
secondly, I think that the residents before us here today should be
served, also. And I don't have any reason not to do that. Because
you've indicated that you do want to clean it up.
MS. BURGESS: Yes, I do.
MR. McCORMICK: And it can be done so --
MS. BURGESS: We have every in~ention of it. We just need more
time.
MR. McCORMICK: So if you could be part of the solution, too, it
would probably be the board's best interest to serve notice to the
landowner and make sure that they are noticed.
MS. SULLIVAN: Yes. Like I say, although we did what we were
legally required to do, it wasn't until just now we realized that
maybe the property owner hasn't been notified.
MR. McCORMICK: Should we go any further forward on this case
then?
CHAIRPERSON LOUVIERE: Because you have been serving all notices
to ~his address.
MS. SULLIVAN: To the tax roll address of record, yes, ma'am.
CHAIRPERSON LOUVIERE: Linda, you had a question?
MS. GRIFFIN: I'm doing a little on-the-job training here; so I
need to understand how an accumulation like this even occurs. In
other words, was there a purpose for accumulating these materials?
Was there -- or I mean in other words, if it was junk to begin with --
let's just say one piece of something -- why not just discard it
immediately? Is there some particular reason why you're accumulating
all of these different things?
MS. BURGESS: Building materials are being accumulated. He wants
to build a garage in the back for vehicles or storage.
MS. GRIFFIN: What about all these refrigerators and things like
that that --
MS. BURGESS: That is out of control.
Page 24
1 6G2
May 29, 1997
MS. GRIFFIN: -- are clearly broken?
MS. BURGESS: That is out of control.
CHAIRPERSON LOUVIERE: Okay. I think I like Rich's suggestion
which is we do not -- it has come about -- we have noticed that -- we
have fairly certain that the owners aren't aware of these problems,
and we are going to make su -- we're going to do our very best to make
sure that the owner is made aware of these problems.
In addition, I think that the Land Development Code allows for us
to serve you; is that correct? So we will serve her, and we will make
sure that the property owner is aware of what's going on in this
matter, and then we will proceed to hear this case.
MR. McCORMICK: Let me just also say we're going to hear this
case again, and you're going to be one of the responsible parties
along with the owner of the property. And we haven't heard all of the
evidence, but from what we've heard, there's a violation out there
that needs to be cleaned up right away. So if we hear that and we
make that determination on the case, you're going to get a very short
time frame allowed to get that cleaned up; so if you can get started
on that now --
MS. BURGESS: Yes, sir; yes, sir.
MR. McCORMICK: -- before it even comes back to us, that's to
your benefit.
CHAIRPERSON LOUVIERE: I am even reluctant -- if we -- the fact
that we have not served the property owner is the only reason I'm
going to not -- I'm not going to propose making a decision on this
case now. Because of the nature of what's going on your site, I would
be -- I'm very concerned to continue this case any further. So what
Rick says is very true. When this matter is heard the next time,
we'r~ going to give you, like, practically no time to get this site
cleaned up and we will try to fine you.
MS. BURGESS: I do want to also say that I did not receive this
court or this hearing date until last Tuesday where it was signed --
HR. YOVANOVICH: Before we continue on, I think at this point we
need to just go ahead and dismiss this or -- basically this case needs
to start all over, all the way back to the notice of violation on both
sides. And we just need to dismiss it and go forward.
MS. SULLIVAN: Madam Chair, if I may. Just for the record, the
notice of violation was sent to Hollis and Foster; so when it was
signed for, we had no way of knowing that they didn't receive it.
CHAIRPERSON LOUVIERE: I did look at the receipt and noticed that
it had been signed in that manner.
MS. BURGESS: I also do want to say that I did call Sal, and it
was me that you spoke with. It was me that you spoke with. You're a
hard man to get a hold of, but I did speak with you. It was not Mr.
Foster.
CHAIRPERSON LOUVIERE: I recommend we stop this right now.
MR. ALLEN: I have just one question.
CHAIRPERSON LOUVIERE: Go ahead, Jimmy.
HR. ALLEN: While you are still under oath, Miss Burgess, we'd
appreciate it if you'd furnish staff with where you make the deposit
Page 25
May 29, 1997
for your rent check.
MS. BURGESS: I'm sorry?
MR. ALLEN: While you're still under oath, we need you to furnish
staff the bank and the bank account where you do your rent check.
That will expedite them finding the owners. You're saying you don't
know where -- you don't think --
MS. BURGESS: No, I do not know where they live. Is that not
illegal to give out banking information? I'm sorry. I was an
employee of a bank for five years. That is not right to divulge a
banking account number to --
CHAIRPERSON LOUVIERE: Well, I'm sure --
MS. BURGESS: -- fifteen, twenty people in this room.
MR ALLEN: How about just the name of the bank?
MS BURGESS: I'm sorry?
MR ALLEN: How about just the name of the bank and the branch?
MS BURGESS: NationsBank.
MR ALLEN: Okay. Which branch?
MS BURGESS: They bank up in Punta Gorda, and we bank here in
Golden Gate.
MR. ALLEN: I see. You deposit your check in the Golden Gate
NationsBank?
MS. BURGESS: Yes.
MR. ALLEN: Okay.
MR. YOVANOVICH: She give you a deposit slip?
MS. BURGESS: No.
CHAIRPERSON LOUVIERE: You do have -- you did state earlier on
that you have an agreement with them, a purchase agreement with them.
MS. BURGESS: Yes.
-CHAIRPERSON LOUVIERE: It would seem to me every purchase
agreement I've ever seen has a name and an address of --
MS. BURGESS: I don't have that information.
CHAIRPERSON LOUVIERE: Okay. But you do have it?
MS. BURGESS: I don't know where.
CHAIRPERSON LOUVIERE: Okay. Okay. Well, I guess I make a
motion that -- when is our next board meeting? MS. SULLIVAN: Twenty-sixth.
CHAIRPERSON LOUVIERE: June the 26th. I strongly recommend that
-- you know, you try to help us find the property owners so we can
properly serve them, because this item will be heard again on June the
26th.
MS. SULLIVAN: We have -- we have a problem with that with the
new rules.
CHAIRPERSON LOUVIERE: Yes, on the 30-day thing.
MR. YOVANOVICH: Well, I mean, you've got to go back to the very
beginning in this case to the violation stage; so there's been no
appropriate notice of violation to either the owner or the tenant, and
it's just -- you still have to give a reasonable time to cure under
the notice of violation under the circumstances. There's just no way
it can come back next month and meet your guideline requirement.
CHAIRPERSON LOUVIERE: Okay. Staff is asking for a moment.
Page 26
May 29, 1997
MR. YOVANOVICH: Okay.
(Staff conferred off the record.)
MR. ANDREWS: Is there any time limit on -- in advance that that
has to be issued in the paper? That's something new to me.
MR. YOVANOVICH: Do you mean how far in advance do you have to
let the paper know?
MR. ANDREWS: Yeah.
MR. YOVANOVICH: I mean, it's -- it's four weeks ahead of time
you got to publish in the paper, and whatever their time line that
you've got to get them the information before they can do that. I
don't know what that is. It's probably a week or so beforehand. MR. ANDREWS: So we have to plan on about six weeks really.
MR. YOVANOVICH: Assuming we can't find an address and personally
serve them or send it certified mail, the owner that is.
CHAIRPERSON LOUVIERE: And also there's the newspaper.
MR. YOVANOVICH: If you -- what I'm saying is if we can find an
address of the owner, you may be able to go ahead and do hand delivery
up in -- wherever they are to avoid the need of going to the paper.
MS. SULLIVAN: We can -- we could put this on the August 28th
agenda, and then if we have to do any more publication, we'll just
have to continue it. There's no other way to meet our deadline.
CHAIRPERSON LOUVIERE: In that case, will that satisfy notices --
notice time?
MR. YOVANOVICH: Right. And you've got to give a notice of
violation with a reasonable time to cure. If they don't cure by that
time, then staff can bring this before the board and, you know,
obviously we got to give the 30-days notice before the hearing of the
board; so I would think three months should be more than enough time
to do everything you need to do from start to finish. Does that sound
reasonable, Linda? Maria?
MS. SULLIVAN: Just a thought to the board. You know, this 30-day
notice, while it's causing a problem for us on the front end in
scheduling things, I think that given this 30-day notice, that the
board might want to think on tightening up the compliance time, since
people are going to have 30 days notice to begin with.
CHAIRPERSON LOUVIERE: Okay. So when they come to us --
MS. SULLIVAN: They had 30 days.
CHAIRPERSON LOUVIERE: You've already had your 30 -- it'd be more
like you've had 30 days --
MS. SULLIVAN: They've had 30 days plus another reasonable time
from the beginning of the notice.
MR. ANDREWS: This could go on forever.
MR. YOVANOVICH: Now, recognizing the nature of the event, you
don't have to give as much time to get into compliance. I mean,
that's factored into the reasonable time.
CHAIRPERSON LOUVIERE: You know, there is -- there is a problem
here that I've noticed in this case is that we're so concerned that we
did not serve the property owner, but we did diligently try to serve
the property owner. If somebody forged the property owner's
signature, is that Collier County's responsibility?
Page 27
1 6G2.' '
May 29, 1997
MR. YOVANOVICH:
going to look at it.
requirements?
CHAIRPERSON LOUVIERE: Right.
MR. YOVANOVICH: If you didn't --
CHAIRPERSON LOUVIERE: Then we have nothing.
MR. YOVANOVICH: -- we have to comply with them.
CHAIRPERSON LOUVIERE: Which will be --
MR. YOVANOVICH: I mean, she signed her own name.
sign.
You know, the bottom line is the way the Court's
Did -- did you comply with your notice
She didn't
CHAIRPERSON LOUVIERE: She signed her own name?
MR. YOVANOVICH: She did not sign someone else's name; so we need
to clear that up on the record.
CHAIRPERSON LOUVIERE: Thank you. Yeah. I did not notice that.
So August the 28th. Okay. Unfortunately as reluctant as I am to do
so, we need to continue this matter to August the 28th, 1997 in order
to adhere to our notice of violation time lines. Yes, sir.
MR. MUELLER: Mireya, I agree with everything that the board has
said and expressed so far. I am concerned. This tenant -- tenant's
husband is in the heavy construction business, and he's able to dig
holes, and he is digging holes. And I -- is there some way that we
can put forth a cease-and-desist order as far as digging more holes
and burying the oil and the debris? Because that would be a bad thing
to do. That's a question.
MR. YOVANOVICH: That's beyond this board's jurisdiction, but I
think staff can look into other areas to maybe -- to accomplish that.
MR. MUELLER: Is staff concerned?
-MR. YOVANOVICH: I mean, staff might want to look at that if
that's a legitimate concern, if there's other mechanisms under the law
to do that, but this board can't issue that type of order.
CHAIRPERSON LOUVIERE: Definitely I think that we have an
inspector that's working on this case and what we can ask is for the
code compliance inspector to continue to visit the site, maybe with
more frequency than in the past being that we are having the problem
of hole digging. And in addition, the way I understand it, I think
she would need -- they would require an excavation permit to be able
to bury anything out there.
MR. ALLEN: Let's get receipts from the dump.
CHAIRPERSON LOUVIERE: Get receipts from the dump. Yeah. If we
see anything that -- can we do that? Can the board do that? Can we --
like can we say that we would like to see receipts from the dump where
the debris and the cars have been disposed of or the wrecker service
has towed them away.
MR. YOVANOVICH: I would say only if there's some evidence that
she's violating another ordinance. In other words, if you see a
recent excavation out on the property, I think, yes, that's a
reasonable request. Other than that I don't know the relevance of her
bringing a receipt from the dump to -- to this particular violation.
CHAIRPERSON LOUVIERE: Okay. Well, I think that what we're
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saying is that if we continue to go out there and that we think for
any reason that the way that you have disposed of this debris and cars
is by digging a hole and putting the matter in there, that we are
going to ask to see receipts of how you disposed of the debris that
is on this site.
MS. BURGESS: Okay.
CHAIRPERSON LOUVIERE: Okay. And in the meantime, our code
inspector will continue to visit your site perhaps with more frequency
than in the past to monitor the site to make sure that you're not
burying anything on the site. Is that all right with everyone?
Okay. So I had made a motion to continue this matter to August
28, 1997, in order to meet our notice time lines. Do I have a second?
MR. PONTE: Reluctantly seconded.
CHAIRPERSON LOUVIERE: Reluctantly is true. I have a motion and
a second. All in favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: Okay. You have until August the 28th.
MS. BURGESS: Thank you, Madam Chairman.
MR. ANDREWS: Too bad this one wasn't in the southern section.
CHAIRPERSON LOUVIERE: Southern section. The northern section.
MR. ANDREWS: Let's redraw the line.
CHAIRPERSON LOUVIERE: Okay. I would -- if it's okay with -- I
know Tony. I want to apologize because I didn't notice real quickly
that you had an item under old business. Otherwise I would have
switched it and we could have just taken -- heard all of Mr. Wood's
cases, but if you don't mind, we'd like to take like a five- to
ten-minute break, five-minute break.
MR. ALLEN: Cost Mr. Wood a hundred bucks.
'CHAIRPERSON LOUVIERE: Sorry. I do try to keep the agenda as
required, but I just did not notice it. If we could please take a
five-minute break, and then we will reconvene and listen to old
business.
(A short break was held.)
CHAIRPERSON LOUVIERE: I believe our five-minute break is up, so
we should go ahead and reconvene the code compliance board meeting of
-- today is, what, May 29, 19977 And so we'll proceed to listen to
old business which is 6(A), and the first case we need to hear is BCC
versus Bruce Wood, 97-004.
MS. CRUZ: Madam Chairman, this case came before the board on
March 27, 1997. There was an order issued finding the respondent in
violation of Section 2.1.15, Section 2.2.16.2.1 of Collier County
Ordinance 91-102 in the following manner. Removed -- the respondent
was supposed to remove all residential uses from the property other
than the caretaker's residence. The caretaker's family is permitted to
live within -- with the caretaker in the caretaker's residence. It
was -- the corrections should have been completed by or before --
within 30 days from the execution of this order, which would have been
April 30th. If not, a dollar a day would have been fined for any
violation that continued past that said date.
At this time I'd like to call Dennis Mazzone to give this board a
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status report on the violations on this property.
MR. MAZZONE: Good morning. For the record my name is Dennis
Mazzone. I'm an investigator for Collier County's code enforcement
department.
(The speaker was sworn.)
MR. MAZZONE: I checked the site as recently as yesterday
afternoon, and while at the site I spoke to one of the tenants that
still occupies a unit inside 4800 Houchin Street. That individual's
nan e is Andy -- and I'll spell the last name -- S-u-t-r-y-n. And he
told me that he was employed by Henry Johnson Tire Company. He
occupies Unit No. 3. He also stated that he believed there was
somebody in Unit No. 4, but upon knocking on all the other doors, I
found no one there. I returned to the office, contacted Mr. Wood, and
Mr. Wood confirmed through our phone conversation that indeed the
oCcupancy has not changed from the time that he was last before us.
CHAIRPERSON LOUVIERE: Okay. Are we prepared to listen to Mr.
Wood's attorney?
MR. PIRES: For the record we have no testimony. I have nothing
to add to this board.
CHAIRPERSON LOUVIERE: Okay.
MR. PIRES: Thank you.
CHAIRPERSON LOUVIERE: When this matter came before the board, we
ruled on it, and some of the board members thought that the fine of
one dollar per day was adequate. And as we can see, they -- because
it is a one-dollar-per-day fine, apparently Mr. Wood seems to think
that he can continue to use this property in a residential manner.
What does staff recommend at this time? So basically Mr. Wood is
still in violation.
-MS. CRUZ: That's correct.
CHAIRPERSON LOUVIERE: And all he is doing is getting fined a
dollar per day?
MS. CRUZ: That's correct.
MR. ANDREWS: Let's raise the ante.
CHAIRPERSON LOUVIERE: And it's our board -- our board is here to
bring these matters into compliance and -- our place so that we can
bring compliance.
MS. SULLIVAN: I would re -- staff would recommend the maximum
fine, but I would want to hear from the board's attorney to see if we
could do that, if the board can do that.
MR. YOVANOVICH: Um.
CHAIRPERSON LOUVIERE: We can definitely amend that order.
MR. YOVANOVICH: At this time I would request that I be given
some time to research this issue. I did not know the purpose of this
agenda item and, quite frankly, am not prepared to tell you whether
you can or cannot change your order at this point. I mean, you took a
final action and this is -- a question of first impression for me.
don't think it's ever happened before in the history of the Code
Enforcement Board where a board order was -- a fine was established in
an order and we did not get compliance and now staff wants to ask this
board to reconsider its previous action; so I would appreciate giving
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you a report next month on the issue.
MR. McCORMICK: We've gone the other way, haven't we, where we -- MR. YOVANOVICH: You have reduced fines.
MR. McCORMICK: -- reduced fines based on what the respondent has
done?
MR. YOVANOVICH: That is correct.
MR. ALLEN: I would like to comment. I agree that this should
come into compliance, but I have a problem with it in the fact that we
had a county employee that made an agreement with Mr. Wood years ago,
and it stood for a long time. That's where I have the problem with
it. Okay. I don't think you should have residences in an industrial
application, Mr. Wood, to be honest. Okay. But on the other hand, I
have seen your document that was signed by a county employee. I mean,
you testified that Mr. Clark and Mr. Smith both agreed to that. I
have contacted Mr. Smith outside the Code Enforcement Board and asked
Mr. Smith personally if this did occur. He said, yes, it did occur.
So before -- on the legal side of it, if it gets brought back in front
of us, this agreement was made.
MR. YOVANOVICH: I cannot remember, Mr. Allen, if you had -- did
you participate in this particular matter? CHAIRPERSON LOUVIERE: Oh, yes.
MR. YOVANOVICH: You did? Okay. And now I'm a little concerned
about the additional evidence that you've just entered into the record
but, again, I need -- I need a little bit more time on this issue. I
don't have a problem with the board deciding to reduce an action
they've done in the past, but I'm not sure they can increase an action
or the fine. I don't know right now. I'd like to do some extra
research. I have not seen an attorney general's opinion that says you
can do that. Likewise, I have not seen one that says you can't.
MR. PONTE: Richard, when the board found Mr. Wood in violation
and levied the fine of one dollar, it was accepting the goodwill and
good faith of Mr. Wood to comply because of items that came before the
board that we felt were -- or the circumstances where he might have
been misled by county actions in the past. To not comply, to make no
effort to comply, certainly changes the circumstances.
MR. YOVANOVICH: I certainly understand that that certainly may
be some board members' perspective, but at this point I -- I -- I
would like a little bit of additional time to see if a motion can be
brought to discuss whether or not to increase the fine if such a
motion were to pass. It may not -- I'm not sure that motion can even
be made. I will give you my gut opinion if that's what you want, but
I'd prefer not to give that to you.
CHAIRPERSON LOUVIERE: I'd rather not hear your gut opinion. I'd
rather hear your research on the matter whether or not we can increase
the fine.
MR. YOVANOVICH: I appreciate that.
CHAIRPERSON LOUVIERE: Number one, I did not want this order to
go in our records with a dollar fine. I was not happy with that order
when it passed. We use our fines on this board to bring compliance.
If Mr. Wood had agreements with people that work for the county, I
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really did not see any formalized agreement here that allowed these
uses. He is in violation of our Land Development Code. He is having
residential uses in a -- in land that is not zoned for that. And if
-- in the past this board has reduced fines, and I would very much
like to see that the research is done because if we can reduce it, it
would seem logical to me that we can modify our order and increase it;
so if you could do the research.
MR. PONTE: Where there's just cause for modifying the order to
increase, and there is in this case.
MR. YOVANOVICH: I will factor all that in --
CHAIRPERSON LOUVIERE: There is just cause. That's very good.
MR. ALLEN: I just have a comment and a question for all of us.
And this is basically a generalization comment that knowing this works
basically on a complaint-by-complaint basis, and we all know of
several other locations there's nonconforming use for lack of
terminology, very similar to Mr. Wood's, all over this county, i.e.,
all the storage facilities on Airport Road that are running businesses
out of mini storage.
I don't know the answer. I'm just throwing this out saying, you
know, I understand his situation. And I also understand the situation
of the businesses on Airport Road. They are operating technically
illegally in my opinion, but they've been doing so for many, many
years. That's just --
MR. ANDREWS: well, the thing is, staff only caters to -- to
people that call in and -- outside -- they don't go out and tamper
with everything they see. That's probably the reason. If there's been
a complaint, they'll be out there. I mean, that's been %he theory in
the nine years I've been here.
- MS. SULLIVAN: You're partially right. We do do proactive patrol
now and pick up several cases on proactive patrol. We're working for
-- we don't work strictly on complaint basis.
CHAIRPERSON LOUVIERE: I think we are -- I think we're getting
away from the issues -- the jurisdiction that I see -- the purpose of
this board. It is not our decision to deem uses -- nonconforming
legal uses. You know, we do have that authority. That's why we have
Collier County developmental services. That's why we have people like
Bob Mulhere and Wayne Arnold that will make those -- those
distinctions.
If Mr. Wood can get a letter from those -- from that department
saying that he has a legal nonconforming use, that is a totally
different matter. That is not for this board to decide. This board
is to look at the Land Development Code and to say what is the use
there? Is that a permitted use? It is not. He did not rezone it.
There's nothing else we can do. That is where our limits lie so --
MR. McCORMICK: Let me add just one comment in partial agreement
of what you just said. When we heard this case, I actually made a
motion not to -- that was different from what we ended up doing. 'It
was not to find a violation. That didn't past. But after that
happened, I think that we still have the primary responsibility of
trying to get compliance one way or another however we can. So I'm
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May 29, 1997
inclined to -- to entertain a different fine or different measures,
but I think we should wait until after we have the advice from our
attorney.
CHAIRPERSON LOUVIERE: Agree with you a hundred percent. How
long do you think it'll take you to get us an opinion, Mr. McCormick?
MR. YOVANOVICH: Mr. Yovanovich.
CHAIRPERSON LOUVIERE: Mr. Yovanovich. I'm sorry.
MR. YOVANOVICH: I'll have it for you at the next meeting and at
that point, you can take whatever action.
CHAIRPERSON LOUVIERE: Okay. The next meeting is --
MR. ANDREWS: June 26th.
MS. CRUZ: Twenty-six.
CHAIRPERSON LOUVIERE: Okay.
MR. YOVANOVICH: If you would like, I will send one to the board
members ahead of time in writing and then we can discuss whatever
action at that point. I mean, whatever you prefer. I just need a
little bit more time.
CHAIRPERSON LOUVIERE: I agree with Mr. Ponte. I'd really like to
see your -- your thoughts prior to June the 26th if you can, just so
we can all think about it.
MR. YOVANOVICH: Uh-huh.
CHAIRPERSON LOUVIERE: Then -- therefore, I have a motion to
continue this case to June the 26th, 1997. Do I have a second? MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: I have a motion and a second. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRPERSON LOUVIERE: Okay. We are now prepared to listen to
six =- agenda Item 6(B), Deauville Lake Club Development Corporation
request for partial release, CEB No. 93-005.
MS. SULLIVAN: Madam Chair, we have Heidi Ashton from the County
Attorney's Office to present this matter.
MS. ASHTON: Good morning, board members. I'm here in place of
Ramiro Manalich. He's been discussing this case from time to time
with this board. This concerns the foreclosure action called
Deauville of Naples Condominium Association, Inc., versus Deauville
Lake Club Development Corporation. The status of this case is that
the subject property has been sold to the plaintiff, Deauville Lake
Club Development Corporation. Certificate of title has been issued in
the name of that corporation.
For your -- just to refresh your memory, the code board had
several liens on this property. The code board by previous action had
agreed to subordinate the county's interests to the condominium
association. There are two remaining lots that now are in the
plaintiff's hands. Because the county has agreed to cooperate with
them, they've agreed to sell the two lots -- or excuse me --
condominium units. And the second unit which is sold, the county will
get a percentage which, I believe, is 14 percent. The condominium
association has requested that one of the county's orders that was
recorded after the lis pendens in this action was filed be released.
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May 29, 1997
It's my opinion that once the certificate of title is issued in the
name of the plaintiff, then the county's lien, which is actually an
inferior lien and which was recorded after the lis pendens gets wiped
out, but the purchaser attorney -- Jim Pilon represents the purchaser
and they have requested that the county agree to release the revised
order. There should be a letter in your package from Mr. Manalich and
a copy of the proposed release of lien.
So we're here to request that the board approve this action, and
I believe Mr. Manalich will be back in the future to advise the board
of -- once the second unit is sold -- how much money the county would
-- would be receiving. And if you have any questions, happy to answer
it.
CHAIRPERSON LOUVIERE: Any questions?
No questions.
MR. ANDREWS: I have none.
CHAIRPERSON LOUVIERE: Okay. I make a motion that we approve the
request for partial release in Case CEB No. 93-005, Deauville Lake
Club Development Corporation. Do I have a second?
MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: Motion and a second. All in favor signify
by saying aye.
(Unanimous response.)
It passes unanimously.
And the last agenda item is 6(C), amendment to Code Enforcement
Board rules and regulations, Article V, Section 1. We just approved
these, and now we're amending them. MR. YOVANOVICH: It's quick.
MS. SULLIVAN: Madam chair, I can explain if you would like. We
were-hoping that the south board would adopt the same rules. They
did, but in one section it only gives the time for the meeting of the
north board. That is the only change. So we'd like to have them as
joint rules and have both the south and north board sign one set of
rules.
CHAIRPERSON LOUVIERE: It really upsets me, because I had gone
home and memorized these rules. Now I'm going to have to go home and
memorize them again.
MR. YOVANOVICH: So you're changing, what, just --
MS. SULLIVAN: It's the section that says the board shall meet on
Thursday, Article V, Section 1.
MR. YOVANOVICH: What are you changing it to?
MS. SULLIVAN: We're changing it that the north board shall meet
on the Thursdays and the south board shall meet on the Mondays -- I'm
sorry -- Fridays.
MR. YOVANOVICH: So you will take care of all of that?
MS. SULLIVAN: Yeah.
MR. YOVANOVICH: Okay.
CHAIRPERSON LOUVIERE: There was another item that has been
brought up to -- that has been brought to my attention by staff and
that is the 30-day notice. We seem to be having a bit of a problem
with some cases meeting that. And I have kind of listened to both
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May 29, 1997
parties and at -- sometimes, you know, the 30 days that we have-- I
tend to agree with you in some cases but then I tend to see their
point of it, and they seem to be of the opinion that the 15 days that
were previously in the -- in the orders was sufficient in their
opinion. Because what happens is some of these cases are urgent enough
where by the time -- if you have to adhere to a 30-day notice on a
time line, that that makes it very difficult for them. Do you want to
discuss that?
MS. SULLIVAN: Well, it makes it difficult for us to foresee, but
I believe the reason for the 30-day notice is because we have to
anticipate a prehearing, was that --
MR. YOVANOVICH: Well, I believe one of the reasons -- and it
doesn't really matter to me. I mean, it's whatever the board wants.
