BCC Minutes 08/03/1999 R August 3,
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, August 3, 1999
1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the county of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
ALSO PRESENT:
CHAIRWOMAN:
Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
Robert Fernandez, County Administrator.
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, August 3, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD 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 REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Reverend Les Wicker, Naples United Church of Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
A. June 8, 1999 - Regular meeting.
B. June 16, 1999 - Special Sheriff's Budget Appeal meeting.
1
August 3, 1999
C. June 16, 1999 - Special LDC meeting.
D. June 17, 1999 - Budget workshop.
E. June 18, 1999 - Budget workshop.
F. June 21, 1999 - Budget workshop.
G. June 22, 1999 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation designating the week of August 1-7, 1999 as National Clown
Week. To be accepted by Ms. Gloria Carter (Dixie Belle), Ms. Jackie Nolder
(Melody Merrymaker), and Ms. Carol Abbott (Sonshine)
B. SERVICE AWARDS
1)
2)
3)
4)
5)
6)
7)
8)
9)
lO)
11)
12)
13)
14)
15)
16)
17)
18)
Stephen Fontaine, Bldg Review & Permitting - Ten Years
Carmen Richards, Compliance Services - Ten Years
Richard Woodcock, Library - Ten Years
Sue Buck, Information Technology - Ten Years
Mary Ellen Donner, Parks and Recreation - Ten Years
Randy MacDonald, Wastewater - Ten Years
Ramiro Manalich, County Attorney - Ten Years
James Snyder, Social Services - Ten Years
Fred Reischl, Current Planning - Ten Years
John Houldsworth, Planning - Ten Years
Jose Calderin, Parks and Recreation - Five Years
John Daly, Information Technology - Five Years
Elizabeth Froloff, Revenue Services - Five Years
Sharon Phillips, Building Review & Permitting - Five Years
Charles Robixhaud, Parks and Recreation - Five Years
Willie Pugh, Water Department - Five Years
Bruce Gasteneau, EMS - Five Years
Mark Wolin, Water Dept. - Five Years
C. PRESENTATIONS
1)
Recommendation to recognize Jean Jourdan, Real Property Specialist II, Real
Property Management Department, as Employee of the Month for July 1999.
2) Presentation of the 1999 State of Florida EMS Provider of the Year Award.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
A. John D. Jassy regarding street name change for CR 951.
Robert C. Gebhardt representing Patrick and Helen Philbin, et al - regarding the
privatization of roads in the Foxfire subdivision.
2
August 3, 1999
o
11.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Review the schedule for implementation of the Final Order of the
Administration Commission issued June 22, 1999, direction for staff to prepare
a work plan and a schedule for a phased Agricultural Rural Assessment and to
include the regular cycle amendments, the urban area density reductions and
the remedial amendments in one transmittal due by November 30, 1999.
2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Discussion of an extension of the additional 1% levy of Tourist Development
Tax due to expire December 31, 1999.
B. PUBLIC WORKS
1) This item has been deleted.
2) This item has been deleted.
3) This item has been deleted.
4) Approve an Amendment to the Transportation, EMS and Library Impact Fee
Update Agreement with Tindale-Oliver and Associates, Inc.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) To adopt proposed FY 2000 Millage Rates and to amend the FY 2000 General
Fund Reserve Policy.
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Hispanic Affairs Advisory Board.
B. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory
Committee.
C. Appointment of members to the Environmental Advisory Council.
D. Appointment of member to the Collier County Community Health Care Ad Hoc
Committee.
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
3
August 3, 1999
1) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that, in addition to the Sheriff's operating
budget, the Board provide a 5% reserve for contingencies for the Sheriff's
Office in FY 1999-2000.
2)
REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that the Board endorse a recruitment and
retention adjustment for the Collier County Sheriff's Office during FY 1999-
2000.
3)
REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that the Board restore the reductions made in
the Collier County Sheriff's Office budget request for FY 1999-2000.
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
13.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) RECONSIDERATION AS DIRECTED AT THE JUNE 22"d MEETING.
Petition R-99-3 Geoffrey Purse of Purse Associates, Inc. representing Golden
Gate Inn, requesting to change the zoning classification of a property from
"GC" golf course to "C-3" intermediate commercial district. The subject
project is located on the southwest coroner of Golden Gate Parkway and County
Road 951 in Section 26, Township 49 South, Range 26 East, Collier County,
Florida. This site consists of 1.81 acres.
2)
THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Petition PUD-99-6 Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek,
Inc., representing G.L. Homes of Naples Associates, Ltd., requesting a rezone
from "A" Rural Agricultural to "PUD" Planned Unit Development to be known
as Rigas PUD for a maximum of 725 residential dwelling units and a maximum
of 10,000 square feet of convenience commercial and recreational uses for
property located on the south side of Immokalee Road (C.R. 846),
approximately one mile east of 1-75 and one mile west of C.R. 951, in Section 28,
Township 48 South, Range 26 East, Collier County, Florida, consisting of 232
+/- acres.
C. OTHER
1)
Amend Ordinance 89-83, Summerwood PUD to address exotics removal
requirements.
2)
Amend the Rental Registration section of the Collier County Housing
Authority Ordinance to reflect administrative improvements to the program.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
4
August 3, 1999
14.
15.
1)
THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING.
Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe,
P.A. representing Gulf Coast Building Association, requesting approval of off-
street parking for property described as Lot 46, Cypress Woods Estates Plat #2,
to serve the existing businesses located at 3838 North Tamiami Trail, Section 22,
Township 49 South, Range 25 East, Collier County, Florida.
2)
THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING.
Petition PR-99-1 Emilio J. Roubau, P.E., of RWA Inc., representing Hideout
Golf Club, Ltd., requesting reservation of land for off-street parking, having an
equivalent capacity of 43 parking spaces for a private golf club, located on
Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East,
Collier County, Florida.
3)
Petition V-99-10, Anthony P. Pires, Jr., Esquire, of Woodward, Pires, &
Lombardo, PA, representing Tina M. Osceola, requesting an after-the-fact
variance of 13.6 feet from the required front yard setback of 30 feet to 16.4 feet
for property located at 4447 29tn Avenue SW, further described as Lot 18, Block
101, Golden Gate Unit 3, in Section 27, Township 49 South, Range 26 East,
Collier County, Florida.
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - All 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 removed from the Consent Agenda and considered
separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Approval of utility easements for water and sewer facilities for Pebblebrooke
Lakes, Phase 1.
2) Assignment Agreement for easement for Fiddler's Creek, Phase l-B, Unit 3
3)
Authorize a 50% waiver/50% deferral of impact fees for one house to be built
by Elvin Urbina and Maria Pineda in Naples Manor Annex, Collier County.
4)
Authorization of a 75% deferral of impact fees for one house to be built by
Zenorino Labra and Maria N. Labra at 5342 Carlton Street in Naples Manor
Addition, Collier County.
5)
Authorization of 100% waiver of impact fees for three very Iow income single
family houses to be built in Naples Manor, Collier County, by Habitat for
Humanity of Collier County, Inc.
6)
7)
Request to approve for recording the final plat of "Olde Cypress, Unit One,
Block 9" and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance security.
Recommendation to approve Commercial Excavation Permit No. 59.696 J & D
Grading and Hauling Excavation located in Section 30, Township 48 South,
5
August 3, 1999
Range 28 East: bounded on the north by vacant lot, on the east by vacant lot, on
the south by 56th Avenue NE Right-of-way and on the west by canal right-of-
way.
8)
Request to approve for recording the final plat of "Pelican Strand Replat - 7"
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
9)
Recommendation to approve Commercial Excavation Permit No. 59.687,
"Whippoorwill Woods Land Trust Commercial Excavation and Homesite"
located in Section 22, Township 48 South, Range 28 East; bounded on the north,
east, south, and west by vacant land zoned Estates, and also on the east by
Desoto Boulevard, and on the north by C.R. 858 and the Winchester Lake Fill
Pit.
10)
RECONSIDERATION AS DIRECTED AT THE JUNE 22~ 1999 MEETING.
Recommendation to approve Commercial Excavation Permit No. 59.690,
"Everglades Boulevard Lake and Homesite" located in Section 18, Township 48
South, Range 28 East: bounded on the north, east, south, and west by vacant
land zoned Estates and also on the east by Everglades Boulevard.
11)
Authorize the remittance of the balance of funds received from private
donations and allocated to the Building Immokalee Together Project (#01700)
to the Immokalee Main Street Organization and approve the necessary budget
amendment.
12)
Interlocal Agreement between the City of Naples and Collier County for
contractor licensing by Collier County.
13) Request to approve for recording the final plat of "Crown Pointe Shores Two"
14)
Authorization of 100% waiver of impact fees for one very Iow income single
family house to be built in the Seminole Subdivision in Immokalee, Collier
County, by Habitat for Humanity of Collier County, Inc.
15)
Authorization of 100% waiver of impact fees for nine very low income single
family houses to be built in Naples Manor, Collier County, by Habitat for
Humanity of Collier County, Inc.
16)
Approve an extension to the Tourism Advertising and Promotion Agreement
between Collier County and the Tourism Alliance of Collier County.
17) Request to approve for recording the final plat of "Golden Acres"
18)
Execute a participating party agreement with Global Manufacturing
Technology, Inc.
19)
Approval of a lease agreement between Collier County and Primesite
Consulting Group, Inc.
20)
Authorization of 100% waiver of impact fees for a very low income single
family house to be built in Naples Villas Subdivision, Collier County, by Habitat
for Humanity of Collier County, Inc.
21)
Request to approve for recording the final plat of "Olde Cypress Unit Three",
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
6
August 3, 1999
22) Approval of interim policy for commercial lake excavations located in Golden
Gate Estates.
23)
Request to approve for recording the final plat of "Coco Lakes" and approval
of the Standard Form Construction and Maintenance Agreement and approval
of the amount of the performance security.
24) Transfer of grants and vehicles from Good Wheels to the County.
25)
Approval of amendment No. 1 for Contract GC526 with the Florida
Department of Environmental Protection
26)
Adoption of the Public Transportation Development Plan and creation of a
Public Transportation Manager position.
PUBLIC WORKS
1)
Approve an Alternate Road Impact Fee for the Naples Executive Golf Course
based on a site-specific computation.
2)
Approve an Alternate Road Impact Fee for the Old Cypress (fka Woodlands)
Golf and Country Club based on a site-specific computation.
3)
Approve an Alternate Road Impact Fee Calculation for the Vanderbilt Country
Club Development.
4) Accept certain easements in order to improve various road intersections.
5)
Approve a Resolution for the Tentative Award of a Construction Contract to
Project Integration, Inc., for the North County Water Reclamation Facility
5-MGD Expansion Project, Bid 99-2908, Project 73031.
6)
Approve Work Order VGW-FT-99-3 to The V Group Wilkison Joint Venture
for Engineering Services related to a Proposed 20-inch Reclaimed Water Main
along Vanderbilt Beach Road, Project 74034.
7)
Approve a Donation Agreement and accept a Utility Easement for access and
maintenance within Audubon Country Club.
8)
Request for Speed Limit Reduction and Truck Restrictions in the Estey Avenue
area and Brookside area Neighborhoods.
9)
Authorize the Redesign of Airport-Pulling Road to an Urban Roadway to allow
for pathways on both sides of the roadway under the Six Lane Improvements,
Project No. 62031; CIE No. 055.
10)
Award Bid 99-2927 to selected firms for Trenchless Sewer System
Rehabilitation Contracting Services, Project 73050.
11)
Approve Professional Services Agreement with Metcalf & Eddy, Inc. for South
County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP 98-
2891, Project 70054.
12)
Request for Speed Limit Reductions from fifty-five miles per hour (55 MPH) to
forty-five miles per hour (45 MPH) on Immokalee Road (CR 846) from Wilson
7
August 3, 1999
Boulevard to 39th Avenue NE, and on Oil Well Road (CR 858) from Immokalee
Road easterly for a distance of 0.75 miles.
13)
Approve Work Order #TS-CC-9901 for Cabana Construction Company, Inc.
for Bayshore Beautification MSTU Jack and Bore Operation for Utilities.
14) A~vard Bid #99-2955 - "Immokalee Road Grounds Maintenance Service."
15)
Recommendation for a Speed Limit Reduction from forty-five miles per hour
(45 MPH) to thirty-five miles per hour (35 MPH) on Bayshore Drive, from U.S.
41 to Thomasson Drive for a distance of about one and a half (1 ½) miles.
16)
Recommendation that the Board of County Commissioners approve an Increase
to the Contract with Turrell and Associates for Environmental Consultant
Services for the Clam Bay Restoration Project.
17) Approve a Confirmation and Acknowledgment of Easements.
18)
Approve an Agreement for Sale and Purchase of a Parcel to provide for
Potential Access to Future Improvements to the Canal along the west side of
Forest Lakes Homes Subdivision.
19)
Approve Change Order to Work Order CDM-FT-98-11, to provide Engineering
Services for the Manatee Station Pump Upgrades - Project 70052.
20)
Approve Work Order #TE-98-KH-06 with Kimiey-Horn and Associates, Inc.
for the Airport-Pulling Road Six Lane Improvement Project No. 62031; CIE
No. 55.
21)
Approve Supplement Agreement No. 7 with CH2M Hill for the Pine Ridge
Road Improvement, Project No. 60111; CIE 41.
22)
Approve a Construction Phasing and Grant Application Plan for East U.S. 41
Landscape Improvements between Davis Boulevard (S.R. 84) and Rattlesnake
Hammock Road (C.R. 864).
23)
Award Professional Services Agreement to Water Resource Solutions, Inc. for
Engineering Services related to Aquifer Storage and Recovery of Reclaimed
Water, Contract 99-2926, Project 74030.
24)
Approve Amendment 8 to Professional Services Agreement with Hole, Montes
& Associates, Inc. for Engineering Services related to Improvements at the
South County Water Reclamation Facility, RFP 93-2121, Project 73916.
25)
Approve a Subordination Agreement between Collier County and the State of
Florida Department of Transportation.
26)
Approve a Budget Amendment to transfer funds from Project 60171, Advanced
Right-of-Way, to Project 60172, Traffic Signals.
PUBLIC SERVICES
1)
Authorize the name "Conner Park at Vanderbilt Beach" for the park to be
constructed on Bluebill Avenue.
2) Award Bid #99-2958 for sprinkler parts and related items.
8
August 3, 1999
Do
Eo
3)
Authorization of a budget amendment for the Collier County Medical Examiner
to cover increased laboratory testing costs.
4)
Approve an agreement with Collier Sports Officials Association, Inc. for the
purpose of providing sports officials for County-sponsored activities.
5)
Authorize an amendment in the Grandstand Construction Agreement between
Collier County and the Gulf Coast Skimmers, Inc.
6)
Approve budget amendments recognizing a Federal Emergency Management
Agency reimbursement and additional Tourist Development Tax Revenue
available to the County Museum.
7)
Approve the Medicaid Waiver Continuation Contract and authorize the
Chairwoman to sign the contract between Collier County Board of County
Commissioners and the Area Agency on Aging for Southwest Florida, Inc.
D/B/A Senior Solutions for Southwest Florida.
8)
Authorize an application for a matching $10,000 Urban and Community
Forestry Grant.
9)
Authorization of a work order under the County's annual engineering and
design contracts for Barany Schmitt Summers & Weaver to provide a
coordinated site development plan of the Golden Gate County Government
Complex.
10)
Waive requirement for formal competition and award contract funds in 001-
156332-763310 for renovation of a soccer field at Vineyards Community Park.
SUPPORT SERVICES
1) Recommendation to Award Annual Bid 99-2937, Uniform Rental
2) Recommendation to Change Invoice Provision in Four (4) Existing Contracts
3) Award of Bid #99-2949, "Gasoline and Diesel Fuel"
4)
Approve Staff's Selection and Award an Agreement for Fixed Term
Professional Architectural Services, RFP 99-2930.
s)
Approval of the Collier County Government Equal Employment Opportunity
Plan.
COUNTY ADMINISTRATOR
1)
Ratification by the Board of County Commissioners of consent/emergency items
by the County Administrator during the Board's absence.
An
Request approval for the emergency purchase of computer network access
equipment for the four newly leased off-campus locations for the relocation
of the Sheriff's operations personnel and approval of a related budget
amendment.
B. Budget Amendment Reports Nos. 99-321, 99-322, 99-326, 99-327, and 99-
335.
9
August 3, 1999
C. Budget Amendment Reports Nos. 99-286, 99-328, 99-330, 99-345, 99-368,
99-369L, 99-374, 99-375, 99-380.
F. BOARD OF COUNTY COMMISSIONERS
1)
Proclamation designating September 29, 1999 as Law Enforcement
Appreciation Day for 20th Judicial Circuit
G. EMERGENCY SERVICES
H. MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairwoman to sign
Satisfaction of Lien for Services of the Public Defender for Case No.: 90-1435-
TM
2) Miscellaneous items to file for record with action as directed
I. OTHER CONSTITUTIONAL OFFICERS
1)
Request approval for the emergency purchase of telephone systems for the four
(4) newly leased off-campus locations approved by the Board for the relocation
of Sheriff's operations personnel from Building "A" and approval of related
budget amendment.
2)
Recommendation to approve a Budget Amendment to recognize Confiscated
Trust Fund Fiscal Year 1998 Carryforward, Fiscal Year 1999 Additional
Revenues, and use of Confiscated Trust Funds to purchase specialized
equipment by the Collier County Sheriff's Office.
3)
Request approval for the purchase of historical archived disks to continue
implementation of the Records Imaging Project.
4)
Recommend that the Board of County Commissioners designate the Sheriff's
Office as the Official Applicant for the United States Department of Justice
1999 Law Enforcement Block Grant Program, accept the Grant when awarded
and approve applicable budget amendments.
5)
Request approval for the purchase of a processor card for the telephone system
switch at the Sheriff's Office main facility.
J. COUNTY ATTORNEY
1) This item has been deleted.
2)
Recommendation to approve a Legal Services Agreement with Fixel & Maguire
as legal counsel to represent County relating to County's property acquisition
interests including eminent domain proceedings, for the Pine Ridge Road
Improvement Project (Project No. 60111).
3)
A Resolution authorizing, as a valid public purpose, expenditures of funds for
County Commissioners to attend functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners,
ethnic, and civic associations/organizations.
4)
Recommendation that the Board of County Commissioners acknowledge and
consent, as required by agreement, to the merger of WCI Communities Limited
10
August 3, 1999
17.
Partnership into Florida Design Communities, Inc., whose name is changing to
WCI Communities, Inc.
5)
Recommendation to uphold Collier County Board of County Commissioners'
June 8, 1999 decision granting a petition for rezoning from "A" Agriculture to
"PUD" Planned Unit Development for the Naples Reserve Golf Club.
K. AIRPORT AUTHORITY
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND
MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY
THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR
TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE
SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK
IN OPPOSITION TO THE ITEM.
Ao
V-99-6, William and Therese Holzinger requesting a 5 foot variance from the required
side yard setback of 15 feet to 10 feet on each side for property located at 1838 Santa
Barbara Boulevard further described as Lot 9 and the south one-half of Lot 10, Block
153, Golden Gate Unit 5, in Section 21, Township 49 South, Range 26 East, Collier
County, Florida.
Bo
Petition CU-99-7, Hoyt Holbrooks, representing the Lake Trafford Baptist Church,
requesting a Conditional Use "11" of the agriculture zoning district for a day care
facility for property located at 1207 Carson Road, in Section 31, Township 46 South,
Range 29 East, Collier County, Florida.
Co
V-99-09, Jim Titsch, representing Bernard and Ashley Freeland, requesting a variance
of 6 feet from the required 50 foot front yard setback to 44 feet for the principal
structure, an after-the-fact variance of 13 feet from the required 50 foot yard setback to
37 feet for an existing guest house, and an after-the-fact variance of 6.2 feet from the
required 30 foot side yard setback to 23.8 feet for an existing guest house, for property
located at 92 Myrtle Road, further described as Lot 8, Block M, Pine Ridge Extension,
in Section 3, Township 49 South, Range 25 East, Collier County, Florida.
Do
CU-99-09, Katherine Dinatale, representing Ann Phillip Pre-School, requesting
Conditional Use "3" of the "RMF-6" zoning district for a playground as an accessory to
an existing child care facility per Section 2.2.5.3 for property located at 864 102aa
Avenue North, further described as Lot 48, Block 72, Naples Park Unit 5, in Section 28,
Township 48 South, Range 25 East, Collier County, Florida, consisting of 0.154+/- acres.
Eo
THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING AND IS
FURTHER CONTINUED TO THE SEPTEMBER 14~ 1999 MEETING. Petition PUD-
98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing
Collier Development Corporation, requesting a rezone for lands zoned "A" Rural
Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD"
Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD,
for a golf course and accessory and incidental facilities including a clubhouse, 50,000
square feet of C-3 Commercial Uses and/or a hotel on property located between U.S. 41
on the east and Yanderbilt Drive on the west, lying north of 111th Avenue and south of
the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier
County, Florida consisting of 267.44 + acres.
11
August 3, 1999
Fo
Petition PUD- 98-5(1), Mr. Bob Thinnes, of Q. Grady Minor & Associates, Inc.
representing Mr. William E. Touloumis, requesting to amend the Walgreens PUD for
the purposes of adding depository institutions and allow other uses comparable in
nature to the list of permitted uses for property located on the southwest corner of
Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862), in Section 2,
Township 49 South, Range 25 East, Collier County, Florida.
Petition VAC 99-012 to vacate a 3' wide portion of the platted 14' wide drainage
easement on Lot 4, Block G, "Kensington Park Phase Three-B", as recorded in Plat
Book 28, Pages 5 and 6; to vacate a 4' wide portion of the platted 7.5' wide drainage
easement on Lot 18, and to accept a 4' wide drainage easement over a portion of Lot 19
as a replacement drainage easement, "Kensington Park Phase Three-C", as recorded in
Plat Book 30, Pages 19 and 20, Public Records of Collier County, located in Section 13,
Township 49 South, Range 25 East.
Ho
Petition V-99-15, Sami Saadeh requesting a 5 foot variance from the required 5 foot rear
yard setback established for accessory structures to 0 feet to accommodate a pool and
screen enclosure for a property located on Napa Ridge Way and further described as
Lot 12, Napa Ridge Subdivision Unit II in the Vineyards PUD.
Petition V-99-11, John Sissman requesting a 27 foot after-the-fact variance from the
required 30 foot side yard setback to 3 feet on the south side of an existing single family
residence located at 425 Cocohatchee Boulevard in Section 22, Range 25 East, Township
48 South, Collier County, Florida.
Jo
Establishment of a new schedule of development related review and processing fees to
include procedural requirements for fee waiver requests; providing for new and revised
building permit and land use petition fees; adopting a new schedule of fees for fire
prevention permits collectively established and adopted by the independent fire districts
in Collier County; adopting that same schedule of fees for fire prevention and control
permits and compliance inspections for the dependent fire districts in Collier County;
and updating language to reflect current nomenclature.
Petition PUD-99-20, William L. Hoover, AICP, representing Gulf Sun Corporation,
requesting a rezone from "A" to "PUD" to be known as Whippoorwill Lakes PUD, a
residential development not to exceed 518 dwelling units, on property located
approximately 'A mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in
Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of
76.85 + acres.
Lo
An ordinance amending the Water Safety and Vessel Control Ordinance to add a new
body of water known as Hell's Gate as an idle speed zone.
Mo
Scrivener's Ordinance Amending Collier County Ordinance No. 99-35, which Amended
Ordinance 98-37, "The Collier County Reclaimed Water System Ordinance."
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
12
August 3, 1999
August 3, 1999
Item #3
REGULAR, CONSENT AND SUMMARY AGE~DA ~ APPROVED AND/OR ADOPTED WITH
CHA_NGES
CHAIRWOMAN MAC'KIE: Good morning. We'll call to order the meeting of
the Board of County Commissioners for Collier County for Tuesday,
August 3rd, 1999. We're honored this morning to have Reverend Les
Wicker from Naples United Church of Christ with us to lead us in the
invocation. If you'll stand for that, afterwards we'll have the
pledge of allegiance.
REVEREND WICKER: Let us pray. Oh, mighty God, we give thanks
for the gift of living in a land of democratic process and elected
leadership.
We pray for your divine guidance, for the concerns of this
meeting of the commissioners of our county. Give to all sound
understanding, farsighted vision and integrity and judgment.
As we gather to begin important deliberations, help us to
remember the blessings of living in such a progressive community.
Make us eager to make good decisions for all our people, that the
concerns of all might be to their and the community's best benefit.
May we be so guided by your spirit in this and every time of need
as we offer these and all our prayers in your name, amen.
(Pledge of allegiance was recited in unison.)
CHAIRWOMAN MAC'KIE: Can you tell us what the lapel buttons
stands for?
UNIDENTIFIED SPEAKER: Came from the clowns.
CHAIRWOMAN MAC'KIE: Ah. All right. Thank you.
Okay. Tim and I were just saying that when you guys come up for
your presentation, we think we ought to get you up behind here for a
little political statement.
COMMISSIONER CARTER: Well, some may think we ought to switch
seats.
CHAIRWOMAN MAC'KIE: That's what I had in mind.
COMMISSIONER BERRY: Some think we already have.
CHAIRWOMAN MAC'KIE: Some think we already have, that's right.
Okay. Guys, we have a list of changes to the agenda. Will you
take us through those, Mr. Fernandez?
MR. FERNANDEZ: Yes. Good morning, Madam Chairman --
CHAIRWOMAN MAC'KIE: Thanks.
MR. FERNANDEZ: -- and commissioners, and welcome back.
CHAIRWOMAN MAC'KIE: Thanks.
COMMISSIONER CARTER: Thank you.
MR. FERNANDEZ: The first change in add is item 5(A) (2), is
proclamation designating the month of September, 1999, as childhood
cancer & blood disorder awareness month, requested by the board
office.
The next one is an add. The item is 10(E), proposed joint
meeting with the City of Naples, City of Marco Island and the City of
Everglades City to discuss FEMA map changes, requested by Commissioner
Mac'Kie.
The next is to add item 10(F). It's a request by Senator
Saunders for discussion regarding the title loan transactions, also
requested by Commissioner Mac'Kie.
The next is to move item 16(B)4 to 8(B)5, that's from consent to
regular, to accept certain easements in order to improve various road
Page 2
August 3, 1999
intersections, and that was requested by the staff, by the real
property staff.
The next is to continue item 17(K), to September 14th meeting.
That's PUD No. 98-20, rezoning of Whippoorwill Lakes, requested by the
petitioner.
The next is to move item 12(C)1 to item 8(A) 3. This is amend
ordinance 89-83, Summerwood PUD, to address exotics removal
requirements. This is requested by the County Attorney's Office.
The last item is to move item 16(C)5 to 8(C)1. This is the
amendment in the grandstand construction agreement with the Gulf Coast
Skimmers, Incorporated, requested by Commissioner Mac'Kie.
Just a note, in addition, that there are a number of items under
section 11, ll(A) I, (A) 2 and (A) 3 were requested that they be heard
before the setting of the millage rate. That request was made by the
sheriff's office.
CHAIRWOMAN MAC'KIE: Likewise with that, I got a note just a few
minutes ago that Judge Blackwell wanted to be heard on ll(A) 3 and
wondered if we could set a time certain for that so that he could
schedule his courtroom accordingly.
Do you have any advice, Mr. Fernandez, about what we might set as
a time certain for all of those budget items?
COMMISSIONER CONSTANTINE: How about right after the break?
CHAIRWOMAN MAC'KIE: 10:307
MR. FERNANDEZ: 10:30 is a perfect time for us.
COMMISSIONER CONSTANTINE: Right after the break?
MR. FERNANDEZ: We'll be ready.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CONSTANTINE: Okay. Time certain.
CHAIRWOMAN MAC'KIE: So we'll do those right after the break,
close to 10:30. If somebody could let Judge Blackwell know that, I'd
appreciate it.
Okay. Other changes. Mr. Weigel, any?
MR. WEIGEL: None additional, thank you.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Commissioner Berry?
None.
Commissioner Norris?
Unfortunately I do need to pull 16(B)22.
16 (B) 22.
Where do you want to put that?
Well, it would go to --
8(B)67
8(B)6.
And what is that one, just -- Has to do with landscaping of U.S. 41.
Oh. Thank you for pulling that.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: Yeah. I have several. Two I need to
pull from the consent agenda. 16(C)8.
CHAIRWOMAN MAC'KIE: 16(C) 8 will be 8(C)2. And what's the topic
of that one?
COMMISSIONER CONSTANTINE:
my front page.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CONSTANTINE:
to it.
CHAIRWOMAN MAC'KIE: Okay.
I just wrote the numbers down here on
So I'll be better prepared when we get
16(C)8 will be 8(C)2.
Page 3
August 3, 1999
COMMISSIONER CONSTANTINE: And 16(J) 3.
CHAIRWOMAN MAC'KIE: I don't know where to put that one.
How about that, Mr. Fernandez?
MR. FERNANDEZ: That's under county attorney.
CHAIRWOMAN MAC'KIE: Okay. So it will be 9(1) -- I mean 9(A).
And that's 16(J) 37
COMMISSIONER CONSTANTINE: Yes.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CONSTANTINE: Quick question. We may not need to
pull these, but we may. 16(E)I(A) and 16(I)1 appear to be the same
thing.
CHAIRWOMAN MAC'KIE: Give the numbers one more time. 16 --
COMMISSIONER CONSTANTINE: (E) 1 (A) --
CHAIRWOMAN MAC ' KIE: (E) 1 (A) .
COMMISSIONER CONSTANTINE: -- and 16(I)1, emergency purchase of
telephone systems for newly leased off-campus locations. One request
from the administrator, one request from the sheriff. They appear to
be the exact same thing.
CHAIRWOMAN MAC'KIE: Didn't one say it was computer network
access, the same as telephone systems?
COMMISSIONER CONSTANTINE: I don't know. And if they're not the
same, that's great. I just wanted to make sure we weren't approving
the same thing twice.
CHAIRWOMAN MAC'KIE: Don't be ashamed to buy it twice.
MR. FERNANDEZ: Madam Chairwoman, they relate to each other. One
is one that I approved in the board's absence, and it was in the
smaller dollar amount, and requests the board's ratification. The
latter is a much larger dollar amount. I didn't feel comfortable
approving that one in the board's absence, so that's there --
COMMISSIONER CONSTANTINE: Thank you. I don't need to pull
either one of them. I just wanted to make sure they weren't the same
thing.
CHAIRWOMAN MAC'KIE: That's fine.
COMMISSIONER CONSTANTINE: Two others. 16(A) 22, I've got a
couple of calls, and I wondered if we could just continue that item.
That is the one on excavating we've talked about out on the estates
zoned property, and I've just got a call from some of the contractors
who do that type work who said, gosh, wouldn't it be nice if we could
actually talk about this as we put those requirements together. And
they'd just like to be part of that process. So I wondered if there's
any objection if we just continue that to whenever the next meeting
is.
CHAIRWOMAN MAC'KIE: Mr. Fernandez?
MR. FERNANDEZ: Madam Chairwoman, I think it's important that you
have some additional information before you decide on this one. If
16(A) 22 is, in fact, pulled, there are some related items that are
also on the agenda that are based on 16(A) 22. There is 16(A) 7, 16(A) 9
and 16(A) 10.
COMMISSIONER CONSTANTINE: Is there anything that would prohibit
those ones from being approved using these rules without making that
standard policy?
MR. FERNANDEZ: I'd have to defer to the planning staff on that
one. Mr. Mulhere?
MR. MULHERE: Just for the record, Bob Mulhere, planning
director. No, those would -- they're consistent with the rules that
Page 4
August 3, 1999
we're proposing, and we could continue until the next board meeting
the discussion on procedures for commercial excavations.
CHAIRWOMAN MAC'KIE: But we could approve the three --
MR. MULHERE: Correct.
CHAIRWOMAN MAC'KIE: -- today.
COMMISSIONER CARTER: And they would follow the rules that are
proposed --
MR. MULHERE: Yes, they've agreed to.
COMMISSIONER CONSTANTINE: And don't misunderstand me. I'm not
in any way suggesting we shouldn't do the policy. I just -- in
fairness to the guys in the industry, we probably ought to let them be
part of the discussion.
CHAIRWOMAN MAC'KIE: Good communication. Okay.
COMMISSIONER CONSTANTINE: And one other is the -- 10(C) is the
appointments of EAC stuff. Can we do one of two things, either
continue that until we've had a chance to have a full legal discussion
on that, or be prepared today to have a full legal discussion on that,
because in my mind, there's some question there, if it's an advisory
board, whether or not there's the conflict of interest that caused the
mass resignations, and I think we ought to be comfortable that we have
sorted that issue out before we make new appointments so that we
don't end up with the same problem again.
CHAIRWOMAN MAC'KIE: Why don't make that questions that we'll
have for the county attorney, and then we'll decide whether or not
we're going to make appointments today.
COMMISSIONER CONSTANTINE: That's all I have. Thank you.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: No. Mr. Constantine has cleaned my list.
CHAIRWOMAN MAC'KIE: Oh, good. And I don't have additional
changes, but I do want to register an abstention on item 16(A) l.
That's my Pebblebrook Lakes client.
Anybody want to make a motion on the agenda?
COMMISSIONER CONSTANTINE: I'll make a motion we approve the
consent agenda, summary agenda and regular agenda, as amended.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Motion and second. All in favor, say aye.
Opposed?
(No response.)
Passes unanimously.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
AUGUST 3, 1999
ADD: ITEM 5(A)(2) - PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 1999 AS
"CHILDHOOD CANCER & BLOOD DISORDER AWARENESS MONTH". (BCC OFFICE).
ADD: ITEM lO(E) - PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF
MARCO ISLAND AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES
(COMMISSIONER MAC'KIE).
ADD: ITEM lO(F) - REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING
TITLE LOAN TRANSACTIONS (COMMISSIONER MAC'KIE).
MOVE: ITEM 16(B)(4) TO 8(B)(5) -ACCEPT CERTAIN EASEMENTS IN ORDER TO IMPROVE
VARIOUS ROAD INTERSECTIONS. (STAFF'S REQUEST).
CONTINUE: ITEM 17(K) TO THE SEPTEMBER 14TM MEETING: PUD NO. 98-20 REZONING
FOR WHIPPOORWILL LAKES. (PETITIONER'S REQUEST).
MOVE: ITEM 12(C)(1) TO 8(A)(3) - AMEND ORDINANCE 89-83, SUMMERWOOD PUD TO
ADDRESS EXOTICS REMOVAL REQUIREMENTS. (STAFF'S REQUEST).
MOVE: ITEM 16(C)(5) TO 8(C)(1) - AMENDMENT IN THE GRANDSTAND CONSTRUCTION
AGREEMENT WITH THE GULF COAST SKIMMERS, INC. (COMMISSIONER MAC'KIE).
NOTE: ITEMS 11(A)(1), 11(A)(2) AND ll(A)O) - REOUEST THESE ITEMS BE HEARD BEFORE
SETTING THE MILLAGE RATE: SHERIFF'S RECOMMENDATIONS REGARDING THE FY
1999-2000 BUD GE T.
August 3, 1999
Item #4
MINUTES OF THE JUNE 8, 1999 REGULAR, JUNE 16, 1999 SPECIAL, JUNE 16,
1999 SPECIAL LDC, JUNE 17, 1999 BUDGET WORKSHOP, JUNE 18, 1999 BUDGET
WORKSHOP, JUNE 21, 1999 BUDGET WORKSHOP AND JUNE 22, 1999 REGULAR -
APPROVED AS PRESENTED
CHAIRWOMAN MAC'KIE: Minutes to approve.
COMMISSIONER BERRY: I move approval of minutes of June 8th,
1999, June 17th, 1999, June 18th, 1999, June 21st, 1999, and June
22nd, 1999.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
Passes unanimously.
Item #5A1
PROCLAMATION DESIGNATING THE WEEK OF AUGUST i - 7, 1999 AS NATIONAL
CLOWN WEEK - ADOPTED
Commissioner Carter has a proclamation.
COMMISSIONER CARTER: Yes. This morning we have a great
proclamation. And would the people representing the nat -- for
National Clown Week please come forward. We have Ms. Gloria Carter,
who is known as Dixie Belle, Ms. Jackie Nolder, who is known as Melody
Merrymaker, and Ms. Carol Abbott, who is known as Sonshine. MS. ABBOTT: Sonshine.
COMMISSIONER CARTER: Here come the clowns.
CHAIRWOMAN MAC'KIE: Oh, they're coming on up.
COMMISSIONER CONSTANTINE: Bring on the clowns.
COMMISSIONER BERRY: Oh, no. You can have my seat. You can be a
commissioner for the day.
MS. CARTER: My name's Carter, so I'll stay right here.
COMMISSIONER CARTER: Stay right here, right here.
MS. CARTER: We're making history.
COMMISSIONER BERRY: No. You can have my seat. You can be a
commissioner for the day.
MS. NOLDER: Could somebody give me some coffee, please? I need
coffee.
MS. ABBOTT: I can't sit on my tail. It hurts, you know, when
you sit on your tail
MS. NOLDER: How about a doughnut to go with that coffee? That
would be good.
MS. CARTER: Are you ready for the sheriff's budget?
COMMISSIONER CARTER: Could we approve that right now?
MS. NOLDER: Excuse me, Dixie Belle.
MS. ABBOTT: I've got to clean up around here.
MS. NOLDER: Excuse me, Sonshine, Dixie Belle. Don't be clowning
around with the sheriff's budget. That is not funny. That is not
funny. The budget is a very serious thing.
CHAIRWOMAN MAC'KIE: You've got a political opinion now.
COMMISSIONER CARTER: Well, so we can move forward with this
proclamation.
Page 6
August 3, 1999
WHEREAS, through the ages clowns have used their talents of
drama, music, dance, whip, acrobatics, juggling, balloon sculpturing
and makeup to provide laughter and entertainment; and
WHEREAS, being a clown requires physical skills, dramatic ability
and firm understanding of human nature; and
WHEREAS, the familiar comic character known as the clown
encourages laughter in the young, the old, the rich and the poor, and
makes people forget their troubles, afflictions, handicaps and
depressions; and
WHEREAS, clowns give a part of themselves to delight and bring
moments of quiet splendor and hope to those in orphanages, children's
hospitals, homes for the elderly and the retarded.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the weeks of August 1
to 7, 1999, be designated as National Clown Week and urges all
citizens to recognize the many charitable activities performed by
clowns and to enjoy the wholesome entertainment they provide for all
our citizens.
Done and ordered this 3rd day of August, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
I move that we accept this proclamation.
COMMISSIONER BERRY: Second.
COMMISSIONER NORRIS: Second.
MS. ABBOTT: Oh, I third it.
CHAIRWOMAN MAC'KIE: Motion and a second. All in favor, please
say aye.
Opposed?
(No response.)
Passes unanimously.
MS. ABBOTT: Thank you, thank you.
MS. CARTER: Madam chairman -- madam chairman, vice chairman and
the commissioners, we joyfully accept this proclamation. And as the
ambassadors of Collier County, spreading mirth and tomfoolery, we
would like to express our appreciation with this little token of
clown. Thank you very much.
CHAIRWOMAN MAC'KIE: Okay. I think we should wear these for the
duration of the meeting.
COMMISSIONER BERRY: I like you.
MS. ABBOTT: I like you. I like you too.
CHAIRWOMAN MAC'KIE: I like you too.
COMMISSIONER NORRIS: We've got our secret decoder rings.
COMMISSIONER CONSTANTINE: Thank you very much.
COMMISSIONER CARTER: Well, I'll tell you the sheriff's in
trouble now that I've got this ring.
COMMISSIONER BERRY: Yes. We have special powers now.
CHAIRWOMAN MAC'KIE: Okay. We need some gift disclosure forms up
here. Okay. Well, that kind of sets the tone for coming back from
vacation, doesn't it?
COMMISSIONER CARTER: Right, terrific.
Page 7
AUG- 3 1999
PROCLAI A T_ ON
through the oyes, downs hove used thdr talents of drama, music,.
dance, w/t, acrobat/cs, juggling, balloon sculpturing and make-up to
provide laughter and entertdnment; and,
VYH~REA$,
being o clown requires physical skills, dramatic ability and o firm
understanding of human nature; and,
the familiar comic character known as a clown encourages laughter in
: ,e old, the rich and the poor and makes people forget
th= ?oung, ~'7
their troubles, afflictions, handicaps and depress/ow and,
c/owns give a port of themselves to delight and bring moments of
quiet splendor ' orphanages, children's hosp/ta/s,
homes for
NOVY
DONE AND
~ by Commissioners of
1999 be
act/v/t/es
PAMELA 5. MACK'rE,
~AN
August 3, 1999
Item #5A2
PROCLMATION DESIGNATING THE MONTH OF SEPTEMBER, 1999, AS "CHILDHOOD
CANCER & BLOOD DISORDER AWARENESS MONTH" - ADOPTED
CHAIRWOMAN MAC'KIE: Okay. Commissioner Constantine has a
proclamation. Probably won't be quite as much fun, but important,
nonetheless.
COMMISSIONER CONSTANTINE: Well, it can be kind of fun. We have
-- is Nancy here? Who is here? We had this as an add on.
Come on right up here and tell me who you are so we can tell
everybody in TV land.
MR. TRYZNA: My name is Jim Tryzna.
COMMISSIONER CONSTANTINE: Jim Tryzna is with us. And let me
read the following proclamation. If you'd turn around.
WHEREAS, Florida's greatest resource and most cherished treasures
are, in deed, our youth, who truly have so much to offer ... included
in this population are those children with special needs who suffer
from childhood cancer and blood-related disease; and
WHEREAS, while the research and treatment of today has extended
the lives and made a positive impact upon the life experiences of many
of these children, and while the number of long-term survivors is
steadily increasing, it's essential that we work together as a people
and as a state to ensure that this trend continues on the upscale; and
WHEREAS, dedicated organizations like Candlelighters remain
deeply committed to expanding the resources and education available to
families whose children have cancer or blood-related disease; and
WHEREAS, Florida, proud home of some of the finest medical
institutions in the world whose professional staff are presently at
the forefront in cancer research and other advances, is pleased to
join in recognizing and applauding the valuable role which families of
childhood cancer and blood disorder patients play in helping our
medical community to reach great heights in the name of caring.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of September,
1999, be designated as childhood cancer and blood disorder awareness
month.
Done and ordered this 3rd day of August, 1999, the Board of
County Commissioners, Pamela S. Mac'Kie, Chairwoman.
Madam Chair, I'd like to make a motion we approve this
proclamation.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
Passes unanimously.
MR. TRYZNA: Thank you very much, Commissioners.
I just wanted to say a couple words on behalf of the
Candlelighters, which is a great organization. I have personal
knowledge of it since I have two children that were diagnosed with
cancer myself.
And today's actually a very special day for my family, because
it's my daughter Heather's sixth anniversary in remission after a bone
marrow transplant, so I know the benefits that this organization
affords to families such as mine.
And I just wanted to thank the commissioners for their continued
support. We have one of our largest fund-raisers coming up, which is
Page 8
August 3, 1999
going to be held on September 18th at the Bonita Bay Country Club,
which is the fifth annual Candlelighters' golf outing.
So again, you know, we appreciate your support and we look
forward to seeing, you know, many of the people in this room attend
this year's event. Because it's always, you know, a very nicely
attended event.
CHAIRWOMAN MAC'KIE: How would they get in touch with someone if
they wanted to be involved?
MR. TRYZNA: They could contact Claire Snellbaker at the
Candlelighters, which is located at Health Park South. Her phone
number is 432-23 -- or 2223.
CHAIRWOMAN MAC'KIE: Wonderful. Thank you.
MR. TRYZNA: And we have, you know, plenty of brochures that we
could send over.
COMMISSIONER CONSTANTINE: They can actually call me if they
want, because I have a number of those brochures here for
distribution, so.
CHAIRWOMAN MAC'KIE: Wonderful organization. Thank you both for
bringing it.
MR. TRYZNA: Thank you very much.
CHAIRWOMAN MAC'KIE: Thanks.
Page 9
AUG 0 3 Jgg
PROCLAA~A TION
~VHEREA$,
Florida's greatest resource and most cherished treasures ar~e indeed
our youth, who truly have so much to offer .../nc/udedin
population are those children w/th spec/a/needs who suffer from
childhood cancer and blood related disease; and,
~IHEREA$.
while the research and treatment of today has extended the lives
and made a positive impact upon the life experiences of many of
these children, and while the number of long-term survivors is
steadily increasing, it is essential that we work together as a people
and as a 5tare to ensure that this trend continues on the upsca/e;
and,
WHEREAS,
dedicated organizations like Candle//ghters remain deeply committed
to expanding the resources and education available to families whose
children have cancer or blood related disease; and,
I~/HEREA$.
F/or/da, proud home to some of the finest medical institutions in the
world whose profesdona/ staff are presently at the forefront in
cancer research and other advances, is pleased to join in recognizing
and applauding the valuable role which families Of childhood cancer
and blood disorder patients p/ay in he/ping our medical community to
reach great heights in the name o£ coring.
NOH/ THERE?ORE, be it proc/aimed by the Board of Count)<. Commisdoners of
'Collier County,'F/oHda, that the month of September, 1999, be
designated as
CHILDHOOD CANCER '
BLOOD DZ$ORDER AWARENESS MONTH
DONE AND ORDERED THIS 3rd Day of August, 1999.
D E. B OC£CLERK
BOARD OF COUNTY COMMISSIONERS
/
Item #SB
EMPLOYEE SERVICE AWARDS
PRESENTED
August 3, 1999
Commissioner Norris has just a few -- that was sarcasm -- service
awards this morning.
COMMISSIONER NORRIS: Must have been a popular month for entry
into the system. I certainly have a few here.
Our first one is Mark Wolin for five years with the Water
Department. We have, Bruce Gasteneau has five years with EMS. Willie
Pugh has five years with the Water Department. Charles Robixhaud has
five years with Wastewater. Sharon Phillips has five years with
Building Review and Permitting. Elizabeth Froloff has five years with
Revenue Services. John Daly has five years with Information
Technology. Jose Calderin has five years at Parks and Rec. Steven
Fontaine has 10 years Building Review and Permitting. Richard
Woodcock has 10 years in the library. Mary Ellen Donner has 10 years
with Parks and Rec. Ramiro Manalich has 10 years as assistant county
attorney. Fred Reischl has 10 years in Current Planning. And John
Houldsworth has 10 years in planning. And that does it for today.
Item #5C1
JEAN JOURDAN, REAL PROPERTY SPECIALIST II, REAL PROPERTY MANAGEMENT
DEPARTMENT, EMPLOYEE OF THE MONTH FOR JULY, 1999 - RECOGNIZED
CHAIRWOMAN MAC'KIE: I'd like to ask Jean Jourdan to come up.
She is the employee of the month for July, 1999. Jean works in the
Real Property Department as a Property Specialist II. Come on up.
Let's get you on the TV. Sorry I'm not organized enough.
Jean's been with the Real Property Management Department since
November of 1997. As a specialist II, she's responsible to provide
professional real estate services to various county departments and
divisions.
In the past few months, Jean has been commended by various client
departments for her hard work and dedication. In addition, Jean has
received feedback from property owners for which she has negotiated
property rights for use by Collier County.
During the negotiations phase for the Golden Gate Boulevard
project, Jean has been able to secure 24 easements, over one-third of
her assigned parcels, either by donation or monetary consideration.
She represents the county in all her negotiations, while being
empathetic to each property owner's needs and feelings.
Jean is a self-motivated employee. She sets professional goals
for herself. And due to her motivation, she exceeds established
project deadlines.
Jean is a team player in every sense of the word. Due to her
exemplary customer service and her dedication to exceed the call of
duty, Jean has been selected as July's employee of the month.
And Jean, I'm pleased to present to you a letter for your file, a
plaque to indicate our sincere gratitude for your work, and a little
bonus check for you. Thanks. MS. JOURDAN: Thank you.
CHAIRWOMAN MAC'KIE: And as we know, from having seen this state
not do a good job in this kind of work, it's critical that there be
Page 10
August 3, 1999
somebody who really can do the work well, and I'm thrilled that we
have Jean working for us.
Item #5C2
1999 STATE OF FLORIDA EMS PROVIDER OF THE YEAR AWARD - PLAQUE
PRESENTED TO CHIEF DIANE FLAGG
The next item is a presentation that I'm just thrilled to get to
have made publicly, and that is, 1999 State of Florida EMS provider of
the year award for the state.
Diane -- Chief Flagg, are you bringing this forward or -- ah,
there's a video.
CHIEF FLAGG: Good morning, Commissioners. We're going to show a
short video about emergency services.
CHAIRWOMAN MAC'KIE: Wonderful.
Come on, Katie, turn on the video. That's all it took.
COMMISSIONER CONSTANTINE: Cue by the chairman.
(Video was played.)
CHAIRWOMAN MAC'KIE: Couldn't say it better.
MR. VILLANI: Madam Chairwoman, members of the Board of County
Commissioners with Collier County, my name is Dino Villani, and I'm
the chief of the Bureau of the Emergency Medical Services with the
State of Florida Department of Health in Tallahassee. And it's a
great honor for me today to bring this honor to you.
And this is the ninth year that our office has offered this
award. And this award honors the most outstanding EMS organizations
and individuals in the State of Florida. This award honors an EMS
service which assumed a leadership role in EMS by achieving in areas
of quality assurance, patient care, public access, medical control,
disaster preparedness, public education, and in training in the State
of Florida.
Let me share with you today the presentation that was made a
month ago at the State Advisory Committee in Orlando.
Probably the most important things that the committee looked at
were as follows: One, the mission of Collier County's Emergency
Medical Services. It's an outstanding mission, and that is to provide
world class patient care to the community in an efficient and
effective manner. It is a constant reminder of who you serve.
Your department maintains state of the art medical equipment and
vehicles, including a completely updated fleet of medium duty
ambulances.
Refusing to rest on your laurels, in 1998 you launched an
innovative public access AED program by strategically placing AEDs
throughout the community. This involved community members as AED
rescuers and provides local first responders with AEDs.
You even established an ordinance to establish guidelines for
training, utilization and data collection of all AEDs under the
control of Dr. Tober and the EMS department.
This program is unique in many ways because of its ability to
truly let your community help itself. By increasing awareness,
providing training in AEDs, Collier County gives a second chance to
the cardiac arrest victims and to their loved ones.
Not only do you improve the well-being of your citizens, but you
also improve the quality of life of the survivors. Collier County
will serve as a model for other communities to emulate.
Page 11
August 3, 1999
Your EMS has also developed partnerships with the Cities of
Naples, Marco Island and Everglades City. Three member teams allow
single emergency response vehicles to respond to medical emergencies
in their communities.
A comprehensive fitness program is on its way. This is
important. Two paramedics are completing their certifications as
personal fitness trainers, and a grant proposal to our office has been
submitted for equipment and program funding.
As we all know, EMS personnel are exposed daily to situations
where poor fitness or incorrect lifting techniques can cause serious
injury. This program will not only help to prevent injuries, but is
expected to enhance overall health and performance of your EMS crews.
Over the past years, Collier County was an integral playing in
getting the special risk legislation passed. Prior to this, EMTs and
paramedics were not covered by the special risk classification of the
Florida Retirement System. We salute you for that.
Collier County EMS recognizes that public education is an
extension of their service. Numerous public education programs are in
place. Public CPR classes, file for life program, twelve lead EKG
screening at local malls, and an average of 45 public events each
month. This is admirable. And the participation -- and their med.
flight one helicopter, which was so beautifully shown in your video,
has logged over 5,000 accident-free hours over the past 10 years in
its service to the community.
And finally, Collier County EMS stays focused on the community
and supports the March of Dimes, Walk America, American Heart
Association Heart Walk, the Diabetes Foundation, and the United Way
each year.
What a team, what a system, what world class patient care. It is
truly an honor and a pleasure for me to congratulate Collier County
EMS as selected as the 1999 State of Florida EMS provider of the year.
Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
MR. VILLANI: Madam Chairman. One last remark, Madam Chairwoman,
and members of the board. There is a national award which is put out
by the National Association of EMTs, and I encourage you, in light of
this, to apply for that award, and wish you luck in that endeavor.
CHAIRWOMAN MAC'KIE: Thank you.
MR. VILLANI: Thank you.
CHAIRWOMAN MAC'KIE: Diane, do you have something to say?
CHIEF FLAGG: Just briefly, Commissioners. On behalf of the
Collier County Emergency Medical Services Department and the
paramedics who have dedicated their lives to the service of others,
I'd like to thank you for your support, your wisdom, your commitment
to world class emergency services for our community. And I'd also
like to extend a special thanks to the public information department
for their expertise in putting the video together for us.
CHAIRWOMAN MAC'KIE: That's very nice.
CHIEF FLAGG: Thank you.
CHAIRWOMAN MAC'KIE: I have to say too, just before you go,
Diane, first of all, I think that Chief Flagg deserves a tremendous
amount of credit for the department that she has run, and obviously
has created something that's recognized now on a state level and maybe
even will be on a national level, and we know that it rises to that
level of competence and professionalism that no other, certainly in
Page 12
August 3, 1999
the state, does, and now we have that officially designated, and we
thank you for that.
And also to the on-the-line guys. You-all are motivated by
something that I frankly don't understand. You don't do what you do
for the money. But it is such a tremendous need and such a wonderful
service that you provide, I just wanted to take just a second to tell
you how much we sincerely appreciate it and how grateful we are that
there are people who are motivated to do what you do. And thank you,
you've made us really proud.
CHIEF FLAGG: Thank you.
MR. FERNANDEZ: Madam Chairwoman, I'd just like to add my thanks
and congratulations to Chief Flagg and the entire department. I think
once in a while it takes an event like this and the video to remind us
of the value of the good work that our county staff does, and I just
wanted to add my congratulations to yours. Thank you, Diane.
CHAIRWOMAN MAC'KIE: Thank you, and congratulations to all of
you.
Item #TA
JOHN JASSY REGARDING STREET NAME CHANGE FOR CR-951 - STAFF TO REVIEW
OPTIONS AND COME BACK
Okay. Now we move on to public petitions. John Jassy has the
first one. I'll tell you, for public petitions, you have up to 10
minutes to make a case. The board can't make any decisions on the
public petition, but could direct staff if they so choose. So, Mr.
Jassy.
MR. JASSY: Thank you. Thank you, Commissioner.
Ladies and gentlemen of the Commission, I thank you for allowing
me to speak. On sort of a humorous note, since we have the clowns
with us this morning, I'd like to begin, with those of you that have
children, to recall what it was like --
CHAIRWOMAN MAC'KIE: John, I'm sorry. I didn't ask you to
identify yourself for the record.
Thank you, Tim.
MR. JASSY: I'm sorry. My name is John Jassy and I'm a resident
of Naples.
Again, ladies and gentlemen of the Commission, thank you very
much for allowing me to speak.
Going back to the humor of this morning, I'd like all of you that
have children to try and recall what it was like when trying to name
those children and what you went through and all the names you thought
of and what a good name or bad name and some liked it and some
didn't, and in the end, it all seems to have turned out okay.
Approximately 10 years ago I became involved in properties on
County Road 951. From the beginning of that time, I've heard some
barrage of complaints from people about the name. Some people thought
951 sounded too rural. For a while it was well known as Isle of Capri
Road, and some people still think it is, although, officially, it
isn't anymore, and the people of Naples and Golden Gate didn't think
that was appropriate for a road running through Golden Gate and
Naples.
Most of the people I spoke to wanted a name that reflected
something that was consistent with that part of the county, quality
and a positive image that would reflect on that area.
Page 13
August 3, 1999
As most of you probably know from the newspaper, I took it upon
myself to see if I could help move this process along just as a
private individual.
After talking to many of the property owners, one thing that was
unanimous was that almost everyone wanted a name change. Most of them
wanted something that reflected the nature of the area and some
picture from themes. Initially thoughts came up of things from plants
and trees and other things like that. And after going through the
phone book and talking to the county, all those names really had been
taken.
The second theme that came up was an idea of golf with all the
golf courses that are currently being built or have been built on 951.
Currently there's approximately 50 percent more golf courses, country
clubs and holes of golf than any other road in the county.
Ideas came up after, naming it after a golfer, and there didn't
seem to be any consistencies to people knowing who those golfers were
or whether that was a good idea.
The most consistent name that came up was something generic of
Country Club Boulevard. I personally took that name to the Golden
Gate Civic Association. They seemed to like the name. We took it to
a lot of the developers and owners on the street. A lot of them also
thought it was -- you know, they all had their own ideas but seemed to
settle on that was, you know, a certain name that was okay. Just from
the sure number of people that have ownership on 951 just really
ranges, I think, in the hundreds, so it wasn't possible to contact
them all.
I believe that the name of Country Club Boulevard, I would just
like to suggest is a positive possible change for the name of that
street. I think it positively reflects the upscaling image that
Golden Gate is doing. I think it reflects the development of all
economic levels, from the Golden Gate Country Club to Naples National,
and I think it would benefit the county.
And I believe the name Country Club Boulevard doesn't cause a
change of what's going on out there, but just reflects the change and
the upscaling and the quality of development that's going on in that
part of the county.
Thank you very much. May I answer any questions?
CHAIRWOMAN MAC'KIE: Are there questions for the petitioner? No?
Thank you for bringing this forward. MR. JASSY: Thank you very much.
COMMISSIONER CONSTANTINE: Just a quick comment. In 1992 the
board, on which none of us served, changed, as you mentioned, that it
was briefly called Isle of Capri Road. And in early '93 we changed
that back for the simple reason that the -- at the time the post
office wouldn't deliver mail if it said Golden Gate, Florida. You had
to put Naples, Florida. So if you owned a business like the Golden
Gate Gazette on Isle of Capri Road in Naples, Florida, the poor UPS
guy is looking at that trying to figure out where he's supposed to go,
because it's got three different distinct areas in it.
It didn't work very well. And so it still appears on a few maps
here and there as Isle of Capri Road, because for six months or eight
months, it really was Isle of Capri Road, but that was changed back.
I think there was some general agreement then that, perhaps, C.R.
951 wasn't the appropriate name. And I know we have a process to go
through. We've got -- I've been at the Civic Association when John
came and spoke to them and at some other groups, and I know it's -- he
Page 14
August 3, 1999
has received pretty warm support to give it some sort of name and okay
support for Country Club Boulevard. It's not a bad name. I don't
think it's drawn great passion from people either.
One thing, I just mentioned to Commissioner Mac'Kie, I leaned
over and said, when you said, you know, trying to create something
that reflects quality and a positive image and so on, we just lost
Gene Sarezen this past year who was on Marco, and of course, that was
his travel, up and down what's now 951. And that might be a -- if we
choose to do a change, that might be a nice way to hang on to him, but
a -- certainly a quality human being and certainly a good positive
image. So I don't know if it's something the board wants to entertain
changing without going through all of the process.
MR. JASSY: And I think all of our group would certainly support
that also.
CHAIRWOMAN MAC'KIE: Well, I have to be honest with you, I don't
really like Country Club Road. MR. JASSY: Okay.
CHAIRWOMAN MAC'KIE: But I do think that the road needs a name.
A number is not a good idea. And even not being a golfer, I've heard
of Gene Sarezen, so maybe that has some potential.
COMMISSIONER CONSTANTINE: And I think the important thing with
him is -- and that's just an idea, but with Gene Sarezen, it's not
just an athlete, but that was a quality individual who did a lot of
work for the community, did a lot of work, not only in our community,
but around the country for people, and, you know, just a very good
person, let alone a good athlete.
COMMISSIONER BERRY: Well, my idea was Collier Boulevard, because
when you get down into Marco --
CHAIRWOMAN MAC'KIE: That's nice too.
COMMISSIONER BERRY: -- it becomes Collier Boulevard, so if you
started it at the beginning, which is the beginning of 951, then run
it all the way down the road, it's Collier Boulevard. And what better
talks about Collier County? It certainly isn't a derogatory name by
any means.
CHAIRWOMAN MAC'KIE: Now, one name for the roads is sure an
improvement over what we've been doing.
COMMISSIONER NORRIS: Isle of Capri was the one that didn't make
any sense at all, since 951 doesn't go to the Isle of Capri.
COMMISSIONER CONSTANTINE: Right.
CHAIRWOMAN MAC'KIE: But the question, I guess, here is, is the
board going to do something -- do we want to direct staff to look into
this without the 50 percent plus one, which we do have the authority
to do -- am I right, Mr. Weigel?
MR. WEIGEL: That is correct.
CHAIRWOMAN MAC'KIE: So is there interest on the board's --
COMMISSIONER CONSTANTINE: I wouldn't have any objection to
having them look around, if any of us, or anybody else for that
matter, has suggestions for what's a name. It doesn't mean we have to
do it, but at least we can explore that and see what some of the
options are. I think Barb's got a great idea. CHAIRWOMAN MAC'KIE: Yep. Mr. Weigel.
MR. WEIGEL: And one further statement for the record here is
that the Supervisor of Elections, Mrs. Morgan, has indicated that,
should there be a name change, she would like to have notice, some
kind of appropriate notice sent out to the people that would be so
affected to assist in a transition, both for her offices and the
Page 15
August 3, 1999
county government generally, because she receives a lot of calls in
that regard.
CHAIRWOMAN MAC'KIE: Okay. So we'll give direction to staff. I
guess that would be, Mr. -- I'm sorry. Who are you? It's been a
while?
MR. MULHERE: Bob Mulhere.
MR. FERNANDEZ: Madam Chairwoman, if you could just direct it to
me, I can figure it out.
CHAIRWOMAN MAC'KIE: There you go. Thank you. I don't have to
do that. If you'll give direction to staff, Mr. Fernandez, thank you.
And we'll --
MR. FERNANDEZ: Okay. Thank you.
CHAIRWOMAN MAC'KIE: -- go forward from there.
COMMISSIONER BERRY: They might want to also, Madam Chairman,
check with some of the businesses out along there and see what kind of
an impact this will have in terms of --
COMMISSIONER CONSTANTINE: Right.
CHAIRWOMAN MAC'KIE: Stationery.
COMMISSIONER BERRY: I don't know all of the implication in
changing this, but I would think that would be appropriate, Mr.
Fernandez, to check with those businesses. CHAIRWOMAN MAC'KIE: Great.
MR. JASSY: And we'd be pleased to support either of those names.
The goal, again, is really just to have a quality name on the street,
and whether it's Gene Sarezen Boulevard or Collier Boulevard, I think
either of those would be a real improvement over what we've got, and
we'd be pleased to support it. And thank you for your time and your
help.
CHAIRWOMAN MAC'KIE: Thank you, Mr. Jassy.
Item #7B
ROBERT C. GEBHARDT REPRESENTING PATRICK AND HELEN PHILBIN, ET AL
REGARDING THE PRIVATIZATION OF ROADS IN THE FOXFIRE SUBDIVISION - NO
ACTION
Now we have Mr. Philbin who has a public petition regarding
Foxfire. Same rules apply, 10 minutes. The board can't take any
action but could direct staff to undertake something if they so
choose. Welcome.
MR. PHILBIN: Madam Chairperson and members of the commission,
for the record, my name is Patrick G. Philbin. My wife Helen and I
are two of the petitioners herein.
On June 1st, 19 -- June 1st of this year, we filed a petition
with this board requesting a reinstatement of resolution 99-235 to
this calendar so that the community at large could bring facts to your
attention that were not brought out at the hearing on May llth, 1999.
This request was not granted.
On June 8th I came before you and discussed our contention that
facts which were presented to you and upon which you heavily relied
were not true.
Specifically, I discussed the community letters of support which
were later proven to be just the opposite. Since that time, we have
found the closing of Kings Way was in violation of the transportation
element of the growth management plan. The transportation element
states that the county is to develop and operate a safe, efficient and
Page 16
August 3, 1999
cost-effective transportation system, both for motorized and
non-motorized movement of people and goods through the county, and to
encourage neighborhood involvement and pleasant conditions for
residents, pedestrians, bicyclists, and motorists of neighborhood
streets, and to encourage the interconnection of neighborhoods.
Did the closing of Kings Way accomplish any of these goals?
Absolutely not Callously and with little thought of the people of
Collier County, you did exactly do the opposite.
We come before you now with a question for which we can find no
logical answer. What had changed so dramatically from one year to the
next and made it so imperative for you to close Kings Way in defiance
of all logic?
Traffic projections were the same on both petitions. Nothing was
new here. The number of Foxfire residents affected was the same.
What was so different that you could entertain the identical
application year after year?
So, looking for answers to this mystery, we went to the minutes
of both meetings. Four of the five commissioners presently sitting
here today heard all of the testimony in 1998 from both the petitioner
and the county staff.
It was a perfect example of government action, reports, diagrams,
statements, salient questions by the commissioners, and
representations made by both the commission and the petitioner as to
why they believed in their positions.
Foxfire agreed to permit pedestrians and cyclists to use the
road. The only ban was on motorized vehicles.
The record of that hearing is also replete with sound arguments
made by members of this commission to allow this essential road to
remain open. Good job.
And everyone including the public knew what was happening. Based
on the evidence, the commissioner did the right thing and voted the
application down.
A year passes and Foxfire is back with the identical same
application. Well, almost the same application. There were some
changes that were not brought out at the hearing, but each one on its
own merits should have alerted you and proved to you that Kings Way
should not have been closed.
First, as a result of the calming methods employed by the county
and Foxfire, speeding was no longer a problem. Second, vehicular
traffic was reduced by up to 2,000 cars per day. Both facts are from
your own staff's report. Third, Foxfire made no provisions for
pedestrian and bicycle traffic.
The promise made the year before was out, so was the public.
Everyone was banned from Kings Way. Neighborhoods were disrupted and
smooth and continuous north/south flow of the bicycle pathway system
in Collier County was disrupted.
Does the commission plan to shift all the bicycle traffic to
Airport-Pulling Road along with the cars? Did you think of the safety
of the cyclists? Does the commission plan to install bicycle lanes on
Airport-Pulling Road, or is the cyclist on his own? You better decide
soon. The Foxfire gates are going up, or should we say, the Foxfire
gates are going down?
At the second hearing in May of 1999, no presentation was made by
the petitioner, no reports given, no records, no diagrams, no traffic
patterns presented, no salient questions from the commissioners,
nothing, nothing at all to tell the public what was happening.
Page 17
August 3, 1999
Mr. Ken Kyle, the attorney for Foxfire, was to make the
presentation for Foxfire and noted that this presentation would take
15 seconds, and it did. Just five lines of testimony.
The minutes read more like a meeting of a mutual admiration
society than a hearing on a petition. The commissioners congratulated
the petitioners on doing a great professional job, and the petitioners
congratulated each and every commissioner for being available for
phone calls and private meetings whenever they were asked. Did I say
private meetings? For what purpose? Private lobbying, perhaps?
Which brings up another question. If public participation is to
be the keynote for the future of Collier County, as Commissioner
Mac'Kie stated last week at a growth management meeting -- and I sat
right back there -- was the public informed and invited to these
meetings? I'm sure they were not.
Private meetings and private lobbying violate the due process
clause of the United States Constitution and the Florida
Constitutions, and goes against the sunshine laws of this state and
all-around fair play.
COMMISSIONER CONSTANTINE: You know, I've let it go up till this
point, but I can't let that one go. If someone calls me --
MR. PHILBIN: Are you on --
COMMISSIONER CONSTANTINE: -- Mr. Philbin --
MR. PHILBIN: Am I on my time?
COMMISSIONER CONSTANTINE: You'll get your extra time.
MR. PHILBIN: Fine. Thank you, sir.
COMMISSIONER CONSTANTINE: If somebody calls me, anybody in this
room calls me, anybody in Collier County calls me and wants to talk
about an issue, they're welcome to come in and sit down and talk with
me. That doesn't mean that I'm then required to invite all of Collier
County to come and sit down because some Golden Gate resident or
anyone else wants to come sit with me. So I'm not sure what this
private meetings point is. Anybody who wants to meet with their
commissioner can call their commissioner and come in and sit down with
their commissioner, and there's not a darn thing wrong with that.
CHAIRWOMAN MAC'KIE: And let's resist -- I mean, I would ask, I'm
personally resisting rebutting some other points that are troubling in
your remarks and would like to go back on the clock and --
MR. PHILBIN: Check -- check the minutes, check the minutes. I
checked them fully.
Court rulings in Florida have been very strong in protecting the
rights of each and every citizen to witness and give input to
governmental operations and decisions. Commissioners, you're not
allowed to leave the public out, and you did in this case.
In the minutes, Commissioner Carter, prior to voting, stated that
all his questions had been answered. What questions? The minutes
showed you never asked any. What questions did he have and when and
where were they asked and answered?
COMMISSIONER CARTER: Excuse me, sir. All my questions were
answered by the people who came to me, so let's get the record
straight.
MR. PHILBIN: That's my -- that's my thought.
COMMISSIONER CARTER: I always wondered --
MR. PHILBIN: That is exactly my thought.
COMMISSIONER CARTER: -- what frustrated federal prosecutors did.
Now I know.
Page 18
August 3, 1999
MR. PHILBIN: That's exactly my thought. Would you allow me to
finish?
CHAIRWOMAN MAC'KIE: Okay, please.
COMMISSIONER CARTER: Of course. You can have all the time that
you're allowed.
MR. PHILBIN: Thank you. Thank you, Commissioner.
COMMISSIONER NORRIS: You're finished, but you can continue.
MR. PHILBIN: Thank you, Commissioner.
Commissioner Mac'Kie, who insisted that there must be community
support for the closing of Foxfire before it would even have been
brought before the commission, and you said that, backed down when we
proved that support was not there.
You spoke to me at June 1st in front of the Naples Council with
Channel 10, and you said, if I didn't have the support of all the
surrounding communities, it never would have been brought before the
commission. You know there's no support. CHAIRWOMAN MAC'KIE: I don't.
MR. PHILBIN: What happened to her standards? Is her idea of
community support and participation nothing but rhetoric?
Commissioner Constantine appeared with the Foxfire -- petitioners
of Foxfire at a community meeting in Briarwood on April 7th, five
weeks before the hearing, and supported them in their request to close
Kings Way. Is it proper for a commissioner to lobby on behalf of a
matter which will be called before on an unbiased vote? Should he not
have recused himself or not participated in the matter?
At that very least, you should not have voted. You're either a
commissioner or a petitioner, but you're not both.
It is also difficult to understand Commissioner Berry, who voted
against closure in 1998 and for closure in 1999. She too asked no
questions and had no comments. It was apparent her mind, too, had
already been made up beforehand.
Commissioner Norris changed his vote from the year before, and in
so doing, disenfranchised thousands of his constituents, in which I am
one.
No, ladies, Kings Way was certainly not your shining hour.
In conclusion, our petition today asks you to look at the record
with total objectivity and do whatever it takes to reverse this
decision. All your basic arguments to keep Kings Way open are still
valid. In fact, they are more valid today than at any time.
The community support is not there, your own staff recommends
against it, traffic and speeding is now reduced, non-motorized traffic
is prohibited, and the growth management plan has now been
compromised.
We know you'll do nothing. You are rigid in your error. Not a
desirable quality in a governmental body.
That leaves us with no other course of action than to take the
matter to the people. There is presently an application on Mr. Robert
Fernandez's desk calling for a binding referendum to be placed on the
ballot in the year 2000. This referendum will call for the repeal of
the resolution that closed Kings Way.
When approved, we will begin the task of collecting the necessary
number of signatures. It will be a formidable task. But public
support for our position has been so strong, we are confident we will
succeed.
Page 19
August 3, 1999
We are raising funds and assigning volunteers, however, we are
sure that despite your best efforts to the contrary, Kings Way will be
reopened for public use.
In the final analysis, the people are the ultimate governing body
with the right to make a change, and make a change we will.
CHAIRWOMAN MAC'KIE: Thank you. Thank you.
If you wouldn't mind coming to order, the next item on our agenda
-- thank you. We have business.
COMMISSIONER NORRIS: It's too bad these people can't put their
efforts into helping us get the FP&L easement done, so we could
actually do something positive, rather than just waste their money on
attorneys with this.
UNIDENTIFIED SPEAKER: What is positive with this?
CHAIRWOMAN MAC'KIE: No. Excuse me. No -- excuse me. No, sir.
No, sir. Excuse me. You cannot yell at us from the back of the
room. Sir, excuse me.
COMMISSIONER BERRY: Get Jim.
CHAIRWOMAN MAC'KIE: I will have to, and I would like very much
-- one more and I'm going to have to ask you to leave the room.
UNIDENTIFIED SPEAKER.
CHAIRWOMAN MAC'KIE:
to put your --
UNIDENTIFIED SPEAKER:
CHAIRWOMAN MAC'KIE:
have to.
That's fine. That's fine.
Thank you. We welcome you. You're welcome
You guys are doing crazy stuff up there.
Good heavens. Jim, I guess you're going to
COMMISSIONER CONSTANTINE: Brown shirt.
THE BAILIFF: Which one is it, Madam?
CHAIRWOMAN MAC'KIE: Well, hopefully they're leaving. And it's a
shame, because there is some valid communication that needs to go on
in this regard.
COMMISSIONER CARTER: I think Mr. Weigel has some comments that
these people leaving should hear before they --
COMMISSIONER BERRY: Need to hear. Absolutely.
COMMISSIONER CONSTANTINE: If they're interested. Let me make a
couple of comments real quick, and then I know Mr. Weigel has some
legal things. And those people who are interested probably ought to
hear these things.
But Mr. Philbin is obviously very passionate about this, and
that's fine. He's also inaccurate on some of this information --
CHAIRWOMAN MAC'KIE: Absolutely.
COMMISSIONER CONSTANTINE: -- and that's important to know. When
he talks about violating the transportation element and then he goes
on to talk about, we're supposed to create safe conditions, we're
supposed to create pleasant conditions for residents -- those are all
exact words that appear in there -- protect neighborhood streets, all
of those things are done. And when he said, what is different about
this than a year ago, the construction of Livingston is the big
difference.
CHAIRWOMAN MAC'KIE: Livingston Road, absolutely.
COMMISSIONER CONSTANTINE: And when it looks at spilling 17,000
cars a day onto a neighborhood street that he quoted himself -- thank
you.
MR. PHILBIN: May I speak? Is this rebuttal?
CHAIRWOMAN MAC'KIE: Sir --
COMMISSIONER NORRIS: No, sir
Page 20
August 3, 1999
COMMISSIONER CONSTANTINE:
comment.
here.
No, sir. This is my opportunity to
CHAIRWOMAN MAC'KIE: This is -- it's not a court.
MR. PHILBIN: I'll have a surrebuttal if I may.
CHAIRWOMAN MAC'KIE: You may not.
COMMISSIONER CONSTANTINE: Well, you don't. There's a process
COMMISSIONER BERRY: But you might want to listen, Mr. Philbin,
to some legalese that we're going to be presenting here today so you
can understand what our position is.
COMMISSIONER CONSTANTINE: I understand you're passionate about
it. It's kind of important that you know the factual information too.
And you've presented what you believe it to be.
It's important in this process that you actually listen too.
It's ironic that we're being accused not of listening, yet you don't
have any interest in what we have to say.
And so when we talk about those 17,000 cars a day spilling onto a
neighborhood street, then we are doing exactly what the transportation
element says, and that is protecting those neighborhoods and creating
safe conditions. Those are the very conditions that assist us in our
process.
My decision certainly wasn't based because some neighboring
property -- it's an influence, but it's not based on a neighboring
property's agreement or not as to whether -- the transportation
element was a key part of what we were saying.
What's interesting, as you pointed out, very limited discussion,
no detail, questions and so on, there were also -- MR. PHILBIN: Excuse me.
COMMISSIONER CONSTANTINE: Mr. Philbin --
MR. PHILBIN: Do I have a rebuttal?
COMMISSIONER CONSTANTINE: - you had your 10 minutes.
MR. PHILBIN: Do I have a rebuttal?
CHAIRWOMAN MAC'KIE: No, sir. You --
COMMISSIONER NORRIS: You've asked that several times. No, you
don't.
CHAIRWOMAN MAC'KIE: Excuse me. I'll answer that question.
Respectfully, sir, you had 10 minutes, and that's the way the
process works.
MR. PHILBIN: Fine.
CHAIRWOMAN MAC'KIE: And now the board would like to have
something to say. And they have that opportunity as well.
COMMISSIONER CONSTANTINE: It's interesting that while there were
limited questions and limited comments, there were no objections. And
it was a public hearing. It was advertised.
COMMISSIONER NORRIS: He wasn't here.
COMMISSIONER CONSTANTINE: That's right. Mr. Philbin wasn't
here. No one was here objecting.
UNIDENTIFIED SPEAKER: Don't say that. I was here.
COMMISSIONER CONSTANTINE: You're right. You're absolutely
right. The gentleman from Briarwood was here.
UNIDENTIFIED SPEAKER: I was here. You were having a private
conversation while I was talking and addressing the board.