I mean, I suggested 30 days only because that gave you an opportunity
for staff and the alleged violator to get together and maybe stipulate
to some facts so the hearings themselves would go quicker and also to
give the alleged violator an opportunity to prepare and get a package
to the board in enough time so that when you're concerning staff's
package ahead of time, at least the alleged violator has had enough
time to put some thought into their package as well considering the
evidence they're going to receive -- that you're going to receive from
staff. And I figure, you know, 15 days, it's tight. It's kind of
hard to do that, and 30 days I was told would not really affect
staff's ability to get the cases before this board. It just means
that they get their notice out a little bit earlier. To me, I don't
have a vested interest one way or the other. Whatever this board
prefers.
CHAIRPERSON LOUVIERE: I think that the reasoning for the 30 days
is that some of our agenda items in the past have been very
complicated and we had a lot of -- excuse me -- a lot of attorneys
involved, you know, and I'm not going to mention those two cases, but
there were those two cases, and everybody was like we need time to
review just the magnitude of paperwork that is sent to us. But on
smaller cases, you know, the 15 days does work.
And I really don't know how to address it. If anyone here has
any ideas, please help me because I'm at a loss. I think on some
cases we do need the 30 days. I think on complicated cases and cases
we have more than one attorney involved, just, you know, being given
motions to read and defense packets, and we do need that time. On
some of the shorter cases where we don't --
MR. YOVANOVICH: Just -- just as a point of clarification, none
of the cases today were affected by the 30-day requirement; one,
because they were in existence at the time the action was brought;
and, two, the reason the cases were delayed was notice problems and
not related to the 30 days. It was related to mailing and things like
that. So I mean I --
CHAIRPERSON LOUVIERE: Okay.
MR. YOVANOVICH: We haven't really had a case yet that the 30 day
period has applied to.
MR. PONTE: If they're sensitive to the 30 days, maybe we could
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May 29, 1997
think in terms of some sort of verbal mechanism that would enable us
to use the old 15-day rule except in such cases where fill in the
blanks.
MR. YOVANOVICH: I don't know what the blanks would be. Staff
could give as much time as they want. I mean, they could give you 60
days if they wanted to do that. It's up to staff on that.
MS. SULLIVAN: The only suggestion I would have would be a
minimum of 15 day -- or 15 days -- what I'm getting at is 30 days
whenever possible but a minimum of 15 days. CHAIRPERSON LOUVIERE: I like that.
MR. YOVANOVICH: Whatever is the pleasure of the board.
CHAIRPERSON LOUVIERE: Okay. Any other comments?
Yes, sir.
MR. MUELLER: I'm concerned with the 30 days, particularly with
the Foster case today were you've got a very active problem, and we
are prohibited from reviewing that at our next meeting because of the
30 day requirement. And I think that that is a problem to the
contamination and the seriousness of the problem out there.
MR. YOVANOVICH: Now, for a point of clarification -- and this
was never asked of me. In an emergency, time frames can be cut short.
Now, I didn't hear anybody say that this case was an emergency that we
need to expedite it. In an emergency that period can be -- can be
cut short.
MS. SULLIVAN: Well, as a practical matter, what I intend to do
is I'm going to send Sal back out there to look for any other
violations, and if I find anything that needs immediate attention,
I'll cite them to court in the meantime.
CHAIRPERSON LOUVIERE: So basically we have two modifications
that-we are looking at doing to the Code Enforcement rules and
regulations. One is to include the south board's meeting dates, and
the other one is to change the time line from 15 days -- could you
state that one more time for me, please?
MS. SULLIVAN: I said a 15-day minimum and 30 days whenever
possible.
CHAIRPERSON LOUVIERE: Fifteen days minimum and thirty days
whenever possible. Is that okay with everyone?
Okay. I make a motion that we amend the rules in that manner,
and hopefully these rules will stay as is for at least until I'm dead,
which will be hopefully a long time.
MR. McCORMICK: I think we should make one amendment every
meeting.
CHAIRPERSON LOUVIERE: I think we should. One amendment every
meeting. I don't think our attorney would like that very much.
MR. YOVANOVICH: Are you taking care of that, or am I taking care
of that?
MS. SULLIVAN: You can take care of that. I'm paying. You're
taking care of it.
The only other suggestion I would have is, you know, whenever
necessary or whenever possible. I don't know how people are going to
read whenever possible. I don't know what possible means. You know,
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May 29, 1997
it's a choice of words.
MR. PONTE: It's a bit wooly at the end. It needs some
tightening I think. I mean, those words are very wooly words.
MR. YOVANOVICH: Frankly, I don't -- you know, I don't know what
that means. I mean, I don't think any -- if you say 15 days, the
bottom line is that's what I'm going to say is all you need to do. If
someone is going in and say my case fits the situation where you could
have given me 30 days, then I'm going to say, well, the rules say 15
So why don't you say 157 '
MS. SULLIVAN: Well, maybe the way to do it is put a minimum.
CHAIRPERSON LOUVIERE: I agree. The more ambiguous our orders or
ordinances are, the more I find that people just use that as -- on an
as-needed basis; so that's fine.
MR. YOVANOVICH: So you want ~o just go back to 15 days?
MS. SULLIVAN: If we just go minimum of 15 days, then we will
know when we need -- when there's attorneys involved and we need to
schedule it 30 days, and we'll just, you know, like skip a month and
put it on for the next one.
CHAIRPERSON LOUVIERE: That's fine with me. Minimum of 15 days,
and so we will change the rules in that manner that I listed. We'll
modify the rules in those two matters, so I made a motion to that
effect.
MR. MUELLER: I will second that.
MR. PONTE: Let me just -- before we pass that, let's just
clarify one thing, that for the past 30 days we've had this rule. If
a case was started within the time frame of this rule coming into
effect and now the proposed amendment of reverting back to the 15
days, you have got an overlap is what I'm suggesting, so that you just
have-to clarify that and make sure that there isn't a case that came
up into the pipeline during the 30 days where the 30-day rule applied.
Do you understand? Did I make myself clear?
CHAIRPERSON LOUVIERE: Yes, I understand your point. Staff's
thinking. Staff will give me the solution.
MS. SULLIVAN: It might -- it might not be a problem because we
don't have anybody else already scheduled or noticed at this time
before the board. All we have is NOVs out, but it doesn't say they
will be cited to the board; so we may be okay. CHAIRPERSON LOUVIERE: Good.
MR. PONTE: Will you be able to make this change as well for the
other board, for board south?
MS. SULLIVAN: I will let you know on the 13th.
MR. PONTE: Because I think they have to be the same.
MS. SULLIVAN: Well, we're going to bring it -- we wanted to get
you-ali's final and bring it back and do them as one joint rules
instead of two. I think they will be amenable to that. I think
Mireya's right. I think this 30 days came about with the input of the
attorneys who had had these complicated cases, and so they hadn't had
enough time.
CHAIRPERSON LOUVIERE: Actually, it was discussed with me -- and
I thought it was a good idea at the time -- I really. And did like a
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30-day idea on a large case just because it gives me the time to
review things, but then we had the other problem that you guys are
having. You feel 15 days is more than adequate. So I -- you know,
sometimes I try to keep too many people happy.
MR. ANDREWS: I'd like to ask a question of staff. Probably
stupid, but I don't know. What -- has -- the southern -- MS. SULLIVAN: Southern board?
MR. ANIDREWS: -- board had any meetings yet?
MS. SULLIVAN: Yes.
MR. ANDREWS: Heard any cases?
MS. SULLIVAN: Two meetings, yes. They've heard cases.
MR. ANDREWS: How many cases?
CHAIRPERSON LOUVIERE: For two cases.
MS. SULLIVAN: Three or four.
MR. ANDREWS: Two cases. Have they solved any yet?
CHAIRPERSON LOUVIERE: Oh, my goodness. We would like a
scoreboard for the north and the south board to see how many cases we
resolved.
MR. ANIDREWS: The reason I'm asking these questions is I have
something cooking that I can't mention right now, but these are
questions that I just wanted to know. In my mind, this was a
political move, and it's upset -- in my mind upset our particular
field that has been operating for almost ten years without problems,
and this is why I'm asking these silly questions, and you will hear
more about it later.
CHAIRPERSON LOUVIERE: Thank you. You just let us know.
Yes, sir.
MR. MUELLER: Mireya, I have a question for Linda Sullivan in the
case-of Jody Burgess. And you said that the investigators are going
to go out there more frequently. If there's any more bad things
happening, you'll take them directly to court. MS. SULLIVAN: Right.
MR. MUELLER: That I don't understand because I thought it was a
function of this board to relieve the Court of their burden, and why
don't you explain to me how you can go to court or you can come here.
MS. SULLIVAN: Well, 90 percent -- probably 85 90 percent of the
cases do go to court already. We have the option of citing to the CEB
board and to going to court. And as I was explaining, what we
generally do if it's something very simple, boat in a driveway,
whatever, we cite them to court because it's quicker, it's more
expedient, the court fines them court costs and whatever, you know, a
hundred, fifty dollars, whatever. If it's a large case like this that
the litter that's been going on for awhile, the court can't hurt them
enough in our opinion with the fines; so that we bring them here.
MR. MUELLER: So that is done at the option of staff?
MS. SULLIVAN: Uh-huh.
MR. MI3ELLER: At your option?
MS. SULLIVAN: Uh-huh.
MR. MUELLER: Okay. That's all I wanted to know.
MS. SULLIVAN: I do have another -- one more thing. I had Dennis
Page 38
1 6G2
May 29, 1997
check on the site improvement plan. It's two years, the same as the
site development plan, with a one-year extension if progress is shown.
It's the same deal.
CHAIRPERSON LOUVIERE: So SIPs and SDPs have the same time line.
Okay. Mr. Yovanovich. I'm sorry. I got your name right.
MR. YOVANOVICH: I just wanted to ask for clarification on the
rules. In Article 8, Section 2, page 5, under prehearing motions, we
had instituted a basically you must file all motions at least 10 days
prior to the hearing. Now, with the change -- and that was because
they had 30 days. They would have 30 days notice, and they would have
more than enough time to put their motions together. We've now cut
it down to 15 days. What do you want to do about the prehearing
motions? There's a ripple effect is basically what I'm trying to say.
CHAIRPERSON LOUVIERE: I understand.
MR. YOVANOVICH: And I need to know how to change that. Do you
want it down to five days? I mean, is that going to give you enough
time?
MR. PONTE: What was it before?
MR. YOVANOVICH: Before it was unruly. I mean, they were filing
them a day before and I was getting them and trying to do the
research. You were getting them and wanting to know what was going
on. And we wanted to say let's be more organized on how we were going
to respond to these motions, and that was one of the reasons I
suggested the 30 days because that gave them enough time to -- to --
for what I could say, all right, I'm 10 days before. If you don't
give me a motion, you don't get to bring it up, and that was one of
the reasons for the 30 days.
CHAIRPERSON LOUVIERE: They would need to do the research so that
when-we ask how the motion applied to the case, you are prepared to
discuss that with us.
MR. YOVANOVICH: If I had them in enough time. A lot of times I
was getting them last minute.
CHAIRPERSON LOUVIERE: Last minute and you had no idea.
MR. YOVANOVICH: Depending on the issues they raise-- some of
them are simple issues I could tell you; some are not. But however
you want to do it. If you want to change it to five days or last
minute, you know, it's -- you know that's -- 15 days is not a whole
lot of time to get your information and file all your motions and put
your package together.
MS. SULLIVAN: It really doesn't make that much difference to me.
I think the problem is when we get them the morning of the hearing or
the day before, we always end up continuing the case is the only
problem.
CHAIRPERSON LOUVIERE: Can we continue the 30 days when it comes
to motions?
MR. YOVANOVICH: Well, how are they going to know what the
charges are against them?
CHAIRPERSON LOUVIERE: Okay. I see.
MR. YOVANOVICH: And the packet that's going to be -- because the
way it's structured now, they get their notice of hearing along with
Page 39
May 29, 1997
the evidence package, which at that point, they would generate their
own evidence package and file their own motions, if they had any.
MS. SULLIVAN: Well, that 10 days -- if you give then 15 days'
notice, they got 5 days to get an attorney --
MR. YOVANOVICH: W~atever, five days, is that --
MS. SULLIVAN: It's enough for me if it's enough for you.
CHAIRPERSON LOUVIERE: Okay. Fine. Then we'll have to modify
that time, also, in order to be -- you know, if that makes sense.
Otherwise, it doesn't.
MR. YOVANOVICH: Right. So tell me; do you want it five days?
CHAIRPERSON LOUVIERE: Five days. I'm sorry. I know it's going
to put pressure on you to go ahead and review --
MR. YOVANOVICH: That's okay. As Linda said that's what you pay
me for.
CHAIRPERSON LOUVIERE: That's why we pay you the big bucks.
MR. YOVANOVICH: Right.
MS. SULLIVAN: Not as much as Mr. Pires gets but, you know --
ANDREWS: Thank God we're not paying you by the hour.
MR. YOVANOVICH: You're not. No way.
CHAIRPERSON LOUVIERE: Okay.
Any other discussions?
Any other items?
Okay. I make a motion that we adjourn our meeting of the North
Collier Code Compliance Board of today. MR. ANDREWS: Second.
CHAIRPERSON LOUVIERE: A motion and a second. All in favor
signify by saying aye.
(Unanimous response.)
-CHAIRPERSON LOUVIERE: We are officially adjourned.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:57 a.m.
CODE ENFORCEMENT BOARD - NORTH
~rson
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
BY: DEBRA PETERSON
Page 40
2.
3.
4,
5.
6.
7.
Norris
Hancock
C
Mac'Kle
":1 6G2
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY,
JULY 3, 1997 IN THE SW FLORIDA RESEARCH & EDUCATION CENTER (SWFREC)
INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE (IFAS) 2686 S.R. 29 NORTH,
IMMOKALEE, FLORIDA:
ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
ALL MATER/AL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD. THESE
MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE
BOARD OF COUNTY COMMISSIONERS.
ROLL CALL BY CLERK
ADDENDA TO THE AGENDA
APPROVAL OF MtN'UTES: April I5, 1997, and May 15, 1997
PLANNING COMMISSION ABSENCES:
BeC REPORT
CHAIRMAN'S REPORT
ADVERTISED PUBLIC HEARINGS:
A.
~,~isc. Corres:
Oate: ~
Copies 10:
Petition No. BD-97-16, Ben Nelson of Nelson Marine Const, Inc., representing William Cooroy,
requesting a 1:5 foot boat dock extension to ·Slow for · 22 foot boat dock and boat lit~ facility for
property located at 218 - 6~ Slxeet West, further described as Lot 29, Block E, Little Hickory Shores,
Unit 2, in Section 5, Township 48 South, Range 25 East. (Coordinator. Ross Gochenaur)
B. Petition No. PSP-96-5, Karen Bishop of Project Management Scrvice~, representing Pebblebrook
Lake Limited Partnership, requesting PreIL, ninary Subdivision Plat approval for Pebblebrook Lake in
thc Richland PUD located at lmmoka]ee Road (C.R. 846) and C.R. 951, in Section 27, Town. s~ 48
South, Range 26 East, consisting of 65 acres. (Coordinator: Ron Nino)
C. Petition No. PSP-97-5, Karen Bishop of PMS Inc., of Naples, representing Pelican Strand Lt~L,
requesting Preliminary Subdivision Plat approval for Pelican Stxand Phase 5, located west of 1-75 and
north of Immokalce Road (C.R. 846), in Section 29, Township 48 South, Range 26 East, consisting of
17.18 acres. (Coordinator: Ron Nino)
D. Petition No. TU-97-2E, Fetterhoff Custom Homes, requesting a 3-yeax extension of a Temmarary Use
~.~;l~fiat a model home at 1730 Medeira Court, Marco Island, Florida. (Coordinator: Fr~ReiscM)
6G2
SW FLA. RESEARCH & EDUCATION CENTER (SWFREC)
INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE (IFA$)
2686 S.R. 29 NORTH
IMMOKALEE, FLORIDA 33934
N
'--'" 7662
GOLDEN GATE ESTATES BRANCH LIBRARy
Matthew Hudson
M. Joann Sandy
Charles "Skip' Van Gelder
L. Jeanne Jourdan
Sandra Taylor
Judith Kraycik
Steve McDonald
- Chairman
- Vice- Chairman
- Member
- Member
- Director, Reap Property
Management Department
- Secretary, Real Property Management
Department
- Golden Gate Estates Resident
Janet Mellersten - Golden Gate Estates Resident f/,isc. Cortes:
I. CALL TO ORDER ***'"~~
The meeting was called to order at 7:00 P.M. by Matthew Hudson, C~iccr~...'
I!. APPROVAL OF MINUTES, February 24, 1997
APPROVAL OF MINUTES, March 24, 1997
Joann made a motion to approve the minutes as drafted. Jeanne seconded the motion
and the minutes were so approved.
Ill. TREASURER'S REPORT
Sandy reported the ending cash balance as of March 31, 1997, was $269,674.98 and the
available cash balance was $268,133.98. Sandy noted there is a disclaimer on the
report due to the fact that the Revenue figures on the Balance Sheet did not agree with
the total as shown on the Revenue Report. Skip made a motion to approve the
Treasurer's reports for February and March. Joanne seconded the motion and the
reports were so approved.
IV. PROJECT UPDATES (CURRENT AGREEMENTS)
Sandy stated there are no current projects on which to report.
Sandy asked the Committee if they wished to discuss advertising the land. She said the
signs that were purchased are generating some interest and the land is also advertised
on the 'Net'. She asked if,they wished to place a classified ad. Matt asked if advertising
out of state had been.~?c- Sandy responded an advertisement had been placed
~lOrr 15
~ancock
Co~stanttne
Mac 'Kle ~
lJerr.~
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY,
JULY 3, 1997 IN THE SW FLORIDA RESEARCH & EDUCATION CENTER (SWFREC)
INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE (IFAS) 2686 S.R. 29 NORTH,
IMMOKALEE, FLORIDA:
ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CC'PC
WILL BECOME A PERMANENT PART OF THE RECORD. THESE
MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE
BOARD OF COUNTY COMMISSIONERS.
I. ROLL CALL BY CLERK
2. ADDENDA TO THE AGENDA
APPROVAL OF MINU.rEs: April 15, 1997, andMay 15, 1997
PLANNING COMMISSION ABSENCES:
BCC REPORT
CHAIRMAN'S REPORT
~isc. Corres:
Date: ~
~temr.. lC,: ~.
ADVERTISED PUBLIC HEARINGS: COpieS l'o:
A. Petition No. BD-97-16, Ben Nelson of Nelson Marine Coast., Inc., representing William Conruy,
requesting a 15 foot boat dock extension to allow for a 22 foot boat dock and boat lift facility for
property located at 218 - 6a' Su'eet West, further described as Lot 29, Block E, Little Hickory Shores,
Unit 2, in Section 5, Township 48 South, Range 25 East. (Coordinator: Ross Gocbenaur)
Petition No. PSP-96-5, Karen Bishop of Project Management Services, representing Pebblebrook
Lake Limited Partnership, requesting Preliminary Subdivision Plat approval for Pebblebrook Lake in
the Pdchiand PUD located at Immokalee Road (C.R. 846) and C.R. 951, in Section 27, Township 48
South, Range 26 East consisting of 65 acres. (Coordinator:. Ron Nino)
Petition No. PSP-97-5, Karen Bishop of PMS Inc., of Naples, representing Pelican Strand Ltd.,
requesting Preliminary Subdivision Plat approval for Pelican Strand Phase 5, located west of 1-75 and
north of lmmokalee Road (C.R. 846), in Section 29, Township 48 South, Range 26 East, consisting of
17.18 acres. (Coordinator: Ron Nino)
D. Petition No. TU-97-2E, FetterhoffCustom Homes, requesting a 3-ye~ extension of a Temporary Us~
~_~~ a model home at 1730 Medeira Court, Marco Island, Florida. (Coordinator: Fred Reischl)
Hancock
C tanttne~
Berry
16G2" "1
Petition No. TU-9?-3E, Darryl J. Damico, President, Darren Development Inc., requesting a 2-year
extension of a Temporary Use Permit for a model home at 6641 Golden Gate Parkway. Coordinator:
Ross Gochenaur)
Petition No. V-97-5, Anthony P. Pier~, Jr., of Woodward, Pires & Lombardo, P.A. representing
Nichol~ $. DeSanta and Gaetane C. DeSanm, requesting a 3.2 foot variance from the required 30 loot
side setback to 26.8 feet for property located at 571 Caries Road, further de.~:ribed as Lot 18, Block
fL Pine Ridge Extension. in Section 3. Township 49 South, Range 25 East, Collier County, Florida.
(Coordinator: Chahram Badamtchian)
Petition No. DOA-97-1, William R. Vines of Vines & Associates, Inc., representing Pelican Slr~nd
Development Corp., requesting an amendment to Development Order 90-1, as previously amended
by Development Order 90-7, Development Order 95-4, and Development Order 96-3 for Pelican
Strand Development of Regional Impact (DP, I), previously named Regency Village of Naples
Development of Regional Impact (DR/); by amending findings of fact; by modifying acreage's and
land use intensities; and by amending conclusious of law; general coraideratious; and by modifying
the phasing ~hedule, for property located at the northwest intenecfion o£ Immokalee Road (C.IL
946) and 1-75, in Sections lg and 19, Township 48 South, Range 26 East, Collier County. Florida.
(Coordinator: Ron Nino)
Petition No. R-97-1, Robert L. Self, representing Lake Trafford Independent Baptist Church,
requesting a rezone from "A" to 'MH" Mobile Home district for a mobile home subdivision for
property located on the southeast comer of Carson Road and Curry Road, in Immokalee, in Section
31, Township 46 South, Range 29 East, Collier County, Florida, consisting of 3.10 acres.
(Coordinator: Ray Bellows)
Petition No. PUD-97-3, Dwight Nadeau of MeAnly Engineering and Design Inc., regresenting James
R. Coloaimo, Trustee for the Ultimate Land Trtm, requesting a rezone from 'A" Agricultmal and
"MHO" to PUD to be known as TwinEagles Golf and Country Club for a maximum of 275 dwelling
units, for property on the north and south sides of Immokalee Road (C.IL 856), in Section 17, 20, 29
& 30, Township 48 South. Range 27 East, Collier County, Florida, consisting of 1374.09 acres.
(Coordinator: Ran Nino)
Petition No. CU-97-14, Paul Tateo, Trustee as Conlract Buyer on behalf of WR Realty Partners
requesting conditional use "4" of C-4 General Commercial District for a dot marina, new and used
boat and equipment sales and related ~rvice work for property located at thc NE comer of Bald Eagle
Drive and Windward Drive, Marco Island in Section 8, Town.ship 52, South, Range 26 East,
consisting of.94 acres. (Coordinator. Fred ReiscM)
8. OLD BUSINESS
9. NEW BUSINESS
I0. DISCUSSION OF ADDENDA
11. ADJOURN
7-3-97 CCPC AGEND3dmd
16G
SW FLA. RESEARCH & EDUCATION CENTER (SWFREC)
INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE (IFAS)
2686 S.R. 29 NORTH
IMMOKALEE, FLORIDA 33934
N
RECEIVED 1 662
JUN25 1997 f %
GOLDEN GATE ESTATES LAND TRUST '¢OMMITrekE'" '""' ~'"~/
MONDAY, APRIL 28, 1997 ~
GOLDEN GATE ESTATES BRANCH LIBRARY
Matthew Hudson
M. Joann Sandy
Charles 'Skip' Van Gelder
L. Jeanne Jourdan
Sandra Taylor
Judith Kraycik
Steve McDonald
Janet Mellersten
- Chairman
- Vice- Chairman
- Member
- Member
- Director, Real Property
Management Department
- Secretary, Real Property Management
Department
- Golden Gate Estates Resident
- Golden Gate Estates Resident M/sc. C0rr¢$:
I. CALL TO ORDER Item// / ~ .~,
The meeting was called to order at 7:00 P.M. by Matthew Hudson, CIOi~,~....
I!. APPROVAL OF MINUTES, February 24, 1997
APPROVAL OF MINUTES, March 24, 1997
Joann made a motion to approve the minutes as drafted. Jeanne seconded the motion
and the minutes were so approved.
III. TREASURER'S REPORT
Sandy reported the ending cash balance as of March 31, 1997, was $269,674.98 and the
available cash balance was $268,133.98. Sandy noted there is a disclaimer on the
report due to the fact that the Revenue figures on the Balance Sheet did not agree with
the total as shown on the Revenue Report. Skip made a motion to approve the
Treasurer's reports for February and March. Joanne seconded the motion and the
reports were so approved.
IV. PROJECT UPDATES(CURRENTAGREEMENTS)
Sandy stated there are no current projects on which to report.
Sandy asked the Committee if they wished to discuss advertising the land. She said the
signs that were purchased are generating some interest and the land is also advedised
on the 'Net'. She asked if t/hey wished to place a classified ad. Matt asked if advertising
out of state had beent1~ed. Sandy responded an advertisement had been placed
.orr ~$
Co~stanttne~
M~c'Kte ~
~erry ~
OVED~
through a service which places the ad in various markets. However, this method did
generate any calls. Skip asked if there is a record of what type of adverti~
well in the past. Sandy said the signs seem to work best. She added that classif'~,d ads
may have produced some calls but the signs seem to work best because the prospectwe
buyer actually sees the property. Matt said because so many people have recently
returned to the north, possibly this may be a good time to advertise in ~ norlhem
states. Sandy stated the purchase process may also have an effect cm sales, but.
unfortunately, attempts to waive some of the requirements have failed. Joann said it is
surprising that home builders have not show~ a greater interest in these properties.
Sandy suggested sending an information package to the builders in the Estates. Matt
said that is a good idea. Joann suggested sending a letter stating the Court/has land
for sale. Matt said a list of builders active in the Estates may be available from the
Golden Gate Contractors Association. Janet Mellersten asked if all of the land in the
southern block had been sold. Sandy said it was sold to the state at their appraised
value. Janet asked if that was a good price. Sandy answered that the County Review
Appraiser thought that was good.
Sandy stated she has not heard from Sunmark about the possible lease.
Joann asked if the Committee will be receiving another report concerning public access
to the Sheriff's Office Multipurpose Training Facility. Sandy said that was not requested.
The Committee discussed the proposed plan as presented by Mike Wittenberg at the
March meeting. Joann stated that a start date had not been specified. Sandy stated she
would follow up with the Sheriff's Office.
V. NEXT MEETING DATE
Matthew stated the next meeting is set for Monday, June 23, 1997, at 7:00 P.M. at the
Library. Sandy stated there would not be a meeting in May due to the Memorial Day
week-end. Joann suggested returning to the practice of meeting every other month due
to the fact there are presently no active projects. Matthew said should the Committee
become involved in a new project, monthly meetings can once again be scheduled.
Sandy stated if an issue needed to be addressed, she would call a meeting. Matt made
a motion to meet every other month provided there are no project updates. Skip
seconded the motion. All in favor. Janet Mellersten asked if she and Steve McDonald
would be notified if an emergency meeting is called. The Committee said they would
contact them.
VII. ADJOURNMENT
Matt made a motion to adjourn the meeting at 7:10 P.M. Joann seconded the motion and
the meeting was adjourned.
1
JL~h 2 5 1997
NOTICE OF PUBLIC MEETING
NOTICE IS HERBEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY
MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK
OAK DRIVE, NAPLES, FLORIDA 34108 ON JULY 2, 1997 at 3:00 P.M.
AGENDA
7
$
Roll Call
Approval ofthe June 4, 1997 Meetlng Minutes
Introduction of Mr. David E. Guggenheim President and CEO, The Conservancy of
Southwest Florida '
Recommendation to authorize W'dson, MTdler, Barton & Peek to perform surveying
work within Clam Bay in an amoum not to .exceed S9,000.00.
~ to auztxxiz~ W'.Jso,. Mi~. 13~to~ & Peek to compile, draft and
~ Ye~ 19'~
~Y. Tills .%lOT'K:E AD¥ISE5 THAT. IF A PERSON DECIDES TO APPEAL
ANY ~ MADE BY THE PELICAN BAY ADVISORY COX~flTTEE. WITH
~ TO ANY MATTER CON~'IDERED AT THIS MEETING. FIE WILL NEED A
RECORD OF TH~ PROCEED~GS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED.
· orrl, ~ ~
Hancock O~,'.e:
C~stanttne_
Copies To:
1 6G2 ''
Naples, Florida June 4, 1997
LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular
Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples
with the following members present:
Dr. Alan Varley, Chairman (Absent)
Mr. George Werner, Vice Chairman
Mr. Thomas Brown
Mr. Rodkey Craighead
Mr. Frederick Flatto
Mr. Edward Griffith
Mr. Glenn Harrell
Mr. Herbert Hasson
Mr. George Hermanson (Absent)
Mr. John Hoyt
Mr. Russell Mudge
Mrs. Cora Obley
Mr. Anthony Pires (Absent)
Mr, Charles Popper
Mr, Bernon Young (Absent)
ALSO PRESENT: Various residents of Pelican Bay (approximately 10); Ted Brov,'n,
Esquire, Akerman, Senterfitt & Eidson; Ms. Anita Jenkins, Wilson, Miller, Barton & Peek; Mr.
James P:..W. ard, Diyi½ign Ad~i_n~tr.L[~ato.r and Mrs. Barbara Smith, Recording Secretary.
AGENDA:
1. Roll Call
2. Approval &the May 7, 1997 and May 20, 1997 Meeting Minutes
3. Update on the Clam Bay Restoration and Management Plan - Mr. Ted Brown
4. Continued Item: Consideration of request by the Pelican Bay Foundation to address the
Advisory Committee relative to the inclusion ofbike path lanes within the road right-of-
............ ~~Tdr~pe~i~.ih-~~.~B~~~~~d ifii,lfPark Drive.
5. Committee Requests and Audience Comments
6. Adjourn
ROLL CALL:
Mr. Werner called the meeting to order and asked that the Record show Messrs. George
Hermanson, Bernon Young and Dr. Alan Varley with excused absences and Mr. Anthony Pires
with an unexcused absence.
APPROVAL OF MINUTES OF THE MAY 7 1997 MEETING:
~moved. seco,,ded by Mr. Hasson and approvedl
2435
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
6G2
APPROVAL OF MINUTES OF TIlE MAY 20 1997 MEETING:
[fifr. Grlffith moved, seconded fly Mr. Popper and
unanimo~ 1997 Meet~g.
UPDATE ON TIlE CLAM BAY RESTORATION AND MANAGEMENT PLAN
Mr. Ted Brown reported that the application was filed approximately 60 days ago. Under
the procedure which the government is compelled to operate, they are required to file some
response within 30 days following submission ora report and they have done so. The response is
basically a response for additional information. In addition to that, I have been receiving a variety
of phone calls from a variety of persons, of concerns and have had some calls from attorneys. I
have received some written communications from groups, one of which is the Conservancy, Save
The Bays and Dr. Fran Stallings. We have not officially gone to the public comment period, but
there is nothing that precludes people from sending in their comments in advance of that period it'
they are inclined to do so. On Monday atternoon I spent about 2-1/2 hours in a workshop session
with the City of Naples, taking them through the Plan in some detail and listening to feedback and
answering questions.
Mr. Ted Brown continued that essentially, in response to the State of Florida, we are
obligated to file a response to the request for additional information within 60 days and that 30
and 60 day calendar just moves on through the process. There is no final place where the State of
Florida may stop asking for additional information. At some point we get to a place where we all
agree that we don't have any more information to present and they agree that they are not going
to ask for any more and they must make a decision. Until we reach that point we are theoretically
2436
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
16G2
on that 30 to 60 day count. Our ability to accelerate that calendar is that we can file our response
to their request for additional information faster that 60 days, but they are clearly not obligated to
do anything in response to that technically, for an additional 30 days. We will file our response
faster than 60 days. We also met on Monday for about 3-I/2 hours with the Department of
Environmental Protection and the Army Corps of Engineers. That meeting was attended by Ms.
llene Barnett with the Fort Myers office of DEP, Mr. Rich Bray with the Coastal Management
Offices out of Tallahassee, Mr. John Englehart a biologist with FDEP Fort Myers, and Mr. Chip
Clough from the Army Corps of Engineers. It was a very productive meeting. A meeting in
which we'went through each component of the Plan as it has been submitted and we received
some good and thoughtful guidance and comments about issues which will need some additional
attention.
Mr. Ted Brown explained the issues were, beginning at the southern end of the Plan with
the Seagate culvert installation, my sense is that there is a very strong level of support for that as
proposed and. outlined. That does not mean to suggest that there are not some questions that
people want some further assurances on, but as we went through that dialog with the agencies I
came away feeling like there is not a lot for us to talk about in addition to what is already in the
Plan on that issue. As we moved further up to the main channel cut which is the single most
significant pan of the Plan, there is a suggestion that the channel as proposed is too deep. They
would prefer keeping it to a depth ofno more than 2' as opposed to the 3-1/2' - 4' we proposed.
When I initially read that letter my assumption was that they had some concerns dealing with the
impacts to the ecology of the area, but as we pursued that with them, that did not turn out to be
the case. The concern is with secondary impacts, which they view as the enhanced navigability of
2437
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
1662
the area and the attractiveness that will present to motorized boating. As we talked about that, it
became increasingly clear that the objection was not based on some parameters dealing with the
amount of excavation involved and the outcome that generates in terms of enhanced tidal prisms,
but more about what it does with the secondary impact issue of motorized boats. There are some
issues that we will also have to deal with in more detail, such as specifically identifying where the
seagrass impacts are. The agencies recognize, understand and seem to agree that some impacts
are going to have to occur in order to implement his Plan, but again I sense they feel the trade off
is worthwhile as long as they can be pinned down with some degree of precision where those
impacts will be and how severe they will be.
Mr. Brown continued that as you move further north in the system you have the three
additional Tackney cuts going north into Inner Clam Bay and there appears to be no objection to
making those cuts. There is and continues to be some issue over spoil disposal. When you move
further up and talk about the rather small excavation contemplated in the northern extremes of the
estuary itself, they have no difficulties with those either. With regard to spoil disposal, the
agencies have asked us to look at two additional alternatives, not to the exclusion of the creation
of a spoil island as proposed, but as a way of minimizing the amount of fill that would have to be
dedicated to that type of a response. One suggestion was to investigate the pumping of the spoil
directly into the Gulf of Mexico. That is something that would be done on the out-going tide and
turned off on the in-coming tide. We will explore that and respond to the inquiry they have
raised. The second inquiry they have asked us to explore is the feasibility of increasing the
disposal of it into Outer Clam Bay, along the perimeter to create literal shelves that would more
effectively allow for the colonization by mangrove species. That is, fill it to an areas just below
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lfir 9
water level and allow that to become colonized with additional mangroves. It is not appropriate
to speculate about the outcome of either of those inquiries, but we have been asked to respond to
those. In my meeting today with Collier County, I got the name of an additional contractor who
has devised a way, which the County has found to be cost effective and usable, to excavate in
remote areas and carry the spoil off site. They are not sure it will be workable here, but I am
going to follow up in that area. I would report to you that since we last met we have done some
soil borings to quantify how much of the actual spoil we would have to dispose of on spoil backs
as compared to disposal on the beach. Under Florida law, to the extent that we excavate any kind
of material that is capable to being deposited on the beach, that is where it has to go. It is not all
beach quality and getting rid of that portion is what we are talking about. The borings suggested
that in areas where we anticipated little or no beach quality material, we appear to have some, so
the quantity that needs to be dealt with in the spoil islands or pumped into the Gulf appears to be
less now, which is positive news and going in the right direction. I feel it is safe to say that some
portion of the final Plan will involve the utilization of spoil islands and I think the government will
probably support that.
Mr. Brown explained that there is one other attribute of the Plan which has been talked
about at some length and is also a primary focus of the government and that is the freshwater
component. I will tell you that the letter which was received was four pages long and probably I-
1/2 pages was devoted to that issue. We spent about one hour on that issue and they understand
the proposals we have made in the context ofthe Plan and I feel are supportive of those. I would
also say that they will be looking at us to come up with some sort of definitive goal that we
commit to at the front door of the process. Something that says we will agree to reduce water by
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6g2
some %, period. We argued and continue to argue that is putting the cart before the horse. The
studies we have outlined are designed to outline what is the right amount and how and they nod
approvingly to that. I am simply wishing to alert you to that fact, and that we are not conceding
that point at this juncture, but you need to be alert to the fact that is an issue. Lastly, because we
received a letter from the Conservancy, we are preparing a response and will probably get that out
in the next week to ten days. We are not technically obligated to respond and the government has
not requested us to do so, but I think they are entitled to a response and we will provide them
with one. This morning I received a letter from Dr. Stallings with his comments on the Plan. He
has essentially endorsed the Plan. It is not perfect in his view, but nothing we do in this realm
ever is. From my point of view, I am personally encouraged about where we are and where we
are going. I don't want to mislead anybody, there is a process here we are involved in and the
timetable we have targeted for the completion of this still looks good. I anticipate we will have
three or four additional meetings with the FDEP and the Corps of Engineers before we get to a
closure, because these things just have to kind of stew in their own time and you have to keep
pushing the ball up the hill. At this juncture one of the wrinkles played into the equation and will
have to be dealt with, which I don't think will be a problem, but nevertheless is a potential
delaying factor. The Corps of Engineers will suggest a Section 7 consultation with the U.S. Fish
and Wildlife Service. When you file an application with the Federal Government to do anything in
a resource in which there may be a endangered species or habitat conducive to their use, it
requires a consultation with the U.S. Fish and Wildlife. The Corps has the first task of
determining whether or not it reaches the threshold that may affect adversely the habitat or the
particular species in question. The Corps has indicated to me they have reached that conclusion
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and they are initiating that process. That consultation has built into it a period oftime which takes
us past the deadline we have set for ourselves in terms ofgetting this all resolved. I have been at
least preliminarily assured by the Corps that their preliminary review with the U.S. Fish and
Wildlife Service will expedite the delivery of what is called the "Jeopardy or Non-jeopardy
Opinion" that comes out of that agency. That issue revolves around sea turtles.
Mr. Brown continued that he is very satisfied with the progress to date and finds no real
deal killers that have been identified and the process is working as I had hoped it would.
Mr. Popper stated that we have spent about 50% of our money and we have been at this
for what seems like a year and with the letter that came out from the Conservancy, where have
they been and where have we been that once we have filed they have raised as many questions as
they have7 I would ask the same things about Fish and Wildlife and Save the Bays. All of the
sudden we are getting people from left field. Was not the Conservancy at the meetings and did
they not raise questions with you7
Mr. Ted Brown replied that yes, he did have meetings with the Conservancy. Personally
about 2-1/2 hours and Dr. Hillestad almost 4 hours. They have always been in attendance at our
meetings here in one shape or form. I don't think there are any major issues with the
Conservancy. Without attempting to cast stones, my personal reaction to the letter was that I was
very disappointed in it, both in it's lack of sophistication and it did not advance the ball to any
meaningful extent. We are going to respond to it, but what you need to understand is that there is
no real forum other that dialog with me or you that has any substance until you are officially filed.
Once you are officially filed those comments now have a place to get logged and the government
has the right to demand that we respond to them if they want us to. The government can also
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look at a series of questions or comments and say these don't add up to anything and do not
concern us, so if you want to answer, fine, but it is not our issue. We think we should respond,
the Conservancy has a point of view. I just think that on some of their points we are going to
have to agree to disagree.
Mr. Popper indicated that he is disappointed that we have gone to the point we are today,
having filed and spent one-half our money and it seems to me the Conservancy and others should
have had their questions answered and maybe they didn't ask them properly.
Mr. Ted Brown replied that he does not agree. You will never get in this environmental
arena, I00% of anybody agreeing with anything you want to do, no matter how righteous you
think it is. In the final analysis, the only people that really matter are the FDEP, the Corps of
Engineers and Collier County and to some extent, the City of Naples because they have to
approve the access to the Seagate culverts. The people that sign the permits matter. That does
not mean the public comments are not important, they are and we have throughout this entire
process attempted to be responsive to and listen to these comments. The disappointment I had
and I will tell Mr. Guggenheim myself, is that he has communicated with me on E-mail through
my personal computer at home and specifically I asked him before he went public with his
comments to allow us the opportunity that whenever they have formulated their opinion to be
allowed to come and meet with them in an effort to try to address any concerns we could address.
They chose not to do that and I cannot control their agenda or anybody else's, but we will deal
with it in the ordinary course.
Mr. Ward stated that if you look at what we did with respect to the short term program
and Commission Hancock's Task Force, we went through this process at a local level and defined
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a series of improvements albeit temporary as they may be, for Clam Bay so that we could get to
the point of actually submitting a long term Plan. We spent untold months trying to come to
some reasonable compromise with the Conservancy, the Florida Wildlife Federation, etc. What
we never did was pay attention to the people who matter, which were the individuals issuing Ibc
permits. During many meetings Ms. Barnett said let's put in a permanent overflow structure and
thought it was the best idea since diced bread. When we got it submitted to FDEP in
Tallahassee, they never got it permitted. It was not permittable by her own agency. And that
consistently happens at that level. The change that you made in direction with respect to the long
term program, was to focus on a scientifically, feasible, sound, economically feasible sound long
term program which is a excellent plan. 1 think the agencies have been supportive of that and are
working through that process. The change in direction that you had was fine and good and
getting 100% support does not happen and is non-existent in this environment today. When I
read the Conservancy's letter, I think the issues that they raised I think we can address them and
some ofthem we will agree to disagree with and move on. The bottom line is that as long as the
regulatory agencies are supportive ofthe Plan and the permit, at this point that is what matters.
Mr. Griffith asked the regulated amount of time a Section 7 can take and how does that
affect us.
Mr. Ted Brown replied that theoretically that could take 135 days review and 90 days
thereafter in which they would have the right to formulate their opinion and solution. To add
those days up it pushes the envelope out beyond where we put our targeted date. I really do not
anticipate that being a problem. What we are doing in terms of putting sand spoil on the beach is
something that is typically done and our Plan will make it clear and if they don't think it does,
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then we will not do any of that work during turtle nesting season and that should be pretty much
the end. There is nothing I can do about that. There is no appeal from that, no administrative
remedy, it is just a part of the process we are forced to live with and is one of the unknowns in
this type of endeavor.
Mr. Hasson asked why the conservancy would wait until the eleventh 'hour to throw a
"zinger" into the Plan?
Mr. Ted Brown replied that he would not characterize it as a "zinger". They did not write
the headline in the newspaper. On balance I thought the article that was written was reasonable.
They talked to me for about 45 minutes although they didn't use much ofwhat I told them.
Mr. Wemer read from the article written by Mr. Guggenheim "We will also continue to
voice our opinion when our review team sees something that it doesn't like such as the proposed
Clam Bay Restoration and Management Plan". That is not a headline. I think it is a "zinger'.
Mr. Brown replied so what? I don't necessarily regard it as the eleventh hour, because
more of an eleventh hour response would have been after the Corps certified this for public
comment. They basically made their comment as soon as the report was filed. My only issue was
I had specifically asked and thought I had Mr. Guggenheim's understanding, that before they went
public they would provide us a copy of their letter. That did not happen, they have taken their
position and is not abnormal.
Mr. Mudge stated that Mr. Guggenheim is a new man on the block. We have Mr. Fitch at
our meetings with Commissioner Hancock.
Mrs. Claire DeSilver, Mangrove Action Group - Mr. Fitch was part of the Task Force but
attended only a coupe of meetings. Mr. Lincoln Boorman was his deputy who came to the
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PELICAN BAY ADVISORY COI~'IITTEE
.lune 4, ! 997
meetings. In essence, we were not dealing with Mr. Fitch and the whole thing began to break
down long before his departure.
Mr. Griffth asked ifthe Notice has been given by the Corps as yet?
Mr. Brown replied that it had not and the mailing address of all the adjacent property
owners were given to them this morning, I really suspect that the Corps will not put the Notice
out until we have at least filed the first response and see where that frails out.
Mr. Griffth asked if when the Notice comes out is the time that the comments can come
out?
Mr. Brown replied in the affirmative, in reality they can come all the way until the time it
is issued. There is a window when the Corps certifies the governments point of view in which
there is a 30 day comment period. The comments that come after that we cannot be compelled to
respond to them and the Corps is definitely not to consider them in making their decisions. For
the most part there will be some additional comments that will emerge, I suspect that the Seagate
Property Owners are going to have some comments to make because they don't like the parts that
deal with the constraints on navigability. They will do what they need to do with regard to that, I
don't think they have any other issues.
Mrs. Obley stated that Seagate was vet7 strong that they did want some boating available
and if'the water is 2' deep they certainly can use an outboard motor to go fishing as they had in
the past. What prompted to the DEP to say that they did not want any motorized vehicles on the
water7
Mr. Brown replied that this is the next anomaly ofrworking in this arena. One part of the
DEP doesn't have that position. Another part ofrthe DEP has that position. One ofmy tasks is to
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Sune 4~1997
get those folks to speak with one voice and understand what that position is. Navigability is an
issue that in my mind is very disruptive to this process. It must be looked at very guardedly. I
took this position on Monday with the City Council and I think it was the right position to take at
least at this junction, and that is that we have no real position on that ability. If those that are
supportive of it try to persuade the government that is the right thing to do, then they should take
that burden on themselves. It is not our burden. Our burden is to design a plan that restores the
ecology of Clam Bay and if they can hire a doctor of navigation, whoever that is, and submit a
plan to the Corps and FDE? that suggests that some navigable use is compatible with the ecology,
that this group that I speak for will not oppose that. We are not against boating for boating sake,
but we are also not going to be its champions in the context ofthis application. That would in my
view be a fatal flaw for us. I think the problem stems from a couple of things. One is that they
may use these channels very responsibly at an idle speed and be very careful of the estuary that
exists there, but once it is fully navigable it allows all of those jet skis and everything else to tool
about the estuary. I think that the environmental community as a whole and particularly the
FDEP and Corps believe that is inconsistent with an area that is designated as a natural resource
l~reserve area. On a more practical level, because that tidal prism is going to be significantly
enhanced, the seagrass beds at Iow tide will be significantly exposed to prop damage, etc. and that
is a big negative to FDEP and to the Corps.
Mr. Craighead read an excerpt from the FDEP request letter whereby during a heavy rain
the sprinklers were going. My understanding is that the golf course has a contract to take a
certain amount of water from Collier County and use the effluent. What kind of alternatives are
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they referring to with regard to rerouting the water, do they want to build a whole new piping
system?
Mr. Brown replied that what the government is suggesting and what I talked to you about
was that this was going to have to be a process that involved not only what you did in the estuary
but what you are prepared to do in the uplands. You are seeing evidence of that today. I have
met with the County. The 1.7 million gallons per day that Pelican Bay now gets is mingled into
one large pot on site with the same flow that you generate from your own wastewater treatment
plant, plus waters you get from the wellfield system. The combined ofall that water goes into one
pond and is used thereafter to service this community. As best as I understand it, the County does
· not insist that you take 1.7 million gallons per day. You simply have a contract to do so because
there was a perception at the beginning of the process and one that apparently continues, that you
need that additional water in order to manage your existing appetite for irrigation water within
the community. If you do not want the 1.7 million gallons, you do not have to take it and the
County will dispose of it to other developers and developments that want to have that additional
water at this stage of their development. To my knowledge there would be no cost to Pelican
Bay to have that done, but in all fairness that issue has not been explored beyond understanding
the concept. What we have argued and continued to argue for and will continue to argue for
strenuously going forward, is that it is premature to determine how much of the 1.7, how much
comes out ofthe wellfield, or other supplier can we do without? Ifyou can do without some of
it, what is the timing that you can do without it? What other adjustments in the irrigation
infrastructure need to be made in order to reduce that appetite? It is very clear at least based from
what you can observe on the ground, that we do have a constant flow of groundwater, freshwater
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into the estua.,T that goes beyond what you would expect under natural circumstances. One of
the tests that we want to run under this 'Plan is a series of monitoring wells along the eastern
perimeter to determine the extent and amount of groundwater flow, but you can go out even in
the driest times and still see freshwater flow in parts of the estuary that you would not normally
expect to see it in. It is clear we are going to have to locus on that. That option that is referred
to, is one that can be worked on and would be one of the more cost effective ways, assuming we
can make the adjustment to adhere to the fundamental principle of the fight amount, at the fight
place, at the right time. If we just reach that goal, there should not be a downside to that
adjustment at all.
Mr. Tom Brown asked that within the last five months is the die off area bigger, smaller,
or the same.'?
Mr. Ted Brown replied that there has been no further die off.
Mr. Tom Brown asked if it is regenerating itselt?.
Mr. Ted Brown replied that it is.
Mrs. Obley stated that the golf course is allowed only a maximum o£ 500,000 gallons and
during the dry period it is not enough. Even though the County regulates the amount, they just
can't get any more. As far as a single t'amily home area, I do know that the County comes out
and readjusts the meter flow, so that even though you might want to have so many gallons per
hour, etc., you don't get it. During the summer, the pressure was so Iow, the yards were burning
out.
Mr. Ted Brown stated that just highlights why these studies are so important. I said to
you some months ago that in my view water is the critical nexus by which government is going to
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control all land development in the years ahead. In 1972 when Florida first adopted its' state-
wide management plan, that legislation directed government to determine minimum flows and
levels. For whatever reason, none of that was ever done until Governor Chiles in his turn at
Governor issued an Executive Order to the water management district to establish those levels of
How. Those are now being established and are going to dramatically affect the availability o£
water for public consumption in yard maintenance and irrigation in the future. You will be able to
follow this lead in conjunction with the restoration of the mangrove as a pan of that effort or
sometime down the road somebody is going to be standing in front of you with another plan
because you just plain will not have the water you need to maintain what you have. What this
plan is trying to do is convince the government that this is a sincere effort to get a handle around
a very serious problem and that you have recognized and that you have stepped up to the plate
about it and have committed about $300,000 of their resources under this Plan to study it. At the
end of that study, to come up with some real recommendations that will begin to move them
toward a path of reducing freshwater into the system. That is part of the mangrove system and
long term is part of what you will probably be forced to do one way or the other, through a
costing mechanism or some other mechanism the government win contrive.
Mr. Werner stated that he thinks it is pretty preposterous they would make us set a goal
on water usage as a precondition ofthis permit. The situation as I see it now is the Management
Plan is trying to accomplish two things. One is to stop the deterioration of the system and then
make some improvements to the system. As you said, we are not going to get it perfect. We are
trying to operate within a budget, our resources are not unlimited and we are not going to spend
untold sums ofmoney to improve the system. At least I am not going to be in favor ofthat. The
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residents of Pelican Bay are willing to help pay for the Management Plan even though we don't
own the system, we are not responsible for maintaining the system, we are not the ones who
developed Pelican Bay, we are not the ones who issued the permits for Pelican Bay, we are not
the ones who developed Bay Colony, we didn't create the stormwater management plan which
dumps the water into the Clam Bay System. We did not issue the permits for that, we did not
sever the connection at Vanderbilt Beach Road and we didn't issue the permits for that. We have
had very little activity in this, however we have been willing because it is in our own best interest
to keep a healthy system, to pony up money to try to improve the situation. If we didn't do
anything the situation would remain as it is right now and for them to come and say you have to
cut back on the flow or cut back on the usage before we will look at your permit is preposterous.
I can tell you right now we have agreed to assess ourselves to try within that budget to try and
improve the system, however, it has it's limits and I can tell you right now my own limits are what
are contained in the 1998 budget. If we are starting to talk about hundreds or thousands or
millions ofdollars more than that, you are not going to have my support. I don't know why we
have to go with our hat in our hand and ask what you want us to do now. We are trying to
improve something that everyone thinks is valuable and are willing to spend our money to do that.
Mr. Ted Brown replied that pan of the points you make are valid and pan of the problem
I have coming before you to report these negotiations is that you are overreacting. This is a
process, nobody is going hat in hand. We hold a pretty big leverage card here because we are not
going :o spend any more money than is in this budget and at some point in this process I am going
to be willing to look at the government and say that I have to come back to my Board and say we
don't want to spend any more ofmy time and energy on this either. You have a Plan in front of
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]un.J_.q.~_e 4 ! 997
16 2
you, we've worked hard to make it as good as we can make it, but we are not going to dance this
dance forever. My sense is that the government, FDEP and Army Corps of Engineers, basically
like this Plan, but you need to understand that there is within those agencies individuals that don't
think anything is wrong in that estuary. These people would be very comfortable to let it go on
it's natural course and let nature do whatever it is going to do. The view was expressed that
while this system has been stressed, there are 30-50 year old mangrove trees that were dying and
that in the estuary regions close to coastal zones in the State of Florida that is to some extent their
natural life expectancy. While mangroves in other parts of the world live to be 150-200 years old,
that is not typical of this region. In other areas around Florida where none of the stresses that are
attributable to this system, black mangroves were still dying in the same quantities and amounts
that died here. So, really and truthfully, the big debate in this from our point of view is do we do
this or do we do nothing. My sense is the government does not think nothing is the answer. If
you look at the cumulative impacts to be caused by this Plan in terms of what it does for the
resource generally, there is almost a universal agreement that one, it needs some adjustments on
how freshwater imparts to the system is important. Two, enlarging the channel and significantly
improving tidal flushing is important and combinations of those kinds of adjustments will clearly
make this system more healthy than it is today. I have said this before, Dr. Hillestad has said it
and I will say it again, ifthat system were to do nothing, from a regulatory point ofview, that is a
wetland today and it will be a wetland tomorrow. It may be a very different wetland tomorrow
than it is today, but it will still be jurisdictional and still have significant habitat value and meets all
of the regulatory tests of a very pristine natural ecosystem, just not probably a mangrove system.