COMMISSIONER CONSTANTINE: Mr. Chairman, Madam Chairman?
CHAIRWOMAN MAC'KIE: Excuse me.
UNIDENTIFIED SPEAKER: You didn't hear one word I said, along
with my petition. You forgot that, didn't you?
Page 21
August 3, 1999
CHAIRWOMAN MAC'KIE: Sir, please respect the body, if not the
individuals. Sir, please. God, I don't want to ask to have somebody
removed. I really do not want to do that. Please be quiet.
UNIDENTIFIED SPEAKER: I don't want to be called an invisible
person.
CHAIRWOMAN MAC'KIE: No, sir. And he was trying, while you were
talking now, to correct that statement, that absolutely you were here
and you did speak and there was that one objection.
COMMISSIONER CONSTANTINE: I did correct that.
CHAIRWOMAN MAC'KIE: Yes, you did.
COMMISSIONER CONSTANTINE: The other thing, and this was directed
at me, and that I should have recused myself, and Mr. Philbin
apparently doesn't understand Florida law and the requirement for us
to vote and also the allowance for us to express our opinion on these
things whether it's before, after or during a public hearing. All of
those things are allowed.
MR. PHILBIN: I've heard enough.
COMMISSIONER CONSTANTINE: And so if -- Mr. Weigel might want to,
before he goes into the referendum issue, for my benefit, if you would
explain Florida law and how we are required to vote on these things.
I didn't even have an option of recusing myself from that vote.
MR. WEIGEL: Well, you're absolutely correct, Commissioner, and
that is that under Florida law, specific statutes, there is a
requirement for the commissioners to be present and voting on all
matters that come before them unless there is an outright conflict and
perception of conflict. And the perception statute is a separate
statute, and it puts it within the province of the voter to make that
determination, and there's nothing --
COMMISSIONER CONSTANTINE: Will you explain conflict according to
state law?
MR. WEIGEL: Okay. Well, the conflict according to state law
would be if you had a -- if one had a remunerative interest, something
that would come to your personal benefit or detriment by making the
vote or participating in a vote either yea or nay.
COMMISSIONER CONSTANTINE: Thank you.
MR. WEIGEL: Okay.
CHAIRWOMAN MAC'KIE: And likewise, I guess, it would have been
worthwhile -- and let's go ahead and make a record, because this
meeting is shown on replay, and hopefully the people who are too
passionate about it to stay in the room will hear this via the replay,
and that is, they're about to undertake a tremendous task of acquiring
signatures for what they believe will be a binding referendum. I've
been advised that that's not, in fact, possible legally. Could you
give that advice at this point, Mr. Weigel?
MR. WEIGEL: I'd be happy to. Thank you. I'd like to note that
-- I preface my remarks with a few factual statements here, and there
will be some legal opinion at the appropriate point, and that's to
note that historically the agenda item concerning the vacation of
Kings Way in Foxfire was duly advertised and heard at a public hearing
of the board and decided, I believe it was May 8th, '99. It was a
significant period ago.
There has been on the books as county ordinance, that's local law
for the county, the reconsideration ordinance, it's been in effect
many, many years, and the reconsideration ordinance exists for one
primary purpose, and that is, to allow the opportunity for people to
come to board members who voted in the majority and convince them, if
Page 22
August 3, 1999
they wish, it can be to convinced, to return an item for further
consideration.
It's really unclear that this avenue is pursued until very late
in the time period of the 30 days that exists for reconsideration.
Mr. and Mrs. Philbin themselves, in fact, met with the County
Administrator's Office and met with me personally, and I instructed
them on how to utilize that process. Whether that process was fully
utilized by them is not entirely to my knowledge. But I will say that
I was approached with less than one week left in the ordinance period,
which, in effect, is a statute of limitations for reconsideration.
Why does the Board of County Commissioners, through many years,
have a reconsideration ordinance? Well, of course, it is to give the
opportunity to rehear and review something if it chooses to do so, but
also it's to provide a mechanism for finality.
And I just mention that in passing, because the idea is, is that,
if anything is considered temperate or subject to change, it also is
considered not subject to change by the Board of County Commissioners
under the normal application of the reconsideration ordinance, which
was not utilized here.
Secondly, Mr. and Mrs. Philbin and others, through attorney Mr.
Gebhardt, did file a petition, a petition purportedly challenging the
decision of the county, the same decision to vacate the public road
rights of way at Kings Way and Foxfire.
Under Florida Statute 163.3215, there was a challenge based upon
them claiming that the county had violated its growth management plan
in making the decision that it did.
I will note that the county legal staff disagreed with the
allegation, and furthermore, that the petition was filed untimely
under the rules of that particular statute, which provides for a
30-day period following the action complained of, in this case by the
Board of County Commissioners, and subsequent to that 30-day period
would come a window upon which the petitioners could file a petition
into the courts.
But there is a condition precedent before you go to the courts
under an allegation of violation of section 163.3215, and that is that
you have to give, in a timely manner, the Board of County
Commissioners an opportunity to respond.
The county legal staff has responded to the petition and stated
the fatal flaws in its response, and that's of record right now, and I
wanted to clear that up because appearing in the agenda item itself
was a request by Attorney Mr. Gebhardt to extend the response period,
based upon what they had previously filed. And I wanted you, as well
as the public, anyone, to know that the response has been done on
behalf of legal staff, on behalf of its client, the board, and it
failed for legal sufficiency at the outset, let alone the allegation
that was contended.
I'd like to further mention that the county does have a policy in
place, and it was adopted specifically in 1996. It's per resolution
number 96-134, and it's entitled, a resolution of the Board of County
Commissioners adopting a Collier County citizen petition process
policy. It is a policy for citizen petitions that has been in place
now for about three years, and it is that vehicle under which Mr. and
Mrs. Philbin, and others, I believe, have filed a petition with the
county administrator for his review.
Now, this rather comprehensive policy that was adopted in 1996
provides significant information for those citizens that wish to go
Page 23
August 3, 1999
forward and utilize the petition process to the Board of County
Commissioners. I certainly won't recite it in toto, but I will
mention that it includes such things as creating road improvement
districts, municipal service taxing units, benefit units, lighting
districts, and petitions seeking to place a binding referendum on the
ballot, as well as straw ballot items, but it must be remembered that
this -- the county government is a statutory government. This county
is not a charter county. It's not like municipalities, charter
cities, cities with a charter, and some of which may provide for --
specifically provide for citizen initiative, binding referendum.
No, under general law, Florida Statutes, there is no requirement
that a county have a binding referendum. And this policy follows
general law. And what it provides within the policy is that -- and I
quote from page two of eight of the policy. Any proposed citizen
petition, the purpose of which is to convince the Collier County
Commissioners to create a district or do such other things, shall go
forward and include certain requirements in the petition that is
submitted for review, first by the county administrator and secondly
by the county attorney.
Paragraph two on the same page, page two, mentions that any
proposed citizen petition shall be limited to a single subject, and it
continues, stating, this requirement exists in the event the board
subsequently decides to place the matter on the ballot.
I want to make it perfectly clear that this citizen petition
policy process is a vehicle to get matters before the board, but it's
not a vehicle that forces the board to do anything in regard to
referenda election and ballot questions.
Now, further, it provides, after a preliminary review by the
county administrator as to sufficiency of format, it provides for the
county attorney to review in terms of legal sufficiency. I think it's
a courtesy to the public and the interested citizens that are involved
with this petition to state right now that the county attorney office,
working in concert with the county administrator, has reviewed the
petition that has been filed for legal sufficiency, but not waiting
for 10 percent of the signatures to come in, even if Mr. Fernandez
were to determine that the legal format was appropriate.
And what I want to note for the record and for the public is
that, the question that has been tendered as the question for review
by the county -- county offices is -- the ballot title is, referendum
repealing resolution 99-235, which denies public access to Kings Way
and other Foxfire streets.
The question itself -- and again, if you'll bear with me, I'll
continue -- states -- and this is the ballot question. Shall Collier
County Board Resolution 99-235 be repealed so that the public will
once again have motorized, non-motorized and pedestrians access,
parens, ingress/egress, parens, to Kings Way, Estey Avenue, and the
rest of the streets that it mentions within the Foxfire subdivision,
units one, two and three.
Frankly, it's my opinion that the question itself, pursuant to
the elements of review that the county attorney has and must utilize
under the policy, fails for legal sufficiency. And I'd like to
explain a little bit why. I don't have to explain why, but I think
it's good to explain why, and that is, it should be noted that the
vacation that occurred of the Kings Way roadway occurred pursuant to,
again, general law. There's a county policy on it that implements the
Page 24
August 3, 1999
general law, but it's section -- or chapter 177 of the Florida
Statutes.
The property rights as well as obligations have been transferred
pursuant to that law, 177 -- and chapter 336 specifically of the
Florida Statutes.
The mere repeal of the resolution, which appears to be the intent
of the resolution, or the ballot -- of the ballot question, would not
alter or reverse the vacation of the county's and public's interest in
the Kings Way roadway.
In fact, to do so would potentially slander the title. And I
would -- and I do opine that it would be an illegal act and I would
find it inappropriate, and I would not sign for legal sufficiency a
resolution repealing or rescinding the prior resolution that's
adopted.
That's the sum of my comments. I'm ready for any further
questions, if there are any.
CHAIRWOMAN MAC'KIE: Are there any questions for the attorney?
COMMISSIONER NORRIS: No.
CHAIRWOMAN MAC'KIE: David, I appreciate that -- your
thoroughness and review, because it is as a public service, despite
the fact that the members of the public we're giving this advice to
are unhappy with us.
My only comment would be that it's not the first time nor will it
be the last that we have been asked to make a decision that, it turns
out, is unpopular, when it is something that we feel is clearly in the
public interest, and that being because of the additional cars that
could be dumped onto that road, and it's just not built for it after
the extension of Livingston.
I will tell you, too, the only other comment, among many that I
would like to rebut, but the only other one that I will rebut, Mr.
Philbin is correct that I stated, and it is true, that those letters
of support were very important to me in making my decision.
It has not been proved to me that those letters were false. I
knew they were form letters. I'm not stupid. I can see that they had
the same words in them, but there was nothing wrong with them being
form letters if they, in fact, represented the opinions of those
communities. And I appreciated that that work had been done.
Nevertheless, all that did was pave the way and make it smoother
and easier and made me expect that this outcry would not follow. The
reality is is that the safety issue is what requires the closing of
that road.
We cannot have that level of traffic added to a neighborhood
street. It's not designed for it. It's not appropriate. We have to
provide other solutions to our traffic problems.
Does anybody else have something they just are dying to say?
COMMISSIONER BERRY: No. I think you brought up an interesting
point though when you said, looking for other ways to solve the
problem, and that's exactly what this board is trying do when, I
believe, last meeting, Mr. Norris, you brought up the idea of having
staff pursue the possibility of another roadway, and --
COMMISSIONER NORRIS: And what I said and what I'd like to say
again is, if these people would direct their energies towards helping
us accomplish that --
COMMISSIONER BERRY: Right.
COMMISSIONER NORRIS: -- then we could do something productive
instead of just fighting with these -- these individuals.
Page 25
August 3, 1999
COMMISSIONER BERRY: And then we both have an impact of traffic
on a particular neighborhood.
COMMISSIONER NORRIS: Exactly.
CHAIRWOMAN MAC'KIE: Mr. Fernandez, you and I have briefly
discussed, you can just tell -- send us a short report, about the
status of those discussions with FP&L.
MR. FERNANDEZ: We have had discussions with Florida Power and
Light regarding the easement and the utilization of the easement to
connect Radio Road and Davis Boulevard. The staff that have met with
us from Florida Power and Light have heard our arguments, have heard
our presentations. They have not been -- pardon me. They have not
been particularly encouraging, but they did say that they would -- or
attempt to secure approval from their superiors. That's the last
status report I have heard on that. I don't know if we have heard any
further from the superiors.
CHAIRWOMAN MAC'KIE: And the point being there, that perhaps a
public outcry directed in that regard could be useful. And I've been
hopeful that tempers would settle and we might be able to work toward
a common goal, and maybe that can still happen. Commissioner.
COMMISSIONER CONSTANTINE: It's certainly not the first time that
the board has done something that everybody didn't love. And from
time to time, we've taken criticism over the years. But by and large,
you have five pretty reasonable people here who are trying very hard
to do what they think is the right thing. And just as a rule, coming
in and hollering at us and telling us how bad we are isn't a great way
to try to solve a problem.
I do think the FP&L thing holds an opportunity. There are a
couple others. I just wanted to add to that. I spent some time,
actually went out to the site with Carlton Kates, president of FP&L.
And so it appears we're working from both ends within there from the
management up and the top down. And you know, I think we'll get a
fair shake on that, and if that doesn't work, we'll play with some
other alternatives. But you've got five people who are trying to do
the right thing here, and, you know, we'll continue to work on it.
CHAIRWOMAN MAC'KIE: If there's nothing further -- excuse me.
Those are supposed to be turned to silent when you're in this room.
Please, ma'am, in the future.
COMMISSIONER CONSTANTINE: Can we bring back the clowns? That
was --
CHAIRWOMAN MAC'KIE: That was good. Yeah, and the EMS. We were
all happy. Let's take a break now and come back at 10:40 and we'll go
directly to the budget items that we have given a time certain.
(A recess was taken.)
Item #8E1
PROPOSED FY 2000 MILLAGE RATES AND TO AMEND THE FY 2000 GENERAL FUND
RESERVE POLICY - DISCUSSED LATER IN THE MEETING
CHAIRWOMAN MAC'KIE: I'd like to call the meeting back to order.
I'd ask you please to go back to your seats so we can call the
meeting back to order. Thank you.
Calling the meeting to order. And we're going to go, as we
promised, to a time certain item in deference to Judge Blackwell's
schedule. I'm sure he'll be here any minute.
Page 26
August 3, 1999
And Mr. Fernandez, who's going to start us out on these ll(A) I, 2
and 3, and the other item that --
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: -- with it is what?
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: I would suggest that we begin the discussion with
the presentation that Mr. Smykowski has prepared on the budget.
CHAIRWOMAN MAC'KIE: That's exactly --
MR. FERNANDEZ: And that will kind of set the tone for the
discussion. And then you can call upon the sheriff to present his
portions under 11 before the board takes action on the budget.
CHAIRWOMAN MAC'KIE: And if you would -- if you'd watch for Judge
Blackwell, he may have just called a short time-out.
MR. FERNANDEZ: And Judge Blackwell --
CHAIRWOMAN MAC'KIE: Yes. So Mr. Smykowski. Where are you?
There he is. But if it's a brief power-point presentation -- just
kidding. He does those a lot.
MR. SMYKOWSKI: Good morning. For the record, Michael Smykowski
CHAIRWOMAN MAC'KIE: Good morning.
MR. SMYKOWSKI: -- budget director. Item 8(D) l is the adoption
of the proposed fiscal year 2000 millage rates and a proposed
amendment to the fiscal year 2000 general fund reserve policy.
The tax rates that the board would adopt today have to be
provided to the property appraiser by tomorrow, August 4th. He uses
those in preparing the notice of proposed taxes, which must be mailed
by August 24th under the trim law to each property owner within the
county.
In the September public hearings, the board could maintain or
lower the millage rates in each taxing unit at the level of the
proposed millage rates. They can't be raised subsequent to this
adoption without meeting additional public notice and advertising
requirements.
COMMISSIONER CONSTANTINE: Take the stairs today, did you?
MR. SMYKOWSKI: I did, at warp speed. The old engine ain't what
she used to be.
COMMISSIONER CARTER: And he's so young to say that.
MR. SMYKOWSKI: The proposed general fund millage rate is a
proposed tax decrease of $4.52 per $100,000 of taxable value when
compared to the FY '99 adopted level.
Within the unincorporated area, the proposed millage is $6.84 per
100,000 less than the adopted FY '99 rate. And in aggregate, which
factors in all the special taxing districts that the board
administers, there's a decrease of $7.48 per 100,000 of taxable value.
The public hearings on the budget are already scheduled for September
7th and September 22nd.
During the June workshops, the board also discussed a proposed
change to the general fund reserve policy. The current reserve budget
are based on five percent contingency reserve with a cash flow reserve
of $1.5 million.
Staff did an analysis of the use of general fund reserves over
the last five years. And as a function of the expenditure base, which
is primarily the constitutional officer budgets as well as the county
administrator's budget in the general fund, on average we have used
just shy of one and a half percent of that total; therefore, staff was
Page 27
August 3, 1999
recommending reducing the general fund contingency to one and a half
percent and increase -- correspondingly increasing the cash flow
reserve by a like amount, by that three and a half percent margin.
Page three of the executive summary identifies the impact of the
proposed reserve policy revision, and it's just slightly above $3.8
million that would be shifted from the reserve for contingency to the
cash flow reserve.
CHAIRWOMAN MAC'KIE: Thank you.
MR. SMYKOWSKI: You're welcome.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: If I could just add one word about that reserve
policy issue. Keep in mind this is the board's policy. You have the
discretion to set that policy wherever you'd like. I have remarked in
the past that I think it's a great advantage that this county had a
tradition of establishing that policy at the beginning of the budget
process, and it's been a great help to me in formulating the budget
recommendations that come to you, but it's your policy. It's not
driven by state law. The only requirement is that your reserve for
contingency cannot exceed 10 percent in any given fund. But within
that, the board can establish its own policy with respect to these
matters.
Item #11A3
RECOMMENDATION THAT THE BOARD RESTORE THE REDUCTIONS MADE IN THE
COLLIER COUNTY SHERIFF'S OFFICE BUDGET REQUEST FOR FY 1999-1000 -
DENIED
CHAIRWOMAN MAC'KIE: And if I could at this point, I see Judge
Blackwell is here, so I'm going to pause the discussion about the
reserve issue. And in deference to his schedule, ask Judge Blackwell
if you have comments to make to us about the sheriff's budget issues
generally, if you'd come forward, we'd appreciate it.
Have you got a jury sitting over there waiting for you to come
back?
JUDGE BLACKWELL: No, it's not that easy.
Good morning, everyone, and thank you very much for this
dispensation to come over and speak to you briefly.
I don't know that I have a lot to add to what you've already
received in the way of information. As you know, we're building out
the courthouse, or you are. You've appropriated the funds to do that.
We're going to have several new courtrooms on the fourth floor. And
part of that arrangement was to house the entire Public Defender's
Office also on the fourth floor.
Now, the impact of that in terms of what the sheriff is doing and
asking you for, so far as I'm able to determine, is simply this, the
presence of the public defender on the fourth floor will create a
gross increase in the traffic in humans that will access the fourth
floor. We'll not only have the courtrooms and the activities there,
but there will be a high traffic level into the Public Defender's
Office. And given the nature of their clientele, we would anticipate
that there might be some need for increased security level in that
area.
I understand the sheriff's asking for funding for three
additional officers for the courthouse bailiff staff. And based on
Page 28
August 3, 1999
what I know about courts and about traffic into lawyers' offices,
particularly a lawyer's office like the public defender with the large
number of attorneys that they have in that office, I think the
sheriff's request for three additional bodies up there to add to the
security level or to maintain the present security level is a
reasonable request. And I'd like to go on record as supporting his
request in that area if I can.
CHAIRWOMAN MAC'KIE: Thank you, Judge.
JUDGE BLACKWELL: If I can answer any questions, I'll be happy to
try.
CHAIRWOMAN MAC'KIE: Questions for the judge, board members?
COMMISSIONER NORRIS: No, it's straightforward.
CHAIRWOMAN MAC'KIE: I appreciate the information. You're making
it real practical information for us about the repercussions, so thank
you.
JUDGE BLACKWELL: All right, thank you. Have a good day.
CHAIRMAN MAC'KIE: You too.
I guess the best way to approach these budget items would be to
-- well, we could either address the millage question first or we can
address the reserve question first. The millage question will bring
up the sheriff's two additional requests, so it seems to me that's how
they break down. Either we'll talk about -- we'll talk about reserves
first. Any objection to that? They're tied, certainly.
COMMISSIONER NORRIS: They're laid in order.
CHAIRWOMAi~ MAC'KIE: Okay.
COMMISSIONER NORRIS: Just do them as they are.
CHAIRWOMAN MAC'KIE: Why don't we take the reserves question?
MR. FERNANDEZ: Madam Chairwoman, at this time, would you like to
hear the petition from the sheriff -- CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: -- regarding the change --
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: -- to what we are recommending?
MS. KINZEL: Commissioners. Thank you. For the record, Crystal
Kinzel, finance director for the sheriff's office.
On the reserve item, we just had several questions to maybe clear
up some understanding of the purpose of each of those reserve
accounts. The cash flow reserve versus the contingency reserve and
who would have access to each of those reserves.
CHAIRWOMAN MAC,KIE: Mr. Weigel, that sounds like a question for
you. I'm sorry. I know you were trying to help us otherwise. But
the question is, who has access? Now the -- if we establish two
separate reserve accounts, who has access to the two accounts?
MR. WEIGEL: Well, I look at the -- I look at the statutes
specifically and stringently, and the denomination or the name of the
account under 30.49, the sheriff's statutes concerning that, is a
contingent reserve fund, I believe it is. I don't have it in front of
me right at this moment. And so it seems to me that the board, the
county, can -- could conceivably distinguish that, that fund, which is
specifically addressed under the sheriff's statute from the other
fund, and the purposes purportedly are different.
CHAIRWOMAN MAC'KIE: I have a question related to that that I
just want to go ahead and get right out on the table, and that is, it
seems to me that what we're proposing here are two funds, one will be
the kind that we have agreed now the sheriff has unencumbered access
Page 29
August 3, 1999
to by virtue of request that goes on the consent agenda, and that is
which account?
MR. FERNANDEZ: Reserve for contingency in current budget year.
Keep in mind, that agreement only applies to the current budget year.
CHAIRWOMAN MAC'KIE: So the policy --
MR. FERNANDEZ: However, it raises the question that if the board
changes considerably from that policy, the same issues will be raised
again next year potentially by the sheriff.
CHAIRWOMAN MAC'KIE: Okay. I thought we had established that as
a policy that we weren't going to have to readdress each year.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
everybody agrees?
COMMISSIONER BERRY:
COMMISSIONER CARTER:
you're --
That was an agreement, one year.
It's one year at a time. That's what
One year at a time.
Well, that's the way I understood it, but
COMMISSIONER CONSTANTINE: I think the -- my recollection of the
discussion is the way the item is written addresses one year, but that
the sheriff stood at that podium and said, can I safely assume that
this is where we're headed, and the board said, well, yeah. And so I
don't know what the document that we passed -- if that may only deal
with this year, but I think we made some sort of commitment there. I
think there was a comfort level that, okay, we're dealing with an
overall issue here.
CHAIRWOMAN MAC'KIE: It was certainly my understanding that we
were establishing a policy that, if we wanted to change it or future
boards want to change it, we certainly can't bind them.
COMMISSIONER BERRY: Right.
CHAIRWOMAN MAC'KIE: But that we had indicated our agreement with
the policy that, as to reserves for contingency, the policy for the
sheriff's acquisition of those monies would be consent agenda request
more or less to let us know that he has tapped those funds, not that
he has to get our permission. Are we changing that policy?
COMMISSIONER BERRY: I don't think so.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: I don't think that's the issue.
CHAIRWOMAN MAC'KIE: No, I don't think it is either, but the
question now -- I just wanted to be sure that that was clear, that
that remains the policy of the board.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN M3tC'KIE: Yes.
MR. FERNANDEZ: The recommendation that the reserve for the
contingency amount be set at 1.5 percent was based upon an assumption
that the policy would be continued.
CHAIRWOMAN MAC'KIE: Okay. That's what I thought. So that's
settled.
Now, let me ask another question, and that is, with regard to the
cash flow reserves, it's been brought to my attention, I think the
reference was 191, chapter 191, Mr. Weigel, that says something about,
that that cash flow reserve can only be used -- you know, guys, we
have that gap in time between collection and spending? COMMISSIONER CARTER: Right.
CHAIRWOMAN MAC'KIE: And that the cash flow reserve was for that
limited purpose; therefore, should we, God forbid, have a catastrophe,
we would not be able to use those monies -- sorry -- unless the
catastrophe occurred during those three months, that we would be
Page 30
August 3, 1999
losing access to those funds, that that cash flow contingency fund was
for the gap only. Do you know that?
MR. FERNANDEZ: Madam Chairwoman, my understanding is that if the
gap funding requirements continue to be met, there's no restriction
against putting additional funds in that category. In other words, if
we continued to reserve the 90 days' cash flow amount of funds in that
fund during that period of the 90 days, the additional funds in that
fund would not be restricted.
CHAIRWOMAN MAC'KIE: And I guess I'm going to ask Mr. Weigel to
look at that for a legal opinion, because it's a lawyer who brought
that to my attention.
Is that -- have you been asked that question already, Mr. Weigel?
Are you prepared on that question, or --
MR. WEIGEL: Well, I haven't been asked that question
specifically, but that's what I was alluding to with my prior response
is that this is a different category under the county budget, and it
appears, you know, both statutorily and by county staff design is that
it has a different use, a different implementation. And your question
previously had to do with, is this different and does the county --
does the sheriff have the ability to access that like he does the
reserve for contingencies.
CHAIRWOMAN MAC'KIE: I have the answer to that question.
MR. WEIGEL: And it appears the answer is no.
CHAIRWOMAN MAC'KIE: The answer to that question is, he does not.
But the question I have now is of, frankly, greater concern to me,
and that is, if we have an emergency in this county and need to have
contingency reserves, if we have a hurricane and we need emergency
money, can we spend cash flow reserves for that purpose, or does 191
prohibit that?
MR. WEIGEL: Okay. I'd like to look at that, but I tend to think
that, no, you're not. The overall powers that the county
commissioners have for health, safety and welfare would allow them to
probably access that with the right predicate in place in the board
meeting or under our emergency ordinance, the appropriate Chairwoman,
Vice Chairman, or whomever, if there's a failure to get a quorum in
the case of catastrophe, to do what has to be done.
CHAIRWOMAN MAC'KIE: Since that, for me, is a critical question,
would you be looking at that --
MR. WEIGEL: I can look at that.
CHAIRWOMAN MAC'KIE: -- to confirm your opinion, because I think
it's going to continue to come up.
MR. WEIGEL: I'll be right back.
CHAIRWOMAN MAC'KIE: So Crystal, did that answer your question?
MS. KINZEL: Okay. Well, that answered one. Then -- so we're
saying that the cash flow, he's going to check on what that can be
used for? Because that's a concern of ours also. If the hurricane
happens later in the year and we've limited one reserve that we have
access, and we couldn't have access to another reserve, that does put
a damper on the dollar amount in what we're able to do.
COMMISSIONER CONSTANTINE: That's a fair question.
MS. KINZEL: Okay. And could I just ask how it is different, the
reserves that were established previously? Because our concern is
that in February, and even through the workshops and through the
appeal process, when we talked about the five percent budget policy,
that yes, that was a policy of the board. But could I ask, why the
Page 31
August 3, 1999
difference? Now we're splitting that five percent into the two pots?
Is there a reason for that?
CHAIRWOMAN MAC'KIE: Mr. Fernandez.
MR. FERNANDEZ: Madam Chairwoman, the reason is to set the
reserve for contingency in the general fund at the historic level,
which we indicated from our analysis is about 1.5 percent. Also we
reported to the board during the budget process that we identified a
trend in our expenditures that indicate that fund balance was being
spent down. Increasing the amount that is transferred from the
reserve for contingency to the reserve for cash flow would have the
effect of counteracting that trend and building back fund balance.
CHAIRWOMAN MAC'KIE: So the -- my understanding of the answer is,
historically of the reserve, contingency reserve, about one and a half
percent is what has been spent, so why set a higher reserve amount
than what we've actually needed.
MR. FERNANDEZ: Right, right.
CHAIRWOMAN MAC'KIE: And I guess that brings me to the question
of our bond rating. Do we have a concern -- apparently in our bond
rating, in the process, the underwriters are quite impressed with the
fact that we have such a significant reserve. Have you addressed that
question?
MR. FERNANDEZ: My understanding is that our position is enhanced
with the bond rating agencies because of the fact that -- my previous
statement. We have taken measures to reverse a trend of reducing fund
balance. This would increase our fund balance.
MS. KINZEL: And just one other question on the reserves. Can
the cash flow be used in the same way then as those other reserves, or
are we still waiting on that answer?
MR. FERNANDEZ: That's the other question that she asked
previously that Mr. Weigel's going to be researching. MS. KINZEL: Okay.
MR. FERNANDEZ: It's our understanding that we do have access to
that money if, in fact, we have a catastrophic event.
MS. KINZEL: And would the sheriff have that same access then?
MR. FERNANDEZ: Madam Chairman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: If I may respond to that one. That question was
posed to me last week when we met, and I may have stepped out of line
in speaking on behalf of the board.
But I responded that if we had a catastrophe in this county and
the sheriff incurred costs as a result of that catastrophe, the Board
of County Commissioners would be receptive to making amendments to the
budget to meet whatever needs are incurred by the sheriff in
addressing that catastrophe. And I would think that would --
CHAIRWOMAN MAC'KIE: Surely that's a reasonable statement.
MR. FERNANDEZ: -- only be reasonable. We all will be facing
that situation together, and we will use all resources of this
organization to address that. And the limits of funds and types, I
think, will be waived in order for us to address what the need is.
CHAIRWOMAN MAC'KIE: The question for me is whether or not those
funds are available for emergency use beyond those three months,
because if they are, then the sheriff's emergency contingency
hurricane needs will be addressed just like everybody else's. MR. FERNANDEZ: Right.
CHAIRWOMAN MAC'KIE: But this amount in the cash flow reserve
would not be an amount that the sheriff, in looking at the cash flow
Page 32
August 3, 1999
needs of his agency, could tap without approval, without a budget
amendment --
MR. FERNANDEZ: Right.
CHAIRWOMAN MAC'KIE: -- approval.
MS. KINZEL: So it would be a little bit different than what we
had settled on in the agreement for the appeal process, which was that
we would notify --
CHAIRWOMAN MAC'KIE: No.
MS. KINZEL: -- you or inform you of the use of that fund?
CHAIRWOMAN MAC'KIE: No. In fact, there would be -- there would
be two piles of money.
MS. KINZEL: Right.
CHAIRWOMAN MAC'KIE: The agreement -- the policy that we set
about consent agenda and your ability to access that money, Sheriff,
without our approval but with only notification, would apply to the
one and a half percent. But as to the three and a half cash flow
reserves, that amount would require an actual budget amendment
process. The question is -- for me the question is, do you --
COMMISSIONER CONSTANTINE: The 90-day window.
CHAIRWOMAN MAC'KIE: -- is too, the 90-day window, the bond
rating, and three, do you have a reason to believe that one and a half
percent of your budget is not enough for reserves for you to be able
to tap into by mere consent agenda notification?
MS. KINZEL: I guess it goes back to the appeal issue that we
discussed previously, in that we haven't tapped the reserves up to
this point.
CHAIRWOMAN MAC'KIE: Right.
MS. KINZEL: So we can't say that we're unhappy with that amount,
but we do need to have access to those funds, and --
CHAIRWOMAN MAC'KIE: And the question is, is the amount that you
now clearly have access to, one and a half percent of your budget, is
that -- do you have a case to make that that's not enough?
MS. KINZEL: I think that would depend on the answer to the other
questions about the remaining balance and what's our access to that in
the case of an emergency, because for example -- CHAIRWOMAN MAC'KIE: Okay, okay.
MS. KINZEL: -- at the last weekend of the last fiscal year when
we were hit with a very, very minor storm, luckily, we still incurred
costs of over $400,000 at the sheriff's office for that period of time
with evacuations and other issues. So if we really do have a storm,
our concern is how much is available in total for the county and for
what purposes.
If we segregate those two costs, the first question is the first
90 days. But also, if we segregate those pots of money and the
sheriff's office has to come back for an amendment based on an
emergency and those reserves have been accessed for other types of
expenditures all year, yes, we're a little concerned as who has --
what purpose those other cash flow funds could be drawn down for in
the case of a hurricane.
CHAIRWOMAN MAC'KIE: And at that point, and -- you know,
respectfully, but at that point you have to have some confidence in
this board's ability to be sure that its reserves never sink below a
level that would be sufficient in the event of a major storm.
COMMISSIONER CONSTANTINE: No. We're not decreasing the overall
number at all. That's the --
Page 33
August 3, 1999
CHAIRWOMAN MAC'KIE: No. And historically, those reserves have
been there and been there and been there. There's no reason to think
that this board would do anything to compromise that concern.
COMMISSIONER CONSTANTINE: I can't imagine, literally cannot
imagine a situation if we have an emergency like a hurricane that
we're not going to fund the emergency procedures. That's -- priority
number one is making sure that public health, safety and welfare on
those -- and I just -- I can't even fathom a situation where we
wouldn't do that.
CHAIRWOMAN MAC'KIE: But I think, Crystal, the last point that
she made was that she's, perhaps, afraid that we might have already
spent the money on something else because we can do budget amendments
through the year to access that money.
COMMISSIONER CONSTANTINE: And I think the important point of
that is, we're not decreasing the amount that we're doing. They're
splitting funds there for bond purposes and otherwise, but the amount
of money we're setting aside, the percent of money we're setting
aside, overall big picture is still the same -- CHAIRWOMAN MAC'KIE: Right.
COMMISSIONER CONSTANTINE: -- for that. So I don't think that
needs to be a worry. My only worry is that 90 days. As long as we
can still use it outside that 90-day window, that's fine. And if we
can't, then that's a genuine concern.
COMMISSIONER CARTER: Well, Commissioner, I have a great concern
about that window, and that's a cash flow reserve, and the purpose for
which it's set up. And if I'm in the financial institution for a flat
year, five years, I see that you have one and a half percent set up in
your cash flow reserves and you've got five percent sitting over here
in your contingency reserves, and you suddenly flip-flop this process,
that would raise questions in my mind in the access part of this. And
so I have concerns about that. Although it doesn't change the total
numbers, I'm concerned about what does it look like and where does it
take us.
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: Mr. Fernandez, you said you'd been
told that that would actually enhance our bond rating in that
situation.
MR. FERNANDEZ: It's my understanding it would, yes.
COMMISSIONER CONSTANTINE: Who shared that information with us?
Is that our bond counsel that said that?
MR. FERNANDEZ: We met recently with --
CHAIRWOMAN MAC'KIE: Moody's.
MR. FERNANDEZ: -- Moody's, the representative of Moody's, which
is the bond -- a bond rating agency, and they did remark on the trend
that they indicated. They recognize beginnings of a trend to reduce
fund balance because we are spending it down. And I concluded from
that that measures that we would take that would have the effect of
building back that fund balance would be regarded as positive by them.
CHAIRWOMAN MAC'KIE: Okay.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: I would always offer that the intent of this
recommendation is that the additional, the surplus, if you will,
funding in the reserve for cash flow would be available for
expenditure as the need arises beyond that amount, in other words,
beyond the 90-day needs. Because we have, with this proposal, more in
Page 34
August 3, 1999
there than would be required by the 90-day needs. And whether it be
the sheriff or any other need that arises from the county, we would
have access to those funds.
Of course, Mr. Weigel may need to confirm that and feel
comfortable with his preliminary opinion on that, but it was our
intent all along that if the sheriff needed that funding from that
source, he would have the opportunity to come before this board,
request it, the board could deliberate on it and pass judgment on
whether or not to grant those funds.
The only difference is, this is not the unfettered access --
CHAIRWOMAN MAC'KIE: Sure.
MR. FERNANDEZ: -- portion that the board had agreed to earlier.
That's the only ~-
COMMISSIONER CONSTANTINE: The sheriff still would have the
opportunity to come and access that money. I just wanted --
MR. FERNANDEZ: Right.
COMMISSIONER CONSTANTINE: You were talking to Crystal, Don. I
wanted to make sure you heard that part of it.
MR. FERNANDEZ: That's what the intent was of this
recommendation.
CHAIRWOMAN MAC'KIE: Sheriff Hunter, you have something to say.
SHERIFF HUNTER: Good morning.
CHAIRWOMAN MAC'KIE: Good morning.
SHERIFF HUNTER: Don Hunter, sheriff for Collier County, for the
record.
I do have a concern, a couple. A couple of comments, a couple of
questions, perhaps, and a concern.
Clearly, I appreciate the board's action before adopting the
position that you had taken pertaining to the contingency reserve and
the access that the sheriff was being granted, or acknowledgement of
the law pertaining to the access for contingency reserve.
I'm somewhat concerned that staff is suggesting to the board that
we go in a different direction on contingency reserves as budgeted --
as a proportion of your budget in an effort to, in my mind, get beyond
this agreement that was met relative to the statute, because we do
have a couple of things on the horizon that we can't predict.
For instance, Y2K. We know that conversions of computer systems,
although that's something of an area that I don't have a great deal of
expertise in, I've heard a couple of presentations from the Division
of Emergency Management at the state, from the Florida Department of
Law Enforcement, and from other government bodies that have cautioned
sheriffs that we are on the cusp of some very serious problems that
may occur in the last couple of weeks of the, 1999 and the first week
to 10 days of the year 2000 pertaining to the embedded chip problem
and the conversion problems relative to computers.
And we're talking about -- and I don't want to make a Y2K
presentation this morning, but everything from traffic lights to cell
doors to bank runs, et cetera, et cetera, et cetera, which are all
going to be --
COMMISSIONER CONSTANTINE: I was going to jokingly ask about cell
doors. Now I'm getting scared.
CHAIRWOMAN MAC'KIE: Yeah, but your staff has been here, told us
that you're testing and everything is going to be compliant and we
aren't going to have Y2K issues. I mean, I guess --
SHERIFF HUNTER: We hope. But we're not sure about the embedded
chip problem. The Y2K issues extend beyond the computer system.
Page 35
August 3, 1999
My point in making reference to the runs on banks, banking
services where it has been recommended -- I've heard one
recommendation that all members of the public should have at least
$500 cash available at some point just in the waning days of 1999,
into the first part of the year 2000.
If that happens and everyone waits to get the maximum benefit of
their interest on their bank accounts and they wait until the last
couple of days in 1999 or the first day of the year 2000, then I think
what we will see is -- we almost have, I believe, more bank branches
than we do golf courses, and that's hard to believe but -- CHAIRWOMAN MAC'KIE: It's close.
SHERIFF HUNTER: For us to be called upon as a law enforcement
agency to maintain crowd control at every branch, banking institution,
grocery store in Collier County will be a severe drain on resources,
if it's even possible. I don't believe it's possible.
So we're working with some of the banking groups to see what we
can do about consolidating the locations where people will get funding
so that we can maintain some status -- some visibility there. That's
just one issue.
Then the hurricanes, which are being used as the focal point of
an emergency in Collier County, that's certainly a concern. Woods
fires, tornadoes, downed commercial aircraft, which is one of the
scenarios we've just trained on at the airport just months ago. All
of those are viable emergency situations that we know we -- we have
seen other agencies have to deal with or try to deal with.
Columbine shooting was a major incident that lasted more than
just the few hours that we saw on television. There was an extensive
crime scene for several weeks that had to be managed by law
enforcement at the federal, state and local level. All of those
things, although we don't wish it on Collier County, are potentials
that we know exist out there and can happen here, just as they can
happen elsewhere.
In addition to that, we have other things that can't be planned.
You are familiar with our attrition issue. You are familiar with the
issues pertaining to other corporate groups. And you, yourself, are
having difficulties finding qualified people to serve in government
positions.
We don't predict those things. The market changes, demand
changes. We would like to be able to remain in competitive positions
so that we are able to attract people. We will need to have -- with
all of those examples given, what I'm trying to paint is the picture
that we have to have some ability to get to monies that we do not know
now we have to spend in order to conduct the business of the Collier
County Sheriff's office.
CHAIRWOMAN MAC'KIE: And I guess the question is --
SHERIFF HUNTER: And I believe that's what the statute speaks to.
CHAIRWOMAN MAC'KIE: The question then is, is one and a half
percent of your budget sufficient for those non-hurricane type
emergencies? Because in a hurricane situation, we're obviously all
going to be down here dividing up the reserves to spend them in the
best interest of the citizens.
SHERIFF HUNTER: Well, by definition -- since we're talking about
a contingency for reserve for emergencies, I'm unable to predict what
we are going to need unfortunately. And we're relying upon past
experience of the county in order to determine what might be expended.
But I think one and a half million, if that's what the experience has
Page 36
August 3, 1999
been, in a Y2K year where we know we have a significant issue looming,
might be short-sighted. That's just one example.
We have also had some significant other issues like E1 Nino where
we had excess rain. Now we're in the reverse where we have very
little, and we can expect the woods fires. We already had that
demonstrated last year right at the end of -- right at the end of
summer in the northern parts of our state, in the first parts of
winter.
I'm just -- I have those concerns, and I don't believe that my
personal opinion and professional opinion would be that one and a half
million -- if one and a half percent is the experience of the county
over the last several years, there have been several things that have
intervened as valuables now that are not taken into consideration in
that trend analysis that was conducted by staff that we may need to
consider as a county.
I think you -- my opinion would be that we would want to increase
the reserve for contingency. That money is available for emergency
expenditure so that we can cover the Y2K probable woods fires, and as
we grow as a county and experience additional jet traffic and larger
commuter traffic, that we would plan for that as well, the other
emergencies.
CHAIRWOMAN MAC'KIE: Thank you, Sheriff. Commissioner Norris,
then Berry, then Constantine.
COMMISSIONER NORRIS: Sheriff, as I understand it though, what
the staff is proposing here is that there will be the same five
percent in a reserve account, actually, I should say, in two reserve
accounts. One and a half in one reserve account, three and a half in
the other for a total of five. So it's the same amount, it's just
held in a separate account for some of the reasons that Mr. Fernandez
listed earlier.
So I really don't -- I really don't understand the level of
concern that you seem to have, because the money's going to be there.
SHERIFF HUNTER: Well, my only concern, again, would be back
relative to the breaks that the board takes from time to time. As
long as -- as long as the legal staff is able to give us reassurance
that the emergency funds truly are available in the emergency, then I
suppose we would not have -- we would not be asserting a major
objection.
COMMISSIONER NORRIS: Okay. Well, I think --
CHAIRWOMAN MAC'KIE: We'll get there.
COMMISSIONER NORRIS: -- I think I saw Mr. Fernandez acknowledge
in the affirmative on that and --
CHAIRWOMAN MAC'KIE: And if anybody's got a copy of 191, I'd like
to look at it too.
MR. FERNANDEZ: Madam Chairwoman, it's not 91 --
CHAIRWOMAN MAC'KIE: 191.
MR. FERNANDEZ: -- 191. It's 129, which is the budget statute.
CHAIRWOMAN MAC'KIE: Okay.
MR. FERNANDEZ: I'd like to cite chapter 30, which really is a
reference that conforms to the statement that I made earlier about if
a catastrophe comes, we will use whatever resources that we have
within the county to meet the needs that are presented.
Subsection 10 of chapter -- I'm sorry. Section 10 of chapter
30.49, budgets, it says, if in the judgment of the sheriff an
emergency should arise by reason of which the sheriff would be unable
to perform his or her duties without the expenditure of larger amounts
Page 37
August 3, 1999
than those provided in the budget, he or she may apply to the Board of
County Commissioners for the appropriation of additional amounts.
If the Board of County Commissioners approves the sheriff's
request, no further action is required of either party.
COMMISSIONER NORRIS: So that seems to indicate that even over
and above whatever we set aside -- MR. FERNANDEZ: Yes.
COMMISSIONER NORRIS: -- he could ask for additional if that --
if an emergency may be necessary.
MR. FERNANDEZ: If an emergency exists.
CHAIRWOMAN MAC'KIE: And that's a separate question from the
90-day question?
MR. FERNANDEZ: Oh, yes.
CHAIRWOMAN MAC'KIE: The 90-day question --
MR. FERNANDEZ: It's there in 129.
CHAIRWOMAN MAC'KIE: -- is here, and I'm looking at that.
MR. FERNANDEZ: The limit there is 20 percent.
CHAIRWOMAN MAC'KIE: Right, but that's not the -- still not the
issue, and I'm going to wait for Mr. Weigel, because I want to ask him
a question.
It looks to me like in 129 it says, a cash -- a reserve for cash
balance may be provided for the purpose of paying expenses from
October 1 of the ensuing fiscal year until the time when the revenues
for that year are expected to be available. So the statute says that
the cash reserves -- I'm sorry -- that the cash balance reserves are
for that gap purpose.
MR. WEIGEL: Yes.
CHAIRWOMAN MAC'KIE: And it goes on. Does it help us in (e) that
it says, if there's a surplus you can carry it over to another fund?
MR. WEIGEL: Well, I was looking at that, and I thought it also
seemed to intimate regarding the change of fiscal year, one fiscal
year to the next. And it does give -- clearly gives that flexibility,
but I don't think it goes so far as to say that during a fiscal year
you can do that.
CHAIRWOMAN MAC'KIE: That's a problem.
MR. WEIGEL: Well, I'm not saying that it can't be done, but it's
not specifically stated there. It seems to me that when you look at
the -- use that phrase, we attorneys, in pera materia, you try to make
all the statutes work together.
The statute -- the subsections of section 30.49, which is the
sheriff's budget statute, talks about the sheriff having the specific
authority, the ability to come to the Board of County Commissioners
for money. So it seems to me that we're not handcuffed to have to be
money necessarily out of that cash reserve fund either. Could be some
other source.
CHAIRWOMAN MAC'KIE: And David, I'm not as concerned about that.
Okay. So there's -- good. So the sheriff has an option of where to
go if there's a hurricane, but do we? Where's our -- where's our
ability to tap into the cash flow reserves in the event of a real
emergency? I don't see it.
MR. WEIGEL: I think -- well, you don't see it right there, but I
think under 125.01, the general powers and duties of the Board of
County Commissioners, that you have full general ability, unless
denied by statute, to do what you have to do for the public health,
safety and welfare.
Page 38
August 3, 1999
COMMISSIONER CONSTANTINE: Up to and including -- I mean, if you
had a hurricane and we ran out of money, theoretically -- CHAIRWOMAN MAC'KIE: You could borrow money.
COMMISSIONER CONSTANTINE: -- you could either borrow money or
you could have special assessment type things, and then -- MR. WEIGEL: That's right.
COMMISSIONER CONSTANTINE: -- there's no limitation there as long
as it's for health, safety and welfare.
MR. WEIGEL: You have the whole plethora of possibilities.
MR. FERNANDEZ: Madam Chairwoman, the Board of County
Commissioners has access to its budget, and you have different
processes available to you to get access to different portions of it.
The distinction is, the reserve for contingency is a reserve that you
set aside expressly for the purpose of unanticipated expenditures, but
you can cover unanticipated expenditures in other ways in your budget.
COMMISSIONER NORRIS: That's the flexibility I think you're
looking for, Madam Chairman.
CHAIRWOMAN MAC'KIE: I'm looking for it, I'm just afraid -- I
mean, when you get down to it, it's the clerk who's going to say if
he's going to cut the checks or not, and we all know he's quite the
stickler for the details of the statute. And you know, I would like
to --
COMMISSIONER CONSTANTINE: Can we continue -- maybe --
CHAIRWOMAN MAC'KIE: I'm concerned.
COMMISSIONER CONSTANTINE: -- just as part of this discussion,
Mr. Weigel, can you continue to piece together those different pieces?
When you make a general reference to 125, can you, either yourself or
have someone on your staff, as this discussion goes on -- MR. WEIGEL: Yes.
COMMISSIONER CONSTANTINE: -- pull that out, because I think
maybe that gives us some level of comfort, and we can actually have
those and see that in front of us. It probably makes that a little
easier to grasp.
COMMISSIONER NORRIS: Let me ask Mr. Smykowski a question. In
the experience of the county, have we typically -- after the 90-day
period where we need the cash flow reserves, have we typically
transferred those other funds in the past? MR. SMYKOWSKI: No.
COMMISSIONER NORRIS: No? Just leave them sit and roll them till
the next year?
MR. SMYKOWSKI: That's correct.
CHAIRWOMAN MAC'KIE: We generally spend what percentage of --
when we were doing one and a half, is that what we had in there for
cash flow reserves? What have we historically had for cash flow
reserves?
COMMISSIONER CARTER: One and a half.
MR. SMYKOWSKI: A million and a half dollars.
CHAIRWOMAN MAC'KIE: Okay. And how much of that have we usually
spent?
MR. SMYKOWSKI: We have not physically drawn on it ever.
CHAIRWOMAN MAC'KIE: Ever?
MR. SMYKOWSKI: Yes. What the reserve for cash flow does, it
helps ensure that you have carry-forward on the revenue side in the
subsequent year to meet those bills during that interim 90-day period.
COMMISSIONER CARTER: I think a part of this, too -- I would also
like the clerk's interpretation of this, because he cuts the checks.
Page 39
August 3, 1999
CHAIRWOMAN MAC'KIE: That's right.
COMMISSIONER CARTER: And if he's not comfortable with this and
we get into a bind, I think we're buying trouble.
COMMISSIONER CONSTANTINE: What I heard the sheriff say earlier
-- and this goes hand in hand with what Mr. Carter said, but if he has
access to this in the case of any of those emergencies, great, but we
want to make sure that's the case, because we don't want to find out
partway through that, gee, there's some limitation there.
And I think -- the only exception being when you talked about pay
plan adjustment as part of those emergencies, that's probably not
something that on Wednesday you decide, okay, I've got to have this
today. That's something that you may be able to wait two weeks before
you get to the board --
SHERIFF HUNTER: Not necessarily.
COMMISSIONER CONSTANTINE: -- even if it's an updated thing. But
virtually everything else you described, whether it's, heaven forbid,
a high school type scenario like you mentioned or a hurricane or
anything else, you're going to see an emergency drawing together of
this board anyway.
If for some reason that you mentioned or Mr. Fernandez mentioned
on a summer break, if for some reason you can't track down three
members of the board, the chair has the authority in that case to --
or in the absence of the chair, the vice-chair and so on, to actually
grant those.
So I think if we can get access outside those 90 days and making
sure the same amount of money is actually set aside, we can make sure
that money is always available because there is no higher priority
than your services in those emergencies.
I just want to make sure those two ifs are real. And if they
are, great. I think that solves everybody's problem. If they're not
or if we can't get a definitive answer, then I'm a little concerned,
so.
CHAIRWOMAN MAC'KIE: Would it be useful at this point, Sheriff,
if we went on and discussed the other two budget items that you have,
and then we'll try to resolve that 90-day question and the remaining
questions you may have, or do you have other points on the reserve?
SHERIFF HUNTER: I have one statement for the record on the
reserve, and then certainly I will move to the other. CHAIRWOMAN MAC'KIE: Please.
SHERIFF HUNTER: First of all, I regret and I am sorry -- I guess
I apologize to the board for causing so much staff activity in terms
of now completely reworking the board's policy on contingency
reserves. I think it is a matter of record. We've already spent now
20 or 30 minutes here. You're directing legal staff to go back and
find other unique ways of preventing the sheriff from getting to the
reserve for contingency, and I regret that that's happening.
I think we've demonstrated over the years that we have never at
any time gone into the contingency reserve. You have no reason to
distrust the sheriff's office that we will suddenly go berserk and
spend monies out of contingency reserve that we've never done before.
It's clear by Mr. Smykowski's comments that only the Board of
County Commissioners have spent from the contingency reserves and on,
I'm sure, an as-needed basis. I'm not responsible for reviewing that
nor would I ever suggest that you have done so in an irresponsible
way. It's just a matter of record that the board is spending from
those reserves.
Page 40
August 3, 1999
When I made the point that we needed access to the reserves
previously, as you know, it was because we had been faced with trying
to provide a constitutional duty to the City of Marco Island but
having no funds to do it because we hadn't taken action as a county to
tax the City of Marco for that purpose, and I needed access to the
reserves for purposes of continuing the patrols inasmuch as Marco
seemed reluctant to fund patrols.
So I was stuck in the middle of a dilemma and had no ability to
perform my duties, my constitutional duties which put me in a
position, unhappily, of perhaps being removed from office by the
governor if I failed to perform my duties. I certainly didn't want
that to happen.
There are things that will occur in this county that I can't
predict. I don't control the Board of County Commissioners, I don't
control the city council, I don't control acts of God.
And I am sad to see that we're putting so much effort into this
process of trying to keep us from contingency reserve when, as I said
before, as a matter of record, we have never spent monies from
contingency reserve, and I -- by its very definition, I'm not
predicting that I'm going to spend any today. I just would like to
see that the board would keep the contingency reserve at a level that
would provide me access, immediate access, as you say, unfettered
access as the law states, and that we would not change, because of me,
the long-standing policy.
CHAIRWOMAN MAC'KIE: I personally --
SHERIFF HUNTER: And that's all I need to say, and it doesn't
really require --
CHAIRWOMAN MAC'KIE: Well, I have to say that I don't know what's
broken here that we're fixing. I don't understand why we need to
change. If there's a fiscal reason for it and that had something to
do with that trend that -- on fund balance, if that's the reason for
this, then there's a fiscal reason for it. If it all has to do with
this bologna about whether or not you have unfettered access, then I'm
not interested in participating because I have no concern about
whether or not you're going to access funds inappropriately. How
absurd. You're the guy who arrests people who access funds
inappropriately.
SHERIFF HUNTER: Well, we hope that that isn't occurring.
CHAIRWOMAN MAC'KIE: So --
SHERIFF HUNTER: The other two points.
CHAIRWOMAN MAC'KIE: Yes. On the other two -- go right ahead on
the other two points.
SHERIFF HUNTER: If I may.
MS. KINZEL: Did you want to talk to --
CHAIRWOMAN MAC'KIE: Oh, I didn't see Dwight come in. Thank you.
Dwight, why don't you tell us what your interpretation is of this
cash flow reserve since you've got to write the checks.
MR. BROCK: Okay. I was watching on TV. And as I understood the
question, the question was, could you spend the money in the cash flow
reserve for purposes other than to carry you over that 90 days?
CHAIRWOMAN MAC'KIE: Yes.
MR. BROCK: Okay. Without a budget amendment, my answer to that
is no. But as Mr. Weigel said, you have the power under the budget
process to amend that budget at any point in time, and you could, in
fact, amend that line item to transfer funds from that reserve to any
other budget appropriation expenditure line item and spend it.
Page 41
August 3, 1999
COMMISSIONER CONSTANTINE: So the answer is yes, it would require
a budget amendment, but it can be done? MR. BROCK: That's correct.
COMMISSIONER NORRIS: Could you identify yourself, please?
MR. BROCK: I'm sorry. My name is Dwight Brock, clerk of courts.
CHAIRWOMAN MAC'KIE: Thank you. Okay. So that's a reassuring
answer to that question. Thank you very much for coming over.
COMMISSIONER CARTER: Dwight, do you have any insight into how
that affects us financially by changing the way we're doing this
process?
MR. BROCK: Okay.
CHAIRWOMAN MAC'KIE: From a bond rating perspective?
COMMISSIONER CARTER: From the bond ratings and people that look
at us.
CHAIRWOMAN MAC'KIE: Thank you.
MR. BROCK: I have had extensive discussions with my staff who
are intricately involved in the bond issues here in this county.
CHAIRWOMAN MAC'KIE: Speaking of whom, here's Mr. Mitchell.
MR. BROCK: He just ran in. He was probably watching the same TV
set. We do not, and we will profess that we do not, know the
definitive answer to that, but we're concerned what impact that would
have on our ability to raise money and its cost to the taxpayers.
I will be the first to admit to you that I do not know
definitively what the answer to that is. I know that contingency
reserves are, in fact, very important by the people who issue these
bonds, and that I think is something that you need to be aware of.
CHAIRWOMAN MAC'KIE: A follow-up question to that is, if you had
to balance the negative impacts of a decreased contingency reserve
with the negative impacts of a decreasing fund~balance, because that's
what we're measuring here, can you give a thought about which bond
raters might see as more negative? What Mr. Fernandez is telling us
is that we need to make this shift so that we can stop the trend of
our fund balance decreasing.
MR. BROCK: I keep hearing that, and I've had this conversation
with my finance director. We do not see a trend in fund balance
decreasing.
CHAIRWOMAN MAC'KIE: There's a big question, because that's the
only legitimate reason to be doing this, otherwise it's a game for the
sheriff.
MR. BROCK: We had this discussion 30 minutes ago, in which we
have not been able to identify a trend in our fund balance decreasing.
I mean, using fund balance as a term of art, we can't identify any
such trend. If you look at --
CHAIRWOMAN MAC'KIE: Mr. Smykowski, can you --
COMMISSIONER CONSTANTINE: Do you have a question for the clerk?
CHAIRWOMAN MAC'KIE: Yes. Let's --
MR. SMYKOWSKI: The fund balance available in the general fund
forecast this year, based on last year's actual, is slightly above
19.9 million. The projected availability for fund balance in fiscal
year 2000 is 14.6 million.
CHAIRWOMAN MAC'KIE: And Mr. Mitchell, you disagree with that
projection?
MR. MITCHELL: No, no, no. Commissioners, for the record, my
name is Jim Mitchell, the director of finance and accounting. The
difference that we're talking about here is budget versus actual.
Okay. We deal in actual as opposed to budgetary numbers.
Page 42
August 3, 1999
CHAIRWOMAN MAC'KIE: Okay.
MR. MITCHELL: When we look at -- when we measure fund balance,
which we do on an actual basis through our financial statements, there
has been a trend upward in fund balance for the last three years.
Fund balance is approximately $24 million as of 9/30/1998. And
the one thing you have to look at is, what is fund balance. Fund
balance is strictly a measurement of your assets to your liabilities.
Assets minus liabilities equals fund balance. We deal in real
numbers. What they're talking about here is budgetary numbers.
Now, they're dealing forecast. I have no idea what fund balance
is going to be as of 9/30/99. I mean, we can measure it today. We
can measure it whenever, but we look at it from an actual standpoint.
CHAIRWOMAN MAC'KIE: So the decline has been in the budgeted
amount for fund balance, not in the actual fund balance at the end of
each fiscal year?
MR. MITCHELL: As we measure it in the financial statements,
there has an been upward trend in fund balance in the general fund.
COMMISSIONER CONSTANTINE: Over what period of time?
MR. MITCHELL: Last three years.
CHAIRWOMAN MAC'KIE: Then I don't see a reason, Mr. Fernandez.
COMMISSIONER CONSTANTINE: Is that an increase also in percentage
and -- you know, I don't understand the difference -- what's --
there's clearly a reason why we're doing them the way we are, Mr.
Smykowski.
And also I just -- both a question for Dwight and for Mr.
Fernandez is, you know, Moody's, I assume, would be considered a
pretty good expert on this type stuff. How extensive of a
conversation was that? Would the clerk dispute Moodies' opinion on
that?
You know, that has some impact on me. When you share that
discussion with me --
CHAIRWOMAN MAC'KIE: Good point.
COMMISSIONER CONSTANTINE: -- I have some confidence in Moodies'
ability to read this stuff. So I'm wondering, what is it they're
looking at and what were their concerns versus your saying it's not a
concern?
CHAIRWOMAN MAC'KIE: And Jim, you were in the room, and I don't
know if you were, Dwight.
MR. BROCK: I was not in the room. Jim was in the room, so I'll
let Jim share it with you.
CHAIRWOMAN MAC'KIE: Did you have the same impression about their
concern about declining fund balances?
MR. MITCHELL: Actually, I presented to Moody's the fund balance
position of the general fund. And I think the concern of the trending
downward was one that was raised by Mr. Fernandez and not one that was
raised by Moody's.
CHAIRWOMAN MAC'KIE: As he pointed out that budgeted downward
trend, did you see a reaction?
MR. MITCHELL: Oh, absolutely. There's no doubt about that. If
there is a trending downward, it's definitely going to raise some
flags at the rating agencies. There's no doubt about it. But at what
level is the question. We have sufficient fund balance currently. I
mean, we have a significantly high fund balance in our general fund.
CHAIRWOMAN MAC'KIE: Jim, does Moody's look at actual or budgeted
fund balance when they rate our bonds?
Page 43
August 3, 1999
MR. MITCHELL: They look at both. They look at history from
actual, and they look at forecast for budgetary.
CHAIRWOMAN MAC'KIE: I'm running out of legitimate reasons why we
would make this change, because it doesn't sound like it's a
significant fund balance trend issue to justify a whole new budget
policy. It looks more like it has to do with the sheriff and his
unfettered access than it does to anything else.
MR. FERNANDEZ: Madam Chairwoman?
MR. MITCHELL: Commissioners, if I could make one more comment.
CHAIRWOMAN MAC'KIE: Yes, and then Mr. Fernandez.
MR. MITCHELL: Okay. The one thing that concerns me is that when
you start looking at reserves -- and there's no doubt when a rating
agency looks at one of our issues, they do look at our reserve
position.
And you look at a reserve for cash flows, which has been
extremely flat since the implementation of that particular reserve,
and you have a contingency reserve that has been sufficient to carry
us through those periods, and now all of a sudden we're flipping it.
That's going to raise some -- in my opinion, that's going to raise
some red flags at the rating agencies, why are you doing that.
And the question that could possibly be raised is, do you
anticipate a slowing down of your tax revenue? Why is it that you're
increasing your cash flow reserves when you've never had to even tap
into it? And second, in a year that we're faced with right now -- as
Sheriff Hunter very clearly stated, we've got the millennium to deal
with. There's a lot of unknowns with that, and there may be an
expectation that you see a reserve contingency going up instead of
downward in this particular period.
CHAIRWOMAN MAC'KIE: Thank you. Thank you, Mr. Mitchell.
Mr. Fernandez.
MR. FERNANDEZ: I was going to mention, Madam Chairwoman, that I
have a list of seven counties. I believe this is the same list that
we used in our discussion at budget time in comparing the sheriff's
reserve for contingency request. We also included in that graphic at
that time what the Board of County Commissioners' general fund reserve
was.
And the list ranges from 0.7 percent in Manatee County to a high
of 2.8 percent in Lee County; Alachua has 2.5 percent; Bay County, 0.9
percent; Charlotte, 1.3 percent.
CHAIRWOMAN MAC'KIE: Do we know if their bond rating is as good
as ours?
MR. FERNANDEZ: The bond ratings are, Alachua County, double A
minus.
CHAIRWOMAN MAC'KIE: And what is ours?
MR. FERNANDEZ: Charlotte County --
CHAIRWOMAN MAC'KIE: Ours is triple A, isn't it?
MR. FERNANDEZ: Mike, do you know?
CHAIRWOMAN MAC'KIE: Mike, do you know? Isn't our bond rating
triple A?
MR. MITCHELL: Depends on the bond.
MR. SMYKOWSKI: Ours is GO.
CHAIRWOMAN MAC'KIE: GO is extremely high. I mean, of course
other counties have less, but that doesn't mean that we should,
especially if it might affect our bond rating, which means we pay
higher interest rates, which means taxpayers pay more.
I don't see a reason to do this, but that's my opinion.
Page 44
August 3, 1999
COMMISSIONER CONSTANTINE: Let's hear about the other issues.
***CHAIRWOMAN MAC'KIE: Shall we go on to the other two budget
issues and then come back, have an overall discussion on the budget?
COMMISSIONER CONSTANTINE: Yep.
CHAIRWOMAN MAC'KIE: Thank you very much, Mr. Clerk, sir, for
coming over.
Crystal.
MS. KINZEL: Hi. For the record, again, Crystal Kinzel with the
sheriff's office, finance director.
I'll go back to then -- ll(a)3 actually has the additional budget
items that we wanted to bring back for reconsideration by the board.
And those go back to -- the first item there is the road patrol
services from Marco Island. I believe the board has received a letter
from Marco Island indicating that they expect that the sheriff's
services will be there, that they only envision their services in
addition to the sheriff's services. And I know -- I see by the
shaking of heads that -- but that is the letter that's been presented.
We have the same --
CHAIRWOMAN MAC'KIE: Let me say this to Crystal just in the
interest of getting information out, because I was at the meeting with
Mr. Fernandez when both the chairman and the city manager from Marco
told us that they absolutely fully expect to be on line. And there
was no hint at that time that this was intended to be supplemental and
they expected to continue to have a level of service greater than
that, that other cities, a/k/a, the City of Naples has. I just want
COMMISSIONER CONSTANTINE: No. And frankly --
CHAIRWOMAN MAC'KIE: The letter was absolutely different from the
conversation.
COMMISSIONER CONSTANTINE: And last year the whole discussion
was, we don't want to have to pay in because we're going to provide
our own. We're -- it wasn't a supplement. At no point was it
discussed as a supplement.
CHAIRWOM3~N MAC'KIE: And we just have to make that clear, because
you're right, the letter says something entirely different.
MS. KINZEL: And you can see --
COMMISSIONER CONSTANTINE: Which is not your fault at all. And
I'm not --
MS. KINZEL: Thank you.
COMMISSIONER CONSTANTINE: It's just very frustrated with the
city of Marco.
MS. KINZEL: And you can see our concern. We had originally been
told October 1 of last year, then we were at December, then we were at
March. Our concern is that if we do not provide the funding for Marco
services and they are not available on January 1, we will be at a
deficit position, then that goes back to the question, are those
reserves enough if then we have to fund Marco. So that's issue one,
and we've talked about that.
You've heard about the bailiff issue from the judge, and we also
have some other supporting letters. We think that that's critical
because of the increased traffic, the opening of the courthouses
(sic), we'd like to see that brought back in.
The 11 investigator positions --
MR. FERNANDEZ: Excuse me. Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
Page 45
August 3, 1999
MR. FERNANDEZ: Before we pass that one.
CHAIRWOMAN MAC'KIE: Are we on bailiffs?
MR. FERNANDEZ: The bailiffs. We had recommended the three to go
along with the three new courtrooms. The request for reconsideration
is for seven bailiffs, as I understand it. So I think we need to make
a clear distinction there.
MS. KINZEL: We did separate those items because we did
understand that there was a distinction between the four roving
bailiffs and the three in the courtrooms, so those are two separate
items on our agenda, but we think that at least we need to provide the
bailiffs for those courtrooms.
We can maybe then compromise on the roving position. We had
talked about, instead of one for each floor, maybe one to do all the
floors. That would bring us to a total of four new positions, and we
think that that would probably, you know, bring us to where we at
least need to be when they open those courtrooms.
CHAIRWOMAN MAC'KIE: So one request is for three and, perhaps,
four additional bailiffs? MS. KINZEL: Right.
CHAIRWOMAN MAC'KIE: And the next one is?
***MS. KINZEL: We had talked about the investigator workloads,
again going back to that, and I know Commissioner Constantine had
asked us to phase in those investigators. We did just want to bring
it back to the board's attention that we have phased in the total
requirement and that to not go to the 11 investigators will actually
increase the caseload from where we are. We need to get back to --
it's the -- and I have a presentation on the caseload that --
CHAIRWOMAN MAC'KIE: Maybe you want to put it on the visualizer,
Crystal, and then the public can see.
MS. KINZEL: Okay. Let me just give you an example. The actual
caseload for 1998 would be 162 cases per investigator. The caseload
projected then into 2000 at the same crime rate would be 172 cases per
investigator. And the average agency surveyed were at about 150.
That would require the 11 new.
So I think it goes back to Commissioner Constantine's point that,
yes, we could maintain with half of those, but we're not going to make
any progress in resolving those caseload issues. And we just wanted
to bring that back for reconsideration so it's on the record with the
amounts.
COMMISSIONER CONSTANTINE: And actually the numbers weren't to
maintain. And if there's a new projection or there are different
numbers now, I don't know. But when you-all were sitting at the table
out here, we did the math, and I think the sheriff was even here when
we did some of that math, and it brought it down to -- I don't know --
it was 162 or 163 per year the first year, and then the second year,
when we added those in -- and we acknowledged even the second year you
may need one or two more beyond this split for a total of 13 or
something over two years, but that that would then bring you down to
150 or a little below 150 actually. MS. KINZEL: Right.
COMMISSIONER CONSTANTINE: And that was just trying to ease it in
over two years. Doing half of them did make it a lower number for
next year, certainly better than where we're at. But I think there
was, for me anyway -- I don't know if there's a commitment from the
whole board, but to make sure we did phase it in all the way over two
Page 46
August 3, 1999
years, but just to try to make it affordable. That's why I was doing
it in two years instead of one lump year.
CHAIRWOMAN MAC'KIE: Commissioner Norris.
COMMISSIONER NORRIS: Well, Madam Chairwoman, we're getting back
into the same issue we always get into on the sheriff's budget, and
that is, the county commission is being put in the position of
deciding operational questions for the sheriff, and that's not our
job.
I say this every year, several times a year when we're doing
these budgets, it's not our job to decide where you're going to spend
$375,000 or whatever. You know, we decide on a total amount of money
for you. You decide how to spend it. I mean, that's your job. You
decide what you need to spend this money on that we're going to
approve for you, to do the best job in the best interest of the
citizens of this county. That's not our job.
MS. KINZEL: We agree with that, Commissioner Norris, but I think
the point in bringing these back for reconsideration is that there
also has to be a basis for the cuts. And when you determine the flat
amount of money that we're going to get in the sheriff's office to
operate, we need to point out to you and to the public the services or
the type of workload and caseload impacts that these cuts are going to
have.
And we think it was significant enough, particularly in light of
the Marco, in combination, a $1.9 million cut severely impacts the
operations of the sheriff's office.
So my only reason for going over each of these points is so that
you do have an understanding of the types of things that we are very
concerned about with the budget the way it sits right now.
COMMISSIONER NORRIS: And yes, and we did this in June, you see,
and that's why I'm saying now, again, you're trying to put the
commission in the position of saying, grant the sheriff more money
because we need to do this operation or this operation. Well, we've
already been through that.
MS. KINZEL: Well, here's our primary concern. When you set the
millage rate today, it's prior to the workshops, or excuse me, the
budget hearings or the public hearings in September. If you set that
millage too low today and the public -- or we get a hurricane in
between now and then or the public comes in here next month and says,
we would like more money, we don't really have the flexibility of that
millage going up.
COMMISSIONER NORRIS: Crystal, you're talking about two budget
years, two separate budget years. MS. KINZEL: No.
CHAIRWOMAN MAC'KIE: No, no.
MS. KINZEL: Not really, because the reserves are already
budgeted for the carry-forwards. So if we're greatly impacted this
year in reserves, your carry-forward for next year is going to be
impacted, so that still does play a part here.
And our fear and our reason for bringing this forward today is,
today's the day you set the millage. And if it's set low, we have no
flexibility for September.
COMMISSIONER CONSTANTINE: There is actually a process if we need
to increase it, in the event -- you mentioned a hurricane. That's a
fair analogy, or a fair example is, if we had to spend a big chunk of
reserves, that could potentially put us in a bind for next year.
Page 47
August 3, 1999
There's a process we can go through in an emergency type like that
where we can adjust the millage up. It's a cumbersome process.
MS. KINZEL: Very, and costly.
COMMISSIONER CONSTANTINE: It's not one we're going to do --
true. But one that would be warranted in the event we had a hurricane
that spent down those reserves. Probably not one that's warranted to
just add in another line item.
An so it's -- for all intents and purposes, on regular line
items, we're not going to increase it, you're right, but to use the
emergency situation, I think is -- we're not limited on that. I don't
think we would limit on that.
MS. KINZEL: Well, I guess I was looking at it in the big picture
of balancing. If we have to draw down on reserves for those
emergencies, it gives less flexibility then for the line items adjust
-- line item adjustments that may become critical for our operations.
CHAIRWOMAN MAC'KIE: Mr. Fernandez has been very patient.
MR. FERNANDEZ: Madam Chairwoman, I wanted to call to your
attention, there's another procedural consideration here, and that is
that your budget policy calls for you to reconsider all other items
that were presented in the budget process and not funded if, in fact,
you reconsider these.
If you put yourself in a posture of having to take another look
at your budget priorities, it requires you to look at things that we
may have considered in April and early in this process and rejected,
things that I have -- I have taken out of my budget proposal and bring
back to you.
We have a list of record -- or requested but not recommended, and
we have a list of those things that I recommended and the board took
out of the budget. Your policy calls for you to consider those as
well so that your decision reflects your priority given all of these
things compared to each other.
CHAIRWOMAN MAC'KIE: What I understand that the sheriff's office
is asking us on these two items unrelated to the reserve question is,
to set a millage rate cap that gives us the flexibility to look at
these questions in September, and perhaps we would also look at
others. And if the policy requires it, that would have to be done. I
don't think it means that every single one of them has to be discussed
by this board again. It would mean that a review has to be made about
the total priorities.
But frankly, you know, I don't have a whole lot of desire to
change my mind after what we went through at budget hearings, and I
don't want to mislead you into thinking that I'm going to be ready to
change a vote in September, but I do have a little bit of interest in
having some flexibility in the millage rate, in the millage cap, to be
able to listen to a case if one can be made in September.
COMMISSIONER NORRIS: Okay. Well, let me see if we can start
making some progress here, and then -- I'll go ahead and make a motion
that on 11 -- what is this -- ll(a)3, that we deny the request.
CHAIRWOMAi~ MAC'KIE: I don't think it's a public hearing, so I
wouldn't have to close it, but there may well be speakers also. So
there's a motion on the floor. Is there a second for the motion?
COMMISSIONER CONSTANTINE: I'll second it just to keep it there.
And let me say this. There is a budget process we go through and the
sheriff goes through, and Crystal and everybody spent their entire
spring on, and it's a very deliberate process. And I think to try to
alter that now, literally 24 hours before we need to change that or
Page 48
August 3, 1999
turn that in to Abe Skinner is outside that process and it is probably
not appropriate.
I'm not likely to support altering the millage rate we came up
with in June. I think we went through a long process. We saw
everything at the same time and very carefully decided what we thought
were appropriate numbers, and I'm still comfortable with that.
I agree with Commissioner Norris that you-all can choose to fund
whatever you do with that bulk, including these or other things.
I want to mention one thing though. I leaned over and I asked
Commissioner Mac'Kie. I thought when we were talking -- and while,
again, it's your choice, we talked about different things that we saw
as priorities or not, and I know the sheriff said, boy, if we have to
cut things, what would you recommend? And I thought when we talked
about having a new bailiff in each courtroom, that the board was
pretty comfortable with that. So when that reappeared on here as
another line item, I think we had envisioned that included in whatever
the lump sum was anyway.
CHAIRWOMAN MAC'KIE: I thought we kept the three bailiffs --
COMMISSIONER BERRY: I did too.
CHAIRWOMAN MAC'KIE: -- and maybe four.
COMMISSIONER CARTER: I think we did too.
COMMISSIONER CONSTANTINE: And I think we had said -- I can't
remember. We might want to go back and look, but I think we may have
talked about having one roving -- CHAIRWOMAN MAC'KIE: Rove.
COMMISSIONER CONSTANTINE: -- instead of several.
MS. KINZEL: I, too, thought that was the direction, but in the
final summary that -- they're not funded, and that's a huge concern
for us. Also the shift in the Marco Island policy. CHAIRWOMAN MAC'KIE: I understand.
MS. KINZEL: And it puts us right back to where we were with the
CHAIRWOMAN MAC'KIE: We're not going to have that debate.
COMMISSIONER CONSTANTINE: And I was going to touch on Marco, but
I wanted to finish it. I don't know, when you say they weren't funded
because -- again, we don't have the authority to fund or not fund
individual line items. But I really thought the discussion was, we
liked those items and hoped you included those as part of that. I
thought we were talking about those items, the bailiff items.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Mr. Fernandez.
MR. FERNANDEZ: I think we can cut this short. We had
recommended the three. We thought that the board's action was to cut.
If, in fact, that was not your intent, we can just say right now the
three are back in.
COMMISSIONER CONSTANTINE: Yeah. And the only other item was the
Marco one, and that is, right now all we have to go on is, I have our
prior information and I have a letter here signed by both our chair
and by the sheriff requesting a response from the City of Marco, and
we don't have that response. And I think we're all frustrated by
that.
CHAIRWOMAN MAC'KIE: Well, we do have.
COMMISSIONER CONSTANTINE: I will -- well, not in any -- not
consistent with what they have told us over the months.
CHAIRWOMAN MAC'KIE: Correct.
Page 49
August 3, 1999
COMMISSIONER CONSTANTINE: So I do hope that we can all work
together on sorting that one out. And I realize that particular item
may be a problem and we may need to readdress that. And I think -- I
recognize that, probably the board recognizes that up front.
The other ones I just -- hopefully you can plug in as you see as
a priority. But Marco is a problem. Without getting definitive or
consistent answers, it's hard for any of us to work on that, and we'll
just pledge to continue to work with you.
COMMISSIONER CARTER: Madam Chair?
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER CARTER: One thing, back to the bailiffs.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: It was my understanding that we had
approved three bailiffs and that the roving security was going to be
provided by Skip Camp's group. That was the direction that we were
going with that. That's how I understood it.