What we are selling is that we want to try to maintain it as a mangrove system.
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.Tune 4, 1997
16GP_
Mr. Ted Brown continued, I can be either very general in my remarks to you in which case
you are going to question whether you are getting any meaningful information, or I can try to
share some ofthe dialog that goes back and forth. IfI do that, you have to understand that I am
just sharing dialog with you, I am not telling you what the negotiating position has been or what I
really feel about it. I frankly do not want to negotiate this in public, but it is not in your interest to
get into much more detail than I have. You should not overreact to that. When I have something
really significant to put in front ofyou that is a threshold event that I have to let you decide iryou
want to turn lea or right, you can be assured that I will do that.
Mr. Werner asked if Mr. Brown did not say that their objective was for us to set a goal?
Mr. Brown replied yes, but did not say that he agreed to it and I have not. I am not
unsympathetic to your position, but you have to understand thal this is a negotiating process.
Mrs. Obley stated that we have been exposed to the government since the 50's and they
change their mind every time a new person comes in, but you have to kind of manipulate them and
go with the flow. I think you arc doing a good job there. I was also going to suggest that on the
Neighborhood Yard Program, we have a vehicle in the Foundation, let's ask them to get in touch
with the condo associations and the various homeowners to see if we can at least give them the
information suggested.
Mrs. DeSilver stated that she wanted to remind everyone that the Neighborhood Yards
Program issue goes back to the Task Force and Ms. Barnett with the FDEP constantly reiterated
that the FDEP does want a Yards and Neighborhood Program. At lhat time Mr. Hamilton spent
months working with scientists and people to physically apply the Yard and Neighborhoods
Program to Pelican Bay. I believe Mr. Brown has Mr. Hamilton's program. I did give my copy
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PELICAN BAY ADVISORY COMMITTEE
J'une 4, 1997
to the Conservancy where it dropped like a stone. One of the things that I was told was that
Commissioner Hancock was opposed due to the fact that he could not support it because he had
to deal with it on a county-wide basis and this was applied only to Pelican Bay. Mr. Hamilton
tried to get support for his efforts and nobody ever wanted to take the responsibility. Essentially
it is not something that costs money, but a matter of'getting homeowners involved.
Mr. Werner asked if this was a government program?
Mrs. DeSilver replied no, it is a FDEP program, which tells communities to formulate
their own program within certain parameters. If we try to approach this, it is something that can
be done within the community by getting condo groups and homeowners aware and informed.
The Mangrove Action Group offered to spend $I,000 to print a brochure for distribution, but we
wanted it under someone's sponsorship and we never got it. This will be a step in the right
direction in terms of their request.
Mr. Werner asked if Mrs. DeSilver knew that as part of the 1998 budget we are instituting
some xeriscaping in the Oakmont area. We are cutting back on our irrigation requirements, we
have previously been told that the water entering the system is of such quality that we no longer
have to monitor that. I am not and I don't think anyone on this Committee is against cutting back
on excessive irrigation water use, it is just a question of this being made a precondition ofgetting
a permit to improve the Clam Bay system. We have also isolated the irrigation systems on the
bull noses where the annuals are planted so that we don't have to water the entire island every
time we water flowers. As a Committee we are moving in that direction.
Mr. Tom Brown stated that he has never seen the water on the east side of the berm so
high that it overflows the weirs. I don't disagree with xeriscaping, water management, etc., but
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Jun_..~.~_e 4 1997
where is all of this water coming from? It is not flowing from here, down the street, into the berm
and overflowing the weirs into the mangroves.
Mr. Ward explained that the issue is that the irrigation in Pelican Bay is essentially
imported into the community from off site. That means that the irrigation water comes from
wastewater plants or from a raw water wellfield located on Immokalee Road. That amounts to
about 3 million gallons of water per day. This issue is that is the additional water that permeates
the ground then through groundwater fluctuations moves east and west through the mangrove
system and gets into the estuary and raises water elevations in Clam Bay. That is what Mr.
Brown is really talking about when you talk about additional water. The normal rainwater flow
which goes into the water management system is handled very well and is not too much water,
that is why you see those weir levels not overflowing. It is the additional water that is imported
into the community, essentially to irrigate.
Ms. Kathy Whorley, Environmental Specialist with the Conservancy - I would like to
respond to some items that Mr. Brown has brought up. First of all, at the meeting we had several
questions specifically on your methodology and the way data was being collected, because we are
a scientific group we tend to like to work at the bottom line. We tend to see how you got to the
bottom line and see the data and see what kinds of methods you are using. If you are using
certain types of methods, they slant your conclusion a certain way. This was requested and a
response nor copies of the drafts were ever received. The only thing we ever got in writing was
the final report. That is the reason this was submitted without your approval because we had
gotten your final report without having seen anything else and Tallahassee asked for something
2454
PELICAN BAY ADVISORY COM~lVlITTEE
June 4, 1997
ASAP and there was not time. We had wanted to discuss with you first, but we were told to get
it in.
Mr. Harrell asked if those were good reasons that the Conservancy went public first
without the same letter going to Mr. Brown first7
Ms. Whorley replied that they all went out at the same time. We had repeatedly asked
questions and got no answer. We did not actually go public first, the newspaper got hold of it.
Mr. Harrell stated that Mr. Brown asked the same thing.
Mr. Ted Brown stated that I am not aware that we didn't respond. It is indeed curious to
me, is that one of the things that their report suggests is that they want a lot more data, but
require no data to reach the conclusion in their freshwater section that that plan needs to be
implemented immediately. I am going to make a generalized statement that is somewhat unfair
about environmental groups generally, but you must walk in their moccasins to understand where
their agenda comes from. We will deal with the Conservancy as forthrightly, honestly and straight
forwardly as we can and will attempt to satisfy their concerns to the best of our ability, but there
are certain things in that letter that we will not be able to satisfy. We are not going to be able to
devise a plan that takes in all of the coastal regions of west Florida to accommodate mangrove
restoration. We are going to be able to devise a plan to satisfy them on the desirability of
reconnecting to Vanderbilt Lagoon. We are working on plan that is designed to develop a set of
protocols and procedures to deal with freshwater input. If they want that implemented
immediately, I do not know exactly what it is they want us to do other than Florida Yards and
Neighbors. We looked at Florida Yards and Neighbors and the concept of that is a very horrible
concept. I think that Mr. Hamilton's plan based on the review that was done with our team of
2455
PELICAN BAY ADVISORY COMMITTEE
~997
16G2
consultants is in the main very good. We thinks there are some improvements that can be made to
that, but we are not prepared to trade that off as an immediate objective until we get some
consensus on other points in the negotiating process. I want to remind everybody that we are in a
negotiating process where some things have to be given and some have to be obtained and I have
to have all of my cards on the table until I get the things I need and get the permit done. The
Conservancy occupies the position of some recognition in the community because they are a
.scientific organization with talented and bright people who operate their system. To the extent
that we didn't give them responses, again I say I am unaware of that. It seems to me that Dr..
Hillestad spending 3-1/2 hours with them on your nickel is responding. These meetings we go to
are not free of charge and bear in mind every time we have to respond to that group or another,
that is time and grade of your budget that I am spending money on. I have to tell you, that is
what this is all about. That is why a lot ofmoney has been spent. It all contributes to getting us
to a place where the majority of the people, including the Conservancy, will be happy.
Mr. Ted Brown asked Ms. Whorley is the Conservancy's preference was that we do
nothing as opposed to this Plan7
Mr. Whorley replied no.
Mr. Popper stated that what really struck him more than anything else is that the platform
of the Conservancy to go against this plan came out the same day and same front page that Dr.
Guggenhiem made his proclamation of a reaffirmation of a new approach that the Conservancy is
taking. I think that is a very troublesome thing for us, that our living and trying to do something
in this community and having to face insurmountable problems and feel very frankly that we are
being used as a political adventure for the Conservancy. I thought we were working at this as a
2456
PELICAN BAY ADVISORY COMMITTEE
~ 1997
1662
total community effort and whether you did not receive the information at the appropriate time
you thought or whether they were late, we are still working at this together. The mangroves are
our biggest protection against the hurricane and I think people lose sight of that fact and I find
that very offensive since I live here, as do so many other people. I found it very distasteful that at
the very same time that the Conservancy came out in opposition to our Plan it was also a time that
Dr. Guggenheim decided to make his pitch to the community.
Ms. Whorley replied that as far as the newspaper article she did not know how they got
hold of'that information. If you read through the comments we do not oppose the Plan, we have
questions that we would like answered. We found a lot of the Plan we did like. You had said
that we wanted data on other sections of the Plan and that was because studies had been done on
them, so you have the data. As far as commenting on the freshwater, we think it is a good idea
because you are mentioning studies to go forward and do something about that freshwater.
Therefore, we couldn't ask you for data for that because there isn't any.
Mr. Brown replied that the data that we send back is to attached the Bibliography of the
report that was received in September. All the matter has been reviewed has been generally
available in the community at large for as many years as it has existed. It came from the County,
from the Conservancy, Tun'ell and Associates, Humiston and Moore, etc.
Ms. Whorley asked ifwe did not do our own studies to get the hydrographics.
Mr. Brown replied that the hydrograph that Mr. Tackney is working on the computer
model is not totally complete, but what we reported in the Plan are his preliminary calculations
based upon the application.
2457
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
16G2
Ms. Whorley replied that what we wanted there was what methods were being used and
what data.
Mr. Ward commented that he takes offense to the comment that we are slanting data in
order to do something. We have hired nationally renowned consultants and experts to work on
this project with impeccable credentials and there is no question that they are extraordinarily
respected at the Federal and State levels.
Mr. Hoyt asked if Mr. Brown stated that he did not identify any deal breakers.'?
Mr. Brown replied in the affirmative. I do think that issue ofnavigability is an issue. The
reason for that is that there is a conflict within the FDEP as to what they want to do. On the
ecology side they don't want it and on the navigation side they do. The other part that makes it
potentially problematic is at some point depending on how this permit evolves, the County
Commission may have to become involved in making the decision and if it is postured in such a
way that they have to choose, I cannot predict to you what they would do with that kind of a
choice. My task is to steer a path through this where it does not get to that level. My bottom
line expectation is that the Plan in front ofyou is pretty much what will come out in the wash at
the end of the day.
Mr. Tom Brown stated that it appears that there might be a compromise on navigation
because we do not want to get a law suit from Seagate and they had boats there for a long time
and that is a "grandfather" that is a statement that motors up to a certain size could go from
Seagate to Clam Pass but not north ofthere. That puts them to rest.
Mr. Ted Brown stated that he has been exploring all varieties of options and that is one of
them. I am at a loss and have some thoughts how the compromise will come out and be
2458
PELICAN BAY ADVISORY COMMITTEE
June 4,1997
6G2 ''
satisfactory to us and Seagate, but it is premature at this time because there is a different point of
view here. Dr. Stallings has reported that his conversations with the agencies suggests that this is
not an issue. My clear sense is that this is a very important issue.
Mr. Harrell asked how much of this as it is played out in the press is going to affect the
outcome? We have to be careful that we do not ask Mr. Brown say something that may
compromise the position that he is trying to negotiate and it suddenly shows up in the paper.
Mr. Ted Brown replied, little to none.
Mr. Hasson asked Ms. Whorley if the Conservancy should make a statement to the effect
that they do approve this Plan7 The reaction from the article, whether you had anything to do
with it or not was very negative.
Ms. Whorley replied that she is sorry that it came across that way and for any
misunderstanding. We do not approve or disapprove of it, we have questions that we would like
· _ ~n..s. we.red before we could do either._As far as doing nothing, we don't agree with that either.
Mr. Hasson asked ifthat could be verified for the public?
Ms. Whorley replied that yes, they could do that.
Mr. Werner replied that Ms. Whorley should read the article. It states that Mr.
Guggenheim says "we will also continue to voice our opinion when our review teams sees
something that it doesn't like such as the proposed Clam Bay Restoration and Management Plan".
Ms. Whorley stated that there are things that are disagreed with, but not the whole thing
and indicated she would get the Conservancy to clarify their position.
Mr. Bob Sonic asked that his understanding was that an equal amount of money was being
contributed by Westinghouse Communities as well as the residents of Pelican Bay and you say a
2459
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
16G2
certain percentage of expenditures are committed, do you have any conduit of information as to
whether an equal amount of money has been contributed up to now by Westinghouse.'?
Mr. Werner replied that we have a monthly breakdown.
CONTINUED ITEM: ~ONSIDERATION?_Q~EST BY TIlE PELICAN BAY
FOUNDATION TO ADDRESS THE ADVISORY COMMITTEE RELATIVE TO THE
INCLUSION OF BIKE PATH LANES WITttIN TIlE ROAD RIGIITS-OF-WAY FOR
PELICAN BAY BOULEVARD AND GULF PARK DRIVE
Mr. Werner introduced Ms. Anita Jenkins of Wilson, Miller, Bar~on & Peek.
Ms. Jenkins stated that she had been presented with two alternatives for the restripping of
Pelican Bay Boulevard and Gulf Park Drive. One was to restripe the boulevard with an
approximately 16' wide automobile lane and 8' bike lane. The second option is to narrow down
the travel lanes to 10' with a 4' bike lane.
The results in the first alternative of narrowing down your lanes to one automobile lane
would be that the bicycles would have a defined separation from the automobiles; they will ride in
a safer location and generally tend to follow the same direction as automobiles and reduces much
of the risky sidewalk behavior. One result is that you will lose your four lane boulevard if you go
with this option and automobile speeds will likely increase. When you increase the width of your
travel lane, automobiles will generally move faster. With this treatment as well, automobiles are
likely to end up using the bike lane as a passing lane.
The results from narrowing down to 10' lanes and putting a 4' bike lane in would be that
bicycles would have a defined separation from the automobiles, they will ride In a safer location
and generally follow the same direction as the automobiles and reduce the risky sidewalk riding
behavior. One result is that you would be able to maintain your four lane boulevard. Auto speeds
would likely decrease with this option due to the narrower width of the travel lane. You would
2460
PELICAN BAY ADVISORY COMMITTEE
June 4 1997
16G2
have a decreased motorist variability in that there would be fewer wide swerves or close passes
and motorists generally use more care when a bicyclist is using a marked bike lane. They
understand that the bike can be there on the street and are not forcing them unto the sidewalk.
Ms. Jenkins continued that the 4' bike lane is an approved design by Collier County and
the Florida Department of Transportation. With your 12' travel lanes that you have presently you
can easily narrow them down to 10' and put in a 4' bike lane. If you wanted a recommendation
from me, I would recommend that you maintain your four lane boulevards, narrow down the
travel lanes to 10' and restripe and put in the 4' bike path, making sure they are stripped properly
and have the designed symbols and signs that go along with it.
Mr. Hasson asked if Ms. Jenkins has been on Cray~on Road where certain sections have 4'
bike lanes and has she ever tried to pass a bicyclist?
Ms. Jenkins replied that she has, but they do not have 10' travel lanes. Those lanes are 9'
- 9-1/2' lanes.
Mr. Hasson stated that he does not feel 4' is adequate for bicycles or skaters.
Ms. Jenkins replied that the skaters by Florida law are pedestrians and are supposed to be
on the sidewalk unless there is not one available. That would be an enforcement issue. There is
conflict and debates going on within the Florida Department of Transportation of exactly where
they belong because they can move at the speed of a bicycle and have the same conflicts of a
bicycle but technically they are a pedestrian.
Mr. Mudge asked if the gutter is included in the bike lane or not?
Ms. Jenkins replied that it is not included in the 24', but it is about another 18".
2461
PELICAN BAY ADVISORY COMMITTEE
June4, 1997
1662
Mr. Mudge stated that since the gutter is not included it helps your bike lane because you
can ride your bike in that area.
Ms. Jenkins replied that you could, but she would not recommend it. In the measurement
of the 4' width, the gutter should never be included and that may be the case on Crayton Road. It
is an uneven surface to ride on and could cause a bicyclist to wobble.
Mr. Mudge asked what type of stripping would be required?
Ms. Jenkins replied that generally you have your centerline stripping for automobiles and
where it crosses roadways it becomes a dash line. The typical pavement markings would be the
diamond with a directional arrow and a bike lane sign.
Mrs. Obley stated that Vanderbilt Beach Road between U.S. 41 and Goodlette Road has a
bike path that could not be more than 3' wide.
Ms. Jenkins replied that is 4'. I did not actually go out and measure it, but I did work with
the design team and it was designed at 4'.
Mrs. Obley stated that it is fiat so there is not going to be any big bump. How wide are
the traffic lanes?
Ms. J'enkins replied that the traffic lanes are 12'.
Mr. Popper asked if there was some place in town that has a 10' travel lane and 4' bike
lane that would give you the sense of'what we would be driving on in Pelican Bay if'the change is
made7
Ms. Jenkins replied perhaps Palm Drive would have the same retrofit would be a good
example. Palm Drive is located by the Collier County Government center.
2462
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
Mr. Werner asked if there would be a problem with construction vehicles on a 10' wide
lane?
Ms. Jenkins replied not with the frequency that you see them using a street. That is one
way transportation engineers are moving to. They are trying to get away from over designing
streets. That is why you have heard about our traffic calming programs in Collier County. What
has typically happened in subdivisions is that the streets have been over designed and traffic is
moving very quickly.
Mr. Hoyt stated that Crayton Road had reflectors on the road side ofthe bike path, double
lined the centerline and was designed to slow traffic down.
Ms..l'enkins replied that is correct. If the bike lane is designed as a bike lane with symbols
and signs, it needs to be a minimum of 4' wide. Ifil is less than 4' wide as it is on Crayton Road
and you do not designate it, it then becomes a paved shoulder which is bicycle treatment.
Mr. Tom Brown asked if the bike lane is out in and designated, does it have to be painted
bike lane?
Ms. Jenkins replied in the negative.
Mr. Tom Brown asked if the community was obligated to put up vertical signs designating
bike lanes?
Ms. Jenkins replied in the negative.
Mrs. Obley asked ifthere were any statistics as to the safety factor of having or not having
a designated bike path? I think they are ugly and would rather se the street stay the way it is, but
if it is a safety factor we have to consider it.
2463
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
Ms. Jenkins replied that generally when it is designated it is an education to the motorists
as well and it does increase the sar,cry f,or the bicyclists because the motorists know that the
bicycle can be there, so that they pass them more courteously. When it is not designated,
automobile drivers assume that they belong on the sidewalk. In Florida, the bicycle is a vehicle by
Florida law and they have to obey the same laws as a motor vehicle. The treatment will only nc~d
to occur once after every street. They do not have to occur c~zery 100' to 200'. You would have
one sign and symbol at the entrance to Pelican Bay and Gulf'Park Drive off'of U.S. 41 or Pelican
Bay Boulevard, then you would have one after every crossing street.
Mrs. Obley asked if.there would be problems having a 3' bike path.
Ms. Jenkins replied that it could be done, but it wouldn't be a designed bike lane.
Mr. Werner asked Ms. Jenkins that with her previous experience with the County, would
they be willing to stripe the 4' if it were not indicated as a bike lane?
Ms. Jenkins replied that she cannot speak on behalf, of the County, but could be a
possibility that they could possibly consider.
Mr. Hasson asked if Ms. Jenkins thought we would attract a lot more bikers with a bike
· lane on Pelican Bay Boulevard7
Ms. Jenkins replied that she did not know if you would attract any more than you do now.
It is a nice area to rise in with a Iow volume of traffic. Right now it is shown on the bicycle map
as a f,riendly bicycle area.
Mr. Flatto stated that the same concern has been on his mind of enhanced traffic by
enlarging the lane. My major concern is the number of rollerbladers not only residing in Pelican
Bay, would this increase the rollerblade traffic as well?
2464
PELICAN BAY ADVISORY COM~{ITTEE
June 4, 1997
16G2
Ms. Jenkins asked if the rollerbladers were on the street or on the path?
Mr. Flatto replied both.
Ms. Jenkins stated that she did not know it if it would increase it any more than it already
is. Again, it is a nice area. There is always conflict with multiple users. That is an enforcement
issue and the rollerbladers should be, by law, on the sidewalk, but I think they present a greater
hazard to pedestrians than bicycles.
Mr, Griffith asked if this would involve any more than restripping?
Ms. Jenkins replied that it is only restripping and costs about $.60 a lineal foot.
Mr. Craighead sated that right now all we are talking about is Pelican Bay Boulevard and
GulfPark Drive, but "if we let the camel get his head in the tent", aren't they going to want to put
it on all of the other streets7
Ms. Jenkins stated that it would depend upon those roads being the appropriate width to
do that. The roads that are only 12' wide could not be narrowed enough to put a bike lane in
there and a bike lane cannot only be put on one side of the road.
Mr. Bob Sonic, Pelican Bay resident, asked how much this stripping would cost7
Ms. Jenkins replied that when she was with the County, the cost was approximately $.60
per lineal foot.
Mr. Werner replied that this was considered being done when the County resurfaced the
roads and there would be no special cost to Pelican Bay residents. It is in the District Two Road
Maintenance Program.
2465
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
16u2
Mr. Bob Sonic stated that he heard Ms. Jenkins say that a bicycle is considered a motor
vehicle, therefore when the roads were laid out, Westinghouse should have provided for a bicycle
lane if that is a Hot'ida law, so have them pick up the tab for it.
Mrs. Claire Desilver stated that with the additional construction hat is going on Pelican
Bay Boulevard where there are three condominiums going u in a row and each will have
approximately 90 units each, narrowing the lanes is going to cause a tremendous congestion. I
have no suggestions, but am just reminding you that this is coming on us very soon and it has
occurred to me that we could actually widen the whole thing.
Ms. Shirley Porter, Foundation Board of Directors, commented that the main reason the
Foundation Board would like to see bike paths is for everyone's safety. With the increased
population we will have more people on bikes. We are looking at the year 2000. Ms. Porter
asked if putting bike lanes in slows down traffic and does it help safety?.
Ms. Jenkins replied that narrowing the lanes will slow down traffic to some extent. As far
as safety, it is a definite safety improvement for bikers riding in the roadway because it defines the
space, motorists pass them with more care, there is less swerving. The bicyclists tend to pay more
attention to where they are at on the roadway.
Mr. Hoyt asked if there is a hike path provided do the bikers legally have to stay within
that lane?
Ms. Jenkins replied legally bikers have to ride to the farthest right edge of the pavement as
possible, unless they are dodging debris, etc. Whether there is a bike lane or not, they should be
riding on the right edge of the pavement and single file. Anything else is an enforcement issue.
2466
PELICAN BAY ADVISORY COMMITTEE
June 4 1997
16G2
You have to understand also that they may ride on the sidewalk ifthat is their skill level, such as
children or people with less bicycling skills.
Mr. Tom Brown stated that is called the "Under eight and over eighty rule".
Mr. Tom Brown asked if two automobiles are going down the road and have 12' lanes or
two autos are going down the road with two 10' lanes, which means they are closer together,
which is safer7
Ms. Jenkins replied that in the I0' lanes they are probably going much slower. A good
comparison would be Airport Road which has ! I' lanes.
Ms. Shirley Porter stated that at the last meeting of the Board of Directors of the
Foundation, the Board directed the Committee that we do ask for the bike lanes. We would
prefer them to be 10' travel lanes and 4' bike lanes. It was voted on and we feel that it will slow
down traffic and make a safer.
Mr. Hoyt asked what was done with regard to the rollerbladers?
Ms. Porter replied that they are not supposed to be on the road and again, it is an
enforcement issue. We are paying for extra patrol and we should ask them to enforce the issue. I
am not sure it will ever be stopped, but I still feel bike lanes will keep people in a pattern.
Mr. Werner stated at the last meeting this was continued to get public input and Mr. Ward
had indicated that this work was approximately one to two years away because of the County
timetable to resurface the roadway. Mr. Werner asked Mr. Ward how we propose to continue
the public comment on this issue7
Mr. Ward stated that it would be appropriate to make some decision as to whether you do
or do not want to endorse this proposal. If you do not, then from my perspective, it goes
2467
PELICAN BAY ADVISORY COMMITTEE
June 4, 1997
16G2
nowhere. If you endorse it, then I will begin the discussions with the County staff to come up
with a time certain as to when these improvements could be done, how they would be
accomplished and how they would be paid for by the County. Once we did that, this winter we
would have additional discussions with the residential community itself and let them know what
the proposal is on the table.
Mr. Werne? stated that he would rather have a feeling from the community before he
would endorse it. I will be very honest. It concerns me a little and feel the fewer regulations the
better. If the community wants it, I think we ought to go with it.
Mr. Mudge asked how we determine the community wants it? I would propose that we
endorse it and speak to it at the June or July Hearing we have to get the public involved.
Mr. Ward replied that in the past we have traveled to condominiums associations, etc. and
gave them presentations with respect to whatever the major issue was and take their input that
way. The alternative is to specifically have some type of public workshop to gain their input
relative to this issue. The latter one would probably be most appropriate because my
understanding of the County process is that they would want to do something of that nature
anyway, similar to the types they had prior to the widening of Vanderbilt Beach Road.
Mr. Ward continued that e would do it in the Fall when the people are here.
Mrs. Obley stated that she would rather have a workshop, go back to Central Avenue end
see how that is operating and watch the traffic on Gulfshore Boulevard where they are having
construction.
Mr. Popper asked the width of Gulfshore Boulevard.9
2468
PELICAN BAY ADVISORY COMMITTEE
June 4~ 1997
Ms. Jenkins replied that she thought Gult'shore Boulevard was four laned at one time and
they narrowed it and put the median in. Right offhand I do not know the width of the lanes.
Mr. Craighead asked who would attend a workshop other than the bike riders.'?
Mr. Harrell replied you are probably going to get those who do not want the bikers.
COMMITTEE REOUESTS AND AUDIENCE COMMENTS
INFORMATION AVAILABILITY
Mrs. DeSilver commented that she has been asking for this financial information to be
distributed quarterly.
Mr. Ward replied that this information has always been available. I have indicated to this
Committee that this information has always been available and still is available at our ofiqce. It is
available for this Committee and the public and you are welcome to go up to our offices and I will
be more than glad to sit down and go over it with you, explain it to you or whatever it is you want
to be done. I am a little perturbed at the Mangrove Monitor's comment to the affect that we
should demand things of the MSTBU that quite frankly have been provided and were always
available by just asking for it. We have provided this Advisory Committee since we started this
Clam Bay Restoration, a complete analysis &the money that we have budgeted and spent and the
money contributed by WCI on a monthly basis. On the desk behind me is a complete package
that has in it the agenda, the complete minutes ofthe last meeting, copy &the financials and any
backup materials that has is relative to an item on that agenda. Whether you choose to go up to
the office or not is a decision you as an individual has made. I am a little irritated that the
perception is that we are not doing something that has always been done and will be continued to
2469
B^V ,mwso ¥ COM T'r .
June 4, 1997
1682
be done for you as long as you want it. We are government and this is all a part of public record.
We are not trying to hide anything from you.
Mrs. DeSilver stated that it is possible to do a summary of something. When you make
something available to the community that is thick and they have to go to the sixth floor for is not
practical. It is a technical compliance, but does not serve the community. What I am talking
about is a one page summary quarterly of where we are with the mangrove expenditures, how
much we have put out and WCI has put out. This should be made accessible here, at the
Commons, etc. It should be an accommodate to assist the community. Coming up and looking
through this book is nothing that anyone is going to do. At the last meeting of the Committee it
was stated that there was going to be a Workshop.
Mr. Werner replied that there was a Budget Workshop on May 20'" and the Budget was
approved to be submitted as presented.
Mrs. DeSilver replied that she thought community input should have been possible.
Mr. Werner replied that three people came to the meeting.
Mrs. DeSilver stated that she put it in the Mangrove Monitor.
Mr. Wemer stated that the Mangrove Monitor reported the date as May 21, which was
the wrong date.
Mrs. DeSilver stated that she thought May 21 was a Wednesday and was the most logical
time. If it had been placed on Channel 44 it would have helped.
Mr. Werner agreed that we should try to help the community. We do not control Channel
44. Mrs. Smith provides the information to the Foundation and what and when they put
something on Channel 44 is their discretion. I am very much against summaries, they can lead to
2470
PELICAN BAY ADVISOR. Y COIVI~ITTEE
~997
editorializing and then people get offended as it wa~ not the way it was presented. Let the
IVfinutes continue as they are. These are not gigantic packages.
Mrs. DeSilver stated that she has been asking t'or the Minutes at every meeting and has
been getting them and is not the same thing. Very often when you get here, something comes up
at the end of the meeting that is not on the agenda and at time can be a very interesting issue.
Comments get made about it, no votes are taken and are never in the Minutes.
Mr. Ward replied that there is never anything said at these meetings that are not in the
Minutes. The Minutes are almost a verbatim record of'the proceedings.
Mr. Werner suggested this be made an item on next month's agenda.
ADJOURN
There being no ~ur~her business, the meeting adjourned at 5:15 P.M.
Mr. George Werner, Vice Chairman
THE NEXT REGULAR MEETING IS SCtlEDULED FOR JULY 2, 1997.
2471
16G2 '
TO:
FROM:
DATE:
SUBJECT:
Pelican Bay Advisory Committee
James P. Ward
June 23, 1997
Wilson, Miller, Barton & Peek
Attached for your review is a Memorandum outlining the request to provide survey services
within Clam Bay as required pursuant to the permits issued by the Division.
PLANN£P.S, F~N',,'IRC'NMENTAL CONSULTANTS.
6G2
June 12, 1997
Mr. James P. Ward
Pelican Bay Servicc~ Division
801 Laurel Oak Drive, Suite 605
Naples, FL :14108
RE: PBSD - Clam Bay Tidal Cut Survey
Dear Mr. Ward:
Please find attached a Work Authorization for the referenced project. Upon acceptance by the
Board of County Commissioners, we will begin the work.
Please advise and if you require additional information, please call me.
Sincerely,
WILSON, MILLER, BARTON & PEEK, INC.
Stephen A. Mcan.% P.E.
Vice President
Eric.
This Work Authorization made ~ entered into ~ . day of _, 1997, by z~l between
the Board of County C. omm~ of Collier County, Flo~, a political ~bdivi~ of the State of
Florida, hereinafter r~ferred to a~ 'COUNTY" ~xl W'fl~on, Miller, Barton & Peek, Ira., a Florida
corporation, hereinafter r~ferred to as 'ENGINEER".
WITNESSETH:
civil-type projecta for the Pelicaa Bay Improvement District, aa defined by ax~pplemental agnmaaema; and
WI-IEREAS, the Pelican Bay Improvement District was dis~lved and under the Plan of
dis~lution, COUNTY aa,9.xmed the fights and obligatiom of all contra~ for aervicea and rtmeriah to
which the Pelican Bay ~emc-nts Di~rict w~s a party; and
WHEREAS, pumma to the ~r~ment between ENGINEER a~d the Pelican Bay Improvement
D~ict, COUNTY ~ to contract with ENGINEER to provide engineering services for projects
~erving the Pelican Bay area.
NOW, THEREFORE, ia comiderafion of the premisea agd the mutual benelrga which will accrue
to the partie~ hereto in carrying out tlz terma of this Work A~on, it is mutually uademood and
agreed ~, follow~:
I. PROJECT DESCRIPTION:
The project comim of the had ~rveying ~ with the monitoring of the tidal cut
improvements d~igned to rt'ver~e the mangrove die-off within tt~ Clam Bay sy~m.
2. SCOPE OF SERVICES:
The ENGINEER shall provide profe~iotul servicea ia g~n~ral ~:cordanc~ with fl~ following
scope:
1. ~ ~xt elev~ion of 11 st,xff
2. Loc~ion ~nd elev~on of 9 moni~ring wells (ind~le~ ground elev~ion).
3. Loc.~on of I vege~tion monkoring cl~,~l-r'~.
4. Five crosH, eCdOm.
3. TIME OF PERFORCE:
Item 2.1 of ~he Scope of ~rvice will be completed within thirty (30) c..zl~ ~y~ ~ exec~on
of thh Work Aulhofiz~on by the COUNTY except for dehy~ Beyond the control of the ENG--.
4. FEES TO BE PAID:
The E2qGINF2ER shall be paid for his services at the hourly raxea shown in the COMPENSATION
$CHEDUI~ provided in the January 21,198'7, Agreemem between the Pelican Bay Improvement District
wkhout approval by the COUNTY. Payments shall be made upon morahly billing Payable within thirty
(30) ~ys of receipt of an invoice acceptable to the COUNTY.
IN WITNESS WHEREOF, t~ paxtie~ hereto ~ve caused tbe~ pre~ent~ to be executed the day
md yeax first ~ove wri~'~.
DATED:
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSlONER~
COLMER COUNTY, FLORIDA
By:.
Timothy L. H~m~ock, CI~
Wime~
WILSON, MILLER, BARTON & PEEK,
INC.
Wimeas
Approved as to form and
legd sufficiency:
Stephen A. Means
Vice Preaidc~t
David Weigel
Coun~ A~mey
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
SURVEYOR.q, LANDSCAPE oA. RCHITECTS, CONSTRUCTION MANAGERS
June 12, 1997
Mr. James P. Ward
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
RE: PBSD - Water Quality Monitoring Reporta
De~' Mr. Ward:
Please find attached a Work Authorization for the referenced project. Upon acceptance by the
Board of County Commissioners, we will begin the work.
Please advise and if you require additional information, please call me.
Sincerely,
WILSON, MILLER, BARTON & PEEK, INC.
Stephen A. Mea~, P.E.
Vke President
EBC,
WIL..qON. MILLER, BARTON ~, PEEK. [N~.:.
3200 Bmh:v L~m¢. Store 2~.'x2. Naplc,. Fl,wi,la t410'3-,q$07 · Ph ')41 -~4o-4~)40 Fx ')41 -~,4 x. '; 710
16G2
Thh Work Authorization made and emered ir~ this ~ day of ~, 1997, by ~ between
the Board of Coun~ Commissioner~ of CoLlier Counvy, Florida, a political sulxlivision of the Sine of
Florida, hereinafter referred to as 'COUNTY" and Wilson, Miller, Barton & Peek, Inc., a Florida
corporation, hereinafter referred to as "ENGINEER".
WITNESSETH:
WHEREAS, ENGINEER emered into an engineering agreement dated lanuza'y 21, 1987, with the
Pelican Bay Improvemem District t~ perform general consulting services involving engineering,
,mrveying, planning, envizonmental management, or permitting, g.~qc~ or economic feas~ility studi~,
water and sewer utilities, water maragement facilities, street lighting facilities and other infTastrucmre and
civil-typo projects for the Pelican Bay Improvement District, as def'med by supplemental agreements; and
WHEREAS, the Pelican Bay Improvement District was dis.solved and under the Plan of
dissolution, COUNTY assumed the rights and obligations of all contr~t~ for services and materiah to
which the Pelican Bay Improvements District was a party; and
WHEREAS, pur~artt to the agreement between ENGINEER and the Pelican Bay Improvement
District, COUNTY wish~ to contract with ENGINEER to provide engineering services for projects
serving the Pelican Bay area.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Work Authorization, it is mutually understood and
agreed as follows:
I. PROJECT DESCRIFrION:
The project consists of preparing quarterly water q ity monitoring
2. SCOPE OF SERVICES:
The ENGINEER shall provide professional service~ in general accordance with the following
scope:
2.1
2.2
Compile, graph, and present past water quality data provided by PBSD.
Prepare one report presenting the data, observations and recommendations.
Based on the future monthly water quality results provided by PBSD,
prepare quarterly reports consisting of the following:
2.1.1
2.1.2
2.1.3
2.1.4
Compilation, graphing, and presentation of the data.
Review the data and present relevant observations and/or
~'ends.
Provide recorm-nendations as necessary to better
implemem the monitoring progress.
Present each quarterly report to PBSD Board.
16G2 ''
3. TIME OF PERFORMANCE:
It~n 2. I of th~ Scope of Service w~l be comple~d w/thin $/xly (60) caIendar daya a~d kern 2.2
will be completed quarterly whhin ~hirty (30) calendar d~ya ~ receit~ of the dam, pending execution of
this Work Authorization by the COUNTY ~ for delays Beyond the control of the ENGINEER.
4. FEES TO BE PAID:
The ENGINEER ~ be paid for his services at the hourly rat~ shown in the COMPENSATION
SCHEDULE provided in the Sanum'y 21, 1987, Agreement between ~he Pelican Bay Improvement District
and E2XlG~ which ha~ be~n amended from time to ~ w~h an amou~ no~ to exceed ~2,000.00 for
hem 2.1 and ~ per r~pon for item 2.2, withou~ approv~I by the COUNTY. Paymen~ ~ be made
upon monthly billing Payable wizhin thirty (30) days of r~eipt of an invoice acceptable to the COUNTY.
IN WITNESS WHEREOF, the ~ hereto have caused these presents to be executed the day
and year tim abovc writ~-tL
DATED:
A~r:
Dwighl E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLI2ER COUNTY, FLORIDA
By:.
Timothy L. ~k, Chainnan
Witr~sa
WILSON, MILLER, BARTON & PEEK,
INC.
Wime~
Approved ~s ~o form and
legal sufHciex~:
Stephen A. Means
Vic~ Pr~si&~
David Weigel
County AV. orney
TO:
FROM:
DATE:
SUBJECT:
Pelican Bay Advisory Committee
James P. Ward
June 17, 1997
Administrator's Management Contract
The contract with the County for management services expires on September 30, 1997, and as
such I would respectfully request the Advisory Board's consideration of the contract extension
for Fiscal Year 1998. The proposed compensation is the same as in the previous contract (copy
enclosed) and is set at $53,000/year.
RECOHMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE COMPENSATION AMOUNT FOR FISCAL YEAR 1998 AS
CONTAINED IN THE AGREEMENT WITH GARY L. MOYER, P.A. TO
PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES FOR THE
PELICAN BAY SERVICES DIVISION
~: To gain the Board of County Commission
approval of the Fiscal Year 1998 compensation amount
with Gary L. Moyer, P.A. to provide contract manager
services for the Pelican Bay Services Division.
~~T~: The firm of Gary L. Moyer, P.A. has
been providing the requisite services for the Pelican
Bay Services Division and the fee arrangement of
$53,000 for Fiscal Year 1998 is the same amount as was
charged for Fiscal Year 1997. The Pelican Bay Services
Division Advisory Committee has reviewed and recommends
approval of this compensation amount.
The Agreement renews each fiscal year and the Fiscal
Year 1998 compensation is the same as set forth in the
current agreement.
I~L~: The fee outlined in the Agreement is
$53,000 per year and is budgeted in Funds 109 182601
634999, 109 182900 634999 and 778 182700 634999 of the
Pelican Bay Services Division. There are no other
costs associated with this contract.
GROWT MANAGEM : None
CE~u~_q~~: That the Board of County Commissioners
approve the compensation amount for Fiscal Year 1998 as
contained in the Agreement with Gary L. Moyer, P.A. to
provide for contract manager services for the Pelican
Bay Services Division.
PREPARED BY:
-~hael A. McNees
Assistant County Manager
DATE:
1662
AGRE~4ENT BETWE~;
COLLIER ¢O~TY, FLORIDA AND THE FI~4 OF
GARY L. MOYER, ?.A. FOR MANAGEMenT ADVISORY SERVICES
THIS AGRE~ENT, made and entered into on this__--~?--~day cf
~ ,
~, 1992, by and between Collier County, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the firm of Gary. L. Moyer, P.A. hereinafter
referred to as "MANAGER", whose address is 10300 ,~W llth Manor,
Coral Springs, Florida 33071.
WHEREAS, the COUNTY desires to employ the services of the
MANAGER for t/ue purpose of providing management advisory
services for the Pelican Bay Services Division, as required to
meet the management needs during the contract period; and
WHEREAS, the MANAGER desires to assist the COUNT~ with
such matters.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements expressed herein the par~ies agree as follows:
1. The COUNTY hereby engages the MA/~AGER for the
services described in Exhibit A, attached hereto and
incorporated by reference herein.
2. The COUNTY agrees to compensate the MANAGER in
accordance with the fee schedule set foruh in Exhibit A. The
total and cumulative amount of this con~ract shall not ex, feed
the amoun~ of funds annual~'' '
~; budgeted _~r ~hese services.
16G2
Reimbursable expenses, incurred during the course
performance of this contract, including, ku= hoc limited
out-of-pocket expenses for express mail, computerized researun.
work processing charges, long distance telephone, postage and
photocopying are included in the fee set forth in Exhibit A.
3. This Agreement may be terminated by either party upcn
sixty (60) days written notice prior to the termination data.
Upon termination by either party, the MANAGER shall transfer
all work in progress, completed work, and any and all other
materials related to the terminated work to the COUNTY.
4. The MANAGER shall provide periodic status repor=~.
either oral or in writing, as may from time to time be
requested by COUNTY.
5. To the extent permitted by law, all written and ora!
information not in the public domain or not previously k~own,
and all information and data obtained, developed, or supplied
by the COUNTY or at its expense will be kept confidential by
the MANAGER and will not be disclosed to any other par=y,
directly, or indirectly, without the COUNTY'S prior written
consent unless required by a lawful order. All drawings, maps,
sketches, and other data developed, or purchased under this
Agreement
COUNTY'S
or at the COUNTY'S
property and may be
discretion of the COUNTY.
expense shall be and remain the
reproduced and re-used ac the
The COU~;Ty and MA~;AGLR snell comply wz~h ~he provisicns
Chap=er 119, Florida Statutes (Public Records Law;.
6. The .MANAGER shall devote such ~ime as is necessary
- 2 -
complete the duties and responslbilities assigned to she
MANAGER under this Agreement. The M32~AGER shall be onsite a~
the offices of the Pelican Bay Services Dis=riot, a minimum =f
416 hours each year.
7. The MANAGER warrants that all services shall be
performed by skilled and competent personnel to the highes:
professional standards.
8. The signature on this Agreement by the MANAGER shall
act as the execution of a truth-in-negotiation certificate
certifying that the wage rates and costs used to determine the
compensation provided for in the Agreement are accurate,
complete and current as of the date of this Agreement.
9. The MANAGER represents that it presently has no
interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the
performance of services required hereunder, as provided for in
the standard set forth in Sec=ion 112.311, Florida Statutes.
The MANAGER further represents that no person having any
interest shall be employed for said performance.
The MANAGER shall promptly notify the COUNTY in writing by
certified mail of all potential conflicts of interest for any
prospective business association, interest or other
circumstance which may influence or appear to influence the
MANAGER'S judgment or quality of services being provided
hereunder. Such written no=ifica~icn shai! identify ~he
prospective business association, interest ur circumstance, the
nature of work tha~ the .MANAGER may under~ake and request an
opinion of the COUNTY as to whether the association, interss~
or circumstance would, in the opinion of the COU~;TY, constitute
a conflict of interest if entered into by the .HA/lAGER. The
COUNTY agrees to notify the MANAGER of its opinion by certified
mail within thirty (30) days of receipt of notification by the
MANAGER. If, in the opinion of the CO~;TY, the prospective
business association, interest or circumstance would not
constitute a conflict of interest by the MANAGER, the COUNTY
shall so state in its opinion and t. he association, interest, or
circumstance shall not be deemed in conflict of interest with
respect to services provided to the COUNTY by the MANAGER under
the ter~:s of this Contradt. This Agreement does not prohibit
the MANAGER of performing services for any other special
purpose taxing district, and such assignment shall not
constitute a conflict of interest under t. his Agreement.
10. The MANAGER is, and shall be, in the performance of
all work services and activities under this Contract, an
Independent Contractor, and not an employee, aqent, or servant
of the COUNTy.
11. Federal income taxes will not be withheld by COUNTY
on behalf of MANAGER nor shall COUNTY pay any payroll tax of
any kind on behalf of MANAGER. MANAGER shall not be treated as
an employee with respect to the services performed hereunder
for federal or state tax purposes.
12. MANAGER understands that MASSAGER is responsible =o
pay, according to law MANAGER'S income tax.
13. Because .HANAGER is an independent c=nurac=or, MANAGER
- 4 -
commission,
contingent
Agreement.
17.
employees
to race,
1682 ·
is not eligible,. ' and shall not participate in, an employee
pension, health, or other fringe benefit plan of C0~;TY.
14. No worker's compensation insurance shall be obtained
by COUNTY concerning MANAG=--R or the employees of the MANAGER.
MANAGER shall comply with the worker's compensation law
concerning MANAGER and the employees of MANAGER.
15. The MANAGER does not have the power or authority to
bind the COUNTy in any promise, agreement or representation
other than specifically provided for in this Agreement.
16. The MANAGER warrants that it has not employed or
retained any company or person, other than a bona fide employee
working solely for the MANAGER to solicit or secure this
Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm other than a bona
fide employee working solely for the MANAGER any fee,
percentage, gift or any other consideration
upon or resulting from the award or making of this
The MANAGER warrants and represents that all of its
are treated equally during employment without regard
color, physical handicap, religion, sex, age or
national origin.
18. The MANAGER hereby represents and warrants that it
has and will continue to conduct its business activities-in a
professional manner and that all services shall be performed by
skilled and competent personnel to the highest professional
standards.
19. The C0~NTY acknowledges ~ha= the .HA/;AG~R is no= an
attorney and nay no= render legal advise or opinions. Althou~n
the MANAGER may par%icipate in the accumulation of inforna=i=n
necessary for use in documents required by the COUNTY in order
=o finalize any particular mat=ers, such information shall be
verified by ~he CO.UNTY as =o its correctness; provided,
however, ~ha= ~he COUNTY shall no= be required =o verify =.he
correctness of any information originated by t_he ~NAG~R or
the correctness of any information originaUed by the KANAGER
which the M~tNAGER has used to fornula=e its opinions and advice
given to the COUNTY.
20. HANAGER, in consideration of $10.00, ~he sufficiency
and receipt of which is acknowledged through ~he sig~ing of
this Agreement shall protect, defend, indemnify and hold COUNTY
and its officers, employees, and agents harmless from and
against any and all losses, penalties, damages, professional
fees, including attorney fees and costs of litigation and
judgments arising out of any willful misconduct or negligen=
act, error or omission of the ~ANAGER, its consultants,
subcontractors, agents or employees, arising out of or
incidental to t. he performance of this Agreement or work
performed thereunder. The consideration exchanged and the
provision of t. his paragraph shall also per=aim to any claims
brought against the COUNTY, its officers, employees, or agents
by any employee of the .v~/;AG~R, or any consul=an= or
subcon=rac=or, or anyone direc=ly or indirec%Iy employed by any
of them. The MANAGER'S obliga=ion under this paragraph shai!
- 6 -
not be limited in 'any way by the agreed upon con,fac: price as
shown in this Agreement or the ~ANAGER'S limit of, or lack of.
sufficient insurance protection.
21. This Agreement shall be governed by the law= of the
State of Florida. Any and all legal action necessary to
enforce the Agreement will be held in Collier County and the
Agreement will be interpreted according to the laws of Florida.
No remedy herein conferred upon any party is intended to be
exclusive of any other remedy and each and every such remedy
shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise. No single or part/al
exercise by any party of any right, power, or remedy hereunder
shall Preclude any other or further exercise thereof.
In any action brought by either party for the enforcement
of the obligations of the other party, the prevailing party
shall be entitled to recover reasonable attorney,s fees.
22. All notices required in this Agreement shall be senu
by certified mail, return receipt requested, and if sent to the
COUNTY shall be mailed to:
BOA.I~J~ OF COUNTY COMMISSIONERS
COLLIER COUNTy GOVERNMENT CENTER
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 33962
ATTENTION: MICHAEL j. VOLPE
CHAIRMAN
with copy to;'
COLLIER COUNTY GOVERNMENT CENTER
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 33962
ATTENTION: M~. NEIL 00RRILL
COUNTY MANAGER
If sent to the MANAGER shall be mailed to:
GARY L. MOYER, P.A.
10300 NW 11th MANOR
CORAL SPRINGS, FLORIDA 33071
23. The foregoing terms and conditions constitute the
entire Agreement between t_he parties hereto and any
representation not contained herein shall be null and void and
no force and effect. Further this Agreement may be amended
only in writing upon mutual consent of the parties hereto.
24. No amendments and/or modifications of this Agreement
shall be valid unless in writing and signed by each of the
parties. This Agreement shall be renewable each Fiscal Year of
the COUNTY, unless otherwise terminated by either party.
Negotiations shall be held prior to the COUNTY'S Fiscal Year
end. The COUNTY and MANAGER will consider price adjustments
each twelve (12) month period to compensate for market
conditions and the anticipated type and amount of work to be
performed during the next twelve (12) monnh period.
IN WITNESS .',~HEREOF, the COUNTY and MANAG]~:T have
respec=ively, by an authorized person or agent, hereunder
their hands and seals on the date and year firs= above written.
,. JAMES C. GIL~, Clerk
~.'~ ~-~
'~ ~ :1 \',"'~ ' "
-Approved as to form:
Richer O. Yo nov~c~
Assistant County Attorney
~OARD OF COUNTY COMMISSIONERS
COLLIER C~, FLORIDA
GARY L. MOYER, P.A.
n¥~w:7674
- 9 -
EXHIBIT "A"
1 6G2"
1. General Consultation, Meetings and Division Representaticn.
Consult with the County Manager and when necessar-.-,
participate in such meetings, discussions, projec= si%a
visits, workshops and hearings as may pertain to the
administration, accomplishment and fulfillment of the
professional services set forth herein with regards to the
projects and general interest of the Division.
et with Pertinent public agencies and private individuals
connection with the interest of the Division. Report t=
County the results of these meetings and provide advice where
necessary to County to assist County in reaching decisions
regarding Division matters.
The service to be provided shall also include, but not be
limited to planning, scheduling, production and q~ality
control; coordination and administration of various
professional service elements within the Division.
2. Meetings of the Board of County Commissioners.
The Manager shall attend regular and special meetings of the
Board of County Commissioners when issues arise regarding
Division Activities.
3. Manager shall prepare and administer the Division,s Annual
Budget(s) in accordance with all Federal, State and Count...
laws, rules and regulations where applicable. '
4. The Manager shall consult with and advise the County on
matters related to the operation and maintenance of the
Division's works.
5. The Manager shall attend meetings and advise the advisory
boards of the Division.
6. The Manager shall prepare the necessary organizational
structure and oversee the hiring and supervision of the
personnel employed by the Division in accordance with all
Federal, State and County laws, rules an regulations where
applicable.
7. The Manager shall implement the policies established-by the
County in connection with the operation of the Division.
8. The Manager shall provide all other services necessary to
effectively manage the operation of the Division.
- i0 -
Executed contract date
through September 30, 1993
October I, 1993 through
September 30, 1994
$4,417.00-Per month at the
beginning of each month for
the prior months service.
$4,417.00-Per month at the
beginning of each month for
the prior months service.
16G2
TO:
FROM:
DATE:
SUBJECT:
Pelican Bay Advisory Committee
James P. Ward
June 23, 1997
Mangrove Action Group
I have attached for your information another copy of'the Mangrove Action Groups .lune 20, 1997
correspondence relative to the dissemination of information to the community. I have noted in
this letter that the mangrove Action Group indicates that the Pelican Bay Services Division Office
has received "a number" of letters bom the community in support of' this request and I have
attached for your information the two letters that we received as a remit of the newsletter sent by
the Mangrove Action Group.
MANGROVE
Action Group, Inc.
P.O. Box 415005, Suite I11, Naple~, Florida J J941 * l'elepkone f941) $91.2115 o~ 594-8179
3une 20th, 1997
To MSTBU Board Members:
At the June 5, 1997 MSTBU meeting Acting Chairman George Werner
stated that on the July 2nd agenda there will be an item
regarding certain changes we have proposed in MSTBU procedures,
to facilitate Pelican Bay residents' participation in M~TBU
discussions and decisions.
In order to enable Board members to have ample time to consider
these proposals in advance of the meeting, and with the
expectation that informed discussion and decisions will then
be possible at that meeting, we are presenting you with a
preliminary copy of our opening statement on the reverse side
of this letter.
Yours truly,
Claire DeStlver, President
cc:
Collier County Commissioner Timothy L. Hancock
Pelican Bay Services Administrator James P. Ward
16G2 '
FACILITATING INFORMATION/PARTICIPATION FOR P.B. RESIDENTS
Many Pelican Bay residents are disturbed by the failure of the
MSTBU to provide them with the same information and documents
which are provided to MSTBU members before each meeting.
Residents attending meetings cannot follow a discussion among
MSTBU members who refer to documents in front of them, if that
same document is not available to residents attending the
meeting. As multitudes do not attend these meetings, maybe 20-
25 copies of each document should be sufficient.
The last issue of the MANGROVE MONITOR contained a list of items
which would facilitate resident participation in the MSTBU.
Apparently quite a number of residents supported these items,
and wrote to Jim Ward saying so! We think this subject is most
appropriate for you to not only discuss, but to proceed to vote
on specific implementation.
The MANGROVE MONITOR list, somewhat rephrased, is:
1. Notices of each MSTBU meeting should be publicised on Channel
44, in the Communique, and on bulletin boards at least 5-7 days
beforehand. The notice should also state that a detailed agenda
is available at the Commons and will be available at the meeting.
2. Copies of all documents given to MSTBU before the meeting,
including fiscal reports, should be set out on a table by the
entry, clearly available to all.
3. A brief informal report on topics discussed at the last MSTBU
meeting should be available to inform residents not present
at that meeting. If the Communique deadline permitted, this
could be printed there, but the necessary timing, (after one
meeting and before the next) makes the Communique unuseable.
However, a report such as might appear in the Communique should
be made available at the Commons, and at the next meeting.
4. Residents' comments and questions should be welcomed in a
timely manner during Board discussions.