CHAIRWOMAN MAC'KIE: So is that not -- if -- when Crystal totals
up the cuts and subtracts them from their request, her math indicates
that we must have cut those three bailiffs because the dollars don't
add up.
MS. KINZEL: That's what was indicated in the budget document
that came back to us, is that those were cut.
COMMISSIONER CONSTANTINE: My only point -- and again, I agree
completely with Commissioner Norris, whatever your priorities are are
yours to make.
My only purpose in bringing that up is that as you go back and
try to figure out, okay, you know, what can we afford to do here and
what can't we, I think -- and we've now heard three members of the
board say their recollection is, that was something we did want to
see. And so I don't know what the summary said, but I just hope, you
know, you realize where we're coming from on that. I don't want to
get into whether it should be or shouldn't be, because it should be,
in my opinion. But you guys will figure that out.
CHAIRWOMAN MAC'KIE: But we have to answer that question --
MS. KINZEL: Funding
CHAIRWOMAN MAC'KIE: -- from a fiscal perspective, and that is,
if the three bailiffs are in, what's the dollar cost of those three
bailiffs, Mr. Smykowski?
MS. KINZEL: 338,900 was the budget, I think --
CHAIRWOMAN MAC'KIE: For seven?
MS. KINZEL: Right. The three new ones were 254,300.
COMMISSIONER CONSTANTINE: And my point is, I'm comfortable with
the dollar amount. But just when we're talking about what that dollar
amount covered and what it didn't cover, it's not up to us to pick and
choose each of those --
COMMISSIONER BERRY: That's right. It's up to them.
COMMISSIONER CONSTANTINE: -- but we had tried to give some
indication to the sheriff, and we were comfortable with those. But
I'm not trying to alter the dollar amounts, so I'm sorry if I was not
clear there.
COMMISSIONER CARTER: Well, I guess what I'm hearing is, altering
the dollar amount would only take that total budget and add 254,000 to
it. And the question then becomes, how would that adjust the -- where
we finally end up. 254,000 out of 60 million is not -- CHAIRWOMAN MAC'KIE: Right.
COMMISSIONER CARTER: -- I mean, I wouldn't think is too much.
Page 50
August 3, 1999
COMMISSIONER BERRY: In other words, what's it do to the millage.
CHAIRWOMAN MAC'KIE: Right. I am interested in putting that
254,000 in the sheriff's budget for this -- that purpose.
COMMISSIONER CONSTANTINE: My recollection was that if we
included those in there, then whatever number we've come up with
already is inclusive of those. So I don't have an interest in adding
more in, because it -- in what we were suggesting, it was already
included.
MR. SMYKOWSKI: My recollection from the workshop --
CHAIRWOMAN MAC'KIE: My inquiry is, is there -- is there some
kind of a scrivener's error? Was there some sort of error in the
math?
MR. SMYKOWSKI: I don't believe so.
CHAIRWOMAN MAC'KIE: Because we want the money in.
MR. SMYKOWSKI: There was 2.7 million that was on the table and
expanded. I remember from the workshops, Commissioner Constantine --
where they talked about a number, reducing that to 3 million. The
issue of the bailiffs came up. And my recollection was the board
said, if that's something that is a high priority for the sheriff
within the midst of that 3 million, that's something he would fund.
CHAIRWOMAN MAC'KIE: My recollection is that we agreed to leave
that $254,000 in the sheriff's budget.
COMMISSIONER BERRY: We probably did.
COMMISSIONER CONSTANTINE: We came up with a -- we may have, but
we came up with a dollar amount, and I can't tell you whether it was 3
million or what it is, but we came up with a dollar amount --
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CONSTANTINE: -- that the majority of the board
agreed upon.
CHAIRWOMAN MAC'KIE: Okay. Let me just poll the board. Is there
any interest in changing the total amount of the sheriff's budget with
regard to the bailiffs, the 254,000?
COMMISSIONER CONSTANTINE: No, because I think they already --
COMMISSIONER NORRIS: You can call the question. That will do
it.
COMMISSIONER CONSTANTINE: Oh, yeah. We already have.
CHAIRWOMAN MAC'KIE: That's right We have a public speaker on it
though.
MR. FERNANDEZ: Mr. Gill Erlichman.
COMMISSIONER NORRIS: He's gone.
MR. FERNANDEZ: That's the only one, we have.
CHAIRWOMAN MAC'KIE: Okay. In his absence, I'll call the
question on the motion. Ail in favor, please say aye.
COMMISSIONER NORRIS: Aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Opposed? Aye. What was the vote?
COMMISSIONER CONSTANTINE: Four to one?
CHAIRWOMAN MAC'KIE: Where did you vote on that, Commissioner
Carter? I didn't hear you. Was it four to one?
COMMISSIONER CARTER: It was add the other 254 back in, right?
CHAIRWOMAN MAC'KIE: Okay. So it's three to two.
COMMISSIONER CARTER: I'm going with you, Chairwoman Mac'Kie. I
think it should have been put in there if there a question on it.
CHAIRWOMAN MAC'KIE: Three to two, but it doesn't do you a lot of
good because it's still a no. Okay.
Page 51
August 3, 1999
Item #11A2
RECOMMENDATION THAT THE BOARD ENDORSE A RECRUITMENT AND RETENTION
ADJUSTMENT FOR THE COLLIER COUNTY SHERIFF,S OFFICE DURING FY 1999-2000
- 3.5% INCREASE TO BE MAINTAINED FOR THE SHERIFF'S OFFICE! COUNTY
ADMINISTRATOR TO WORK WITH SHERIFF'S STAFF FOR NEXT YEAR'S BUDGET
PROCESS
The second question had to do with raises.
MS. KINZEL: Right. And we have here today a representative from
Arthur Andersen, Sandra Gaffin, and she wants to just give you a
little more information on the pay plan proposal you see before us.
We did not have this included in our base level budget because we
didn't have the final results back and we hadn't had it confirmed by
an outside source.
We've done that step now. This all ties in a little bit to the
millage and the reserve and all of these issues, and it's to advise
the board that we are under in the pay plan area, once again.
Usually in the pay plans, you get those reviewed every couple of
years. We're past that. Last time that we did implement a full pay
plan adjustment was in '96. We partially implemented that plan
adjustment because of the total cost. We had to cut back on that.
So I'd just let her give you a little more information. If you
could just keep in mind, all of the issues though with Marco and the
bailiffs, and while we're talking about a flat dollar amount, there
reaches a point when you cut that flat dollar amount to a certain
level, you have no options to fund many of those services that are
going to be required. And I do --
CHAIRWOMAN MAC'KIE: I'm going to jump in and say though that
this frustrates the beck out of me, because if I were able to control
your budget, this would be my highest priority for where you'd spend
money. And I'm so frustrated that we got a budget this year that
didn't include raises that I think are appropriate for agency staff.
I understand you didn't have the final, final report and all that
stuff, but --
COMMISSIONER NORRIS: I don't think they even mentioned it.
CHAIRWOMAN MAC'KIE: If I had the authority to tell the sheriff
how to spend his money, this is the first place I'd tell him to spend
it.
MS. KINZEL: And I really appreciate that philosophy.
Unfortunately, the funding requirement of the $2.6 million, with the
cuts that we saw from just growth items, we would not be able to fund
anything like these potential pay plan adjustments.
COMMISSIONER CONSTANTINE: I've got to share some frustration
though in that, as I said, there's a deliberate process that we all go
through in the budgeting process. Timing of it is identical every
year. Has been for the seven years I've been on the board, the 10 or
12 years that the sheriff has been sheriff, and it's just very
frustrating to have this never even mentioned, not one word mentioned
during the budget hearings, and then it comes back after we've already
set a millage rate. There's a great deal of time and effort that goes
into that from Mr. Smykowski and his staff. And to come in literally
24 hours before and say, oh, yeah, by the way, there's one more pretty
big chunk item.
CHAIRWOMAN MAC'KIE: Whoops.
MS. KINZEL: Again --
Page 52
August 3, 1999
CHAIRWOMAN MAC'KIE: Why don't you speak to that for us, Sheriff,
before we hear --
SHERIFF HUNTER: I'm frustrated as well with this particular part
of the process. As was indicated to you, we did try to conduct a
survey, to try to get it into the budget this year. What you will
hear, if you permit the presentation, is that it is a significant
amount of differentiation between this agency and other agencies in
the state that we did not predict. I didn't know that we were so far
below market.
We've also asserted to the board, for as long as I've been
sheriff, that each time you conduct a salary survey, please conduct
one for us as well, then we don't have to do an independent, and you
can be assured of the validity of the numbers that come back to you.
But each -- what has happened each year is that the surveys are
conducted -- well, in the years that you've conducted the surveys on
salaries, and we have not been included, which causes us to have to
back and fix that, so we are a little out of sync with you, and we did
hope that with the contingency reserve available, maybe we could get
by this year. But the numbers came in much more significant than what
we thought they would be.
CHAIRWOMAN MAC'KIE: Why is that, Mr. Fernandez?
SHERIFF HUNTER: So I apologize for that. And I am frustrated by
it as well. But nonetheless, we feel that you need to be aware of it.
This may be our only and last opportunity to make you aware and to
cause monies to be available so that we can fund it, as well as the
public safety growth issues for next year.
CHAIRWOMAN MAC'KIE: I'm going to retract my question, Mr.
Fernandez, and ask instead, could we be -- can we work together on
this in the future for salary surveys?
MR. FERNANDEZ: Madam Chairwoman, I suggested this myself last
week in a meeting with the sheriff's staff. I felt that these issues
are the same for county agencies as they are for the sheriff's agency
in terms of competitive salaries, being able to retain qualified and
quality employees. And I thought that we would be much more
successful in making our case to the Board of County Commissioners if
we came to you together. So I propose that we do that for the next
budget process, that we do the salary analysis together and bring to
you a full package that includes all the employees.
CHAIRWOMAN MAC'KIE: So at this point, is there interest or is
the board willing to hear the salary information before we set the
millage rate for the sheriff's office?
COMMISSIONER CONSTANTINE: It seems to me to be a little out of
place. I understand the work that's gone into it, and I understand
where you're trying to
Having gone though the budget process, having tried to assess all
priorities while trying to stick to our stated goal of remaining
millage neutral or less, to come in and do this now at, what does
cause an increase, seems out of line, seems inappropriate.
And I know what you're trying to do, and if your timing got
thrown off, I don't blame you for coming and asking. But I guess I
would rather see the two work together on this and go through.
I also, just -- and this is maybe -- sit down sometime outside of
this meeting, but I'd love to sit down and go through the numbers with
you. I know we did in '96, I guess, it was a fairly significant
adjustment across the board on your pay plan, and most of that was
Page 53
August 3, 1999
implemented. I think it was about the same time we did ours, and then
have had some cost of living increases the last couple of years.
But just to -- I'd love to sit down and go through in probably
greater detail than we can here how that's impacted, because I have no
idea what other sheriffs are doing around the state or, you know, what
competition you're facing.
I know in '96 we were seeing some attrition because of it. You
were losing people because of pay, you were fairly comfortable the
next couple of years that we were able to hold them in. And I'm just
wondering how far we've slipped in the last year or two on that. But
I'd like to do that in some detail, I guess, outside this forum.
CHAIRWOMAN MAC'KIE: My question for the board on that issue --
and I guess this is a Smykowski question too -- is if we were to adopt
a millage rate that's millage neutral, how much money would that give
us to be able to listen to this presentation in September in the
budget hearings?
COMMISSIONER BERRY: Yeah. You want to know what the wiggle room
is.
CHAIRWOMAN MAC'KIE: What's the wiggle room? If we adopt --
MR. FERNANDEZ: Just over a million dollars to remain --
CHAIRWOMAN MAC'KIE: -- a neutral, a millage neutral budget, does
that accomplish much?
MR. SMYKOWSKI: It would give you approximately a million dollars
net for appropriation after tax collector fees, revenue reserves, et
cetera.
COMMISSIONER CONSTANTINE: I would tell you, the problem I have
with that is we have a month's long procedure, we have four full days
of hearings, and at the end of that and a great deal of work, effort
and thought, we come up with a number that we think is appropriate.
And to just throw out another number now essentially tells me I wasted
all of my time all spring and in the month of June, because we're just
going to have the same millage rate as last year so that we can talk
about it some more in September.
CHAIRWOMAN MAC'KIE: And as important as that is and as
frustrating as that would be, I'm still willing to consider it,
because I have some of the knowledge of what the attrition rates are
and just how horribly the bleeding is in the sheriff's office, about
how badly they're losing people.
COMMISSIONER CONSTANTINE: Maybe you could share those with us.
CHAIRWOMAN MAC'KIE: Well, we can hear them from people with more
knowledge than me --
COMMISSIONER CONSTANTINE: Fine.
CHAIRWOMAN MAC'KIE: -- but Commissioner Berry.
COMMISSIONER BERRY: One of my concerns -- and I'm not going to
sit up here and take a slap at the sheriff's department, because I
hold the deputies and all the employees in that department in high
regard.
But it would seem to me that there had to be an indication of
where they were salary-wise, okay, which if I were -- I hate to say
this. If I were going to do this, then I certainly would have come in
the budget with a certain amount of money for X percentage of a pay
increase, knowing full well that this study was coming forward and to,
more or less, phase in, you're going to have a percentage this year,
and next year we're going -- depending on what the study finally says,
then we'll see what that final word is and, perhaps, come in the
budget next year for that final phase.
Page 54
August 3, 1999
I'm disappointed that on August 3rd, after we have, as
Commissioner Constantine said, sat through numerous days of hearings,
that suddenly we're being asked for 3.6, I believe it is, million
dollars. That really troubles me, when there was no indication of
that in June, or when we did the -- and I guess it was June when we
did those budget hearings.
I would have at least liked to have been -- if there was a
concern at that point in time, at least there should have been
something included in that budget to cover some of those increases, at
least get the process started and mention that this study is going on
and that there is a, you know, a very sincere feeling that they are
very far behind.
There's no question in my mind that the deputies and individuals
in this area, that they certainly need the money. I'm not -- I'm not,
you know, opposed to that at all. But the timing on this, I have to
tell you, Sheriff, really stinks.
CHAIRWOMAN MAC'KIE: How did we not even get a heads up?
SHERIFF HUNTER: May I, Madam Chairwoman, please, if you'll let
me?
COMMISSIONER BERRY: Yeah. We didn't know until this thing --
SHERIFF HUNTER: Yes. Excuse me. I have to correct the record.
CHAIRWOMAN MAC'KIE: What?
SHERIFF HUNTER: In June I did inform the board that there was a
pay plan adjustment pending, that we had a survey being conducted and
that we would present to the board the results of that pay plan
adjustment once we had the results of the study. I did -- and we can
go back and consult the transcript on that.
CHAIRWOMAN MAC'KIE: Looked at it.
SHERIFF HUNTER: You were notified at that time. We do not
misjudge this except that we did not know that the board would cut us
$2 million and also, once again, gut the contingency reserve.
The contingency reserve, once we had Commissioner Constantine
indicating that we had this policy and we had an agreement, it looked
-- it looked like things were going to work out okay, even though we
were now hearing some early reports that we were grossly underpaid, we
thought we could make it work. And this is part of the budget
process. We're still in the budget process until September 30th.
We have submitted a proposed budget, and I am asking that the
board at least entertain this consideration of an amendment to that
proposed budget, now that we have better information as we've moved
along, and before you set the millage.
CHAIRWOMAN MAC'KIE: Commissioner Berry.
SHERIFF HUNTER: That's all I've -- that's all this is about.
COMMISSIONER BERRY: Okay. My concern is -- Sheriff, is -- and
you just touched on it when you said the contingency. In my mind, you
don't use a contingency fund for salaries. And you just indicated
that by us adjusting the contingency fund, this has kind of gutted
part of your plan. And I have a concern over that. You shouldn't be
using contingency funds --
SHERIFF HUNTER: Well, I disagree with you.
COMMISSIONER BERRY: -- for salaries.
SHERIFF HUNTER: I disagree with you.
COMMISSIONER BERRY: Well, I don't. To me --
SHERIFF HUNTER: It's an unpredicted expense that the officer
shares.
COMMISSIONER BERRY: -- a salary should be in the budget.
Page 55
August 3, 1999
CHAIRWOMAN MAC'KIE: Excuse me.
COMMISSIONER BERRY: A contingency fund is based, as I believe is
stated, those are for emergencies, and I think we're playing -- we're
playing a game here. I mean, up until this point, I believed in what
you were doing, Sheriff. And now I'm really concerned when you said
that you wanted to use the contingency possibly for salaries. In my
opinion -- I don't know how the rest of the board feels, but I feel
that's wrong. That is something that you budget.
SHERIFF HUNTER: May I again?
CHAIRWOMAN MAC'KIE: Of course.
SHERIFF HUNTER: Please?
CHAIRWOMAN MAC'KIE: Yes, Sheriff.
SHERIFF HUNTER: I appreciate your comments. Well, I don't
appreciate them. I understand your comments, and I certainly
understand your frustration.
Let me tell you what it means to try to operate the agency. We
have roughly a thousand members. You have roughly same numbers. When
you're told, which I was, in approximately March of this year, April
of this year, that there's a possibility that we may be losing
anywhere from 20 to 50 members of the agency because they are looking
at other agencies from Orlando south and the Florida Department of Law
Enforcement, that is an emergency.
If I lose 50 members from a patrol component, that is a very
serious public safety emergency. I had some early reports about what
we may be underpaying our people, but I did not have a formal plan.
So I think we may dispute what an emergency is. If I lose those
numbers in the agency, I can't make it up with overtime because the
board's already cut the budget. I'm not sure how I would go with
that.
So I'm making the board aware, and I'm doing the best I can. And
I understand. I'd love to have had the information earlier.
We had -- we had a belief that we were only talking two or three
percent. We're not talking two or three percent under. And two or
three percent, I thought, was workable. I thought we could retain the
people in the agency. And I -- I almost dismissed those numbers that
we might lose up to 50 people. Because I said --
COMMISSIONER CONSTANTINE: How many people did you lose?
SHERIFF HUNTER: -- well, why would anyone leave for roughly the
same pay? But that's not where we are.
COMMISSIONER CONSTANTINE: How many did you lose?
SHERIFF HUNTER: I don't have a number. We haven't lost 50. We
still have the same threats out there in the sense that I'm being told
on the side that we have people prepared to leave the agency. And it
may be 12, 10 or 12. But we've already lost members.
COMMISSIONER BERRY: I agree. I'm not interested in your losing
people, because I think I understand the difficulty in your trying to
get people, to get them trained and that kind of thing.
But Sheriff, the thing that troubles me is that if there was a
pay dispute, that it is something that should have been recognized by
the agency and that there should have been something included in that
budget then for this pay -- for a pay increase, at least to start the
process, whether it's a two-year process for phasing it in or
whatever.
Knowing that this study was fully going to come, that would have
been fine. And yes, we'll sit up here and set the dollar amount, and
Page 56
August 3, 1999
it's up to you to decide how you want to spend it. If you want to
give them salary increases, that's up to you to do it.
SHERIFF HUNTER: Oh, I understand exactly what you're saying.
COMMISSIONER CONSTANTINE: Question. I think we set ours at
three and a half this year; is that right?
MR. FERNANDEZ: Yes, three and a half.
COMMISSIONER CONSTANTINE: Is it the same, what we had figured
in? Traditionally we've plugged in or -- CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER CONSTANTINE: -- the constitutional officers have
plugged in the same number?
MR. FERNANDEZ: Uh-huh. We fit your policy.
COMMISSIONER CONSTANTINE: So that was three and a half for this
coming year?
MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: Yes.
COMMISSION CONSTANTINE: Because it seems to me, that's the
thing. We're not -- your people aren't going to fall further behind.
I mean, CPI this past year was under two percent. So three and a
half is close to, literally close to double CPI.
What we ought to do right now -- I'm not prepared -- there's a
process set up. We gave that process, we've gone through that. It's
unfortunate this didn't come up as part of the process, but it didn't.
And what I think we ought to do is make a commitment to work together
in this coming year.
We've got human resource issues we need to deal with. We ought
to deal with the sheriff at the same time so that seven months from
now when we're in the next budget process, we're all dealing with this
very specifically.
And that's why I asked the question -- I'm just going to wait,
because I want the sheriff to hear all this too. I think if we have
the two human resources working together so that seven months from now
when we're working on the budget process, we can both be dealing with
those, because we've got some similar issues right now. And that's
why I asked the question, and I feel a little better anyway, at least
if it's a dozen or 20 folks -- hopefully we don't lose any, but that
are thinking about that and looking, that's a more comfortable number
out of a thousand than 50. I agree with you there.
CHAIRWOMAN MAC'KIE: I've got to pause you for one second. The
court reporter is completely out of paper. I was trying to get to the
end of your comments before --
(A brief recess was had.)
CHAIRWOMAN MAC'KIE: Okay. We're back.
COMMISSIONER CONSTANTINE: I think we ought to work together on
that. I do disagree. I think salaries, HR issues, are not an
emergency expenditure. Gosh, I've got to have this next week because
I didn't know it was coming up. I'm going to wait again. I want the
sheriff to actually be part of this conversation.
SHERIFF HUNTER: I'm sorry, Commissioner. Go ahead.
COMMISSIONER CONSTANTINE: I disagree. I agree with Commissioner
Berry that HR and salary issues, while individual incidents within
that could create an emergency, overall, that's not an emergency
expenditure.
The way a hurricane is or the way Y2K won't be, but could
potentially be, or any of those things, I think HR issues and salaries
are things that you can study, you can look at, you can say, gosh, we
Page 57
August 3, 1999
are at risk here, we need to correct it, but that's a planning
process. That's an ongoing planning process as opposed to Hurricane
Donna blowing in one week and we didn't have any idea the week before.
But I'd like to see us -- I'm not willing to reconsider the
number. I am, however, willing to consider this in the overall scope
in the upcoming year, because we're doing some similar things in our
HR. We've already given Bob some direction on that.
COMMISSIONER NORRIS: Is that a motion?
COMMISSIONER CONSTANTINE: No, but I'll entertain -- I'll be
happy to join one.
CHAIRWOMAN MAC'KIE: Mr. Fernandez and then the sheriff.
MR. FERNANDEZ: Madam Chairwoman, I just thought it would be
helpful to remind the board of the method that we used. When we came
to the board, we felt we needed four and a half percent at the time.
We didn't have our study completed either, so we didn't know what the
numbers would say.
Because we didn't have the study in hand, the board wasn't
willing to go the whole four and a half percent, and we ended up with
three and a half percent. Consequently, we're in the position now of
having to implement our survey, February 1st, I believe, is the date.
We're having to phase it in because we don't have full funding to do
everything that we would have hoped to do.
But I felt that that's the risk that we had to take at budget
time. We had to come to you and say, we're planning to do this. We
don't know what the number is yet. We think it might be in the four
and a half percent range, but we didn't know. And we had to -- and
I'm sure we all recall the very messy discussion we had about that.
It's not one of my fondest memories, but that's what happened to us.
We tried to anticipate a number that we couldn't.
CHAIRWOMAN MAC'KIE: Bob, are you losing employees at a rate
similar to this year?
MR. FERNANDEZ: I can't say that we're losing them at a
particular rate, but I do know we have particular pockets we're having
difficulty recruiting. We are losing some. There are departments
where that is more prevalent than in others.
COMMISSIONER NORRIS: Well, while there's a lull in the action, I
just want to -- for the record, I've heard a couple of people say that
we cut the sheriff's budget. Actually, for the record, we approved a
7.1 percent increase. Not a cut.
CHAIRWOMAN MAC'KIE: Okay. Sheriff.
SHERIFF HUNTER: Yes, may I?
On the issue on the matter of the pay adjustments, we go through
each year a similar process that Mr. Fernandez now annunciates, which
is simply, we try to predict what kind of adjustments we need in order
to retain people.
What I hope I've conveyed to the board was that we faced a unique
situation this year. The Florida Department of Law Enforcement, as an
example, we were told, is hiring 120 new people. That's 120 threat to
us. They were going to put most of those people on in the south
Florida area, which is not a large move if you live in Collier County.
Tampa and Lee County. That is a threat to us.
We were not aware of those position adjustments in the Florida
Department of Law Enforcement prior to this year. We were not aware
of it even in January of this year, nor in February. What I'm saying
is that -- and I know that you're subject to the same stuff that I am.
When I hear rumors, it's about three months old. That means I'm
Page 58
August 3, 1999
three months behind already before I can make a move and plan properly
for what I need to do in order to conduct business.
Unfortunately, I'm caught with that. This was rumors. We've
lost -- I've been handed a document that demonstrates that we have
lost 43 members as of the beginning of the calendar year 1998 through
roughly today in the correctional officer and law enforcement areas.
Correctional officers are important because you know I have a
jail first policy which says, you'll serve in the jail first. You
can't become a law enforcement officer until you've done that for 18
months. But unfortunately, other agencies in the region don't do
that, and they try to draw our jail deputies away into law enforcement
positions, which are the coveted positions, and they are successful in
18 incidents this -- for that period in doing that.
We didn't lose 50. We've lost 43. And in the period that I'm
talking about when I was first aware of this threat, and we might lose
an additional number, I'm going to say that we lost roughly 15, 17,
somewhere in there. But we still have a threat of losing additional
positions now.
What I'm asking the board for consideration on is that you
acknowledge that this may fit the definition of an emergency. I
consider it as such. We thought when we were going with the initial
proposal that we had this all covered because of the discussions
pertaining to the contingency reserve as well We did not know that
the board was going to go away from that and into a one and a half
percent --
CHAIRWOMAN MAC'KIE: Which we haven't yet done.
SHERIFF HUNTER: And I'd like to address that today, if nothing
else. If we could at least finalize that discussion so we know where
we stand --
CHAIRWOMAN MAC'KIE: We will.
SHERIFF HUNTER: -- relative to the salaries. And what we're
going to have to do, whether we give up the positions this year at
some -- and I don't know how we do that with growth and fund the
salaries so that we don't lose an additional 50 positions and compound
our problem of growth, trying to meet growth issues, or whether I'm
going to be able to fund some positions and the salary adjustments
necessary to retain the members.
And I'm relying upon professional help here in the form of a well
regarded consultant group on these salary issues as to what we need to
do in order to retain the people within the agency that we've -- we're
currently funding, and we have huge training dollars invested in and
experience.
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: I'm going to go ahead and make a
motion that we maintain the budget at three and a half percent
increase for sheriff personnel, and commit to have our administrator
and his staff work with the sheriff so that we can do a comprehensive
look this coming year, so that by next spring when we're doing our
budget process, all of us can be addressing this, because I think it's
a legitimate issue, but I think there's a time to go through this
process. And the three and a half percent should still be of great
assistance in maintaining those folks and then taking a real square
look at it in the meantime with them.
COMMISSIONER NORRIS: I'll second that.
CHAIRWOMAN MAC'KIE: My thoughts on that motion are that it's a
shame -- we are in the unfortunate position of putting form over
Page 59
August 3, 1999
substance if we make that choice, because the procedure then takes
precedence over the actual need.
I'm only willing to go so far as to adopt a millage neutral cap,
and that would allow us, as Mr. Smykowski said, a million dollars to
try to adjust both the sheriff, and if Mr. Fernandez has similar
emergencies, we could look at those in September, and then, as you
say, go forward with the rest of it, but -- and again, not committing
to that change, but to allow the possibility that we could hear
something in September that would allow us to -- that would convince
us that we need to spend that addition million dollars.
COMMISSIONER CONSTANTINE: Let me respond to that, if I can.
One, I don't -- I think it's extremely poor business practice to throw
out all the work you've done and arbitrarily choose a number, which is
essentially what you're asking. But I also don't believe that it's
accurate to say this crisis or -- that wasn't your word -- but that
the sheriff is facing, because 48 people in the past two years is
still well below the four percent attrition rate that we talk about
every year and that we budget for every year.
And so I understand your concern. And if there are a number of
people looking to move, you have a very valid concern. But the
numbers, when we say 48 people since the beginning of '98, is well
below what we budget for leaving every year.
And so there may be a concern boiling, and that's why I'm
suggesting we should address that and we should have our own HR
addressing the same concern for us. It's a great economy right now.
Times are tight. People have the luxury of looking around because
they're paying higher everything for things. But I think we need to
do a comprehensive study on that, our HR, sheriff's HR, work together
and bring that back as part of the next budget process.
CHAIRWOMAN MAC'KIE: The only problem is that, as the sheriff
said, by the time he gets information, gets knowledge that the pot's
boiling, it's old info. And the problem of losing staff in the
sheriff's agency is a little more severe than our agency losing
personnel because of the nature of their work. But -- does anybody
else have something to say on the motion?
COMMISSIONER NORRIS: Could you call the question, please?
COMMISSIONER BERRY: Restate the motion.
CHAIRWOMAN MAC'KIE: Well, first let me see if anybody else has
something to say on the motion.
COMMISSIONER BERRY: Restate the motion.
CHAIRWOMAN MAC'KIE: Would you restate the motion, Commissioner
Constantine?
COMMISSIONER CONSTANTINE: The motion was to maintain the budget
at three and a half percent increase. I think that was it. Obviously
you can do more or less than that if you want under statute, but that
was the number we had plugged in for increase for the sheriff's
personnel, and commit our administrator and his staff to work hand in
hand with the sheriff in the upcoming year for an in-depth study to
make sure if there's a problem out there we address it both on our own
staff and the sheriff's.
CHAIRWOMAN MAC'KIE: And the proposal I hope to offer in the
alternative if that motion were to fail, is that we adopt a millage
neutral cap and listen to the sheriff's case in September, at which
point we may go exactly back to what Commissioner Constantine just
described, or we might adopt up to a million dollars of additional
funds for salary.
Page 60
August 3, 1999
You had something to say, Mr. Fernandez?
MR. FERNANDEZ: Just a little piece of perspective. We lost 180
people last year. That's an indication of our turnover rate.
CHAIRWOMAN MAC'KIE: Not apples to apples, but it's information.
SHERIFF HUNTER: Well, we lost 90 total. I was trying to give
you a sense of what --
CHAIRWOMAN MAC'KIE: I understand.
SHERIFF HUNTER: -- what is currently looming on the horizon,
rather than go back and reconstruct what happened to us. We -- just
in our resignations we lost approximately 70.
CHAIRWOMAN MAC'KIE: Okay. Before we go into, you know --
COMMISSIONER CARTER: Well, I'm just going to make one other
comment. As we address this issue, remember every time you replace
somebody, it's going to cost you 100 percent or better of whatever you
were paying them. If you paid them $30,000 going out the door, it's
going to cost you another 30 grand to get somebody up to speed. Now,
those are national statistics. It was at 93 percent, but it now
exceeds that.
So it is a dilemma and it is a problem. And we -- and I think
we've got to go in the direction of trying to resolve that. We're not
going to do it here this morning, but it's a wake-up call that if we
don't get a good plan together and reduce the numbers turning over,
wherever they are, it's very expensive.
CHAIRWOMAN MAC'KIE: Any further comment? Motion and a second on
the floor. All in favor, please say aye.
COMMISSIONER NORRIS: Aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Opposed? Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Passes three to two.
Item #11Al
RECOMMENDATION THAT, IN ADDITION TO THE SHERIFF'S OPERATING BUDGET,
THE BOARD PROVIDE A 5% RESERVE FOR CONTINGENCIES FOR THE SHERIFF'S
OFFICE IN FY 1999-2000 - CHANGE AS RECOMMENDED BY COUNTY ADMINISTRATOR
REGARDING RESERVES
The only item then left, I think, for our discussion would be the
-- whether or not we want to make the policy change on the reserve
question.
COMMISSIONER NORRIS: Okay. And let me comment on that. I think
we -- earlier we went through all of the legal questions and
everything. We found out that yes, if we make a policy change, that
there's no restriction on how we can use the funds. We've heard from
our manager that Moody's says that it will actually help our bond
rating, and they are the people who give you the bond ratings,
Moody's, and the other people. And so if you hired this manager to
manage -- and we had a long discussion about that a few months ago --
that's what he's recommending to us, and I think we should go with his
recommendation, and I'll make that a motion.
COMMISSIONER BERRY: I'll second it.
Page 61
August 3, 1999
CHAIRWOMAN MAC'KIE: I thought that the conclusion that I drew
from the discussion was almost the opposite of that, and that is that
there was no legitimate reason to make this change, because the --
because of the testimony we got from Mr. Mitchell that, in fact, it
isn't an issue with the bond raters and that, in fact, it will raise a
red flag if we flip and go to a three and a half reserve on cash flow,
they will wonder, instead, do we anticipate our revenues going down,
otherwise, why would we be increasing the cash flow reserve, that he
raised it and indicated that he thought it would do exactly the
opposite to our bond rating.
COMMISSIONER CARTER: I'm going to take the position,
Commissioner Mac'Kie, that if I was sitting on the outside and watched
this flip-flop, that it would raise concerns in my mind. CHAIRWOMAN MAC'KIE: Me too.
COMMISSIONER CARTER: And I agree we hire a county administrator
to come up with plans and make decisions, but ultimately a board of
directors is not the only occasion where a board will override a CEO.
And in this case, I am not in favor of changing what we've been doing
in the past.
I have some concerns that if we change it, it would raise some
flags. I think I listened attentively to what Jim Mitchell and the
clerk said, and I'm more inclined to look at -- if we're looking at
what actually is there versus what is budgeted, that is two different
items. I've got to go with what's actually done versus what's
budgeted.
COMMISSIONER CONSTANTINE: I'm going to vote in favor of the
change, but I'm also -- there's nothing to prohibit us from altering
that change in September.
COMMISSIONER NORRIS: It's a policy.
COMMISSIONER CONSTANTINE: Yeah. It's a policy. The money
amount, total, is the same. And during the September hearings, if we
choose to alter those funds -- and what I'd like to do is have some
definitive response in that time frame from Moody's and from some
other people who are experts in the field so that we can make it.
I lean toward it for the reasons that Mr. Fernandez has outlined,
but I think the sheriff has raised some very valid questions, and I
think they need to be clearly answered. And if we can get those
answers between now and September 21, that option is still open to us,
and I'll be happy to entertain that in the process.
COMMISSIONER NORRIS: Before you call the question.
CHAIRWOMAN MAC'KIE: Yes, sir.
COMMISSIONER NORRIS: I guess this whole discussion this morning
has got me a little confused, Sheriff, because you've told us that you
have never dipped into reserves for contingency, yet at the same time,
you seem very concerned that you have a large amount of reserve for
contingency available to dip into, so I really don't understand it.
I'm confused about that.
SHERIFF HUNTER: Yes, I am. I'm concerned on having available --
am I being permitted to speak now?
COMMISSIONER NORRIS: Oh, sure.
CHAIRWOMAN MAC'KIE: Please do.
COMMISSIONER NORRIS: Yeah, I asked you a question.
COMMISSIONER CONSTANTINE: Not only permitted, but encouraged.
SHERIFF HUNTER: Yes. We have several things, I think I
enumerated very well. And for the public good right now, since I'm
Page 62
August 3, 1999
being challenged on this issue, once again, I don't believe we're
being -- I hope that the board is not mistrusting me.
We have the Y2K issues that the State of Florida has gone to
great expense in informing law enforcement about what that means to
us. This is coming from the Florida Department of Law Enforcement.
I'd be happy to give you a briefing on that as well, but I don't
believe we should do it in this forum.
I have a great concern about the Marco Island situation and
leaving them with no law enforcement. Once again, being put in
exactly the same position as last year with no monies available for
patrol. So I am asking you to consider that.
And I now am aware that we may be losing a large element of the
agency, which I have now informed the board on the record as part of
your liability, because if you fail to fund me and we lose a large
contingent of members -- and I wished that we had had a full
presentation to the board, and that's why we've asked a consultant to
be here, for the record, I am informing the board that we have the
potential of losing a large element of the agency and being unable to
provide the same levels of public safety that we've been providing the
board and this community, because we -- we don't control that. We
don't -- when a member leaves for roughly exactly the same money or
slightly more, I don't know how to -- how to turn that.
COMMISSIONER NORRIS: I don't believe that was my question
actually.
SHERIFF HUNTER: Well, you wanted to know about my contingency
reserve concerns. I am very concerned about having a contingency
reserve for emergencies.
CHAIRWOMAN MAC'KIE: That's why.
SHERIFF HUNTER: These are emergencies.
CHAIRWOMAN MAC'KIE: Personnel are leaving.
SHERIFF HUNTER: I just gave you the reasons.
COMMISSIONER NORRIS: Well, if the personnel are leaving, then
obviously you're not paying them any more, so you have a lot of money
left over that you didn't use.
CHAIRWOMAN MAC'KIE: Good Lord, John. We can't just have fewer
cops in a community that's growing at this rate. They can't just
leave and not be replaced.
COMMISSIONER NORRIS: But you can't -- you can't say on the one
hand, I've lost 100 people, and on the other hand, I have to have a
lot more money to pay all those 100 people, because they're not there.
You're not paying them.
CHAIRWOMAN MAC'KIE: No. What you have to say is what
Commissioner Carter pointed out. I've lost 100 people. Now my
expenses double because I have to not only get those people back, I
have to train them, and the national statistics show that that's a 100
percent increase.
COMMISSIONER CONSTANTINE: Comment?
SHERIFF HUNTER: We'll also be paying overtime for that period of
time that you're trying to recruit, train and hire. COMMISSIONER CONSTANTINE: Comment?
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: I understand you have a concern and
you have heard that people are considering leaving. The numbers bear
out that right now you are still below the budgeted amount of
attrition.
Page 63
August 3, 1999
SHERIFF HUNTER: No, that's not correct.COMMISSIONER CONSTANTINE:
Well, the numbers you have recited to me --
SHERIFF HUNTER: No. I only gave you two elements. We're
actually at six percent or better.
CHAIRWOMAN MAC'KIE: Agency wide, which is the attrition budget
number.
COMMISSIONER CONSTANTINE: Earlier you asked us, you said, I hope
the board will also recognize on the record that the salary and HR
issue is an emergency and -- could be an emergency, and I'm not
willing to do that.
I think that's one of those that, you hear that, you have to
react to that. Your HR has an ongoing job. And that is not the same
as a hurricane that you have three days' notice on. It's not the same
as, you know, Y2K, if you have to fulfill what you're doing, what you
described with those.
And so I'm not willing -- I don't know how the rest of the board
feels. It's an important item, but it's not under a contingency
emergency the same as a hurricane or one of those. It's one we have
to plan for, one we have to take care of, and take care of employees
with. But to try to describe that and put it in the same category, I
just disagree with you. We may disagree.
CHAIRWOMAN MAC'KIE: And I'm going to disagree with you too
because the reason -- it's different -- I know. It's so unusual for
us to disagree. But the fact of the matter is, is that, if we are
short-staffed as a county agency, that is not an emergency like a
hurricane. But if the sheriff should be short road patrol staff --
likewise, if he's short clerical staff, it's not an emergency. But if
he's short road patrol staff to a point that he can't fund them from
overtime and can't adequately provide law enforcement, that's as much
an emergency as a hurricane. That's my opinion.
Are there any other comments on this question?
SHERIFF HUNTER: I would add that -- to build upon your point,
Commissioner, that if the board would merely put this in the context
of EMS crews, and if you lose 10 people from an EMS group, what that
represents to the board in terms of an emergency. It depends on
whether you consider being unable to respond to medical emergencies an
emergency to you.
COMMISSIONER CONSTANTINE: Just to be clear though, you're not in
that situation right now? That's -- SHERIFF HUNTER: Well, yes.
COMMISSIONER CONSTANTINE: -- something you're concerned about
could happen, but that's --
SHERIFF HUNTER: We are on the cusp of it, yes. We've lost 43;
you said 48, just --
COMMISSIONER CONSTANTINE: Road patrol deputies?
SHERIFF HUNTER: A mixture of road patrol and jail deputies who
would --
CHAIRWOMAN MAC'KIE: Just the same.
SHERIFF HUNTER: -- become road patrol in the next academy. So
yes, road patrol. We are told that we may be losing blocks of people.
This isn't the creeping issue that is being portrayed. It's not one
here, one there. We're being told we may lose five and 10 at a time.
That's a significant issue for us --
COMMISSIONER CONSTANTINE: I just want to make sure --
SHERIFF HUNTER: -- if we can't remain competitive in pay.
Page 64
August 3, 1999
COMMISSIONER CONSTANTINE: I just want to make sure it's painted
accurately in the media that we may lose five to 10, we may -- certain
things may happen, but I want to be very careful that it's not going
to be mayhem in the streets this week. We're not so shorthanded on
road patrol deputies that you have inadequate response right now.
And I appreciate the concern that we may be there and we need to
address that, but I don't want to it be mischaracterized that, golly,
you are so shorthanded that we're going to mayhem in Collier County
tomorrow.
SHERIFF HUNTER: Well, let me ask this question. If that
happened, would you consider that to be an emergency? If we began
losing five and 10 at a time, and we have the potential of losing 20,
30, 40, maybe 50 people, do you understand that to be an emergency?
CHAIRWOMAN MAC'KIE: Because you can't --
SHERIFF HUNTER: And have I ever, ever come before this board and
made these representations before? And I have been sheriff 10 years,
eleven years, a lifetime, and it seems -- this is an usual
circumstance I'm making the board aware of. I don't expect to be here
next year saying the same thing. I'm hoping that we can cure this
defect. I hope to retain the qualified members. And I'm not trying
to create some crisis. I'm merely communicating it. I didn't do it.
I didn't create it.
COMMISSIONER NORRIS: And once again, if the sheriff's department
is short a large number of personnel, there's absolutely nothing in
the world from stopping you from raising the salaries with that money
that you're not paying for salaries, raising the salaries of those
people who are still on board and offering new hires the same amount
of increased pay? There's nothing to stop you from doing that? Sure
you're --
SHERIFF HUNTER: Except money.
COMMISSIONER NORRIS: -- going to be shorthanded, but the way
you're looking at it, you'll be less shorthanded than otherwise if you
don't make pay adjustments on your own.
SHERIFF HUNTER: No, sir, that mischaracterizes. We would have
to pay overtime in order to staff the patrols and the investigator
positions while we're waiting the arrival of the new people. If we
then add a pay adjustment on top of that overtime, we run out of money
at some point along that venture, especially if we're faced with a
whole fiscal year to do that in.
If we're only talking a month or so, we can probably get by on
that. But we're not planning -- what I'm hearing from the board,
we're not planning on this potential, and we're not listening to what
the gross underpay is.
COMMISSIONER NORRIS: Are you fully staffed today?
SHERIFF HUNTER: No, we are not.
COMMISSIONER NORRIS: How short are you?
SHERIFF HUNTER: Do you have the number?
CRYSTAL KINZEL: Sixty-six.
SHERIFF HUNTER: Pardon?
CRYSTAL KINZEL: Sixty-six.
SHERIFF HUNTER: Approximately 66 positions.
COMMISSIONER NORRIS: So that's 66 positions you're not paying
salaries for?
SHERIFF HUNTER: We're paying overtime for many of those.
COMMISSIONER NORRIS: That's true.
Page 65
August 3, 1999
SHERIFF HUNTER: So that's actually more expensive than paying a
salary.
COMMISSIONER NORRIS: Well --
SHERIFF HUNTER: And the reason --
CHAIRWOMAN MAC'KIE: We don't have jobs that can just go undone.
SHERIFF HUNTER: -- we're understaffed is because we don't pay an
adequate salary.
COMMISSIONER NORRIS: That's not the point at all.
SHERIFF HUNTER: So we're in a circular problem.
COMMISSIONER NORRIS: You pay time and a half for overtime?
SHERIFF HUNTER: Yes, we do.
COMMISSIONER NORRIS: Okay. It's not double time?
SHERIFF HUNTER: No.
COMMISSIONER NORRIS: So it's not double time?
SHERIFF HUNTER: It's more than the salary, the base salary.
COMMISSIONER NORRIS: Sure, it is.
SHERIFF HUNTER: If you're paying time and a half above the base
salary, that's more.
COMMISSIONER NORRIS: That's less than two base salaries is my
point.
CHAIRWOMAN MAC'KIE: But it's not zero.
COMMISSIONER NORRIS: You have some net money that you're not
paying out in salary.
SHERIFF HUNTER: Sir, it's still more if you're paying at time
and a half than it is at one time.
COMMISSIONER CONSTANTINE: But you are not paying benefits and
all the extras to that same guy twice.
SHERIFF HUNTER: Oh, yes, you are.
COMMISSIONER NORRIS: That's not the point at all.
SHERIFF HUNTER: Certainly you are. Certainly you are.
COMMISSIONER NORRIS: The point is that he's got 60 salaries that
he's not paying on, and if you pay time and a half to fill those
spots, you're paying 30 -- the equivalent of 30. So you're --
SHERIFF HUNTER: No, sir.
COMMISSIONER NORRIS: -- netting 30 --
SHERIFF HUNTER: No. If you have 20 vacancies in
telecommunications and the jail -- let's just start easy -- and I have
to post people in those positions so they can answer the phone and
dispatch the radio to fire, emergency, ambulance service and law
enforcement, we are paying time and a half instead of that straight
time --
COMMISSIONER NORRIS: Sure.
SHERIFF HUNTER: -- to post that.
COMMISSIONER NORRIS: Sure.
SHERIFF HUNTER: So we can't turn around and add to the salaries
of everybody else in the agency and still pay the time and a half sums
out of that straight time money that we have left and still make the
budget come out at the end of the year.
COMMISSIONER NORRIS: If you continue to be 60 personnel
shorthanded, of course you can.
CHAIRWOMAN MAC'KIE: And how are they going to fund -- not only
do they continue to be 60, but the 60 increases because the salaries
are so below market. So not only do they stay at 60, but the problem
COMMISSIONER NORRIS: Okay. Obviously you don't understand what
I'm getting at.
Page 66
August 3, 1999
math.
CHAIRWOMAN MAC'KIE: I think obviously you don't understand the
COMMISSIONER NORRIS: So let's just call the question.
CHAIRWOMAN MAC'KIE: It's hard to imagine how --
COMMISSIONER CONSTANTINE: Can we repeat the question?
CHAIRWOMAN MAC'KIE: Well, it's your question, so go ahead and
repeat it. It's your motion.
COMMISSIONER NORRIS: No, I made it.
CHAIRWOMAN MAC'KIE: You made the motion.
COMMISSIONER NORRIS: That's right. He made the motion.
CHAIRWOMAN MAC'KIE: You want to withdraw it and let somebody
else make one?
COMMISSIONER CONSTANTINE: Sure. I don't know where we are after
we've addressed it so far away.
CHAIRWOMAN MAC'KIE: Okay. Motion's withdrawn. Is there a
motion --
COMMISSIONER NORRIS: Actually, I made the motion.
COMMISSIONER CONSTANTINE: I don't believe I made a motion to
withdraw, so -- I made the one that passed, and that was maintaining
the three and a half budget. I didn't make another one after that.
COMMISSIONER NORRIS: Actually I made the --
COMMISSIONER CONSTANTINE: I think Commissioner Norris did and
Commissioner Berry seconded it.
CHAIRWOMAN MAC'KIE: You're right.
COMMISSIONER NORRIS: Yeah. I made it, Commissioner Berry
seconded it, and the motion was to approve the change recommended by
Administrator Fernandez.
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
favor, please say aye.
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
Right, for the reserve.
Okay. I'll call the question. Ail in
Aye
Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Opposed? Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Motion passes three to two.
SHERIFF HUNTER: May I pose one more question to this board?
CHAIRWOMAN MAC'KIE: Why not?
SHERIFF HUNTER: You've been very patient. May I ask the chair
to ask if there are any representatives from Marco Island here today?
Because I was told that they would be?
CHAIRWOMAN MAC'KIE: Is there anyone in the room representing
Marco Island in order to make some official presentation on their
behalf?
COMMISSIONER NORRIS: I don't see anybody.
UNIDENTIFIED SPEAKER: I'm from Marco, but not representing that.
CHAIRWOMAN MAC'KIE: The record will reflect that there was a
resident of Marco here, but not an official representative.
COMMISSIONER CONSTANTINE: I'd like to just repeat what I said
before, Sheriff, and that is, I think we recognize, I recognize
anyway, the frustration of the Marco situation. This reiterates that.
And I think we're committed to working with you. And if that
requires an adjustment as time goes on because Marco can't even
respond to a letter, let alone to an emergency call, then I'm
committed to working with you on that, make sure we don't leave out
that part of the county.
Page 67
August 3, 1999
SHERIFF HUNTER: And a final comment. I believe I'm correct in
making this statement. This is a two-part statement. The first, I
believe, is the only questionable area. My recollection is that we
have received a letter after the letter that was signed by myself and
Chairperson Mac'Kie.
CHAIRWOMAN MAC'KIE: We have.
SHERIFF HUNTER: We have received a letter stating that they will
not be able to meet the January 1, year 2000 deadline as originally
hoped. That's their belief. And that they wish -- this was told to
me directly in a council meeting, that they do believe that this group
that they're hiring is supplemental, for traffic control purposes
essentially, and for backup of us if necessary on Marco Island, and as
a supplemental force, they expect the sheriff's office to be there on
Marco Island.
With those two statements having been made, I am asking the board
to reconsider the $845,000 plus that has been reduced from the budget
as proposed and to consider reinstating that amount of money for
purposes of the millage, setting the millage, if that has any dramatic
effect. I assume at almost a million dollars, it would have some
effect. I would ask that the board reconsider that so that we have
that flexibility to fund those services on Marco and not put me in
that position that I was in last year.
CHAIRWOMAN MAC'KIE: Commissioner Berry.
COMMISSIONER BERRY: Is there any way that on this particular
item we can just table this item until toward the end of the meeting,
and in the meantime, contact Marco Island and their city manager, Mr.
Moss, or the chairman, Mr. Brandt?
CHAIRWOMAN MAC'KIE: We have a letter from Mr. Brandt.
COMMISSIONER BERRY: No. I want them up here personally and I
want the statement made publicly in this room as to what their
intentions are with our sheriff's department. I don't think it's fair
to the sheriff, I don't think it's fair to this board, and I don't
think it's fair to the residents of Marco Island.
COMMISSIONER CONSTANTINE: I would certainly --
COMMISSIONER BERRY: I think they need to be up here, and I think
they need to be up here this afternoon and make that statement in
front of us.
COMMISSIONER CONSTANTINE: It's certainly not, and I think the
point is the 845 represents if they had -- were not going to do
anything next year. I mean, if they're saying now, not January 1,
does that mean February 1, March 1, does that mean never? The comment
that they said it was supplemental is completely inconsistent with
what they've said in the past, so I think it's a great idea.
CHAIRWOMAN MAC'KIE: Mr. Fernandez.
MR. FERNANDEZ: Madam Chairman, I've been confused about this
subject, because when it was first mentioned to me that we had
received a letter as has been described by the sheriff, I wasn't aware
of that.
CHAIRWOMAN MAC'KIE: You weren't copied on the letter?
MR. FERNANDEZ: We had -- we had received a letter dated June the
23rd, but it doesn't say that we won't be ready by January 1st. It
talks about what the intent is to not replace the sheriff's services,
but to supplement the sheriff's services. It talks about that, and I
have that letter here.
Page 68
August 3, 1999
But I was under the impression that they were talking about an
additional letter that has been recently received that says, we will
not be ready by January 1st. And I don't think that letter has --
CHAIRWOMAN MAC'KIE: No. This is the letter that you've read, I
know, Commissioner Carter, because you wrote me in response to it.
COMMISSIONER CARTER: Right.
CHAIRWOMAN MAC'KIE: We have only one letter.
MR. FERNANDEZ: This is all I've received. There's another
letter after this.
COMMISSIONER CONSTANTINE: Which reiterates Commissioner Berry's
point.
COMMISSIONER CARTER: No. It actually predated that.
COMMISSIONER BERRY: I still want the statement made in this room
in front of this body and in front of all these individuals.
COMMISSIONER CARTER: Well, they need to be here, and we need to
get this resolved --
COMMISSIONER BERRY: Absolutely.
COMMISSIONER CARTER: -- because if they want to buy the
sheriff's services, that's fine. If they want to spend a million
dollars a year, fine. Then they make sure the sheriff has that
million so that he can do what he needs to do down there.
COMMISSIONER BERRY: That's right.
COMMISSIONER CARTER: But it is not fair to the rest of the
taxpayers of Collier County to be paying for the sheriff's protection
of Marco Island because they won't ante up what they need to do to get
their own coverage. That's no different than Pelican Bay coming to me
and saying, I'm sorry, we don't want to pay for police protection
anymore.
MR. FERNANDEZ: But we want the same level we've been enjoying.
COMMISSIONER CARTER: But we want the same level. Of service.
Pelican Bay wanted additional level of service, what'd they do? They
paid the sheriff $345,000 a year for additional level beyond what he
-- what he provides. So I'm sorry. I'm with Commissioner Berry.
They need to be here. They need to get this resolved.
COMMISSIONER CONSTANTINE: The one thing I would ask is that
whomever here actually have the authority to represent the council,
because we've had Mr. Moss here before who said, I can't tell you
anything. I can't say. I don't know. It's not up to me. And I
don't want to re-open this debate for another hour this afternoon if
we're not getting anywhere. If someone on the council can come and
represent the council, great.
COMMISSIONER NORRIS: They won't be able to do that though
without a meeting.
COMMISSIONER CONSTANTINE: They may already have -- I don't know.
CHAIRWOMAN MAC'KIE: Maybe they've had a policy. Maybe they have
adopted a policy because --
COMMISSIONER CONSTANTINE: Maybe during the lunch break -- how
about this. Maybe during the lunch break we can call, check, see, A,
do they have a policy, B, can somebody come represent it to us. Then
when we come back after lunch, we'll know yes, we'll hear from them
later in the day, or no, we won't.
COMMISSIONER NORRIS: And by the way, just to clear the record,
Commissioner Mac'Kie and I teamed together and voted against the
policy, but Marco Island is paying for sheriff's protection, because
they now pay into the general fund, the same as the City of Naples,
Page 69
August 3, 1999
under our new policy. So just to clarify the record, they are paying
for their sheriff's services.
CHAIRWOMAN MAC'KIE: Mr. Fernandez.
COMMISSIONER NORRIS: Same as everybody else.
MR. FERNANDEZ; And this is a point that we've been making to the
sheriff, that they're also paying the same as the people in
Looneyville. And what is the level of service that they receive? So
for Marco to expect to receive the Pelican Bayesque services at the
same price that they're paying -- that the people in Looneyville are
paying, is not realistic.
CHAIRWOMAN MAC'KIE: I think at this point we'll adjourn for
lunch until two o'clock. When we get back at two o'clock, we'll
decide whether or not there is somebody from Marco Island. You will
contact them during the break, Mr. Fernandez, and tell us if there's
somebody from Marco who can come and make a recommendation on the
record. We'll be back at two.
(A luncheon recess was taken.)
CHAIRWOMAN MAC'KIE: We'll call the meeting back to order of the
Board of County Commissioners for August 3rd, 1999.
I would like to entertain a motion to table the budget items at
this point.
COMMISSIONER NORRIS: I will move to lay this on the table.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: All in favor say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: It passes unanimously and we can move on to
the next agenda item and come back to that. For the benefit of the
public, we're waiting for the Marco officials who we expect around
2:45.
Item #8B5
ACCEPTANCE OF CERTAIN EASEMENTS IN ORDER TO IMPROVE VARIOUS ROAD
INTERSECTIONS APPROVED
Rather than try to start the whole final order discussion or the
tourist tax --
COMMISSIONER NORRIS: Tourist tax won't take long.
CHAIRWOMAN MAC'KIE: It might, dang it. Continuing optimism
here. What is the Summerwood PUD? Who pulled that?
COMMISSIONER NORRIS: 12(C) (1)?
CHAIRWOMAN MAC'KIE: Actually, this would be 8(A) (3).
COMMISSIONER BERRY: Summerwood PUD.
CHAIRWOMAN MAC'KIE: Staff pulled off Summerwood PUD. Can we
have that one now or would you rather us wait? UNIDENTIFIED VOICE: I would rather wait.
CHAIRWOMAN MAC'KIE: Okay. Then how about the impact fee, (B) (4)
-- 8(B) (4)? That's the same problem.
UNIDENTIFIED VOICE: Mr. Kant isn't back at this moment.
CHAIRWOMAN MAC'KIE: Okay. Let's do those two then, 8(B) (5) and
8(B) (6). We've got to get something done.
8 (B)(5) is road intersection easements.
MS. TAYLOR: Sandy Taylor, Road Property Management Department.
Item 16(B) (4) requested the acceptance of four easements.
Page 70
August 3, 1999
CHAIRWOMAN MAC'KIE: It's kind of hard to hear guys, if you don't
mind. Excuse me, but it's difficult for us to hear while there is all
this talking. Thanks.
MS. TAYLOR: Item 16(B) (4) requested the acceptance of four
easements. Since the time the item was submitted to the Board, one
property has been sold. So, therefore, staff is no longer requesting
the acceptance of the easement from Jaeger, Trustee -- excuse me,
Richard L. Jaeger, Trustee. However, staff is requesting when we get
the replacement easement, provided it is also by donation, that we get
Board acceptance.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: I think that's Tim's item.
CHAIRWOMAN MAC'KIE: No, no, no. You didn't care about that road
intersection easement item, did you?
COMMISSIONER CONSTANTINE: Nope. Well, I cared about it, but I
don't mind that you went ahead.
CHAIRWOMAN MAC'KIE: Staff pulled it off.
COMMISSIONER NORRIS: Staff pulled it off?
CHAIRWOMAN MAC'KIE: So is there a motion on this item?
COMMISSIONER CARTER: I move.
CHAIRWOMAN MAC'KIE: Somebody want to make a second? Anybody
second?
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor --
COMMISSIONER CONSTANTINE: The motion is --
CHAIRWOMAN MAC'KIE: To approve the staff recommendation with
regard to the intersection easement with that one tiny change.
All in favor please say aye.
Opposed?
(No response.)
Page 71
PROJECT: Intersection Improvements
PARCEL NO: 101 & 801
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between HY A. BERSHAD AND ANITA R. BERSHAD,
husband and wife, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter
referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, sidewalk drainage, utility and maintenance purposes over, under, upon
and across the lands described in Exhibit "A", which is attached hereto and made a part
of this Agreement;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, utility and maintenance purposes over, under, upon and across the lands
described in Exhibit "B", which is attached hereto and made a part of this Agreement;
WHEREAS, the property described in Exhibit "A" and "B" shall be collectively
referred to as the "Property";
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Property to Purchaser for the sum of $17,000, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, propedy
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Easement Agreement
AU6- 3 1999
Page 2
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Pumhaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) anYexisting or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
AUG- 3 1999
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this~?~,~.., day of ~ , 19 ~,~
Date Property acquisition approved by BCC:
AS TO PURCHASER:
ATTES.,T:it ~t
DwiGRT I~. ~ROCK, Clerk
~'/,,~/~'//~'~,~,'~ De~3~ty Clerk
~D~TEI~: ,~
Witness (Sigl3ature)
Name: ~ql,-~,.~l 3-. '{~ ,
~~(Print.or T~p~
Witnes~S~n~tu~e)._l ' ~ '
_ ~Prin,t 6r Typ~) '
Witness (S~ture]
N~me: ~l,~i ~.V,1 ~.
(Print or T~)
Wit~gnatu~e)
Name:~ ~~ ~',~1 ~,
(print ~r Typ~
BOARD OF COUNTY COMMISSIONERS
J~Yarr~la S(IV~c'kie, ~'haT'rw~'~,~n "
/
Anita R. Bershad
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 66065
PROJECT PARCEL NO. 101
A,tl6- 3 1999
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 50 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 10 FEET OF THE
SOUTH 40 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
CR-951 RNV
WHITE BLVD. ,
(60 FT R/W) ~
I
I
I
I
I
........... j','30 FT
100 FOOT CANAL R//W
39~h STREET (60 FT R/W)
~; ','q 20 FEET
; I
' ' 62 FEET
il
10 FEET
TRACT 150, UNIT 27
NORTH
/
[I
: , PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE,
~ 4-.-- UTILIIY & MAINTENANCE EASEMENT
I
30 FT! I 300 FEET
WEBER BOULEVARD
TRACT 149
BIT
(60 FT R/W)
I
SCALE: 1 inch = 100feet
Collier County Real Property Management Department 12/15/98 9:12 AM
PROJECT NO. 66065
PROJECT PARCEL NO. 801
AU6- 3 1999
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 70 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 30 FEET OF THE
SOUTH 70 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
WHITE BLVD.
(60 FT R/W)
CR-951 R/W
,/
100 FOOT CANAL
39· STREET (60 FT R/W)
~-'"~,: : * 20 FEET (DRAINAGE EASEMENT)
~ 62 FEET
:~' ,~ 30 FEET (DRAIANGE EASEMENT)
~ TRACT 150, UNIT 27 TRACT 149
I
NORTH ~
.: ~ , PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE,
~ ~ UTILITY & MAINTENANCE EASEMENT
I
30 FT~ , 300 FEET
WEBER BOULEVARD
(6OFT R/W)
I
SCALE: 1 inch = 100feet
Collier County Real Property Management Department
12/15/98 10:17 AM
August 3, 1999
Item #8B6
CONSTRUCTION PHASING AND GRANT APPLICATION PLAN FOR EAST U.S.
LANDSCAPE IMPROVEMENTS BETWEEN DAVIS BOULEVARD (S.R. 84) AND
RATTLESNAKE HAMMOCK ROAD (C.R. 864) - APPROVED
CHAIRWOMAN MAC'KIE: We can do 8(B) (5) .
COMMISSIONER BERRY: Six. We just did five.
CHAIRWOMAN MAC'KIE: 8(B) (6). Oh, yeah, John, that's the one you
pulled off.
COMMISSIONER NORRIS: That's the one I pulled off. We had -- had
some people from the East Naples Civic Association. I suspect that
they've gone and won't be back. What happened was is they had a
special meeting, which I attended. And I hope Mr. Philbin doesn't
take offense to me attending a meeting.
In any case, the gist of the meeting was that they would prefer
to reverse the schedule and start on segment A first and apply for the
grant on section B second.
CHAIRWOMAN MAC'KIE: If I can add to that. Not only would they
prefer it, but the effort that is ongoing with the Davis triangle
redevelopment -- and for God's sake the pain and suffering these
business owners have gone through along there, they should get their
trees first. It's pretty darn simple. It could happen just as fast.
Is there any reason not to do it that way?
MR. ILSCHNER: Madam Chairwoman, for the record, Ed Ilschner,
Public Works Administrator. No, we could certainly make that change
without any problem at all and move it ahead in that direction.
COMMISSIONER NORRIS: Then I will move to approve that change and
start with section A and go secondarily to section B.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor?
Any discussion? All in favor say aye.
Opposed?
(No response.)
COMMISSIONER NORRIS: Thank you.
CHAIRWOMAN MAC'KIE: It passes unanimously.
Page 72
Item #8Cl
August 3, 1999
AUTHORIZATION FOR AN AMENDMENT TO THE GRANDSTAND CONSTRUCTION
AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST SKIMMERS, INC. -
APPROVED
We can do 8(C) (1), which is an item I pulled off consent. It had
to do with the Gulf Coast Skimmers. I pulled it off for one reason.
I had asked Mr. Olliff what exactly this money was and where it is
going to go.
Can you tell us that?
MR. OLLIFF: Yes, ma'am. For the record, Tom Olliff, Public
Services Administrator. This is the continuation of an existing
contract to construct the amphitheater grandstand facility at Sugden
Park. It is simply an extension of the agreement that allows for
payment to the contractors of the last bit of work that has actually
been done.
We have contract inspectors who inspect the work and can insure
that the work was done. We review invoices. This is money that is
budgeted and specifically set aside for that purpose.
CHAIRWOMAN MAC'KIE: And basically this is money that is owed to
contractors who have already performed work and the money will be paid
to the Skimmers to pay to the contractors? MR. OLLIFF: Yes, ma'am.
CHAIRWOMAN MAC'KIE: So that doesn't particularly trouble me and
maybe you think it should be supported. I wanted to -- just since
we're on the subject of the Skimmers -- tell the Board that on Monday
Mr. Olliff, Mr. Fernandez, Mr. Weigel, Mr. Gursoy and I have a meeting
to try to mediate some kind of resolution to the problems that have
been going on out there to see if there is anything that County can do
to help resolve the problems.
Staff has had some wonderful recommendations and we'll be talking
about those with them, and, of course, bringing anything that we're
able to work out to you guys for approval.
COMMISSIONER NORRIS: Motion to approve.
CHAIRWOMAN MAC'KIE: You have speakers on this item?
MR. FERNANDEZ: Yes, ma'am. We have three speakers. The first
two are Jeff Street and David Reinertsen.
COMMISSIONER NORRIS: Jeff, I think, is gone.
CHAIRWOMAN MAC'KIE: Who is the next speaker?
MR. FERNANDEZ: Carlye.
CHAIRWOMAN MAC'KIE: Come on.
COMMISSIONER NORRIS: Those two are here.
MR. REINERTSEN: Hi. My name is David Reinertsen. I'm a member
of the Gulf Coast Skimmers. I'm the -- I guess you would say I'm the
president from the other side.
CHAIRWOMAN MAC'KIE: You're the other president.
MR. REINERTSEN: I'm the other president. And I don't really
have any objection to the money, the funds. You know, we have some
reservations.
I would just like to ask the County Commission -- and I was not
aware of the meeting that you're going to have with Mr. Gursoy and
thought that maybe it was possible that one of us from the other side
could also maybe be in on this meeting to help solve this problem more
quickly. That's what I'm here about today. Like I say, I wasn't
aware of that meeting that you were going to have.
Page 73
August 3, 1999
item.
COMMISSIONER NORRIS: That's really not the subject of the agenda
MR. REINERTSEN: I know it's not really the discussion, but --
CHAIRWOMAN MAC'KIE: I appreciate the offer. If you don't mind
MR. REINERTSEN: That's what I would like to do. There is some
ongoing problems going on with all -- and we have tried to talk to
Mrs. Ramsey and Mr. Olliff and they said they're very limited in what
they can do at this time in resolving our problem.
CHAIRWOMAN MAC'KIE: Thank you for that. I appreciate your
taking the time to be here. And I will contact you privately,
personally to discuss what role you might play. But that's not the
subject of this agenda item. Thank you for putting on the record that
you don't have an objection to the fund. MR. FERNANDEZ: Kent Carlye.
MR. CARLYE: Carlye Kent Carlye, for the record. I have a copy
of a personal check from John Gursoy --
CHAIRWOMAN MAC'KIE: Sir, can you tell me how this is going to be
relevant to the item in front of us?
MR. CARLYE: Yeah. It's to pay for the contractor at the
amphitheater at Lake Avalon.
CHAIRWOMAN MAC'KIE: But that's not relevant to our item. Our
item is whether or not to put the money in the Skimmers' account so
that those --
MR. CARLYE: My question is: Once it goes into the Skimmers'
account, how come John Gursoy is paying it out of his personal
account? I mean --
CHAIRWOMAN MAC'KIE: Sir, that's an internal item. I'm not going
to allow this to get stretched into the internal workings of this
corporation. Respectfully, I just can't let us go there.
MR. CARLYE: Do you understand my concern though? It's not --
CHAIRWOMAN MAC'KIE: If you have problems with how the checkbook
works for the Skimmers, that's a problem that this County Commission
doesn't have any control over. MR. CARLYE: Okay.
CHAIRWOMAN MAC'KIE: All right. I would ask if you want to talk
to Mr. Olliff, if he sees a flag raised by what you have there, he'll
bring it to our attention. You can count on that. MR. CARLYE: Okay.
CHAIRWOMAN MAC'KIE: Thank you.
Is there a motion on this item?
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Yes. I move for approval.
Second it.
Ail in favor say aye.
That passes unanimously.
Page 74
SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT
THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered
into on this gq 3~e,.-day of ~ , 1999, between GULF COAST SKIMMERS WATER SKI
SHOW, INC., (Skimmers)-'~" "a Florida Not-For-Profit Corporation, and THE BOA_gl) OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the
development of a grandstand facility at Sugden Regional Park, Naples, Florida.
WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden
Regional Park located in Naples, Florida;
WHEREAS, the County executed a construction agreement with the Skimmers for the same
grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997,
amended this agreement to extend the term on July 28, 1998, and amended this agreement to extend the
term on January 26, 1999;
WHEREAS, the construction was delayed because of an inability to secure the necessary contractors
to complete the work, and;
WHEREAS, the Skimmers have now completed the grandstand facility located at Sugden Regional
Park to the satisfaction of the County, and;
WHEREAS, the final work was completed after May 31, 1999, and beyond the term of the previous
agreement, and;
WHEREAS, in order for the Skimmers to receive payment for the final work done on the project the
agreement must be extended for an additional two (2) month period.
NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the
parties agree as follows:
ARTICLE 1. Demised Premises. The premises involved consists of the southeast part of the lake as
highlighted on the attached Master Plan.
Article 2. Term. The term of this Agreement shall be a minimum of two (2) months commencing on
June 1, 1999, and ending July 31, 1999. The Skimmers agree that all construction and improvements have
been completed by July 31, 1999.
Article 3. Modifications to Facility.
1. Prior to making any changes, alterations, additions or improvements to the demised premises, the
Skimmers will provide County with all proposals and plans for alterations, improvements, changes or
additions to the demised premises for County's approval, specifying the nature and extent of the desired
alteration, improvement, change or addition, along with the estimated starting and completion time for the
project, and including factual budget statements showing sufficient funding to complete any phase or
1999
phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining
the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers
fail to complete its work within the completion time as approved by the County, County may, at its
election, complete said changes, improvements, alterations or additions, in which event all improvements
will belong to the County free and clear of all liens or claims.
2. The Skimmers 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 present and future laws,
ordinances, roles, regulations and requirements of the United States of America, State of Florida, County
of Collier and any and all governmental agencies having jurisdiction.
3. All alterations, improvements and additions to said demised premises shall be made in accordance
with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold
and to have become property of County and shall remain for the benefit of County at the end of the term or
other expiration or termination of this Agreement in as good order and condition as they were installed,
reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days
therea~er, County so directs, the Skimmers shall promptly remove all construction materials, debris and
equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely
and/or fully remove all such materials, debris and equipment upon notice by County.
4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as
described above on the demised premises in a business-like and responsible manner, and the Skimmers
actions shall not conflict with County's regular control and daily operation of the Sugden Regional Park.
County will continue to maintain regular activities and services at the Park, but will not cause any delay to
the construction of the grandstand.
5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part
thereof to be used or occupied during the construction of the grandstand facility except for the grandstand
facility.
Article 4. Access to Construction Site.
County, its duly authorized agents, representatives and employees shall have the right after reasonable
notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the
purposes of inspection.
Article 5. Indemnity and Insurance.
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by
signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and
keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty,
damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or
ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under
Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless
County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and
2
expense arising out of or from any accident or other occurrence, on or about the demised premises
causing injury or death to any person or damage in loss of personal property whosoever and
whatsoever during the term of this Agreement and all extensions hereof. The S. kimmer's obligation
under this provision shall not be limited by Skimmers limit of, or lack of, insurance protection. The
Skimmers shall obtain and maintain with a reputable insurance company, at its sole cost and expense,
public liability insurance against property damage or personnel injury arising out of the construction
and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand
facility.
2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of
this Agreement, comprehensive general liability insurance coverage, including bodily injury and property
damage, in the amount of not less than $1,000,000 combined single limits. The Board of County
Commissioners of Collier County shall be listed as an additional insured on said policy.
3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's
Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable
state and federal laws. The policy must include employer's liability with a minimum limit of $100,000.00
each occurrence.
4. All insurance policies required shall be issued and written with a company or companies authorized
to engage in the business of general liability insurance in the State of Florida and authorized to do business
under the laws of the State of Florida, with the following qualifications as to management and financial
strength:
The Company must be rated no less than "A" as to financial rating in
accordance with the latest edition of the Best's Key Waiting Guide
published by AM Best Company, Inc.
5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance
certificates of insurance prior to the construction of the grandstand facility which certificates shall clearly
indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a
type, amount and classification as required for strict compliance with this Agreement. The said general
contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior
written notice to County. The said general contractor shall assure that the insurance coverage provided
shall require the company or companies writing such insurance policy shall provide to County, written
notice of cancellation thirty (30) days prior to any such proposed cancellation. County reserves the right to
reasonably amend the insurance requirements by issuance of notice in writing to the general contractor.
Said insurance shall not exceed that required by the County for similar projects... Upon receipt of such
notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance.
Article 6. Utilities.
The Skimmers will be responsible for all utility service charges during the construction of the grandstand
facility.
Article 7. Development.
Skimmers shall be responsible for the retention of all necessary professionals, contractors and
subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally
licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be
responsible for all payments to all of same and does hereby and shall indemnify and hold harmless County
for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use
all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the
project. County may review all bids received by the Skimmers. The facility must be designed as shown in
the attached Site Plan.
Article 8. Financing.
1. County agrees to contribute to the development of the facility in the amount of $47,138.41 for the
remaining construction of the grandstand facility. This amount represents the remaining unspent balance of
the project funds and an additional $4,000, which roughly equates to the additional interest earned on the
unspent balance. The Skimmers covenants and agrees that it will continue to solicit contributions and
donations from other members of the community to help offset the expense of the construction of the
grandstand facility. They shall provide the County with written updates as to the financing and expenditure
of County funds for this project. The County reserves the right upon reasonable notice to audit the
account or accounts for the construction project.
2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the
supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the
County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices
may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized
representative that the work was performed toward the design, permitting or construction of the
grandstand facility.
Article 9. General Provisions.
1. The Skimmers fully understands that the police and law enforcement security protection provided by
law enforcement agencies for the above-referenced demised premises is limited to that provided to any
other business or agency situated in Collier County, and acknowledges that any special security measures
for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers
and shall involve no cost or expense to County.
2. Skimmers agree that the facility shall be open to the public; however, t~he Skimmers shall have
priority use of the facility for activities, performances, practices, events, and or programs after County
activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and
maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is
hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall
be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This
schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers
expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that
4
0
would interfere with or ~D1versel¥ a,ffect the operation or maintenance of the CouD%y~$ operations at the
p~k.
Article 10. Termination ~
Should the Skimmers' general 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 with a fourteen (14) day written notice. The County shall be sole judge of non-performance.
County shall be responsible for payment of all work performed up to the date of termination.
Article 11. Effective Date
This Agreement shall become effective upon execution by County and Skimmers.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
As to County:
Dated this ~ ~ day
of ' :'
1999
Attar: '~
Dwelt El Brock, Clerk Of Courts
As to s~Crs:' '" Attest as to Chatr n'$
Dat~ t~s ~ / ~ day
of ,~- ~ 1999
~prov~ ~ to fora ~d
leg~ciency~ / _~
~a~d ~. Weigel
'~un~ Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Gulf Coast Skimmers ~ter Ski Show,
$ohn"V. Gursoy, Pres~6nt
(Corporate Seal)
Inc.
5
August 3, 1999
Item #8B4
AMENDMENT TO THE TRANSPORTATION, EMS AND LIBRARY IMPACT FEE UPDATE
AGREEMENT WITH TINDALE-OLIVER AND ASSOCIATES, INC. - APPROVED
Just to go --
MR. FERNANDEZ: Mr. Kant is now here.
CHAIRWOMAN MAC'KIE: Who is?
MR. FERNANDEZ: Mr. Kant.
CHAIRWOMAN MAC'KIE: So we could do the impact fee.
COMMISSIONER NORRIS: 16(C) (8) is laying there.
CHAIRWOMAN MAC'KIE: Right this second we've got 8(B) (4) and then
COMMISSIONER NORRIS: Okay.
CHAIRWOMAN MAC'KIE: 8(B) (4). Mr. Kant.
MR. KANT: Good afternoon, Commissioners. Edward Kant, K-a-n-t,
Transportation Services Director. This is an item that has been with
you before. In February you approved a contract for an update to the
transportation EMS and library impact fees.
At that time staff told you we would be returning for an
amendment to that agreement. This is that amendment which will -- the
main item of that is to add a task item for the development of an
administrative procedures manual and to amalgamate or clarify all the
ordinances so they are very consistent from one to the other.
CHAIRWOMAN MAC'KIE: Can I interrupt you, Mr. Kant? Basically
all this does is just authorize the staff to hire our consultant to do
this additional work that we've already asked them to do. I had a
question --
MR. KANT: That's correct.
CHAIRWOMAN MAC'KIE: This was a close call to me on whether or
not it was a consent agenda item. I know the Board is familiar.
Are there questions?
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
MR. KANT:
Motion to approve.
Second.
Ail in favor please say aye.
It passes unanimously.
Thank you, Commissioners.
Page 75
AMENDMENT TO AGREEMENT BETVVEEN COLLIER COUNTY, FLORIDA
AND
TINDALE-OLIVER AND ASSOCIATES, INC.