5. Placards on the head table should identify Board members.
6. Some manner of opening the process of appointing MSTBU board
members should be explored.
7. An inquiry into possible election of Board members should
be pursued. Commissioner Tim Hancock, at the last MSTBU meeting
at which he was present, reviewed an earlier version of the
items listed ab<)ve, and said he had no problem with any of them.
He also said he would consult with the county attorney regarding
the ~>ossibility of election instead of apDointment of Board
mem~rs. We realise this could require an amendment to Ordinance
No. 91-22, but this ordinance has k~en amended before.
lOB[BT L Califwefl
16G2
7515 PELICAN BAY BLVD
APT 14-C
NAPLES, FL 34108
Phone 941-598-2855
Fax 941-594-8943
May 13, 1997
MSTBU
%Pelican Bay Services Division
801 Laurel Oak Drive
Naples, FL 34108
Considering the nature of the public trust for which you are responsible, please give some thought
to instituting procedural changes designed to enhance communications with Pelican Bay property
owrler$:
Preparation and distribution of information about your agenda a week or so in advance of
meetings would be most helpful. Pdso, you could make available minutes or notes &meetings a
few days after each meeting.
When you have quartedy meetings could you, as a routine matter, include up-to-date fiscal
reports?
These things, along with the opportunity for audience comments and/or questions at the meeting
would certainly facilitate the flow of information in both directions and enhance our understanding
about what you are doing and why you are doing it.
Additionally, it would be instructive to know more about how Board members are chosen and
what the background and qualifications of candidates might be? Perhaps the public could be
permitted to play a role in their selection.
My personal experience with leadership re~pormbilities in a number of public and private
organizations is that good two-way communications and a sense of "openness" with respect to
board decisions builds a mutual feeling of trust and understanding that enhances support for board
activities.
Thank you for your consideration ofthese suggestions.
Yours truly,
Robert H. Caldwell
LORRAINE GEORGE
at
each qua~e~ m~tln~
4. Audience com~en~s & ques-
l~elT.m~er ~unng dis~sllons
~5 ~n~ ~
~ner, tf hands
~' 'Open ~v~ ~d precis of
gl~iOn ~n~ ~mmlnee mem-
Of p~bU~ ~t'~lo~' Of MS~ U
% Polio~ Bay Sen~ces Di~slon
'80~ ..~u ~1 ~Oak Drive
PELICAN BAY SERVICES DIVISION
CLAM BAY RESTORATION FUND
May 31, 1997
EXPENDITURES
F.Y. 1957 Exp. PBSD WCl Balance
B ud.~.et To Date Portion Portion
Environmental Consult.
Akerman, Senterfrtt, et. al. $100,000
Lewis Environmental Serv. $ 72,500
Tackney & Associates $ 48,000
Wilson, Miller, et. al. $ g0,000
Dr. Samuel Snedeker $ 5,000
Others $ 81,500
Sub-Total
85,502 $ 42,751 $ 42,751 $ 14,498
64,928 $ 32,464 $ 32,484 $ 7,572
45,021 $ 22,511 $ 22,510 $ 979
26,648 $ 13,915 $ 12,733 $ 63,352
4,864 $ 2,432 $ 2,432 $ 138
7,798 $ 4,189 $ 3,629 $ 73,702
$ 395,000 $234,761 $118,242 $ 116,519 $160,239
Capital Outlay
Improvements General $ 55,000
Other Machine~ & Equip.
Sub-Total $ 55,000
Other Fe~s & Charges
Tax Collector $ 16,000
Property Appraiser $ 10,700
Revenue Reserve $ 12,600
Sub-Total
TOTAL APPROPRIATIONS
$ $ $ 55.000
2,827 $ 1,413 $ 1,41~
2,827 $ 1,413 $ 1,414 $ 52.173
$ 10,173 $ 10,173 N/A $ 5,827
$ $ N/A $ 10,700
$ $ N/A $ 12,600
$ 39,300 $ 10,173 $ 10,173 $ $ 29,127
[$489,300 $247,761 S129,828 $ 117.933 $241,539]
ACCOUNTS PAYABLE - MAY
DATE INV. NO. AMOUNT
Akerman, Senterf~t & Eidson 04/18/97 1748749 $15,902.27
Ak, erman, Senterfitt & Eidson 05/07/97 1647943 $13,572.36
Hitbum O. Hillestad 04t16/97 04-16-97 $10,549.40
Dr. Snedeker 04/30/97 04-30-97 $ 412.50
WMB&P 05/05/97 3674 $ 8,990.74
WMB&P 06/09/97 4237 $ 3,132.06
Cabana Construction 05/08/97 2958 $11,862.38
D.E.P. 05/16/97 113049919 $ 3,500.00
U.S. Filter 04/23/97 4059979 $ 3,596.94
TOTAL INVOICES $ 71,518.65
Al(ER. MAN..SENT£R. FITT ~ EIDSON. P.A.
ATTORNEYS AT LA~
16 ?_
June 11, 1997
Emmett F. 'Fran' Stallings, Ph.D.
9835 Delaware Street
Bonita Springs, FL 34135
Dear Fran,
RE: Clam 8ay Restoration and Management Plan
I wanted to thank you for your open support for the Clam Bay project during the recent meeting before
the city council of the City ~ Naples. It was mos~ gratifying and then to learn that you had sent similar
endorsements to the agencies, Dan Spina and Clair DeSilva was encouraging.
I appreciate that we have come some way to earn your support and that you, like us, recognize that
we always operate with both practical and financial constraints. I think that will be recognized by all
as the process unfolds. Please keep me informed of any rumblings that need our attention and any
ideas that can and should be a apart of the Plan as it continues to work its way through the regulatory
process.
Thanks again for your support and interest.
cc:
Hilbum Hillestad
Jim Ward
Susan Watts
Robin Lewis
Sam Snedaker
Steve Means
Dorothea Zysco
David Tackney
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
4.
5.
6.
7.
8.
10.
11.
Ajettda - J t le 18, 1997
Call to order
Attendance: Denise Smith, Committee Chair
Rita Avalos, Committee Member/Past Chair
Dorcas Howard, Committee Member
Cherryle Thomas, Committee Member
Mike Garrett, Committee Member
Steve Fabiano, Transportation Admin. Services
Val Prince, Transportation Admin. Services
Joe Delate, Office of Capital Projects Management
Mike McGee, Landscape Architect
Chuck Buckley, Landscape Maintenance Contractor
Welcome/Introduction of Guests
Approval of Minutes from May 21, 1997
Budget Update
Maintenance Report-CR 846 & SR29: Chuck Buckley
Office of Capital Projects Management Report - Joe Delate
Old Business:
A.
B.
C.
Transportation Administration Report/Update
New Business
Open discussion on any business not needing Committee approval
12. Adjournment
16G2
Next Meeting:
Norris ]~
Hancock
C~$tantine --
Nac'KSe ~
Berr$ ~
Collier Cotmty Govcmmcnt ('enter ·
July 16, 1997 - 5:00 p.m. @ Immokalee Community ,~.~.t~Jrrcs:
Ba:e.
Copies lo:
33OI Tamiami Trail. Ea',t · Naph:~,. Fl~,rid:~ 339t,2
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
16G2 ''
eetin3 of ay, y 2 997
The Immokalee Lighting and Beautification District Advisory Committee Meeting of
Wednesday, May 21, 1997 was called to order at 5:00 p.m.
ROLL CALL: Members present were Denise Smith, Michael Garrett, members. Also
Present: Chuck Buckley, Commercial Land Maintenance; Steve Fabiano and Val
Prince, Transportation Administrative Services; Joe Delate, Office of Capital Projects
Management; Mike McGee, McGee & Associates; Jacqueline Silano, recording
secretary. Absent: Rita Avalos, Cherryle Thomas, Dorcas Howard, members.
Guests: Amy Taylor and Ken Heatherington, Collier County Metropolitan Planning
Organization.
3. GUEST'S COMMENTS
Ms. Taylor provided information about the FDOT Enhancement Grant, know as
ISTEA (Intermodial Surface Transportation Efficiency Act). The application should be
submitted by June 16, with acceptance notification coming in September. The grant
covers projects such as new construction, right of way acquisition, pedestrian
walkways, landscaping, irrigation and pedestrian access light . It does not cover
existing improvements or current projects.
The County also provides $250,000 of funding for bike paths and sidewalks
throughout the county but the Pathway Advisory Committee was not willing to fund
only one-third of the expense to provide the sidewalk near the casino.
After further review, the committee recommended proceeding with the ISTEA
application with the MSTU as advisor. Denise Smith will make the application on
behalf of the MSTU as the proiect sponsor; Ms. Taylor will provide assistance.
APPROVAL OF MINUTES OF APRIL 23 MEETING: The draft of the minutes were
reviewed and corrected. As there was no quorum, approval has been postponed.
5. MAINTENANCE REPORT
Mr. Buckley advised removed a couple of dead Dahoon Hollies; Mike McGee
recommended replacing them. There is still a problem with dirt and debris
building up in the grates.
B. Mike McGee reported that there are no major problems.
6. BUDGET UPDATE
The budget status reports for April and a draft of next year's budget were
distributed and discussed.
Collier County Gi~.emmcnt Center · 3301 Tamiami Trail. East · Naples. Fh,rida 339~,2
16G2
7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT
Xo
Joe Delate advised that the Board of County Commissioners approved Mike
McGee's contract during construction on May 6.
Bo
Joe advised that he met with various county departments this morning. The
new phase will be broken up into pieces as funds are limited by the $454,000
in the current budget. An additional $568,000 will be available in the new
fiscal year. Steve Fabiano will prepare the appropriate executive summary to
request release of the reserve funds so the project can proceed.
C°
Mr. McGee recommended closing the driveway closest to the corner at the
Pentecostal Church for the improvements to be made. There are two
driveways on S.R. 29 and two on 7th.
8. OLD BUSINESS
Ao
There was some discussion regarding Collier Naplescape. It was noted that
they did not meet with this committee although the master plan they
developed is scheduled to go before the Board for final approval. The Plan
will be adopted into the Land Development Code.
9. TRANSPORTATION ADMINISTRATION REPORT/UPDATE
A. Steve anticipates delivery of the four additional trash cans on June 9.
B°
Regarding the memo from OCPM that was distributed last month, Steve
recommended that the committee go with the lowest level in order to activate
the account.
C. The lights at the sign have been repaired.
10. NEW BUSINESS
Mike Garrett informed Denise that he will be resigning his position on the committee
since he is moving out of the area. Mr. Garrett will submit his resignation to the
Board of County Commissioners but will stay on until the position has been filled.
1 1. OPEN DISCUSSION
There was none.
12. ADJOURNMENT
As there was no further business to discuss, the meeting was adjourned at 6:30 p,m.
The next meeting will be held on June 18, 1997 at 5:00 p.m. at the Community Center.
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
Meeting of April 23, 1997
SUMMARY OF RECOMMENDATIONS AND MOTIONS:
APPROVAL OF MINUTES OF FEBRUARY 19th MEETING: Dorcas Howard made a
motion to approve the minutes as submitted; seconded by Rita Avalos and carried
unanimously.
7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT
Joe Delate advised that he received a revised proposal for services during new
construction from Mike McGee which was the same amount as last year,
$20,000. Cherryle Thomas made a motion authorizing Mr. Delate to request
that the Board of County Commissioners approve the supplemental agreement
for a fee of $20,000 to Mr. McGee's original contract; seconded by Mike
Garrett and carried unanimously.
Collier Count.,, Gmernment Center · 3301 Tamiami 'l'rail. East · Naples. Florida 33062
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
1 6G2 "'"
Meeting of April 23, 1997
The Immokalee Lighting and Beautification District Advisory Committee Meeting of
Wednesday, April 23, 1997 was called to order at 5:00 p.m.
ROLL CALL: Members present were Denise Smith, Michael Garrett, Rita Avalos,
Cherr¥1e Thomas, Dorcas Howard, members. Also Present: Chuck Buckle¥,
Commercial Land Maintenance; Steve Fabiano, Transportation Administrative
Services; Joe Delate, Office of Capital Projects Management; Mike McGee, McGee
& Associates. Guest: Harry Moon, First United Methodist Church.
3. GUEST'S COMMENTS:
Mr. Moon expressed his concerns regarding the sign at S.R. 29. Mike McGee
explained the plans for the new signage. He asked that consideration be given
regarding visibility. There was a brief discussion. Mr. Fabiano said he expects the
area to be ready for signage in about five months and that he would keep her
informed.
APPROVAL OF MINUTES OF FEBRUARY 19thMEETING: Dorcas Howard madea
motion to approve the minutes as submitted; seconded by Rita Avalos and carried
unanimously.
5. MAINTENANCE REPORT:
Mr. Buckley advised that the trees have been sprayed for scale and spider
mites; fertilizer has been applied; the tree dates have been trimmed; 1600
bags of mulch have been installed.
Chuck expressed his concern over the increasing amount of trash needed to
be picked up; all 13 trash cans are being filled, some to overflowing. Both
Steve and Mike asked that he keep monthly logs in ;his regard. The
possibility of additional cans and using a local firm for some or all of the trash
pickup, especially during the growing season.
Chuck advised that the street sweeper picked up 3 tons of debris last week
instead of the usual one to two tons. This may be due to the recent heavy
rains. Chuck's staff have cleaned the grates twice in the past month.
6. BUDGET UPDATE:
The budget status reports for February and March were distributed and
discussed. Steve noted that he has requested that $17,000 be transferred from
Engineering and Architectural fees plus an additional $3000 from Other
Collier Count.',' Government Center · 3301 Tamiami Trail. East · Naples. Fh~rida 33962
16G2
8o
Bo
r'ontractual Services so that $20,000 will be available for the new phase. Joe
:late will make the request to the Board.
Steve advised that the preliminary budgets for next year are under way and
he will keep the committee informed during the process.
OFFICE
A.
OF CAPITAL PROJECTS MANAGEMENT REPORT
Ioe Delate advised that he received a revised proposal for services during new
construction from Mike McGee which was the same amount as last year,
$20,000. Cherryle Thomas made a motion authorizing Mr. Delate to request
that the Board of County Commissioners approve the supplemental agreement
for a fee of $20,000 to Mr. McGee's original contract; seconded by Mike
Garrett and carried unanimously.
Joe said he has received a few phone calls from local businesses regarding
closing off driveways and explained that access would still be available during
construction. Joe noted that the owners involved were notified in writing.
Mike McGee advised that FDOT reviewed the site and they, too, determined
that these driveways should be shut down because they are considered either
a safety violation or should not have been permitted in the first place.
A written estimate of the cost for OCPM management services from now to
completion of the project as provided by Mr. Delate and copies were
distributed. The estimate also includes inspection time required by the State.
There ','vas some discussion. The committee will review the document and
will discuss further this next month. Joe advised that due to a prior
commitment, he would not be able to attend next month's meeting but would
be available to answer any questions by phone.
OLD
A.
BUSINESS:
Denise distributed copies of the response letter to the Board regarding the
Collier Streetscape Master Plan for the members review and approval.
Mike McGee read a letter from FDOT that was address to Nell Dorrill that
advised that the SR 29 grant application has been approved for submission to
the Highway Beautification Council for this year's ranking competition.
Mike McGee provided a set of plans for the proposed changes and
improvements to the area in front of the Seminole Gaming Palace which
includes an estimated cost. Denise will provide Ms. Losa de Lara with a
copy.
2
16G2
9. TRANSPORTATION ADMINISTRATION REPORT/UPDATE
A. Steve will order touch up paint for Ii§hr poles; check on a light that has been
reported to be out.
B. Steve requested that the committee approach Commissioner Berry regardinl;
the $27.5,000 funding necessary (December 17, 1996, BCC agenda item 8
B.2) by the County since approval was never granted. This must be done
prior to the final budget bein§ issued.
10. NEW BUSINESS
There was no further business to be addressed.
11. OPEN DISCUSSION
There was none.
12. ADJOURNMENT
As there was no further business to discuss, the meeting was adjourned at 6:30 p.m.
The next meeting will be held on May 21, 1997 at 5:00 p.m. at the Community Center.
3
16G2
MEMORANDUM
TO:
FROM:
RE:
DATE:
Sue Filson, Administrative A~sistant, Board of County Commissioners
Bleu Wallace, Utility Regulation Manager~
Transmittal of Minutes - Collier County Water & Wastewatcr Authority
July 1, 1997
Transmitted herewith are the minutes of the April 28, 1997 meeting of the Collier County
Water and Wastewater Authority. These minutes were approved at the Authority's
regular meeting on June 30, 1997.
Be advised that no meetings took place in November and December 1996, and March and
May 1997, to date.
Direct any questions to me at ext. 7146.
16G2 ,1
COLI.IER COUNTY WATER
AND WASTEWATER AUTIlORITY
Minutes of Regular Meeling
Board Meeting Room
3'~ Floor, Administration Building
2:00 PM, April 28, 1997
An audio record of the following proceedings is on file with Ihe Office of Utility
Regulation, Suite 203, Administration Building, County Government Ceuler, 3301
Easl Tamiami Trail, Naples, Florida 34112, Phone (941) 774-8577.
Assistant County Attorney Thomas C. Palmer was present to provide legal advice to the
Authority and Utility Regulation Manager and Executive Director of the Authority, D. E.
"Bleu" Wallace was present to represent the Office of Utility Regulation staff.
Item I. Call to Order. Chair'man George J. Schroll called thc meeting lo order at 2:04
PM, noting thc absence of Mr. Robert C. Bennett, and declaring that the other four
members were present, constituting a quorum. Also present were Vice Chairman Dr.
Neno Spagna, Mr. Richard F. Bergmann, and Mr. Scott L. French.
Item II. Approval of Minutes. February 24, 1997 Regular Meeting. The minutes were
approved (4-0) after motion by Mr. Bergmann and second by Mr. French.
Item III. Open to the Public. Mr. Wallace advised the Authority that no requests had
been received from the public to address the Authority.
Chairman Schroll stated that unless there were any objections by Authority members, hc
preferred to delay the next agenda item, Item IV. Items Requiring Action by the
Authority, until after the presentation of the guest speaker. There were no objections of
tile Authority members.
Item V. Guest Speaker Remarks - Mr. Clarence S. Tears, Director, Big Cypress Basin.
Chairman Schroll introduced Mr. Tears and provided a brief'biographical sketch
regarding his background, education, and water management experience.
Mr. Tears made a slide presentation regarding Big Cypress Basin Board's mission, goals.
and surf'ace/ground water monitoring programs, ltis presentation covered past, prescnl,
and future milestones regarding water management and alternate water sources, l to
fielded questions of Authority members throughout tile 35 minute presentation. Upon
conclusion, thc Chairman thanked Mr. Tears for appearing before the Authority, and
accolades from other members were voiced.
Forthc record, the ChairnmnstatcdthatMcmhcrMr. Robc~ Bennett amvcdandlook his
place duringMr. Tears' prcscntation, rcsuhinginallmcmbcrs present.
Norris
Hancock
Constantine
~ac'Kle
Berr~ ~
16G2
Thc Chairman announced that thc Authority would return to thc remaining agenda ilcms.
Item IV. Items Requiring Action by the Authority - Establishment of 1997 Price
Index. Thc Chairman asked Mr. Wallace to address lhis item. Mr. Wallace presented the
item, citing Ordinance 96-6 requirements and provisions, thc Florida Public Service
Commission Order regarding its 1997 Price Index, explained the history of indexing and
how indexing was to be applied. Wallace answered questions of the Authority members
and was supporled by Mr. Palmer regarding legal aspects of questioning. Wallace
provided tile Office of Utility Regulation staffrecommendation thai Final Order No. 97-
03 be adopted by the Authority establishing the 1997 Price Index factor of 2.13 per cent
to be applied to water and wastcwatcr systems under the Authority's jurisdiction. Mr.
Bergmann made a motion to accept staffrecommcndation and adopt Final Order No. 97-
03. Motion was seconded by Dr. Spagna and passed unanimously (5-0).
VI. Authority Members Discussion. Mr. Roger Yttcrberg, Rcgional Manager for
Florida Cities Water Company, was accompanied by Mr. Samy Faded, P.E., Executive
Director of the Lee County Regional Water Supply Authority. Mr. Faricd gave the
Authority a brief overview of the Lee County Regional Water Supply Authority.
Chairman Schroll recognized Mr. French and stated that his term was to expire next
month. The Chairman urged Mr. French to stay on; Mr. French said no.
Mr. French make some par'ling remarks regarding the constraints placed on Authority
members by the Sunshine Law regarding many of the actions that come before the
Authority. Mr. French stated that the Sunshine Law limits a committee like this one,
especially since there is no pay or compensation for serving on the Authority. He stated
that it was his wish that the Authority was more involved in Collier County Public Works
insofar as they were the largest water and sewer provider in the County. Itc also was
concerned that the Authority was not involved in the budgeting process for the Office of
Utility Regulation. Mr. Wallace advised that he would address those issues during the
Executive Director's Report. Mr. French ended by saying that he has learned
considerably and has enjoyed the year lie served on tile Authority.
Chaimlan Schroll advised that the Authority was approaching its firsl year in existence.
and that it ,,vas in order to consider the selection of officers for the coming year. The
Chairman suggested that Vice Chairman Spagna be moved to the chair. Discussion
ensued and it ,,vas agreed that the Authority should go Ihrough the nomination process.
Thc Chairman nominated Dr. Spagna for Chairman; the nomination was seconded by
llcrgmann; Dr. Spagna was unanimously confimmd as chairman (5-0). Dr. Spagna
nominated Mr. Bcrgmann as Vice Chairman; seconded by Mr. French; Mr. Bcrgmann
was unanimously confirmed as vi~c chairman (5-0). It was agreed that tile new ofllccrs
would assume their new roles upon completion oflhe current officers one year term.
Item VII. Executive Director's Report. Mr. Wallace advised Ihat staffwould be
visiting the Orange Tree Utilities facilities in Golden Gate on April 29'h. Any Authority
member was welcome to accompany staff il' they wished.
Mr. Bcrgmann questioned tile County's recent action regarding urban expansion of
County water and sewer. Assistant County Attorney, Tom Palmer, advised thc Authority
on this matter.
Chairman Schroll asked for discussion regarding Ihe preparation ora report Io the Board
of County Commissioners regarding the Authority's actions over tile past year. The
Authority members agreed unanimously to the development of an annual ~cport. The
Chairman queried Mr. Palmer regarding the "Sunshine" sensilivity of such a report and
the offtbe record discussions of Authority members in drafting such a report. Mr. Palmer
advised that such discussions in preparing such a report would not violate Sunshine
Laws. Chairman Schroll advised that he would be in touch with members regarding the
drafting of an annual report. Mr. Wallace offered staffsupport in the final preparation of
the report and placing the item on the Board of County Commissioners' agenda.
Wallace advised the Authority that at the June 1997 meeting, he would present the Office
of Utility Regulation proposed budget for Fiscal Year 97/98, wherein he will recommend
a reduction in the regulatory assessment fee from 4 V~% to 4%, resulting in a 12-15%
reduction in revenues. He reported that some $400,000 was carried forward on
September 30, 1996 into the new Fiscal Year 96/97 and that at the cad of Fiscal Year
97/98, the reserve balance would approach $1 Million. Wallace stated that he would
present his proposed FY 97/98 budget to tile County Manager on Friday, May 2~.
Wallace advised that he would present the Office of Utility Regulation proposed budget
to the Authority at their June meeting.
The Chairman called on Mr. Wallace for his report. Mr. Wallace discussed thc
scheduling of the Authority's next meeting, advising that staffhad no pending actions
requiring action by the Authority. it was discussed that since the next scheduled meeting
date fell on May 26'h, a holiday, Wallace suggested that tim May meeting be canceled and
the next meeting date be scheduled for June 30*. That date was agreeable to all members.
Thc Chairman advised that ifa meeting was necessary prior to the June meeting date. Itc
could call an emergency meeting. Dr. Spagna wanted it to be noted that ifa Authority
meeting was scheduled for May 19'~, he would be unable to attend.
Wallace briefed members of proposed legislation before the 1997 Florida Legislature
regarding the extension of"margin reserve" and "full cost recovery ofcnvimnnmntal
related costs" that would remove from regulatory entities' discretion, rate base
determinations regarding "used and useful facilities in the public service", resulting in thc
current customers paying for fimilities installed for future customers. Wallace advised
that Board of County Commissioners followed staff recommendation in adopting an
resolution earlier this month requesting the l.ocal Legislative Delegation oppose the
regulation, in support of other Florida Counties in thc fight. Wallace advised that our
16G2
registered lobbyist in Tallahassee, Attorney Michael Twomey, was lobbying against the
legislation in an effort to protect lhe utility customer of private utilities. Twomey has
been successful in defeating the "margin reserve" language and was attempting to have
the environmental cost recovery language thrown out as well.
At this time Mr. French made a motion to adjourn thc meeting. Thc motion was
seconded by Dr. Spagna and passed unanimously (5-0).
16G2
COi.I.I Ell COUNTY 'WATER
AND WASTEWATER AWFIlORITY
Minutes of Regular Meeting
Board Meeting Room
3'a Floor, Administration IHdg.
2:00 i'M, January 27, 1997
C.. i,.~.
An audio record of the following proceedings is on file with Ihe Office of Utility
Regulation, Suite 203, Connty Government Center, 3301 E. Tamiami 'Frail, Naples,
Florida 34112, Phone (941) 774-8577.
Assistant County Attorney Thomas C. l'ahncr was prcscnt lo provide legal advice to tl)c
Authority.
Utility Regulation Manager and Executive Director of thc Authority, D.E. "Bleu"
Wallace was present to repre~nt the Office of Utility Rcgulalion staff.
Item I. Call to Order. Authority member present were as follows: Mr. George J.
Schroll, Dr. Neno J. Spagna, Mr. Scott L. French, and Mr. Richard F. Bergmann. It ,,vas
noted that Mr. Bennett was unable to attend tile meeting due to illness. Chairman
Schroll, after determining a quorum, called the meeting to order at 2:13 P.M.
Item II. Approval of October 28, 1996 Minutes. Thc minutes were unanimously
approved after motion by Dr. Spagna and second by Mr. French.
Item III. Open lo tile Public. Thc Chairman asked if there was anyone from tile public
wishing to address Ihe Authority under "Open lo thc Public". Mr. ~Vallace advised that
he had received a request from Rookery Bay Utility, however they later wilhdrew their
rcqnest.
Item IV. Items Requiring Action by tlle Authority.
Item IVa: Selection of tlearing Examiner Pool. Aulhority members revie~ved tile
qualifications of candidates requesting appointment to tile Hearing Examiner Pool. AFter
a briefdiscussion between the Authority members and Assistant County AUomey
Thomas Palmer, it was determined fha! Judge Charles Carlton should not be eliminated as
a candidate. Mr. Wallace also noted tim! additional correspondence requested from
candidate Stephen Ostrow, to determine his membership with the Florida Bar, was
received and he should not be considered ,-ts a candidate. After additional discnssion,
Chairman Schroll made a motion to select the following attorneys for appointment to the
Hearing Examiner Pool. The motion was seconded by Mr. Bergmann and passed
unanimously (4-0).