(AGREEMENT 98-2843)
AMENDMENT #1 ~,U6 0 3 ~
This Amendment dated ~.~1~~7~, ,1999, to the referenced agreement shall be
by and between the parties to theCoriginal agreement, Tindale-Oliver and Associates, Inc. (to be
referred to as "Tindale-Oliver") and Collier County, Florida (to be referred to as "the County").
This amendment is the product of the following circumstances and events:
1. RFP #98-2843 was awarded to Tindale-Oliver by the Board of County
Commissioners on February 23, 1999, Agenda Item 8B(2).
The Executive Summary for the Award stated that staff would return to the Board for
approval of a contract amendment for additional services, and that it was critical that
the consultant start the original work as soon as possible.
3. The original contract was signed by the parties on February 23, 1999.
Delete Exhibit A, "Scope of Work" and replace it with the attached Revised Scope of
Services and Fees. The additional services will consist of a new task, Task 5, to
revise and update the existing ordinances and to provide an Administrative
Procedures Manual.
5. Amending Paragraph 4, the length of time to complete the additional services shall be
an additional four months, for a total contract time of fourteen months.
6. Amending Paragraph 7, the additional cost of such services will be $99,485.00, for a
new total contract amount of $206,579.00
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Tindale-Oliver 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, (~'lerk of Courts
By:
'Dated:
Witness
D&anne E. ~ee
PrinEtype Witness Name
BOARD OF COUNTY COMMISSIONERS
TINDALE-OLJVER AND ASSOClA~TES, INC
Printed/typed Name: Steven A. Tindale
Printed/typed Title: President
CORPORATE SEAL
Approved as to~ form and Legal sufficiency:
H~i'di F'C~ht~'n ' '
Assistant County Attorney
EXHIBIT A
SCOPE OF SERVICES AND FEE
Revised July 14, 1999
In troduction
Collier County desires an update to its Transportation, Library, and Emergency Medical
Services impact fees, standardization of the format and content of all of its impact fee
ordinances, and development of an administrative procedures manual to address the
administration of all impact fees. The administrative procedures manual must
standardize the fee appeal procedures and internal processing of impact fee appeal
reviews. The tasks to be accomplished by the CONSULTANT are described in the
sections below. Following the task descriptions, issues to be addressed in the update
pertaining to each of the three impact fee subject areas are identified.
We will develop rational nexus fees, which associate the magnitude of fee with the
magnitude of the demand for services imposed by development. This logical basis has
been tried and found legally defensible, and is widely accepted.
The proposed fees will be responsive to, and based on the adopted local government
comprehensive plan. The Plan goals and policies should reflect changing trends in
technology, methods of delivery of services, financial partnerships, and expected
changes in the population and economic character of the community. We will rely on
Collier County staff to clarify and confirm the standards of service, the location and
magnitude of growth, and the strategy and facilities needed to meet the Goals of the
Plan. No local government comprehensive plan, as mandated by Rule 9J-5 of the
Florida Administrative Code, is required for Libraries or EMS services, but we
understand standards for these services exist and will form a basis for the fees to be
assessed. In addition, we will need for the County to provide records of services
provided or, if records are unavailable, to conduct surveys or keep records as a part of
their routine daily activities to provide a measure of services provided.
Task One: Review of Current Fees, Plans, and Issue Identification
To ensure that the updated impact fees are solidly rooted in the Comprehensive Plan,
or other formally adopted standards for service delivery, the initial task of our study will
be to review the ordinances, administrative procedures manuals, and technical
documents supporting the currently adopted fees and to compare them with the current
local government comprehensive plan. Standards for service delivery, the forecasted
costs to provide the services and facilities, and the current financial plans to provide the
services and facilities will be reviewed. Differences between current goals and
objectives, standards, and financial plans and the current impact fee program will be
noted as key areas for resolution dudng the update study. We will also draw from our
experience to identify unaddressed issues and to compare conditions and standards in
Collier County with those of other communities.
77ndale-Oliver & Associates, Inc.
July 15, 1999
C:~WINDOWS~ TEMPVev-scope. doc
Collier County
1-1 Impact Fee
Following our review of the available documents, we will review the "key issues" with
each "discipline director" to confirm the importance of each issue and to iclenti~ any
other specific issues that need to be addressed. Following these disc~ussions, the "key
issues" will be summarized in a technical memorandum to guide the analyses to be
undertaken in Task Two.
Task Two: Data Compilation and Analysis
Task Two encompasses the technical analyses that support the fee schedules to be
adopted. In this task, we will coordinate with appropriate County staff to obtain the
needed data in usable formats, analyze the data, and produce initial proposed fee
schedules. The needed data will include, but not be limited to, records on requests for
services including time of day for EMS service calls, land use originating service
request calls, and category of user for library services, and construction, design, and
right-of-way acquisition costs for historical roadway improvements. In addition, field
studies will be undertaken at up to ten sites for trip generation, trip length, and percent
new trips in this task.
In this task, we will also meet with County staff currently involved with assessing and
collecting all impact fees to learn how the fees and fee appeal petitions are
administered.
As a result of this task, the standards, unit costs, unit demand, credits, and other
parameters used to compute the impact fees will be updated, enabling the computation
of an initial fee schedule. During the analysis, additional policy issues are likely to be
identified, which will be noted for resolution by the technical team or for consideration
by the Board of County Commissioners as matters of policy.
Task Three: Legal Review and Develop Recommended Fee Schedules
In Task Three, the preliminary fee schedules developed in Task Two will be reviewed
with County staff. The effects of various policy options will be explored relative to
funding needs, and County staff will guide the development of the fee schedules,
ordinance changes, and administrative procedures based on the issues identified in
Tasks One and Two. The non-legal CONSULTANT team support of the legal
sufficiency review will be undertaken in this task, as will support of the necessary
ordinance amendments and preparation of the Administrative Procedures Manual by
non-legal Consultant team members. "Camera-ready" draft technical support
documents will be prepared and provided to the County for review, reproduction, and
distribution to interested parties prior to the public hearings. -The technical support
documents will be finalized following Board of County Commissioners' adoption in order
that they can document any last-minute changes.
Task Four: Meetings and Public Hearings
TTndale-Oliver & Associates, Inc.
July 15, 1999
C,'~ WINDO WS~ TEMPirev-scope. doc
Collier County
1-2 Impact Fee
AU6 0 3
The fourth task provides for monthly progress meetings and presentatioas to the Board
of County Commissioners. Eleven (11) day-long trips to Collier CouDty have been
included in the budget for the County to use as it deems best. We propose eight (8) or
nine (9) monthly project management/workshop meetings with County staff plus two (2)
to three (3) public meetings with the Board of County Commissioners or others.
Task Five: Ordinance Revisions, Updates and Reformatting
Subtask A: Review Twenty Impact Fee Ordinances for Eight Substantive Areas
County staff has supplied us with twenty (20) impact fee ordinances covering eight (8)
substantive areas as follows (the ordinance numbers, where known, are included
parenthetically after each substantive area): (1)Roads, (2)EMS, (3)Library,
(4)Education, (5)Parks and Recreation, (6) Water/Waste Water, (7) Fire, and
(8) Correctional Facilities. We will review each of these ordinances to identify
preliminary issues, concerns or areas of possible revision. Much of this review will be
to prepare for the meeting with County staff identified in the next task, and therefore will
focus on coordination of each these ordinances in the areas of the decision-making
process, the decision-maker, appeals procedures, application requirements and
process, and other areas which may allow for coordination, consolidation or unified
reformatting of these ordinances. The County will be responsible for immediately
providing all impact fee ordinances which have not been previously reviewed.
Subtask B: One Meeting with Staff
We will attend one meeting with County staff to discuss its preliminary review
conducted in the prior task. The focus of this meeting will be to explore the
coordination and/or consolidation of the 20 ordinances into either a single ordinance or
into eight ordinances (a single ordinance for each substantive area). Substantive areas
of discussion at the meeting will include the decision-making process, the decision-
maker, the appeals process, and application requirements and process, as well as
other areas which the consultant or County staff may wish to discuss in this context.
We will send a letter confirming any consensus reached at the meeting on these issues
as a follow-up to the meeting.
Subtask C: Outline of Revised Ordinance Format(s)
After our review and meeting with County staff, we will proceed with a detailed review of
the twenty ordinances in the context of reformatting them to a unified format. We will
evaluate the feasibility of coordinating, consolidating and/or unifying all or part of the
ordinances, generally in accordance with the consensus reached at the prior meeting
with County staff. The outline will reflect either a single outline of a revised ordinance
format or eight outlines of revised ordinance formats for each of the eight substantive
areas. The outline is intended to provide sufficient detail to allow the County staff to
understand the proposed format(s) and the general description of the subject matter
contained in each section.
77ndale-Oliver & Associates, Inc.
July 15, 1999
C:~WINDOWS~ TEMPVev-scope. doc
Collier County
1-3 Impact Fee
Subtask D: One Meeting with Staff
We will attend one meeting with County staff to discuss the outline of the revised
ordinance format(s). This meeting is intended to flush out more detailed information
concerning the decision-making process, the decision-maker, ~ppeals process,
application requirements and application procedures, as well as other formatting issues.
We will not be responsible for addressing, evaluating or making any substantive
changes, methodology changes or fee schedule changes to any of the ordinances
except to the extent specifically and expressly stated in this scope of services. The
foregoing notwithstanding, we may, in our sole discretion, address, evaluate or make
substantive changes acceptable to the County, especially in those areas that may be
incidentally affected as a result of the reformatting or procedural revisions. Subsequent
to the meeting, we will provide to County staff an final outline revised in accordance
with any consensus reached at the meeting. This final outline will be used to draft the
revised format for the proposed ordinance(s).
Subtask E: Draft of Revised Ordinances (not including Road Impact Fee)
Based upon the final outline of the proposed ordinance format(s), we will prepare the
draft ordinance(s) for seven of the eight substantive areas (EMS, Library, Education,
Parks and Recreation, Water/Waste Water, Fire and Correctional Facilities) (not
including Roads). These draft ordinance(s) will incorporate the concepts of the final
outline and the substance of the existing respective ordinances in each of the seven
respective substantive areas. It will also incorporate the County's existing fee
schedules, except that it will include the fee schedules (if available) prepared by the
consultant for Library and EMS. It will also include any other substantive changes for
Library and EMS that have been prepared by the consultant and approved by the
County Staff or the County.
Subtask F: Draft of Revised Ordinance for Road Impact Fees
We will conduct a legal sufficiency review of the road impact fee issues and policies and
provide legal advice concerning these issues. [Note: The foregoing is a repeat for
clarification of part of the TOA Task Three] We will also incorporate any substantive
changes and revised fee schedules prepare by the consultant and approved by County
staff or the County into a newly revised and reformatted ordinance for road impact fees.
The format will attempt to mirror the format for the other ordinances, or it may be
consolidated into one ordinance along with the other substantive areas.
Subtask G: One Meeting With Staff
We will attend one meeting with County staff to discuss the draft ordinance(s) for all
eight substantive areas. This meeting is intended to review in detail the County staff's
revisions to the draft ordinance(s) prepared in Subtasks 5E and 5F above. It is
anticipated that County staff will provide us with proposed changes in written form in
sufficient time for us to review and evaluate same and be prepared to discuss same at
the meeting. As a follow-up to the meeting, we will attempt to clarify with County staff
73ndale-Oliver & Associates, Inc.
July 15, 1999
C:~WINDOWS~ TEMP~rev-scope, doc
Collier County
1-4 Impact Fee
any questions or issues concerning
ordinance(s).
Subtask H: Final Ordinances
proposed revisions prior to drafting the final
Based on the consensus reached at the prior meeting with County staff, we will prepare
the final ordinance(s) for all eight substantive impact fee areas. The final ordinance(s)
will be coordinated with County staff and the County Attorney's Office, will incorporate
any substantive changes which were the responsibility of the consultant, and will
include the revisions discussed above. The intent of this task is to have a final
ordinance(s) ready for the public hearing adoption stage.
Subtask h Four Public Hearings
We will attend up to four (4) public hearings before the County Planning Commission
and the Board of County Commissioners for adoption of the final ordinance(s). This
task will include minor revisions to the final ordinance(s) that may be required during the
public hearings. It will not include major substantive changes or redrafts.
Subtask J: Draft of Administrative Procedures Manual (APM)
Based on the final ordinance(s) adopted by the Board of County Commissioners, we
will draft an administrative procedures manual for the ordinance(s). The APM will cover
all eight substantive areas, including explanations and direction concerning
applications, procedures, decision-making and the like. Technical information provided
by the County or developed by the consultant as part of this scope of services will also
be included where appropriate.
Subtask K: One Meeting With Staff
We will attend one meeting with County staff to discuss the draft Administrative
Procedures Manual. The focus of this meeting will be to discuss the detailed provisions
of the APM and any revisions to same.
Subtask L: Final Administrative Procedures Manual
Based on the draft APM and the meeting with County staff, the consensus revisions will
be incorporated into the final APM. We will work with staff to resolve any remaining
issues with the APM and finalize the revisions. A final Administrative Procedures
Manual will be delivered to County staff. -~
Transportation Issues
Since the current impact fee was adopted, Collier County's Long-Range Transportation
Plan has been updated to include several grade-separated interchanges. A strategy for
funding these high cost facilities will be defined, and the unit cost of road construction
73ndale-Oliver & Associates, Inc,
July 15, 1999
C : t WIN DO WS ~ TEMPVev-scope. doc
Collier County
1-5 Impact Fee
:RUG 0 3 tggg
will be updated taking into consideration recent County road improvement experience.
A review of the impact fee benefit districts will also be undertaken. :
Gasoline tax credits will be reviewed and updated to reflect the cut'rent allocation of
gasoline taxes to road construction. This will address the newly enacted five cent local
option gasoline tax, as well as information the Florida DOT may be able to provide
relative to enhanced TEA-21 funding.
In addition, greater refinement of land uses in the fee schedule is desired, and Collier
County staff has received special studies of unique land uses which will be reviewed for
incorporation into the technical aspects update. Inclusion of a general commercial land
use category will be considered and guidelines for its applicability will be developed.
TOA has also undertaken many studies of site trip-making characteristics since 1992,
when the previous technical study was completed. We will draw from this database to
update and enhance the current fee schedule.
Library Issues
The Library impact fee requires an update to reflect advances in technology, current
strategies for delivering library resources, and recognition of the demands made by
businesses. Computers and access to the Internet are changing the way libraries store
and retrieve information. Instead of subscribing to printed materials, subscription to
internet services is becoming the mode of staying current with information. This change
in technology requires expenditures for equipment and communications media which
will be addressed in the impact fee structure. In addition, the County library system is
finding it more cost-effective to provide fewer, but larger, "regional" libraries rather than
many, but smaller, branch libraries. Finally, the current fee charges only residential
uses and exempts businesses. However, businesses are increasing their usage of the
public library system as can be evidenced by information requests fielded by library
staff. Collier County's standards will also be compared to those of other communities
and those published by the Florida Library Association's Public Library Standards
Working Committee.
Emergency Medical Services (EMS) Issues
The EMS system share facilities with the fire protection services in Collier County,
which are largely independent fire districts. In addition, the communications used by
the EMS system make use of a centralized dispatch for all emergency services for the
entire County. Further, management strategies such as joint response vs. single
vehicle response are being implemented as well. These working relationships will
require careful evaluation of the financial accounting for the costs of vehicles, their
attendant equipment, and housing facilities. The allocation of fees between residential
and non-residential land uses will be based on the "functional population method" which
evaluates the number of individuals and the time duration spent at different types of
land use facilities. This information will be compared to the time and frequency of calls
by time of day to evaluate an appropriate allocation of costs between residential and
non-residential land uses.
77ndale-Oliver & Associates, Inc.
July 15, 1999
C:~WINDOWS~ TEMP~rev-scope. doc
Collier County
1-6 Impact Fee
Growth ~llo¢~tion ~nd changes in population trmnd$ ~ill ~15o be considered in the
~n~ly$i$ because the population of Collier County is beginning ~ trend to
f~mily-ori~nted population. ,
Tindale-Ofiver & Associates, Inc.
July 15, 1999
C:~WINDOWS~ TEMPVev-scope. doc
Collier County
1-7 Impact Fee
FEE AND PROPOSED FEE BASIS
The proposed fee for the Study is $89, 379. This fee is an estimate based upon our experience in
doing impact fee update studies in other communities, and is subject to revisions once the extend
of available data is ascertained. We are flexible on our contract approach. It may be appropriate
in the early phases to enter in a master contract with initial work orders to assess the level of
analyses necessary to accomplish the specific technical analyses required to support he impact
fees. Included in the fee estimate are nine monthly meetings in Collier County to report of project
progress, and two public presentations before the Board of County Commissioners. A summary
of the budget allocated to the major task elements is provided below.
In addition, there is $84,700 for the review of 20 ordinances for the eight (8) substantive areas.
Additionally, if there are land uses for which local staff feel travel characteristics are unique, and
for which we have not previously undertaken studies in other counties, field studies can be
undertaken to verify and document those unique characteristics. The number of land uses for
which Collier County desires field studies of trip rate, trip length, and percent new trips is not
indicated the Request for Proposals, so a fee per site of $3,250 is also proposed.
Proposed Fee
Engrl
Prin PM Sr Engr Planner Tech Clerical Arty ACN Exp Task Budget
$146 $139 $90 $56 $35 $31 $165 $150
Task 1: Review Documen~
Task Total: $7,898
Task Total: $24,860
Task Total: $28.539
Task 4: ........ a- and Public Presentations
/Ionthly Coordination/Proqress Meetieq~ ITOA) 40 72 $1~13C ~16~943
~tonthh/Coordination/Proqrsss Meetinqs {I-M) $71 $71
,tnnthlv Coordinntinn/Prnaress M~tinn~: 1{*'4~A~ 1{ ~g26 $3326
)repare for Public Meetinqs 2 4 6 4 $10C $1.271
{O(';,C, pr~nt~tinn,~ I?~ 16 16 81 $714 $6.465
Task Total: $28.082
Job Totals: ~89r379
Task To~l: $3.250
0
ADDITIONAL FEES
OUTLINE OF ICARD, MERRILL SCOPE OF SERVICES AND BUDGET
BUDGET HOURS TASK
7,000 42.5 hrs 5.A. Review 20 ordinances for 8 substantive areas:
1. Road (3)
2. EMS (1)
3. Library (5)
4. Education (3)
5. Parks and Recreation (4)
6. Water/Wastewater (2)
7. Fire (1)
8. Correctional Facilities (1)
1,600 9.7 hrs 5.B. One (1) meeting with staff re: decision process, decision maker,
appeals, etc. (includes preparation and follow-up)
21,000 127.5 hrs 5.C. Outline of revised ordinance formats for A-G (reformatting
only)
1600 9.7 hrs 5.D. One (1) meeting with staff re: outlines (includes preparation and
follow-up)
18,000 109.0 hrs 5.E. Draft of revised format for ordinances for B-G (reformatting
only)
6,900 42.0 hrs 5.F. Draft of revised ordinance for A (reformat and substantive
changes)
1. Legal issues
2. Drafting
1,600 9.7 hrs 5.G. One (1) meeting with staff re: all revised ordinances (includes
preparation and follow-up)
7,000 42.5 hrs 5.H. Final ordinances for A-G
6,400 39.0 hrs 5.1. P.C. and BOCC adoption hearings (4) (including minor, but not
major modifications)
10,000 60.5 hrs 5.J. Draft Administrative Procedures Manufd for revised ordinances
A-G
1,600 9.7 hrs 5.K. One (1) meeting with staff re: APM (includes preparation and
follow-up)
2,000 12.2 hrs 5.L. Final APM
$84,700 514.0 hrs ICARD MERRILL CULLIS TIMM FUREN & GINSBURG, P.A.
TOTAL BUDGET ONLY
SCHEDULE AND MANAGEMENT PLAN
The proposed Scope of Services is divided into four major project phases, as iljustrated in the
Gantt chart below. The first two-month phase involves reviewing the existing fee ordinances,
administrative procedures, fee schedules, adopted comprehensive Plans, and Capital
Improvement Programs. Countywide growth projections and demand estimates will be reviewed
and the logical premises for assessing impact fees for each service area will be developed. The
standards adopted in local government Comprehensive Plans will also be reviewed and the
magnitude of existing deficiencies and projected deficiencies will be identified. A summary of key
policy issues and data needs will be presented with a Technical Memorandum. This
memorandum will serve as a guide for the philosophical and legal approach to updating the fee
programs and to identify potential changes that may be necessary in the way the County does
business.
Once the logical premises for assessing impact fees are established, then the second phase
begins. Data regarding current facility inventories, demands, and capacities of the existing
infrastructure will be compiled and the financial capability to expand the services to serve future
growth will be reviewed. In the process of this analysis, the demand for services generated by
each unit of land development activity will be evaluated and appropriate credits quantified. This
phase of the schedule will culminate six months into the study schedule with the quantification of
administrative, policy, and technical issues and the preparation of initial fee schedules.
The third phase of the project will require one to two months, and involves working with County
staff to discuss adjustments to County policies and administrative procedures to implement the
alternative impact fee schedules. Upon determining the appropriate policy direction, the technical
analyses supporting the impact fee will be used to generate alternative fee schedules, and
decisions will be documented and reviewed for legal sufficiency.
The fourth phase of the project involves presenting the proposed schedules to the Board of
County Commissioners in a series of workshop sessions. This phase culminates in the adoption
of the modified impact fees and updating ordinances and administrative procedures to guide the
appropriate administration of the updated fees.
Collier County Impact Fee Update Study
Project Schedule
I 1999 - 2000
Task July Au~ Sept Oct Nov Dec Jan Feb Marcl'
The Management Plan involves communication, scheduling and deliverables and quality control.
All project communication will be channeled between the County's Project Manager and the
Consultant Project manager, Bill Oliver. Mr. Oliver will coordinate with various team members to
ensure continuity of work effort and consistency of philosophy among the team members and
technical tasks. We also recommend establishing a Steering Committee of the four key County
"discipline directors" - Phil Tindall, Ed Kant, John Jones, and Diane Flagg - to provide for
continuing project management and leadership. Project management meetings will be held with
this committee on a regularly scheduled monthly basis to review progress and to resolve issues.
AU6 0 3 FJ99
These monthly meetings may be expanded into workshop sessions with other County staff as the
need arises.
As the outset of the project, a major milestone schedule will be developed. Monthly status reports
will be submitted with invoices indicating major tasks accomplished during the preceding month
and identi~ing tasks that will be accomplished during the upcoming months. In this way, the
County Project Manager will be able to monitor the progress of the Consultant throughout the
duration of the project.
Project management also involves quality control and quality assurance. Quality assurance
reviews are undertaken through a peer review process and by comparing findings of the technical
analyses with those of other Counties. From our work in other Counties, we are aware that
certain ranges of values for unit costs and demands are typical of many communities. While
some communities have unique characteristics which require that demands and unit costs differ,
we also know that certain ranges of values are typical If values fall outside of commonly
encountered ranges, additional investigation and explanation are in order. Quality control is an
attitude that begins with the individuals working on the project. Staff meetings are held regularly
to ensure that each team member understands the tasks they are assigned to do and how they fit
in with the overall project objectives.
J:/07304\Docs\Schedule and Management Plan.doc
August 3, 1999
Item #8C2
APPLICATION FEE FOR A MATCHING $10,000 URBAN AND COMMUNITY FORESTRY
GRANT - APPROVED
CHAIRWOMAN MAC'KIE: Let's do now -- let's see. It would be
8(C) (2), which was formerly 16(C) (8) that we've got before us.
Commissioner Constantine.
COMMISSIONER CONSTANTINE: Can I just ask a question procedurally
here?
CHAIRWOMAN MAC'KIE: Oh, yeah.
COMMISSIONER CONSTANTINE: We haven't done 8(A) (1) or (2) or (3).
CHAIRWOMAN MAC'KIE: Uh-huh.
COMMISSIONER CONSTANTINE: How come we're --
CHAIRWOMAN MAC'KIE: You were out of the room. But (1) and (2)
are too long while we're waiting for Marco' Island people to get here
at 2:45. And (3) the staff was not prepared at the moment that we
called it. We'll come back to it right after this one.
COMMISSIONER CONSTANTINE: 16(C) (8). Is that the one?
COMMISSIONER NORRIS: Yes.
MR. OLLIFF: Again, for the record, Tom Olliff, Public Services
Administrator. Item 16(C) (8) is a request for the Board to authorize
an application for a $10,000 urban and community forestry grant. The
grant does request a $13,400 match on the part of the County, but it
also does recognize that there are $31,000 that have been donated in
private funds for this project, as well, as well as $7,000 of in kind
donations from local landscape firms.
COMMISSIONER CONSTANTINE: This is $13,400 of local money will go
towards making a vegetable garden or some sort of garden? CHAIRWOMAN MAC'KIE: Private money, am I right?
MR. OLLIFF: The $13,400 is actually the general fund match
portion that we're requesting as part of this grant application. There
are a series of gardens that have been planned at the extension center
and they are termed learning gardens. They are gardens designed to
have the public go out and learn how to do garden projects at their
own home that will be anywhere from the -- the first one that is
already in place is a recycling garden.
It shows you how to use recycled materials, whether it be mulch
or recycled tire materials or those kinds of materials to a Xeric
garden, which is one of the ones that is planned in this phase to show
the public exactly what are Xeric plants, how to plant them, how to do
your yard in a Xeric fashion. So there are a number of
educational-type gardens that are being planned.
CHAIRWOMAN MAC'KIE: Is there any way that the match can be from
private dollars or does it have to be County general fund match?
MR. OLLIFF: No, it doesn't have to be from County general fund
match. I think in order to get the funding necessary to do all of
phase one, the additional local match was being requested.
COMMISSIONER CONSTANTINE: I think in order for me, anyway, to be
consistent with what I have done on other funding issues like this
where they might be great ideas, but they don't fall under health,
safety and welfare by any means, I can't support it. It's not a big
dollar item. It's just --
COMMISSIONER CARTER: Tom, how many people actually participate
and go and look at these gardens; do we have any kind of data that
says that this is something that people even know about and utilize?
Page 76
August 3, 1999
MR. OLLIFF: I don't have numbers. The only garden that is
currently up and running is the recycling garden. And I would say
that in and of itself is probably not a draw that is going to get
people to go out to where the extension office is.
CHAIRWOMAN MAC'KIE: That's the problem. If it were something on
this campus or somewhere more in the urban area, but it's so far out
there. I don't know who is going to be accessing it.
COMMISSIONER BERRY: Well, remember, too, you're looking at 4-H
projects.
CHAIRWOMAN MAC'KIE: Is this a 4-H project?
MR. OLLIFF: This is a 4-H project. And I will tell you --
COMMISSIONER BERRY: And it's perfectly legitimate that it should
be out there at the County extension office. And I'm sitting on that
foundation board and there's --
CHAIRWOMAN MAC'KIE: That's a different story.
COMMISSIONER BERRY: -- a lot of interest in this particular
aspect.
COMMISSIONER CARTER: 4-Hers do participate in this process?
COMMISSIONER BERRY: That's my understanding of it. They are
going to be the ones for the most part that are going to be tending
and learning with this particular item.
MR. OLLIFF: They will tend and teach. As well, you need to
recognize there are several thousand members of your master gardener
program who will be involved in the production of these gardens and
maintenance of these gardens, as well.
CHAIRWOMAN MAC'KIE: So is there any further discussion or a
motion on this matter?
COMMISSIONER CARTER: I move we accept staff's recommendation.
COMMISSIONER BERRY: I second it.
CHAIRWOMAN MAC'KIE: Discussion?
All in favor say aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Opposed?
COMMISSIONER CONSTANTINE: Aye.
Page 77
August 3, 1999
Item #8El
RESOLUTION 99-329, APPROVING THE COUNTY,S PROPOSED MILLAGE RATES AND
SETTING THE PUBLIC HEARING DATES FOR ADOPTION OF THE 1999/00 AMENDED
TENTATIVE BUDGET AND 1999/00 FINAL MILLAGE RATES AND BUDGETS
CHAIRWOMAN MAC'KIE: Okay. We'll hold off on 8(A) (1), (2) and
(3). And now that our friends from Marco are here, we'll go back. If
someone would move to remove the item from the table, we'll go back to
the budget discussion.
COMMISSIONER NORRIS: I will so move.
COMMISSIONER BERRY: I will second that.
CHAIRWOMAN MAC'KIE: All in favor say aye.
Opposed?
COMMISSIONER CONSTANTINE: Aye.
I will change that to an affirmative.
CHAIRWOMAN MAC'KIE: I would like to smack you.
Okay. So if we could -- if whoever from Marco might come talk to
us about the City's official position on public safety.
MR. SOLDENWAGNER: Good afternoon, Madam Chair, Commissioners.
John Soldenwagner, for the record. 141 South Collier Boulevard, Marco
Island, Florida.
I understand you're looking from us information concerning
providing our own indigenous police department and what the time frame
is. Our time frame has been to be operational by January 1st, 2000.
Right now we are on schedule for that to happen.
We are going to be providing 20 law enforcement officers to be
patrolling the streets of Marco Island hopefully by January 1, 2000.
We're going through the selection and recruiting process as we speak.
At last report we've tendered 11 conditional employment
opportunities to public safety officers. Most of those officers have
already been previously certified or are certifiable with comparative
compliance training from Florida Department of Law Enforcement
Council.
There is no way of course -- I think what you're looking from me
is to how that plays a role with the Sheriff and the budget that
you're facing at this particular point. That kind of information
probably should be coming more from the Sheriff because, as you know,
he is the one that determines staffing levels, et cetera, et cetera,
et cetera, as far as law enforcement in Collier County, simply based
on his constitutional authority.
So also when one considers the fact that even if a municipal --
even if a city has its own municipal police department, the Sheriff
still is the chief law enforcement officer of Collier County and
requires law enforcement as he sees fit. So I think those questions
could probably be more directed to the Sheriff.
We hopefully will be operational by January 1st. Now, there is
no way in the world that we can guarantee January 1st. All I can tell
you is that we're looking good at this particular point in time and I
would expect us to be pretty close to January 1st, 2000.
I would be more than happy to answer any questions.
CHAIRWOMAN MAC'KIE: You have already.
COMMISSIONER CARTER: Just a point of clarification. You're
looking to put on 20 positions by January 1 and you've already made 11
offers; am I correct?
Page 78
August 3, 1999
MR. SOLDENWAGNER: That's correct. Now, that does not mean that
they are on board. That is contingent on certain -- passing of
certain requirements; psychological, polygraph, so on and so forth,
background investigation. You can well imagine that we're on a very
fast track here, but we want to do a very thorough job. We feel very
serious about, you know, pinning badges and arming people in the
streets of Marco Island to make absolutely certain they are the
highest quality police officers that can be had.
CHAIRWOMAN MAC'KIE: May I ask you somewhat an uncomfortable, but
blunt question? Are you aware of a letter that I received in June
from one of your council members on this issue?
Do you have that letter, Mr. Fernandez, so you can show him which
one I am talking about? Because it seems to state some -- frankly,
it's a source of my confusion on the issue and doesn't offer the same
comfort that I have now from hearing you face to face on the issue.
My question is going to be: Is yours the official word on behalf
of the Marco Island City Council?
MR. SOLDENWAGNER: I believe that I have just given you the
position of the City of Marco Island Council. Now, what this may be
referring to is -- again, you know, when you're shoring the parameters
of a particular thing as important as public safety, I think what
we're all looking for here is we also recognize that the Sheriff's
Department, whether it be Marco Island or any other city or
unincorporated portion of any County in the State of Florida,
recognizes that the Sheriff is the umbrella operation.
Most communities don't have their own SWAT teams. They don't
have their own narcotics enforcement or specialty operations. So --
and, also, the fact of the matter is that the Sheriff -- and, again, I
can't speak for the Sheriff -- I am sure will still provide some sort
of road patrol service in Marco Island.
Now, it might not be to the degree that we have now, but, again,
that's a decision he's going to have to make. For example, if the
Sheriff in his wisdom decided that the citizens of Marco Island
weren't being provided with suitable law enforcement services, the
Sheriff has the option to come in here any time he wants and do
whatever law enforcement he sees fit to do.
CHAIRWOMAN MAC'KIE: Actually, he has the duty to do that.
MR. SOLDENWAGNER: Absolutely. The constitutional responsibility
and authority.
CHAIRWOMAN MAC'KIE: And my -- do you anticipate that the level
of service the City of Marco is going to provide for its residents is
somewhat similar to the City of Naples?
MR. SOLDENWAGNER: What we're hoping to provide is that some day
we're going to be able to provide a more visible patrol. And, in
fact, that's why 95 percent of the cities in the State of Florida have
their own indigenous police department. They want the control to
recognize how many patrol vehicles and what level of service to
provide their particular constituency.
I don't think anyone in the City of Marco Island would be willing
to reduce services. We're looking to improve services. However,
having said that, we also look forward to a long-term working
partnership with the Collier County Sheriff and the Collier County
Sheriff's Department in providing a level of service to our
constituency that is the best, or at least tries to be the best, in
the State of Florida.
CHAIRWOMAN MAC'KIE: Commissioner Berry.
Page 79
August 3, 1999
COMMISSIONER BERRY: I have -- in regard to that, I have a
question. If you are going to have your own public safety operation,
what would be your expectation in terms of a response time from the
Sheriff's Department?
MR. SOLDENWAGNER: Well, the fact of the matter is we won't --
when we're fully operational with our road patrol, the initial
dispatching will be through a Marco Island police officer. In other
words, for example, we're going to utilize the Sheriff's Office and
his dispatching services to speak directly to the Marco Island Public
Safety Department. In fact, we're working out a deal with them right
now that they provide initial dispatching services.
Now, some day we may very well in the future ~- hopefully, circa
2005. We may decide to have our own dispatch center. But initially
the calls will be going to the Marco Island Public Safety Offices
contingent, again, if we have those 20 officers fully trained, fully
certified on the streets by January 1. I think we're able to do that.
CHAIRWOMAN MAC'KIE: Your expectation is that the Sheriff is
going to be supplemental in ways similar to how the Sheriff is
supplemental to the City of Naples; SWAT, jail, at this point 9-1-1,
et cetera.
MR. SOLDENWAGNER: Well, we're going to be paying for our own
9-1-1 services. You know, this isn't provided by -- through the
general fund.
CHAIRWOMAN MAC'KIE: I am sorry. Separate item.
MR. SOLDENWAGNER: That's a separate item. The fact of the
matter is that when you consider the fact that simply the way that the
tax base is -- and you know that better than we do. But we will be
paying significant funds into the Collier County Sheriff's Office. And
for that we would be expecting the kind of response -- and I am fully
confident that the Sheriff will provide those services.
He has in the past. I have had conversations with Sheriff Hunter
and he has my fullest confidence that he will provide what is ever
required for the City of Marco Island in his role as Sheriff and the
chief law enforcement officer of Collier County. CHAIRWOMAN MAC'KIE: Commissioner Berry.
COMMISSIONER BERRY: My concern is -- and I hope I misunderstood
what you said. But it sounded like you said that because you -- the
City of Marco Island pays a considerable amount of money due to their
tax base that you would expect that the service on Marco Island would
be -- it sounded like you were intimating that it would be
considerably better perhaps than an area that wouldn't have a
significant tax base.
MR. SOLDENWAGNER: No, no. That was certainly not my intent. All
I was indicating to you is we pay a significant portion into that
budget and for that services will be provided by the Sheriff and we
are confident that the Sheriff will provide those services.
CHAIRWOMAN MAC'KIE: Commissioner Norris.
COMMISSIONER NORRIS: Well, I just want to reiterate what I said
this morning. We don't want to lose sight of the fact that the things
are different this year than they were last year. COMMISSIONER BERRY: Right.
COMMISSIONER NORRIS: Last year -- the budget year we're
currently in, we, by necessity, needed to separate Marco Island out
and have a separate payment from them, which they graciously agreed
to. But this year circumstances are different. This next budget year
all the Sheriff's funding is coming from the general fund. And,
Page 80
August 3, 1999
therefore, Marco Island is paying at the same rate as East Naples or
City of Naples or Golden Gate or Looneyville and that issue is not
there anymore.
So for the discussion to digress again like it was this morning
into saying the Sheriff needs separate money for Marco Island, well,
that's just not true because it's all being collected general fund
now.
MR. SOLDENWAGNER: And last, but not least, if I may add this.
The Sheriff, I'm assuming, being the law enforcement professional that
he is, will provide documentation to you regarding levels of service
and calls for service. As we all know, law enforcement agencies are
incident driven. The phone rings, you pick it up, and you respond.
This isn't one of those things where, "Can we put it off until
Monday?"
So I'm sure the Sheriff is looking for the best possible way that
he can provide service to Collier County, whether you are a
municipality or whether you are unincorporated. Now, recognizing
again -- let me underscore for emphasis -- the fact that he recognizes
that once a department is fully operational and has their own road
patrol, there may be a reduced level of service.
But I don't want to say that for the Sheriff. I can't speak to
his constitutional authority and responsibility.
CHAIRWOMAN MAC'KIE: Of course.
COMMISSIONER NORRIS: We understand that.
MR. SOLDENWAGNER: That's up to the Sheriff --
COMMISSIONER NORRIS: Absolutely.
MR. SOLDENWAGNER: -- to come up to the folks that control the
purse strings and make that decision.
COMMISSIONER NORRIS: Thank you for coming up here. We
appreciate that on short notice. That was very nice.
CHAIRWOMAN MAC'KIE: It was very kind of you both to drop
everything and come up.
MR. SOLDENWAGNER: Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you.
Okay. The item is off the table. It was a motion.
COMMISSIONER BERRY: It still leaves the question because it came
up this morning -- not so much now for the City of Marco people, but
maybe for the Sheriff in again asking for the $800,000. I mean, it
seems to me that there still is not that understanding.
COMMISSIONER CONSTANTINE: The rationale this morning was because
they had been told now it won't be January 1. COMMISSIONER BERRY: That's right.
COMMISSIONER CONSTANTINE: We were told, yes, it will be.
CHAIRWOMAN MAC'KIE: If it's going to be January 1 that $800,000
is irrelevant. If it's not January 1, that's what the --
COMMISSIONER BERRY: It's still irrelevant because of the general
fund funding.
CHAIRWOMAN MAC'KIE: It seems to me that it should be. Because
if it isn't, boy, the City of Naples sure wants to know.
COMMISSIONER BERRY: I would think they would. That's what --
that's my point in this whole thing. We've gotten around to -- we
have lost sight of the fact that we have changed that funding source
from last year to this year.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: Is there a motion on this or not?
Page 81
August 3, 1999
CHAIRWOMAN MAC'KIE: Well, the question -- actually, we've
already voted on that particular issue. The only question left on the
table was about the reserves. And, I believe, the motion was to agree
with staff's recommended change in the reserve policy.
COMMISSIONER NORRIS: We did vote on that.
COMMISSIONER BERRY: We voted on that.
COMMISSIONER CARTER: We voted on that this morning.
CHAIRWOMAN MAC'KIE: Then what is left?
COMMISSIONER CONSTANTINE: Millage rate.
CHAIRWOMAN MAC'KIE: Then I have one more question before millage
rate. Is there a motion on the floor for millage rate; does anybody
know that?
COMMISSIONER NORRIS: I don't think there is a motion on this.
COMMISSIONER BERRY: I don't think so.
CHAIRWOMAN MAC'KIE: I have one -- I have a question, first of
all, probably for Commissioner Constantine, maybe for Commissioner
Carter.
Is there any update on Healthy Kids' money; were you able to get
any private funds?
COMMISSIONER CARTER: I am in the same position I was in June.
The offer is still on the table. I defer to Commissioner Constantine.
CHAIRWOMAN MAC'KIE: The offer was that --
COMMISSIONER CARTER: That they would -- the private sector would
-- as we expand the program, the private sector would match 50/50 with
the County. If it's 56,000, they would take half of that and they
would pay for it and the County would pay for the other half.
CHAIRWOMAN MAC'KIE: So has the ....
COMMISSIONER CARTER: In the expansion of the existing program.
The hospitals are already saying, "We will maintain the current
level." Doctor Konigsberg had asked for an expansion of the service.
CHAIRWOMAN MAC'KIE: Quite appropriately. Because, as we learned
in that first meeting of the Health Care Committee, there are in fact
-- the number they said at the committee were thousands of children
without health care insurance because of the unavailability of funds
in our program.
Any news, Commissioner Constantine?
COMMISSIONER CONSTANTINE: No. As you know, I spent most of our
recess out of State with my family. I am still committed to doing
that. I will work on that between now and the September budget
hearings.
CHAIRWOMAN MAC'KIE: I wonder if -- I wonder if we could get a
commitment from the Board. Well, there is several ways of treating
this. One is that we adopt the millage the way it currently is and
hope that Commissioner Constantine comes through with the money. If
he does --
COMMISSIONER CONSTANTINE: I would just like to -- before you go
any further, there is five of us here. There is five of us here and
it's just not up to Tim to find money. All of us have the opportunity
to go out. I will gladly do that and I am willing to do that, but I
remember during those budget hearings saying, "All of us ought to be
out doing that." I repeat that.
CHAIRWOMAN MAC'KIE: Oh, I have. I have beaten bushes to death
and found that there -- every place I have looked the response has
been, "This is a role for County government to play."
This is a health, safety -- health more than anything. It's our
very first charge. And the fact that it's a public/private
Page 82
August 3, 1999
partnership and it's not a free program, it's not a welfare program,
but is one that is actually a capitalist kind of insurance -- doctors
get paid. But the response I have gotten is is that the County needs
to belly up.
So my -- before we set the millage, my question is: Do we want
to increase the millage that tiny amount to be able to include that in
case Commissioner Constantine and others are unable to get the money?
Do we want to accept the offer one more time, assuming it's still
on the table, from Commissioner Carter's group?
Or the only other alternative I have is could we please at least
flag $100,000 that we've got in the budget for our TV show? That if
we can't get the private money, we will fund Healthy Kids, instead of
funding the television show for County Commissioners? Is there any support for any of those?
COMMISSIONER CONSTANTINE: I don't think -- number one, I don't
think it's a TV show for County Commissioners. I am pretty sure the
idea was to have a television show to benefit the public with
information.
CHAIRWOMAN MAC'KIE: Nevertheless, in the prioritization of
matters, surely Healthy Kids would come ahead of a television show,
whether it's for staff or for tap dancers. I don't care who it is.
COMMISSIONER CARTER: Let me ask this. How much does $56,000
change the millage?
COMMISSIONER CONSTANTINE: I guess what is frustrating to me in
answering your question is that we had these discussions during the
budget hearings.
CHAIRWOMAN MAC'KIE: Now we're setting the millage.
COMMISSIONER CONSTANTINE: You know, we're again where we were.
So now to revisit and revisit and revisit just because you're in the
minority and disagree just is very frustrating.
CHAIRWOMAN MAC'KIE: Very honestly, Tim, I really did think that
your fund-raising activities would go on during the break so that we
could know before we set a millage cap whether or not we would have
these monies.
COMMISSIONER CONSTANTINE: I think if you go back and look at the
minutes I clearly said the time period of September budget hearings.
CHAIRWOMAN MAC'KIE: I bet you did.
COMMISSIONER NORRIS: I'll make a motion that we adopt our
resolution to the proposed property tax rates as in our executive
summary here.
The second recommendation is to approve the change in the general
fund reserve policy. We've already done that. MR. SMYKOWSKI: That's correct.
CHAIRWOMAN MAC'KIE: My question -- if you don't mind it being
answered -- and I will before I call the question is: The ad valorem
repercussion -- isn't it $86,000 that we --
MR. SMYKOWSKI: Healthy kids was $86,000.
CHAIRWOMAN MAC'KIE: What would that do to the millage?
COMMISSIONER NORRIS: I think we understand it will be small.
CHAIRWOMAN MAC'KIE: Okay.
While he's finishing the math, would anybody be willing to make
the television show contingent on -- that we get the TV show if we get
private funding for our Healthy Kids and we don't get the TV show --
COMMISSIONER NORRIS: I will see if my motion --
COMMISSIONER CONSTANTINE: I will second the motion on the floor.
Page 83
August 3, 1999
MR. SMYKOWSKI: The millage rate will increase to 3.5098 from
3.5058.
CHAIRWOMAN MAC'KIE: God, that's worth it.
Is there any further discussion on the motion?
All in favor say aye?
COMMISSIONER BERRY: Aye.
COMMISSIONER NORRIS: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Opposed?
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Aye.
It passes three to two.
Page 84
RESOLUTION NO. 99- 329
A RESOLUTION APPROVING THE COUNTY'S PROPOSED
MILLAGE RATES AND SETTING THE PUBLIC HEARING
DATES FOR ADOPTION OF THE 1999/00 AMENDED TENTATIVE
BUDGET AND 1999/00 FINAL MILLAGE RATES AND BUDGETS.
AUG - 3 1999
WHEREAS, Section 200.065, Florida Statutes, provides procedures for fixing the millage
rates; and
WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and
adoption of the budget; and
WHEREAS, the Board of County Commissioners has received and examined the tentative
budgets for each of the County's funds including all estimated receipts, taxes to be levied and
balances expected to be brought forward, and all estimated expenditures, reserves and balances to
be carried over at the end of the year; and
WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County
Commissioners shall hold public hearings to adopt the tentative budgets.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Proposed millage rates as set forth in the attached Exhibit "A" and incorporated
herein are hereby approved as the County's proposed millage rates pursuant to Sections 129.03
and 200.065, Florida Statutes.
2. The public hearings to adopt the 1999/00 amended tentative budgets and 1999/00 final
millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes, will be
held by the Board of County Commissioners on September 7, 1999, at 5:05 P.M., at the Collier
County Government Center, Administration Building, Third Floor Boardroom, 3301 East
Tamiami Trail, Naples, Florida, and on September 22, 1999, at 5:05 P.M., at the Collier County
Government Center, Administration Building, Third Floor Boardroom, 3301 East Tamiami Trail,
Naples, Florida.
.~ ,T~his'R~so!ution was adopted after motion, second, and majority vote.
:- BOAP OF COUNTY COMMISSIONERS
. ., ,.. . .~:.~,~, , N;' ,. /
A~;test Ii' 'tO' ~:hltl"lta'l PAMELA S. MAC'KIE, Chair(roman"
Approved as t~) form and
legal sufficiency:
County Attomey
h:Kay/Resolution
Collier County, Florida
Property Tax Rates
FY O0
Proposed
AUG- 3 1999
Attachment "A"
Water Pollution Control 114 0.0413 0.0378 0.0355 -6.1%
:::: :: ::::::: ::: :: :: :::::::::: ::::::::::?. :: :: :: :: :::::: :'-:::: :: :: :: !::: :::::::: :: :: :::: ::::i::::: :: ::::::: ::: :::: ~ !:: ::::::: !::::::::: ::!: :::::: ::~: :: ::.~:::: ::::::::::::::::::::::: :::: :: :: .~ ::: ::::::¢:: :::: ~:: !: :: ~::i: ~:!::: :: ::!¢ :::: i::: i::: :: ~: ~: i: ::i:::i: [:::.". ~:~:i:[: .". ~,'. ¢~: .".i ¢ ~:i:i::: ~i¢ ~:i:.".~: :¢i¢:: i: ~: ~i:~:i:i:~: ~:')i¢ ~:i::: :::¢ i: ~:i¢~¢ ::::: :::~::::::::::::::: :::::::::: :: :::::: ::: ::::: :::::::::::::::::,': :::::::::: :: :::::: :::: :::::::: :: :::::: :::::::: .):::::: :::: :::: :::: :: :::::::::::s: :::::::::::::::::::::: :::
Total County Wide Millage Rate 3.5923 3.2890 3.5413 7.7%
Road District 2 103 0.1163 0.1074 0.1422 32.4%
Road District 5 106 0.2195 0.1884 0.3300 75.2%
Golden Gate Community Center 130 0.2985 0.2841 0.2260 -20.5%
[Naples Park Drainage 139 0.0000 0.0000 0.0000 ffN/A
Victoria Park Drainage 134 0.1240 0.1195 0.1140 -4.6%
Naples Production Park 138 0.0000 0.0000 0.0000 gN/A
Isle of Capri Fire 144 1.0000 0.9714 1.0000 2.9%
Collier County Fire 148 1.7979 1.9275 2.0000 3.8%
Radio Road Beautification 150 0.5000 0.4841 0.5000 3.3%
Lely Golf Estates Beautification 152 1.5000 1.4648 1.5000 2.4%
Forest Lakes Roadway & Drainage MSTU 155 0.0000 0.0000 1.0000 fflq/A
Bayshore Avalon Beautification 160 3.0000 2.9352 3.0000 2.2%
!Marco Island Coastal Beach Renourish 207 0.0000 n/a 0.0000 #N/A
Collier County Lighting 760 0.1886 0.1897 0.1719 -9.4%
Marco Island Lighting 775 0.0000 n/a 0.0000 glq/A
Attachment"A" AUI~ - 3 1999
Collier County, Florida
Property Tax Dollars
FY 00
Proposed
~":'<:::' :: :~:: '<:: '~ '~ ~": ~ :: ~ :::::::::::::::::::::::::::::::::: :::':;:;:':::~ :':' :' ~ '~ :: '~:'~ ~'~'~:'~'~i '~'~ ~:'~ ~¢ ~>:.,~ ~ ~ ~'"'"'"'""'"~'"" '~'"'
< ~ .~ .~ ,,..':: '::. >. ~.<,:..: · .~ ~,.:~.~ ~:'.~ ~ .'~ .: ~. '.~ '...: ,~. :.: :~ ~.,:,:-'~.:.:,:-:~,;.~.~ ~.: .:.:,'-' .:.:,:-'.'. ,..~<.:~,:~ ~,:~+:~ ~.:~,:~ +: .:.~.'~.',.:~',.,:.'...{,...-:..v,-,
Water Pollution Control 1 i 4 881,449 923,428 g66,600 -6,2%
Total County Wide Taxes Levied 76,669,002 80,348,017 86,511,100 7.7%
Road District 2 ! 03 818,760 873 ,270 1,156,600 32.4%
......... ................................ ............. ....... .................. ...... .............. ..............
Road Dis~ct 5 106 306,992 326,625 572,100 75.2%
:':':':'~:~:~:~:~:~:5:~:~:~:~:~:~:~:~:~:~:~:::~:5:?:'~::'~ ~:~:~:~:~ ?'=':'~:~:5~:~:~:~:~:~:?: :':':'~::<:~::':~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ?~?= :': ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S~ :':'=~'=':':':::'=': ?:::'::=':': ~ ~ ~ ~ ~ ~ ~':'>~':':':'::=':??~::': ~ ~ ~ ~ ~ 5 ~ ~ ~ ~:~"'::':':':':':':'~':':':':':':-::~ ~ ~ ~::': 5::':':':::': ~
Golden Gate Communi~ Center 130 214,782 219,763 174,800 -20.5%
Pine ~dge Indus~ P~k 140 25,398 26,275 9,600 -63.5%
Golden Ga~ P~ay Beautfieafion 136 195,608 197,637 207,200 4.8%
Naples Production Park 138 0 0 0
Naples Production Park ~ 141 6,823 7,082 33,800 377.3%!
Ochopee Fire Control 146 496,625 509,532 533,900 4.8%
s Goodland/Hor~s Island Fire ]49 0 0 6 ],300 firN/A
S~ P~m RoM MS~ 151 25,496 25,938 0 -100.0%
Hawksfidge S~wa~r Pumping MS~ 154 2,098 2,603 1,500 ~2.4%
:':'='~:~:~:~:~:~ ~:~:::~ =': ~ ~:~'=:~:: ':':':~: ~: ::'::~:::: :~::: ':':: ::':':'::~:: ':':::: ~:~: :~':: :~'~'~':';'~'~'~'~';' ~:~::~ ~: ~: ~:~: :~ ~: ~':' ::'=::':': ~:~:: :~:: ~: :5:::: ::::: ~: ~:~ ~: ~: ~::: :~: ~:: :::: '='::::: :~:~: ~: :~: ~:: ~: ~: :~:::: ~:::: :='=: ~: ~:: ~: ~: ~: ~: ::~: ~: ~:~ ~:='=:;':':: '='::='::='::: ~:~: ~:: ~ ':~:: ::'=':'=::'::=' '=::
Immok~ee Beautification MS~ 156 223,048 224~99 233,100 3.9%
[P~ks GOB Debt Se~ice 206 864,902 915,206 835,800
Isles of Capri Municip~ Re~ue 244 30,932 32,725 30,100 -8.0%]
::'"::::~"':':".~:~:~:¥':'{:::~:~:~:~:~::';:~:~ ~"'? ':~?":::'~:~::~: :~ ~: :~ ~:5: ~ ~: ~ ~: ~: '~?~: ~: ~:~:: ~: {:{::"':':'":':':: K<:: ~:~::: ~: ~: ~:~: ~:[~:5~:: :~ ~::"':'";"':~:;'":':':"'::: :~:~ ~ ~::: ~: ~: ~::: ~::':':':':':' ::':+:' ':'::: ~; :~:: :~ ~: ~:~ ~:~ ~::: ~"::"': ":: ':':::':::':':::: ~:::::::::: ~':':: ::"':':::':'
Naples Prod. P~k St. Lighting 770 1,301 1,349 13,400 893.4%
::.::::::::~;.; :-; :~:~?;:;~;~:;.;:~:~.;.~:~:~:~:~:~:~:~:~:~{:~:~:~:{:~:~:{:~:~:~:~:~:~:~:~<~:{:{~;5~:~:~:~=~:~:~<~:::~:~:: ~::~:;.;.;.;.;.;.;.~:: ~:~:~:~ :~:~: ~:: ~ ::~ ~:~: ~ : :.:.; ~ :~ ~: ~:~ ~ ~;~ :{~; ;~; ;;.:;~;~;;;;~:;;~;~;~::;:~:~:.:;~;:~:;;~:~.~.~.~.~.~.....~.~.~
Pelic~ Bay MSTBU 778 494,834 520,093 520,400 0.
To~ T~es Levied 91,825,009 96,292,792 103,119,500
A88rega~ Taxes 90,929,175 95,344,861 102,253,600
August 3, 1999
Item #8A1
REVIEW THE SCHEDULE FOR IMPLEMENTATION OF THE FINAL ORDER OF THE
ADMINISTRATION COMMISSION ISSUED JUNE 22, 1999, DIRECTION FOR STAFF TO
PREPARE A WORK PLAN AND A SCHEDULE FOR A PHASED AGRICULTURAL RURAL
ASSESSMENT AND TO INCLUDE THE REGULAR CYCLE AMENDMENTS, THE URBAN AREA
DENSITY REDUCTIONS AND THE REMEDIAL AMENDMENTS IN ONE TRANSMITTAL DUE
BY NOVEMBER 30, 1999 - STAFF RECOMMENDATION AS MODIFIED AND TRANSMIT
IN OCTOBER~ 1999
CHAIRWOMAN MAC'KIE: Now, we'll get to -- let's see. 8(A) (1),
final order.
COMMISSIONER CONSTANTINE: What are we looking to accomplish in
this? As I read through the executive summary I was trying to figure
out.
Okay. I understand all the information. What is it we're trying
to decide today; to set a calendar?
MR. FERNANDEZ: An approach of how to proceed from this point.
CHAIRWOMAN MAC'KIE: So there's a calendar and then I had hoped
to raise the question with you about having a facilitator to help
organize, plan, implement the public participation element of the
process. And you guys are going to be -- have already heard quite a
bit that DCA instruction is that public participation will be the
hallmark of this process.
In the interest of brevity, I'll make my shortest pitch for a
facilitator. That is --
COMMISSIONER NORRIS: That was short.
CHAIRWOMAN MAC'KIE: Nope. That is, business as usual is not
going to accomplish the goal here. Business as usual is that we
appoint committees and we go about doing what we've always done.
COMMISSIONER CARTER: Maybe we can do --
CHAIRWOMAN MAC'KIE: In this case -- let me finish. In this case
we've asked -- we've agreed -- we've been ordered, frankly, to make
public participation the hallmark of this undertaking. If we do
business as usual, we're going to have the same complaints. And
that's going to be who is controlling the process. Nobody trusts the
process, nobody believes the process is running as fairly as it
should.
And we could eliminate that if we entertained a facilitator. And
I had asked Mr. Fernandez to look --
COMMISSIONER CONSTANTINE: Can I ask you a question --
CHAIRWOMAN MAC'KIE: -- to FGCU to see what possibilities there
might be there.
COMMISSIONER CONSTANTINE: Does that mean -- and I say this
tongue in cheek, but half serious. Does that mean if we get a
facilitator everyone will -- all their questions about whether it's
fair and whether it's an honest process and whether -- all that will
go away?
CHAIRWOMAN MAC'KIE: You know, I bet all of them won't, but I can
assure you that legitimate ones would because there are legitimate
questions about the process. There are questions -- we do business as
usual and it's time to do it differently. And if we had a facilitator
who can argue with a professionally planned, fair program, who does
that hurt?
COMMISSIONER NORRIS: Mr. Philbin for one.
Page 85
August 3, 1999
CHAIRWOMAN MAC'KIE: Pardon me?
COMMISSIONER NORRIS: Mr. Philbin could for one. Let me just ask
you something.
CHAIRWOMAN MAC'KIE: Who could legitimately argue with.
COMMISSIONER NORRIS: Let me get some clarification here. The
early part of this is data collection; isn't that correct?
CHAIRWOMAN MAC'KIE: Barbara.
MS. CACCHIONE: For the record, Barbara Cacchione of your
Comprehensive Planning Staff. There really is a series of events that
we need to go through and different public hearings. I think what
you're referring to is the rural agricultural assessment. And the
first phase of that would be data collection and making sure that
everyone has agreement on the data that will be collected and used in
the process.
COMMISSIONER NORRIS: So what is a facilitator going to
facilitate in data collection; what's the point here?
CHAIRWOMAN MAC'KIE: A couple things come to mind. Couple things
come to mind. What usually happens when we go through this process of
collecting information? One is that the development community will
say that we have asked too many questions and the environmental
community will say we didn't ask enough questions.
The initial inquiry is: What data are you going to collect? What
do you need to measure?
COMMISSIONER NORRIS: That's already outlined.
CHAIRWOMAN MAC'KIE: I don't think so.
MS. CACCHIONE: I believe that's the first step in the process is
what data will be used and what sources will be used and to achieve
consensus on the data to be collected so that everyone agrees that
that's the premise we're starting from in order to develop land
development regulations.
CHAIRWOMAN MAC'KIE: I'm not suggesting for a second that we sit
on our hands until we get somebody to come in and tell us how to run
this. I am suggesting that our staff continue to do what they have
already done, which is to prepare a schedule that they have now on the
visualizer, that we collect the data that's available.
I think what we're going to find is that there's a lot of data
available for some of the fringe and very little data available for
some of the more rural areas. And that as that data is collected, Mr.
Fernandez go forward again with the FGCU, maybe Florida State, maybe
FIU. All of those entities have indicated to me a willingness.
COMMISSIONER BERRY: Well, you bet. That just supplements their
little salaries from the university system. And I'm, frankly, not
excited about doing that.
COMMISSIONER NORRIS: Me either.
COMMISSIONER BERRY: They're all available. They send out their
little flyers on how they would like to do all this. That is fine and
dandy, but I'm not interested.
CHAIRWOMAN MAC'KIE: So we'll just do the same thing we've always
done.
COMMISSIONER BERRY: No, we're not going to do the same thing.
COMMISSIONER CARTER: No. I don't think so, Commissioner. May I
just say a couple things, please? First of all, we need to hear what
staff's program is to outline how they're going to get us where we
need to be.
I had a -- I envision in this process that there may be room for
a facilitation at some point in the rural fringe or in the urban areas
Page 86
August 3, 1999
to fold in some other groups. I do not see it in the rural areas
because it's often referred to as the Berry committee, which is being
expanded. I think all players will be at that table. It will not be
business as usual, but it will be all people with a vested interest in
that.
So there may be room for facilitation at some point in some areas
of the program, but perhaps we need to have staff go through and show
us what they're going to do and how we're going to scope this. So
that if there is a place for that, we could inject that at some point
in time in certain areas.
Because I still see it in three pieces; the rural, the fringe and
the urban, even though the orders are to come back with -- to get it
all together. So that's where I am with this.
CHAIRWOMAN MAC'KIE: Barb, take us through the timing.
MS. CACCHIONE: If you look on the visualizer and page 23 of your
agenda, there's really a series of three steps that we have to go
through. The rural agricultural assessment is really the last step.
The very first thing we have to get done is to rescind those
policies which were determined to be not in compliance with State law.
And those are listed under item A there. All those will be rescinded
and this will be done by ordinance. And everything else that is part
of what we send up on the EAR amendments will be adopted at that
point.
So we will be starting from a clean document at that point in
time. That will be done with the final ordinance. And the scheduled
date for that hearing is August 19th in front of the Planning
Commission and September 14th in front of the Board.
The second half of that is -- also we are required to do interim
development regulations. We are required to map natural resource
protection areas. And those are specifically listed in the
development order in the final order. We are also required to limit
land uses in the rural area, as well.
That will be a transmittal. That will take a 30-day review
process by DCA and 30 days to adopt. So we're looking at that to
occur sometime around the end of November.
CHAIRWOMAN MAC'KIE: Barb, those interim policies are basically
mapping the NRPAs and adopting the, quote, moratorium? MS. CACCHIONE: That's correct.
CHAIRWOMAN MAC'KIE: So we will repeal what we did, we'll map
NRPAs and we will adopt the so-called moratorium?
MS. CACCHIONE: That will be in the first phase that has to be
concluded by September 14, according to the final order.
The next step in the process after we complete that is by the end
of November, November 30th, we have to address all the other elements
that had deficiencies. Those are listed -- I believe there are 11
items there that are listed that we have to do remedial amendments
for. And that is the next package that has to be submitted by
November 30th.
The dates we're scheduling for those are October 7th before the
Planning Commission and November 9th before this Board. That will be
a transmittal hearing. That will go --
CHAIRWOMAN MAC'KIE: Barb, go ahead.
MS. CACCHIONE: That will go through the full process. We will
have 60 days for DCA to review and comment and issue any objections,
review and comment report. And then we will have 60 days to adopt.
Page 87
August 3, 1999
So we will be looking for those remedial amendments to be
finalized sometime in April if there are no problems through the
process. No other amendments can be adopted until these remedial
amendments are in place and effective. They can potentially be
transmitted, but not adopted until that occurs.
CHAIRWOMAN MAC'KIE: Barb, are those items -- did you say there
were 11 of them? Are those the items that were -- we had more or less
agreement between the County and DCA staff?
MS. CACCHIONE: Yes, they are. There are two or three areas that
they have tended to go a little further on since the agreement we
presented to you on March 19th. And those we're still working on some
language with, but we feel pretty comfortable that we'll be able to
achieve consensus with DCA on those issues.
CHAIRWOMAN MAC'KIE: So we might not expect a great deal of
controversy up to this point in the process because all of that is
pretty much work for you, but policies we've pretty much already set?
MS. CACCHIONE: Hopefully that will be the case. And the
language you will see as part of a comprehensive plan change will very
much mirror what's in the final order so that there can be no question
on either side in regard to anything through this process.
CHAIRWOMAN MAC'KIE: When do we get to the good stuff?
MS. CACCHIONE: Now you can also talk to Bob Mulhere. He'll be
presenting that part of it.
MR. MULHERE: Thank you. For the record, Bob Mulhere, Planning
Director. There are a couple of issues that -- that we want to bring
to the Board's attention and really feel comfortable that we have
formal direction with respect to a few of these issues from the Board.
For example, I think the Board is absolutely correct. The first
task at hand will be to develop some sort of consensus with respect to
what the type of data we will need to collect will be. I think there
is already an awful lot of data that has been collected in the rural
transition area or the fringe and there is probably a need for a great
deal more data to be collected in the true rural area. And then the
second aspect of that is scheduling the process to accomplish
development methodologies for reviewing that data and then developing
comprehensive plan amendments from that data.
In the past the discussion in front of the Board has been to
utilize several advisory committees, one being what was referred to as
the rural agricultural assessment oversight committee or the Berry
committee. And I think that I need to bring to your attention the
need to expand the membership of that committee to comply with the
final recommended order so that we have all of the stake holders
represented on that committee. And that would also include the State
and regional agencies, including DEP and the -- I think it's the
Florida Fish and Game Commission now. I think that's their new name.
CHAIRWOMAN MAC'KIE: Something like that.
MR. MULHERE: And the Water Management District. Actually, I
believe they were represented originally on the committee. So we
would need -- I think the Board would need to expand the membership of
that committee. And the role of that committee, as discussed, was to
act as an oversight committee for the rural area.
The rural transitional area or the fringe there was discussion of
utilizing a technical working group. That group, as well, would need
at a minimum to be expanded to ensure that all of the stake holders
are represented. And both of those processes if we were to take two
separate procedures -- one being for the rural transitional area and
Page 88
August 3, 1999
one for the rural agricultural area. Both of those processes would
have to be fully open to the public, all meetings advertised and all
workshops obviously open to the public, as well.
And I would suggest -- and the staff is suggesting that both of
those processes commence with a workshop in front of a joint meeting
of the Planning Commission and the Environmental Advisory Council to
finalize the types of data that need to be collected and to allow for
public input into and comment on the type of data that will need to be
collected in both of those processes. And perhaps to even have a
30-day comment period after that workshop in front of the Planning
Commission and the EAC in which people could provide additional
information. That is a process which is similar to the procedure that
is used by Federal agencies and State agencies to allow public input.
CHAIRWOMAN MAC'KIE: What is -- what would be your recommendation
in that group to have -- I don't know how to describe it -- regular
guys participating, general public?
Who is going to represent the general public in that
participation by having all the stake holders at the table?
MR. MULHERE: Well, I think there is two ways that you could
accomplish that. The first is to make sure that all of the meetings
are open to the public and the public is invited to attend.
CHAIRWOMAN MAC'KIE: But that's different. That means you can
come and you can be in the audience and you can speak as a member of
the audience. This process is supposed to be different where general
public has a seat at the table.
MR. MULHERE: I think obviously there is a challenge to that
because you do have to limit the numbers on these committees to make
them a workable group. However, there certainly could be seats for
three, four or five members of the public.
With respect to the technical working group, there are already
some 28 individuals named to the technical working group that we have
previously used -- that the staff has used in looking at the density
reduction initiatives. And I think it's a very broad, cross
representation of interest groups.
With respect to the --
CHAIRWOMAN MAC'KIE: Before you go on, could somebody get a list
of the technical working group and let us see that? Go ahead.
MR. MULHERE: With respect to the rural -- shall we call it the
Berry committee for short?
With respect to that committee -- well, I have it right in front
of me. I will name the names that were previously mentioned. That
was Barbara Berry, Clarence Tears, Fred Thomas, Dick Botthof, Jim
Rideoutte, Wally Hiebard, Anthony Polizio. COMMISSIONER BERRY: Polizio.
MR. MULHERE: And J. Richard Smith with Vince Cautero acting as
the staff liaison.
COMMISSIONER BERRY: And we've got some other names that I
haven't had the opportunity to talk to Bob about yet. But there are
some other names that should go on there, as well, that are
individuals from the community.
CHAIRWOMAN MAC'KIE: That's what I'm hoping. From Immokalee.
COMMISSIONER BERRY: From the Immokalee community.
MR. MULHERE: And staff would propose that we come back to you on
September 14th once we have final direction from the Board with
perhaps even a very specific makeup for that committee, in terms of
Page 89
August 3, 1999
numbers. Not names, but in terms of numbers. And insuring that those
State and regional agencies are represented.
I think there is at least three South Florida Water Management
Districts, which Clarence Tears would represent, the Florida DEP, the
Fish and Game Commission and I think probably the Regional Planning
Council, as well. So it would be those four.
CHAIRWOMAN MAC'KIE: I was asking about the technical working
group.
MR. MULHERE: I have that list in front of me. It's an expansive
list and --
CHAIRWOMAN MAC'KIE: Put it on the visualizer.
MR. MULHERE: The only problem is the list that I have has
personal home phone numbers on it.
CHAIRWOMAN MAC'KIE: Please, don't do that.
MR. MULHERE: I can name them for you. There is quite a few and
there is also quite a bit of duplication from certain groups. I think
that could be pared down a little bit and then members of the public
at large could be added.
Bruce Anderson, George Varnadoe, Nancy Payton, Glenn Simpson,
Whit Ward, Ellie Krier, Bob Duane, Fred Thomas, Mike Bruet, Russell
Priddy, Jill Greenfield, Ursula Pfahl, Gary Hayes, Sally Barker, Norm
Trebilcock, Terri Tragesser, Fay Biles, Neil Dorrill, Mark Morton, Don
Pickworth, Dudley Goodlette, Jeff Cecil, Alan Reynolds, Chris Straton,
Joe Stude, Chuck Mohlke, David Guggenheim, Richard Klaas, Pete Comeau,
Greg Gorman, Clyde Quinby, Janet Vasey, and Bruce Siciliano.
CHAIRWOMAN MAC'KIE: And the breakdown for that for development
versus general interest, you could monkey with that a little bit to
even it out.
MR. MULHERE: I think that would be required. I think we would
have to look at the membership of -- the makeup of that technical
working group and insure that we don't have the duplication I think
that exists here. And we would bring that forward to you on the 14th,
as well, our recommendations for that.
COMMISSIONER CONSTANTINE: Some of those names though -- I just
jotted a number of them down. Sally Barker, Fay Biles, Terri
Tragesser, Chuck Mohlke, Janet Vasey -- those are all people who, I
think, represent --
CHAIRWOMAN MAC'KIE: Regular people.
COMMISSIONER CONSTANTINE: Yeah, regular people.
COMMISSIONER BERRY: Unfortunately, Terri is not going to be
available. She's leaving the County, so --
COMMISSIONER CONSTANTINE: Is she really?
CHAIRWOMAN MAC'KIE: Isn't that a shame?
Okay. Did you have something else, Mr. Mulhere?
MR. MULHERE: Well, I did want to indicate -- as Vince just
mentioned, we also can use additional techniques to gather public
input through sampling or commentary, questionnaires, surveys, et
cetera. There are a couple of other questions.
I've kind of fallen apart here. Oh, here we are. There is one
or two other questions that I feel we do need some direction from the
Board on. One is just to confirm final direction that with respect to
the rural agricultural area --
CHAIRWOMAN MAC'KIE: Which includes the fringe and --
MR. MULHERE: Now, I'm excluding the fringe. The area excluding
the rural fringe. There has been discussion on the part of the Board
to utilize consultants hired by and funded by a group called the
Page 90
August 3, 1999
Eastern Collier Property Owners Association. That is something that,
I think, when we're looking at scheduling this process we will need to
coordinate with them. And I think we need -- we feel like we need
some direction from the Board, if that, in fact, would be the desired
process for the rural area.
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CARTER: That's the GSI mapping, right?
MR. MULHERE: Correct.
CHAIRWOMAN MAC'KIE: And much, much more, but initially.
COMMISSIONER CONSTANTINE: The question is -- you know, if they
want to put some money into the process, that's fine. But I think
when we talk about them selecting the people that are going to do the
work, that has -- whether it really happens or not, that has the
perception of tainting the process.
So I think that selection process probably needs to go through
the County. If they want to contribute money toward that, God bless
them, we'll be willing to let them pay for it. But I think the
selection process has to be through the County so it's not a bias
process or even has the perception of being one.
CHAIRWOMAN MAC'KIE: Part of my thought, and, frankly, probably a
more effective sales pitch to you guys about facilitators might have
been that we accept their offer to pay for the data gathering -- the
quantitative information that is necessary for the study, but that in
order to offset the concern about control, we have the facilitator.
Probably their cost would be about 300 grand and ours would be about
100 grand. Just a thought.
MR. MULHERE: I can share just a little bit of information with
respect to the cost of a facilitator because I did speak to the Army
Corps of Engineers. And the firm that they used was out of
Carbondale, Illinois on the ADG process. The cost was $200,000 for
that process.
CHAIRWOMAN MAC'KIE: Did FGCU folks -- I don't think there is any
reason to even discuss it. The Board is not interested. Direction then for staff on the funding issue?
MR. MULHERE: That will affect the time frame and that is my
reason for asking as we --
COMMISSIONER CONSTANTINE: Does anybody disagree with what I just
suggested?
COMMISSIONER NORRIS: No.
COMMISSIONER CONSTANTINE: If they want to help fund it, that's
wonderful.
CHAIRWOMAN MAC'KIE: What if they don't; then we are?
COMMISSIONER CONSTANTINE: Then that's not so wonderful.
COMMISSIONER CARTER: Where are we? I thought that they had
agreed to fund the GIS survey.
CHAIRWOMAN MAC'KIE: But that's only one tiny piece of this.
COMMISSIONER CARTER: I know, but that's what they agreed to do.
CHAIRWOMAN MAC'KIE: They agreed to a lot more than that.
COMMISSIONER NORRIS: Well, the bottomline is we're going to fund
it, unless they want to help. So let's just leave it at that.
COMMISSIONER CONSTANTINE: I do think -- they did make some
commitments on the record, off the record, in the newspaper. We ought
to try to hold them to those commitments. If they don't, it doesn't
mean we're not going to do the study.
COMMISSIONER CARTER: I think the way I understand it is they are
willing to fund it. They were not willing to pay for a facilitator
Page 91
August 3, 1999
for the Berry group. That they were -- you know, they were
comfortable with whoever you want to put on that group and they would
pay for data gathering.
COMMISSIONER BERRY: I think we ought to hear from --
CHAIRWOMAN MAC'KIE: Come on up and tell us.
COMMISSIONER BERRY: I agree with Jim. I think that's --
MR. FERNANDEZ: We have five of them.
CHAIRWOMAN MAC'KIE: Let's hear from this gentleman first since
we're on that topic.
MR. FERNANDEZ: The first speaker is Ernie Cox.
COMMISSIONER BERRY: Yes, it is.
MR. COX: Good afternoon, Commissioners. My name is Ernie Cox.
George Varnadoe is in Montana. That's why I am -- COMMISSIONER CARTER: Fly fishing.
MR. COX: He is fly fishing. I'm jealous. I'm filling in for
him.
To answer the specific question that was asked -- and I can save
some other comments for whatever time you feel might be most
appropriate. If you recall, the concept of a detailed study of the
eastern Collier properties area -- and it's now expanded beyond just
our client's property to the entire rural area east of the estates. So
that's the area we're talking about.
The original concept came as a reaction to the down-planning and
down-zoning that had been proposed by DCA. We looked at that and
said, "That's not going to result in anything good for anybody." And
we came up with a plan of, "We'll go study this land over this time
period."
That was presented March 19th at the workshop. Obviously, there
has been a great deal of evolution since that time. We are heavily
involved in the efforts in Tallahassee with the Governor and Cabinet
and working through this. Our proposal to the County is basically as
follows -- and it's essentially the same as it was to begin with.
Our five clients, the eastern collier property owners, have
agreed that we will fund the study of the eastern Collier property
areas. It doesn't include a facilitator. We would come before the
Board and the expanded Berry committee with a scope of services.
My guess is that takes place sometime in October or November.
With a scope of services that provides in detail just as you would go
out and ask for a consultant and we will present to you a scope of
services of the areas that we believe should be included in that study
that we think takes two years to do. And we will commit at that time
to fund those components.
If, in the course of the public hearing discussion, a suggestion
comes up that there should be something additional to that, then that
would be something that would be additional and funded by whoever wish
to fund it, perhaps some of our intervenors or the environmental
groups would put some money into that effort if they've got something
they would like to fund.
But we're willing to make a commitment to pay for the study of
the properties. Now, understand this is not -- and I heard a lot
about this. A concern that we will hire certain consultants, they
will go off by themselves and come back two years later with a
finished product. That's not what we envision. We envision the
expanded Berry committee meeting, evaluating the scope, bringing that
scope before the Board, having the Board say, "Yes, that is a scope
that we believe in, go do."
Page 92
August 3, 1999
The data would then be gathered. As data is gathered, it would
be made available to the public. There would be workshops during that
process. I have had some discussions with one of the intervening
groups today about folks that ought to be on the expanded Berry
committee. And, generally, I think we're all on the same page in
terms of landowner representatives and environmental group
representatives, the public having a direct interest and involvement
in the process, people in the Immokalee area who have a direct impact
in what happens here and that community element of the eastern portion
of our County. So I think that's something that is important from
what it looks at.
But we're willing to fund the study. What we're not willing to
do is turn over a blank check, just as we're not asking the County to
turn over a blank check. We can assure you that the scope will be
reviewed and approved. We will follow that scope in the analysis. If
there are additional things that need to be looked at, we'll consider
those.
And we have -- we have a very big interest, obviously, as the
owner of the majority of the lands out there and we have a great
interest in doing this right. It's going to be done in the public. We
envision the gathering of data, data be provided, additional data
being provided by the folks.
We envision then an analysis of alternatives in a working process
throughout the year so that then when it comes time to propose
amendments to the comprehensive plan, to actually implement the work
of the study, we will have had a broad-based public participation
throughout the process. So that's what we're willing to do. I
thought I would make it clear now.
CHAIRWOMAN MAC'KIE: Thank you. Does the Board want to hear
public speakers -- the others at this point? COMMISSIONER CONSTANTINE: Sure.
CHAIRWOMAN MAC'KIE: Ms. Cacchione, do you got something you want
to say first?
MS. CACCHIONE: There are two other items in case public speakers
want to speak to these issues, as well. November 30th where we have
to submit the remedial amendments, we're also proposing to you that at
that point in time we transmit our public amendments for this cycle.
We usually transmit them in October. We would like to take it as one
package. We will do separate ordinances in case they find any one
particular item not in compliance or to have a problem with it.
The other issue is the density reduction amendments for the urban
area. The question is if you would like that to be included in that
November cycle. If so, we're seeking your final direction on that
today so we can either include that as part of the package for
November.
CHAIRWOMAN MAC'KIE: Okay. Let's go to public speakers.
MR. FERNANDEZ: Next two speakers are Nancy Payton and David
Guggenheim.
CHAIRWOMAN MAC'KIE: While they're coming up, I will just put in
the record a letter from Brad -- what is his last name? COMMISSIONER BERRY: Cornell.
CHAIRWOMAN MAC'KIE: Thank you. Good grief. Cornell. I can't
read his handwriting though. He's president of the Collier County
Audubon Society. I told him that I probably would not read the whole
letter into the record, but it does ask for a facilitator. I will
share it with the rest of the Board and give it to the court reporter.
Page 93
August 3, 1999
MS. PAYTON: Good afternoon. My name is Nancy Payton. I'm
representing the Florida Wildlife Federation. Of course, we have a
very different view on how this process ought to proceed. First, it's
our position that the rural fringe committee that was established
after the March 19th meeting and the rural oversight committee, today
called the Berry committee, should be dissolved. We also feel that the
technical committee that was discussed by Mr. Mulhere is not an
appropriate committee to undertake this planning effort.
We ask that you decline the eastern property owners' offer to
fund and undertake the planning effort for their lands because it does
not meet the final orders test of a, quote, "Community created plan
for the future."
We say, "Encourage them to bring their information and ideas to
the community's planning table." We also ask that the community
character committee, the one that's meeting today, be suspended in
terms of their involvement with non-rural lands. I don't quite
understand how they fit into this planning process, other than
afterwards dealing with aesthetic issues and green space and
connectors possibly.
CHAIRWOMAN MAC'KIE: I think they're concentrating initially on
urban.
MS. PAYTON: Well, that would be good. We would just like to
clarify that. And what monies were committed to them to deal with the
non-urban lands be used for the facilitator and the planning effort.
We also encourage you to engage the Conflict Resolution
Consortium to design and direct from the get-go the, quote,
"Collaborative, community-based effort that insures," quote, "full and
broad-based public participation." And, again, I stress, it's public
participation, not observation at various workshops.
And, lastly, we ask that you seek an opinion from the Florida
Commission on Ethics regarding the legality of paid lobbyists serving
on the various committees that are going to be dealing with resolving
the final order issue. That's an issue for us and for others.
Something very simple.
Also, we wanted to address the assessment a bit because we talk a
great deal about the rural area. And, true, the agro lands on our
future land use map are included in this study and they may be divided
into the far eastern, as well as the rural fringe area, and phased in,
but there's also some other very important components to this
assessment. That is, all private and public conservation lands,
including those NRPAs. We have five NRPAs, CREW Lands north and south
of Belle Meade, Camp Keis, the Okaloacoochee Slough and southern
Golden Gate Estates, which we feel ought to be in the planning process
combined with the Big Cypress area of critical state concern because
they're under the same restrictions.
Those are our comments. We feel that without a facilitator who
plots the course of this planning process, the public trust will not
be there and it will be a process that still has the baggage that it
had during the past year. It's the only way that I think the
community can come together and feel as though there are not hidden
agendas. That there will be a facilitator that has neutralized those
various concerns. And I just cannot stress enough that, please,
consider using a facilitator.
The Conflict Resolution Consortium, which is a quasi State agency
that's the Florida -- the university and also the legislature.
COMMISSIONER CARTER: I have a few questions, Nancy.
Page 94
August 3, 1999
MS. PAYTON: Sure.
COMMISSIONER CARTER: You mentioned a group, the Center for
Conflict Resolution, who heads that and what is the person's
background?
MS. PAYTON: It's the Conflict Resolution Consortium. It's with
the -- I did print out from the --
CHAIRWOMAN MAC'KIE: Is that the Florida State?
MS. PAYTON: Yes. It's supported by the State university system
and the Florida legislature. It's based in Tallahassee at the Florida
State University. And then it has regional offices.
CHAIRWOMAN MAC'KIE: They had indicated a willingness to work --
MS. PAYTON: And it specializes in neutral, technical assistance
to a wide range of professionals, agencies, staff, and citizens
engaged in public problems throughout Florida. It helps design
efforts of intergovernmental collaboration, community and public
problem solving -- and we've got problems here -- and land use and
environmental dispute resolution. They have a history of dealing with
the very issue that we're wrestling with today.
CHAIRWOMAN MAC'KIE: What they do --
MS. PAYTON: It's also suggested by DCA as --
COMMISSIONER CARTER: The second question I want to ask you is
you mentioned lobbyists. Would you consider -- would you consider
yourself a lobbyist?
MS. PAYTON: I am a paid lobbyist. When I mentioned it, I said
it's a concern for us because we have a ruling from Lee County that
does raise the question of the appropriateness of paid lobbyists
serving on certain committees. And it's an issue that's going to come
up. I think that we should resolve it by getting opinions straight
out because it's going to come up.
CHAIRWOMAN MAC'KIE: It's already come up.
COMMISSIONER NORRIS: It's up.
MS. PAYTON: Whether it's me or somebody else.
CHAIRWOMAN MAC'KIE: Frankly, it came up in my discussions with
staff about their thoughts on this technical working group.
Apparently, that group doesn't take votes and that's the way it avoids
the issue of the conflict that has arisen with regard to the
Environmental Advisory Council.
COMMISSIONER CONSTANTINE: This is where I'm going to go with EAC
questions, but I don't understand why an advisory body can't discuss
and make recommendations because they have no binding authority. And
if you have people who are passionate on one side of the issue or the
other or whose livelihood is based on one side of the issue or the
other, to tell them they have to be excluded from the process doesn't
make any sense. I agree with you. We need to get a ruling --
MS. PAYTON: It's a question.
COMMISSIONER CONSTANTINE: -- that says it can be included. It's
a very good point.
CHAIRWOMAN MAC'KIE: Barbara, did you have questions for Ms.
Payton?
COMMISSIONER BERRY: No. The only concern that I have -- and I
think probably now is an appropriate time as any to bring it up.
CHAIRWOMAN MAC'KIE: Why do I always shutter when you introduce
things that way?
COMMISSIONER BERRY: You should. It's nice to know that you have
that kind of effect on people. No, not really.
Page 95
August 3, 1999
But you have a huge County here and I just wonder how the
residents of Naples -- the City of Naples would feel if we brought the
people from the eastern part of the County and started telling them
how they ought to handle matters in the City of Naples.
CHAIRWOMAN MAC'KIE: Agreed.
MS. PAYTON: Agreed.
COMMISSIONER BERRY: I don't think that they would be too well
received, frankly, and that's a reason that I would be most reluctant.
I believe that the people that are out in this area should be a
preponderance of people on this committee because they're the people
that this is the land you're talking about.
And I'm not saying that you all don't have a concern over the
entire part of Collier County. I'm not saying that. And I think you
ought to be heard and I think you ought to have input. But coming
from a farming background -- and I don't mind -- I don't apologize for
that in any way, shape or form. But I have very, very strong feelings
about farm land.
And what -- I wish instead of all of us sitting up here fighting
and arguing over this, you ought to be out promoting agriculture to
continue in South Florida, instead of fighting over what you want
preserved here, there and somewhere else. Because I'll tell you, the
day is going to come, folks, when you're going to go to your local
grocery store and you're going to pick up a tomato and it isn't going
to come from the United States or it's not going to come from a local
source.
And instead of sitting here fighting and spending thousands and
thousands of dollars on legal fees and doing all this stuff, you ought
to be out here supporting this farming community to keep on farming,
doing everything you can to keep them doing what they're doing, and
making that effort possible. And I'll -- I just dare you to say that
-- when you start talking about preserving lands -- and I'm very
passionate this. I grew up in this.
And I just -- you know, you talk about preserving all the little
critters and all the little this and the that. I'll tell you, these
farmers -- if you had access to this land, which maybe is what ticks
you off in the beginning, you would see that there's a lot of little
critters running around out there that you have no idea about and that
they are being preserved and they are being taken care of.
MS. PAYTON: What we're telling you is this is the Governor and
the Cabinet's final order, not our desire.
COMMISSIONER BERRY: I understand that. But you've been at this
for so long.
MS. PAYTON: And it promotes agriculture.
COMMISSIONER BERRY: I'm fine and I know what we have to do. We
have this Cabinet order and we're going to deal with it and we're
going to do it right.
But at the same time, I'm saying this publicly to the people in
Collier County. Stop fighting about this kind of stuff and get out
there and support these farmers to keep on producing and doing what I
would like to see them do and I'm sure what a lot of other -- people
forget about where that tomato comes from. You've got people that
probably live in the City of Naples that have no idea. They think the
tomato grows in Publix. I'm sorry.
(Applause.)
COMMISSIONER BERRY: I've had it clear up here. I just happened
to return from the midwest where corn prices are hitting rock bottom
Page 96
August 3, 1999
and they're going to lose about 6,000 farmers in the State of Iowa. So
I am impassioned about the farming industry and I'd wish you'd all
support that, instead of some of this other stuff.
MS. PAYTON: Well, this is a community planning effort and we'll
all learn about that during it.
COMMISSIONER BERRY: You all ought to know by now. You're too
old not to know.
MS. PAYTON: I brought to this Board agricultural information in
the past and have been promoting protecting ag lands. That's been one
of our campaigns. So I think it's misdirected if it's just going at
the Federation.
COMMISSIONER BERRY: I'll take a shot at all of you, not just
you.
MS. PAYTON: Okay.
CHAIRWOMAN MAC'KIE: Any other questions for Ms. Payton?
Our next speaker then. Thank you.
MR. FERNANDEZ: Next speaker is David Guggenheim and then Bruce
Anderson.
COMMISSIONER NORRIS: That was spoken like by the true agro
American that you are.
COMMISSIONER BERRY: I'm sorry. You can't get the corn stalks
out of your hair, so that's the way it goes.
MR. GUGGENHEIM: There was a pun there. Good afternoon,
Commissioners. For the record, David Guggenheim, President and CEO of
The Conservancy of Southwest Florida. And I speak to you on behalf of
our 5,500 member families and nearly 700 volunteers.
We're at a point in this community where I think we have great
potential to do good. And I think we all know and appreciate the fact
that there are some great minds in this community. And when we really
put our heads together, as we have in different committees in the
past, we're capable of really achieving some wonderful things.
I want to commend Chairman Mac'Kie -- Chairwoman Mac'Kie on her
remarks both in Tallahassee representing the Board when this issue was
decided by the Governor and Cabinet and also at the meeting the other
night, the town meeting, and particularly some of your comments about
land conservation and land conservation fund. I think that's very
forward thinking and I think that's going to be part of the solution
of this. Not the only solution, but certainly part of an overall
solution to this problem.
As I told the Governor and Cabinet in Tallahassee, I pledge The
Conservancy's fullest participation and support at the table during
this process. I think that we all recognize this is a daunting
challenge. It's going to require a lot of technical input. I think
Commissioner Berry pointed out very passionately the need for a great
deal of information to be coming together.
I am pleased to announce that the Conservancy has a new director
of environmental science named Doctor Steve Bortone who brings a
wealth of environmental experience with him. You'll learn much more
about him in the next couple of weeks. But his technical input and
our science division's input, we would offer that to this committee
and help as best that we could.
I have three brief recommendations. And Nancy Payton did a great
job, I think, of expressing those. But, first, we would also strongly
recommend a facilitator. A facilitator played a key role in the Army
Corps EIS project. I don't think it would have been possible without
it. Not only does that make the meetings more efficient, but it also
Page 97
August 3, 1999
helps introduce a neutrality to that that I think has a very good
effect and builds faith among the participants.
The second recommendation is I don't think the so-called expanded
Berry committee is what DCA had in mind in the recommended order. As
Nancy put it, I think that we have to be mindful that this has to be a
community-based effort. Everybody has to have an equal seat at that
table. And I support research and that kind of work that those folks
have proposed, but it needs to be in the context of a community-based
committee. And I think the two are certainly compatible with one
another, but let's be careful to follow the recommended order
carefully.
And, number three, we've had a lot of discussion about dividing
up this process into different phases or different geographic
components; rural fringe, rural east, et cetera, et cetera, et cetera.
Again, I think we need to be careful. As I told the Governor and
Cabinet on this issue, we must be mindful again of why we are here.
We're here because of a failure to protect the environment adequately
and the environment needs to drive much of this discussion.
So we need to base any decisions on how to divide things up on
the best possible science and that will emerge from the committee. So
I would urge you to defer those kinds of decisions and let the
committee decide how to divide itself up and how to divide up its
responsibilities.
I also want to just reflect that we are not alone. This is a
national issue, issue of urban sprawl. And one -- we're certainly not
alone on the ag issue, as Commissioner Berry pointed out. And ag will
be part of the solution. In Palm Beach County they just passed a
$100,000,000 bond referendum for ag preserve, which basically helps
the farmer and it helps the environment.
I think the environmental community is very enlightened about the
fact that ag has wildlife value and plays an important role in our
rural lands. If we help ag, we help the environment in most cases.
So we're with you, Commissioner Berry, on that. Again, The
Conservancy is there to provide the support in this process. Thank you.
CHAIRWOMAN MAC'KIE: A question for you, David. In the event
that this is a process that's not designed by a facilitator, is it
your recommendation that an additional committee be formed to review
the recommendations?
Say, for example, if the expanded Berry committee or the Berry
committee or whatever we're going to call it continues to exist, is it
your understanding from the order and your recommendation that we have
a general community committee through which this information would
pass on its way to the Planning Commission and the County Commission;
is that what I heard you say?
MR. GUGGENHEIM: I think that's correct. That the
community-based committee, which is a balanced committee that allows
participation of a broad range of stake holders, would be essentially
the guiding force in all of this. I think that's the expectation from
DCA. And if it needs to spawn other committees, so be it, but let
that be their decision. That's my value added to the idea.
CHAIRWOMAN MAC'KIE: Any other questions for Doctor Guggenheim?
COMMISSIONER BERRY: I am not sure I fully understand how -- how
you're going to operate all of this. I mean, you have got so many
committees set up, you're going to have committees reviewing
committees.
Page 98
August 3, 1999
CHAIRWOMAN MAC'KIE: I tell you --
COMMISSIONER BERRY: It's getting a little confusing.
CHAIRWOMAN MAC'KIE: It is getting confusing. It's partly
because of that that I wish, again, that we would go to the
professionals at the Consortium to tell us how to do this. They do
that all over the country and they could tell us how to do it in
conjunction with -- you know, FGCU's business school has just started
a mediation and conflict resolution specialty. They have a section --
COMMISSIONER CONSTANTINE: Did we poll the Board on that?
CHAIRWOMAN MAC'KIE: I think we did. But as people continue -- I
assume that you're listening to the speakers that come to you and you
might be persuaded by some of the things that they have to say. Faulty
assumption, tell me and tell them and they can quit telling you.
COMMISSIONER CONSTANTINE: Not at all. I'd love to hear from
them. I just don't need to hear you telling me the same thing over
and over and over. That's all.
CHAIRWOMAN MAC'KIE: Well, Commissioner Berry asked a question
about it becoming so cumbersome. And in response to that question,
and in agreement with that, I was pointing out that that's where a
facilitator might be helpful.
MR. GUGGENHEIM: I would just say using the model of the ADG,
which was a very big group -- over 30 representatives -- it was up to
-- with the help of the facilitator, that group was divided into
smaller groups. It was very structured. That helped, I think, to
keep that process on track.
But, you know, I'm not trying to understate the challenge here. I
think there is some confusion about how to set that up. What I think
is clear is that first and foremost it needs to be a community-based
process that allows the fullest level of public participation.
CHAIRWOMAN MAC'KIE: Thank you. Are there questions? Next
speaker.
MR. FERNANDEZ: The next speaker is Bruce Anderson and then Brad
Cornell.
CHAIRWOMAN MAC'KIE: Brad had to leave and I put his letter in
the record.
COMMISSIONER CONSTANTINE: So that means Mr. Anderson is the
final speaker?
CHAIRWOMAN MAC'KIE: Does that mean Mr. Anderson is the final
speaker?
MR. FERNANDEZ: Mr. Hancock is the final speaker.
CHAIRWOMAN MAC'KIE: And then -- gosh, you took a whole five
minutes. Do you have more to say? We'll talk about that.
MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce
Anderson. I want to encourage you to try to utilize the model along
the technical working group. That group took a look at urban density
reduction and workshopped it, worked closely with the staff and the
consultants.
And I think, as you may recall, when that issue came to you there
was not any strong or organized public opposition to what wound up
being recommended. And, you know, we can call it a community working
group and pare down some of the names that are on it and add some to
it, but the beauty of that process was it avoided any conflict of
interest problems.
It involved stake holders, which you have to have the stake
holders buy into the end result and the process or we're all wasting
our time. And under Florida statutes, the stake holder has a conflict
Page 99
August 3, 1999
and they can't vote if it's a recommendation that is coming to you.
Now, that may be asinine, but that's the law.
The technical working group, they just provide input to the staff
and your consultants. They decide what they want to do and bring it
to you and to the Planning Commission, the Environmental Advisory
Council. If people are still not happy, they have the public
workshops and hearings to provide input.
The second point I want to make. Do not combine amendments that
are required by the final order with your regular amendment cycle. Do
not fall into that trap. You need the ability whenever an assessment
or a phase of an assessment is completed for you to go through the
comprehensive plan amendment process and get it accomplished at that
time and not be subject to the twice a year limit that is otherwise
imposed by statute. That's very important.
So go ahead and keep your regular comp plan amendment October
hearing dates like you normally do and take up the remedial and
interim amendments according to the time frame that is outlined in the
final order. Don't fall into that trap that I think DCA might like
for you to fall into and make their job easier. They haven't made our
job any easier.
And, last, I want to ask you to separate the so-called rural
fringe or rural transition area from eastern Collier properties and
ask that you take up the segment along Immokalee Road that is closest
to the urban area first and try to get that accomplished by December
15th. That's the area where you're going to be the most susceptible
to temporary taking claims if they should arise. Thank you.
CHAIRWOMAN MAC'KIE: Questions for the new named partner at
Young, Vanassenderp, Varnadoe -- and who was that -- Anderson?
COMMISSIONER CARTER: Thank you, Bruce. That clarifies a number
of issues for me. Thank you.
CHAIRWOMAN MAC'KIE: Next speaker.
MR. FERNANDEZ: Tim Hancock. And as you said, you already heard
from Ernie Cox. I wasn't planning to call him again.
MR. HANCOCK: Good afternoon, Commissioners. For the record, Tim
Hancock. I'm going to be very clear. I'm here speaking very briefly
as a member of your select committee on community character.
I have a little bit of experience with how sometimes
misinformation in the public forum can be stated and possibly not
really be entirely truthful, so let me take a very brief opportunity.
Ms. Payton made a comment about our committee -- and as soon as this
is over, Mr. Guggenheim and I will be racing to our meeting that
started at 3:00 down at Development Services.
But she made a reference to work within the rural area and asked
you to prohibit this committee from dealing with anything in the rural
area and even suggested that the funding allocated should be moved
from that to this process. Obviously I didn't know anything about
that until I was here today. But that committee is dealing with the
rural area only from the aspect of -- the focus effort mentioned green
space and open space and conservation areas as a priority. And that
is how the committee is discussing it.
We're not looking at transitional areas or rural ag or anything
like that. So that is the entire framework within which the select
committee is dealing with anything in the rural areas. Trying to
accomplish the focus objectives that dealt with conservation and
preservation of open space.
Page 100
August 3, 1999
The second point is the fundin9 that has been allocated or has at
least been budgeted by this Commission is to hire someone to do
something very unique in planning and that is to implement a plan as
opposed to just create one. So I would ask that you please stick by
your funding decision.
I wanted to clarify the issue regarding any rural activity or
rural recommendations from the committee are limited strictly to the
basis of our existence, which is the focus report.
CHAIRWOMAN MAC'KIE: Thank you very much for clarifying that.
MR. HANCOCK: Thank you.
CHAIRWOMAN MAC'KIE: And unless you have some pressing matter you
haven't told us yet --
MR. COX: Madam Chair, if I might. I had not planned to answer
the question that was asked.
CHAIRWOMAN MAC'KIE: But you made a whole five minute speech. If
you have something pressing, go ahead.
MR. COX: It will be very brief. The first thing to keep in mind
is that --
CHAIRWOMAN MAC'KIE: For the record, your name.
MR. COX: Sorry. Ernie Cox. I'm here representing the eastern
collier property owners. Three points very quickly. The final order
was entered by the Administration Commission, which is the Governor
and Cabinet sitting together. They have directed the County to have
this planning exercise that must be broad based with community input.
We agree with that.
However, they are not telling you how you must do it. And the
proposal that has been discussed whereby there would be an oversight
committee directing public hearings, workshops, information provides
for it. They don't say you must use a facilitator, nor do they say
you must use a committee. They have given that flexibility to the
County. And we know from Steve Seibert's comments he's not up there
to micromanage what the County does.
CHAIRWOMAN MAC'KIE: That's right.
MR. COX: It has to comply with the final order.
We don't think there's a need for a facilitator. I always like
to go into a process like this with an expectation that the parties
will deal openly and work with each other and that there will be in
the public forum a process that will work. And I believe under the
leadership of Commissioner Berry we can have that. And I do believe
at the end of the day all of the people involved will say that was a
fair, broad-based, public participation. I just don't like starting
something by saying it's going to fail.
Final point -- and it relates to why we believe we should be
going forward to planning and fund this property -- is the great
majority of the land in that area is owned by us. And we recognize
there are stake holders, but when you talk about stake holders it's
just like your own house. If someone is going to come in and tell you
how to use your backyard, you might want to be very, very heavily
involved in the planning and the review of your own backyard. That's
how we feel about this.
Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: No other speakers, Madam Speaker.
CHAIRWOMAN MAC'KIE: So staff is looking for some direction from
us about, first, do we agree with the schedule that they have given us
and -- what else do you need from us, Mr. Mulhere?
Page 101
August 3, 1999
MR. MULHERE: Just I think some -- the utilization of the
two-step process and the technical working group expanded, as well as
the Berry committee expanded. And then, finally, whether or not -- I
think it's critical for us in terms of trying to define a schedule
whether or not we will utilize the services being offered by the rural
property owners. I'm just not sure if I've gotten a final direction
in that respect.
CHAIRWOMAN MAC'KIE: Is there interest on the Board to have a
general community committee to which all of the fringe committees
would report, the Berry committee and others would report; the
technical committee would make recommendations?
COMMISSIONER CONSTANTINE: That sounds like a very government
thing to do to have committees reporting to committees. I would
rather have the community participants participate at the same time,
rather than have one discussion with the building industry and the
environmental industry and their discussion go on to the community.
Let's make them all --
CHAIRWOMAN MAC'KIE: Get them all in the room.
COMMISSIONER CONSTANTINE: Make them all at the same time.
COMMISSIONER BERRY: Because there will be probably public
hearings obviously when it goes to the Planning Commission.
CHAIRWOMAN MAC'KIE: Again, I want to be sure because I heard
this so clearly from -- frankly, I heard this from Jeb Bush that
they're going to be there for us, they're going to support it. He
came down after the hearing and spoke to me and said, "We're going to
be there. We are going to support you. We are going to work with
you. We need for this -- the hallmark will be public participation."
I took that very seriously and took it to mean that public
hearings where you are a speaker in the audience is not the same as a
public participant as a member of the panel.
COMMISSIONER NORRIS: Would you please define for me what your
interpretation of the public is? Because everybody in this room is a
member of the public. And some of them are paid lobbyists and some of
them are not, but they're all members of the public.
CHAIRWOMAN MAC'KIE: I am aware of that, John.
COMMISSIONER NORRIS: What is it that that -- what is your
concern; that we're not going to have members of the public
participating?
CHAIRWOMAN MAC'KIE: I guess what I do mean by that is if you had
seen the group that was here for this Wednesday night panel --
presentation on this, you would see that although there were quite a
number of the usual suspects, there was a jam packed room full of
people who aren't usually in this room.
COMMISSIONER NORRIS: That's not what the newspaper said.
CHAIRWOMAN MAC'KIE: Well, you believe everything the newspaper
writes, don't you, John?
COMMISSIONER NORRIS: Absolutely.
COMMISSIONER CONSTANTINE: I was just going to say when we went
through that list -- when Mr. Mulhere read that list and we had the
Sally Barkers, the Chuck Mohlkes, the Janet Vaseys, not only are they
not coming with an agenda, other than trying to take care of the
community, also none of them are shy. I mean, they speak up. They
say what they mean. They are truly representative of groups within
the community.
So I think we have in there some participants. And if we need to
pepper it with more, I don't have an objection to that. But I would
Page 102
August 3, 1999
just like them to be -- I agree with you. They should be an active
part of that. And then the public outside of that, other public
members, will have their chance at those meetings, at the Planning
Commission, at our meetings.
But I think those type people need to be a part of this process.
If we don't think there's enough on that committee right now, great,
let's make another three slots or five slots or however many. But I
think the makeup of that if you balance out -- I didn't do the
counting on how many were building industry or how many were
environmental groups, but make sure those are balanced. I would
rather have, if anything, a stronger amount of people from just
general, everyday folk representing community or civic associations or
that kind of thing.
CHAIRWOMAN MAC'KIE: That's what I meant by general public.
COMMISSIONER NORRIS: My point is very similar to that. What my
interpretation of that statement that was made to you is don't start
excluding people from your committees. Don't limit it to one group or
another group or a pair of groups or something like that, but allow
anybody that has the interest to apply for and perhaps be named to it
with space available.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
opinion.
COMMISSIONER BERRY:
members on this committee.
committee at this point.
Immokalee area.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
farm bureau. That's new.
Absolutely.
That's the point of that statement, in my
Let me tell you of some members -- more
For lack of a better term, the Berry
Individuals who do live over in the
Good.
Ed Hanlon who is with IFUS over there.
Good addition.
David Santee, who happens to be with the
I am sure -- you know, I don't think that
we see him frequenting the office here.
Karen Johnson, Ron Hamil. Ron is with the citrus -- Gulf Citrus
Group. Fred Thomas. Fred has been mentioned in the other group, but
he was also mentioned.
chamber in Immokalee.
CHAIRWOM3kN MAC'KIE:
COMMISSIONER BERRY:
the chamber over there.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
farmer. That's unique.
of his land.
Sonya Tuten, who is the president of the
Good choice.
Maria Louviere who happens to be the exec of
Also a good choice.
Floyd Cruz. Mr. Cruz happens to be a
I mean, after all, we're talking about some
Carrie Williams, another farming family. Ann Olesky, who is also
from the marina over at the Lake Trafford area.
CHAIRWOMAN MAC'KIE: Oh, yeah. That's good.
COMMISSIONER BERRY: So for people -- for people to say that this
is just narrowed down to perhaps the Colliers and some of the others,
that's not true. That's not the case in this situation at all. And
if there is somebody else that has a burning desire, I am sure that if
they approached -- you've got to have something that is manageable.
I mean, this idea of broad based I agree with it, but at some
point in time you've got to say we have to start with a group where we
can start getting ideas formulated. You'll never get 300 people in a
Page 103
August 3, 1999
room together and say, "We've got to come up with something here that
makes some sense."
COMMISSIONER CONSTANTINE: It takes these five several hours to
get something.
COMMISSIONER BERRY: Exactly right. So to imagine that --
CHAIRWOMAN MAC'KIE: Item 8(A) (1) we're on right now.
COMMISSIONER BERRY: I mean, how far can you go? I think your
point is well taken that they do want it to be a community-based group
and have community input. I don't think there is any question about
that. But at what point do you say, "Wait a minute here. We've got to
get a number that is a workable number."
CHAIRWOMAN MAC'KIE: That sounds good. That sounds broad. Those
sound like wonderful additions.
The next question that I have has to do with -- I'm assuming that
the Board is going to direct staff to break this into phases so that
we immediately deal with the fringe where the pressure exists.
Who is the -- who is the public participation group for the
fringe? Because that's not the Berry committee.
COMMISSIONER CARTER: I think that's for the technical committee,
if I understood it. And I think you want to revisit your technical
committee and make sure you get a broad-based support of people there
for that.
The second observation I would have from this is that that
committee could say, "Look, we want to establish X number of public
hearings and use a facilitator to get a broader base to come back to
that technical committee," which would kind of fold in a lot of needs
so that everyone has an opportunity.
If they don't feel like they're participating they say, "Well, I
can go to this public hearing and it's facilitated and that comes back
into the technical committee."
So, first of all, look at that technical committee very, very
carefully and find out do you have a good mix there, number one.
Number two, let that committee come back and tell us that, yeah, let's
have some public facilitation or hearings or whatever you want and we
want X number of those before they come back to the other EAC,
Planning Commission and us.
COMMISSIONER CONSTANTINE: I like the idea of the boiled down
technical committee. And if we need to thin out one side or the
other, if that's out of balance, and bolster the general public, put
the Janet Vaseys and Chuck Mohlkes and Sally Barkers. Those people
that are serving on there in my mind are exactly what we're looking
for. People who truly represent the community. Maybe use that as the
baseline and we build that or trim that as necessary to make sure it's
balanced.
CHAIRWOMAN MAC'KIE: So is that sufficient direction if you're
seeing enough nods on the Board -- and it looks like you are -- for
those two concepts?
MR. MULHERE: I think just two questions. One, yes, I think the
staff is comfortable to come back with recommendations on the
technical working group, in terms of representation and membership,
for the Board on September 14th.
With respect to the Berry -- the oversight committee, I have a
question. That is, whether or not the Board would like to solicit
anyone interested in serving on that committee to respond to you or to
us in the interim or whether or not the Board will name people to that
committee. I think the last time we did this there was some confusion
Page 104
August 3, 1999
with respect to that. I want to make sure there is no confusion this
time.
COMMISSIONER CARTER: You could probably get input both ways.
People could come to us and they could come to you, Bob. I think the
public who wants to serve on that should get their resumes to you so
you have an opportunity to sort through that. And we can feed it to
you, but there has to be a central clearinghouse.
MR. MULHERE: We can perform that function. And I would like to
suggest that we need to receive a request to serve on that committee
by September 1st.
COMMISSIONER CARTER: That's fine.
CHAIRWOMAN MAC'KIE: Is that acceptable?
COMMISSIONER BERRY: That's acceptable.
CHAIRWOMAN MAC'KIE: Sounds good.
COMMISSIONER CONSTANTINE: I assume there is some process. Some
people in the general public may not know where to find Mr. Mulhere.
So if that makes its way into our office, I assume our staff will get
that to Mr. Mulhere.
MR. MULHERE: We will create a spreadsheet for you to consider on
September 14th.
CHAIRWOMAN MAC'KIE: Anything else?
MR. MULHERE: So I understand those and I still wanted to move to
the next issue, which was -- well, there is two more issues. One, did
the Board wish for us to include the urban density reduction in the
November 30th cycle of amendments?
COMMISSIONER CARTER: I do. I think we ought to move that
forward.
COMMISSIONER CONSTANTINE: I do.
CHAIRWOMAN MAC'KIE: There is a majority.
MR. MULHERE: Okay. And will we build in then a process whereby
the consultants for the rural agricultural property owners will then
come after some public workshop defining the scope of the study, come
and bring that scope to the Board for consideration?
COMMISSIONER NORRIS: I question -- just a clarification. This
Board is going to select the consultant; is that the way --
MR. MULHERE: That's the question I'm asking.
CHAIRWOMAN MAC'KIE: We're going to approve the scope of
services. And once we look at the scope, if we see things that we
need to add, we understand that we will pay for those. There will be
-- it won't be a blank check. The eastern collier property owners
will say, "Here is the scope we're willing to pay for." If we think
we need three more things, that will be for us to pay for.
First of all, we approve the scope. And, secondly, we approve
the consultant. I heard that that was exactly what the property
owners agreed to. Is that -- if I am wrong, please stand up and run
to the front.
COMMISSIONER NORRIS: He's sitting.
CHAIRWOMAN MAC'KIE: He's sitting. Oh, he's up.
COMMISSIONER NORRIS: Sit back down.
CHAIRWOMAN MAC'KIE: Your name for the record.
MR. COX: Yes, I'm sorry. I keep forgetting. Ernie Cox.
Certainly the scope we have no problem with that. We would like
to bring to you the consultants that we believe would be able to do
the work. We have some folks who have actually done a lot of work and
will be doing more as we go.
Page 105
August 3, 1999
We've also started putting together some work because you know
that the NRPA maps have to be adopted on the September 14th date. So
we have engaged already the engineering firm of Wilson, Miller to work
with us in putting that together. We're going to be meeting with
staff later this week to kind of show them what it is.
CHAIRWOMAN MAC'KIE: I'm going to try to get you to make it a
little short. We're lawyers and we talk a lot. Are you saying that
if you don't get to select the consultant you're not paying?
MR. COX: I don't know what the scope of that would be.
CHAIRWOMAN MAC'KIE: I understand you're going to define the
scope of -- you will define the scope of what you will pay for. Once
you have defined the scope of what you'll pay for, we might add to
that or not. But the question is: Do you have to choose the
performer of the work in order to pay for the services within the
scope that you agree to?
MR. COX: I think we would certainly have to have the ability to
decide if we were going to pay for a specific consultant in the
process.
COMMISSIONER NORRIS: That's fine.
CHAIRWOMAN MAC'KIE: So if we don't like your choice, then you
can go hire him for your private use and we can hire somebody for
government use if we disagree. Maybe we won't, maybe we will.
COMMISSIONER CONSTANTINE: Or we might even suggest as part of
that, if you have some suggestions you create a short list of sorts of
those that are acceptable, rather than picking one. And that may
provide an opportunity in the public forum for us and any members of
the public or any other group to say, "Golly, we don't like choice A,
but B, C, and D are all fine."
At least to have some dialogue on that, so -- my concern is the
perception is if you all come forward with just one and that's it or
else -- the perception of that isn't very good. If there are several
or a few that are recognized experts in those fields and we bring them
forward, we have a discussion and the public has a chance to discuss
that, that's probably a fair --
COMMISSIONER NORRIS: We'll probably -- it looks like we're going
to need a facilitator to select a consultant.
COMMISSIONER CARTER: I think we'll find mutual agreement is what
we're trying to say.
MR. COX: I think we can. I really do. I just can't stand up
here and say, "You guys pick and we'll pay." At the same time I'm not
going to say, "It's got to be so and so or it is no one." CHAIRWOMAN MAC'KIE: We'll work on it together.
MR. COX: Our approach is we want to work with you guys on this.
COMMISSIONER CONSTANTINE: Kumbaya, my Lord, Kumbaya.
CHAIRWOMAN MAC'KIE: Thanks.
MR. MULHERE: I'm sorry. I have to add one other issue.
CHAIRWOMAN MAC'KIE: That's okay. Don't
MR. MULHERE: Stick around. I think it's going to be critically
important that the process of defining the scope and which data needs
to be included, and perhaps even the methodologies, is going to
require input from a wider and broader group of people than the
Eastern Collier Property Owners Association. CHAIRWOMAN MAC'KIE: Thank you.
MR. MULHERE: And we're going to have to have a public workshop
or some forum for other people to have input into that process. If
Page 106
August 3, 1999
it's in front of the Board, so be it. I just want to make that clear.
We will need --
COMMISSIONER BERRY: I would assume that there would be public
workshops along the way.
MR. MULHERE: Before we come to you.
COMMISSIONER BERRY: Absolutely. That was never any question in
my mind. I thought that the first thing we needed to get going on it
is this data collection.
CHAIRWOMAN MAC'KIE: But we can't start collecting the data is
what he's saying until we agree -- I mean, we could certainly start,
but we cannot agree --
COMMISSIONER BERRY: On the scope of the project. I understand
that. I thought as soon as there is a group of data available, for
whatever part of the project that is, that that would be presented to
the public in a workshop.
MR. MULHERE: Nothing should prevent any individual from
beginning to collect some data or any group from beginning to collect
some data. The question that will have to be answered is: Is the
data that's being collected sufficient to answer the questions? And
that will require a broader public participation process before we can
have a scope of data collection.
CHAIRWOMAN MAC'KIE: All of that has to happen in time for you to
make a presentation to us on September 14th?
MR. MULHERE: Not on September 14th. That's my point. That's
why I'm bringing this up. This is part of the much longer process
that we have up to three years to complete.
I'm not suggesting it will take three years. I'm suggesting that
probably sometime in October -- and I believe that time frame was
consistent with what the eastern Collier property owners were
recommending. After some sort of a workshop that we can then come to
the Board with a scope.
CHAIRWOMAN MAC'KIE: The first job of the reconstituted, new and
improved Berry committee will be to make a recommendation to this
Board about scope and consultant.
MR. MULHERE: Correct.
COMMISSIONER CARTER: Correct.
COMMISSIONER NORRIS: Agreed. Let me make a motion that we
approve staff's recommendation as modified by the direction we've
recently given Mr. Mulhere and with the exception that -- that the
remedial amendments are not tied to the same submittal schedule as our
regular plan amendments.
CHAIRWOMAN MAC'KIE: So we're going to have night meetings in
October and in November and some committee meetings. What is the
reason -- why are we worried about doing that?
MR. MULHERE: I'll let Barbara discuss that one.
MS. CACCHIONE: I think part of the question is: Is DCA going to
hold us to the two times per year for the remedial amendments? I
think rather than holding eight public hearings and advertising in the
paper four different times, the better approach would be to talk to
DCA directly and make sure that that isn't a problem. What we're
trying to do is facilitate everything into one cycle so that there is
ease in terms of transmitting it. It will all be done as separate
ordinances. So, therefore, if they find one issue not in compliance,
it comes out and it doesn't hold up the process.
CHAIRWOMAN MAC'KIE: So if DCA staff agrees with Barb's
interpretation instead of agrees with Bruce's interpretation --
Page 107
August 3, 1999
COMMISSIONER NORRIS: Then we can change our schedule. For now
my motion --
COMMISSIONER CONSTANTINE: If we have to have meetings both
months --
CHAIRWOMAN MAC'KIE: By God we'll do it.
COMMISSIONER NORRIS: For now my motion stands.
MS. CACCHIONE: Your motion is basically to transmit in October,
in terms of the plan amendments and the density reduction?
COMMISSIONER NORRIS: I don't see any reason to delay people who
have an ordinary plan amendment in the process. I don't see any point
in delaying those people, even if it's just a month.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CARTER: I second it.
CHAIRWOMAN MAC'KIE: Anything else on the motion; any discussion
further?
All in favor say aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER NORRIS: Aye.
COMMISSIONER CONSTANTINE: Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Opposed?
Aye. I don't like that splitting it up.
COMMISSIONER NORRIS: Let the record reflect.
CHAIRWOMAN MAC'KIE: Let's take a tiny break. How about just
like ten minutes? Be back at ten after 4:00.
(A recess was taken.)
Item #8A2
DISCUSSION OF AN EXTENSION OF THE ADDITIONAL 1% LEVY OF TOURIST
DEVELOPMENT TAX DUE TO EXPIRE DECEMBER 31, 1999 - STAFF DIRECTED TO
DRAFT ORDINANCE EXTENDING THE DEADLINE TO JUNE 30, 2000 WITH A
REFERENDUM TO BE HELD ON MARCH 14, 2000 AND ALLOCATE THE OTHER TWO
CENTS AS FOLLOWS: 70% BEACHES AND 30% TOURIST
CHAIRWOMAN MAC'KIE: Call the meeting back to order at 4:10 in
the afternoon. I'm going to keep talking whether you guys sit down
and hush or not because I want to get this agenda moving on. We're on
item 8 (A) (2). That is a discussion -- hey, I was really hoping you'd
take the hint and hush.
A discussion of an extension of the tourist tax. The extra
penny.
MR. MIHALIC: Good afternoon, Commissioners. We're before you
today to discuss an extension of the one percent tourist tax that was
basically levied to start January 1st, 1996 and due to expire December
31st, 1999.
By super majority vote of the Board this can be extended. I know
that there has been some discussion about possibly having some type of
advisory referendum on this issue. So we have researched the election
dates in 2000. There are three election dates -- County-wide election
dates in 2000: March 14th, 2000; September 5th, 2000; and November
7th, 2000.
CHAIRWOMAN MAC'KIE: When is the tax going to expire if not
extended?
MR. MIHALIC: It's going to expire December 31st, 1999.
CHAIRWOMAN MAC'KIE: Okay.
Page 108
August 3, 1999
MR. MIHALIC: The annual collections from this tax are
approximately $2.8 million and the collections for this fiscal year
would be short about $2.4 million if the tax expires on December 31st.
We've talked to the Tax Collector's Office and they need at least
three months to change their software and their forms if the tax will
be changed. And they also suggested that it would be difficult for
them to deal with a tax that expires on December 31st or January 1st
because of all the long-term lease agreements they have that would be
right in the middle of season on that date. So they mentioned that it
would be better for them to have a tax that expires off season, rather
than in the middle of the high season.
COMMISSIONER CONSTANTINE: If it were to pass at referendum March
14th, how much lead time would it take to reinstate it?
MR. MIHALIC: From the -- under the State statutes, it would take
at least two months after the notice. Well, really it would be an
advisory referendum, so the Board of County Commissioners would have
to pass an ordinance by super majority vote and then it would take two
months for the Department of Revenue to stage up to allow that tax to
be collected. So you're probably talking two to three months.
CHAIRWOMAN MAC'KIE: December to May.
COMMISSIONER CARTER: Is there any way to keep that tax there
until after the referendum? Let's say it went to referendum. If it
passed, it continues. But if it was defeated, then we would have to
remove it.
In the interim, while we're waiting to get there to make that
decision, is there a way to keep it in effect?
MR. MIHALIC: The Board can pass by super majority vote an
extension of any length of time by amending the ordinance. So you
could amend the ordinance to extend the tax collection by any length
of time you chose to by super majority vote.
COMMISSIONER BERRY:
referendum?
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
promised.
CHAIRWOMAN MAC'KIE:
So you could do it until there's a
Or you can do it until --
Which takes you guys off the hook that
Without losing the season.
COMMISSIONER CONSTANTINE: That it would sunset December 31st,
1999.
COMMISSIONER BERRY: Right. You can vote to extend it, but --
COMMISSIONER CONSTANTINE: I'm hoping Y2-K will just wipe it
right out the next day anyway.
CHAIRWOMAN MAC'KIE: Do we have public speakers on this topic? I
know they have very patiently waited to get this done.
MR. FERNANDEZ: Yes, we do. First speaker is Dick Lydon and then
Dawn Jansen.
CHAIRWOMAN MAC'KIE: Please.
MR. LYDON: I have changed this. It's good afternoon now.
CHAIRWOMAN MAC'KIE: I'm afraid so.
MR. LYDON: For the record, Dick Lydon, the Chairman of the
City/County Beach Renourishment Committee. It has been my privilege
to speak to you all personally and in this forum a number of times
regarding the extension of the third penny. While we've cussed and
discussed it for many reasons why you should vote for a motion, I've
come up with a couple more things that I think you should consider.
First of all, since 1991 when we began the renourishment of Marco
we have added 45,000 lineal feet of beach at an average of 75 feet in
Page 109
August 3, 1999
width as a recreational park facility. The math tells you that's
3,500,000 square feet of newly created park lands.
Now, the tax assessor tells us that beach-front property in
today's world in Collier County ranges from $20 a square foot to $40 a
square foot. $22 near Lowdermilk Park, $40 up in the higher up
district. So when you take that number and do your multiple, you will
find that we're sitting on about $75 million worth of new real estate
right here on our beaches.
Your affirmative vote today will add $2.8 million in fiscal 2000
to maintain a $70 million asset. It does not seem to me to be
unreasonable to ask for that extension.
Secondly, I heard a lot of things today about reserves. As a
matter of fact, I sat down there and listened to reserves for about as
long as I needed to listen to reserves.
CHAIRWOMAN MAC'KIE: Us, too.
COMMISSIONER NORRIS: Me, too.
MR. LYDON: Without this extension we seriously reduce the
reserves that we need in the event of a major storm. Projections
provided by the staff indicate a reserve of $1.6 million at the end of
fiscal year 2000 without the additional penny. The end of 2002 we're
in the hole almost a half a million dollars. Not a good position.
Because we've determined in the committee for a long time that we
needed something between five and $10 million in reserve in the event
that we have a major problem.
We're going to have to take a look down at the beach committee to
try and get some of that reserve back. And in our meeting on Thursday
we have scheduled an opportunity to prioritize some of those things
that you've already approved, some of the things that we are still
looking at. And some of the things that look like they may come in
for serious discussion are things like Lake Trafford, the Parker
sandweb project, funds for the Parks and Recreation, the T-groins at
Hideaway. I'm sure all of those will come in for some special
scrutiny and the results of our deliberation will be passed on to TDC
who will be meeting later on to come back to you, as I understand it,
on the 14th of September.
Ladies and gentlemen, in our past conversations I have reasoned
and asked and pled for your support. Now I'm resorting to begging.
Please do not let politics, pride or personal agenda stand in your way
of making this fiscally responsible decision. Vote yes now.
Thank you very much. Any questions I will be glad to answer.
CHAIRWOMAN MAC'KIE: Thank you, sir. Any questions for Mr.
Lydon?
COMMISSIONER NORRIS: No. But I just would remind the Board that
we somehow renourished our beach to the tune of multimillions of
dollars without this third penny in place before we started the
project.
MR. LYDON: Not true. Not true. John, the third penny was put
into place for the exact purpose of renourishing the beach with
borrowed money, rather than bonding that expense.
COMMISSIONER NORRIS: I understand that. I was the one that
voted on that.
MR. LYDON: Okay. So it was done with the third penny.
COMMISSIONER NORRIS: My point was that it was never in place
there until we decided to redo the beach.
MR. LYDON: Now we have a lot more and more beautiful beach in
which we need to maintain and renourish.
Page 110
August 3, 1999
CHAIRWOMAN MAC'KIE: $75 million in new assets.
MR. LYDON: Right. Thank you.
MR. FERNANDEZ: Next speaker is Dawn Jansen.
MS. JANSEN: Good afternoon, I'm Dawn Jansen. I represent the
Naples Area Chamber of Commerce.
CHAIRWOMAN MAC'KIE: Welcome. I think this may be the first time
you have been in front of us as a Board.
MS. JANSEN: It is indeed. I look forward to seeing you many
times in the future and on such interesting issues. I must say that
in representing the business community this must be the first time
I've gone before the Board to request an extension of a tax.
However, with the excellent information that was presented by
your staff and by Mr. Lydon, I don't think I need to go into the
facts. I need to simply tell you that the Chamber of Commerce has
been on record in supporting the extension of this tax and that I hope
that you will consider doing it.
Though I understand that the extension of the additional one
percent levy of the tourist development tax would be difficult to do
by super majority, I hope that you will consider its extension through
the referendum at least, if you will consider that. Thank you for your support.
CHAIRWOMAN MAC'KIE: Thank you. Do we have other speakers?
MR. FERNANDEZ: No others.
CHAIRWOMAN MAC'KIE: Is there an interest on the Board in
extending the tax -- the third penny for any period of time?
COMMISSIONER CARTER: I would like to see -- I would like to see
us extend the third penny without going to referendum. I think I
could sit here for hours and tell you all the reasons why I believe we
should do that. Based on my experience in other communities, we are a
bargain. And this asset is used not only by us, but it's used by
people who come and visit us. And it seems to me that this is a very
equitable way to protect one of the greatest resources and attractors
that we have.
I will go on the record saying I think it is our prerogative. I
think it's our duty and we have everything within our power between
five people here to extend this tax without taking it to referendum.
So that's where I sit on this. And I would hope that that's what we
would do. If there's something -- if we can't do that, then we'll
have to look in another direction.
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: The proposed referendum, whether that
be March 14th or whenever, envisions what percentage of the third
penny going to what source?
MR. MIHALIC: We made no recommendation. This is just a
continuation of the tax itself. We've talked about in our study a
reapportionment of some kind, but I'm not sure that's ever come to any
conclusion.
COMMISSIONER CONSTANTINE: Because what I hear virtually everyone
who gets to the podium -- everyone who speaks on the local news or
Commissioner Carter just said it's taking care of the beaches. But
what I've heard out of committee is more than half -- substantially
more than half of the money going towards marketing the hotel industry
and tourism industry in Collier County.
And so if we -- if the concern is strictly taking care of the
beach, I think you're going to have an overwhelming support at
referendum. If the question is: Do we want to further make corporate
Page 111
August 3, 1999
welfare of the tourism industry? I think you're going to have a
tougher time at referendum.
But if it's just taking care of beaches, which is all that anyone
ever trumpets, that's fine. What I'm wondering is if we go to
referendum -- let's set aside the issue of extension for the time
being. If we go to referendum, if there would be any objection that
we put a minimum -- we declare what a minimum amount for beach
renourishment would be, either, say, all of it, 100 percent, or, say,
85 percent or whatever number we're comfortable with of that penny
should be required to go for renourishment, that we do that by
ordinance and that that ordinance could not be amended without a
four-fifths super majority vote or a referendum of people.
Because what happens is if we put 60 percent of that towards
tourism, I think you have a tougher time getting a referendum passed,
but also if we just leave it open then the policy can change. We've
seen this happen since the first tourism tax passed. That changes
every year, every couple of years and what you end up with doesn't
look like what the public voted on.
So if we're going to ask the public to vote on it and we're going
to talk about beaches, let's really make it for beaches and let's say
that can't be changed without a super majority or without a
referendum.
CHAIRWOMAN MAC'KIE: Mr. Mihalic had a comment.
MR. MIHALIC: Commissioner, the tourist development tax ordinance
-- any changes to that requires a super majority vote. You allocate
whatever percentage you want to the different categories. So you can
really lock that in at any time by changing that. It can only be
changed by a super majority vote of the Board.
So you have the option to do that at any time. In fact, it
really can't be changed any other way, other than by super majority
vote of the Board. That's the way that ordinance has to be amended
under the ordinance.
COMMISSIONER CARTER: Currently this penny -- all of it goes to
the beach; is that correct?
MR. MIHALIC: Yes, Commissioner.
COMMISSIONER CONSTANTINE: I'll tell you what I would entertain.
Let me ask a couple other questions first. If we were to extend this
through March 31 and if a referendum passed on March 14th, can the tax
-- assuming that the referendum is worded correctly, can the tax
continue uninterrupted if it passes?
MR. MIHALIC: Yes. But you have a complication with the Tax
Collector's Office who really needs three months for any change. So
if I might suggest -- if I might suggest that you let it expire on
June 30th to give them that three months to make that change, if
necessary, after the referendum passes or fails. So that you extend
it for six months with a vote on March 14th.
CHAIRWOMAN MAC'KIE: And the vote on March 14th would either kill
or continue the tax effective June lst? COMMISSIONER CARTER: 30th.
MR. MIHALIC: It's an advisory vote anyway. The only way that it
can be continued would be a super majority vote of the Board. So
that's an advisory referendum.
COMMISSIONER CONSTANTINE: Again, my question though is -- forget
the dates just for a minute and work with me on the form and
substance. If the referendum passes, we can design it in such a way
that it would continue uninterrupted.
Page 112
August 3, 1999
MR. MIHALIC: It would amend the ordinance, yes, Commissioner.
COMMISSIONER CONSTANTINE: You cannot -- you're telling me you
can't have it though -- so if it was, say, March 31 -- that if it
failed on a March 14th ballot, you're telling me that does not give
the tax collector enough time to stop collecting it?
MR. MIHALIC: From what they told me, no. They need three months
to change their software and their forms.
COMMISSIONER CARTER: You would have to continue to collect to
June 30th if it failed, but at that point it would end.
MR. MIHALIC: The change would be implemented as of July 1st.
COMMISSIONER CARTER: If it passes, then it's a non-issue.
COMMISSIONER NORRIS: Let me ask a question. What are the
expected or the anticipated reserves at the end of fiscal year 2000?
MR. MIHALIC: Overall or in a particular category?
COMMISSIONER NORRIS: Overall.
MR. MIHALIC: Overall? Without the additional penny, the
expected carry-forward would be $11,859,000. With the additional
penny -- I am sorry. The carry-forward would be the same either way.
$11,859,000.
COMMISSIONER NORRIS: How is that?
MR. MIHALIC: Because the carry-forward is prior to those year
2000 collections. So the --
COMMISSIONER NORRIS: My question was not necessarily
carry-forward, but reserves. Mr. Lydon was talking reserves here.
Since we had a spirited reserve conversation this morning, I thought
we would continue with it this afternoon a little bit.
MR. MIHALIC: The reserves in the category A, which is the beach
renourishment area, would be a little over $8 million at the -- at the
beginning -- actually at the beginning of fiscal year 2000.
CHAIRWOMAN MAC'KIE: But the question is at the end of the year
2000.
MR. MIHALIC: We have not set the expenditures for year 2000 yet,
so it's impossible to say. If all the things that have been
recommended --
CHAIRWOMAN MAC'KIE: Thank you.
MR. MIHALIC: That have been applied for the tourist development
funding are funded, the reserves at the end of fiscal year 2000 will
be $1.6 million without the additional penny. And with the additional
penny there would be $3.955 million.
CHAIRWOMAN MAC'KIE: What would they be in the beach fund?
MR. MIHALIC: That is the beach fund.
COMMISSIONER NORRIS: He's talking beach fund only.
MR. MIHALIC: The beach fund is really the only one that's
affected by the additional penny.
CHAIRWOMAN MAC'KIE: Of course it is. I'm sorry.
COMMISSIONER CONSTANTINE: If we -- when we go to referendum with
a third set, does the form of that have to go through -- required to
go through TDC before it comes to us? That goes back to the origins
of this issue in 1990 in the one -- in the referendum that was
declared null and void because it hadn't gone through TDC.
MR. MIHALIC: Because it's an advisory referendum I wouldn't
think so, but I think I would like some legal help on that.
CHAIRWOMAN MAC'KIE: Is there a reason why we wouldn't want it to
go to TDC?
COMMISSIONER CONSTANTINE: I don't mind if it does, but I do have
a reason. I will tell you after we hear the opinion.
Page 113
August 3, 1999
MS. ASHTON: For the record, Heidi Ashton, Assistant County
Attorney. You currently have in your current ordinance the tourist
plan that was adopted and that was the problem that that plan did not
go to the TDC before. The proposal to continue the one penny and then
the further allocation of that has been discussed by the tourist
development tax.
I'd suggest that if you decide to break it down in the future --
if you decide to continue the tax for category A at this point and
maybe in the future break it down into more than one category, then
you would need to return it to the Tourist Development Tax Council for
their input.
COMMISSIONER CONSTANTINE: Have they discussed this and have they
made any recommendation up until this point? MS. ASHTON: Is there?
MR. MIHALIC: Their recommendation was to continue the tax, yes,
Commissioner.
COMMISSIONER CONSTANTINE: So they have heard this and they've
discussed it. I just don't want to get into the scenario -- and I
will explain in a minute why. I don't want to get into the scenario
of -- I'm looking to Mr. Weigel. If we put some caveats on this today
that that comes back later for them telling us, "Well, gosh, that
didn't all go through the TDC," the way it did in 1990.
CHAIRWOMAN MAC'KIE: A different question. What has to go is the
plan. I did that research I am sorry to say. What has to go is the
plan. The plan has gone and been approved. That's the only thing
that they have this sort of veto power over; is that right?
MR. MIHALIC: Yes. The additional one percent levy, again, by
State statute, is by super majority vote of the Board.
MS. ASHTON: Any amendments to the plan -- so if you change the
allocation for the additional one cent, then that would require the
input.
COMMISSIONER CONSTANTINE: That is where I am going. I don't
want to change the allocation. I like the fact that it goes to beach.
However, I suspect that the reason the hotel industry is supporting
the third cent isn't because we've got great beaches. It is to buy
more advertising.
There is nothing wrong with that. They're trying to take care of
their industry. I just don't know that's the best use of that money.
If the consideration is what Mr. Lydon said and Commissioner Carter
said and others, I'd rather see that money actually go towards the
beach.
COMMISSIONER CARTER: Well, that's my understanding of where it
would go. It's the other two cents where they get a percentage to use
for tourist promotion. That penny is devoted to -- that category, I
guess, is A.
MR. MIHALIC: A.
COMMISSIONER CARTER: Beaches and boat ramps.
MR. MIHALIC: Beach facilities, inland lakes.
COMMISSIONER CONSTANTINE: Maybe I have caught my own error
there. Does that mean the formula that we've used to date would be
altered in any way or could be altered in any way on that first two
cents to diminish the amount?
Is this the education money for lottery scenario where you're
collecting money off this new one and a little extra money out of the
first two cents is now going to go towards advertising; more than what
has in the past?
Page 114
August 3, 1999
MR. MIHALIC: That decision is up to you, Commissioners, by super
majority vote of the Board only.
COMMISSIONER CARTER: It doesn't change any of it.
COMMISSIONER NORRIS: Let's refresh ourselves here. Out of the
first two cents -- the original two cents, 60 percent of that goes to
the beaches, right?
MR. MIHALIC: Right, Commissioner.
COMMISSIONER NORRIS: And 40 percent is left in advertising.
Personally, I would support forgetting the advertising and just put
two cents into the beach. I would support that today.
COMMISSIONER CONSTANTINE: I would support that. I would support
-- I'd support that, I think.
COMMISSIONER NORRIS: I would support that today if that's what
we want to do. I never --
COMMISSIONER CONSTANTINE: Why I'd hesitate on that -- the only
problem we'd have to talk about is there are -- there are some
particular things -- we do some things with our museum and a couple
other areas --
COMMISSIONER NORRIS: Okay.
COMMISSIONER CONSTANTINE: -- that need to be funded. I don't
know what that percentage is. I think we need to be careful.
COMMISSIONER NORRIS: Fair enough. That's correct. But I've
never been comfortable with on the one hand most of the work we do up
here and we spend a couple hours this afternoon trying to slow down
growth and on the other hand funding tourism advertising. That's
always seemed such an irony to me. So I would support doing away with
that if that's what the rest of the Board wants to do.
COMMISSIONER BERRY: He's absolutely right. That's my same
opinion. We sit up here and we work about growth and all those kinds
of things. And, yet, on the other hand, the industry -- we are -- our
economy down here is a large tourist-based economy.
COMMISSIONER CARTER: That's right. And Governor Bush just made
a very big plea to the tourism industry in Tallahassee that the number
one part of his agenda is to promote tourism as part of our industry
in the State of Florida.
COMMISSIONER BERRY: But therein lies the problem. At the same
time then one of his own agencies up there is on us about doing what
we're doing. So it's a real concern. Because the more we bring
people down here and they see how well this County has done, they'd
like to be a part of it and that presents problems.
COMMISSIONER CARTER: Well, they're going to come whether we
promote it or not.
COMMISSIONER BERRY: You're right. There is no question about
it.
CHAIRWOMAN MAC'KIE: I guess it would be -- as afraid as I am to
ask this question, we better ask the Board: Are there four members
today who are willing to make that change?
I'm not. I heard that two are.
COMMISSIONER NORRIS: I see two that are not.
CHAIRWOMAN MAC'KIE: Good. Because then we can stop that
discussion and go back to this possible --
COMMISSIONER CARTER: I would leave the formula alone. I
understand having the third penny going totally to category A. Rather
than see it go away, I could go to referendum with the extension to
June 30th year 2000 so we don't -- we don't lose it. At least we've
got it that long depending -- you've got to take it back to the voter.
Page 115
August 3, 1999
Personally, I don't think it has to go back to the voter, but I'm
not going to get a fourth member to agree with me on that.
CHAIRWOMAN MAC'KIE: Is there a fourth member who is willing to
change their mind on that? Let's go there.
COMMISSIONER CONSTANTINE: No.
COMMISSIONER BERRY: To do what, Pam?
CHAIRWOMAN MAC'KIE: How about making that a motion, Commissioner
Carter?
COMMISSIONER CARTER: I move that we take the third penny to
referendum on March the 14th with an extension of it currently until
June 30th. So in the event that it is defeated, we can allow the tax
collector to change its software. If it is passed March 14th, then we
would continue it for how long; forever?
CHAIRWOMAN MAC'KIE: Indefinitely I would hope.
COMMISSIONER CARTER: Indefinitely, okay.
CHAIRWOMAN MAC'KIE: Is there a second to that?
I would love to second it.
COMMISSIONER BERRY: I will second it.
CHAIRWOMAN MAC'KIE: Good. There's a motion and a second.
Discussion on that motion?
COMMISSIONER CONSTANTINE: Is it anticipated that during that
extension 100 percent of that money would continue to go towards
beaches?
COMMISSIONER CARTER: Yes.
CHAIRWOMAN MAC'KIE: Absolutely.
COMMISSIONER CONSTANTINE: Would there be any interest in
altering the formula at all from 60 to 40 to something more for
beaches if that's the primary concern?
CHAIRWOMAN MAC'KIE: Could that be looked at separately?
COMMISSIONER CONSTANTINE: It could. I'm just thinking I would
be more comfortable with a fourth vote here if I knew that would be
the case.
CHAIRWOMAN MAC'KIE: Isn't that where we get in trouble with TDC
though amending the plan without going back for a recommendation from
the council?
MR. MIHALIC: We have to bring an amended ordinance back to you
anyway, Commissioners. If you give us some direction today, we can
bring whatever your recommendation is to the TDC on August 30th and
then amend -- bring you an amended ordinance in the future.
COMMISSIONER CONSTANTINE: And that amended ordinance would again
require four-fifths?
MR. MIHALIC: Yes, Commissioner.
CHAIRWOMAN MAC'KIE: So the motion that's currently on the floor
is to extend the tax without monkeying with the percentages at this
point. Of course, we always have that option.
COMMISSIONER CONSTANTINE: And that was my question. Would you
be willing to consider that?
COMMISSIONER CARTER: I would rather see us get this other in
place and then at some other future date if we need to change that,
Commissioner, I would be amenable to listening to that discussion.
COMMISSIONER BERRY: I think that's fair.
CHAIRWOMAN MAC'KIE: I do, too.
COMMISSIONER NORRIS: My problem is, of course, that when I
originally voted on this tax I did so on the premise and the promise,
both, that it would sunset this December 31st. And that is where I'm
caught.
Page 116
August 3, 1999
It may make better economic sense to do it another way -- and
since that time I've learned maybe not to be quite so definitive in my
opinion-making, but I am stuck with this one.
COMMISSIONER CONSTANTINE: Well, I would agree with you and I
think the issue -- I have said this several times, but the issue goes
beyond this simple item. It's, again, a government credibility issue.
We promise we're going to sunset something on a particular date and
how many times have we seen government say that and as the deadline
draws near they say, "Wait. We got some more ways to spend this
money. We should continue it."
And so I do understand the economic aspect of what you're trying
to do with the extension. I think there is a very real credibility
issue there. I share that.
COMMISSIONER CARTER: How can it be if you're taking it to the
voter? You're letting the voter -- to meet what you feel is your
obligation to make that decision. All we're trying to do is stop from
interrupting the flow of funding until that decision is made.
So I don't think you're comprising your ethics or your
commitment to the public. You're just saying scheduling-wise we need
to do this in order -- I mean, we don't control the software. So it
gives everybody to me a win win in this situation.
The voter will make that decision. In the interim we will
collect the fee until the voter makes that decision.
COMMISSIONER CONSTANTINE: I guess the only difference there is I
would love to let the voter make the decision. I just don't know that
I am ready to extend. I understand where you're going with it. I just
-- it's a credibility issue.
CHAIRWOMAN MAC'KIE: Can you think --
COMMISSIONER BERRY: On the other hand, we're saving the taxpayer
some money by not holding a special referendum just to deal with this
issue. So, you know, the earliest we can do this is March 14th, I
guess, or whatever that date is.
COMMISSIONER NORRIS: Unless we want to do a mail-out ballot.
COMMISSIONER BERRY: Unless you want to do a mail-out ballot,
but, then, again, that -- there is a cost incurred there to do that.
So, you know, I understand -- and I am not putting you guys --
you voted on this originally. I did not. I don't have the same
feeling that you do about it.
CHAIRWOMAN MAC'KIE: Do you think that the only way you can keep
your commitment then is to either -- because the fiscal costs -- the
cost of shutting down and starting back up in the event it were to
pass at referendum -- for the tax collector that fiscal expense and
also -- the only other alternative being a special ballot, the costs
associated with that, it seems to me, I am hopeful, that you could see
that voting three months later than you had expected to vote is still
in keeping with your promise considering that it's fiscally sound from
-- not even looking at the $75 million asset that is new, but looking
at it from the perspective of what -- how does the wheels of
government turn.
COMMISSIONER NORRIS: Well, I know everybody thinks that we just
walk in here on Tuesday after living in a cave and having never
thought of any of these points, but that's not the case. And I have
thought about all these points and I have researched it all and come
to an agonizing conclusion that what I said was what I have to do.
Page 117
August 3, 1999
COMMISSIONER CARTER: What if -- to come back to Commissioner
Constantine's proposal that we change the 60/40 on the other two
cents. Would you feel more comfortable if it was 70/30 or 65/35?
Would that change your thinking in any way?
COMMISSIONER CONSTANTINE: It could potentially influence my
thinking.
COMMISSIONER CARTER: Well, sweetheart, let's dance.
CHAIRWOMAN MAC'KIE: Let's dance.
COMMISSIONER NORRIS: He is bidding 70. What do you bid?
COMMISSIONER BERRY: That's what I was going to say. We'll have
an auction up here now of percentages.
COMMISSIONER CARTER: What if it was 65/35, Commissioner; how
would you feel about that?
COMMISSIONER NORRIS: Well, first of all, you can't commit that
because that takes a -- that takes an ordinance amendment with all the
public advertising and two hearings.
CHAIRWOMAN MAC'KIE: As this will. As this will.
COMMISSIONER NORRIS: I understand. My point is you can't commit
today that that's what is going to happen. It has to go through all
this process and get a vote.
COMMISSIONER CONSTANTINE: But if we rolled the two together and
made that one single vote, then -- if I supported that today, I
wouldn't necessarily have to support it when it came back if that
wasn't a component of it or if that component wasn't a part of the
vote that day.
COMMISSIONER NORRIS: So you're saying we're not going to make a
decision on this today?
CHAIRWOMAN MAC'KIE: We can't.
COMMISSIONER CARTER: I could amend my motion to include where
Commissioner Constantine wants to go and then it's got to go through
process and you've still got an opportunity to see if it flies.
CHAIRWOMAN MAC'KIE: At this point we're basically directing
staff to amend an ordinance and bring it forward or not. COMMISSIONER CARTER: Right.
COMMISSIONER NORRIS: Well, that's not what the motion on the
floor is.
CHAIRWOMAN MAC'KIE: He's willing to amend the motion, I guess,
is what the dancing comment was talking about.
COMMISSIONER CARTER: I will amend it to change the first two
cents to take 70 percent to the beaches and 30 percent to the tourists
for motion.
CHAIRWOMAN MAC'KIE: And to reflect that an amendment to the
ordinance will be drafted and brought back for a formal approval?
COMMISSIONER CARTER: Right.
CHAIRWOMAN MAC'KIE: Does the second amend?
COMMISSIONER BERRY: No. I don't think so. I think before we do
that -- I think there should be some -- some communication with the
individuals involved here. I mean, they may well buy into it, that's
fine. I would rather -- I would rather do it with them buying into
it.
On the other hand, if this is what it's going to take to get this
passed --
CHAIRWOMAN MAC'KIE: It sounds to me like this is the only way to
keep this alive so that we can have staff draft an ordinance, give us
the time to get that input. The ordinance would then go to the TDC
and others -- other interested groups because it has to as an
Page 118
August 3, 1999
amendment to the plan. So it would give us the chance to keep it
alive and none of us are committed to the vote. We are at this point
instructing staff to draft the ordinance that we'll make a formal
decision on when it's in front of us.
COMMISSIONER CONSTANTINE: And the motion considers tying those
two things together; the extension and the alteration in one?
COMMISSIONER BERRY: I will second it.
CHAIRWOMAN MAC'KIE: All right.
COMMISSIONER NORRIS: Wait a minute. We're going to run into a
timing problem here. We're going to run into a timing problem. How long is it going to take us to amend this ordinance?
MR. WEIGEL: I think that we can prepare the ordinance rather
quickly. I think what is being discussed and considered here is that
we make sure that the ordinance and all considerations that you're
talking here -- both the one cent -- the third cent, as well as a
change in the allocations of the first two cents would be discussion
items for the TDC August 30th, which, of course, has interested
hoteliers and others on the committee, as well as can be present and
speak to that committee and Board members in the meantime. It would
come forward probably September 14th as an advertised ordinance.
COMMISSIONER BERRY: So we're just merely keeping this alive.
COMMISSIONER CONSTANTINE: And when it came forward September
14th, it would have the proposed extension and the proposed change all
wrapped into one ordinance change?
MR. WEIGEL: I think so. Again, you're back meeting -- pardon my
interruption.
COMMISSIONER CONSTANTINE: And that would require four-fifths
again?
MR. WEIGEL: That's exactly right. So all you're doing is
putting the process in place for your ultimate consideration, yeah or
nay later, but we know what time frames we're dealing with
specifically to inform the public, the tourist, interested
entrepreneurs and others.
I said September 14th. If that's too quickly, it would seem to
me that it's not out of the realm and not a problem if it was the
meeting two weeks after that either. CHAIRWOMAN MAC'KIE: Sure.
MR. WEIGEL: It's whatever we can get advertised working in
coordination with TDC.
COMMISSIONER NORRIS: Well, see, you're getting into my point. If
you go past September with this for whatever reason, then you're into
the 90-day window that the tax collector needs before December 31st.
MR. WEIGEL: Well, I think we've got October, November, December.
I wouldn't mean getting into October. We would be doing it either
September 14th or the second meeting in September.
COMMISSIONER CONSTANTINE: I think Commissioner Norris' point is
if we do -- and hopefully that's not what is happening. But if we did
get into October and November, he's saying he needs that much time to
wind it down. If it's still sunsetted December 31st, he would then be
running out of time. So we would have to be able to hear this by --
CHAIRWOMAN MAC'KIE: The end of September.
MR. WEIGEL: Probably the 28th.
CHAIRWOMAN MAC'KIE: Mr. Fernandez.
MR. FERNANDEZ: Mr. Olliff reminds me of the fact that you should
also address your other funding commitment in the first two pennies.
And that is the library -- I'm sorry. The museum.
Page 119
August 3, 1999
COMMISSIONER CONSTANTINE: I would say of that 30 percent that's
left that would be priority number one. COMMISSIONER NORRIS: Me, too.
CHAIRWOMAN MAC'KIE: And we would have those options presented to
us when we look at the ordinance on September 14th or September 30th
or whatever that date ends up being.
MR. MIHALIC: Absolutely. And there would also be the extension
for six months on the third penny.
CHAIRMAN MAC'KIE: All right. There's a motion and a second. Any
further discussion?
COMMISSIONER CONSTANTINE: To clarify, can we do that motion one
more time?
CHAIRWOMAN MAC'KIE: I'll try. It's to extend the third -- well,
to instruct staff to draft an ordinance amendment to bring back to the
Board that would extend the tourist tax third penny until June 30th
subject to --
COMMISSIONER CONSTANTINE: 2000.
CHAIRWOMAN MAC'KIE: June 30th, 2000 with a referendum to be held
on March 14th, at which time if the tax -- if the referendum passes,
the tax continues. If it fails, it stops effective June 30th. And
also to reallocate the other two pennies of tourist tax 70 percent
beaches, category A, and 30 percent -- COMMISSIONER NORRIS: Others.
CHAIRWOMAN MAC'KIE: Others with an emphasis on tourism. I am
sorry. With an emphasis on museums.
COMMISSIONER CONSTANTINE: And that third cent 100 percent of
that is anticipated to go to beach renourishment.
CHAIRWOMAN MAC'KIE: Category A.
All in favor please say aye.
COMMISSIONER BERRY: Aye.
CHAIRWOMAN MAC'KIE: Aye.
COMMISSIONER CONSTANTINE: Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Opposed?
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: Passes four to one.
MR. MIHALIC: Thank you, Commissioners.
CHAIRWOMAN MAC'KIE: Okay. Vince, the next item on our agenda is
the Summerwood PUD, which I don't understand because it's also
12(C) (1) . Do we have to do it twice? MS. ARNOLD: No. We moved it.
For the record, Michelle Arnold, Code Enforcement Director. This
item was initiated as a complaint to our department from a resident of
the Coconut Creek Estates development, which is adjacent to the
Summerwood PUD, which is also known as Timber Lake off of Radio Road.
The complaint was for the removal of exotics.
The investigator reviewed the adopted document with the PUD
document and the PUD document clearly noted a requirement to remove
exotics. Therefore, the investigator proceeded with a case and met
with the Timber Lake board and their management crew and came to an
agreement around March 5th of this year to remove the exotics.
CHAIRWOMAN MAC'KIE: If you don't mind my interrupting you,
everything you're telling us is in the staff report. I trust we've
read it.
I'm sorry. Do you have something to add beyond the staff report?
Page 120
August 3, 1999
MS. ARNOLD: Well, there are some points that I just wanted to
make because -- and they're not exactly in the staff report. That the
minutes clearly show that there was a desire from the Board to appease
the property owners of Coconut Creek. It states, however, I think,
that there was some confusion as to when our tree removal ordinance
was adopted. There was discussion it was adopted in '82, which would
exempt the PUD because that date was in 1981.
It actually was adopted in '79, so there was no way that the --
legally I think staff could exempt from that requirement. We're
proposing today that they be required to remove it, but do a phase
schedule similar to the original recommendation from the Planning
Commission at the time that the Board heard this of a ten-year period.
It's a phase removal of the exotics, which would allow the vegetation
that was added to the PUD, which included wax myrtle and some ficus
plants, to take over what is being removed and provide a similar
buffer that the Coconut Creek residents desire.
COMMISSIONER CARTER: Can we do a ten-year removal without just
having a receding of the exotics? Whatever we started up here, by the
time we get down to here I'm back here cleaning it out.
MS. ARNOLD: This is just kind of -- because we've gone back and
looked at all of what was discussed at the time. That's what was
proposed from the Planning Commission. That was not actually what
went into the adopted document. And we were in March at the point of
getting a removal of all the exotics.
CHAIRWOMAN MAC'KIE: Michelle, pause a second. As much as I can,
I want us to avoid history. If Mr. Weigel will tell us that, do we
have the authority today to propose a solution similar to the one that
Doctor Carter just outlined or are we limited to something else?
MR. WEIGEL: I don't think we have the authority. If he's
talking about generally or specific to this property -- CHAIRWOMAN MAC'KIE: Specific to this property.
While you're thinking about that, I will let Commissioner
Constantine give us his idea.
COMMISSIONER CONSTANTINE: When you say discussed at that that,
at what time are you talking about? This has actually been before the
Board in about three different times.
MS. ARNOLD: There were two different times in April and November
of '98 that the Board discussed this item.
COMMISSIONER CONSTANTINE: Okay. In '98?
MS. ARNOLD: I'm sorry. '89. I'm a little bit dyslexic after a
long day.
COMMISSIONER CONSTANTINE: I've gone back through and read those
minutes and read the news clippings and read -- we've got a pretty
good history available to us from the residents in the area. And I've
got to tell you it sure looks like the Board said, "Gee, this is a
unique situation. We're not going to make you remove everything."
I don't know how it was -- I do know now, but how it was worded
in the final document. But from reading of those minutes and reading
of the news clippings and reading everything that went on at that
time, it seems pretty clear that the Board said, "We're going to make
an exception here."
I think we have some frustrated homeowners now who said, "Golly,
we have been through this once or twice already and thought ten years
ago we had this and why are we revisiting it again."
I can't answer that question. I don't know why we're visiting it
again. It really seems clear from those readings that they were --
Page 121
August 3, 1999
and I understand there is some question about exotics. I hate to go
back and tell them, "Okay. We're going to do something completely
different than I've already ten years ago promised you."