Norris
Hancock
Constantine
Ha¢'Kt.
Berr~
16G2
Judge Charles T. Carlton
Mr. William P. Itobgood
Mr. Dennis J. Moss
Mr. J. Blah Taylor
Mr. Jcffrcy S. Russcll
Chairman Schroll made a motion to establish an hourly rate of compensation of $150.00
per hour for Hearing Examiners. The motion was seconded by Dr. Spagna. After the
Authority directed several questions to Assislant County Altomey Thomas Palmer, Ihe
above motion was amended by Chairman Schroll 1o state "not more Ihan $150.00 per
hour." This motion was seconded by Mr. Berg, mann and passed unanimously (4-0).
The Authority then directed Mr. Wallace to draft a resolution establishing the Hearing
Examiner Pool and compensation rate for execution at the next Authority meeting.
Item IVb: Price Index Application - Orange Tree Utility Company. Tom Nohl, Sr.
Fiscal Analyst, Office of Utility Regulation, addressed this item. Mr. Nohl presented a
summary of the application, the staffreview process, and the sequence of events leading
up to this action. Mr. Nohl responded to several questions posed by the Authority.
Chairman Schroll moved to accept staffs recommendation and approve Final Order 97-1.
Mr. French seconded the motion and the action was approved unanimously (4-0).
Item V. Presentation - "Utility Regulation - 1996 In Review". Mr. Wallace,
Executive Director, made a presentation depicting the sequence of events in 1996 that led
to the establishment of the Office of Utility Regulation and the Collier County Water and
Wastewatcr Authority was presented to the Authority. The presentation also showed
significant events and actions acted upon since the Authority's inception, a sequence of
events regarding SSU, the Office of Utility Regulation's Mission Statement and 1997
Goals.
Item VI. Executive Director's Report. Mr. Wallace reported to the Authority that the
Office of Utility Regulation was in receipt oran application for territorial expansion flied
on behalf of Florida Cities Water Company. Mr. Wallace asked for direction in whether
or not to schedule a public hearing on the matter. After further discussion, Chairman
Schroll made a motion to conduct a public hearing regarding Florida Cities territorial
expansion to be scheduled at the next Authority meeting on Monday, February 24, 1997.
The motion was seconded by Mr. Bergmann and passed unanimously (4-0).
Item Vll. Authority Members Discussion. No discussion.
Item VIII. Adjournment. A motion to adjourn was made by Chairman Schroll,
seconded by Dr. Spagna, and passed unanimously. Thc meeting was adjourned at 3:20
P.M.
O~te:
COI.I,IER COUNTY WATER
AND WASTEWATER AUTIIOR1TY
Minutes of Regular Meeting
Board Meeling Room
3'd Floor, Administration Building
2 p.m., October 28, 1996
An audio record of the following proceedings is on file with the Office of Utility
Regulation, Suite 203, County Government Center, 3301 East Tamiami 'Frail,
Naples, Florida 34112, Phone (941) 774-8577.
All Authority mcmbcrs were in attendance, as follows: Chairman Gcorgc J. Schroll, Vicc
Chairman Dr. Ncno Spagna, Mr. Richard F. Bergmann, Mr. Scott L. French, and Mr.
Robert C. Bennett.
Assistant County Attomcy Thomas C. Palmer was present to provide legal advice to thc
Authority. Utility Regulation Coordinator and Executive Director of thc Authority. D. E.
"Bleu" Wallacc ,,vas present to reprcscnt thc Office of Utility Rcgulation stall'.
Thcrc :vas a short dclay in starting the mccting as thc clcrk had not arrivcd to bcgin thc
audio Iapc.
Item I. Call to Order. Thc Chairman called thc mccting to order at 2:02 p.m.,
ascertaining that all mcmbcrs wcre present, constituting a quorum.
Item Il. Approval of Minutes. After a short discussion, Mr. French movcd to approve
thc minutes of thc August 26. 1996 rcgular mccling, The motion was seconded by Mr.
Bclmctt and was approved unanimously (5-0).
Mr. Bcnnctt movcd to approve thc minutes oFthc cmcrgcncy mccting oI-Scptcmbcr 3.
1996. Thc motion ,.,.'as seconded by Dr. Spagna and ,.vas approved unanimously (.5-0).
I lcm III. Open lo the i'uhlic. Thc Chairman asked if there ,,vas anyone f'rom thc public
wishing to address thc Authority. Executive Director Wallace advised rio requests to
;,ddrcss tile Authc, rity had been rcccivcd.
ItcmlV. ItemsRcquiringActionl)ythcAulhority.
IVa. Authorization to Advertise for llearing Examiner Pool. Thc Clmirm:,n
rcqt,ested Excct,tivc l)ircctor Wallace at provide background regarding slaws request.
Wallace explained thc role of hea6ng examiners and Iht role of Ibc Audmrity regarding
rate cases and other tnallcrs requiring public hearings. Wallace addressed questions
I?om thc Authority members and advised that thc scope of hearing examiners would be
covered m more detail during the Ulility Regulation Workshop, later in thc meeting.
~anc~k
Lo~stant ~ne.
16G2
16G2
Dr. Spagna moved to accept thc staff recommendation and authorize thc advertisement
for candidates for a Hearing Examiner Pool. The motion was seconded by Mr. Bennett
and ,,vas approved unanimously (5-0).
IVb. Reconsideration of Eagle Creek Utility II, lac. 1995 Price Index
Application, as Requested by the Board. Thc Chairman provided some background on
thc previous actions taken by the Authority rcgarding approval of Eaglc Crcck's 1996
Index application and denial of thc 1995 Index application on August 26, 1996. Thcn thc
Chairman asked Executive Director Wallace to provide a rcpor~ on this item. Wallace
addressed thc sequence ofcvcnts, from thc Authority's denial of the 1995 Indcx
application, 'Eagle Crock's petitioning of the Board to amend Ordinance No. 96-6 Io
allow rate relief, the Board's direction to staff', staff's recommendation back lo the Board,
and Ihe Board's adoption ora resolution on October 15, 1996, requesting the Authority to
reconsider the 1995 Index application, and if necessary, authority for the Authority to
eslablish a 1995 Price Index factor to be applied to Eagle Creek only.
ltle members discussed the merits of the case resulting in questions regarding use of the
cf fluent, tile timely filing of the application, and the FPSC's receipt of Eagle Crcek's
application. Wallace answered some of the questions; others were referred to Mr. Emetic
Robert, Eagle Creek accountant, and Mr. Siesky, Eagle Creek legal counsel. Chairman
Schroll asked Mr. Robert if the customers had been notified of the 1996 Index increase;
Mr. Robes stated that all customers were notified. Chairman Schroll asked Wallace if
staff.would follow up on notices to bc mailed to customers regarding thc 1995 increase.
Wallacc stated "ycs"; that staff routinely approved customer notices prior to rclcasc by
ibc utility. Wallace stated that hc had approvcd tile 1996 indcx notification and would do
Ibc same with thc 1995 Index increase notice.
Dr. Spagna asked Mr. Sicsky if thc utility concurred with the staff rcconmmndation.
Mr. Siesky replied in Ibc affirmative. Mr. Bcrgmann requested that Future agenda packets
include page numbers. Wallace stated that his request was duly noted.
A tier discussion, Mr. Bcnnclt movcd to acccpt Ibc staff rccommcndatiou and adopt Fi,al
Order No. 96-9. approving F, aglc Crock's 1995 Price Index application. Thc motion was
scconclcd by Chainlmn Schroll ami was :~pprovcd unanimously (5-0).
item V. Workshop - Utility Ralc Regulation. Excculivc Director Wallace provided
introduclory remarks regarding thc xvorkshop ami proceeded with a slide and n;~rrativc
presentation rcgarding organization of the OFfice of Utility Regulation, thc Players in a
Rate Case, and S~cp-by-stcp I'roccdurcs ora Rate Case. Wallace dcfc~cd to Sc.ior
Fiscal Analyst Tom Nohl fi~r his prcscnlation regarding utility ratcmaking ami an
overview of thc diffcrcnt componcnis thai comprise resulting utility rates. Many
qucsliO~lS posed by A.lhorily members were addressed during thc prcscnlation.
16G2
Assistant County Attorney Tom Palmer responded to questions rcgarding thc conduct of
public hea6ngs, Fair rate ofretum, good and bad management practices, prudent
cxpenses, and determination o£ tho cost of capital.
Upon conclusion, Chairman Schroll thanked staff for developing thc workshop
presentation.
VI. Executive Director's Report. Executive Dircctor Wallace provided a status rcport
regarding thc appeal of thc FPSC jurisdictional ordcr regarding SSU. Wallace adviscd
that hc attcndcd thc oral argumcnt session beforc thc First District Court of Appcals in
Tallaha.ssce on October 22, 1996. Hc cxplaincd thc jurisdictional issuc under appeal and
identified thc counties comprising thc coalition of counties involved in thc appeal
(! lcmando, Sarasola, Polk, Itillsborough, and Collier).
Wallace provide members documentation forwarded to the other 66 counties in thc state
hy thc County Manager in an effort to garner support for a statutory revision to Section
367.171 (7), Florida Statutes, clar/lying thc multi-county jurisdictional exceptions.
Wallace advised that staff would present a resolution lo the Board on November 5"',
directing stafflo forward proposed amendatory language lo the local legislative
delegation for presentation to the State Legislature during its 1997 session.
Wallace advised that Senior Fiscal Analyst Toni Nohl and Fiscal A,mlyst II Jim Wiggins,
of the Office of Utility Regulation, had just completed a one week utility ratcmaking
course cosponsored by Florida State University and the National Association of
Regulatory Utility Commissioners in Clearwater, Florida.
Wallace advised thai no mccling was schcdulcd for Novcmlmr 1996; mslcad, with thc
concurrence of the Chairman, he ,,vas altcmpting to schedule a tour of thc SBU utility
fi~cililies on Novcmbcr 25, 1996. Should SSU not grant our rcqucst, Wallace stated that
hc would coordinalc a tour of anothcr utility, such as Or:mst Trcc or Rookery Bay. Itc
st;~tcd that a Icttcr confirming a tour would be forfl~coming.
Mr. Bcrgmmm questioned thc feasibility of inviting rcprcscntativcs from SFWMD to
a(Idrcss the Authority regarding fulurc walcr master plans, etc. Wallace stated that such
rctluCSts l'ronl Authority n)cmhcrs should he routed through thc Chairman for irlput It')
st:df f'or agenda scheduling.
VI I. Aulhority Members Discussion. Chairman Schroll notcd Ibc prcscncc of Florid:,
Cities Walcr Company managerial staffin thc audience, and Ih:raked Ihcm fi)r providing
Iht Auflmrity a tour of their fimililics in September.
VIII. ,\djnurnment. Mr. llcnnctl moved to adjourn; thc motion was sccondcd by l)r.
.'qj'):l[~.ll;I. Thc motion passed un:~nimously (54)).
16G2
I
COl,IA El/, COUNTY WATER
AND WASTEWATER AUTIIORITY
Minutes of Emergency Meeting
Board Meeting Room
3'" Floor, Administration Bldg.
8:00 A.M., September 3, 1996
An audio record of thc following proceedings is on file with Ihe Office of Utility
Regulation, Suite 203, County Government Center, 3301 E. Tamiami Trail, Naples.
Florida 34112, Phone(941)774-8577.
Authority members in attcndance, constituting a quorum, as follows: Mr. George J.
Schroll, Chairman; Dr. Neno J'. Spagna, Vice-Chaimmn; and Mr. Robert C. Bennett Jr.
Thc Emergency Meeting of the Collier County Water and Wastewater Authority was
called to order at 8:05 A.M. Chairman Schroll asked Mr. Wallace, Executive Director of
the Authority and Utility Regulation Coordinator, to outline the proceedings.
Mr. Wallace stated that Ihe County Manager's Office has hccn successful in negotiating
an agreement with SSU; whereby SSU will pay the delinquent regulatory fees and come
into general compliance with Ordinance 96-6. Mr. Wallace stated that staffrecommends
that the Atathority approve Final Order 96-8 which contemplates approval of the
agreement and rescinds Final Order 96-7 which imposed administrative penalties on
SSU.
Chairman Schroll made a motion to adopt Final Order 96-8. Thc motion was seconded
by Mr. Bennett and passed unanimously (3-0). Mr. Bennett made a motion to rescind
Final Order 96-7. The motion was seconded by Dr. Spagna, and passed unanimously (3-
0).
Thc Authority congratulated County staffon thc fine work put forth in scttling this matter
with SSU.
Dr. Spagna made a motion to adjourn thc meeting; Mr. Bennett seconded thc motion.
Meeting adjourned at 8:13 A.M.
Norr 1 s
Hancock
Constantine_
Mac'Kte
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16G2
COI,I,IER COUNTY WATER
AND WASTEWATER AUTilORITY
Minutes of Regular Meeting
Board Meeting Room
3'" Floor, Administration Bldg.
2 p.m., August 26, 1996
I
I
An :radio record of lite following proceedings is on file with the Office of Utility
Rcgul'4tion, Suite .203, Count)' Government Center, 3301 E. Tamiami Trail, Naples,
Fh)rida 34112, I'honc (941) 774-8577.
All Authority members wcrc in attendance, constituting a quorum, as follows: Mr.
Richard F. Bergmann, Mr. George J. Schroll, Dr. Ncno J. Spagna, Mr. Scott L. French,
and Mr. Robcrl C. Bennett Jr.
Assistant County Attorney Thomas C. Palmer was present to provide legal advice to thc
Authority.
Utility Regulation Coordinator and Executive Director of the Authority, D. E. "Bleu"
Wallace ,,vas present to represent thc Office of Utility Regulation staff.
Item I. Call to Order. Chairman George Schroll, after determining a quorum, called the
meeting to order at 2 PM, August 26, 1996.
Item !1. Approval of July 22, 1996 Minutes. After a short discussion, the minutes
were unanimously approved alter motion by Mr. Bergmann and second by Mr. Bennett.
Item I!1. Open to the Public. Chairman asked if there was anyone from the public
wishing to address the Authority under "Open to the Public". Wallace advised that he
had received no written requests from individuals wishing to address thc Authority.
Item IV. Items Requiring Action by the Authority.
Item IVa, Rookery Bay Utility Company, Inc. - Grandfather Ccrlificate Application.
The Chairman requested Wallace to address the item. Wallace briefly summarized the
purpose of the application, staffs recommendation, and requested the Authority to issue
Preliminary Order No. 96-6, which recommends that the Board &County
Commissioners grant Rookery Bay Utility Company, Inc. a certificate for its wastewatcr
service area consistent with the service area previously approved by the Florida Public
Service Commission. Wallace advised that this action would not change the existing rate
tariffor service territory previously approved by the Florida Public Service Commission.
After a brief discussion, Mr. French moved to accept the staffrecommendation and
approve Preliminary Order No. 96-6. The motion was seco~l~y Mr. Bennett and
approved unanimously (5-0). lqancocl~
Coastaet ine.
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16G2
1
I
Item IVh, ()range Trcc l,hility Company Inc. - GrandFalhcr Ccrlificatc Applic:~tion. Thc
('hain~an requested Wallace to address thc item. Wallace provided a hricfsumma~ and
noted Ih:~t thc action was similar Io thc previous item, slaling Ihat it was slaws
recommcndalion that thc Authority issue Prclimina~ Order 96-4, which rccommcnds that
Iht Board of County Commissioners grant Orange Tree Utility Company, Inc. cent ficatcs
for ils walcr and waslcwalcr sc~ice areas, consistent with Ihe sc~ice areas prcviously
approved by Ibc Florida Public So.ice Commission. After a shoa discussion, Mr.
Bcnncu moved to accept staffs recommendation and approve Prclimina~ Ordcr No. 96-
4, Thc motion was sccomted by Mr. Schroll and was approvcd unanimously (5-0).
Item IVc, Eagle Creek Utility II. Inc. - Grandfather Certificate Application. Thc
Chairman requested Wallace to address this item. Wallace briefly summarized thc item
noting that the action ,,vas similar to the two previous items. Wallace reiterated staff's
recommendation that the Authority issue Preliminary Order 96-5, which recommends that
thc Board of County Commissioners grant Eagle Creek Utility II, Inc. a certificate for its
wastewatcr service area, consistent with the service area previously approved by the
Florida Public Service Commission. After discussion, Mr. Bennett moved to accept thc
staffr¢commcndation and approve Preliminary Order No. 96-5. The motion xvas
seconded by Mr. Schroll, and was approved unanimously (5-0).
Item IVd, Rookery Bay Utility Company - Application for 1996 Price Index and Pass-
through of Increase in Wastcwater Rates. Chairman Schroll requested Wallace to address
this item. Wallace explained the sequence of events related to this particular application
regarding application of the 1996 Price Index factor and pass-through of increased
purchased power (FPL) rates. Wallace advised that staffhad reconciled the revised
application and recommended approval of the revised application for increase in
wastcwater rates resulting from the 1996 Price Index and pass-through by adoption of
Final Order 96-4. After brief discussion, Mr. Bergmann moved to accept staff's
recommendation and approve Final Order 96-4. Mr. French seconded the motion and thc
action was approved unanimously (5-0).
Item IVe, Eagle Creek Utility 1I, Inc. - Application for 1995 and 1996 Price Index
Increase in Wastewater Rates. The Chairman requested Wallace to address this item.
Wallace presented a summary of the application, the ,~taff review process, and the
sequence of events surrounding this particular action. Wallace advised that staffwas
precluded from recommending approval of the 1995 Price Index application in that the
Ordinance 96-6 provides for the application of the current index factor to prior year
operating expenses only, thus the 1996 Price Index application, applied to 1995 annual
operating expenses was appropriate for processing. Wallace responded to several
questions posed by Authority members.
Wallace stated that staff recommends adoption of Final Order 96-5 which denies the i 995
Price Index application and approves the 1996 Price Index application. Wallace advised
that Eagle Creek was represented by legal counsel, Mr. James Siesky, who ~vas present in
the audience.
..1
16G2
Thc ('lmirman invited F. aglc Crock to address the Autborily. Mr. James Sicsky,
representing the utility, addressed lite members, agreeing with staff rccommcmlation to
approve 1996 Price lmlcx application, but opposed the staffrccommcndation to deny fl'm
1995 Price Index application. Siesky asked thc Authority to amend thc ordinance to
allow tim utility rate relief that would have been granted by the Florida Public Service
Cmnmission, had Collier County not resumed jurisdiction on February 27, 1996. Aftcr
discussion, thc Authority agreed that it was not within the Authority's purview to :icl on
an ordinance change. Mr. Bennett moved to accept staffrccommcndation and approve
Final Order 96-5 granting thc 1996 Price Index to Eagle Creek, and denying thc
application for thc 1995 Price Index. Thc motion was seconded by Mr. French and was
approved mtanimously (5-0).
ltcm lYf, Florida Cities Water Company - Memorialize FPSC Ordered Decrease in
Walcr and Wastcwatcr Rates. Chairman Schroll requested Wallace to address tiffs item.
Wallace advised that prior to Collier County resuming jurisdiction, the FPSC issued an
order related to a Florida Cities 1992 rate case which directed the utility to reduce water
:md wastcwatcr rates after a four (4) year amortization period, during which the utility
would recover its approved rate case expense. Wallace advised that the FPSC order was
still valid and Ihat the Authority should memorialize the reduction by adoption of its
Final Order 96-6. After a short discussion, Chairman Schroll moved to adopt Final Order
96-6, the motion was seconded by Mr. Bennett, and approved unanimously (5-0).
Item 1Vg, SSU - Discussion of Alternatives - Enforcement Action.
At ibis time, the Chairman called a twenty (20) minute recess to allow Authority
members the opportunity to review recent correspondence between the County and SSU
before continuing with this item.
At 3:10 p.m., thc Chairman rcconvcned the meeting.
The Chairman asked Wallace to address the item regarding SSU. Wallace summarized
the sequence of events leading lo the Authority's approval of issuing a Notice of
Violation to SSU on July 22, 1996, which contemplated enforcement action against the
ulility within thirty (30) days. Wallace reported that staffhad attempted to negotiate an
agreement with the utility, but SSU was not willing to submit to regulation by Collier
County. Wallace advised that staffrecommends the adoption of Final Order 96-7,
assessing an administrative penalty of $500 and an additional $500 administrative penalty
for each day the utility remains in violation of Ordinance 96-6.
Wallace advised that SSU was represented in the audience by Mr. Brian Armstrong, legal
counsel, and Forest Ludsen, Customer Service Manager. Mr. Armstrong was allowed to
address the Authority members and answered several questions regarding SSU and its
Collier County operations.
The Chairman recognized Mr. Kjell Peterson, President of the Marco Island Fair Water
Defense Fund, who addressed the Authority to reiterate his group's support of thc County
in its enforcement action against SSU.
16G
I
After a shorl discussion, Mr. Bcnnclt made thc following motion:
That thc Authority impose an administrative penally on SSU o1'$500 and $500
per day from April 30, 1996 for failure to pay rcgulalory fees.
Secondly, that thc Authority impose an addilional administrative penalty on SSU
of $500 and $500 per day from June 30, 1996 for Failure to submil application For
grandfalhcr certificates.
Thirdly, that the Authority impose an additional administrative penalty on SSU of
$500 and $500 per day from August 31, 1996 for operating in Collier courtly
without such certificate unless a formal applicalion is submitted prior to that date.
That thc Authofily enjoin and recommend the Board of County Commissioners
lake immediate legal action to collect regulatory fees, interest, and penalties from
SSU.
Finally, that the Authority resolve that SSU has been unscrupulous in its interface
with County Government and cannot be permitted to ignore the laws of this
County.
The motion was seconded by Mr. Bergmann. Dr. Spagna requested that the word
"unscrupulous" be removed from the motion. Mr. Bennett agreed to remove the word
"unscrupulous" and the motion was approved unanimously (5-0). Wallace advised that
Final Order 96-7 would be modified to reflect those actions approved by the Authority.
Item V. Executive Director's Report. Mr. Wallace reported to the Authority that Mr.
Alton Moth Fiscal Analyst Il, Office of Utility Regulation, has recently taken a position
with thc Clerk of'the Court. Wallace introduced the new Fiscal Analyst, Mr. Jim
Wiggins.
Due to a scheduling conflict with the Board Meeting Room, Wallace proposed that the
September 23, 1996 regular meeting date be canceled and that the Authority members
tour thc Florida Cities facilities in Golden Gate. The members were a~eeable to this
arrangement and decided to meet at the Florida Cities office in Golden Gate on
September 23, ! 996 at 1:30 p.m.
Item VI. Authority Members Discussion. Mr. French asked Wallace ifa workshop
could be conducted for thc Authority to familiarize them with rate structures, etc.
Wallace suggested the October Authority meeting could be utilized for this purpose. Mr.
Bergmann requested "mission statements" from any utilities who have them in place.
Wallace advised that he would include this information with utility profile updates.
Item VII. Adjournment. A motion to adjourn was made by Mr. Bergmann, seconded
by Dr. Spagna, and passed unanimously. The meeting was adjourned by 4:30 p.m.
IVfisc. Cortes:
Date:
ItemP.
Norris
Hancock
COI.I.IER COUNTY WATER
AN[) WASTEWATER AUTIIORITY
Minutes of Regular Meeting
Board Meeting Room
3'd Floor, Administration Bldg.
2 p.m., July 22, 1996
An audio record of the follo~ving proceedings is on file with the Office of Utility
Regulation, Suite 203, Count)' Government Center, 3301 E. Tamiami Trail, Naples,
Florida 34112, l'bone (941) 774-8577.
All Aulhority members were in attendance, constituting a quorum, as follows: Mr.
Richard F. Bcrgmann, Mr. George J. Schroll, Dr. Neno J. Spagna, Mr. Scott L. French,
and Mr. Robert C. Bennett Jr.
Assistant County Attorney Mike Pcttit was present to provide legal advice to thc
Authority.
Utility Regulation Coordinator and Executive Director of thc Authority, D. E. "Bleu"
Wallace was present to represent the Office of Utility Regulation staff.
Item I. Call to Order. Executive Director of the Collier County Water and Wastcwater
Authority, Bleu Wallace, called the initial meeting to order at 2 PM, July 22, 1996. as no
officers had yet been elected.
Wallace introduced Board of County Commissioners Chairman John C. Norris, ',vino
made some introduclory and welcome remarks to thc newly formed Authority.
Wallace introduced Mr. Ed Da.,,'. Executive Assistant to the County Manager, who
welcomed thc members on behalf of the County Manager.
Item II. Election of Officers. Wallace suggested that the five members select a
chairman and a vice chairman. Legal Counsel Peuit advised members that thc selection
process must be on thc record. Thc members discussed the selection process, made
nominations, and voted, electing Mr. George J. Schroll as Chairman anti Dr. Neno J.
Spagna as ,,,icc chairman.
Thc Chaimmn took charge of the meeting and directed his altcntion to thc next agenda
item.
Item III. Open to the Public. Chairman asked ifthcre was anyone from thc public
wishing to address thc Aulhority under "Open to thc Public". Wallace advised that he
had received no written requests from individuals wishing to address the Authority.
Wallace explained th3t requests to address the Authority must be in writing and explain
the nature o f thc address and must be received fen (10) days prior to thc meeting. This
advance notice is necessary to allow stafftime to research these issues prior to Ibc
meeting and placing the item on the Authority agenda.
Item IV. Items Requiring Action by thcAulhority.
Item IVa, Florida Cities Water Company (Golden Gale) - Grandfather Ccaificatc
Application. Thc Chairman requested Wallace to address the item. Wallace briefly
st, mmarized the purpose of the application, staff's rccommcndalion, and requested thc
Authority to issue Preliminary Order No. 96-1, which recommends that the Board of
County Commissioners grant Florida Cities Water Company certificates for its water and
wastewater service areas consistent with those service areas previously approved by th(:
Florida Public Service Commission. Wallace advised that this action would not change
the existing rate tariffprcviously approved by the Florida Public Service Commission.
Dr. Spagna moved to accept the staffrccommendation and approve Preliminary Order
No. 96-1. The motion ,,vas seconded by Mr. Bennett and approved unanimously (5-0).
item IVb, North Marco Utility Company, Inc. - Grand fairer Certificate Application. Thc
Chairman requesled Wallace to address the item. Wallace provided a brief summary and
noted that the action was identical to the previous item, stating that it was staff's
recommendation that the Authority issue Preliminary Order 96-2, which recommends that
the Board oFCounty Commissioners grant North Marco Utility Company, Inc. a
certificate for its wastewater service area, consistent with the service area previously
approved by the Florida Public Service Commission. After a short discussion, Mr.
Bcrgmann moved to accept staff's recommendation and approve Preliminary Order No.
96-2. The motion was seconded by Mr. Schroll and was approved unanimously (5-0).