MR. WEIGEL: I think Assistant County Attorney Melissa Vasquez
will add to what I'm going to say. You're absolutely correct I think
in the history. And what had happened was ten or so years ago when
this PUD was heard before the Board, there was incorrect information
to the Board as to the genesis -- the time frame of our exotics
control ordinance specifically to these kind of trees.
It actually was already in effect. The Board was told that it
wasn't in effect at the time that the development had come into being.
And so the Board with slightly erroneous information in regard to a
date of implementation of our exotics control ordinance thought that
this in a way kind of grandfathered it in and it was unique and did
what they did. And it has been that way all this period of time since
then.
But the ordinance itself doesn't specifically read that way. But
what the Board approved on the record does read just as you stated.
COMMISSIONER CONSTANTINE: And, I guess, if there was an error
made, doesn't that responsibility fall on us, the Board or then Board,
as opposed to on the residents ten years later?
MR. WEIGEL: Sometimes it does. For instance, if building
permits are issued in error, ultimately, we, the County, have the
ability to say, "Whoops, that was a mistake. We're very sorry," but
can go forward and revoke the building permit.
This is different than that --
COMMISSIONER CONSTANTINE: Agreed.
MR. WEIGEL: But it doesn't apply in all cases. I will turn it
over to Michelle and Melissa now.
MS. VASQUEZ: Good afternoon. Melissa Vasquez, Assistant County
Attorney. Your question about that you think it's clearly stated in
the record that it was an exception, I think there is -- it's not that
clear and that's why staff is coming back to you. There is some
indication from the minutes of the meetings that are involved that
that was the intent of the Board is to allow these exotics to remain
based upon the County Attorney's opinion at the time, as well as other
circumstances. That's kind of a catch-all statement that's made in
those minutes. There are other circumstances involved that would
allow for an exception.
The only confusion I think that is created is the fact that the
actual amendment -- the PUD amendment, the language there that was
specifically presented to the Board, which said, "No trees, other than
exotics, shall be removed."
And I think that's why staff is looking for some direction from
you because they have received complaints that those exotics should be
removed. Everybody else has to remove exotics. Why doesn't this
group have to remove exotics?
In looking through the history, there may very well have been an
exception made for the Timber Lake area, but the documentation is
inconsistent and that's why they're looking for direction from you.
COMMISSIONER CONSTANTINE: Isn't there some question there, too,
on the wording where it says, "Other than exotics"? Or there was at
least one place printed, "Or other exotics."
MS. VASQUEZ: Originally in the first draft I guess you would
call it of the ordinance it said -- I believe it said, "No trees,
Page 122
August 3, 1999
including exotics." There was a specific statement saying that those
exotics would not be removed.
And going back and looking at the history of how this evolved, I
talked with the County Attorney Ken Cuyler at the time and Marjorie
Student who would have been involved in that, as well. There was no
specific memory of the process from either of those individuals, but
the assumptions or guess was that that came to Marjorie and she knew
that there was an exotics ordinance that required exotics to be
removed and she changed that language to be consistent with that
existing ordinance, not knowing that the Board had a desire to exclude
that area from having to remove --
COMMISSIONER CONSTANTINE: So that was a staff change, rather
than a public hearing change?
MS. VASQUEZ: I believe so. And we don't know that for --
MS. STUDENT: For the record -- excuse me -- Marjorie Student,
Assistant County Attorney. What I think happened was when I reviewed
the document -- I reviewed the documents before the Board sees them
way in advance of the public hearing. I knew about the ordinance and
I had that change made because I knew about the exotics ordinance.
At that time I was not attending Board meetings. And I think
maybe something -- some other opinion was given at the Board meeting
and that I was not in attendance at. Because that language was
already in the PUD document, the planner is responsible for making
sure that the PUD document reflects what the Board did. And unless
the planner does that, I'd never see it again. I believe that's what
happened, to the best of my recollection.
COMMISSIONER CONSTANTINE: I guess, it just kind of backs up my
point that the public came to that meeting in 1989 thinking that one
thing was happening and it appears that the Board even thought that
was happening, but due to a change on staff level then you have a
question mark on, "Okay. Were exotics included or not?"
The intention of the Board from those minutes seems reasonably
clear that they did not intend them to be.
CHAIRWOMAN MAC'KIE: I have to agree. As much as I'm a supporter
of the exotic removal ordinance, I can't read these minutes. I would
have done the same thing you did and bring it to the Board for
confirmation.
But the minutes say that -- I mean, Commissioner Hasse seconded
the motion after he spent the whole dang meeting discussing that he
wanted those exotics to stay in so that the buffer was there.
MS. ARNOLD: Can I just make a -- one point that really confused
me was on page 15 of the minutes right before the final motion was
made in November where Commissioner Saunders questioned Ms. Cully as
to her satisfaction of the -- of the ordinance that was being
presented today which was recommended by the Planning Commission. It
was that language to remove the exotics. And Ms. Cully responded in
concurrence that she was satisfied with the exception of the removal
of exotics.
CHAIRWOMAN MAC'KIE: And Ms. Cully was there as a member of the
public, I assume. It's hard to -- it's hard for me to infer from that
that the Board would not approve the ordinance in front of them
because of one person in the public was there to object. That's not
particularly relevant.
MS. ARNOLD: I agree with that. My point is that it's confusing
to me based on that comment that the question -- there is a question
Page 123
August 3, 1999
as to whether or not the intent or the ordinance that was presented
clearly stated the removal of exotics.
CHAIRWOMAN MAC'KIE: I see your point now.
MR. FERNANDEZ: Madam Chairwoman, Debra Cully is a speaker.
CHAIRWOMAN MAC'KIE: Why don't we hear from her?
MR. FERNANDEZ: Debra Cully.
CHAIRWOMAN MAC'KIE: Still living.
MS. CULLY: I am Debra Cully. I am an 18-year resident of
Coconut Creek Estates. I represent the homeowners of Coconut Creek
Estates. I have been here through two Collier County Commissioners
before you.
This didn't start in 1989, my dear friends. This started in
1981. If you'll allow me a few minutes, I will walk you through this
briefly. And I mean quicker than what's been since nine o'clock this
morning. We will put this thing to rest. CHAIRWOMAN MAC'KIE: Good.
MS. CULLY: My home is on Esther Street and it directly borders
that buffer. As the gentleman said earlier, when your backyard is
involved, you get involved. And, yes, I'm involved.
You will notice the top page. I just received a letter on July
26, 1999 from Mr. Burt Saunders himself. I sent him a package just
like you have here and I said, "Mr. Saunders, there is problems now
with what you had done as a Commissioner. Will you please read the
documents, see if your memory is spurred and please respond?"
And I highlighted there and I'm going to read it. "The good news
is that relying on my memory does not appear to be necessary in this
case. The record is clear that there would not be any requirement to
remove exotics from the buffer area. Stipulation K from the November
28, 1989 County Commission meeting provides, "GMA agrees that the
buffer should remain in its natural state and agrees that no trees or
other exotics should be removed from the buffer area." The motion and
second and County Commission vote clearly contains this condition.
County Attorney Ken Cuyler agreed that no exotics would be required to
be removed from the buffer area. The final document that was
executed" -- he put 89-33 because if you look back it's a little
blurry -- "contains wording that is clearly inconsistent with the
motion that was approved by the Board of County Commissioners. I
believe that if this matter was brought back before the County
Commission or if this matter was presented in Circuit Court, both the
County Commission and the Circuit Court would rule in your favor."
And I want to briefly take you through this. Go to the very
first paper clip.
COMMISSIONER CONSTANTINE: Before you do, can I make a motion
that we just rule in their favor? She's got a comprehensive thing
here that's going to convince you beyond belief. I hope you --
COMMISSIONER NORRIS: I will second.
MS. CULLY: I want to make sure this time. I have in my hands
for my neighborhood 2(C) . That's what caused all this problem in the
first place. This little document behind here threw everybody out of
align because someone made a typographical error. And 18 years later
we're hashing this out again. When you approve this, I want documents
in my hand once and for all and lay this to rest.
COMMISSIONER NORRIS: Can you handle that, Ms. Arnold?
MS. ARNOLD: We'll have to bring that back before the Planning
Commission and then back to you.
CHAIRWOMAN MAC'KIE: Good grief. We have to amend the PUD?
Page 124
August 3, 1999
MS. ARNOLD: Yes.
CHAIRWOMAN MAC'KIE: Okay.
MS. CULLY: Okay.
COMMISSIONER MAC'KIE: So the motion is to direct staff to amend
the PUD in that respect.
MS. CULLY: When you say amend it, would you please tell me how
it is going to be amended? What is it going to say; what does that
mean?
COMMISSIONER CONSTANTINE: To clarify once and for all that those
exotics do not need to be removed.
MS. CULLY: Do not need to be removed or will not ever be removed
from that buffer zone?
CHAIRWOMAN MAC'KIE: We can't control what a private property
owner decides to do with their --
MS. CULLY: It's not private property.
COMMISSIONER NORRIS: There will be no requirement to remove
those exotics.
MS. CULLY: Thank you.
COMMISSIONER CONSTANTINE: If everybody who lives in that
community 30 years from now decides they hate them and they want to
cut them down, they have that option, but there is no requirement.
CHAIRWOMAN MAC'KIE: The community will decide.
COMMISSIONER CARTER: If they get destroyed naturally by a
disaster, a hurricane takes them all down, then we wouldn't expect you
to replant the exotics.
CHAIRWOMAN MAC'KIE: Okay.
MS. ARNOLD: All we would need is direction to the County
Attorney's Office to have them proceed with that amendment.
COMMISSIONER CONSTANTINE: That's included in my motion.
CHAIRWOMAN MAC'KIE: There's a motion and a second. All in favor
say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
We will change the court reporter.
(Brief recess.)
Item #13A1
PETITION 0SP-99-01, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP &
VARNADOE, P.A., REPRESENTING GULF COAST BUILDING ASSOCIATION,
REQUESTING APPROVAL OF OFF-STREET PARKING FOR PROPERTY DESCRIBED AS
LOT 46, CYPRESS WOODS ESTATES PLAT #2, TO SERVE THE EXISTING
BUSINESSES LOCATED AT 3838 NORTH TAMIAMI TRAIL - CONTINUED TO
SEPTEMBER 14, 1999
CHAIRPERSON MAC'KIE: We'll call the meeting back to order for
the Board of County Commissioners, August 3rd, 1999. Yes, Mr. Fernandez.
MR. FERNANDEZ: We have an item on the agenda that I understand
is being requested for continuation, and we probably ought to announce
that now because we have a speaker. The item is 13(a) (1) . It's
Petition OSP99-01. It's the Cypress Woods Estates plat request for
off-site parking petition. There is a request to continue the item.
CHAIRPERSON MAC'KIE: I asked the petitioner if they would
continue this so I would have a chance to meet with the property
Page 125
August 3, 1999
owners in the area and we see if there's something we could do to make
everybody happy, but, no promises, but I do appreciate the continuance
if the board will agree.
COMMISSIONER NORRIS: Okay.
COMMISSIONER CARTER: So the back half can leave.
CHAIRPERSON MAC'KIE: Okay. Bye, Bruce. Get out of here.
COMMISSIONER NORRIS: We need to vote on it.
MR. FERNANDEZ: We need to vote.
CHAIRPERSON MAC'KIE: Do we need to vote to continue?
COMMISSIONER BERRY: Sure.
COMMISSIONER CONSTANTINE: What is it you want to continue?
CHAIRPERSON MAC'KIE: Continue the parking lot behind Gulf Coast
Bank.
COMMISSIONER BERRY: I'm in favor of continuing the parking lot
between -- behind the Gulf Coast Bank.
CHAIRPERSON MAC'KIE:
parking lot.
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
COMMISSIONER NORRIS:
CHAIRPERSON MAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
Opposed?
(No response. )
Continuing the petition for applying the
Okay.
Do we have a motion?
Yeah.
Who made it?
I did.
John did --
Second?
-- but I'll second it.
All in favor, please say aye.
COMMISSIONER CONSTANTINE: What item number was that?
CHAIRPERSON MAC'KIE: It passes unanimously.
That was 13(a) (1) .
Item #9A
RESOLUTION AUTHORIZING, AS A VALID PUBLIC PURPOSE, EXPENDITURES OF
FUNDS FOR COUNTY COHMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL,
BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE, SOCIAL,
PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND CIVIC
ASSOCIATIONS/ORGANIZATIONS - DENIED
Okay. Continuing with the morning agenda, appointment of members
to the Hispanic Affairs Advisory Board.
COMMISSIONER NORRIS: Forgot the County Attorney's report this --
CHAIRPERSON MAC'KIE: I'm so sorry. I skipped something?
COMMISSIONER CONSTANTINE: Did we do the impact fee thing
already?
CHAIRPERSON MAC'KIE: Yes, we did.
COMMISSIONER NORRIS: 16(j) (3).
COMMISSIONER CONSTANTINE: That was when I was late?
COMMISSIONER CARTER: Yeah, we did that.
CHAIRPERSON MAC'KIE: I'm sorry. 16(j) (3).
Thank you, Commissioner Norris.
Under County Attorney and, I think, both of you were pulling that
off the agenda.
COMMISSIONER CARTER: Yes.
Commissioner Constantine?
Page 126
August 3, 1999
COMMISSIONER CONSTANTINE: I just was -- was going to vote
against it again because my concern -- again, I understand the intent
and you're just trying to make sure that if there are things we should
be doing for the public, you know, it allows us to do them, but I have
the very real concern that the public tax dollars and paying for us to
go to some black tie affair, something and, so, we had that
discussion. I don't need to rehab it. I just want to pull it off for
the opportunity to vote against it.
COMMISSIONER CARTER: Well, I pulled it because of the wording.
It says, each event is $150 and, to the best of my recollection, that
if I went off to a seminar, I probably couldn't go because it would be
limited to $150. So, I think the wording is wrong. I don't have a
problem with the number of $2500 per commissioner per year, but I do
have a problem with the other wording, which prohibits us -- ties our
hands from doing anything.
CHAIRPERSON MAC'KIE: How did that happen, Mr. Weigel, because I
don't -- I don't remember discussing that at all about a dollar limit?
MR. MANALICH: That was a --
CHAIRPERSON MAC'KIE: I'm sorry. The total dollar limit
certainly, but per event.
MR. MANALICH: For the record, Ramiro Manalich, Assistant County
Attorney.
There's no magic in that number. That was just in our
discussions with the Clerk, who had been very helpful in trying to
formulate this, that was just a suggested number, but I think
Commissioner Carter raised a fine point, which is that it may be
unduly restrictive. It was to set some parameters that were
reasonable, but that may not be sufficient.
COMMISSIONER CONSTANTINE: I think just having -- if you're going
to have this, just having the $2500 total is your limit, and if
Commissioner Carter wants to go to one event for 2500 bucks, he has to
answer to the public for that and if -- COMMISSIONER CARTER: Then to you.
COMMISSIONER CONSTANTINE: -- Commissioner Mac'Kie wants to go to
a hundred events for $25 each, then she has to answer to the public
for that, but there is already a limit just on your total.
MR. MANALICH: One clarification is important before you vote
here and that is understand that under this resolution, we're finding
that these categories of events serve a public purpose, but there will
still be a requirement, and what we envisioned was some type of
standing consent agenda item approval for particular items within
these categories.
CHAIRPERSON MAC'KIE: And that's not what we discussed either,
but the whole point of this was to make a finding that these
categories of -- of events have a public purpose, and then, God knows,
we answer to the public if -- if we make a mistake in there. I mean,
it's going to be --
MR. MANALICH: I will tell you. I mean, I understand the
dilemma. But the problem is -- now, there may be a way; for example,
we might be able by resolution to index up-coming events during the
next year. But the problem is that we can't index everything that's
going to occur.
And in talking with the Clerk, they struggle with a public
purpose determination on the nature of the event. For example, you
may have a charitable function that is very worthy, but involves
Page 127
August 3, 1999
drinking and dancing exclusively, and no discussion of county matters.
That probably would not meet a public purpose test.
CHAIRPERSON MAC'KIE: Except that the County Commission can
determine that it does, subject to a reasonable limitation, and if you
put this in here, Ramiro, then we're going to have to come in -- if I
want to go to something that you've always paid for, some leadership
Florida thing in Tampa, I have to put that on the consent agenda now,
go through whole -- all we're doing is adding to a process instead of
simplifying one, which was our intent.
COMMISSIONER CONSTANTINE: My preference would be to keep it --
my preference is not to include these, but if it appears we have four
people who do want to include these, and if we're going to --
COMMISSIONER NORRIS: I would hope so.
CHAIRPERSON MAC'KIE: Three. We have three who want to include
this.
COMMISSIONER CONSTANTINE: If we do, I would prefer to keep it
the way it was in that that's up to the discretion -- if -- if a board
that just voted on the millage rate for a $500 million budget can't
decide whether or not to go to a hundred dollar event without
discussing it, we've got a problem. CHAIRPERSON MAC'KIE: Amen.
COMMISSIONER CONSTANTINE: And, frankly, if the Clerk has a
question, Item Number 6 on our agenda every week is Clerk's Report --
CHAIRPERSON MAC'KIE: And --
COMMISSIONER CONSTANTINE: -- and he can come over individually
and just say, hey, what was this, and get an -- make -- form his
opinion from that, or he can come to a public meeting and do that.
So, hopefully, if there's a questionable item, that can be
handled individually, but I'd hate to make the whole process very
cumbersome just for that unlikely scenario.
CHAIRPERSON MAC'KIE: Commissioner Berry.
COMMISSIONER BERRY: Usually when I have attended these events,
in most cases there's an invitation that is issued. And I think
that's a perfect thing to turn in to Miss Filson or whatever and have
it on file.
If we're going --
CHAIRPERSON MAC'KIE: Oh, yeah.
COMMISSIONER BERRY: -- to be going to a particular event,
there's an invitation that states the purpose of -- of what it is and,
you know, go from there.
If the Clerk questions that at that point in time, then he can
certainly come back through her to us and communicate that.
Is that how it's been done or what -- what you have done in the
past?
MS. FILSON: Yes. And I do have one question. The consent
agenda request doesn't include like the Florida Association of County
Seminars and --
CHAIRPERSON MAC'KIE: Well, we're trying to eliminate that all
together, Sue, at this point, so wait and see.
MR. MANALICH: Well, what I might suggest, in line of your
direction, would be to -- if you want to approve this resolution
removing the limitation Commissioner Carter pointed out, then we can
work with the Clerk, they've been helpful to this point, and see how
-- other ways we can find to not have to come back on the agenda if we
can.
Page 128
August 3, 1999
CHAIRPERSON MAC'KIE: Okay. So, is there a motion on the
resolution that's drafted?
COMMISSIONER BERRY: As drafted?
CHAIRPERSON MAC'KIE: No, no. With the removal, I assume, of the
$150 per event limit and then the -- in the fashion Ramiro just
described.
MR. MANALICH: This will basically tell the public as well as the
Clerk that these broad categories of functions serve a valid public
purpose, which is enumerated in the resolution. I think what would
remain then would be for dialogue, which would be in my office and
that of the Clerk to see if we can avoid having to return on the
agenda for these specific items.
CHAIRPERSON MAC'KIE: All right. We submit them like we always
have to Sue. If the Clerk objects to them, he objects, then we either
pay for it or we don't go. And if we have already spent the money, I
don't know -- you know -- is this hard?
COMMISSIONER NORRIS: Yes.
CHAIRPERSON MAC'KIE: Why?
COMMISSIONER CONSTANTINE: Can I make one other suggestion in
there, that instead of $2500 -- I'm sorry to nit-pick but $2500 per
commissioner, shouldn't that say in an amount to be budgeted annually
by the board, because --
CHAIRPERSON MAC'KIE: Yeah.
COMMISSIONER CONSTANTINE: -- it's been two thousand in the past,
it's been higher than that in the past. It's 2500 this year. Ten
years from now, they're going to need something higher than 2500, but
this particular ordinance or resolution would read 2500 instead of in
19 -- and $2,007, you know, reading 4,000. And it -- we ought to just
reference the amount budgeted by the commission rather than a specific
amount.
CHAIRPERSON MAC'KIE: Should we continue this till September 14th
because it shouldn't be this complicated?
MR. WEIGEL: Either way. I think we understand the direction if
you wish to adopt this resolution to make those particular changes,
but part of the presentation was that Ramiro, in working with the
Clerk had learned that all we can do with this resolution and all it's
intended to do is just to set a policy and recognition that certain
events will be recognized as having a public or educational type of --
of value for commissioners, but in no way does this resolution itself
provide for the automatic approval of any individual event.
And the discussions that we've had with the Clerk, Ramiro
specifically, had been conceivably that we could come back with the
resolution of the board that identified many perhaps agreeable items,
specific events, whether it's a CBIA event, just for example, or some
other kind of event. Those things that you really know are going to
come up in our annual events, and those that could be approved in a
blanket resolution well ahead of time.
But all other events --
CHAIRPERSON MAC'KIE: I'm sorry to interrupt you. All we
intended, as I recall, at the budget discussion was one change.
Things that otherwise were approved, if they were outside the county,
were now permitted if they were inside the county. That was all.
MR. WEIGEL: Okay.
CHAIRPERSON MAC'KIE: So, why does everything else have to
change?
Page 129
August 3, 1999
MR. WEIGEL: Well, it doesn't. You'll just have an individual
item-by-item review and approval by the Clerk even before or after.
CHAIRPERSON MAC'KIE: Well, you don't have to do that for outside
the county now. I submit it to Sue and she pays it -- MR. WEIGEL: She submits it.
CHAIRPERSON MAC'KIE: -- unless the Clerk objects.
COMMISSIONER BERRY: Am I understanding that perhaps these things
were stated in here at the request of the Clerk?
MR. MANALICH: Well, it was the product of our dialogue, because
really there was a need for clarification. Our office in fact, you
know, on occasion will field a question as to whether a particular
event meets a public purpose attendance test or not. That is an
attempt to codify and clarify for the future for everyone's concern.
But I understand your concern about having to return and -- I
mean, I'm sure the Clerk would have further input and see if we can
avoid that. But the idea was to note that if there was any doubt that
some of these functions, whether they be charitable or civic or
whatever, that there is a public purpose benefit to your attendance at
these functions.
COMMISSIONER CONSTANTINE: We don't currently go through a
process other than submitting it, and Sue submits it to the Clerk, and
if he has an objection, it comes to us for things outside the county.
Leadership Florida is a great example.
In here, I think all you're attempting to do when I read
paragraph one is the board hereby finds that attendance at the
functions listed in paragraph three serves a valid public purpose, and
that it talks about the different areas we've talked about; so,
educational, charitable, social and so on.
But I don't mind if you clarify that. I'm going to vote against
it, but I think I understand the intent there. I don't see anywhere
on this resolution that it says we're going to put every item you ever
expend in front of the Clerk -- I mean, on the consent agenda before
it goes to the Clerk, nor do I have any interest in doing that.
I don't want to change that procedure. The procedure isn't
broken the way it is. If we want to include these type things
generally as the board recog -- for board recognition, that it's for
public purpose, great. Vote for the resolution and it's done, but
let's not change anything else. Let's not change the procedure.
Let's not change -- if the Clerk has questions, it's no different than
what he does now, comes and asks us.
CHAIRPERSON MAC'KIE: So, is there a motion to that effect,
changing only the $150 limitation per event?
MR. MANALICH: I think the other thing I heard was the annually
budgeted by the board language.
CHAIRPERSON MAC'KIE: Yes. Thank you. Both of those changes to
the resolution.
COMMISSIONER CARTER: All right. I make a motion to that effect.
CHAIRPERSON MAC'KIE: Is there a second?
I'll second it.
All in favor, please say aye.
COMMISSIONER CARTER: Aye.
CHAIRPERSON MAC'KIE: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRPERSON MAC'KIE: Opposed?
COMMISSIONER NORRIS: Aye.
COMMISSIONER BERRY: Aye.
Page 130
August 3, 1999
CHAIRPERSON MAC'KIE: Oh, goodness. You've changed your mind
since budget. Okay.
COMMISSIONER CONSTANTINE: What's that?
COMMISSIONER BERRY: It's not worth it. It's just not worth the
hassle. I'm sorry. That's just the way I feel about it.
Item #10A
RESOLUTION 99-330, APPOINTING ANDREW J. FOX, JR. AND CHRISTOPHER O.
BENT TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED
CHAIRPERSON MAC'KIE: Okay. Moving on down today. Appointment
of members to the Hispanic Affairs Advisory Board.
COMMISSIONER NORRIS: Motion to approve.
CHAIRPERSON MAC'KIE: We have one and one. That's a motion.
COMMISSIONER CONSTANTINE: We have two and two.
COMMISSIONER NORRIS: Two and two.
CHAIRPERSON MAC'KIE: I'm sorry. Two and two.
COMMISSIONER CONSTANTINE: Second.
CHAIRPERSON MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE: Passes unanimously.
Page 131
AUG- 3 1999
RESOLUTION NO. 99-330
A RESOLUTION APPOINTING MEMBERS TO THE
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory
Board, provided that the Advisory Board shall consist of seven (7) members; and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, there are currently vacancies 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:
1. Andrew Jay Fox, Jr., is hereby appointed to the Collier County Hispanic Affairs
Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2001.
2. Christopher O. Bent is hereby reappointed to the Collier County Hispanic Affairs
Advisory Board for a four year term, said term to expire on June 25, 2003.
This Resolution adopted after motion, second and majority vote.
DATED: August 3, 1999
ATTEST!i~i,?
Clerk
Approv~ as to fora ~d
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:.
PAMELA S. MAC'KIE, Chairwoman
David C. Weigel tO
County Attomey
DCW/kn
August 3, 1999
Item #10B
RESOLUTION 99-331, APPOINTING MAURICE GUTIERREZ TO THE BAYSHORE/AVALON
B~AUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED
COMMISSIONER NORRIS: This one you should appoint.
CHAIRPERSON MAC'KIE: I appreciate that, but there -- I'd like --
I hope that the board would support the committee's recommendation.
COMMISSIONER CONSTANTINE: Do you want to make that a motion?
CHAIRPERSON MAC'KIE: That's a motion.
COMMISSIONER CONSTANTINE: I'll second that.
CHAIRPERSON MAC'KIE: A motion and a second. All in favor,
please say aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE: Passes.
Page 132
AU$ - 3 1999
RESOLUTION NO. 99-331
RESOLUTION APPOINTING MAURICE GUTIERREZ TO THE
BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier
County Ordinance No. 97-82, establishing the Bayshore/Avalon Beautification Municipal
Service Taxing Unit and creating the Bayshore/Avalon Beautification MSTU Advisory
Committee; and
WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshoredAvalon
Beautification MSTU Advisory Committee shall consist of five (5) members; and
WHEREAS, there is a vacancy on this Committee; 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 Maurice Gutierrez is hereby
appointed to the Bayshore/Avalon Beautification MSTU Advisory Committee to fulfill the
remainder of the vacant term, said term to expire on March 3, 2000.
This Resolution adopted after motion, second and majority vote.
DATED: August 3, 1999
ATTEST'~ ,b' ~ ~
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:p~~man
County Attorney
DCW/kn
August 3, 1999
Item #10C
RESOLUTION 99-332, APPOINTING MICHAEL COE TO THE ENVIRONMENTAL
ADVISORY COUNCIL - ADOPTED; FORMAL OPINION FROM THE ETHICS COMMISSION
TO BE BROUGHT BACK ON SEPTEMBER 14~ 1999 WITH POLICY DECISION
COMMISSIONER CONSTANTINE: This next one we need to have a
discussion on, I guess.
COMMISSIONER NORRIS: This one may not be as quick.
COMMISSIONER CONSTANTINE: Yeah. And my question was real
simple. If they're an advisory board -- I heard Mr. Mulhere say,
well, the subpoena would come from the state. I don't know who --
maybe you can help me with that, but if they're an advisory board and
they're simply making recommendations to the board, but they're not
binding decisions, I don't understand why someone with professional
expertise who works in the industry is now being disqualified. That's
contrary to how we've certainly ever done these type boards in the
past.
MR. MULHERE: For the record, Bob Mulhere, Planning Director.
I'm not sure that I said that. If I did I --
COMMISSIONER CONSTANTINE: I withdraw that part of my comment.
MR. MULHERE: I think it came from the County Attorney's office.
I hate to point fingers.
MS. SCUDERI: It didn't come from me but I can address that.
THE COURT REPORTER: Would you identify yourself for the record,
please?
MS. SCUDERI: I'm Marti Scuderi, Assistant County Attorney.
I believe what you're talking about, it falls under Statute
112.3143, voting conflicts, and it defines a public officer, which
includes any person elected or appointed to hold office in any agency,
including any persons serving on an advisory board.
So, it -- it's right --
CHAIRPERSON MAC'KIE: In the legislature.
MS. SCUDERI: -- in the statute and the definition.
COMMISSIONER CONSTANTINE: Bert, can we fix that?
I would think we might have to clean house then on a number of
boards. I mean, how -- how does the Tourism, TDC, Council vote?
You've got all hoteliers on there. They're immediately --
MR. FERNANDEZ: That one is prescribed by state law, that they
have that interest.
COMMISSIONER NORRIS: Which is in direct conflict.
COMMISSIONER CONSTANTINE: Right. How about our --
MS. SCUDERI: It's an exception --
CHAIRPERSON MAC'KIE: Right.
MS. SCUDERI: -- prescribed by state law.
COMMISSIONER CONSTANTINE: How about our --
COMMISSIONER CARTER: Planning -- Planning Board.
COMMISSIONER CONSTANTINE: -- Planning Board, Community
Development Board? I mean, if we went through the list, I bet you'd
find a half dozen boards at least that would have a conflict.
COMMISSIONER NORRIS: Yeah. Let me -- let me ask a couple of
questions and I've got a comment here since this is the way it's going
to have to happen.
What is the -- what is the origin of this board? Is this
mandated by state girth management laws that we have this or is this
Page 133
August 3, 1999
something that we just do voluntarily? What -- why do we have this
board?
MR. CAUTERO: Vince Cautero for the record, Community Development
Administrator.
The Environmental Advisory Council is the new board that you
approved several months ago.
COMMISSIONER NORRIS: I understand that, but I'm talking about
the origin of it. Why do we have it?
MR. CAUTERO: Two -- the origin for it exists in two places; one,
your comprehensive plan states that you have an environmental
technical committee to make recommendations, which this committee will
participate in those kinds of discussions, and also the Land
Development Code creates an environmental advisory board to review
applications.
COMMISSIONER NORRIS:
MR. CAUTERO: Yes.
COMMISSIONER NORRIS:
So, the answer is we did it.
And there's nothing in save all the courses
MR. CAUTERO: That's correct.
COMMISSIONER NORRIS: -- is to have all --
MR. CAUTERO: It's a local effort.
COMMISSIONER NORRIS: -- the changes. Here's the problem. Let
me -- let me see if I can explain what's bothering me here.
Because of this opinion and is it a formal opinion by the
Commission on Ethics or just --
MS. SCUDERI: We have not asked for a formal opinion yet, but
there are opinions that are analogous -- COMMISSIONER NORRIS: Okay.
MS. SCUDERI: -- they've discussed with us.
COMMISSIONER NORRIS: Because of this opinion by the Commission
on Ethics, what -- here's -- here's our problem. We can't have paid
lobbyists, for example, from the environmental community on this
board.
We can't have Guggenheim or Simonik or Nancy Payton or any of
these people on this board because they're paid lobbyists, and,
therefore, you know, they are -- they're going to have voting
conflicts on every single issue. The --
CHAIRPERSON MAC'KIE: No, because it doesn't inure to their
pecuniary gain.
COMMISSIONER NORRIS: It does to their company and it's the same
issue --
COMMISSIONER CONSTANTINE: By definition.
COMMISSIONER NORRIS: -- same issue with any environmental
engineer that we also said has to leave because they're -- they're
working for a customer and -- and, you know, they get into voting
conflicts and recurring conflicts and all of that.
So, the point is that what you're going to end up with is you're
limited to a pool of people who -- who would have to be retired if
they're going to have expertise in this field, otherwise than that,
you're just going to have completely unknowledgeable people on this
board.
So, if that's what this is going to -- if that's the end result
of this ruling and what we have to do with this board, I don't see
that we need the board at all, because it's not going to have any
expertise on it. And I would be in favor of just relieving ourselves
of this responsibility.
Page 134
August 3, 1999
CHAIRPERSON MAC'KIE: Now, you've been in favor of dissolving the
environmental committees for quite awhile. It's just another way to
get --
COMMISSIONER NORRIS: That's not true.
COMMISSIONER BERRY: No, but you see what --
COMMISSIONER NORRIS: That's not true.
COMMISSIONER BERRY: One of the things it says in here, and I
don't know how you can do this, technical members shall demonstrate
evidence of expertise. If you can't have people who are experts in
the field because of a conflict of interest, who do you appoint?
COMMISSIONER NORRIS: Right. That's my point.
CHAIRPERSON MAC'KIE: Do you have advice for us on that issue?
COMMISSIONER BERRY: And yet it says -- it says here, they shall
have.
MS. SCUDERI: I see the contradiction that you're saying, and I
believe that it's possible that some of the retired members that you
spoke of might have the expertise. I do want to add, although we
don't have a formal opinion, we did speak to the Ethics Commission as
well as the Attorney General's office and they just -- unless they
actually write out a formal opinion, it's not considered formal, but
we have talked to them about the issue. Basically, I -- I see the
contradiction.
COMMISSIONER CONSTANTINE: Question.
MS. SCUDERI: But it is in the statute.
COMMISSIONER CARTER: Well, what about -- let me ask another
question. What about the people who currently submitted, that we have
a list in front of us? Are we in the same conflict area -- MS. SCUDERI: No.
COMMISSIONER CARTER: -- with those people or are there certain
people that --
COMMISSIONER CONSTANTINE: It counts them, yes.
MS. SCUDERI: I can tell you what these people --
COMMISSIONER CONSTANTINE: It shouldn't be, but it is according
to that definition.
MS. SCUDERI: I sent them a memo which basically -- and I think
you've probably seen the memo that the Environmental Advisory Council
has, the one that we did on June 1st of '99. And I sent them a memo
just showing them that this is not meant to discourage their
application, but merely for them to see if they have any potential
conflicts. And they all, I'm assuming, received that and read that.
It was either faxed or E-mailed.
CHAIRPERSON MAC'KIE: I have a question for you.
MS. SCUDERI: Uh-huh.
CHAIRPERSON MAC'KIE: Let's use Ed Carlson as an example, because
he's one of our current applicants. He's the director of the -- the
Corkscrew. Does he have a conflict?
MR. MANALICH: I personally don't know that much about him. I
know that --
CHAIRPERSON MAC'KIE: Okay. Well, let's make it an easier one
then. David Guggenheim is the CEO of the Conservancy. Is he
conflicted out?
MR. MANALICH: I can tell you that the statute doesn't appear to
go to the philosophical viewpoints. It more goes to the pecuniary
gain or loss.
CHAIRPERSON MAC'KIE: And that's where I want to get us back on
that point --
Page 135
August 3, 1999
MS. SCUDERI: Right.
CHAIRPERSON MAC'KIE: -- because we're --
MR. MANALICH: Two standards you're dealing with in the statute
are does voting on this matter, participating even in this matter,
result in special private gain or loss to the individual or someone
that they represent? There's also another provision of the law that
says you can't have an employment or a contractual relationship which
would substantially impair your abilities to perform your public
duties.
COMMISSIONER CONSTANTINE: Well, with that in mind --
MR. MANALICH: Those are the two standards.
COMMISSIONER CONSTANTINE: -- is -- is -- that goes back to Ed
Carlson, the first name on the list, to him or to someone he
represents. If he's representing Corkscrew Swamp Sanctuary, and EAC
is certainly going to deal with issues where either there are
suggestions that they buy land for mitigation out in that area or -- I
mean, there are any number of ways that you could gain potentially.
And it shows the -- the foolishness of this thing is Ed Carlson's
a great guy and certainly a great resource for this stuff, but he's
got that same conflict that anybody else might have.
MR. MANALICH: It seems problematic from what you describe.
CHAIRPERSON MAC'KIE: How -- how does that inure to his special
pecuniary gain?
COMMISSIONER CONSTANTINE: It could to Corkscrew.
CHAIRPERSON MAC'KIE: Does he -- does -- I mean his -- his --
MR. MANALICH: I thought what I was hearing was that he
represents an entity that --
CHAIRPERSON MAC'KIE: He is the director of --
COMMISSIONER CONSTANTINE: Corkscrew Swamp Sanctuary.
CHAIRPERSON MAC'KIE: -- Corkscrew.
MR. MANALICH: Right, but they would have economic gain or loss
from certain decisions made affecting that area, would they not?
COMMISSIONER CONSTANTINE: Yes, they would.
COMMISSIONER BERRY: They could.
COMMISSIONER NORRIS: And what was the second area you had that
they --
MR. MANALICH: If you have a contractual or employment
relationship which would impair your ability to perform your public
duties; that is, to --
COMMISSIONER NORRIS: But that's the point with those -- those
people is they work, they're paid by some organization and they're not
-- I've made this point many times in the past -- they're not free to
-- to have an objective opinion. They have to carry the water of
their organization.
CHAIRPERSON MAC'KIE: Mr. Constantine has an idea. Why don't we
hear that?
COMMISSIONER CONSTANTINE: Is there a way to name this something
other than advisory board and so then we get around it by definition,
and then we can appoint whomever we want? We can open it up and make
sure that all sides are fairly represented. CHAIRPERSON MAC'KIE: Mr. Cautero.
MR. CAUTERO: Yes. Vince Cautero again for the record.
Commissioner, I think I can answer that question. If you
eliminate that function of the Environmental Advisory Council, it
would only be those -- it would only be the function in which they
Page 136
August 3, 1999
hear applications and make recommendations to the Planning Commission
who makes recommendations to you.
You would still need, in my opinion, to follow your policies, in
the growth management, plan a technical advisory council of some type,
and that's what they would do. And you would rewrite the ordinance
that would state that people with specific backgrounds in areas of
expertise would be on that advisory council just like your Development
Services Advisory Committee.
The other part of that discussion is significant. We're getting
ready to come to you with a recommendation on the hearing examiner,
which would eliminate not only this council but the Planning
Commission's role --
CHAIRPERSON MAC'KIE: Thank God.
MR. CAUTERO: -- in terms of quasi judicial public hearings.
COMMISSIONER CONSTANTINE: Yeah. We do not want to do that.
CHAIRPERSON MAC'KIE: Yes, we do want that.
COMMISSIONER CONSTANTINE: Can we discuss that outside this
forum, too, before it comes to us, because we've heard that before?
It's not the first time it's come up.
MR. CAUTERO: That would solve your problem.
CHAIRPERSON MAC'KIE: That would solve it.
MR. CAUTERO: You have it today in front of you. You could call
it something else, but it would have to be modeled like the
Development Services Advisory Committee, but they're just dealing with
technical issues, and that's what you had with EPTAB. We made the
recommendation to combine the two.
COMMISSIONER CONSTANTINE: Can I ask that we hold off on
appointing until we answer these questions and just in the -- in the
coming month, try to put all that data and come in in three weeks and
try to boil all this down into something?
Because if it -- if we come out three weeks from now with an idea
for a different format, I'd hate to have these -- send something out
to these people saying, congratulations, and three weeks from now
saying, oh, by the way, we've changed it. We're taking it away from
you.
COMMISSIONER NORRIS: The problem we've got is people that are
being held up because they can't get through the process because of
this committee.
COMMISSIONER BERRY: They've got to have reviews.
COMMISSIONER NORRIS: This committee doesn't have a quorum.
That's the problem. The assembly center has got a petition they want
to bring for a minor PUD amendment, and they can't do it because of
this.
COMMISSIONER CONSTANTINE: What's the requirement? And is that a
requirement placed by this board or by the state?
MR. CAUTERO: It's by this board in the Land Development Code.
COMMISSIONER CONSTANTINE: Can we waive that just until we get
the answers to this question?
MR. CAUTERO: I don't know that. I'd have to turn to Mr. Weigel
for that.
MR. WEIGEL: I really don't see how you can waive that. It's --
it's a code amendment that you'd be looking to do.
COMMISSIONER CONSTANTINE: This would fall under the -- and call
me crazy -- I would see this as an emergency.
COMMISSIONER NORRIS: I do, too.
Page 137
August 3, 1999
COMMISSIONER CONSTANTINE: You've got people out there that have
been held up for months already and will be held up until we can
appoint something that right now -- and we can pick names, but it's
not going to make sense because, I mean, even people on this list
appear to have a conflict.
COMMISSIONER CARTER: Well, not everybody does. I mean --
COMMISSIONER CONSTANTINE: No, I know.
COMMISSIONER CARTER: -- you only need one person to get to a
quorum on this other group. You could take Michael G. Cove, who is a
Company Commander, retired Marine Corps. In everything that he has
done, there's no conflict of interest in the past or today.
MR. WEIGEL: One thing I'd like to make clear is that there can
be a conflict and there's a recurring conflict or a perpetual
conflict. And those are certainly shades of -- of gray there because
there may be the individual appointee to the committee who
occasionally conflicts out, or if someone with whom he is working, or
the organization with whom he's working, comes forward in a petition
process, he or she would have to conflict out.
There are those others who may be in a position where they're
always conflicting out and then the fact is they knew they must
conflict out. And as Mr. Manalich said, they don't vote and they
don't participate.
CHAIRPERSON MAC'KIE: Can I ask as a compromised position that
today we appoint one member so they have a quorum so we don't -- or we
don't quickly, without enough thought, make the decision to eliminate
this review function, because I think upon our further consideration,
you'd find that they provide valid input to us as they review these
land development petitions.
COMMISSIONER CARTER: If that's the case, I'm going to recommend
to the board we nominate Michael G. Cove, who I think would be as far
removed from any conflict that I could think of based on his resume,
and he's got a good background, being he has a Master's degree and
thinks and was a commandant in the Marine Corps. I think he probably
could handle this.
CHAIRPERSON MAC'KIE: Would you roll into that, add to that
motion, a request for a specific written, a formal opinion from the
Ethics Commission or the Attorney General, whichever is appropriate?
MS. SCUDERI: Right. I believe it would be the Ethics
Commission.
CHAIRPERSON MAC'KIE: The Ethics Commission.
COMMISSIONER CONSTANTINE: And in the meantime, that we ask staff
to come back with some alternatives. I hope as part of this we
revisit the idea that now anybody who wants to do anything -- and I
realize we always think in terms of big developers, but there are
little people out there like Reverend Mallory or like others who --
CHAIRPERSON MAC'KIE: Oh, yeah.
COMMISSIONER CONSTANTINE: -- now instead of making a stop before
the Planning Commission and the board have to make three stops. And
it seems like there ought to be a way to streamline that process a
little bit without compromising the quality.
COMMISSIONER CARTER:
motion.
CHAIRPERSON MAC'KIE:
COMMISSIONER NORRIS:
CHAIRPERSON MAC'KIE:
Opposed?
Yes. I would incorporate all those in my
Is there a second?
Second.
All in favor, please say aye.
Page 138
August 3, 1999
(No response.)
CHAIRPERSON MAC'KIE: We've appointed one member today to the ESC
and we'll go forward from here.
COMMISSIONER CONSTANTINE: We'll hear back on that September
14th?
MS. FILSON: Should I bring this issue back on the 14th --
CHAIRPERSON MAC'KIE: Yes, ma'am.
MS. FILSON: -- with their response, along with the members who
qualify?
CHAIRPERSON MAC'KIE: Actually this item will come back under
County Attorneys, so it won't be your responsibility to do it. MS. FILSON: For the appointments also?
COMMISSIONER CARTER: Not for Cove but for anybody else.
MS. FILSON: Just hang onto them.
CHAIRPERSON MAC'KIE: We're going to hang on for further
appointments pending the interpretation that we get.
Page 13 9
RESOLUTION NO. 99-332
A RESOLUTION APPOINTING M1CHAEL G. COE
TO THE ENVIRONMENTAL ADVISORY COUNCIL.
AUG- 3 1999
WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County
adopted Collier County Ordinance No. 99-6 creating the Environmental Advisory Council; and
WHEREAS, Collier County Ordinance No. 99-6 provides that the Environment Advisory
Council shall consist of 9 members; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
previously provided public notice
THE BOARD OF COUNTY
that Michael G. Coe is hereby
appointed under the category of Non-Technical Advisor to the Environmental Advisory Council
for a two year term, said term to expire on April 30, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: August 3, 1999
Approo~d as to fo~ and
legal sufficiency:
David C. Weigel
County Attorney
DC W/kn:h;public;kay;advisory boards
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
August 3, 1999
Item #10D
RESOLUTION 99-333 APPOINTING STEPHEN RASNICK TO THE COLLIER COUNTY
COMMUNITY HEALTH CARE AD HOC COMMITTEE - ADOPTED
Application for the Community Health Care Ad Hoc Committee.
COMMISSIONER CONSTANTINE: One on one. Make a motion.
COMMISSIONER NORRIS: Second.
CHAIRPERSON MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE: Passes unanimously.
Page 140
AUG- 3 ;999
RESOLUTION NO. 99-333
A RESOLUTION APPOINTING STEPHEN F. RASNICK TO TIlE
COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE.
WHEREAS, on May 11, 1999, the Board of County Commissioners adopted Resolution No.
99-230, establishing the ad hoc committee known as the Collier County Community Health Care
Committee; and
WHEREAS, the Board of County Commissioners approved the appointment of 9 health care
providers, 11 community leaders, 5 advisors, and 3 At-Large members to the Collier County
Community Health Care Committee; and
WHEREAS, there is currently a vacancy in the Community Representative category for an
insurance representative; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Stephen F. Rasnick is hereby appointed as insurance representative to the Collier
County Community Health Care Committee under the category of Community Representative.
This Resolution adopted after motion, second and majority vote.
DATED: August 3, 1999
;~DWIGHT E.: BROC~K, Clerk
'.~,~.~,
stgnatu ' 11,
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
'PA~IELA S. MAC KIE, Chairwoman
David C. Weigel
County Attorney
DCW/kn
August 3, 1999
Item
PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF MARCO ISLAND
AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES -
COHMISSIONERS TO COORDINATE CALENDARS FOR SAID MEETING
I quickly put this item on here about FEMA hoping that the board
would agree that we should have a joint meeting among the cities and
the county on this issue.
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
in mind?
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
It is --
What did you have in mind?
Well --
A few little things, but what did you have
FEMA is remapping.
Yeah, I know.
Okay.
But what -- what's your -- help me --
MR. FERNANDEZ: I'll speak to that. The question is whether to
-- how to go about the questioning or challenging the boundaries that
have been established by FEMA in terms of the flood plain, whether the
lines are accurately drawn or not. I think the question is whether
it's prudent to spend a lot of money for a consultant to do that.
COMMISSIONER CONSTANTINE: And boiled down, Barb, to -- to --
because there have been so many natural disasters around the country
in the last couple of years, FEMA's a little tight on money.
One of the ways that they can get more money is alter the
boundaries here as to who has to pay into the insurance plan; in our
case --
COMMISSIONER BERRY: Got you.
COMMISSIONER CONSTANTINE: -- flood insurance.
It does not appear to be, and we haven't gone through the whole
process, but it doesn't appear to be based on any factual information.
They're just changing the lines for what appears to be a way of
getting more money.
But all of a sudden, you and me, who live eight miles inland, are
now --
CHAIRPERSON MAC'KIE: Well, get flood insurance.
COMMISSIONER CONSTANTINE: -- in front of that flood plain, and
it's not based on any change in any data. It's based solely on a
need, it appears, based solely on a need for more money. And it's
something that will affect thousands of people and it probably is a
good idea for us to fight. And I think it's a great idea because it's
going to impact literally all the municipalities and county and
everybody.
COMMISSIONER BERRY: But my point is then how are you -- what --
what's going to be the format of this meeting? Is this just a public
meeting or is this --
CHAIRPERSON MAC'KIE: Let me get out the request that I had.
COMMISSIONER CARTER: I think that Mr. Cautero can answer that.
CHAIRPERSON MAC'KIE: Well, go ahead, Mr. Cautero.
MR. CAUTERO: Vince Cautero again for the record.
Development Services Advisory Committee as well as a technical
group of people from the building industry and other affected
individuals and engineers have been working with Bob Devlin, who is
the flood plain management coordinator for the county for an
interlocal agreement.
Page 141
August 3, 1999
He would make a presentation at this meeting, it's my
understanding, with representatives of city/county, Everglades City as
well as Marco.
And most likely your Development Services Advisory Committee will
recommend to you tomorrow that a formal letter be sent by the chair
recommending the use of a consultant.
It is very likely that Bob and the staff in our Building
Department would concur with that recommendation and recommend that a
consultant be hired.
They have a particular individual in mind, with over 30 years of
experience, who has challenged data from FEMA before and been
successful. And Pinellas County is going through the same exercise
right now.
So, I think that will all come to fruition at this meeting and I
believe Dr. Woodruff sent the letter to the county asking for it to be
in early September --
CHAIRPERSON MAC'KIE: Yes.
MR. MANALICH: -- I believe, sometime.
COMMISSIONER BERRY: But this isn't a meeting open to the public,
or it is?
CHAIRPERSON MAC'KIE: Yes.
MR. CAUTERO: Yes.
COMMISSIONER BERRY: If it is, then do you think September is a
good time because a lot of the people are not here. That's my -- if
you're looking -- if you're looking at just a staff kind of thing -- CHAIRPERSON MAC'KIE: I think the timing is important for the
FEMA process. Am I right about that?
MR. CAUTERO: That's correct. The timing is important to have it
in September for comments.
COMMISSIONER BERRY: Okay.
CHAIRPERSON MAC'KIE: So, is there agreement we will coordinate
calendars and --
COMMISSIONER CONSTANTINE: Great idea.
Item #10F
REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING TITLE LOAN
TRANSACTIONS - NO ACTION
CHAIRPERSON MAC'KIE: Okay. The next one that I added on
briefly, Senator Saunders is kind enough to be here to --
COMMISSIONER CONSTANTINE: That's a great idea.
CHAIRPERSON MAC'KIE: -- to let you -- to give us all some
information about what -- the request that I have for the board today
is that we ask the staff to begin the process of determining just the
scope of the problem, if there is one in Collier County, and to what
level the board might wish to become involved in regulating the title
loan industry in Collier County.
SENATOR SAUNDERS: Madam Chairman, thank you very much, and
members of the commission. I think I want to thank you for putting
this on the agenda today even though maybe next month would have been
a little shorter meeting.
I have some additional packets of information that I don't know
if you have them or not. I distributed some packets of information to
you, so I have five additional ones here if -- if it's needed.
Page 142
August 3, 1999
And, basically, what the request is is for the Collier County
commission, in conjunction with the Lee County commission, to consider
regulation of an industry known as the title loan industry.
Basically, what that industry involves is individuals who are
looking for relatively small amounts of money; $500, $700, that have
no means to get credit through traditional sources, through banks,
will go to title loan companies, put their -- the title of their car
up as collateral and borrow that amount of money, whatever -- whatever
is needed.
They're usually fairly short-term loans but they do get rolled
over. And the interest rate that is being charged by many of these
title loan operators is 22 percent per month, which amounts to 264
percent per year.
And the reason that they're able to charge those rates is
because, quite frankly, a loophole was created in the Florida Statutes
a number of years ago, and the Florida legislature has not been
willing to close that loophole. There's been an effort over the last
couple of years. I've supported that effort but we have not been able
to get the loophole closed.
So, approximately eight or ten counties in Florida right after
this past legislative session began adopting regulations, ordinance's,
to regulate the title on industry.
In the packet that you have is an ordinance that has been
prepared by the Attorney General's office. It's been reviewed by
several county attorneys. It's been adopted in several counties so
it's a fairly good ordinance as a starting point.
I want to read two paragraphs in a letter from the Attorney
General that kind of outline what -- what this is all about. And this
is to the Chairman of the Seminole County Commission.
COMMISSIONER CONSTANTINE: Senator Saunders?
SENATOR SAUNDERS: Yes.
COMMISSIONER CONSTANTINE: Can I just ask? I'm curious. Why
would -- when you said the legislature hasn't passed, I'm always
fascinated when the -- what the alleged reasons are why they won't do
it if this -- if this is an abuse that's going on statewide. What
would the logic be up there why anybody would object to it?
SENATOR SAUNDERS: Yeah. Well, quite frankly, I don't know what
the logic would be. It just hasn't happened. There was a House bill
that set the maximum interest rate at 30 percent. There was Senate
bill that was run by Senator W. D. Childers that did not set an
interest rate. We were not able to get the House and the Senate to
agree on legislation and so the issue just hasn't made it through.
That's sort of the vagaries of the legislative process.
And, so, in response, many counties, and I'll tell you that
Broward, Clay, Dural, Hillsborough, Miami-Dade, Orange, Palm Beach,
St. Johns and Seminole Counties have already adopted ordinances.
Alachua, Gadsden, Hernando, Jefferson, Leon, Osceola, Pasco, Pinellas,
Volusia and Wakulla as of June 12th were considering the adoption of
ordinances.
So, there are a number of counties that are moving forward. And,
as I said, Lee County is going to consider this issue on September
7th.
But the Attorney General's letter, ~I think, kind of points out
the reason for this. It says, as you are aware with the enactment of
the Florida Title Loan Act, Florida's consumers have been subjected to
Page 143
August 3, 1999
an unconscionable interest rate of 264 percent on title loan
transactions.
Since the Act's passage, this office and independent consumer
groups have continuously supported legislation that would
substantially reduce this interest rate and provide for greater
consumer protection.
It goes on to say, there's no doubt that the existing interest
rates are simply intolerable and should be substantially reduced.
Hopefully you will agree that this is an additional opportunity for
local government to lead by example.
The Attorney General has also agreed to provide assistance, both
legal and technical, to communities that are interested in pursuing
this.
I've suggested that the county, the Collier County commission,
consider this in conjunction with Lee County so that it's more of a
regional approach to that regulation.
And as I said, there's a tremendous amount of information in the
packet, news articles, the ordinance itself, as well as proposed
legislation that has not made it through the legislature.
CHAIRPERSON MAC'KIE: Is there a support on the board to have
staff go forward to investigate how this might be relevant to Collier
County?
COMMISSIONER CARTER: What does -- what does it take for us to
do? Is this a simple ordinance?
CHAIRPERSON MAC'KIE: Yes.
COMMISSIONER CARTER: We could do it in conjunction with Lee
County? Does it take a lot of staff time, all of this, so that we can
get it on the books?
SENATOR SAUNDERS: With the packet that you have in terms of the
ordinance, I think that you've got an excellent starting point. It
shouldn't take a whole lot of time to prepare an ordinance. But the
issue becomes what area of regulation do you want to get into?
The ordinance deals with the licensing of these businesses, it
deals with the procedures for repossession of vehicles, if a missed
payment occurs, the sale and just the disposition of those
automobiles, and what happens to the proceeds from those sales? This
ordinance covers all of that as well as has an interest rate cap in it
of 30 percent per year.
You may determine that 30 percent is not the -- the right
interest rate, and you may want to have a -- staff have some sort of a
public workshop to -- to discuss that issue.
And, so, I think in terms of staff time, I think that most of the
work, quite frankly, I think has been done.
COMMISSIONER CONSTANTINE: You just asked the question kind of
rhetorically. It depends on what area of regulation we want to get
into, and, frankly, I just -- I don't know that I want to get into
more regulation. It sounds like more government and more regulation.
And I understand the concern for the issue. Those are some
pretty big numbers but, you know, there's -- at some point people have
to take personal responsibility. And to suggest to me that -- to
suggest that government is going to be able to help people because
they're not bright enough to do it on their own, I mean, nobody's
forcing them to go and get those loans. No one is forcing anybody to
do that.
You have an opportunity to do that or not. And -- and, you know,
I just -- I get worried when government starts getting involved and
Page 144
August 3, 1999
saying, well, you're not bright enough to figure this out on your own.
You shouldn't take that loan for that amount, so we're going to
create a law that will save you from doing that.
And -- and I understand the intent here, but it seems like
personal responsibility and not creating more regulation is more on
the lines of the Republican community.
CHAIRPERSON MAC'KIE: My -- My thought is I agree with that in --
but the proposal that I would ask the county to consider is to offer
an additional alternative to those people.
Right now, they have a choice; 250 percent or no money. And
there's no reason for generosity, I guess, for title loan businesses
to lower their interest rates because they can get it at this rate.
If we put some kind of a cap, then there is another choice
available to these people. Maybe there will be people who can't --
who will choose not to take the 30 percent loan but -- but right now,
there -- the market will not create another alternative for people who
are in need of cash and don't qualify for loans otherwise.
COMMISSIONER NORRIS: Well --
CHAIRPERSON MAC'KIE: Commissioner Norris.
COMMISSIONER NORRIS: -- one of the problems that you're
completely ignoring is that a lot of these people will go in and get
their $500 and go to California in their car, and whoever gave them
the $500 has no way of getting their money back or the car. And, you
know, it's not as simple as just capping the interest rate.
First of all, I think, you know, this is not something for local
government in my opinion. I think, Senator Saunders, that you'd
probably be best to try to push this at the state level and get a
statewide statute that addresses this problem.
I really don't think it's something at -- at the local level and,
secondarily, everybody up here on the board, Senator Saunders, at
least claim to be Republicans. And I don't know that it's in the
Republican philosophy to get into price controls, sort of like you're
saying. I mean, that's just too much government.
COMMISSIONER CONSTANTINE: One other response to you when you say
there's no other choice. Well, the choice is if there is no demand,
then that price comes down. And people are willing to pay that, you
know, so be it, and it's a terrible number, but if they -- but if
enough people don't do that, then the people who are trying to profit
at that have no choice but to bring it down and I just --
CHAIRPERSON MAC'KIE: They wouldn't if they had another choice,
Tim.
COMMISSIONER CONSTANTINE: Well, I think they do have another
choice, frankly. I mean, there's a -- some reason why you get -- you
can't get credit anywhere else. And, I mean, it's --
COMMISSIONER NORRIS: Some bad credit risks maybe?
COMMISSIONER CONSTANTINE: Yeah. I mean, I get -- literally four
or five times a week, I get a credit card thing in the mail. And I
don't think I'm the only one that gets them. There are any number of
ways to get it unless you have established a bad credit rating and, so
COMMISSIONER NORRIS: And don't forget that most of these are
very short term. I mean, it's usually advancing a paycheck.
CHAIRPERSON MAC'KIE: I hear one support, two opponents. Is
there --
COMMISSIONER BERRY: Three opponents.
COMMISSIONER NORRIS: Three opponents?
Page 14 5
August 3, 1999
COMMISSIONER BERRY: I just don't think --
SENATOR SAUNDERS: If I might make one -- one -- one comment.
And I can -- obviously I can count to three, but one thing that I
think -- I don't disagree with what Commissioner Constantine has said
in terms of, you know, one of the Republican philosophies is that we
don't engage in unnecessary regulation.
But I will tell you, just as an example, in their -- in the
packet, there are a lot of different horror stories that you can read
about. There was one title loan company that had 22 percent, big --
big letters on the wall, and people assume that that was a 22 percent
per year interest rate. And the evidence was that no one bothered to
tell the people that were signing these -- these notes that it was 22
percent per month. And that -- that's -- that's a big difference.
And --
COMMISSIONER NORRIS: Are these -- are these companies exempt
from truth in lending?
SENATOR SAUNDERS: I would assume that they're not, but that
doesn't mean that they're -- they're engaging in -- in -- in the
correct processes.
Also, in -- there's a -- there's a recognition that -- that
people in these circumstances do need access to some credit. There's
some groups of banks in some counties that are trying to get together
to form coalitions and pools so that they can address the needs of
this particular population.
I don't think you really have a big huge increase in population
in California with all these people driving their cars in California.
Most of them are -- are working. They get behind the eight ball -- COMMISSIONER CONSTANTINE: Only if it's an electric car can they
go to California.
SENATOR SAUNDERS: And -- and the solution that they've turned to
is worse than the problem that they have. So I understand all of
that. And I will conclude by simply saying that many counties have
adopted these types of regulations and if there's any interest in
pursuing it, then I'd be happy to provide additional information when
and if that interest develops.
CHAIRPERSON MAC'KIE: Thank you, sir.
COMMISSIONER CARTER: Why not let the legislature pursue it?
SENATOR SAUNDERS: Yes. Thank you.
CHAIRPERSON MAC'KIE: Thank you.
Public comment on general topics. Have we any?
COMMISSIONER BERRY: Anybody says anything, they're dead meat.
CHAIRPERSON MAC'KIE: None registered. Thank you.
Item #12B1
ORDINANCE 99-56, RE PETITION R-99-3, GEOFFREY PURSE OF PURSE
ASSOCIATES, INC., REPRESENTING GOLDEN GATE INN, REQUESTING TO CHANGE
THE ZONING CLASSIFICATION FROM "GC" GOLF COURSE TO "C-3" INTERMEDIATE
COMMERCIAL DISTRICT FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
GOLDEN GATE PARKWAY AND COUTY ROAD 951, CONSISTING OF 1.81 ACRES -
ADOPTED
So, we can move -- hey, hey, it's six o'clock -- to the
afternoon agenda.
COMMISSIONER CARTER: The evening agenda.
CHAIRPERSON MAC'KIE: 12(b) (1)
Page 146
August 3, 1999
COMMISSIONER CONSTANTINE: I think I can make this fairly quick.
This was, if you remember, the golf course C3 change. A long story
short, they boiled this down and they -- they -- with some different
information, they're willing to go ahead with the change without the
access issues.
Remember the --
CHAIRPERSON MAC'KIE: Yes.
COMMISSIONER CONSTANTINE: -- the questions before was none of us
minded the zoning. The question was the inappropriate access and
dangerous access. I think we ought to deal with that at this point,
and --
CHAIRPERSON MAC'KIE: And that just solved the problem.
COMMISSIONER CONSTANTINE: If you'd close the public hearing, I'd
make a motion we approve it.
CHAIRPERSON MAC'KIE: Registered speakers?
MR. FERNANDEZ: None.
CHAIRPERSON MAC'KIE: Okay. Close the public hearing.
COMMISSIONER CONSTANTINE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRPERSON MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE: Passes unanimously.
Item #12B2
ORDINANCE 99-57, RE PETITION PUD-99-6, DONALD W. ARNOLD, AICP, OF
WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING G.L. HOMES OF NAPLES
ASSOCIATES, LTD., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO
"PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RIGAS PUD FOR A MAXIMUM
OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET
OF CONVENIENCE COMMERCIAL AND RECREATIONAL USES FOR PROPERTY LOCATED
ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE
EAST OF 1-75 AND ONE MILE WEST OF C.R. 951, CONSISTING OF 232 +/-
ACRES - ADOPTED
Next, 12(b) (2).
COMMISSIONER NORRIS: This is the one Don Arnold is bringing
forward?
CHAIRPERSON MAC'KIE: Yeah, Don.
This is a public hearing, so anybody who wants to be heard on
this matter needs to stand, raise their right hand and be sworn by the
court reporter.
COMMISSIONER CARTER:
COMMISSIONER BERRY:
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
COMMISSIONER NORRIS:
I have to disclose prior knowledge, right?
Yeah.
Right.
I have been contacted by this group.
I have not.
I have.
I have. I've had contact.
COMMISSIONER CONSTANTINE: I have, too.
CHAIRPERSON MAC'KIE: And Commissioner Constantine has.
(The speakers were sworn by the court reporter.)
MS. MURRAY: Susan Murray from --
CHAIRPERSON MAC'KIE: Susan, instead of making a presentation --
MS. MURRAY: Yes.
Page 147
August 3, 1999
CHAIRPERSON MAC'KIE: -- are there members of the board who would
like the presentation or should we just ask questions?
COMMISSIONER BERRY: I'd like to know if there's anybody here
that's dissatisfied with this. Let's do it that way.
CHAIRPERSON MAC'KIE: So, we could go to public speakers.
COMMISSIONER BERRY: Right.
MS. MURRAY: May I make just one statement because --
CHAIRPERSON MAC'KIE: Of course, you may.
MS. MURRAY: -- you need to be aware that there are some changes
to the PUD document that have been made that are not in your packet.
They have been reviewed by staff and we are in general agreement with
them.
I'm going to let Wayne Arnold present those.
CHAIRPERSON MAC'KIE: All right.
MS. MURRAY: If there's something I disagree with, I will speak
up, but overall I think we're in agreement with those changes.
CHAIRPERSON MAC'KIE: Hi, Don.
MR. ARNOLD: Good evening. Wayne Arnold representing G. L. Homes
of Naples Associates.
This petition, of course, is the RIGAS PUD. And in that I'll
jump right to, I think, the issues at hand and those would be some of
the changes that have been made between the initiation of this project
and where we are today.
Most of those stem from our Planning Commission meeting in which
we revised the document to reflect increased buffering language, for
instance, adjacent to the Heritage Greens PUD.
The code requires an amendment of a ten-foot buffer. Because
residents were at the meeting and were concerned about exotic
vegetation that's being removed along with our buffering, we made
some, I think, fairly significant concessions, most of which is that
we committed to building single family product in the area adjacent to
the Heritage Greens project north of the golf club, maintenance center
site, and I'll take you through that on the master plan if you wish.
On the master plan that I'm showing you, obviously --
CHAIRPERSON MAC'KIE: Well, we need to hear this change so that
Ms. Murray can tell us that he's making representations that are
agreed to by staff.
MR. ARNOLD: I'll just try to speak from this microphone then.
On the diagram you can see in black and white a cul-de-sac that
terminates about mid point on our color exhibit.
Everything south of that area is the Heritage Greens maintenance
center and golf course. What we committed to on the record at
Planning Commission was north of that cul-de-sac along our eastern
property line was to put in a 15-foot wide buffer.
We committed to an enhanced landscape material, which is one tree
per 20 feet as opposed to one tree per 30 feet. We committed to
adding a three-foot high hedge at time of planting, and the most
significant of which we committed to build only single family detached
product.
And that is fairly significant, because when you look at what's
adjacent to us in Heritage Greens, it's about a 300-foot wide golf
fairway before you get to lake and structures that are residential
units and the Heritage Greens PUD.
One of the changes that we did make during this process was to
take what was originally designated a preserve tract that Mr. Rattery
from G. L. Homes is pointing to, and we have bubbled that out as a
Page 14 8
August 3, 1999
potential residential pod. We've done that based on our conversations
and meetings with the Army Corps of Engineers and South Florida Water
Management District.
When we initially conceived this project, our indicators were
that this area was likely to be claimed as jurisdictional wetlands by
the Army Corps.
Upon their further review, they came out and said that this is
very marginal quality wetland material we're dealing with and they
were less inclined to give us credit for preserving that area, so
consequently we decided during this process that we needed to preserve
some opportunities for us, and that was to make that a residential pod
as opposed to a dedicated preserve.
We understand that as we go through their permitting process, and
they may change their mind and decide that maybe this is a salvageable
wetland system, we may end up making that a preserve area if that's
what comes out of our permitting.
But for purposes of our PUD, we felt that the appropriate thing
to do was to at least reserve the opportunity there for residential
development.
Again, we carried forward the same commitments we made on the
record at Planning Commission, which was the enhanced buffer, the
enhanced buffer material, and the detached product type.
Again, we're separated by the 17th -- the 16th golf fairway, the
17th golf fairway before you get to residential homesites over in
Heritage Greens.
That's something that we presented to the representatives of U.S.
Homes who, at the Planning Commission, the homeowners that were there,
represented to us that they were turning this issue over to U.S. Home,
the home builder in Heritage Greens.
We then a couple of days after meeting with the Army Corps of
Engineers modified this plan, we met with U.S. Homes, went over those
changes with them. We in turn gave that plan, the revised plan, to
the county staff for their review.
And in turn, as we committed to at the Planning Commission
meeting, we requested that we have an opportunity to go speak to the
homeowners' association at Heritage Greens. And we have attempted to
set that up through the U.S. Home Corporation and, in fact, we had
that meeting last Wednesday evening with the representatives of
Heritage Greens homeowners.
And there were, I believe, by my head count, 31 people in
attendance at which we presented this plan and what our commitments
were for the project.
I understand there is one gentleman here who has some questions
or issues with what we're proposing to do with the buffering; but,
nonetheless, that is what we've -- we've tried to do. We haven't
tried to hide anything. We've merely tried to respond through the
process as we could.
The other issue that I think is outstanding that's of note is
that I think there was some potential, I won't say disagreement, but
lack of clarity on the record relating to our sidewalks.
We had originally requested an exception to the sidewalk language
because our developer typically builds a large pathway system around
its loop road system that we've shown typically about eight feet in
width in lieu of the two five-foot sidewalks that would otherwise be
required on local streets.
Page 149
August 3, 1999
We had asked for an option, and at the Planning Commission
meeting, there was a motion that was approved and there was another
motion, and discussion on that motion, and the language that said "or
two five-foot sidewalks" was taken out.
We're merely asking to put back in the option because we really
envisioned on the primary entry road system, before you get down to
the primary loop surrounding the residential development, that we
would like to reserve the option for doing two five-foot sidewalks as
opposed to one eight-foot wide pathway along that segment of the road,
so we're asking for that modification.
The document that Susan Murray has been presented with does
reflect that change. It does not appear there.
COMMISSIONER NORRIS: Anybody object to him putting in more
sidewalks?
COMMISSIONER BERRY: No.
CHAIRPERSON MAC'KIE: Staff obviously. No objection?
MS. MURRAY: It's not necessarily more sidewalks. It gives them
the option of putting on one side or putting on both sides.
It's my understanding that the Planning Commission specifically
wanted an eight-foot sidewalk on one side.
Staff normally supports sidewalks on two sides of the street.
That's what the Land Development Code requires and, so, that's what I
would as staff support.
COMMISSIONER CARTER: Well, that's what it ought to be.
CHAIRPERSON MAC'KIE: Right.
MR. ARNOLD: And, again, I think it goes without saying we're --
we are cooperating here with the Immokalee Road widening project.
We're giving up 50 feet of right-of-way for that. We've been in
conversations with Karen Bishops, who is trying to organize an effort
to help relocate part of the sidewalk out of the county right-of-way.
We're willing to do that. We've put that on the record.
Again, we're also addressing future Logan Boulevard with a
connection there. We are trying very hard to acquire the additional
right-of-way necessary to get right up to Immokalee Road so that we
can potentially come back to you and ask to build that road segment.
That's something that we're continuing to negotiate with the
property owner.
COMMISSIONER CARTER: Are we to understand on that road access
that you are building a two-lane which you are acquiring of land so
that it could be expanded to four lanes when necessary?
MR. ARNOLD: That's the intent, if we can acquire that property,
and -- and we are attempting very hard to make that acquisition.
CHAIRPERSON MAC'KIE: Than I'd like to just tell the board
briefly for a little heads up, that this Immokalee sidewalk question
is coming back. There was something on our agenda from staff that,
frankly, I think you'd be disappointed in if you had seen what it was.
It just was status quo we approve -- you know, the design meets all
the criteria so we don't have to do anything better just because there
are schools out there.
Fortunately, the private sector has taken the bull by the horns
and we're going to have something more specific to propose. So, that
will be coming back, but I appreciate that this developer has agreed
to participate in that matter.
MR. ARNOLD: Those were the two outstanding issues of concern.
Again, I would like to go ahead and reserve an opportunity to respond
to maybe the public comment if there are additional questions.
Page 150
August 3, 1999
Kevin Rattery, the vice-president with of G. L. Homes is here and
available for comment or question if you --
CHAIRPERSON MAC'KIE: Are there speakers registered, Mr. --
MR. FERNANDEZ: Yes, Madam Chairwoman. There are two; Kris Wells
and Pamela S. Durrenberger.
CHAIRPERSON MAC'KIE: If you'd come on up, we'd appreciate it.
You get the patience award.
MR. WELLS: Thank you, Madam Chairwoman and commissioners for the
opportunity to watch government at work.
THE COURT REPORTER: Sir, would you identify yourself for the
record, please?)
MR. WELLS: I'm sorry. My name is Kris Wells. I'm a resident of
Heritage Greens, and I wanted to voice some concerns.
I know that the commission has spent a fair amount of time on
this and certainly G. L. has done good work in making some
accommodations to concerns that were voiced at the last meeting that
resulted in the continuance.
The concern I wanted to articulate is the documents that are in
the agenda and reflected outside, as G. L. has just presented, show
that the Planning Commission and the staff was presented initially
with a preserve area that is reflected here, and upon staffing and
working with the Corps and so forth, elected to change that and
provide for single family development in that area.
That change, however, was not communicated to the residents
until, as was pointed out, Wednesday of last week. I should
anecdotally note that the, quote, Homeowners Association of Heritage
Greens, which is most dramatically impacted by this development is a
-- an amorphous being in that the development is still going on and
there's onesees and twosees of folks that are active and attentive.
Unfortunately they had gotten some -- some word and indication
and were able to elevate the community's concerns to you, folks.
But, specifically, now, after the -- the last Wednesday meeting
in which G. L. Homes came and briefed what they're going to do about
buffers and so forth, they also briefed this change. But what I'm
suggesting is that Wednesday of last week until now has not afforded
the homeowners any opportunity to kind of solve this mystery, and I
assure you it is -- it is a mystery with respect to the major players
that include U.S. Homes, Ronto group, RIGAS, the Corps of Engineers.
CHAIRPERSON MAC'KIE: What's the mystery; about whether or not
that should be a residential pod?
MR. WELLS: Yes. Yes. Its -- its content as a -- as a preserve
device, a -- what is currently a designated preserve. The white notch
you see there is designated by the Army Corps as preserve, and the
original presentation of Planning and G. L. was to leave that
residential area as preserve, too, inasmuch as they don't own the
property north of that.
That changed as of Wednesday of last week. And the homeowners,
again, being an amorphous group, and trying to get ahold of folks and
trying to pursue the major players, have simply not had an opportunity
to really get the information they need on that, recognizing that it's
G. L. has pointed out the Corps of Engineers could well reverse their
initial assessment and -- and change that to preserve anyway.
COMMISSIONER CONSTANTINE: Can I ask a question?
CHAIRPERSON MAC'KIE: And if they do, they will have to.
MR. WELLS: Right.
Page 151
August 3, 1999
COMMISSIONER CONSTANTINE: How big is that notch? How many acres
is that?
MR. WELLS: I believe it would be five acres.
MR. ARNOLD: That's correct.
MR. WELLS: 330 by 660.
CHAIRPERSON MAC'KIE: Do you understand that if in fact the Corps
finds that there's some value to that from an environmental
perspective, that we can color it yellow all we want to, but the Corps
will color it green?
MR. WELLS: Yes. Yes, I do understand that, but the concern is
now as they proceed forward, that now is the time for the public to
have a public hearing, and this is the opportunity to do that, and to
get our public ducks in a row which, admittedly, we just simply have
not had the opportunity to do.
It was news to us Wednesday that the -- the area will now be
developed as single family homes. And we would like to pursue that.
As I said, there are issues that were brought to you before involving
buffers and so forth are not my concern at the moment.
But I would obviously like to get active with the community
members so that they are afforded that opportunity before this PUD is
approved, to look at -- into the -- the nature of that --
COMMISSIONER BERRY: How close --
MR. WELLS: -- potential preserve area.
COMMISSIONER BERRY: Excuse me, sir.
How close are the nearest homes to that from --
MR. WELLS: Well, in -- in part, the -- the agenda leaves some
amount of confusion in my mind. The agenda said when the PUD was
revised the last time, it said that the PUD would be revised to
provide single family dwellings along there as they pointed out and
five feet more to provide a landscaped buffer of 15 foot wide with
trees planted on 20 feet. That's on the G. L. side. COMMISSIONER NORRIS: Yes.
MR. WELLS: Then there's a golf course.
COMMISSIONER NORRIS: Two holes --
MR. WELLS: And then there is U.S. Homes.
COMMISSIONER NORRIS: Two holes wide at that point.
CHAIRPERSON MAC'KIE: Yeah.
MR. WELLS: Yeah. There's the 17th and 18th fairways.
COMMISSIONER NORRIS: 16 and 17.
MR. WELLS: 16 and 17. You're correct, sir. I'm sorry. And a
little bit of water in there.
In the minutes it says it's about 300 feet, but it also said in
the minutes that there will be -- it will include a 25-foot landscaped
buffer plus a golf course of approximately 275 feet.
COMMISSIONER BERRY:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
There's no homes that are directly
No.
-- adjacent --
No.
-- to that.
It's on a golf hole.
MR. WELLS: Yeah. The homes are --
COMMISSIONER NORRIS: Two wide.
CHAIRPERSON MAC'KIE: Right. I don't understand really what the
issue might be.
COMMISSIONER BERRY: So, I don't understand what the issue is
either.
Page 152
August 3, 1999
MR. WELLS: The issue is it was presented as preserve that was
their original plan and they changed the plan and now they'll have
homes there. And that's --
COMMISSIONER NORRIS: Yes.
COMMISSIONER BERRY: 23 of them.
MR. WELLS: Pardon me?
COMMISSIONER BERRY: 23 of them.
MR. WELLS: Twenty-three on that cul-de-sac there. But the
change from -- well, it was presented as --
CHAIRPERSON MAC'KIE: You didn't have a lot of time to get to
look at that --
MR. WELLS: Exactly. We're --
CHAIRPERSON MAC'KIE: -- and your association members have not
had a lot of time to get to look at that, and -- MR. WELLS: That's correct.
CHAIRPERSON MAC'KIE: -- and I just have to respectfully say that
I think if they did, and they were reasonable, they would say those 23
homes on a golf hole aren't going to hurt anybody. So, I hate to hold
these guys up because of that change. That was outside of their
control, because it was an Army Corps change.
MR. WELLS: No, no. It wasn't an Army Corps change. The Army
Corps had designated this portion as wetlands or as preserve, and in
their presentation in the documents that are outside, they had
indicated they would retain this as preserve, and then they elected
not to following discussions with the Army Corps.
CHAIRPERSON MAC'KIE: Right. That's -- that's what I meant.
MR. WELLS: Okay.
CHAIRPERSON MAC'KIE: Okay. Other questions for this speaker?
COMMISSIONER CARTER: I understand where he is. They want to
keep that as a preserve until they got enough feedback from their
homeowners group and I would present to the petitioner that what would
prohibit keeping that as a preserve until that feedback has gotten
from your group, and there's no objection to it, but you don't care if
it's 23 homes in there?
CHAIRPERSON MAC'KIE: Mr. Arnold.
MR. ARNOLD: May I address that?.
CHAIRPERSON MAC'KIE: Yes.
MR. ARNOLD: One of the difficulties in approaching it in that
method, Commissioner Carter, is that we have to prepare Army Corps of
Engineer permits to show maximum impact.
We can't easily go back through a 12-month process and modify
that subsequent to determining if the Army Corps is going to claim
that as jurisdiction.
That needs to be reflected as part of our original petition with
them, and we need to reflect the maximum amount of impact that we
potentially can as opposed to coming back essentially a year later and
doing that.
We have not added additional dwelling units to reflect this
additional five acres of development pod, but we have clearly -- I
just scaled it off the aerial. We're at that location, about 420 feet
from the nearest resident.
Now, we have single family developments -- single family
developments with a ten-foot rear yard and ten-foot rear yard. We are
talking a distance exceeding a football field in length to put single
family homes against golf and then single family homes.
Page 153
August 3, 1999
Even if we had shown that as preserve, I think we're going far
and beyond where we should be. And I just tried to put this in
context. It was at our initiation we even met with the homeowners
association.
When we left the Planning Commission meeting, one gentleman
representing and who spoke for the Heritage Greens property owners
said, you know, contact me.
We contacted him. He said, we've turned the entire issue to U.S.
Homes. Please deal with them. Whatever they are happy with, we're
happy with. So, that's how we proceeded.
It was only at Mr. Rattery's initiation that we finally got a
meeting with the homeowners. And, you know, I'm sorry if there's not
appropriate notice, but from my perspective, the concessions that
we've made are far and above what even the representatives of U.S.
Homes have said to us, which was, we're not taking advantage of
potential golf course views that we have because it's an appropriate
location for multifamily to sell units that get a golf course view.
We're giving them the lowest level of impact that we can possibly
do. And like we said, we're not certain that the Army Corps would
even allow us to impact those wetlands.
CHAIRPERSON MAC'KIE: Okay. In deference to our -- to the time,
I'm going to call for the next speaker.
COMMISSIONER NORRIS: While the next speaker is coming up, I
understand the concern of the homeowners that the RIGAS PUD is going
to have the biggest impact on the Heritage Greens PUD and the
homeowners want a voice.
But on the other side of that very same coin, you've got to
understand that Heritage Greens has the biggest impact on the RIGAS
PUD and those homeowners will never have the opportunity to comment on
Heritage Greens PUD.
CHAIRPERSON MAC'KIE: Yes, ma'am.
MR. FERNANDEZ: Pamela Durrenberger.
COMMISSIONER NORRIS: Just to be fair.
CHAIRPERSON MAC'KIE: Were you -- you weren't sworn?
MR. FERNANDEZ: I don't think she's sworn.
CHAIRPERSON MAC'KIE: You were not sworn, madam?
(The court reporter swore in the witness.)
CHAIRPERSON MAC'KIE: And you could state your name for the
record, please.
MS. DURRENBERGER: Pamela Sue Durrenberger.
I appreciate what you're all saying, but the main concern is
would you purchase a home, being told that behind you was a preserve,
nobody else could build there, so you think, okay, you're safe. And
then all of a sudden, everything changes and now you're going to be
looking into someone's backyard?
It doesn't matter that there's a 300 -- three yard distance. It
does not matter. I don't want to see somebody behind me. We
purchased that home because of that reason. We just moved from Isles
of Capri, and across of us was mangroves. They could not build there.
So, now we're facing this. It does not -- COMMISSIONER CONSTANTINE: Can I ask you who said that? You said
when you bought, someone told you --
MS. DURRENBERGER: Our sales representative told us that it --
it's all hearsay. It's going back. Here's your preserve.
If they were to build, you're going to have a 50-foot buffer.
And I have calls in to many people to find out what we can do.
Page 154
August 3, 1999
Ail we're asking, someone to halt the PUD agreement, a PUD
approval, until we can regroup and find out.
My husband and I, we just found out about it last week. What --
you know, I have two young children. I don't want them looking out at
somebody else. I already have an ordeal down the street. I don't
need that.
All we're asking is to halt it until we can regroup and find out
what we as the homeowners association can do against this.
COMMISSIONER NORRIS: Where do you live from this?
MS. DURRENBERGER: I live on the 17th fairway.
COMMISSIONER NORRIS: Is that -- isn't that apartments or is that
single family?
MS. DURRENBERGER: Single family. No.
COMMISSIONER NORRIS: Single family. Do you have any single
family near you?
MS. DURRENBERGER: They're on both sides of me.
COMMISSIONER NORRIS: But you don't want somebody on a --
MS. DURRENBERGER: I don't want to look in someone's backyard.
That was the whole reason we purchased it.
COMMISSIONER NORRIS: There's a buffer between there. You can't
see into the back yard actually.
MS. DURRENBERGER: You're going to be able to see and hear people
without a buffer zone. Yes, you will. I've been there, done that.
COMMISSIONER NORRIS: Okay.
MS. DURRENBERGER: You will.
CHAIRPERSON MAC'KIE: Thank you. Appreciate your comments.
Are there other speakers?
MR. FERNANDEZ: No other speakers.
CHAIRPERSON MAC'KIE: If not, we'll close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
CHAIRPERSON MAC'KIE: There's a motion. Is there a second?
COMMISSIONER BERRY: I'll second it.
CHAIRPERSON MAC'KIE: Motion and a second. Discussion?
COMMISSIONER CONSTANTINE: Just discussion.
I understand their frustration, particularly if they're told --
and I understand the petitioner isn't responsible for what his
salesperson told you and where that goes, but I think the request is
not an unreasonable one, and I'm going to support the motion.
I also understand the frustration in that you moved in expecting
one thing. Even if it's 300 yards, it's not unreasonable to actually
expect it to stay that way if somebody assures you that it's going to.
So, we're -- we're limited on a number of legal issues on what we
can do and can't do and why, and so I will support it, because I don't
think it's unreasonable according to all our growth management plan
criteria, but I just -- I don't want you to think that we're not
paying any attention. I understand the frustration on that.
CHAIRPERSON MAC'KIE: And before I call the question, I just want
to put on the record that the -- the order from the state, least the
newspaper or someone else get confused about how could we possibly be
approving 725 additional units, this petition was filed in March and
the state order says that anything that was in by June 22nd is not
subject to the current rules.
COMMISSIONER CONSTANTINE: This is in the urban areas?
COMMISSIONER NORRIS: This is in the urban area.
COMMISSIONER CARTER: Urban area also.
CHAIRPERSON MAC'KIE: So, it doesn't even matter.
Page 155
August 3, 1999
COMMISSIONER NORRIS: It doesn't matter.
COMMISSIONER BERRY: That's right.
CHAIRPERSON MAC'KIE: Okay. Sorry. You guys were here for that
and I didn't have to hear it.
COMMISSIONER CARTER: Well, it's good to clarify that point.
It's very difficult for the public to understand that when we do this
that we're doing it under our current growth management plan. It is
an urban area and, legally, we have -- well, legally, if everything is
in place, we have to approve it.
CHAIRPERSON MAC'KIE: Okay. Motion and a second.
Is there any further discussion? All in favor, please say aye.
COMMISSIONER BERRY: Aye.
CHAIRPERSON MAC'KIE Aye.
COMMISSIONER CONSTANTINE: Aye.
COMMISSIONER NORRIS: Aye.
CHAIRPERSON MAC'KIE: Opposed?
COMMISSIONER CARTER: Aye.
CHAIRPERSON MAC'KIE: Passes four to one.
Item #12C2
ORDINANCE 99-58, AMENDINO THE RENTAL REGISTRATION SECTION OF THE
COLLIER COUNTY HOUSING AUTHORITY ORDINANCE TO REFLECT ADMINISTRATIVE
IMPROVEMENTS TO THE PROGRAM - ADOPTED
Okay. The next item has to do with the rental registration
ordinance. Is this --
COMMISSIONER CONSTANTINE: Close the public hearing?
CHAIRPERSON MAC'KIE: -- something we need to have a big
discussion?
Are there any registered speakers?
MR. FERNANDEZ: None.
CHAIRPERSON MAC'KIE: If not, does anything have to go on the
record?
Close the public hearing.
COMMISSIONER CONSTANTINE: Motion to approve the item.
CHAIRPERSON MAC'KIE:
COMMISSIONER NORRIS:
CHAIRPERSON MAC'KIE:
Opposed?
(No response.)
CHAIRPERSON MAC'KIE:
Could I have a second?
Second.
Ail in flavor, say aye.
Passes unanimously.
Item #13A2
RESOLUTION 99-334, RE PETITION PR-99-1, EMILIO J. ROUBAU, P.E. OF RWA
INC., REPRESENTING HIDEOUT GOLF CLUB, LTD., REQUESTING RESERVATION OF
LAND FOR OFF-STREET PARKING, HAVING AN EQUIVALENT CAPACITY OF 43
PARKING SPACES FOR A PRIVATE GOLF CLUB, LOCATED ON BRANTLE¥ BOULEVARD
IN SECTION 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY
- ADOPTED
13(a) (2), and this is the Hideout Golf Club. The wet -- the hand
in the air is telling me that I need to swear people.
Anyone who wants to be heard on this item, please stand and raise
your right hand and be sworn by the court reporter.
Page 156
August 3, 1999
none.
(The speakers were sworn by the court reporter.)
CHAIRPERSON MAC'KIE: Any disclosure from board members?
I have
COMMISSIONER NORRIS: No.
COMMISSIONER CARTER: No.
COMMISSIONER CONSTANTINE: No.
COMMISSIONER BERRY: Not that I remember.
MS. MURRAY: Susan Murray from the current planning staff.
This is a parking reservation petition. You may not be familiar
with it because we don't do too many. If you would like to me explain
it or the process, I'd be happy to --
CHAIRPERSON MAC'KIE: I understood it from the --
MS. MURRAY: Okay. Otherwise, I just want to get on the record
that the original petition, the site is required to build 113 parking
spaces. The original petition was to build 70 and reserve 43.
We met at the Planning Commission and it was the Planning
Commission's recommendation that 88 spaces be built and 25 be reserved
for which the petitioner agreed and revised the plan, which you see on
the overhead, and which is part of your packet, so this is nothing
new. I just wanted to get that on the record.
CHAIRPERSON MAC'KIE:
MR. FERNANDEZ: None.
CHAIRPERSON MAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRPERSON MAC'KIE:
Opposed.
(No response.)
CHAIRPERSON MAC'KIE:
And just a --
COMMISSIONER CONSTANTINE:
Are there registered speakers on this item?
Close the public hearing.
Motion to approve.
Second it.
All in favor, please say aye.
It's unanimous.
And a tired 5/0 vote.
Page 157
RESOLUTION NO. 99- 334
RELATING TO PETITION NUMBER
PR-99-01, FOR A RESERVATION OF
OFF-STREET PARKING SPACES ON
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
AU6- 3 1999
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 reservations of off-street parking
spaces pursuant to Section 2.3.14 of the Code; 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 reservation of 25 off-street parking spaces
to be reserved for future use as shown on the attached plot plan-, Exhibit "A", in order to meet
the requirements of the Restrictive Covenant and Parking Reservation Agreement between
Maurice Kent as President of Hideout Golf Club, Inc., the general partner of Hideout Golf
Club, Ltd. and Collier County, by and through its Board of County 'Commissioners, for
property hereinafter described, and has found as a matter of fact that the granting of said
reserved parking will not have any detrimental effect to the public; 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 PR-99-01, filed by Emilio J. Robau, P.E. 6f RWA Inc., representing
Hideout Golf Club, Ltd., with respect to the property hereinafter described in the attached
Exhibit "B" be and the same hereby is approved for a reservation of 25 off-street parking
spaces from the required 113 parking spaces as shown on the attached plot plan, Exhibit "A"
to be reserved for future use as a parking area in conjunction with the golf course use located
in the Rural Agricultural Zoning District wherein said property is located, subject to the
following conditions:
Exhibit "C"
AU6- 3 1999
BE IT RESOLVED that this Resolution relating to Petition Number PR-99-01 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~..'3d~ day of ~ ,1999.
ATTEgT.'. t:
-t.-. . ........ Clerk
',Ap~rPVea~.~*o~ ~d Legal Sufficiency:
Ma~o~ M. Student
Assistant County Attorney
g/admin/sue/PR-99-01/RESOLUTION
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~A~L~, S. ~LAC'KIE, (~Tman
-2-
Exhibit A ~R-99-1 AU6- 3 ]999
~ GOLF COURSE
f~ ~-~ ~-, ~--~--~~~~t CART BARN
COP-4SFfRUCI MINIMUM 88 PARKING
L
SPACES AND RESERVE AREA FOR GOLF COURSE
25 ~DDIhON~L SPACES IF NEEDED
,i TA
-~- ...... HIDEOUT GOLF CLUB LTD
CI~ ENGINEE~ Development & 1" = 60' ' '
~ ~ ~En~ronmen~Consul~ts ~.~.~:__. T,,~[: HIDEOUT GOLF CLUB
~"~"~'~.~,~,~ .... PARKING RESERVATION EXHIBIT
,,..,.,,:;. 98-0046 .,,. 1 ~ 1 .,,.,,.: 80046X0
T~'P~CAL T.~RO,~G~C, UT PI2OPEPT?
E
Exhibit B
PR-99-1
DESCRIPTION
(AS PREPARED BY THIS FIRM)
AU6- 3 1999
TRACTS 25. 29. 30. 32. 35. AND 34. THE SUBDIVISION OF SECTION 24, T.495.,
R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE 34, COLLIER
COUNTY' FLORIDA, PUBLIC RECORDS,
AND ALSO:
PART OF TRACT 31, THE SUBDIVISION OF SECTION 24, T.49S., R.26.E. INTO 16
ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE .34. COLLIER COUNTY FLORIDA,
PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECIION 24, TOWNSHIP 49 SOUTH. RANGE
26 EAST, COLLIER COUNTY FLORIDA AN0 THE SO~IT~IWEST CORNER OF TRACT 51. THE
SUBDIVISION OF SECTION 24, T,49S., R.26E. INTO 16 ACRE TRACTS AS RECORDED IN
PLAT BOOK 4, PAGE .34, COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE
N.OO'59'50'W. ALONG THE WEST LINE OF SAID SECTION ANO THE WEST LINE OF SAID
SUBDIVISION FOR 625.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N.00'59'50'W. ALONG SAID WEST LINE FOR 719.07 FEET TO THE 'NORTHWEST CORNER
OF SAID TRACT 3!; THENCE N.8B'48'45"E. ALONG THE NORTH LINE OF SAID TRACT
31 FOR 527.89 FEET TO THE NORTHEAST CORNER OF SAID TRACT 31; THENCE
· S.O0'5B'45'W. ALONG THE COMMON LINE OF TRACT :31 AN[} TRACT 30 FOR 719.59
~'E-ET: THENCE S.88'52'08"W. FOR 527.66 FEm~T TO THE POINT OF BEGINNING
AND ALSO.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24 AND THE NORTHWEST CORNER
OF SECTION 25, TOWNSHIP 49 SOUTH. RANGE 26 EAST: THENCE S.00'53'50"E. ALONG
THE WEST LINE OF SAID SECTION 25 FOR 1008.00 FEET TO THE POII~T OF
BEGINNING; THENCE CONTINUE S.00'53'50"E. ALONG SAID WEST LINE FOR 1008.00
mEET; THENCE N 89'07'24'E. FOR 1980.93 FEET: THENCE N.00'58'$1'W. FOR
676.04 FE.~.'; THENCE N.59'OO'22"E. FOR 659.98 FEET TO THE EAST LINE OF THE
NORTHWEST ONE QUARTER (NWl/4) OF SAID SECTION 25; THENCE N.01'OO'30"E,
ALONG SAID EAST LINE FOR 1354 79 FEET TO THE NORTH LINE OF SAID SECTION 25;
THENCE N.8B'46'18"W. ALONG SAID NORTH LINE FOR 1318.67 FEET: THENCE
S.00'57'!1'E fOR 1012.04 FEET; THENCE S.BB'56'51%V. FOR 1319.64 FEET TO
THE POINT OF BEGINNING
NOTES:
SURVEY ~ASED ON DESCRIPTIONS AS RECORDED IN THE PUBLIC RECORDS OF COLUER
COUN/Y AS PROVIDED BY THE CLIENT, THE RECORD PLAT OF GOLDEN GA1~. ESTATES.
UNITS 15. 27. 28, 29 AND 195. ALL RECORDED IN THE PUBLIC RECOP. DS OF-COLUER
COUNTY, FLORfDA. A SUR%~Y PREPARED BY W. LAMAR EVERS, INC., FILl[ NO. C-BB-014-1.
DATED 1-7-87 AND EXISTING MONUMENTATION.
BEARINGS ARE BASED ON THE SOUTH LINE 0!:' SECTION [:4. TOWNSHIP 49 SOUTH, RANGE
26 EAS1. AS BEARING S.88'46'18'W.
THIS PLAT PREPARED AS A BOUNDARY SURVEY.
THIS PARCEL UES ~N FLOOD ZONE "×", THIS IN;ORMATiON WAS TAKEN FROM fEDERAL
INSURANCE RATE MAP 120067 0425 D, DATED 6-3-86.
INTERIOR IMPROVEMENTS WERE NOT LOCATED AT THIS TIME PF.R P. EOUES-r OF THE CLIENT.
AU6- 3 1999
Exhibit C PR-99-1
The developer is subject to all of the requirements of Section 2.3.14. of the Land
Development Code, Off-street parking reservation, as amended, and all other
applicable sections of the Land Development Code.
A roadway surface condition survey of the last (southerly) mile of 23ra St. S.W., shall
be submitted to the Collier County Transportation Services Department for review
and approval prior to final site plan/construction plan approval. Following
construction of the golf course, the clubhouse, and the maintenance facility, the
developer shall submit another survey. If, and to the extent that, the survey discloses
degradation to the last mile of23rd St. S.W. attributable to the construction of the golf
course, the clubhouse, and the maintenance facility, the developer shall restore that
portion of the street to its pre-construction condition. Prior to the issuance of building
permits for the project, the petitioner shall provide reasonable financial assurances, in
any of the forms authorized for subdivision improvement guarantees, that funding
will be available to make the restoration if shown as necessary by the survey.
RESTRICTIVE COVENANT
AND PARKING RESERVATION
AGREEMENT
AUG- 3 1999
THIS AGREEMENT is made and entered into this~A,c day of~, 1999, by and between
Maurice D. Kent, President of Hideout Golf Club, Inc., the general partner of Hideout Golf Club
Ltd., a Florida Limited Partnership (the "Petitioner") and the Collier County Board of County
Commissioners (the "Board").
RECITALS
WHEREAS, Petitioner is the owner of property located on Brantley Boulevard in Sections
24 and 25, Township 49 South, Range 26 East (hereinafter the "subject property"), more
particularly described by Exhibit 1 attached hereto and incorporated by reference herein; and
WHEREAS, the Petitioner will construct an 18 hole golf course driving range, pro-shop,
clubhouse and maintenance building on the subject property; and
WHEREAS, the Petitioner is required to provide adequate parking in accordance with the
requirements of Division 2.3 of the Collier County Land Development Code; and
WHEREAS, the Petitioner maintains that the parking spaces required for the subject
property are excessive; and
WHEREAS, pursuant to Section 2.3.14 of the Land Development Code, the Petitioner is
requesting a reservation of 25 parking spaces from the required 113 parking spaces.
NOW, THEREFORE, in consideration thereof, the petitioner and owner of the sharing
facilities agree as follows:
1. That the above recitals are true and correct and incorporated by reference.
2. That the Petitioner shall reserve an area on the subject property sufficient to
accommodate 25 parking spaces, drive aisles, landscaping and other additional areas sufficient to
meet the requirements for off-street parking areas pursuant to the Division 2.3 of the Land
Development Code for the Petitioner's exclusive use as more fully shown on the site plan attached
hereto and incorporated by reference herein as Exhibit 2.
3. That the reserved parking area shall never be encroached upon, used, sold, leased or
conveyed for any purpose except in conjunction with the golf course and associated uses which said
reserved parking area serves so long as said number of reserved parking spaces are required by the
Land Development Code.
4. That the Board, by and through its Current Planning Staff, shall monitor the activities
on the subject property and provide written notification to the Petitioner, or its successor or assigns,
in the event it is determined that insufficient parking exists on site and that the provision of
additional parking spaces from the reserved parking area are necessary to provide sufficient parking.
AUO- 3 1999
'5. That in the event additional parking spaces are required from the reserved parking
area, the Petitioner shall commence construction, at its expense, of said additional parking spaces
deemed necessary by Collier County.
6. That the person executing this Agreement on behalf of the Petitioner has full
authority to do so.
7. To bear the expense of recording this Agreement in the Official Records of Collier
County which shall bind the property owner and its successors and assigns.
8. To abide by all the conditions and stipulations described in the Agreement Sheet
noted as Exhibit 3 and by the Site Plan noted as Exhibit 2 attached hereto and incorporated by
reference herein.
9. That all of the requirements for a Board of Zoning Appeals' determination for
reserved parking referenced in Petition PR-99-01 have been met and approved by Staff.
That this Agreement shall remain in full force and effect unless and until terminated
10.
by the Board.
11.
That this Agreement shall be voided by the Board if the reserved parking area is
converted to a usable parking area or if the reserved parking area is no longer required.
12. That upon failure to conform to the provisions of the Agreement or the attached
Agreement Sheet. This Restrictive Covenant and Parking Reservation Agreement shall become
void and of no effect and the Petitioner shall be required to conform to all regulations pertaining to
the subject site as required by the Collier County Land Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year
fi st: ab'ove,.written.
Attest: '
DWIGHT E. BROCK, Clerk
Attest as to Chairm~'$
sl at e oai$,
Witnesses:
ouNTY COMMIS
sio
PETITIONER
Maurice D. Kent, President
Hideout Golf Club, Inc., General
Partner of Hideout Golf Club, Ltd.
Approved as to form and
legal sufficiency:
Marjort~ M. Student
Assistant County Attorney
-2-
AU6- 3 1999
STATE OF Florida )
COUNTY OF Collier )
The foregoing
Agreement was acknowledged before me by Petitioner,
Land Reservation and Off-Site Parking
199
SWORN TO AND SUBSCRIBED before me this
day of ,
Notary Public
Printed, Typed or Stamped Name
Commission Number
KENT PARKING RESERVATION AGREEMENT/md/G:SUE
TYPICAL THROUGHOUT PROPERTY
RIGHT OF WAY
~ONCRETE
Exhibit ~ PR-99-1
E DESCRIPTION
<As PREP RE TH,S
AU6- 3 1999
RestrictiVe Covenant and Parking Agreement
TRACTS 28, 29, 30. 32, 33 AND 34, THE SUBDIVISION OF SECTION 24, T.49S.,
R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN' PLAT BOOK 4. PAGE :34, COLLIER
COUNTY FLORIDA, PUBLIC RECORDS.
AND ALSO:
PART OF TRACT 31, THE SUBDMSION OF SECTION 24. T.495,, R.26.E. INTO 16
ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE 54, COLLIER COUNTY- FLORIDA.
PUBLIC RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST. CORNER OF SECIION 24. TOWNSHIp 49 SOUTH. RANGE
26 EAST, COLLIER COUNTY FLORIDA AND THE SOU~I~IW~ST CORNER OF TRACT 31, THE
SUBDIW$1ON OF SECTION 24, T.49S., R.26E. INTO 16 ACRE TRACTS AS RECORDED IN
PLAT BOOK 4, PAGE 34, COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE
N.0fT59'50"W: ALONG THE WEST UNE OF SAID SECTION AND THE WEST LINE OF SAID
SUBDIVISION FOR 625.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N.00'59'50"W. ALONG ~AID WEST LINE FOR 719.07 FEET TO THE ·NORTHWEST CORNER
OF SAID TRACT 3!; THENCE N.88'48'45"E. ALONG THE NORTH LINE OF SAID TRACT
31 FOR 527.89 FEET TO THE NORTHEAST CORNER OF SAID TRACT .31; THENCE
500'58'45"W. ALONG THE COMMON LINE OF TRACT 31 AND TRACT 30 FOR 719.59
IcEET; THENCE S.BB'52'08"W. FOR 527.66 FEET TO THE POINT OF BEGINNING
AND ALSO,
COMMENCING AT THE SOUTHWEST CORNER Of SECTION 24 AND THE NORTHWEST CORNER
OF SECTION 25. TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE $.00'53'50"E. ALONG
THE WEST LINE 0~- SAID SECTION 25 FOR 1008.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S.OCT53'50"E. ALONG SAID WEST LINE FOR 1008.00
~EET; THENCE N.89'07'24"E. FOR 1950.93 FEET; THENCE N.00'58'51'W. FOR
676.04 FEE~,; THENCE N.§9'0O'22"E. FOR 659.98 FEET TO THE EAST LINE OF THE
NORTHWEST ONE: QUARTER (NWl/4) OF SAID SECTION 25'. THENCE N.01'OO'30"E.
ALONG SAID EAST LINE FOR 1,354.79 FEET TO THE NORTH UNE OF ~AID SECTION 25;
THENCE N.88'46'18"W. ALONG SAiD NORTH LINE FOR 1318.67 FEET: THENCE
500'57't I"E FOR 1012.04 FEET; THENCE S.88'56'51'~V. FOR 1319.64. FEET TO
THE POINT OF BEGINNING
NOTES:
SURVEY E~ASED ON DESCRIPTIONS AS RECORDED IN THE PUBLIC RECORDS OF COLLIER
COUNTY AS PROVIDED BY THE CLIENT, THE RECORD PLAT OF GOLDEN GATE ESTA~'ES,
UNITS 15. 27. 28, 29 AND 195, ALL RECORDED IN THE PUBUC RECORDS OF-COLLIER
COUNTY, FLORIDA, A SURVEY PREPARED BY W. LAI~AR EVERS, INC., FILE NO. C-B6-014-1,
DATED I-7-87 AND EXISTING MONUMENTATION.
BEARINGS' ARE BASED ON THE SOUTH LINE OF SECTION 24. TOWNSHIP 49 SOUTH. RANGE
26 EAS]. AS BEARING S.88'46'18"W.
THIS PLAT PREPARED'A~ A BOUNDARY SURVEY.
THIS PARCEL UES ~N FLOOD ZONE "X". TH~S INFORMATION WAS TAI~EN FROM FEDERAL
INSURANCE RATE MAP 120067 0425 D, DATED 6-3-86.
INTERIOR IMPROVEMENTS WERE NOT LOCATED AT THIS TIME PER REOUEST OF THE CLIENT.
Exhibit 2 PR-99-1
AU6- 3 1999
Restric~tve Covenant and Parking Agreement
~ GOLF COURSE
PROPERTY--X
II
I
CONSTRUCT MINIMUM 88 PARKING L .................
SPACES AND RESERVE AREA FOR GOLF COURSE
25 ADDITIONAL SPACES IF NEEDED
c:rr CLIENT:
~~~,c MAY, 1999 HIDEOUT GOLF CLUB LTD
1" = 6O'
Oeve~e~&~~m~ E~ ~ ' r ' I~TITLE: HIDEOUT GOLF CLUB
~ ~ ~ ~ ~ ~ E~ronmen~l ~u~ S.M.P.
~~0~,~o ~"~"~'.~.PARKING RESERVATION EXHIBIT
~~:~~ .... ~:'~' ~8-004~ :,~ ~ ~ ~ 8004~X0
AU$- 3 1,999
Ex~b~3 PR-99-1 Restrictive Covenant and Parking Agreemer
The developer is subject to all of the requirements of Section 2.3.14. of the Land
Development Code, Off-street parking reservation, as amended, and all other
applicable sections of the Land Development Code.
A roadway surface condition survey of the last (southerly) mile of 23ra St. S.W., shall
be submitted to the Collier County Transportation Services Department for review
and approval prior to final site plan/construction plan approval. Following
construction of the golf course, the clubhouse, and the maintenance facility, the
developer shall submit another aurvey. If, and to the extent that, the survey discloses
degradation to the last mile of 23rd St. S.W. attributable to the construction of the golf
course, the clubhouse, and the maintenance facility, the developer shall restore that
portion of the street to its pre-construction condition. Prior to the issuance of building
permits for the project, the petitioner shall provide reasonable financial assurances, in
any of the forms authorized for subdivision improvement guarantees, that funding
will be available to make the restoration if shown as necessary by the survey.
August 3, 1999
Item #13A3
RESOLUTION 99-335, RE PETITION V-99-10, ANTHONY P. PIRES, JR., OF
WOODWARD, PIRES & LOMBARDO, P.A., REPRESENTING TINA M. OSCEOLA,
REQUESTING AN AFTER-THE-FACT VARIANCE OF 13.6 FEET FROM THE REQUIRED
FRONT YARD SETBACK OF 30 FEET TO 16.4 FEET FOR PROPERTY LOCATED AT
4447 29Ta AVENUE SW, FURTHER DESCRIBED AS LOT 18, BLOCK 101, GOLDEN
GATE UNIT 3 - ADOPTED SUBJECT TO ADDITIONAL LANDSCAPING WITH A WRAP
AROUND EFFECT
CHAIRPERSON MAC'KIE: Just to wrap up the day, 13(a) (3), is the
Osceola variance.
Everyone wishing to be heard on this matter, please stand and
raise your right hand and be sworn by the court reporter.
(The court reporter swore in the speakers.)
CHAIRPERSON MAC'KIE: I've met with the applicant.
COMMISSIONER NORRIS: I have as well.
COMMISSIONER CARTER: I have as well.
COMMISSIONER BERRY: I have as well.
COMMISSIONER CONSTANTINE: I have as well.
CHAIRPERSON MAC'KIE: Do we need a staff report on this or are
there questions for --
COMMISSIONER CONSTANTINE: Yeah, I'm going to have some
questions. I'd like to hear a Readers Digest version of their report.
MR. REISCHL: Fred Reischl, Planning Services.
This request basically is a corner lot in Golden Gate City,
30-foot front yard required on the two street sides.
Due to an error by the builder, which was agreed to by the
Building Department upon submission of the building permit; in other
words, both sides made the error, the clause in the Land Development
Code that said the long street side would get a break for 50 percent
of the setback. In other words, 15 feet, was agreed to by both the
builder and the Building Department.
It went through until the spot survey was submitted, at which
time the Building Department caught the error and we're here.
COMMISSIONER CONSTANTINE: What's the purpose of the spot survey?
MR. REISCHL: To prevent construction from progressing beyond the
slab stage.
COMMISSIONER CONSTANTINE: And I guess my concern here is we've
been pretty consistent if these type things are made as far as
enforcing them. Obviously, if the county played a role in making the
error, that's a concern.
What's bothered me, and I'd like to hear from Bob on this and I
missed him on the break, but is -- you proceeded at your own risk,
going in the spot survey and spending, and you go ahead with tie beam
and all.
Frankly, it would be a better idea to wait and make sure the spot
survey says everything is A okay. So, as I read through here, part of
the rationale was, well, gosh, we've gotten that far along. And
there's a financial hardship, as I read here.
Financial hardship doesn't count. It has to be a land related
hardship under our law and criteria, so I just need some help getting
beyond that. And I don't know what -- if the county hadn't
participated in that error, I would be more hard nosed than I am, but
I still think when they moved ahead without waiting for the results of
that, you took on some additional responsibility and I don't know how
Page 158
August 3, 1999
we -- if there's a way to fix that without just granting a variance
but --
MR. REISCHL: And while Mr. Pearson is coming up, if I can just
add that we did have two phone calls and an objection based basically
on principal of not granting a variance, and I did have a -- when I
was taking the photographs, I spoke to one of the neighbors -- or one
of the neighbors come up to me and said he had no objection to it at
all.
CHAIRPERSON MAC'KIE: Did you register as a public speaker
because I need to have that form filled out? MR. PEARSON: I did not.
CHAIRPERSON MAC'KIE: If you wouldn't mind, you could do it after
the fact. Is that all right? But we need to have it for the court
reporter.
MR. PEARSON: I did swear in.
CHAIRPERSON MAC'KIE: Yes. Could you tell us who you are?
MR. PEARSON: I'm Robert Pearson. And I work for All American
Homes, which is the builder responsible.
CHAIRPERSON MAC'KIE: You want to address Commissioner
Constantine's question about proceeding at your own risk, I assume?
MR. PEARSON: Certainly any hardship is born mostly by the slab,
but we do -- there is an allowance in the process that doesn't stop
everyone in slab, and that's correct. And I'm almost in favor of that
allowance at this point, because if you happen to be fast, and -- and
certainly not in most cases. In most cases you don't get the tie beam
in ten days.
This one happened -- we would have had the same difficulty, I
believe. I mean certainly, had it been at slab stage, the tie beam
part of it is the lesser expensive part in terms of the slab,
plumbing, et cetera, that's there.
But I agree with you on the process, and we certainly slowed
down. Of course, the market's helped us, but I've instituted a policy
that we'll be waiting for those ten-day periods in our company.
Although I should add that -- one thing. I mean, in the process
of having had it submitted to us by an engineer or an engineering
firm, we did think we were in the right place. There was a mistake in
understanding nonconforming lots because of a survey situation, and
everyone misunderstood it. Had it been a nonconforming lot, then it
would have obviously been allowed to be even a foot and a half closer
to the line.
CHAIRPERSON MAC'KIE: I agree with you that we have to be careful
about these, commissioner. In this case, what tips the scale for me
is the fact that the county had some involvement in it.
COMMISSIONER CONSTANTINE: What I was going to ask is, and I
don't want to get -- I go through the list of analysis here and the
questions and, you know, if granted with a minimum, is this the
minimum variance, it would make possible reasonable in light of the
use. The answer is yes, you know, even though it's submitted and it's
not. I mean, you -- you had room to do it there, but again the county
participated in that.
What I'm wondering, is there something more than simply granting
a variance? Is there something we can do, because those two people
that objected are neighbors that live in the area. They have a
legitimate concern.
Page 159
August 3, 1999
Is there something that we can do either to dress this up or make
it less offensive than just one house sticking out further than
everybody else on that street?
MR. PIRES: If I could, for the record, Tony Pires, if I may,
commissioners?
CHAIRPERSON MAC'KIE: You may.
MR. PIRES: Pires and Lombardo representing the petitioner. We
understand your concern.
One of the neighbors, as I understand it, was a gentleman who
came down and initially objected. He was at the Planning Commission,
and we spoke with him. And he was just confused as to the driveway
location. After we met with him ~- very nice man -- he was
comfortable with the project and comfortable with the variance.
And, so, we took care of that. The other one was a concern about
principal, I think, as Fred Reischl has indicated.
I think from the standpoint of additional buffering, possibly
additional landscaping along the 44th Terrace would be of assistance.
The neighbors to the north and to the east, which have existing
homes which abut this lot, have not objected and apparently have no
concern. But that's something I think would help possibly address the
issue you've raised.
COMMISSIONER CONSTANTINE: You and I spoke briefly about this?
MR. PIRES: Yes.
COMMISSIONER CONSTANTINE: Do you have any specific -- anything
specific in mind as far as additional landscaping?
MR. PIRES: No. I think the residentials don't have the strict
requirements such as other multifamily units. MR. REISCHL: That's correct.
MR. PIRES: We haven't discussed this, whether it would be, say,
like a three-foot hedge the entire length along 44, throw trees every
30 feet. We haven't discussed that specifically, but I think he would
be amenable to that, possibly a hedge along --
COMMISSIONER CONSTANTINE: I'll go along with that, just
something, because I -- I'm sure you'll have something along the line
just to pretty it up a little bit, they're less likely to do that. MR. PIRES: Yes, sir.
CHAIRPERSON MAC'KIE: Assuming the property owner in the back
thinks it's an okay idea.
MR. PIRES: Yes.
CHAIRPERSON MAC'KIE: Okay.
MR. PIRES: Thank you.
COMMISSIONER BERRY: From the standpoint of maintenance, I would
almost prefer that you go with trees.
CHAIRPERSON MAC'KIE: Go with the trees. That's what I was
thinking, too.
COMMISSIONER BERRY: Because the hedge is -- if you don't
maintain it and if it doesn't get water and fertilizer and trimming
and all that kind of thing, then it ends up being an eye sore, whereas
I think the trees certainly enhance that area out there because they
were so clear cut when they did the Golden Gate area. I think the
trees would certainly be an enhancement in that area.
MR. PIRES: We don't have a specific plan for the trees with a
vegetative buffering, but we'll work on that with staff, something
that maybe they feel would be appropriate, too, for the neighborhood.
MR. REISCHL: Do you have anything specific in mind; a tree every
30 feet or along that eastern property line where the encroachment is?
Page 160
August 3, 1999
COMMISSIONER CONSTANTINE: My preference would been Carrotwood.
(Laughter.)
CHAIRPERSON MAC'KIE: Why don't we ask staff to give their
professional recommendation?
MR. PIRES: All we have to do is plant one of those. I would
think that would take care of itself.
CHAIRPERSON MAC'KIE: Are there other registered speakers?
MR. FERNANDEZ: None.
CHAIRPERSON MAC'KIE: And if you would, sir, please do fill out
that the form.
MR. FERNANDEZ: We've already taken care of that.
CHAIRPERSON MAC'KIE: Thank you.
Then I'll close the public hearing.
Is there a motion?
COMMISSIONER BERRY: I move approval.
COMMISSIONER CONSTANTINE: Subject to the additional --
COMMISSIONER BERRY: Of the additional landscaping and let's not
be chintzy on what we suggest and select. CHAIRPERSON MAC'KIE: Yeah.
COMMISSIONER NORRIS: Yeah. Do you want a -- I want assurance
from you that what we're going to do will effectively mask the
building being out too far.
MR. REISCHL: To a certain extent.
COMMISSIONER BERRY: Right.
MR. REISCHL: The trees that code requires; for example, on
commercial buildings are eight to 12 feet in height, so initially --
COMMISSIONER NORRIS: Well, what I'm saying is I want a assurance
from you before we vote here that we're going to tidy up the
landscaping to the -- and not just on the one side that's encroached
but, you know, on the adjacent side to that, you'll -- you're going to
need something as well.
MR. REISCHL: On the north.
COMMISSIONER NORRIS: Well, the -- which side is the --
COMMISSIONER BERRY: What was there, one side that's occupied?
COMMISSIONER CONSTANTINE: The two straight sides?
CHAIRPERSON MAC'KIE: There you go. The two straight sides.
MR. REISCHL: The encroachment is on this side. It's where it's
44th --
CHAIRPERSON MAC'KIE: Okay.
MR. PIRES: And possibly with Commissioner Norris' --
CHAIRPERSON MAC'KIE: One at a time.
MR. REISCHL: The neighbors to the east.
COMMISSIONER NORRIS: I'm saying to the side of the building.
COMMISSIONER NORRIS: Don't you have a map of the building
itself?
COMMISSIONER NORRIS: Well, I'm talking about -- okay. You see
where it encroaches, right?
MR. REISCHL: Right here.
COMMISSIONER NORRIS: Right there. Okay. Along that side, along
the -- the adjacent side.
CHAIRPERSON MAC'KIE: In the curb or --
COMMISSIONER NORRIS: Yeah. Around the curb. Well, not -- not
-- but just --
MR. REISCHL: The front yard.
COMMISSIONER NORRIS: I mean, you don't have to go around the
whole lot, but this part of the building is sticking out.
Page 161
August 3, 1999
MR. REISCHL: I see. To soften.
COMMISSIONER BERRY: That's right.
COMMISSIONER CARTER: In order to soften the work if you can go
around so that it --
COMMISSIONER NORRIS: Around the end. You know, you're going to
see it sticking there, so put -- wrap around the protrusion a little
bit is what I'm saying, so that it doesn't be -- become obvious from
certain angles that it's sticking out too far.
COMMISSIONER CONSTANTINE: So, the motion would be subject to
staffs' interpretation of our recommendation?
MR. PEARSON: Yes.
COMMISSIONER CARTER: Right.
MR. PIRES: It will have the wrap around effect, yes.
COMMISSIONER CARTER: Wrap around effect.
COMMISSIONER BERRY: I want you to make it look nice.
MR. PIRES: Yes, ma'am.
COMMISSIONER BERRY: Okay?
MR. PEARSON: We can have our landscape architect.
CHAIRPERSON MAC'KIE: You have to disclose it.
Okay. Motion and second. Any further discussion on the motion?
If not, all in favor, please say aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE: Passes unanimously.
COMMISSIONER CONSTANTINE: Who made the second?
COMMISSIONER NORRIS:
CHAIRPERSON MAC'KIE:
COMMISSIONER CARTER:
motion?
COMMISSIONER BERRY:
COMMISSIONER CARTER:
CHAIRPERSON MAC'KIE:
aye.
Opposed?
(No response.)
CHAIRPERSON MAC'KIE:
Not me.
Okay.
We'll all go back and -- who made the
I did.
I'll second it.
Let's vote again.
Ail in favor, please say
Passes unanimously twice.
Page 162
RESOLUTION NO. 99- 335
RELATING TO PETITION NUMBER V-99-10
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 13.6-foot after-the-fact variance from the
required front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit
"A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 2.7.5 of the Zoning
Regulations of said Land Development Code for the unincorporated area of Collier County;
and WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-10 filed by Anthony P. Pires, Jr., Esq., of Woodward, Pires &
Lombardo, P.A., representing Tina M. Osceola, with respect to the property hereinafter
described as:
Lot 18, Block 101, Golden Gate Unit 3 as recorded in Plat Book 5,
Pages 97 through 105, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 13.6-foot after-the-fact variance from the required
front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit "A", of
the RSF-3
conditions:
Zoning District wherein said property is located, subject to the following
This variance is for the encroachment depicted in Exhibit "A".
Other encroachments shall require separate variances.
-1-
Three canopy trees, 12 feet in height, shall be planted and
maintained between the house and the 44th Terrace SW right-of-
way. Two canopy trees, 12 feet in height, shall be planted and
maintained between the house and the intersection of 44t~ Terrace
SW and 29u~ Avenue SW. The trees shall be installed prior to the
issuance of a Certificate of Occupancy.
BE IT RESOLVED that this Resolution relating to Petition Number V-99-10 be
recorded in the minutes of this Board.
This Resolution adopted at~er motion, second and majority vote.
Done this ~/%M.~ day of ~
5: ~°' :'; '"!r'D~ViGH. T E; BROCK, Clerk
%. ':,g;'"':...# '.,': .... '
""'st~U~ ~1~.
Approved ~ to ~o~ ~d gcga] Sufficiency:
,1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Marjo~gll-lVl. Student -
Assistant County Attorney
g/admin/sue/V-99-10/RESOLUTION
2
..... Exhibit "A"
August 3, 1999
If anybody has any items under communication, I'm going to hit
them on the head with this gavel.
So, any communication items? If not, we're adjourned.
***** Commissioner Constantine moved, seconded by Commissioner Norris
and carried unanimously, that the following items under the Consent
and Summary Agenda be approved and/or adopted= *****
Item #16A1
UTILITY EASEMENTS FOR WATER AND SEWER FACILITIES FOR PEBBLEBROOKE
LAKES, PHASE I (Commissioner Mac,Kie abstained)
Page 163
AU6 0 3 1999
=ORM 8S MEMORAND'UM'"OF'VOTING CONFLICT FO[
DHNT¥, MUNICIPAL, AND OIHER LOCAL PUBLIC OFFICERS
~ac ' Kie, Pamela S.
~G ADDR~
3301 Tamiami Trail East
.gapl es Col 1 ier
)~ wHICH ¥(11'E OeJL'UKREO
..August 3, 1999
Collier County Board of Commissioners
w.,c,, s~,w,~ ~s ^ u.,,,r De. ·
'. C1't¥ : ~((.'OUNI'~ ,I I OTHER L(X.'At AGENCY ' .'
WHO MUST FILE FORM 8B
s form is for use by any person serving at the county, city. or other local lex'el of government on an appointed or cJectecl board.
~ct'[. commission, authority, or committee, it applies equally to membem of advisory and non-advisory bodies who am prcsent, c~d
h a voting conflict of interest under Section 112.3143. Florida Statutes. The requiremequ of this law are mand~tory~ ahho. gh
use or this particular form is not required I~y law, you are encouraged to use it in making the d|sciosute xexlult~, by law.
.u' responsibilities under the law when faced with a measure in which you have a conflict of interest will vary Rn~ady depending
whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on tltis form
'ore completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 'H:Z.~43, FLORIDA STATUTES
LECTED OFFICERS: -
person holding elective county, municipal, or other local public office MUST ABSTAIN f~om voting on a measure which inures
his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
in of a principal (other than a governlnent agency) by whom he is retained.
either case., you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the measure'on
which you are abstaining from voting; and
%VITH IN 15 DAYS AFTER THE YOKE OCCURS by completing.and filing this form with the person resp_o_ nsible for recording.
the minutes of the meeting, who should incorporate the form in the minutes.
~PPOINTED OFFICERS:
~ person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on ~, incas,re which
aures to his special private gain. Each local officer also is prohibited from khowingly voting on a measme which ira,res t~ the
pecial gain of a principal (other than a government agency) by whom he is retained. ;.
o
~, person holding an appoin, tive local office otherwise may participate in a matter in which he has a conflict of interest, but must
5sclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
,~de by the officer or at his direction.
.F YOU INTEND TO .%lAKE ANY ATTEMPT TO II~IFLUEN. CE THE DECISION PRIOR TO THE MEETING AT WHICH
t-HE VOTE WILL BE TAKEN:
· 'zbu should complete and file this form (before making any attempt to influence the decision) with the person responsible for
r~cording the minutes of the meeti,g, who will incorporate thc form in the minutes.
,.. AUG 3 sgg
IF YOU MAICE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT.T~. E M~: -~'ING:
· You should disclose orally the nature of your conflict in the measure before participating.
. You should compile the form and file it within' 15 days after the vote occurs with the person respo~tsible for recording the mimm~
of the meeting, who should incorporate thc form in the minutes.
DISCLOSURE OF LOCAl. OFFICER'S INTEREST
· Pamela S. Mac'Kie . hereby disclose that on , ,, .Apgust
a) A measure came or wilt come bet'ore my agency which (check one)
3 . m,,99
X
inured to my speciaJ private gain: or
inured to the special gain of ; Pam.e],~ .S..M~c'K~-el. P.'A.
· by whom
The measure before my agency and the stature of my interest in the measure is as follows:
AGENDA ITEM 16.A.1. "'
APproval of utility easements for water and'~ewer facilities
Lakes, Phase 1.
for
Pebblebrooke
=~er consultation with-the County Attorney, I abstained from'voting on t_he
~ove matter pursuant to Section 286.012, Florida Statutes, 'which provides '
~at "no member of any state, county, or municipal governmental board,.comm=ssLrn
agency who is present'~t any meeting of'such body at which'.an.dfficial
cision, rQling or other official act is to be taken or adopted ~ey'abstai~
om voting...except when, with respect to any such member, there is, or appears
be, a possible conflict of interest under the provisions'of S.~2.311,
!12.313, or $.112.3143. In.such cases, said member shall comply with the
~ciosure requirements of S.~12.3143." ·
August 3.~ 1999
: Filed /
,"ICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO NIAKE ANY'
=LOSURE CONSTITUTES (';,ROI
August 3, 1999
Item #16A2
ASSIGNMENT AGREEMENT FOR EASEMENT FOR FIDDLER,S CREEK, PHASE I-B, UNIT
3
Page 164
AU$- 3 1999
~88[GI~IENT ~GREE~ENT
THIS ASSIGNMENT AGREEMENT made and entered into this
~ day of ~%~4 , 1998, by and between the FIDDLER'S
~EEK COMMUNITY-~EV~LOPMENT DISTRICT, a political subdivision of
the State of Florida, (hereinafter referred to as "Assignor"), and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE
GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors
and assigns, (hereinafter referred to as "Assignee").
WHEREAS, Assignor is the Grantee under that certain Assignment
of Reservations and/or that certain Utility Easement ("Utility
Easement") from Gulf Bay 100, Ltd., a Florida limited partnership
and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings
Joint Venture ("951 Land Holdings") to Assignor concerning certain
water utility facilities located within the real property
referenced in said Utility Easement, a copy of said Utility
Easement being attached hereto and made a part hereof as Exhibit
"A"; and
WHEREAS, certain water utility facilities located within the
aforedescribed Utility Easement have been conveyed to Assignor from
951 Land Holdings by Bill of Sale and Warranty Deed, which water
utility facilities are simultaneously herewith being conveyed to
Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of
Assignor as the Grantee in said Utility Easement as to said water
utility facilities.
NOW THEREFORE WITNESSETH that for and in consideration of the
premises and in consideration of the sum of Ten and 00/100 Dollars
($10.00), receipt of which is acknowledged by Assignor from
Assignee, and other good and valuable consideration, the parties
hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises,
releases and assigns unto Assignee, its successors and assigns, all
of the rights of Assignor as Grantee under the Utility Easement
referenced hereto and made a part hereof as Exhibit "A" as to the
aforesaid water utility facilities. Assignee aforesaid hereby
accepts said assignment.
2) Governinq Law. This Assignment shall be construed and
enforced in accordance with and governed by the laws of the State
of Florida.
Fiddler s\ Utility \Unit3. I B~Assign. Ml2
Phase lB, Unit 3
AU6- 3 1999
3) Modification; Additional Assurances. No change,
amendment, modification or cancellation of any part of this
Assignment Agreement shall be valid unless in writing and signed by
Assignor and Assignee.
4) Bindinq Effect. The terms, covenants and conditions
contained herein shall inure to the benefit and be binding upon
Assignee and Assignor and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and year first written.
ASSIGNOR:
Attest:
y Secretary
STATE OF FLORIDA
COUNTY OF COLLIER
FIDDLER' S
DEVELO~DI STRICT
CREEK COMMUNITY
The foregoing Assignment Agreement was sworn to and subscribed
before me by Larry Mullins , as Chairman of the
FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the
Fiddler's Creek Community Development District who is personally
known to me.
WITNESS my hand and official seal thin'day of { _.,
1998.
Print Name~F~d~ [-~%0~.11~-3
My Commission ~xpir~: -
Fiddlers\ Utility \Unit3.1 B La, ssign. M 12
Phase lB, Unit :3 2
AUG- 3 1999
ASSIGNEE:
ATTEST:
· DWIGHT E. BROCK, Clerk
signature ~l.y.
Approved as to from and
legal sufficiency
BOARD OF COUNTY COMMISsIQNERs
OF COLLIER COUNTY,
THE GOVERNING BODY" OF coLLTER..'
COUNTY AND AS EX.~'OFFICIO THE
GOVERNING BOARD.~'OF THE COLLIER
, . ii.
?~~b.air/~oman ,~:"
' '
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared Pamela S. Mac'Kie, well known
to me to be the Chairman of the Board of County Commissioners,
Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-
Sewer District, being authorized so to do, executed the foregoing
Assignment Agreement for the purpose therein contained under
authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of said Board.
ic~al seal
in the County and State last
WITNESS my han~ and off
aforesaid this ~ day of .~/{~3~/- , 19~~~~
(Notarial Seal)
Notary Pu~lic -
Print Name:
My Commission Expires:
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
Fiddlers\Utility\Unit3.1BkAssign .M 12
Phase I B, Unit 3
AU6- 3 1999
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing was acknowledged before me by James P. Ward,
Secretary of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on
behalf of the Fiddler's Creek Community Development District, who
is personally known to me ~r k~ pr~d~ed
as identification and he did take an oath.
seal this~ day of
WITNESS my hand and official
AU6- 3 1999
This instrument prepared by:
Mark J. Woodward
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
UTILITY EASEMENT
THIS EASEMENT, granted this ~day of May, 1998, by Gulf Bay
100, LTD., a Florida Limited Partnership, and PARCEL Z, INC., a
Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its
successors and assigns, as Grantor, in favor of the FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as
Grantee.
WITNESSETH: That the Grantor for and in consideration of the
sum of ten dollars ($10.00) and other valuable consideration paid
by the Grantee, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement,
license, and privilege to enter upon and to install and maintain
water utility facilities, in, on, over and under the following
described lands being located in Collier County, Florida, to wit:
See attached Exhibit "A" which
is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
together with the right to enter upon said land, excavate, and take
materials for the purpose of constructing, operating, and
maintaining water utility facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be
executed the date and year first above written.
Signed, sealed and delivered
in the presence of:
951 LAND HOLDINGS JOINT VENTURE
By: Gulf Bay 100, LTD., a
Florida Limited
Partnership
Pr~ Name: ~)/~f _/~'.
STATE OF FLORIDA
COUNTY OF COLLIER
By: Gulf Bay 100, Inc., a
Flo~da corporation,
as/general Partner and
~ha ~?~ if
and ~ot i~ividually
( CORPORATE SEAL)
The foregoing Utility Easement was acknowledged before me by
Aubrey J. Ferrao, President of Gulf Bay 100, Inc., a Florida
corporation, on behalf of Gulf Bay 100, Inc. and as General Partner
on behalf of Gulf Bay 100, L'td., a Florida limited partnership. He
is personally known to me and did not take an oath.
WITNESS my hand and official
~.~ ~f' No~ Public, Sta~e ot-r~omm ~]
1( ,,~ ~B~'..~ ~nmmlssion No. CC 641358
Fiddters~Utitity~Unit3.1e~Utitity2.Eas Page 1 of 2
sea~~da.~f~8 .
Notarz pu l cL .
Print N .me:
My Commission Expire§:
Exhibit
' " AU6- 3 1999
Print N~
Print Name:
By:
By:__
Parcel Z, Inc., a Florida
corporation
Tadashi Lshi, President
( CORPORATE SEAL)
STATE OF NEW YORK
COUNTY OF NEW YORK
The foregoing Utility Easement was acknowledged before me by
TADASHI KOBAYASHI, President of Parcel Z, Inc., on behalf of the
corporation. He is personally known to me and did not take an
oath.
WITNESS my hand and official seal this /~'day of May, 1998.
( SEAL ) /~~'~
ission Expires:
This instrument prepared by:
Mark J. Woodward
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
JAME13 J. MoCARTHY
NOTARY PUBUO, Stale of New York
No. 01MC5071195
Ou;dified in New York Counly
Term Expires January 6. 1999
FiddLers\Utitity\Untt3.1B\Utltity2.Eas Page 2 of 2
AU(}- 3 1999
EXHIRIT "A"
Tract R aUd all C.U.E.'s as recorded on the plat of Fiddlc-r'S .Creek, Phase lB,
Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Collier County,
Florida.
\~-Irna_naples\WP\1993\1993132\13063\wtc~exalbu380205.doc
AU6- 3 1999
ASSIGNMENT OF RESERVATIONS
between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its
General Partner Gulf Bay 100, Inc., a Florida corporation), and
Parcel Z, inc., a Florida corporation, jointly d/b/a 951 Land
Holdings Joint Venture, a Florida general partnership (hereinafter
referred to as "Developer" and "Owner"), and Fiddler's Creek
Community Development
"DISTRICT").
District (hereinafter referred to as
WITNESSETH
WHEREAS, Developer and Owners, in consideration of ONE ($1.00)
DOLLAR and other good and valuable consideration to them paid by
District, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant, convey, assign, transfer, and set
over unto the District, its legal representatives, successors, and
assigns, for the purpose of providing certain public facilities
including, but not limited to, water, all rights and privileges
that Developer and Owners have or may have under the laws of the
State of Florida, or otherwise, and all right, title and interest
of Developer and Owners in, to, and under each of those certain
reservations dealing with said water utility facilities and those
certain water utility easements identified and set forth on those
certain Plats specified in Exhibit "A" attached hereto and made a
part hereof, all located in Collier County, State of Florida (The
Reservations).
F idd[ers\Ut t [ i W\Unit:~. 1B~Asstgn. Res
Page 1 of 5
AUG- 3 1999
TO HAVE AND TO HOLD said reservations unto the District, its
legal representatives, its successors and assigns to and for its
own or their uses forever with the right of substitution and
subrogation of the District in and to all covenants and warranties
heretofore given or made in respect to said Reservations or a part
thereof to the extent said covenants and warranties are assignable
or can be enforced, at the District's expense, for the District's
benefit.
Developer and Owners do for themselves and their legal
representatives, successors and assigns, covenant to and with the
District, its-legal representatives, successors and assigns that
they are the lawful owners of the Reservations; that the
Reservations are free from all encumbrances except as specified
herein; and that they have good right to assign the Reservations,
and that they will warrant and defend the Assignment of
Reservations unto the District, its legal representatives,
successors and assigns against the lawful claims and demands of all
persons whatsoever.
IN WITNESS WHEREOF, Developer and Owners, have caused this
Instrument to be executed by its duly authorized agents, and its
Corporate Seals affixed hereto.
F idd[ ers\Ut i L i ty\Uni t~. 1B\Assi gn. Res
Page 2 of 5
AUG- 3 1999
Signed, sealed and delivered
in our presence:
951 LAND HOLDINGS JOINT VENTURE, a
Florida General partnership
By:
GB 100, LTD., a Florida Limited
Partnership
By:
By:
GB 100, INC., a Florida
corporation, as ~eneral Partner
a~on behalf gf itself
Aubre~ J' F~rrao, President
and ~ot in~vidually
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared Aubrey J.
Ferrao, as President of Gulf Bay 100, Inc., a Florida corporation,
on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay
100, Ltd., a Florida Limited Partnership, to me known to be the
person(s) described in and who executed the foregoing instrument
and acknowledged before me that he executed the same.
WITNESS my han~and official seal in the County and State last
aforesaid this ~O~' day of May, 1998./ '/% ~ /
N~TARY ~UBLIC .
Printed Name
Commission No. C~ ~'~/~
My Commission Expires:
Ftddters\Utt L t ty\Unt t3.1B~Asst gn. Res
Page 3 of 5
AU6- 3 1999
Wit~ ~
Wi~'~eSs/~. ~;4~/ '
PARCEL Z, INC.
Tadash'i Koba~shi, President
STATE OF NEW YORK
COUNTY OF NEW YORK
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared Tadashi
Kobayashi, as President of Parcel Z, Inc., a Florida corporation,
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he executed
the same.
WITNESS.my han~.and official seal in the County and State last
19~8e~
aforesaid this ~day of May, .
NOTARY
(SEAL) Print
Commission No.
My Commission Expires:
4N~IE9 4. McCARTHY '"'
NOTARY PUBLIC, State of New ¥~
No. 01MC5071195
Qualified in Ne~ Yo~k C~i'ff
F i dd [ ers\Ut i ~ ! ty\Uni t~. lB\Ass { gn. Res
Page 4 of 5
AUG- 3 1999
ATTEST:
FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT
By:
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
~lified to take acknowledgments, p~rsonal~y appe~ed~Q~,~d
.'.'._'0%%~ , and ,-'"~l'*'~
and ~P~¢~r_~- . - of th~ Fiddler's Creek Community
Development Di%trict, a unit of special purpose government
organized and existing under the laws of the State of Florida, to
me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that they executed
the same.
WITNESS my~h~ and official seal in the County and State last
aforesaid this~_~ day of ?~~ , 199~.*
Commission ~o,
~¥ Commission E×pires~
F i ddt ers\Ut i L J ty\Un J t~. 1 B\Ass I gn. Res
Page 5 of 5
AU6- 3 1999
EXHIBIT "A'
Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB,
Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Collier County,
Florida.
\~hm_n~ples\Wl~1993\1993132\13063\wtc~ex~l bu380205 .doc
August 3, 1999
Item #16A3
RESOLUTION 99-299 AND AGREEMENT, AUTHORIZING 50% WAIVER 50% DEFERRAL
OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES,
PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES AND WATER AND/OR SEWER IMPACT
FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ELVIN URBINA AND MARIA PINEDA
AT 5248 GEORGIA AVENUE, NAPLES MANOR ANNEX
Page 165
RESOLUTION NO. 99- 299
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY
MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT
FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ELVIN URBINA
AND MARIA PINEDA AT 5248 GEORGIA AVENUE, NAPLES
MANOR ANNEX IN COLLIER COUNTY, 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 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 [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Elvin Urbina and Maria Pineda are seeking a 50% waiver/50% deferral of
impact fees; and
WHEREAS, Elvin Urbina and Mafia Pineda will construct a three bedroom unit (the
"Dwelling Unit") at 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida which will
propose to sell for Eighty Nine Thousand One Hundred Eighty Dollars ($89,180.00); and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Elvin Urbina and Mafia Pineda submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated March 22, 1999 for a 50%
waiver/50% deferral of impact fees for the construction of a house 5248 Georgia Avenue, Naples
Manor Annex in Collier County, Florida, 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 Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact
Fee Ordinance, Ordinance No. 98-69, Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 99-39; 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,
AU6- 3 1999
Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50% waiver/50% deferral of
impact fees by qualifying for a waiver/deferral; and
WHEREAS, Elvin Urbina and Maria Pineda have qualified for an impact fee waiver/deferral
based upon the following representations made by Elvin Urbina and Maria Pineda:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a 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 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:
1. The Board of County'Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Elvin Urbina and Mafia Pineda
for one (1) house which shall be constructed 5248 Georgia Avenue, Naples Manor Annex in
Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Elvin Urbina and Mafia Pineda, 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 at
5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida by Elvin Urbina and
Maria Pineda:
A. Library Impact Fee
B. Road Impact Fee
C. Parks Impact Fees:
D. EMS Impact Fee
E. Educational Facilities System
Impact Fee
F. Sewer Impact Fee
G. Water Impact Fee
H. Correctional Facilities Impact Fee
Total Impact Fees
$ 180.52
1,379.00
820.84
14.00
1,778.00
1,575.00
1,275.00
117.98
$ 7,140.34
AU6- ~ 1999
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted atter motion, second and majority vote favoring same.
~TTEST:·: :... ',~'G.
:VmaHT E: ]~0~, Clerk
legal,stifficienc7: .
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
By PA~~~ ~ ~O~~N
jd/c/reso/urina
EXHIBIT "A"
LEGAL DESCRIPTION
ELVIN URBINA AND MARIA PINEDA RESIDENCE
LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 3, PAGES 67 AND 68 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
2515254 OR: 2578 ?G: 2 ,75
CLBItK TO ?HB BOARD' ~CORDBD in ~he OPPICI~ ~CO~S of COLLIH COUNTY, PL COP~H 8.00
HXT 7240
S0%W WS0% OF 100%
COLLIER COUN~ ~PACT
~s A~eement for ~e W~ver of ~pact Fees entered into ~s~~ay of
~ , 1~ by ~d be~ ~e Bo~d of Co~ Co~issione~ of Collier
Co~, Florida, h~reina~er refe~ed to ~ "CO~TY" ~d Blvin Urbina ~d ~a Pined~
hereinafter refe=ed to ~ "O~R."
WITNBSSBTH:
~~AS, Collier Co~ Or~n~c~ No. ~-52, the Co~ectional Facilities ~pact Fee;
Collier Co~ Ordinate No. $$-~7, ~ ~ended, ~e Collier Co~ Libr~ System ~pact Fee
Ordinate; Collier Co~ Ordinate No. ~-39, ~e Colder Co~ P~ks ~d Recreational
Facilities ~pact Fee Ordinate; Collier Co~ Ordinate No. 91-71, ~ ~ended, the Collier
Co~ Emergency Medical Semites System ~pact Fee Ordinate; Collier Co~ Ord~ce
No. 92-22, ~ mended, the Collier Co~ Road Impact Fee Ordin~ce; Collier Co~
Ord~ce No. 92-33, ~ ~ended, the Collier Co~W Educational Facilities System ~p~t Fee
Ord~ce; ~d Collier Co~ty Ordin~ce No. 98-69, ~e Regional Water ~or Sewer Systems
~pact Ordinate, as they may be ~her mended ~om time to time here~afler collectively
relied to ~ "Impact Fee Ordinate", provide for waivers of ~pact fees for new
omer-occupied dwelling ~ts quali~ing ~ affordable housing; ~d
~E~AS, O~R h~ applied for a 50% w~v~/50% defe~al of impact fees
required by ~e ~pact Fee Ordinate, a copy of s~d application is on file in the office of
Housing ~d Urb~ Improvement Dep~ent; ~d
~E~AS, the Co~W A~i~s~ator or his desi~ee h~ ~viewed the O~R's
~plication ~d h~ found that it complies wi~ the requiremems for ~ affordable housing 50%
w~ver/50% defe~al of impact fees ~ establish~ in ~e Impact Fee Or~n~ce; ~d
~~AS, the impact fee w~ver/def~ shall be presented in lieu of pa~ent of the
requisite impact fees subject to satisfaction of all cdteda in the ~pact Fee Ordinate quali~ng
the project as eligible for ~ impact fee w~ver/defe~al ~d
OR:
2578 PG: 2476
embodied in Resolution No. 99-~
WHEREAS, the Impact Fee
Agreement with the COUNTY.
, . at its regular meeting o _f/~l~;~,a~, ,
1999;
and
Ordinance requires that the OWNER enter into
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan 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. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
AIl0 0 3 1999
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
OR: 2578 PG: 2477
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years
fi.om 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 $7,140.34 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver q.ualifieation criteria detailed in the
Impact Fee Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
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, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
LIEN. The waived/deferred impact fees shall be a lien upon the property which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement. -
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, and upon payment of the deferred 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
OR: 2578 PG:
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/deferred 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 mn 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 sixty (60) 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 (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 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 thirty (30) 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/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
2478
4
OR: 2578 PG: 2479
AUG 0 3 1999
Such lien shall be superior and paramount to the interest in the D, welling 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 thirty (30) days after
written notice to OWNER, the Board may bring 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 fight or remedy available to the
COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in enforcing this Agreement, plus interest at the statutory rote for judgments
calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for
Waiver/Deferral of Impact Fees on the date and year first above written.
Witnesses:
OWNER:
Elvin Urbina
STATE OF
)
)
The foregoing
/3~z5;~~t~/. ¢-.._.0/~,'~ - 7/-
[NOTARIAL SEAL]
instrument was acknowledged before .me this ~cr day of
, 1999, by Elvin Urbina. He is personally known to me or produced
(type of identification) as identification.
Wimesses:
Print Name d.,~~ , ~r* "-- /% ,'Z/'.~
OWNER:
Maria Pineda
2578 PG: 2480
STATE OF ~~7.~ )
COUNTY OF' _~.~'.~/ )
The foregoing insmnnent was acknowledged before me this ~ day of
~~ , 1999, by Maria Pineda. She is personally known to me or produced
~~~D ~'"'54~'-~ - (type of identification) as identification.
'., .)[NOTARIAL SEAL]
$i~aatare oel$.
:;ATTEST:
ature of Person Taking~A_c_kn_o~dmnent
I '¢ OF'fY" · Co j
BOARD OF COUNTY COMISSIONERS
COLL~;~4
e.~ff~^ 's. M~C'mE, C~Aa~WOMA~
/
Approved as to form and
legal sufficiency
ei~di F:_ Astht~n/~]
Assistant County Attorney
jd/c/agreements/urbina
~R: 2578 PG: 2481
EX]tIBIT 'A'
LEGAL DISCRIPTION
LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES
67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7
Il
5'c~6 : - ZO '
August 3, 1999
Item #16A4
RESOLUTION 99-300 AND AGREEMENT, AUTHORIZING DEFERRAL OF 75% OF IMPACT
FEES FOR ONE HOUSE TO BE BUILT BY ZENORINO LABRA AND MARIA N. LABRA AT
5342 CARLTON STREET IN NAPLES MANOR ADDITION
Page 166
RESOLUTION NO. 99- 300 AUG - 3 ]~]99
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING DEFERRAL OF 75% OF CORRECTONAL
FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES,
PARKS AND RECREATIONAL FACILITIES IMPACT FEES,
ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES
SYSTEM IMPACT FEES, REGIONAL WATER AND/OR SEWER
IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY
ZENORINO LABRA AND MARIA N. LABRA AT 5342 CARLTON
STREET IN NAPLES MANOR ADDITION, COLLIER COUNTY,
FLORIDA.
W~REAS, 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 thc 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 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 [SHIP] Program for deferral of Collier
County impact fees; and
WHEREAS, Zenorino Labra and Maria N. Labra are seeking a 75% deferral of impact fees; and
WHEREAS, Zenorino Labra and Maria N. Labra will construct a three (4) bedroom unit (the
"Dwelling Unit") at 5342 Carlton Street in Collier County, Florida which is proposed to sell for Ninety
Thousand Six Hundred Thirty Five Dollars ($90,635.00); and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WHEREAS, Zenorino Labra and Maria N. Labra submitted to the office of the Housing and
Urban Improvement Department an Affordable Housing Application dated May 1, 1999 for deferral of
impact fees for the construction of a house at 5342 Carlton Street in Collier County, Florida, 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 Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance
No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance,
Ordinance No. 99-39; 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; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance 98-69; and Section 3.05 of the Educational Facilities System Impact Fee
-1-
AUG- 3 1999
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a deferral of impact fees by
qualifying for a deferral; and
WHEREAS, Zenorino Labra and Maria N. Labra have qualified for a 75% impact fee deferral
based upon the following representations made by Zenorino Labra and Maria N. Labra:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a moderate 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.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for deferral of impact fees to Zenorino Labra and Maria N. Labra
for one (1) house which shall be constructed at 5342 Carlton Street in Collier County,'
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Zenorino Labra and Maria N. Labra, 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 at 5342 Carlton Street in Collier County, Florida by Zenorino Labra
and Maria N. Labra:
Total Impact Fee
A. Library Impact Fee $ 180.52 135.39
B. Road Impact Fee 1,379.00 1,034.25
C. Parks Impact Fee 820.84 615.64
D. EMS Impact Fee 14.00 10.50
E. Educational Facilities System 1,778.00 1,333.50
F. Water System Impact Fees 1,275.00 956.25
13. Sewer System Impact Fees 1,575.00 1,181.25
H. Correctional Facilities Impact Fees 117.98 .... 88.49
Total Impact Fees
75% Deferred
$7,140.34 $5,355.27
-2-
3. The deferral of impact fees by Collier County is subject to the execution and recordation
of an Agreement for deferral of Collier County Impact Fees between the property
Owner and the County.
This Resolution adopted after motion, second and majority vote favoring same.
,~DWIGHT E: ~,RI~ ~t~,~, Clerk
Approved as to form and
legal sufficiency:
H~i-di ~:'X~hto~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER fiOUNTY, FLORIDA /~
P~VIELA S. MAC'KIE, CHAIRWOMAN
jd/f/reso/labra
-3-
AU6- 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 10 AND 11, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 66 AND 67, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
-4-
LOT"
~u~,~
'7_ E. t~o ¢.t840
2515255 OR: 2578 PG: 2483
COPIES 8.00
CLERK TO THE BOARD RECORDED in the OFFICIAL HCORDS of COLLIBR COUNTY, FL _
INTBROFF[CB 47H FLOOR 08/05/1999 at II:31AH DWIGHT B. BROCK, CLBRK A[J~ 0 3 1999
AGI~EMENTFOR 7S% DE~~OF COLLIE~CO~N~I~PACT~ES
TMs Agreement for the Deferral of Impact Fees entered into this ~/~ day of~,~,- ,
1999, by and between the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "COUNTY"
referred to as "OWNER".
and Zenorino Labra and Maria N. Labra, hereinafter
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library
System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks
and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as
amended, the Collier County Emergency Medical Services System Impact Fee Ordinance,
Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee
Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or
Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 99-52, Correctional
Facilities Impact Fees; and Collier County Ordinance No. 92-33, as amended, the Collier County
BduCational 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 deferral of
impact fees for new owner-occupied dwelling units qualifying as affordable housing, and
WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department, and
WHEREAS, the County Administrator or his designee has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing 75%
deferral of impact fees as established in the Impact Fee Ordinance, and
OR: 2578 PG:
WHEREAS, thc impact fcc deferral 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 deferral, and
WHEREAS, the COUNTY approved a deferral of impact fees for OWNER embodied in
Resolution No. 99- ~,t:Y.) at its regular meeting of ~ ,,~ ,1999, and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement
with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit")and site plan are 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 wan'ants the
following:
a. OWNER maintains a household with a moderate income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to purchase the
Dwelling Unit must be within the affordable housing guidelines established in the
appendices to the Impact Fee Ordinance;
2
0
b. OWNER is a first time home buyer;
Co
The Dwelling Unit shall be the homestead of the OWNER;
OR: 2578 PG: 2485
~U~ f~ ~ lOCt9
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 $7,140.34; $5,355.27 is eligible for deferral pursuant to the Impact
Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with 'the affordable housing impact fee
deferral qualification criteria detailed in the Impact Fee Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold
only to households meeting the criteria set forth in the Impact Fee Ordinance.
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.
LIEN. The deferred impact fees shall be a lien upon the property which lien may be
in the event of non-compliance with the requirements of this
foreclosed upon
Agreement.
RELEASE OF LIEN. Upon payment of the deferred 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.
3
OR'
2578
In the ease of sale or transfer by gift of the Dwelling Unit, the original OWNER shall
remain liable for the impact fees deferred 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 nm 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 sixty (60) 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: (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
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 deferred shall be paid in full
by OWNER within 30 days of said non-compliance. OWNER agrees that the impact
fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective
date of this Agreement and continuing until paid. 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 thirty (30) days after written notice to OWNER, the Board
2486
4
OR: 2578 PG:
addition, the lien may be
may bring civil action to enforce this Agreement. In
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
2487
fight or remedy available to the COUNTY. The Board shall be entitled to recover all
attorney's 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
Impact Fees on the date and year first above written.
executed this Agreement
for deferral of
Witnesses:
Print Name
d, ffrint Name
Print Name
OWNER: A
(.~ Zenofino Lab~ 'x ~
Maria N. Labra
STATE OF
cot .rv
The foregoing instrument was acknowledged before me this
1999, by Zenorino Labra who is personally known to me, (Ol iJi-odi~ccd
NOTARY SEAL
. . day of ~
2578 PG: 2488'
AU$ 0 3 tqc[q
STATE OF ~ '~~.._
COUNTY o~ ~_~,.>
The foregoing instrument was acknowledged before me this ~ day of ,~',,,~,.~.
1999, by Maria N. Labra who is personally known to me, ~r praduc,d --
· NOTARY SEAL
' ?D~GHT E2 BR~ Clerk
~pprove~6 fora ~
legal sufficiency
BOARD OF COUNTY COMMISSIONERS
e~rEL^ S. mC'~E, CHA~W6MA~
/
Ashfon
Assistant County Attorney
jd/f/agree/75%labra
6
": OR,' 2578 PG: 2489
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 10 AND 11, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 66
AND 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
?
*** ~OR:
2578 PG: 2490
AU6 0 3 1999
C
August 3, 1999
Item #16A5
RESOLUTION 99-301 THROUGH 99-303 AND AGREEMENTS, AUTHORIZING 100%
WAIVER OF IMPACT FEES FOR THREE VERY LOW INCOME SINGLE FAMILY HOUSES
TO BE BUILT IN NAPLES MANOR ON LOTS 5, 7 & 10, BLOCK 12, BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC.
Page 167
RESOLUTION NO. 99- 301
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER ~.UO - 3 1999
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 5, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 fi.om the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 5, Block 12 Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 5, Block 12 Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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 -
AUG- 3 1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 Fee Ordinances and thc 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:
1. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 5, Block 12 Naples Manor Extension, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
documentation acceptable to the County Attomey, 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 5, Block 12
Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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 -
AU6- 3 '1999
This Resolution adopted after motion, second and majority vote favoring same.