Item IVc, Goodland Isles, lnc.- Grandfather Certificate Application. The Chairman
requested Wallace to address this item. Wallace briefly summarized the item noting that
thc action was identical to thc ;wo previous ilems. Wallace reiterated slaws
recommendation that the Authori;y issue Preliminary Order 96-3, which recommends that
the Board of County Commissioners granl Goodland Isles, Inc. a certificate for its
wastcwater service area, consistent with the service area previously approved by the
Florida Public Service Commission. After discussion, Dr. Spagna moved to accept thc
staffrecommendation and approve Preliminary Order No. 96-3. The motion was
seconded by Mr. Bennett, and was approved unanimously (5-0).
Item I Vd, Establishment of thc 1996 Price Index. Thc Chairman rcqucsted Wallace to
address this item. Wallace explained thc index methodology and answered several
questions from the members. After brief'discussion, Dr. Spagna moved lo approve thc
index by adopting Final Order No. 96-1. Mr. French seconded the motion and the action
w:~s approved un,qnimousl.v
Item I Ve, Florida Cities \\':,ter ('ompany (Gohlcn Gate) - Application for 1996 Price
Index Increase in Water and \Vastewatcr Rates. Thc Chairman requested Wallace to
address Ihis item. Wallace presented a bric£summary of the application, the staffrcvicv,'
process, and rcst,lting increase percentages which were 1.06'/o increase in water rates
.94% increase in wastcwatcr talcs, signific:,ntly less than the Index factor o£ 2.49%.
Wallace answered questions of thc members and after a brief discussion, Mr. Bennett
moved to accept the staff recommendation and approve Final Order 96-2. l'he motion
was seconded by Mr. French and was approved unanimously (5-0).
Item IVf, North Marco Utility Company, Inc. - Application for Pass-through Rate
Increase for Wastcwatcr Sen, ice Rates. The Chairman asked Wallace to address this item
Wallace explained Ihat thc application was to pass through increased costs as a result of
SSU receiving an 18% rate increase from the Florida Public Service Commission in
January 1996, prior to Collier County assuming rcgulalory jurisdiction.
Wallace advised that North Marco Utility Company, Inc. is party to a bulk sewer service
agreement with SSU for the treatment of its wastewatcr ilo,vs. In January, SSU increased
ils rates to Norlh Marco. Thc pass-through allows North Marco to recover the increased
rates charged by SSU. Wallace ,vas asked it thc rates could be approved retroactively;
Wallace replied in thc negative, stating that rates arc established prospectively, and not
retroactively.
Wallace advised that staffdid not agree with the utility's methodology in applying the
pass-through to its rate structure. SlaWs proposal ,,vas to allow the pass-through to apply
to tire gallonage charge only, with no adjustment to the minimum bill. Wallace advised
that the staffposition ,vas coordinated with the utility and that the utility agreed to accept
thc staff proposal regarding final rates.
Members had several questions concerning the various rate calculations. Wallace
deferred to Tom Nohl, Senior Fiscal Analyst, Office of Utility Regulation, who answered
several questions concerning staffcomputations, etc.
Wallace reiterated the staff recommendation for the Authority to adopt Final Order 96-3.
granting thc pass-through to North Marco Utility Company, Inc. The Chairman noted thc
letter in thc record from thc utility accepting slaws position on final rates. After
discussion, Mr. Bennett move to approve slaws recommendation. The motion ,,vas
seconded by Dr. Spagna and was approved unanimously (5-0).
liem IVg, SSU - Delinquent Filing of Regulatory Fees. Wallace presented the staff
position regarding SSU to the Authority members. Wallace addressed thc enforcement
avenues available, and recommended that the Authority send the Notice of Violation
letter to $$U allowing 30 da,'s for thc utility to remit regulatory fees and file application
for grandfather certificates by August 31, 1996. Dr. Spagna asked if there ,vas anyone in
~lre at,dience representing SSU in this matter. No response. Mr. Bergmann asked if there
were any other counties experiencing a similar problem with SSU withholding its
regulatory fees. Wallace responded in the affirmative, stating that Hcrnando County's
regulatory fees had been withheld by SSU for approximately two years. Alter discussion.
Dr. Spagna moved to accept slaws recommendation and authorize the Chairman to sign
~he letter. The motion ,vas seconded by Mr. Bennett, and passed unanimously (5-0).
Item V. Executive Director's Report. Executive Director Wallace reported on
regulatory actions under review and announced that thc next Authority meeting was
scheduled for 2 PM, August 26, 1996, in thc Board meeting room. Wallace advised that
he has scheduled future meetings for the fourlh Monday of each month. Wallace reported
on pending grandfather applications in different stages of completion for Rookery Bay,
Orangctrce, and Eagle Creek which would be presented on the August agenda.
Wallace provided background information regarding Collier County's resumption of
regulatory jurisdiction.
Wallace introduced the newly formed Office of Utility Regulation staffas follows: Tom
Nohl, Senior Fiscal Analyst: Alton Mort, Fiscal Analyst II, and Susan Rossi, Senior
Secretary.
Wallace rcporlcd on regulatory actions under review and announccd that thc next
Authority meeting was scheduled for 2PM, August 26, 1996, in the Board meeting room.
Wallace announced that unless changed by the Authority, future meetings would be
scheduled thc last Monday of each month.
Wallace asked the members if they would be interested in touring some of the utility
facilities in the coming months, when it became cooler. All agreed that a tour would be
beneficial to Authority members. Wallace agreed to schedule a tour in September or
October. Mr. Schroll stated that he had written Mr. Ed Day, requesting that such tours be
scheduled.
Mr. Bergmann suggested that a profile on each utility be provided to the Authority
members, stating the number of customers, plant capacities, etc. Wallace agreed to
provide such a profile and accompanying maps of franchise service areas.
VI. Authority Members Discussion. The Chairman welcomed the Office of
Utility Regulation staff and complimented staffon the material and format of the Agenda
binders. Dr. Spagna echoed the Chairman's compliments to staff.
Mr. Bergmann asked if future agendas would be provided prior to the meetings. Wallace
advised that agendas would be provided to Authority members ten days prior to
scheduled meeting days.
VIi. Adjournment. A motion to adjourn was made by Dr. Spagna anti seconded by Mr.
Bergmann, and passed unanimously. The meeting was adjourned at 3:04 PM.
Naples, Florida, May 28, 1997
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on thie
date in regular session at 2:00 p.m. in the Main Library with
the following members present: Mist, Cortes:
CHAIR: Syd Mellinger
VICE-CHAIR: Jaculyn Dering O~!e:
SECRETARY: Sabina Musci
Doris Lewis Item# //; ~"~.
ALSO PRESENT: John W. Jonee, Library Director
Marilyn Matthes, Mead of Central Services
Luz Pietri, Secretary
APPROVAL OF MINUTES
The Chairman asked for comments or corrections to the minutes
of April 23, 1997. Ms. Musci moved, seconded by Mrs. Lewis and
carried unanimously that the minutes be approved as submitted.
REPORTS OF OFFICERS - None
COKMUNICATIONS - None
UNFINISHED BUSINESS
In reference to the Marco Island Branch building status, Mr.
Jones reported that this project will be started soon.
In reference to the Regional Library planning, Mr. Jones
discussed with the Board various sites. The preferred one is
located at the intersection of Immokalee Road and Livingston
Road consisting of 16 acres. The second choice is an 8-acre
parcel a mile north of the intersection on a piece along
Livingston Road. Both sites are currently county-owned. The
Chairman entertained a motion for approval of the preferred
site(s). Mrs. Dering moved, seconded by Mrs. Lewis and carried
unanimously that those preferred sites mentioned above be
considered first.
The Board reviewed the applications submitted for the Library,s
Employee of the Month. After careful consideration, Mrs. Lewis
moved to select Pat Jacoby as Employee of the Month for May
with Ms. Musci seconding that motion.
In reference to the renovation of the Golden Gate Branch, Mr.
Jones reported that the carpet had been installed and that most
of the work had been completed. The books are being moved back
and the branch should be opening again the first week in June.
M0rr~he B~ed the name change for the Collier North
Hancock
Constanttne~
Mac'Kle
Berr~
16G2
Branch Library. After some discussion, the Board unanimously
agreed to change it to the Yanderbilt Be&oh Brmaoh Librmr~.
The Board set the meeting dates for the next six months. A new
schedule of meeting dates will be mailed out.
NEW BUSINESS
The Board reviewed the applications submitted for the LAB
vacancy. After some consideration, Mrs. Mellinger entertained
a motion to recommend one of the candidates to the BCC for
their approval. Mrs. Lewis moved to recommend Mrs. Diane
Williams with Ms. Musci seconding the motion. The motion
carried with one opposition.
Marilyn Matthes reported to the Board that the Library staff is
working on a Comprehensive C~stomer Service Program and a
revision of the Patron Behavior Policy for both adults and
children.
GENERAL CONSIDERATIONS - None
DIRECTOR,S REPORT
Mr. Jones handed out copies of the FY98 Library Budget as
approved by the County Manager. Most items stayed intact,
except one half time Position at the Estates and a Switchboard
Operator at the Main Library that were dropped.
Mr. Jones also mentioned that a $5,000 memorial has been
pledged to the Library by relatives of a patron who had passed
away while visiting the Library. A bench outside the west side
entrance to the Library is being considered.
REPORT OF THE FRIENDS - None
ADJOURNMENT
There being no further business to come before the Library
Advisory Board, Mrs. Mellinger declared the meeting adjourned.
Time: 3:05 p.m.
BU~
Ray 28, 1997
I have Just completed the Manager's Review for the upcoming
budget process. It was · very p~sitive experience. He
approved a 7.3% increase in ge~eral operations and 2.5 new
positions. In total about a 11% increase. The next step
will be the Manager's final review arid then the BCC hearings
in June. I will furnish you with budget documents at the
LAB seating.
MARCO I S4~ND
The first pre-construction meeting ia May 23rd. From that
point on, it should be only a matter of days before actual
construction begins.
The ]~arco Islarx~ #~an'm Club has agreed to un~erwrite the
coat of the new gallbO for the reading park. The total gift
has a value of $25~000.00.
Remodeling has now begun on this facility.
facelift will be completed in early June.
MAIN -CHILDREN' S
This $53,000.00
we have now completed the remodeling of the Children,s Room.
The new carpet has now been installed and the final
appearance is excellent.
NORTH - CHILDREN'S
Most of the work has now been completed in the Children's
Room. The murial will be completed in the next several
weeks.
CIRCULATION
Our circulation continues to grow. Last month, we
circulated 185,300 items. This is compared to April of '96
when circulation was 140,504.
. ,, .., . Hancock
JUN
Naplel, Florida, ~o~&, 1997
L~ IT BE ~O~ ~ ~e LIBby ~VI~Ry
the following m~rs
VICE-~IR: Ja~l~ ~r~ng
SE~y: Sabena Musci
APPROVAL OF W/mUTES
In reference to the Arco Island Branch building status, Kt.
Jones reported that this project will be started
In reference to the Regional Library planning, Mr. Jones
discussed with the Board various Iitel. The preferred one is
located at the intersection of Imlokalee Road and Livingston
Road consisting of 16 acres. The second choice is an 8-acre
parcel a mile north of the intersection on a piece along
Livingston Road. Both lites are currently cou~lty-ow~ed. The
Chairman entertained a motion for approval of the Preferred
site(s). Mrs. Dering moved, seconded by Mrs. Lewis and carried
unanimously that those preferred sites mentioned above be
considered first.
The Board reviewed the applications submitted for the Library,s
Employee of the Month. After c__ar~ful consideration, Mrs. Lewis
moved to select Pat Jacoby aa ~mp~oyee of the Month for May
with Ms. Musci seconding that motion.
In reference to the renovation of the Golden Gate Branch, Mr.
Jones reported that the carpet had been installed and that most
of the work had been completed. The books are being moved back
and the branch should be opening again the first week in June.
The Board discussed the name change for the Collier North
Branch L:l. brary 0
B~oh BrUeh Li. bre~.
for t~he next mix months. A new
ADJOURNMENT '- :"
There being no further business to come before the Library
Advisory Board, ~rs. Mellinger declared ~he meeting adjourned.
Time: 3:05 p.m.
BUDGET
May 28, 1997
I hive Jult O(~l~lete~. the Manager'e Review for the upcoming
budget pr~.' It wis I very ~itive experienoe. He
])(~lit~or~l'..'~J~,,.~al~t I 11% i3~3xlale. The next eteD
will be ~he .]ll~lag~"~.l '~Anal review an~ then the ~ hlar~ge
in ~lu%l..-I' Will furnilh you with bu4get documente at the
MARCO ISLAND
We have n°w ~mapleted tbs. '.r _emodeling ~f the Children's Room.
The new carpet has now been installed and the final
appearano~ is excellent.
NORTH
Most of the work has now been completed in the Children's
Room. The murial will be completed in the next several
weeks.
CIRCULATION
Our circulation continues to grow. Last month, we
circulated 185,300 items. This is compared to April of
when circulation was 140,504.
'96
!6G2
MARCO ISLAND BEACH RENOURISHMENT~ ~ -'..' '~.-'.)
ADVISORY COMMITTEE ' '
MEMO
TO: Committee Members
FROM: Frank Blanchard
Please be advised that the meeting of the Beach Renourishment Advisory
Committee has been canceled for the month of July.
M/sc. Corrcs:
Da,'.e: ~
Copies ~'o:
Collier County Government Ccntcr· 3301 'Famiami 'Frail, East · Naples. Florida 33962
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL
AGENDA
AUGUST 6, 1997
2:00 P.M.****NOTE NEW TIME
CALL TO ORDER
APPROVAL OF THE MINUTES
OLD BUSINESS
NEW BUSINESS
Leo Ochs, Administrator
Diane B. Flagg, Chief
16G2
Berr$
~isc. Corrcs:
Oa,'e: ~
Cop/es
EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL
(EMSAC)
I. NFORMAL MINUTES
JUNE 4, 1997
2:00 P.M.
EMERGENCY MEDICAL SERVICES HEADQUARTERS
3301 East Tamlami Trail
Council
Members:
Roger Evans
J.P. Gunther-Mohr
Sheldon P. Reed
Bob Laird
Fay Biles
Sharon Hanlon
Rhona Saunders
Excused Members: Michael Davis
Tim Smith
Palma Fuson
Gary Young
Others:
Diane B. Flagg
Jeff Page
Joan Young for Barbara Brown
The regular monthly meeting of the Collier County EMSAC committee was called
to order at 3:00 P.M. on Wednesday June 4, 1997 by Bob Laird, Chairman. He
expressed concern for the lack of members present. It was determined that
there were enough members for a quorum and the meeting proceeded.
The minutes of the May 7, 1997 meeting were approved. Fay Biles needed
some clarification of the 'certificate of need". Diane Flagg provided her with the
information and the meeting continued.
OLD BUSINESS
Several of the EMSAC members were present at the Commission meeting when
the Phoenix Awards were presented to the Paramedics. The EMSAC members
were very impressed and emotionally touched. They expressed to Diane Flagg
how proud she must be of the colleagues.
Discussion then went to the Budget Meeting with Mike McNees. Diane Flagg
and Leo Ochs are meeting with the new county manager to review the budget
proposals. At this point, Diane Flagg passed out copies of the budget and
"walked" the members through. Fay Biles made mention of other budget
hearings some of the members have attended. Comparisons were made and
much discussion followed.
Diane Flagg also summarized the growth management comprehensisYe plan for
the EMS Department that shows 2 units should be added for FY98 budget.
Diane Flagg then took time for questions and answers from the committee.
Bob Laird agreed that the EMSAC committee will make a written
recommendation as well as an oral presentation to the Board for these units.
To further emphasize the ir~portance of keeping up with growth management
guidelines and response times, Steve Rockey gave a presentation referencing
response times and growth management with regards to these two (2) units and
future units. Questions and answers followed.
The billing of EMS transports was brought up and discussion followed. In part,
Diane Flagg explained the new computer system with regard to billing purposes
and the use of computers for medical reports (trip sheets) filled out by the
Paramedics.
NEW BUSINESS
The situation on Marco Island with reference to the union firefighters statement
to "take over EMS". Discussion followed.
The proposed training facility of the North Naples Fire Department was briefly
discussed.
Jeff Page met with the architect and contractors with reference to station #23 off
CR 951. The improvements being done to house the Paramedics is now being
put out to bid and are moving toward a completion date of August 15, 1997.
The EMSAC members agreed that, because of summer being such a busy time
and difficult for everyone to make the summer meetings, the July meeting will be
a combination meeting for both July and August.
There was no more new business.
Meeting adjourned.
Respectfully Submitted
Joan Young
· , 16H 3
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this~'W/6--~day of ~,~.,~.~-/~ , 1997, between
Florida Community Bank whose mailing address is 1400 North 15' Street~"~mokalee, Florida 34142,
hereinafter referred to as 'LESSOR', and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as
"LESSEE'.
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE I. Dcmi~¢5t Prcmi~,¢~,
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Suite "B" and the
W V2 of Suite "C", totaling 1,560 square feet, located at 1400 15a' Street. immokalee, Florida 34142,,
hereinafter referred to as the 'Demised Premises", for the sole purpose of operating a governmental office
to be utilized by the Sheriff's Office.
ARTICLE 2. Term 9f Lea~¢
LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencin~ on
September 1, 1997 and ending August 31, 2000 (Initial Term). Following the Initial Term, this Lease
shall automatically renew annually under the terms and conditions as contained herein provided LESSEE is
not in default of any of the terms of this Lease.
LESSOR and LESSEE shall have the right to terminate this Lease by providing the other party
with written notice not less than ninety (90) days prior to the expiration of the Initial Term or any
extension thereof. Said notice shall be effective upon placement of the notice in an official depository of
the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten
Thousand Nine Hundred Twenty Dollars and 00/100 Cents ($10,920.00) per annum in equal monthly
instellments of Nine Hundred Ten Dollars and 00/100 Cents ($910.00) each.
All rental payments shall be due payable in advance on the first day of' every calendar month during
the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month,
LESSEE shall pay rental equal to one thirtieth (I/30th) of the monthly rental multiplied by the number of
rental days of such fractional month.
ARTICLE 4. Renewgl Term Rent
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth
in ARTICLE 3 shall be increased annually for the ensuing one year renewal terms in the same proportion
that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average,
all Item-Series A (1967=100), United States Department of Labor had increased for the preceding year.
However. in no event shall the annual minimum rent be less than Ten Thousand Nine Hundred Twenty
Dollars and 00/100 Cents ($10,920.00) nor shall any yearly increase be greater than 10%. In the event
that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial
change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index
shall be adjusted to the figure that would have resulted had no change occurred in the manner of
computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or
substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the
information thereto for use in determining the Consumer Price Index, shall be used in lieu of such
Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than
thirty (30) days following the renewal term.
ARTICLE 5.
Other Ex_venses and Charger,
LESSEE shall pay ail janitorial services, pest control and utility charges pertaining to the Demised
Prer, fises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water,
sewer and telephone or other communication service used, rendered or supplied thereupon or in
connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial
services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the
LESSOR'S bill or invoice.
LESSOR shall be responsible for all costs associated with lhe maintenance of the building's
exterior, parking areas, landscaping, electrical system, plumbing and air conditioning systems.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have thirty (30) days within which
to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR
shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes
or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or
its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of
LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. However, if
LESSOR so directs, prior to the termination of this Lease or any renewal term thereof, or within thirty
(30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations designated by LESSOR which were placed in, on or upon the Demised Premises by LESSEE,
and repair any damage occasioned to the Demised Premises by such removal of said alterations,
improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR
may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable notice to LESSEE, accompanied by LESSEE'S designated agent, to enter into and upon the
Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and
making repairs or janitorial service therein, and for the purposes of inspection for compliance with the
provisions of this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any oilier persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR. shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Insurance
LESSEE shall take out and maintain during the course of this Lease, and during any renewal
thereof, comprehensive general liability coverage including bodily injury, property damage, premises and
operations coverage, products and completed operations coverage, broad form property damage coverage,
automobile liability coverage including owned automobiles, non-owned automobiles and hired automobiles
and contractual liability coverage in an amount of not less than One Million and 00/I00 Dollars
($1,C00,000.00) combined single limits. These insurance policy(ies) shall reflect LESSOR as an additional
insured.
3
If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be
provided for all employees. The coverage shall be for statutory limits in compliance with the applicable
State and Federal laws. The policy must include Employer's Liability with a limit of One Hundred
Thousand and 00/100 Dollars ($100,000.00) each accident.
ARTICLE 10. Indemnity
To the extent permitted by law, LESSOR shall indemnify and save harmless the LESSEE from and
against any and all claims, actions and suits, and from and against any and all losses, damages, costs,
charges, reasonable attorney's fees, payments, expenses and liabilities which LESSEE may sustain or incur
due to the negligent acts or omissions of LESSOR.
LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims,
actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorney's
fees, payments, expenses and liabilities which LESSOR may sustain or incur due to the negligent acts or
omissions of LESSEE.
ARTICLE II. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will
cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs
and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of
receipt of written notice of costs incurred by LESSOR.
ARTICLE 12. Default by Lessee
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to
LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 13. Default by Le~;sor
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or
such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Board of County Commissioners
c./o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Florida Community Bank
1400 North 15t~ Street
Immokalee, Florida 34142
Attention: President or Vice President
cc: Office of the County Attorney
Sheriff's Office, SheriWs Administrative Assistant
· . 16H 3
ARTICLE I $. $~rrcnder Of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises and any improvements to the Demised Premises upon expiration of this Lease, or its earlier
termination as herein provided, unless otherwise directed by LESSOR as mentioned in ARTICLE 6 of this
Lease, broom clean and in as good condition and repair as the same shall be at the commencement of the
term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary
wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. C~eneral Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County, and LESSEE acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Prerrises which would interfere with or adversely affect the operation or maintenance of LESSOR'S
standard operations where other operations share common facilities
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
LESSEE acknowledges that the restroom facilities within the Demised Premises do not comply with the
American Disabilities Act Accessibility Guidelines (ADA Guidelines). If LESSEE is required, at any time
during the Initial Lease Term or any renewals thereof, to comply with ADA Guidelines regarding restroom
facilities, but does not wish to make the improvements to the Demised Premises, and if LESSOR should
elect not to alter the restroom facilities in order for the Demised Premises to comply with said ADA
Guidelines, the LESSEE is hereby granted the option to terminate this Lease, at any time, by providing
LESSOR with immediate written notice to the address set forth in ARTICLE 14 of this Lease.
Prior to LESSEE'S placement of any interior or exterior signage, LESSEE shall obtain LESSOR'S
prior written approval.
LESSEE shall utilize those parking spaces to the rear of the building and shall be allowed to park
vehicles overnight. Guests ofthe LESSEE will be permitted to utilize common parking located in front of
the building.
ARTICLE 17. Radon Oas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health unit.
ARTICLE 18. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 19. GOVerning Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
]6H 3
IN WITNESS WHEREOF, the panics hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED:
~ '.~ .
AS TO ~ LESSOR:
A~ST:
tC name
print name
BY:
BY:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
T~IMOTHg/~ I-(ANCO~CK, Chairman
FLORIDA COMMUNITY BANK
ALIESE P. PRIDDY~
and Cashier
Approved as to form and
leg~ sufHcier~/:~ /
~ei~i ~.. 'Ash'[on'"
Assistant County Attorney
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
TillS SETTLEblENT AGREEMENT AND MUTUAL RELEASE ("Agreement and
Mutual Release") is made and entered into as of the ~ day o 997, by and
between the Collier County Watcr-Scwcr District ("County"), a political subdivision of the State
of Florida, and Kohler Construction Company, Inc. ("Kohler"), a Florida corporation.
WITNESSETH:
WHEREAS, County has sued Kohler for damages arising out o£ the alleged acts or
omissions of Kohler as more particularly described in the Complaint in the case styled Collier
County Water-Sewer District v. Kohler Construction Company, Inc., Case No. 94-3404-CA-01-
CTC, in thc Circuit Court, in the Twentieth Judicial Circuit in and for Collier County, Florida
(hereafter referred to as the "Lawsuit"); and
WHEREAS, Kohler denies liability for the claims and damages asserted by County in
the Lawsuit; and
WHEREAS, the County and Kohler desire to resolve ali disputes between them with
respect to the Lawsuit and all related matters.
NOW, THEREFORE, for and in consideration of the mutual promises and benefits
conferred herein, the payments recited herein, and for ether geed a.~d ':ak:able conalderatio..
receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto,
intending to be legally bound, covenant and agrees as follows:
The foregoing recitals or "WHEREAS clauses" are hereby made a part of and
incorporated by reference in this Agreement and Mutual Release.
Kohler agrees to pay County S8,$00.00 as full satisfaction of all claims County has made
or could have made in thc Lawsuit.
Except for any claim which might arise under this Agreement and Mutual Release,
Kohler hereby fully and finally remises, releases, quits, satisfies and forever discharges
County and its agents, representatives, officials, employees, from any and all manner of
action and actions, cause and cause of actions, suits, debts, dues, sums of money,
accounts, reckonings, covenants, contracts, promises, damages, judgments, executions,
claims or demands whatsoever, in law or in equity, which Kohler now has, or which any
person, representative, successor, heir or assign of Kohler, hercai'ter can, shall or may
have against County, that refer, arise from or in any way relate to the Lawsuit, the
complaint and defenses filed or asserted in the Lawsuit or any of the events that formed
the subject matter of the Lawsuit.
In consideration of the payment and release by Kohler as stated in paragraphs 2 and 3 of
this Agreement and Mutual Release, County hereby remises, releases, releases, quits,
satisfies and forever discharges Kohler and Travelers/Aetna Insurance, of any and all
manner of action and actions, cause and cause of actions, suits, debts, dues, sums of
money, accounts, reckonings, covenants, contracts, promises, damages, judgments,
executions, claims or demands whatsoever, in law or in equity, which County now has, or
which any person, representative, successor, heir or assign of County, hereafter can, shall
or may have against Kohler, that refer, arise from or in any way relate to the Lawsuit, the
complaint and defenses filed or asserted in the Lawsuit or any of the events that formed
the subject matter of the Lawsuit.
In fi~rther consideration of this resolution of the Lawsuit, County agrees to dismiss the
Lawsuit with prejudice within three (3) business days following receipt of payment and
execution of this Agreement and Mutual Release by all parties.
IN WITNESS WHEREOF, County and Kohler, or their respective authorized
representatives, have hereunto ret their hands to the Agreement and Mutual Release.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER CO~'~ . , %
WATER-SEWER DISTRICT .." ';?.. '-:
By:~:-"
TIMOTHYy HANCOCK, ~Ch, a~rrnan
KOHLER CONSTRUCTION COMPANY, INC.
(2)
JoAnn Licavoli
By:
Printed/Typed Name
P~int~i~Typed Title
Approved as to form and
legal sufficiency:
Michael W. Pettit
Assistant County Attorney
h:\li tiga t i on~k ohler~greemn ~& r~le~.,~
(corporate seal)