Attest as to Chafi. lu,s
Appr, oved as 1o fo~ and
legal sufficiency:
~e~i F~As~to~
Assis~nt Coun~ ARomey
BOARD OF COUNTY COMMISSIONERS
jcl/c/Naples Manor Extension/reso
- 3 -
AU6- :3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 5, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- zt -
"
.4¥
'1 I
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this$~y of ~,~, 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to ~~= ~,~-' ~
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Correctional
Facilities Impact Fee Ordinance, Collier County Ordinance No. 99-52; Collier County Regional
Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as
amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance
No. 99-39, 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 Administrator or his designee has rev~iewed 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
folloWing:
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- ~,~Ot/ at its regular meeting of~, 1999; and
0
3
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. 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") and site plan are 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
eo
The Dwelling Unit shall be sold to a household with a very low 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 owne~
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 $7,140.34 pursuant to the Impact Fee
- 2 -
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. 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
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 oft he 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 mn 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.
- 3 -
l 1. 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
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 05) 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.
OWNERS:
HABITAT FOR HUMANITY OF
com ¢ousv¥, IN C./q
'Chill'les ~2.~ ~[fiJi[e mrefil]dent
- 4 -
STATE OF Florida )
COUNTY OF
OR'
2578 PG:
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
~UG ~ 9
2495
d~y of-~~4'-z' ", 1999
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
S~ture of Person Taking Acknowle4gment
Name of Acknowledger Typed, Printed o~ttamped
D~GHT EiBRO~ Clerk
ApprOved ~ to fora ~d
legal suffici~cy
H&idi
Assist~t Co~ A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~£A g. M~C'~.,;~WOM~
jd/c/naples manor addn/agree/bkl31otl4
- 5 -
OR: 2578 PG: 2496
AU~ 0 3 '1999 -
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 5, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
·. AU$ ~ 3 t99~
*** OR: 2518 PG:1437 *:
N X TN NS {IN
' *** OR: 2578 PG: 2497
ACKNOWLEDGMENT
~.~.,,,., o,- ,.,.o,,o,, !
IBICN~:),w,i~ioL. y Ampr_hl~lC'D '1~. B.~-Ir.l.t.4$ AND fl.r~.GO00-- I ~'~:~.~
~-,,,,,~. oc~,r..~.o,,.c-~, ,,,,c, ,,. co-~o,-.~,o,,, ,.,,,,oc,,, ! ~.~,EC;
mc m '~ON~ wl-eo CXr. C. UTCI:) .Ti-lC I'ONCC~O~ OCD~C~,o I p.~_..~'(.~
~^~c -,o. oc ',-,-,:,,, ,-,,cc ^c',- ...,,,0 ,,.-co ^. ~^,o ! ~ 1~
or'rlcc~$ ro~,' T~c l.)scl) -'~ND mUmmOSr.,~ 'r~CmC- i ~'0 ~
· ,~ .. ~ , ~ ~ r'.~_01~,
IrlV[
IJ
/;
/ ,4'
/
/
RESOLUTION NO. 99- 30~
AU(}- 3 1999
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 7, Block 12 Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 7, Block 12 Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 thc Appendices to thc respective Impact Fee Ordinances and thc 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 thc date thc 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 7, Block 12 Naples Manor Extension, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes thc payment by Collier County of the following impact fees from thc Affordable Housing
Trust Fund, Fund (19l), in the following amounts for the one (1) house to bc built on Lot 7, Block 12
Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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 -
AU6- 3 1999
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~'~:~-"',~
D~OHT E~:B~OCK~Jerk
ApproVed as to fo~ and
legal sufficiency:
~cT~J ~ ~s~ton
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA /~.
By:
P
jd/c/Naples Manor Extension/reso
- 3 -
AUG- 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
E XT . NS {}N
TION
FTcs'rco e~' IT'~
ACKNC)WLI~C)OME:NT
· ~T~TG. or rLONID~
AOG- 3 ~999 ',
· Irt v lC
· 'M C.r. ON.
'! I
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for thc Waiver of Impact Fees entered into this~ay of~. 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER ~ ~
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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
lifyi
qua ng 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-_~_q~ at its regular meeting of ~ ~2 , 1999; and
- 1 -
WHEREAS, the Impact
Agreement with the COUNTY.
Fee Ordinance requires that
the OWNER enter into an
NOW, THEREFORE, in consideration of the foregoing recitals, the 15~trties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are 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:
ao
bo
eo
The Dwelling Unit shall be sold to a household with a very low 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 i~sued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 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
Ordinance.
~kUO 0 3 lggg
the Impact Fee
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
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 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 mn 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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
- 3 -
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 Ordiqance 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 (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 othemrise 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 fight 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:
P~fint Name
STATE OF
COUNTY OF Collier )
HABITA~ FOR HUMANITY OF
COLLIF.~/COUNTY; ~C. ~
[~les-C~~iceXt~esident
- 4 -
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
2 day dt'x../~ , 1999
Vice President of Habitat for Humanity of Collier Count~, Inc. He is personally
Si~iee of Person Taking Acknowledgn~ent
Name of Acknowledger Typed, Printod' or Stamped
DAT~ED: ~~/~
ATTEST:
E. ROCKCCI k
AtteS(~ as to Chairman' s
stgaatare o~l~.
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
jd/c/naples manor addn/agree/bk 13lot 14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
- 5 -
~OR:
2578 PG: 2503'
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COLrNTY
FLORIDA.
- 6 -
*** OR: 2518 PG: 1444 TM
XTF NS {IN
**~ OR: 2578 PG: 250~ ~
AC__.. K N(DWL, I~D GMr' N T
~0
!
FIVI:
'.
..J
RESOLUTION NO. 99- 303
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES
IMPACT FEES, 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 10,
BLOCK 2, NAPLES MANOR ADDITION, COLLIER COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 10, Block 2 Naples Manor Addition 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 Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of
impact fees for the construction of a house on Lot 10, Block 2 Naples Manor Addition, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks
and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, 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
AU6- 3 1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the
following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 10, Block 2 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 10, Block 2
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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
AU6- 3 ;999
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST:' '- ' ' .... "
DWIGHT E. BRoCK,.Cl~k.
ttest 'as~ to Cra ~r~an,~
ApprOved as t6~O~ an
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLL~
BY: P~(LA ~. M~C,KI/E,/CI-I'Ai~4OM/~N
jd/g/joanne/naples manor addn.
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 10, BLOCK 2, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
:-ET .NQ ..,t OF ~2 "
MA N OR A D DI TIO N
SCALE; I INCH--lO0 FEET
_~TANC ---~$
l-lO N S.
)RNERS
AU6- 3 1999
I
'".""' '"' C ~ I 6o T)
:.,: :i.;/
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi~._~ day of ~,, 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
WITNES SETH:
WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Ordi
R gi 1 W d/ S Sy Imp Ordin C Iii C ty
e ona ater an or ewer stems act Fee ante; o er oun nance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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, asamended, 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 Administrator 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. 99-,~ at its regular meeting
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
-!
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling trait (the "Dwelling
Unit") and site plan are 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:
bo
The Dwelling Unit shall be sold to a household with a very low 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 $7,140.34 pursuant to the Impact Fee
- 2 -
Ordinance. In remm 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. 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
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 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 mn 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.
- 3 -
'AU6 0 3 1999
11. 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
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 (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
P~mTn e ~-r~ ~,~,~ c
OWNERS:
HABITAT t~OR HUMANITY OF
coI Lj oUNrv, INc./9 ^
~l~ffCY~~r~ent
4 -
'OR: 2578 PG: 2509
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this /~z day-o~, 1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County,C~ac. He~s personally
known to me.
[NOTARIAL SEAL]
~a~e of Person~ledgment
Name of Acknowledger Typed, Printod or Stamped
A'TTEST: ', :;'"'
.'DWIGHT E. BROCK,. Clerk
.~=C~at~u s
~pp~ov~ ~ m ~o~ ~d
lc~a] su~cic~c7
Assist~t Co~ ARomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: I~~MAC KIE, C
jd/g/joanne//naples manor addn/agree
- 5 -
25?8 ?G: 2510~
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 10. BLOCK 2, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
iT' NO ! OF ~. "
viA N OR A D D'! TIO N'
'ANCES --~CAI_E:: I INCH=IOO FEET
::)NS.
NERS
AUG e 3 1999
., L L $I .iL1
August 3, 1999
Item #16A6
FINAL PLAT OF .OLDE CYPRESS UNIT ONE, BLOCK 9" - SUBJECT TO
PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND
STIPULATIONS
Page 168
AU6- 3 1999
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
TRACT 9 AT OLDE CYPRESS
This Construction, Maintenance and Escrow Agreement for Subdivision Improvements
Agreement entered into this,~,~day of ~ , 1999, by OLDE CYPRESS
DEVELOPMENT, LTD., a Florida limited partnership (hereinafter "Developer"), the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the
"Board"), and QUARLES & BRADY LLP (hereinafter "Escrow Agent").
PREMISES
Ao
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of certain plat of subdivision to be known as:
"TRACT 9 AT OLDE CYPRESS"
Bo
The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Hole,
Montes & Associates, Inc., 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.
Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the
Land Development Code requires the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
Do
Escrow Agent has entered into a Construction and Development Escrow Agreement with
Developer dated May 25, 1999, wherein the Escrow Agent has agreed to hold monies on
Developer's and Board's behalf in the amount of $92,372.49 (the "Escrowed Funds").
Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $92,372.49, 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 Escrow Agent do hereby covenant and agree
as follows:
QBNAP~I92031.1
AUG- 3 lgg,q
1. 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 thirty-six (36) months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds in escrow
to only be disbursed pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold in escrow $92,372.49 from the Escrowed Funds to
be disbursed only pursuant to this Agreement.
4. The Escrowed 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 (10%) percent;
and, further, that upon completion of the work, the Development Services Director shall approve
the release of any remainder of Escrowed Funds except to the extent of $8,397.50, which shall
remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a
minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the
event that Developer shall fail to comply with the requirements of this Agreement, then the
Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held
in escrow by the Escrow Agent, 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 Escrow Agent in
exchange for such funds 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 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;
(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 the failure of the Developer to carry
out and execute the above-mentioned development work; and,
QBNAPH92031. I
(d)
The County will promptly repay to the Escrow Agent any portion of the
funds drawn down and not expended in completion of the said development
work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to
be paid to the Developer shall constitute authorization by the County to the Escrow Agent for
release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer
of the amounts specified in a letter of authorization by the County to the Escrow Agent shall
constitute a release by the County and Developer of the Escrow Agent 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 f'mal 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 this preliminary
approval of the improvements; or b) notify the Developer in writing of this refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Required Improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
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 the Escrow Agent liable for any funds other
than those placed in deposit by the Developer in accordance with the foregoing provision;
provided, that the Escrow Agent does not release any monies to the Developer or to any other
person except as stated in this Escrow Agreement.
10. The Developer shall maintain all Required Improvements for one (1) year after
preliminary approval by the Development Services Director. After the one (1) year maintenance
period by the Developer and submission of a written request for inspection, the Developer
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 Escrow Agent'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.
QBNAPXI92031.1
11. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and Escrow Agent, the respective successors and assigns of the Developer
and Escrow Agent.
IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent hov. e caused
this~Agreement to be executed by their duly authorized representatives this ,~&day of
t~.~::~., 1999. -r-~ -
Signed, sealed and delivered
in the presence of:
DEVELOPER:
OLDE CYPRESS DEVELOPMENT,
LTD., a Florida limited parmership
Witness #1
Print Name Below.TM
Wt~ne~s#2 -~ / - /~- -
Print Name Below:
(Corporate Seal)
By: Olde Cypress Development
Corporation, a Florida corporation,
eeral partner
sident
Witness # 1
Print Name Below:
Print Name Below:
ESCROW AGENT:
QUARLES/&/ii'~DCP, a Wisconsin
limited lia/l:dli~ paf~s~,p
'"---l~o J.~.,'~alvato~, General Partner
QBNAP\ 192031.1
4
I rpprov~d::~'~ fora ~d legal sufficiency:
¢611ier~d~ ~aorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Chairman ~/~/~ ~
QBNAP\192031.1 , 5
EXHIBIT
OLDE CYPRESS TRACT 9
MOBILIZATION
1. Mobilization
EARTHWORK
1. Compact and Balance Roadway
SANITARY SEWER
1.8" PVC Sewer (0-6')
2.4' Dia. Manhole (0-6')
3. 6" PVC Lateral
4. Clean-Outs
5. Connect to existing sewer
6. Video/Test Sewer (minimum)
7. Video/Test Sewer (minimum)
STORM DRAINAGE
1. 18" RCP
2. 18" PVC
3. Valley Gutter Inlet
4. Rip-Rap Pipe End
WATER
1.8" PVC DR14
2.8" PVC DR18
3. 8" 22 1/2 Bend
4. 8" 45 Bend
5. 8" 90 Bend
6. Fire Hydrant Assembly
7. Fire Hydrant Assembly (Flushing)
8. Perm. Bact. Sample Point
9.3" IP~C & %1~u;k,ers for sleeves
10. 2'~ {-,feral= ~ Connection)
11. Chloh~3ate & Tes-'t
Quantity
334
2
7OO
18
1
1
1
28
254
2
1
20
455
8
5
1
1
1
1
180
1
1
Units
LS
LS
LF
EA
LF
EA
LS
LS
LS
LF
LF
EA
EA
LF
LF
EA
EA
EA
EA
EA
EA
LF
EA
LS
Unit Price
500.00
2,250.00
14.00
1,346.29
10.00
79.87
150.00
627.20
627.20
19.30
19.30
1,950.00
500.00
12.00
13.00
235.48
233.48
257.20
1,950.76
1,950.76
1,001.19
4.00
1,250.00
650.00
Amount
$500.00
$2,250.00
$4,676.00
$2,692.58
$7,000.00
$1,437.66
$150.00
$627.20
$627.20
$540.40
$4,902.20
$3,900.00
$500.00
$240.00
$5,915.00
$1,883.84
$1,167.40
$257.20
$1,950.76
$1,950.76
$1,001.19
$720.00
$1,250.00
$650.00
$500.00
$2,250.00
$17,210.64
$9,842.60
$16,986.15
ROAD CONSTRUCTION
1. 12" Stabilized Sub-Grade
2.6" Limerock base
3. Pdme & Sand
4. 1 1/2" Asphalt (Two Lifts)
5. Curb (2' Valley Gutter)
6. Curb (Type "A")
7. 5' Sidewalk
8. Sinage & Stdping
9. Sod (1' Strp)
10. Remove Exis. Valley Gutter
11. Layout, Testing, Sleeve, PCP,
Blasting
12. Street Lights
13. Fine Grade & Clean up
EXHIBIT
OLDE CYPRESS TRACT 9
SUMMARY
Quantity
2,295
1,649
1,457
1,457
865
125
275
1
8,152
1
Units
SY
SY
SY
SY
LF
LF
LF
LS
SF
LS
LS
LS
LS
Unit Price
2.10
4.75
0.30
3.25
5.00
5.30
7.50
425.00
0.15
500.00
4,000.00
2,000.00
4,163.20
Amount
$4,819.50
$7,832.75
$437.10
$4,735.25
$4,325.00
$662.50
$2,062.50
$425.00
$1,222.80
$500.00
$4,000.00
$2,000.00
$4,163.20
$37,185.60
MOBILIZATION
EARTHWORK
SANITARY SEWER
STORM DRAINAGE
WATER
ROAD CONSTRUCTION
NOTES:
TOTAL
$500.00
$2,250.00
$17,210.64
$9,S42.60
$16,986.15
$37,185.60
$83,974.99
1. Bonds, Permits & Permit Fees by others.
2. Water services by Collier County.
OLDE CYPRESS DEVELOPMENT CORP. 13 6 3
9-22-99 cmt.132-t9 CMT132 T-9 ADDTL ESCRO 7000.00 .00 7000.00
C, ECK I CHECK~
, DATE, i,] 9-22-0)9 NUMBER i
OLDE CYPRESS DEVELOPMENT CORP.
5620 STRAND BOULEVARD
SUITE 1C
NAPLES, FLORIDA 34110
FIFTH THIRD TRUST CO.
& SAVINGS BANK, F.S.B.
NAPLES, FLORIDA 33940
63-9171/670
1363
Pay: ******************************************** thousand dollars and no cents
PAY
TO THE
ORDER
OF
Quarles & Brady Trust
DATE CHECK NO. AMOUNT
September 22, 1999 1363 $*****'7,000.00
August 3, 1999
Item #16A7
COMMERCIAL EXCAVATION PERMIT NO. 59.696 FOR THE J & D GRADING AND
HAULING EXCAVATION LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 28
EAST, BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT,
ON THE SOUTH BY 56TM AVENUE NE R/W AND ON THE WEST BY CANAL R/W - WITH
STIPULATIONS
Item #16A8
FINAL PLAT OF "PELICAN STRAND REPLAT - 7" - SUBJECT TO CONSTRUCTION
AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS
Page 169
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this ,,,o~ day of
TH , 19 P_~ between THE STRAND, LTD. a Florida Limited
P E STRAND DEVELOPMENT CORPORATION OF NAPLES, its
General Partner, (hereinafter "Developer"), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinat~er "The Board") and
CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (hereinafter
"Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as PELICAN
STRAND RELAT 7, TRACT 7.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction contract prepared by Community
Engineering Services, Inc., 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 contract, Exhibit "A"
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 construction loan agreement with Developer dated July 2,
1998 (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 $277,309.29, 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
set forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
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 12 months from the
date of approval of said subdivision plat.
Developer hereby authorizes lender to hold $277,309.29 from the Construction
Loan, in escrow, pursuant to the terms of this Agreement.
1999
Lender agrees to hold in escrow $277,309.29 from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this
Agreement shall not constitute a draw against the Construction 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.
The escrowed 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 no 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 then percent (10%); and further, that upon completion
of the work, the Development Services Director shall approve the release of any
remainder of escrowed funds except to the extent of $25,209.94which shall
remain in escrow as a Developer guaranty of maintenance of the Required
Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of
the Agreement.
COLLIER COUNTY LAND DEVELOPMENT CODE
However, in the event that Developer shall fall 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 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 that 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 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;
(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 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.
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 County and Developer of the Lender
for the funds disbursed in accordance with the letter of authorization from the
County.
The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project
records have been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County Subdivision
Regulations.
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. However, in no event shall the Development Services
Director refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of
this Agreement;
o
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.
Nothing in this Agreement shall make the Lender liable for any fimds 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.
APPENDIX A - STANDARD LEGAL DOCUMENTS
10. The Developer shall maintain all Required Improvements for one year after
preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer upon submission of a written request for
inspection, the Development 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 accepts maintenance
responsibility for and by the County.
1999
11. All of the terms, covenants and conditions herein contained are and shall be binding
upon the respective successors and assigns of the Developer and the Lender.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement
to be executed by their duly authorized representatives this ,~.,l,,,c.. day of
~ ,199~.
Signc/d~Sealed and De!fvered in the
;me)
int Name)
(~int Na~e)
Attest es to CMfrmn's
signature onl'.~.
~ STRAND, LTD.,
A Florida limited partnership
By:~lll[ ev lo m_ent~
Co~'~er
By'~~ V' i
LENDER:
CREDIT SUISSE FIRST BOSTON
MORTGAGE CAPITAL LLC,
A Delaware limited liability company
By:~
Na
Title:
.: ,'" -":' :2 ':' .-,' -°~"T ".
- , ' ~ ::,', :~':,t_~: i'~, C.<' '.
: ~ ;.,, ,. :.,~'..,>.~
' ..:;:~ff;~proved ~ to fora ~d legal sufficiency:
David C. Weigel,
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNT~hFLORIDA _ _ . , /
/
- Chairwoman
Pamela S. Mac'Kie
AUG ~ 3 !99S
STATE OF A/~4.t/Oaf/t _
COUNTY OF _~a~o'
G4~foregoing instrument was/ej~knowl.e~lged be~oj'e me. this ,,~' day of
~Credit Suisse First i~%;/on Mortgage ~aP~l'tal'LLC, ~o is personally
known to me or who has produced as identification.
My Commission Expires: Notary Public
(Notary Seal) (print nme below)
Commission No.
0 199
JOIN'DER
The undersigned, Norwest Bank Minnesota, a national association, as Trustee under the
Pooling and Servicing Agreement dated November 11, 1998; and Odeon FL Trust, a Delaware
business trust, as owners of a participatory interest in and to the Mortgage now held by Credit
Suisse First Boston Mortgage, LLC from Pelican Strand, Ltd., does hereby join in the execution
of this Construction, Maintenance and Escrow Agreement for Subdivision Improvements for the
subdivision to be known as Pelican Strand Replat Tract 15. The joinder of said parties is as
reflected on the signature page attached hereto.
QBNAP\ 175228.1
V~itness #)l-
Pfil~nam~e below:~
Witness #2
Pri,nt-name b~low:
ODEON FL TRUST, a Delaware business
trust
By: Wilmington Trust Company, not in its
individual capacity but solely as owner
trustee of ODEON FL Trust/ .,'
as attorhey2in-fa~t '~
AU{~ 0 ~ 199~
STATE OF ~ o/0~"~
COVNT¥ -
foregoing instrument./~as ac.knp)vledge~ before me this e~.~'"' day of
, 1999, by .]?~_ g'~.~/~,,., t'~~ t_ , as
attorney in fact for Wilmington Tr~st Company, the O~ner TrUst~ of ODEON FL Trust,
My Commission Expires:
(Notary Seal)
who is personally known to me or who has produced as
identification. ~__7~_d._ ~' ~~"
Notary Public
(print name below)
Commission No.
CYNTHIA E. ORTIZ
Notary Public, State of New Yolk
No. 01OR5083867
Qualified in New York City
Commission Expires August 2.~, 1999
~,tlG 0 3 199~
NORWEST BANK MINNESOTA, a
National Association, as Trustee under the
Pooling and Servicing Agreement dated
November 11, 1998, for the Credit Suisse
First Boston Mortgage Securities Corp.,
Commercial Mortgage Pass-Through
Certificates, Series 1998-FL2
P~//~ame below:
With~s~ #2
Print name below:
Pacific Life Insurance Company, a
~aY;ifomia corporation as attorney in fact
Title: vic~
Title:
&UG 3 199
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~--~r',~, ~
-/
Date
personally appeared
ss.
, before me, '~/'~',~I, //~c, se,~ ~-c,-~, ~
Name and ~tle of Offi~r (e.g., 'Jane~, Nota~ Public")
Name(s) of Sig~r(s)
~rsonally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the personJ~) whose name s(~. is/ar.~
subscribed to the within instrument and
acknowledged to me that he/she/the..~L executed
the same in his/her/tl~,j.r authorized
i/ _ capacityie(L~,%L and that by his/her/their
~E~ROSE~ZWEiG -- ~ signature~n the instrument the person~, or
~ ~~ C~mi~ion ~1 ]621~ ~ the entity upon behalf of which the person~
~ ~~ Not~ P~lic- Colif~ ~ acted, executed the instrument.
J ~/ Orange Coun~ ~
t ~ ~C~.~~,~ f WIZNESS m~and and official seal.
OPTIONAL
Though the information be/ow is not required by/aw, if may prove valuable ~o persons relying on the document
and could prevent fraudulent removal and reaEachment of this form to another document.
Description of Attached Document
~tle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(/es) Claimed by Signer
Signer's Name:
[] Individual
[] Corporate Officer -- 'lqtle(s):
[] Partner---~ Limited ~' General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
997 National Nota~ Association · 9350 De Soto Ave.. P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
November 06, 1998
PELICAN STRAND - TRACT 7 IMPROVEMENTS
ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST
WATER, SEWER
SEWER
DJ~Sff,~d~[O~ UNITS QUANTITY
8" PVC GRAVITY SEWER LF 1.318
MH (7-11') EA 4
MH(>ll'dp) EA 3
SEWER LATERAL EA 8
WATER
I2F.~Ci?~XIO~ UNITS ~
I0" PVC LF 1394
FIRE HYDRANT ASSEM. EA 4
10" MAIN ENDING EA 1
PERM. SAMP. POINT EA 1
DOUBLE SERVICE EA 4
SUBTOTALS
SEWER
WATER
$23.00
$1,300.00
$1,600.00
$300.00
TOTAL:
$18.00
$1,950.00
$1,950.00
$937.00
$1,000.00
TOTAL:
GRAND TOTAL:
$30,314.00
$5,200.00
$4,800.00
$2.400.00
S42,714.00
$25,092.0O
$7,800.00
$1,950.00
$937.OO
$4~000.00
$39,779.00
$42,714.00
$39.779.00
$82,493.00
November 6,1998
PELICAN STRAND - TRACT 7 IMPROVEMENTS
ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST
GRADING, PAVING AND DRAINAGE
DRAINAGE
~ U'NITS QUANTITY UNITP~CE
24" RCP LF 84 $25.00
30" RCP LF 1271 $32.00
30" PERMALOC LF 13 $34.00
36" PERMALOC LF 134 $42.00
JUNCTION BOX
CURB INLET / VALLEY INLET
FIELD INLET
EA 2 $1,800.00
EA 8 $1,250.00
EA 1 $1,150.00
TOTAL:
ROADWAY
FILL
1st 3/4" TYPE III ASPHALT
2nd 3/4" TYPE III ASPHALT
8~ LIMEROCK
12" STAB. SUB.
TYPE "D" CURB
TYPE "F" CURB
VALLEY CURB
STRIPING
SIGNAGE
STREET LIGHTING
5' SIDEWALK
SOD
SEED & MULCH
UNITS QUANTITY ~
CY 5950 $1.75
SY 4270 $1.25
SY 4270 $1.50
SY 5350 $4.20
SY 5350 $1.75
LF 121 $4.85
LF 1500 $5.00
LF 1500 $5.00
LS 1 $5,000.00
LS 1 $1,000.00
LS 1 $20,000.00
LF 1550 $6.00
SY 400 $1.35
AC 0.6 $1,000.00
TOTAL:
SUBTOTALS
DRAINAGE
ROADWAY
GRAND TOTAL:
$2.100.00
$40,672.00
$442.00
$5,628.00
$3,600.00
$10,000.00
$I.150.00
$63,592.00
$10,412.50
$5,337.50
$6,405.O0
$22,470.00
$9,362.50
$586.85
$7,500.00
$7,500.00
$5,000.00
$1,000.00
$20,000.00
$9,300.00
$540.00
$600.00
$106,014.35
$63,592.00
$106.014.35
$169,606.35
1999
November 06, 1998
PELICAN STRAND - TRACT 7 IMPROVEMENTS
ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST
GRADING, PAVING AND DRAINAGE
Subtotals
Water and Sewer
Grading, Paving, and Drainage
COMPLETE
$82,493.00
$169.606:35
Total $252,099.35
10% CONTINGENCY FACTOR $25.209.94
GRAND TOTAL $277,309.29
~ooz
CRED~ ~,TISSE ~ ]K)STON MORTGAGE CAPITAL LLC
1[ Ma/ison Avenue
New Yo~k, New York 10010
Capi~ized tram m~/~ and ~0~ or. herwis= dc/tnd u uset u d~fu~cl iv
Very
CRI~IT SUISS~ FIRST BOSTON MORTGAGE
16~ b
laoo:AU~ 0 3 '199
~ 'd~ [9L~'O~t
9/1§/99; 11:24AM; 949 718 6570 =~' THE STRAND; #2
SEP 16 1999 09:34 FR PL-RE! DEPT ~49 718 GS?~ TO 919415~27541
P. 02/0J
3.4999
P,~CORD AND ~ TO:
Pacific Life Inmumu~ Cun~y
Newpart Bc~h, ~ ~
~: Pe~c~ ~ L~.
P~c ~i~c ~ N~b~: ~12
POWER OF ATI'ORNE¥
Limited
hereby mako, constitute and .ppoh~ ~ha feliowins officer~ of Pacific Life Ius, zaucc Com:npany
('?L"):
M.A. Stickles
I.C. Mtdvihill
C.S. Diliion
W~udy Baldm
Pfm2~ Spurb
Debm O,m~.g}mm
Vio~ ~eu~
Vice Prcsidaa mud.Ammm [fecrmry
As the true and lawful attmney-in-fimt for Credit Suine First Boston MortgnSe Capital LLC, as
Leader (the "MortsaSce") xmd~r that certain Loan Agreement botwem MaztSMeo and Pelican
Stmxt, LTD.,(thc "B~,.',,~er"), dated July l, 1998, and amended Ikptom~ ~, 1998 and amended
November 10. 1998 for its use ~ fan.fit::
t. To si~n an behalf of th= M~ arty and all documetas relating to matIers involvi~
suy and nil instnunmts of satisfaction or cmceltsflon or relesse or dlschaz~e, and all
as Pelican Strand, LTD.
· 2. Tiffs power of attorney shall be limited to the above mentioned exercise ofpower.
This inslrdm~mt is to be construed and interprv-fed u 8 lh~iad power of attom~. Thc
enumeration of specific items, dshts, acts or powers heroin is no~ intanded to, nar does it
give rise to, ami it is not to be oonstmed as a general power of zUnrney,
4. 'I'harishts, power ami ntbodtyofmddaeom~h=~smeedabsllcomnae~eendbein
full force ~ effect on Dem~mber I 1, 1998 and such rights, powar~ ~nd auth~i;y shall
g/18/99; 11:24AM; 949 718 6570 => THE STRAND; #3
SE= 16 1999 09:~5 FR PL-REI DEPT 949 718 G570 TO 919415927541
P. (;~3/03
IN~SWHEI~QF, Ih~rv~lu~u~osu-tmyhaudtt~ l~ dayof ~)e. ct-enb~~,
1998.
Cre~t S~ l~ir~t B~ Mo~gqe Capital LLC,
$isn~ alut ~a~led aru~
delivered in thc pt'~m~ of:
known to mc (or
personally .... proved to n~ on the b~is of satis~ evidcnce) to be the
person(s) who(se) name(s) is subscribed to the wltbln ias~ and ~mwledged to me ~
he/she executed the same in hi,~ncr authmized capacity(ies), and tha~ by his/her signatm'e(s) on
thc instrument the person(s) acted, executed the instmmen~
IN WITNESS WItBR~O1~, I have hereunder set my hand and sff~xed my ofF. al seal thc ~
and year th~ cer6fu:ate first v. bove written.
TOTAL PAGE. 0~ **
August 3, 1999
Item #16A9
EXCAVATION PERMIT NO. 59.687, "WHIPPORWILL WOODS LAND TRUST COMMERCIAL
EXCAVATION AND HOMESITE., LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH,
RANE 28 EAST, BONDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT
LAND ZONED ESTATES AND ALSO ON THE EAST BY DESOTO BOULEVARD, AND ON
THE NORTH BY CR 858 AND THE WINCHESTER LAKE FILL PIT - WITH
STIPULATIONS
Page 170
August 3, 1999
Item #16A10
COMMERCIAL EXCAVATION PERMIT NO. 59.690, .EVERGLADES BOULEVARD LAKE
AND HOMESITE", LOCATED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 28
EAST, BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED
ESTATES AND ALSO ON THE EAST BY EVERGLADES BOULEVARD - WITH
STIPULATIONS
Item #16All
REMITTANCE OF $4,840 REMAINING IN THE BUILDING IMMOKALEE TOGETHER
PROJECT (#01700) TO THE IMMOKALEE MAIN STREET ORGANIZATION AND THE
NECESSARY BUDGET AMENDMENT
Item #16A12
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR
CONTRACTOR LICENSING BY COLLIER COUNTY
Page 171
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER
COUNTY FOR CONTRACTOR LICENSING BY COLLIER COUNTY
This agreement by and between Collier County, a
political subdivision of the State of Florida, hereinafter
called the "County" and the City of Naples, a Municipal
Corporation, hereinafter called the "City," is made in order
to set forth the responsibilities of Collier County for the
issuance of contractor licensing, excluding lawn maintenance
contractors.
WITNESSETH
WHEREAS, the City and County have determined that the
implementation of a City-County license has proved
beneficial to both City and County governments and its
contractors; and
WHEREAS, the City and County desire to continue with an
the Interlocal Agreement, first adopted by the parties in
1992, with modifications to include tree trimming
contractors;
NOW THEREFORE, in consideration of the covenants set
forth herein, the parties agree as follows:
The County shall be responsible for issuing
licenses to contractors working with the County
and/or City in accordance with County Ordinance
97-68, (with exception of paragraph 1.3.1."Owner-
Builders") and subsequent amendments and
ordinances related thereto.
o
The County shall collect the licensing fees for
those contractors licensed to work within the
County and/or City for issuance of a countywide
license.
o
The County shall provide the staff supervision,
equipment and supplies necessary to issue all new
and renewed contractor's licenses .covered under
this agreement and to provide all supervisory and
investigative personnel necessary to investigate
and prosecute unlicensed contractors before the
misdemeanor courts, and licensed contractors
before the applicable disciplinary boards, as well
as investigate all related complaints.
The Collier County Contractor Licensing and Code
Enforcement Supervisor shall supervise all
o
o
o
o
Contractor Licensing investigations and advise the
County's Building Division of same.
The County shall provide the City with monthly
reports of the licensing and investigation
activities within the City. The report is to
include all activities related to licensing and
enforcement within the City limits of Naples,
including current specific complaints,
investigations in progress, pending hearings and
court cases and disposition of such cases. City
staff will provide mutual assistance as required.
The County shall provide the City monthly reports
of all contractors currently licensed in the
County and City.
The combined County/City Contractor Licensing
Board shall hear all disciplinary matters. The
composition of the Contractor's Licensing Board
shall include a minimum of two (2) members who
reside within the corporate city limits of Naples
or shall be recommended to the Board of County
Commissioners by the Naples City Council.
This Interlocal Agreement shall be in effect for a
period of three (3) years from date of adoption.
Either party to this Agreement may terminate the
Agreement by providing written notice to the other
at least 120 days prior to the end of any fiscal
year (September 30).
IN WITNESS W~EREOF, the parties have executed this
Agreement effective upon approval and execution by the
parties.
Attest:
T~a Norm~,-'Uzty Clerk
Bill Barnett, Mayor
Approved as to form and legality:
AU6- 3 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attest:
Dwight E.~rock, Clerk
~22j.~ ~/~N~. I~e ~ u t y Clerk
Approved as to form and legal
suf fi~ency :('~l
~/David 'C.' Wei~el' County Attorney
Pame~wo~man
p:\resnew\interlocalaggr.contr
Item #16A13
FINAL PLAT OF .CROWN POINTE SHORES TWO.
August 3, 1999
Item #16A14
RESOLUTION 99-304 AND AGREEMENT AUTHORIZING 100% WAIVER OF IMPACT FEES
FOR ONE VERY LOW INCOME SINGLE FAMILY HOUSE TO BE BUILT IN THE
SEMINOLE SUBDIVISION ON LOT 25, BLOCK A, IN IHMOKALEE, BY HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC.
Page 172
RESOLUTION NO. 99- 304 AIJG- 3 ]9~}9
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 25, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE.
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 Parmership
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 fi.om the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 25, Block A, Seminole Subdivision in Immokalee 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December
21, 1998 for a waiver of impact fees for the construction of a house on Lot 25, Block A, Seminole Subdivision in
Immokalee, 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 Correctional Facilities Impact Fee Ordinance,
ordinance 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended;
Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, ordinance No. 99-39; 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 -
AU6- 3 1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based
upon the following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one
(1) house which shall be constructed on Lot 25, Block A, Seminole Subdivision in Immokalee,
Collier County, Florida.
2. Upon receipt bY the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Habitat for Humanity of Collier County, 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 25, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County,
Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$4,290.34
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 -
AUG- 3 lgg9
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
~P'AI~EL/~ S. I(/IAC~'KIE, CHATOMAN
jd/gm/c/semmoles/d/reso
- 3 -
AU$- 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE,
ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN
PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER
COUNTY FLORIDA.
- 4 -
I
I
0 3 199
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this,.4'~ay of ~, 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance 99-52, the Collier County Correctional Facilities
Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, 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 Administrator 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 O~dinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-,~,~y at its regular meeting of ~ ,1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
- 1 -
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows: ~lJ0 0 3 1[1§~)
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") and site plan are 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:
ao
bo
eo
The Dwelling Unit shall be sold to a household with a very low 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 $4,290.34 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.
- 2 -
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
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 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.
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 Corhmissioners.
11. 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
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
- 3 -
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 (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
STATE OF El.o. mta~)
COUNTY OF Collier )
OWNERS:
HABITAT FOR HUMANITY OF
C OLLI~COUN~.
- 4 -
The foregoing instrument was acknowledged before me this ~
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
['NOTARIAL SEAL] ,~aturc of Person Taking AcknoWledgment
Name of Acknowledger T~yp_e__d.P_rit~te_d_o_r Stamped ~'
day. f ,.,/Z*-r~,~ ,1999 '
DATED: ~g.~a~,~
ATTEST:
DWIGHT E. BROCK, Clerk
:'.,.Attest 'aS tO Chalrnaa's
s f~nature onl$.
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assist~t Coun~ Attorney
jd/¢/seminole/blka 1ot25
BOARD OF COUNTY COMMISSIONERS
COL~
I Y: M'AC' E, C .I /WO N
- 5 -
EXi~IRIT "A"
LEGAL DESCRIPTION
OR: 2578 PG:
AUG 0 3 1999
251~7
LOT 25, BLOCK A, NAPLES SEMINOLE SUBDMSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
1999
August 3, 1999
Item #16A15
RESOLUTIONS 99-305 THROUGH 99-313 AND AGREEMENTS AUTHORIZING 100%
WAIVER OF IMPACT FEES FOR NINE VERY LOW INCOME SINGLE FAMILY HOUSES TO
BE BUILT IN NAPLES MANOR ON LOT 3, BLOCK 9; LOTS 14 AND 15, BLOCK 13;
LOTS 12, 13, 14, BLOCK 5; LOT 40, BLOCK 11; AND LOTS 4 AND 6, BLOCK
12, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Page 173
RESOLUTION NO. 99- 305
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONFg'S, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES
IMPACT FEES, 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 3,
BLOCK 9, NAPLES MANOR ADDITION, COLLIER COUNTY, 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 Parmership 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 [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 3, Block 9 Naples Manor Addition 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 Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of
impact fees for the construction of a house on Lot 3, Block 9 Naples Manor Addition, 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 Correctional Facilities Impact Fee, Ordinance No. 99-52;
Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of
the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and
Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, 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
~-IEREAS, Habitat for tlumanity of Collier County, Inc. has qualified for an impact fee waiver based upon the
following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 3, Block 9 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 3, Block 9
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
Attesf,:',a to
signature
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
By: ~{/ / Y V v - -/'.-'-,./;
P~vIELA S. MAC'KIE, CHAI;OMAN
jd/c/Naples Manor Addition/reso
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
1
I
NAPLES
NOTE: ALL CORNER LOT DISTANCES
ARE TO CORNER INTERSECTIONS.
ALL RADII 25 FEET ON CORNERS
SHELI NO ! OF
MANOR
SCAL~
I
/ .. I .. / - I ,/., I ~ / ' [ ~ I ' I ' I - I - I ~ iii I / ' I ~' I
il!!
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES~Li~ 0
This Agreement for the Waiver of Impact Fees entered into this,~3_--day of/~?t~o 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 -
AUG
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- ,~ o,.,~"at its regular meeting of .. _~-~,~e,~-& ,1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. 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") and site plan are 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:
a. The Dwelling Unit shall be sold to a household with a very low 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 of owne~;
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 $7,140.34 pursuant to the Impact Fee
- 2 -
A~IG 0 '~ ~IQQQ
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. 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
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 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 mn 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.
- 3 -
'AU6 o 3'm9
11. DEFAUT_,T. OWNF, R shah be in default of this A~eemem (1) where OWNBR
fails to sell the Dwelling Unit in accordance with the affordable hO'Using standards and
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 (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 fight 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:
nt Name,~2;,,,~,]~.-~- ;~.a.~_~,~7
OWNERS:
HABITAT FOR HUMANITY OF
OLLIEI~/COUNTY, INI~. j.
- 4 -
OR :
2578 pG: 2523
AUG 0 3
STATE OF .F. Lo. xi.da~)
countrY OF Collier__.)
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
-.~ day of'~~-~<-- , 1999
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
Si~e~of personi°~':~'~Takin~ent
Name of Acknowledger Typed, Printed o(Stamped
DATED: ~-'~'~:~ /
ATTEST:,
DWIGHT E:.~ROCK, Clerk
"t-.? ,'C- .
2,- Attest as to
legal su~c~ency
~7 A;ht~n
Assist~t Co~ A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~~WOMAN
jd/c/naples manor addn/agree/bk21otl 0
- 5 -
OR: 2578 PG: 2524
AUG 0 3 1999
EXFIlBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
N A. Pi E..S
NOTE: ALL CORNER LOT DISTANCES
ARE tO CORNER INTERSECTIONS.
Ail RADii 25 FEET ON CORNERS
SHEE .I NO'! OF
MA NOIR
~c
RESOLUTION NO. 99- 306
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS~., COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES
IMPACT FEES, 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 14,
BLOCK 13, NAPLES MANOR ADDITION, COLLIER COUNTY, 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 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 Parmership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 14, Block 13 Naples Manor Addition 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 Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of
impact fees for the construction of a house on Lot 14, Block 13 Naples Manor Addition, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee ordinance, ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks
and Recreational Facilities Impact Fee Ordinance, ordinance No. 99-39, 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
0 3
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the
following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 14, Block 13 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 fi'om the Affordable Housing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 14, Block 13
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST: .....
DWIGHT E. BROCK, Clerk
App~o~c~as to fo~ and
]cga] sufficiency:
Assistant Coun~ A~omey
BOARD OF COUNTY COMMISSIONERS
By:~~&. [ RWOMAN
jcl/c/Naples Manor Addition/reso/1210t 10
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
:,,IAPI 'ES ~AIqOR ADDITION
-DE..~CRIPTION NOTE] THE DESCRIPTION GIVEN ON
S'HEE'T I OF2 INCLUDES THAT DELINEATED ON SHEET
2 OF '2. SHOWN HEREON,
SCALE: i INCH = lO0t
/
/
AU6 0 3 f999
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this~ day of 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinatter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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. 99~.~ at its regular meeting of~~~_~~, 1999;
arid
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into
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") and site plan are 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.
bo
The Dwelling Unit shall be sold to a household with a very low 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 ofowne~
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 $7,140.34 pursuant to the Impact Fee
0 3 1999
- 2 -
Ordinance. In remm 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 thee 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
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
lirnited 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 girl 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 mn 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.
- 3 -
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
falls to sell the Dwelling Unit in accordance with the affordable houajng standards and
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 fall 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 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:
HABITAT FOR HUMANITY OF
/~'rh~fiJl~'~-C[. ~;n~~e President
4 -
?
OR: 2578-PG: 2530
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
AU6 0 3 ?999
__ day O~f ,,.7~/.~...~ , '] 999
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
sig~e of Person Taki~t
Name of Acknowledger Typed, Printed/iff Stamped
] ,n ~ ~ MY COMMISSION # CC 7~J9612 ]
DATED:
ATTEST:
DWIGHT E. BROCk, Clerk
Approved as to fo~ ~d
legal sufficiency
~di F. Ashton
As~ist~t County Attomoy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B OMAN
jd/c/naples manor addn/agree/bkl31otl4
- 5 -
OR: 2578 PG: 2531
AU6 O 3 ~
ExmRIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK 13 NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF/tiE PUBLIC RECORDS OF COLLIER COUNTY
FLOR/DA.
- 6 -
/!
Pi ES FAAIqOR ADDITION
· DESCRIPTION NOTE: THE DESCRIPTION GIVEN ON
,-~ SHEET I OF~ INCLUDES THAT DELINEATED ON SHE, T'
"~ ~ OF ~ SHOWN HEREON. . . E
~ SCALE: i INCH -- I00'
~ ~" ...... , , ,,,, -
2532
~l)p/l~l~Jd '
b" T,~'/'£ T
,I
7
RESOLUTION NO. 99- 307
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,:~COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES
IMPACT FEES, 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, 1NC., ON LOT 15,
BLOCK 13, NAPLES MANOR ADDITION, COLLIER COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 15, Block 13 Naples Manor Addition 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 Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of
impact fees for the construction of a house on Lot 15, Block 13 Naples Manor Addition, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks
and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, 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
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impac.t fee waiver based upon the
following representations made by Habitat for Humanity of Collier County, Inc.: ~'
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be s01d to 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 15, Block 13 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 13
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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 sam~.
DATED: ~4 /P~,P
ATTEST:
DWIGHT E. BROCK, Clerk
Attest~as to cha~rman,s
s~gnature .o~15.
Approved as to zonn and
legal sufficiency:
I~eidi F. Ashto~ -
Assistant County Attorney
~oOLALRD OF COUNTY COMMISSIONERS
BY:p~M~L~ S. ~ACLEi cH:MAN
jd/c/Naples Manor Addition/reso/blkl 3 lot 14
3
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 15, BLOCK 13, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
_J A P L E S
tvlAI',IOR ADDITIOt,I
.DE.,~,CRIPTION NOTE: THE DESCRIPTION G'IVEN ON
SHEET I OF,~ INCLUDES THAT DELINEATED ON SHEET
'2 OF 2 SHOWN HEREON, -
' AU6 0:3 f99
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this3_2~ay of ~.~ 1999, by and r
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNES SETH:
WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 -
AUG ('1 3 1999
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-~ ~ fi' at its regular meeting of ~~r,~ ,1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER~ enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are 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:
ao
bo
The Dwelling Unit shall be sold to a household with a very low 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 $7,140.34 pursuant to the Impact Fee
- 2 -
Ordinance. ~ retu~ for ~c wai~cr of t~c Lr~pact fccs owed by
OW~N'~R coYenants and a~ccs to co~ply 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
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 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 shaft nm 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.
- 3 -
11. DEFAULT. OWNER shall be in default of this Agreement (1) where
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
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 (15) years fi.om 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:
,~nt N am e. _/~"-.,~..-2 ~2~ ~.~.,-~ ~.'-/~
OWNERS:
HABITAT FOR HUMANITY O]~
COLLIER/COUNTY, INC. /{ /1
By://~/~.~,n ~/~ ,~~-~
- '4"' ~h,Mce~
~l~a{le-~. S~n
4 -
.2
2578 PG: 2537
STATE OF .E~)
COUNTY OF f.,nllin~)
The foregoing instrument was acknowledged before me this,-~
by Charles C. Smith,
known to me.
[NOTAR/AL SEAL]
AU$ 0 3 ~999
__ day c~f ,1999
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
Signa~f Person Taking Acknowledgmel~
Name of Acknowledger Typed, Printed or SlOped
&DATED:'~
'" . ATTEST: -'~;..'~,
i~ DWmHT E:BR6g~C, Clerk
s t goatee ~1~.
- Approved ~'to fora ~d
legal sufficiency
Assist~t Co~ A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ,
B
jd/c/naples manor addn/agree/bk21otl 0
- 5 -
OR:
2578 PG: 2538~
AU6 0 3 '1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 13, BLOCK 15 NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
PLES I~ A I',10 I~ ADDITIO I',,I
'DESCRIPTION NOTE' THE DESCRIPTION GIVEN ON
· I,='~: SHEET I OF E INCLUDES THAT DELINEATED ON SHEET'
-~' ~. OF '2 SHOWN HEREON.
SCALE:
i INCH = i00'
*** OR: 25?8
PG:
2539
Il
I
RESOLUTION NO. 99- 308 ~L~f~ 0 ~ ]999
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 12 BLOCK 5, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 12, Block 5, Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 12, Block 5, Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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
COLLIER COUNTY, FLORIDA, that:
1.
THE BOARD OF COUNTY COMMISSIONERS OF
The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 12, Block 5, Naples Manor Extension, Collier County,
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 12, Block
5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
Fo
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Water Impact Fee
Sewer Impact Fee
Correctional Facilities Impact Fee
TOTAL IMPACT FEES
o
1,778.00
1,275.00
1,575.00
117.98
$7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~ ,S~//
ATTEST:
DWIGHT E. BROCK, Clerk
s~guatare oall'
ApprOved as to mrm and
legal sufficiency:
~/~, ~/~ J .,4,
fl~di ~: X~hton
Assistant CounW A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
jcl/c/Naples Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 12 OF BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
ACKNOWl..r-.D~ME. NT
. ~T~TG or rI. ONIO~ ,
pCNI<)N~-LY &mliG~NI'~ J'"' ~'~:~ ~----.~ ..... u
~&~C ~o BC ~N' FRCC 'AG~ ~ DC~ A~
T~ AC.T ~tdD ~CCD or ~N&I~ DGV~OP~N~
· ~D ~NPO~ION
FLC)~ irmA.
~AN~G
~j
'1 t
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this~__~ay of ~: 1999, by
and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- ~ 6 ~ at its regular meeting of ~~:~.~~, 1999;
and
- 1 -
WHEREAS, the Impact Fee Ordinance requires that the OWNER'enter into an
Agreement with the COUNTY. .~lJ0 0
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") and site plan are 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.
bo
eo
The Dwelling Unit shall be sold to a household with a very low 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 $7,140.34 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
- 2 -
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
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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
- 3 -
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 (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
~J~rint Name~,_~j~ ~,~ .~.~.~
OWNERS:
STATE OF .El.9.lidg~)
COUNTY OF Collier )
HABITA~ FOR HUMA~TY OF
B~nt
- 4 -
The foregoing instrument was acknowledged before me this 3 day o~--.-~-~ ,1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier Count~l~-c. He is personally -
known to me.
[NOTARIAL SEAL] Si~e of Person Ta~dng Ackn~wleq~rnent
"' L/~'~;~ ~'~T-tedo Stam ed
ATTEST:
DWIGHT E. BROCK, Clerk
Attest to Chairman's
slgaature
Approved as to form and
legal sufficiency
Heid{ F~ Ashtofi '
Assis~ Coum~ A~om~
jd/c/naples manor addn/agreegokl 3lot 14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
AU6 O 3 !999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 12, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
OR: 2518 PG: 1444
N XTE NS (IN
*** OR: 2578 PG: 2546 **~
AC. KNOWLF_.DGM~- N T
.~.O~)r~TY OF COLL-ICl~
'T),~C: ~AWI, O~ r~.o~ ~ %'o MC. ~I~OWN ~0 ~C
~c. c.o-
.,j
4~
RESOLUTION NO. 99- 309 ~[JG D ~ 't~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 13 BLOCK 5, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 13, Block 5, Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 13, Block 5, Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Pm'ks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
Co
D.
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY
COLLIER COUNTY, FLORIDA, that:
1.
THE BOARD OF COUNTY COMMISSIONERS OF
The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 13, Block 5, Naples Manor Extension, Collier County,
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 13, Block
5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
Fo
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Water Impact Fee
Sewer Impact Fee
Correctional Facilities Impact Fee
TOTAL IMPACT FEES
o
1,778.00
1,275.00
1,575.00
1!7,98
$7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same::
DATED:~-~/~
ATTEST:
DWIGHT E. BROCK; Clerk
.Attest
'slgaatore
Approved as tO form and
legal sufficiency:
l~teidi P. Xs~ton
Assistant CounW A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ,
By: ~
I~¢aM'ELK S. MAC'KIE,:AIRWOMAN
jd/c/Naples Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 13 OF BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED 1N PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
'ION,
,~C I~ N OW L..E: D O, k4E: N T
. ST~YC. or rI. ONID~
· C~,I:) UNTY Of'
· F)C: ~ 1,ONe, Wi-lO CXC.~L.,IT~D .Ti-q;' ' r, oN~{)O.~
req~. A¢.T At~D OCI~-D Or ~iq&l~, OGV[~,.OP[:N~ ikic~
· ~ vJ
' 't I
%
cl..-.(n."< ~,,,O. ~.~0 &ND y',,:,~l Out. Y f~CC, ol~-~ _
~LA'T ,oo~ ~o. C:~AT f~.,~GC ~o._~_~
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This A~reement for the Waiver of Impact Fees entered into this~ay of ~..~.~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinaf~r referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 l;l~lig ° ~'
92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinanc~ as
they may be further amended from time to time hereinafter collectively referred to as "Impact ~ o~ .
Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling '~llxit ~." ~
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 Administrator 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
impacl 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-~30 ~ at its regular meeting of t~}~a.~r~,g, ,1999; and
- 21. -
WHEREAS, the Impact
Agreement with the COUNTY.
AUG p 3 1999
Fee Ordinance requires that the OWNER enter into an
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 trait (the "Dwelling
Unit") and site plan are 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 wan'ants 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 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 the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 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
- 2 -
impact fee
Ordinance.
waiver qualification criteria detailed in the Impact Fee
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
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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
- 3 -
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 (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
,..
STATE OF Florida )
COUNTY OF Collier )
OWNERS:
HABITAT FOR HUMANITY OF
COLLIDE? COUN~
- 4 -
The foregoing instrument was acknowledged before me this ~ day of~,~f~._, 1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County(.lrfc. He is personally
known to me.
[NOI:AmAL SEAL]
~. ,2,
DATED: ~
ATTEST:
DWIGHT E. BROck'Clerk
Approved ~ to fo~ ~d
legal sufficiency
Assist~t Co~ A~omey
Name of Acknowledger Typed, Printed or S~mped
AUG 0 3 1999
BOARD oF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
P~OMAN
jd/c/naples manor addn/agree/bk131ot14
- 5 -
2578 PG:
EXIHRIT "A'
LEGAL DESCRIPTION
LOT 13, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
XTN NSX{IN
*** OR: 2518 PG: 1437
· *** OR: 2578 PG: 2553
RESOLUTION NO. 99- 310
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 14, Block 5, Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 14, Block 5, Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.: ~
A. Thc 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 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. Thc 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 14, Block 5, Naples Manor Extension, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 14, Block
5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
o
$7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same.
O~ ~Jg~
ATTesT,. .,
DWIGHT E. BROCK, Clerk
Attest as to Chalra~'$
Approved as to form and
legal sufficiency:
:,,,z /,t'~
Assistant Cou~ A~o~c7
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
P/~I'ELA S. MAC'KIE, C~(AIR~0MAN
jd/c/Naples Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
:' XTF NS:{}N
ACKNOWLEDGMENT
.~:UG ~ 3 199~
.P'l v I,
' '1 I
: ' . ,.,.":
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this~__~ay of~- 1999, by
and
between the Board of County Commissioners of Collier County, Florida, hereiiaafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99.~/O at its regular meeting of ~ ~, ,1999; and
- 1 -
WHEREAS, the Impact Fee
Agreement with the COUNTY.
Ordinance requires that the
OWNER enter into an
AUI 0 3 1999
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as ~bllows: ~
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are 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:
ao
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 $7,140.34 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
- 2 -
impact fee waiver qualification criteria detailed in the
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 REQU-IREMENT. 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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
Impact Fee
- 3 -
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
fii~een (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualifcation 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 ~ull 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 fi:teen (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year frst above written.
Witnesses:
rint Name '~_~-~,,;-~._ '~'~'~~7
STATE OF Florida )
COUNTY OF Collier )
OWNERS:
HABITAT FOR HUMANITY OF
~rar%[ ~. S~e mresXi~lent
- 4 -
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
,~ daybf '~,1999
Vice President of Habitat for Humanity of Collier Countj, Inc. He is personally
x,.//~~.~e~' .~_"~-Z- ~- or ~tamped
Name of Acknowledger Typed, Printed
ATTEST: ':"
DWIGHT E. BROCK, Clerk
.A. tt~st as to Chai'hua's
Signature onll.'"
Approved aS'to form and
legal sufficiency
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
PAMELA S. MAC'KIE//~HAIRWOMAN
jcl/c/naples manor addn/agree/bkl31otl4
- 5 -
EXIqIBIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
*** OR: 2518 PG: 1437
NXTF NS {IN
. *** OR: 2578 PG: 2560 ***
RESOLUTION NO. 99- g 11
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 40, BLOCK 11, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordande with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 40, Block 11 Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 40, Block 11 Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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 fi.om the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE
COLLIER COUNTY, FLORIDA, that:
1.
BOARD OF COUNTY COMMISSIONERS OF
The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 40, Block 11 Naples Manor Extension, Collier County,
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 40, Block
11 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, clerk
ttest as to Chatr~,s
Approvea as to mrm
legal sufficiency:
ne~di ~? X~ton '
Assistant Coun~ ARomey
BOARD OF COUNTY COMMISSIONERS
~A~E~SA ~. ~AC'rdE, CH/~WOM~aq
jd/c/Naples Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 40, BLOCK 11. NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
~.'¢0'
· 2502 PG:' 0812 **~
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi~ of ~. 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-,~// at its regular meeting of n~~~~, 1999; and
-- 3. --
WHEREAS, the Impact
Agreement with the COUNTY.
Fee Ordinance requires that the OWNER enter into an
NOW, THEREFORE, in consideration of the foregoing recitals, the parties.covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are 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 low 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 fa'st-time home buyer;
c. The Dwelling Unit shall be the 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 the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 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
- 2 -
impact fee waiver qualification
Ordinance.
criteria detailed in the Impact Fee
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
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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
- 3 -
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 (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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
~fi~t Name
~fint Sme~~
HABITA~ FOR HUMANIT~Y OF
By: ~g_4 i., //t2.t ~ ~ \
~/g'fiartl'~s ~2'. ~~e Pre'e~dent
STATE OF Florida )
COUNTY OF Collier )
- 4 -
[NOTARIAL SEAL]
· The foregoing instrument was acknowledged before me this _.~ day ~ ,1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier Counfy¢~c. He is personally
known to me.
t(mre of Person Taking Aclmox~I/~dgrnent
Name of Acknowledger Typed, Pn'ntedror Stamped
DATED: ~~-'~ ~/2'~/~
ATTEST:
DWIGHTE. BROCK, Clerk
· 5 Attest as to Chalrm~n's
^i prowd
legal sUfficiency
~sist~t Co~ty A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~~,7
:/PAME~~MAN
jd/c/naples manor addn/agree/bk131ot14
- 5 -
EXIHBIT "A"
LEGAL DESCRIPTION
LOT 40, BLOCK 11, NAPLES MANOR ExTENsION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA. ,
- 6 -
RESOLUTION NO. 99-_3_12.___
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 4, Block 12 Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 4, Block 12 Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
Co
D.
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY
COLLIER COUNTY, FLORIDA, that:
1.
o
THE BOARD OF COUNTY COMMISSIONERS OF
The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 4, Block 12 Naples Manor Extension, Collier County,
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 4, Block 12
Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
Fo
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Water Impact Fee
Sewer Impact Fee
Correctional Facilities Impact Fee
TOTAL IMPACT FEES
1,778.00
1,275.00
1,575.00
117.98
$7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BRocK,' Clerk
At'est
Sl~)fiati~re to~o~ and
Approved as
legal sufficicncg:
Heidi F. Ashton
Assistant Coun~ ARomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~(I~EL~ S. MAC'KIE, CH~I~VOMA~
jd/c/Naplcs Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
TION,
aCl~ NOWLE[:)~MF' NT
~C ~w~ Or rco~ TO ~C. ~WN ~O BC ~
· PC~ w~ CX~TCD .THC '~On~O~O
r~ ~ND ~HCY ~CK~W~DGCD. T~ CX~CUT~f~ Or.
-- .
,c. c.o,,.
',%
%
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this..q_ day of 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-,~/,,7, at its regular meeting of ~ ,1999; and
- 1 -
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 part{~s, eovenant 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") and site plan are 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:
a. The Dwelling Unit shall be sold to a household with a very low 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 of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is i~;sued 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 $7,140.34 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
- 2 -
impact fee waiver qualification criteria detailed in the Impact
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
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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
AU0 0:3
impact fees due with~ thing (30) days of said non-compliance, or (2) wh~e O~R v~o~ates
one of ~e affordable housing qualification c~te~a ~ ~e ~pact Fee O~n~ce fo~ a pe~od of
fi~een (15) ~ys a~er notice of ~e violation. :;
12. ~D~S. Should ~e O~R of the prope~ f~l to comply with ~e s~d
qualification criteria at ~y t~e d~ng ~e fiReen (15) ye~ period or should O~R violate
~y provisions of tbs A~eemem, ~e impact fees waived shall be p~d in ~11 by O~R wi~n
~ (30) days of said non-compli~ce. O~R a~ees ~t ~e impact fees w~ved shall
co~timte a lien on the Dwelling U~t co~encing on ~e effective date of ~s A~eement ~d
cont~uing for fi~een (15) ye~s ~om ~e date of issu~ce of~e ceffificme of occup~cy or ~til
rep~d. Such lien sh~l be superior ~d p~mo~t to ~e ~terest in ~e Dwelling U~t of ~y
o~er, lessee, ten~t, mo~gagee, or o~er person except ~e lien for Co~W t~es ~d shall be on
P~W wi~ ~e lien of ~y such Co~ t~es. Should ~e O~R be in default of ~s
A~eement ~d ~e default is not c~ed wit~ (30) days ~er ~en notice to O~R, the
Bo~d may bring a civil action to enfome t~s a~eement. ~ ad~tion, the lien may be foreclosed
or o~e~ise enforced by ~e CO~TY by action or suit ~ equiW ~ for the foreclos~e of a
mo~gage on re~ prope~. ~s remedy is cmulative with ~y other fi~t or remedy av~lable
to the CO~. The Bo~d shall be entitled to r~over all fees ~d costs, including a~omeys
fees, ~c~ed by ~e Bo~d in enforcing t~s a~eement, plus interest at the stamto~ rate for
jud~ents calculated on a calend~ day b~is ~til p~d.
~ ~SS ~E~OF, the p~ies have executed t~s A~eement for Waiver
of ~pact Fees on ~e date ~d ye~ first above ~Ren.
Witnesses:
STATE OF Florida )
COUNTY OF Collier )
OWNERS:
HABITAT FOR HUMANITYpF
co 'co .UNVV, INC/711
- C~ ~ ' ldent
- 4 -
The foregoing instrument was acknowledged before me this 3 day of~, 1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, l~c. He is personally"
known to me.
[NOTARIAL SEAL]
S~gn~/~e ofPers°n Taking'-'Acknowledl~nent
Name of Acknowledger Typed, Prigfed or Stamped
AUG 0
DATED: ~'-~,
ATTEST:
-DWIGHT E. BROCK, Clerk
Attest Rs to Chair~mm)'$
slgn'atuce onljF.
Approved as to form and
legal sufficiency
I-feidi F.'
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~."
jd/c/naples manor addrdagreePok131ot14
- $ -
OR'
2578 PG: 2573
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA. ,
- 6 -
R XTF NS {IN
ri-D AS IHOWN~ ANC)
A~--., K N OW L.F-..D GMr' N T
4~
/
-%,
-1 / :
/
~% '.'..::.,.
RESOLUTION NO. 99- 313
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 6, Block 12 Naples Manor Extension 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 6, Block 12 Naples Manor Extension, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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, Habitat for Humanity of Collier County, Inc. has qualified for an impact~fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 6, Block 12 Naples Manor Extension, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 6, Block 12
Naples Manor Extension by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
$7,140.34
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 -
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK,'~lerk
Attest as to ChalrZian's
Approved as to form and
legal sufficiency:
Heidi ~ ~s~ton'
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
PAMELA S. MAC'KIE, CI~IR~OMAN
/
jd/c/Naples Manor Extension/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
TION. ACI~NOWL.F-D~MCNT ~U~ ~ 3 19.1::J~
$?~Tr.. or rNONIO~
· PCN~N~ w~o CX~UT~D ,THC
T~N ~ND ~HCY ~G~W'~D~CD.
.4k
' 'I I
I I ..'t .... ',~'.
; ,. ,. :; .... .:
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi~of ~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER.'
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-~/,,.~ at its regular meeting of~, 1999; and
_ ']
WHEREAS, the Impact
Agreement with the COUNTY.
- AUG 0 3
Fee Ordinance requires that the OWNER enter into an
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are 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 fi.om 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 low 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 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 the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 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
- 2 -
AU6 I'I ~ 'IQQQ
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling L~nit 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 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 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.
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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
- 3 -
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 (l 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:
Print Nam~U~,a...,.,~
~P~fnt Name
OWNERS:
COLLIER,~DUNTY; INC.
C
STATE OF Florida )
COUNTY OF Collier )
- 4 -
The foregoing instrument was acknowledged before me this 3 day of~.,~... , 1999
by Charles C. Smith, Vice Premdent of Habitat for Humamty of Collier Coun~onally ..
known to me.
[NOT~ SEAL]
~ture of person Taking Acknowl0l~gment
ame of Acknowledger Typed, Printedj~Stamped
ttest as,.~4~,~Cha trman's
sl~ature cm 11~,
Approved as to torm and
legaI sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:/P~WOMAN
Heidi F. Ashton
Assistant County Attorney
jd/c/napIes manor addrdagree/bk131ot14
- 5 -
2578 PG: 2580
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
2518 ?6:1444
E XTE NS (IN
OR: 2578 PG: 2581
~.C. PC i'~ OWL-~ ~lv~ C r~J T
/.
-&
'. t
4&
August 3, 1999
Item #16A16
EXTENSION FOR THE TOURISM ADVERTISING AND PROMOTION AGREEMENT BETWEEN
COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY
Page 174
SECOND AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY
REGARDING ADVERTISING AND PROMOTION
THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this
.~ ~ day of ~)~:z;, 1999, by and between the Tourism Alliance of Collier County,
composed of Visit Naples, Inc. and the Marco Island Chamber of Commerce, Inc. on behalf of
the Marco Island and Everglades Convention and Visitors Bureau, hereinatter collectively
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, the COUNTY and the GRANTEE entered into a 1998 Tourism Agreement
dated September 1, 1998 (the "Agreement") in the amount of One Million, One Hundred
Ninety-five Thousand, Four Hundred and Twenty-nine Dollars ($1,195,429.00); and
WHEREAS, the COUNTY and the GRANTEE entered into a First Amendment to 1998
Agreement dated April 27, 1999; and
WHEREAS, GRANTEE has requested an extension to the term of the Agreement; and
WHEREAS, the COUNTY agrees to the requested extension.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 14 to the Agreement shall be deleted in its entirety and replaced with the
following language:
~RM: This Agreement shall become effective September 1, 1999 and shall
terminate on December 31, 1999. Any funds not used by GRANTEE during the term of this
Agreement shall be available for future applicants.
2. Except as set forth herein, all of the terms and provisions of the Agreement shall
remain in full force and effect.
TN W[TN~S$ W[~REOF, thc GRANTE~ and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals o~ thc date and yc~r first above
written. "*
DWIGHT. F.. BROCK, Clerk
to.
s'lgna,ture~only, ,,, ..
WITNESSES:.."
BOARD OF COUNTY COMMISSIONERS
By: ~" ' ~ '
PAMELA S. MAC'KIE, Chairwoman
GRANTEE
TOURISM ALLIANCE OF COLLIER COUNTY
Printed/Typed Name
Printcd/Typcd Name
By~
Printed/Typed Title
WITNESSES:
PHntcd/Typcd Name
By: Marco Island Chamber of Commerce, Inc.
Printed/Typed Name
Printed/Typed Title
(corporate seal)
Approved as to form and
legal sufficiency
Assistant County Attorney
h:/hg/hfa/99TDC/i'~ Amend The Tourism Alliance of CC
Item #16A17
FINAL PLAT OF .GOLDEN ACRES"
August 3, 1999
Item #16A18
PARTICIPATING PARTY AGREEMENT WITH GLOBAL MANUFACTURING TECHNOLOGY,
INC., AS PART OF THE CONTRACT REQUIREMENTS FOR THE 1999 CDBG ECONOMIC
DEVELOPMENT GRANT
Page 175
COLLIER COUNTY CONTRACT
PARTICIPATING PARTY AGREEMENT
1999 by and between the Board of County commissioners of Collier County,
Florida (hereinafter referred to as the "Recipient"); and Global
Manufacturing Technology, Inc. (hereinafter referred to as the "Company').
RECITALS
I. The Recipient is eligible for a Small Cities, Community Development
Block Grant for Economic Development (CDBG-ED) from the Department of
Community Affairs (hereinafter referred to as the ~DCA") State of
Florida in the amount of $750,000. The purpose of this grant is to
construct a manufacturing facility at an industrially zoned area known
as the Immokalee Regional Airport, which is owned by Collier County.
The specific conditions under which the CDBG-ED grant funds will be
expended shall be contained in a DCA Contract with the Recipient
(hereinafter referred to as the "Award Agreement).
II.
The CDBG-ED grant conditions the funding upon the Company taking
certain actions with regard to the development of the property at
White Lake for purposes consistent with the grant program.
III. The Recipient and the Company desire to memorialize their
understandings and obligations regarding the implementation of the
CDBG-ED grant to the Recipient.
THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for other
good end valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Recipient and the Company agree as follows:
The Recipient's CDBG-ED application, as revised per site visit,
submitted to DCA, dated March 26, 1999, (hereinafter "Application") is
incorporated herein by reference and made a part hereof. The Company
agrees to perform the specific activities previously agreed to by the
Company in the Application and those recited herein.
The term of ~his Participating Party Agreement shall commence he
date that it is duly executed by both parties, and shall expire on the,
date of DCA's approval of administrative close-hut of the Award
Agreement and when all other conditions as specified by the Award
Agreement and this Participating Party Agreement are met.
The Company will create and satisfactorily document the creation and/or
retention of at least Twenty Two (22) full-time equivalent permanent
net new jobs, of which Twelve (12) full-time equivalent permanent net
new jobs are to be made available to members of low income families as
specified in the Application. If more than Twenty Two (22) full-time
equivalent permanent net jobs are created, fifty-one percent (51%) of
those jobs shall be made available to members of low and moderate
income households. These jobs shall be created and/or retained no later
than twenty-four (24) months from the date of this Participating Party
Agreement, as it may be amended. Documentation shall be the Florida
Small Cities CDBG Program Pre-employment Household Income Verification
Form for each job created (Attachment A). The requirement for
documentation'of the creation and/or retention of these jobs shall be
retained for a period of three (3) years following the expiration of
this Participating Party Agreement.
o
The failure of the Company to create or cause to be created and/or
retained or satisfactorily document the creation and/or retention of
the agreed upon number of jobs made available to members of low or
moderate income households, shall be an act of default by the Company
under this Participating Party Agreement.
o
The Company shall provide or cause to be provided such training to
members of low and moderate income households, as may be necessary to
equip them with the skills required to obtain and retain the jobs
created that have been designated in Application Form E-10 (G)
(Attachment B) or any mutually agreed to revisions to Form E-10 (G).
2
e
If requested by the Recipient, the Company shall provide to the
Recipient or its agents such reasonable information concerning the.
project as the Recipient may reasonably require as it relates'
specifically to the conditions of the grant.
o
This Participating Party Agreement and any amendments thereto, must be
approved by the DCA as to form aid content prior to execution. Upon
approval of DCA, Participating Party Agreement shall be immediately
executed, and a copy shall be mailed to the DCA by the Recipient, The
right or approval granted to the DCA with respect to changes to the
Participating Party Agreement between the Recipient and the Company
shall survive the term of this Agreement. The DCA does not assume any
liability or responsibility for the accuracy or enforceability of this
Participating Party Agreement through the exercise of this right of
approval.
Any extension of the Award Agreement Pursuant to Florida Admin. Code
9B-43.014, shall act as an extension of this Participating Party
Agreement. Failure of the Recipient to notify the Company of such an
extension shall not invalidate this provision.
o
Enter into a lease for the Immokalee Regional Airport Manufacturing
Facility Phase II at a Fair Market Lease Rate through the Collier
County Airport Authority. The amount of the lease shall be determined
upon completion of the Immokalee Regional Airport Manufacturing
Facility Phase II based upon final costs. Rent charged to the Company
shall not exceed 5% (five percent) above the original negotiated lease.
10.
The Company shall be responsible for all maintenance for the Immokalee
Regional Airport Manufacturing Facility Phase II and shall secure
insurance of a type and amount to be negotiated with the Recipient.
11.
At a minimum, the Company shall participate in the State of Florida's
WAGES Program, and will hire at least one permanent full-time employee
who is currently seeking work through this program. The hiring of this
participant must be documented in writing with the Recipient as soon
3
after hiring as possible.
12.
Company, in consideration of Ten Dollars ($10.00~, the receipt and
sufficiency of which is acknowledged by the signing of this Agreement,
covenants and agrees that it will defend, protect and save and keep,
the Recipient, and its agents and employees, forever harmless and
indemnified against and from any claims, suits and actions, penalty,
damage, injury, attorneys' fees, costs or charges imposed, for any
violation of any law or ordinance by the Company, whether occasioned
by the neglect of company or those holding under Company, or
otherwise, and that company will at all times defend, protect,
indemnify and save and hold harmless the Recipient against and from
all claims, suits, actions, loss, injury, costs, attorneys' fees,
damage or expense, arising out of or incidental to the performance of
this agreement by the Company, or work performed by Company, its
agents and employees, under the CDBG-ED grant. This provision shall
also pertain to any claims brought against Recipient by any employee
of Company, any sub-contractor of the Company, or anyone directly or
indirectly employed by any of them.
4
IN WITNESS WHEREOF, the Recipient and the Company have executed this
agreement as of the date first written above.
ATTEST: ;. '~
DWIGHT E. BROCK
Attest,as.to.'.Chatrnan's
signature o~1~.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~DI"'F. ASHTON
ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVI~0~OF THE STATE OF FL0~I~A
By: ~AMELA S. MAC' KIE, CHA~WOMAN
Date: AU~ - 9 lggg
ATTEST:
By~~b~GLOBAL MANUFACTU~N,G~~~.TECHNOLOGY,6 k/., INC.
DONNA A. FOX - PRESIDENT/TREASURER
PRINT NAME AND TITLE
~/-r'- SIGNATu~
PRINT NAME AND TITLE
Date:
Date:
Attachment A
PRE-EMPLOYMENT
HOUSEHOLD INCOME VERIFICATION FORM
~qq~
NAME OF JOB APPLICANT
HOME
ADDRESS
PHONE
MAILING
ADDRESS
NUMBER OF PERSONS LIVING AT THE ABOVE ADDRESS
BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE
STATE WHETHER THE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED
RANGE DURING THE LAST TWELVE MONTHS.
NUMBER OF PERSONS IN
HOUSEHOLD
INCOME RANGE
FOR 1999
1 $0.00 TO
2 $0.00 TO
3 $0.00 TO
4 $o.oo TO
5 $0.00 TO
6 $0.00 TO
7 $0.00 TO
8 $0.00 TO
$33 100
$37.800
$42.550
$47 300
$51 05O
$54 85o
$58 650
$62 40O
WAS YOUR INCOME
BELOW THIS RANGE
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Please indicate how many people in each of the following categories reside in the
household. Some members may need to be counted in more than one category.
American Indian/Alaskan Native
Asian or Pacific Islander
Black, Non-Hispanic
Elderly (60+)
Female Head of Household
Handicapped
Hispanic
White, Non-Hispanic
The above information is required by the federal government solely to monitor compliance with
equal opportunity employment laws and will not be used for other purposes. Should a job
applicant decline to disclose the above information, the employer is required to note race and sex
based on visual observation or surname.
I affirm that the information stated on this form is true and accurately reflects the composition and income
data of the household in which I reside.
JOB APPLICANT'S SIGNATURE
G:\ CDBG Economic Development Grant - Incubator Facility Immok 1999\Letter - Pre-employment Verification Form.doc
( You may copy this form as needed )
DATE
6
Attachment B
,
(G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION
CDBG-E-10
SUPPORTING DOCUMENTATION THAT MUST
BE SUBMITTED WITH THE APPLICATION
PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION
NAME OF PARTICIPATING PARTY Global Manufacturing Technology, Inc.*
JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED
CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOR HIRING DATE
OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR
PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR
PERSONS TITLE LMI PERSONS
Assembly person $ 21,000 5 5 $105,000 $ 105,000 5/01-9101
Receiving/Attendant $ 21,000 1 1 $ 21,000 $ 21,000 12/2000
Machinist $ 25,000 4 0 $ 100,000 6/01 -- 9/01
CNCOperators $ 20,000 4 4 $ 80,000 $ 80,000 05/01-09/01
CustomsTech. $ 25,000 1 0 $ 25,000 09/2001
Maintenance Worker $ 18,000 2 2 $ 32,000 $ 32,000 06/01-09/01
Wet Process. Painters $ 24,000 2 0 $ 48,000 08/01-09/01
Assembly Supervisor $ 30,000 I 0 $ 30,000 07/2001
Bookkeeper $ 25,000 I 0 $ 25,000 09/2001
GeneralManager $ 30,000 1 0 $ 30,000 10/2000
TOTALS 22 12 $ 496,000 $ 238,000
August 3, 1999
Item #16A19
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND PRIMESITE CONSULTING GROUP,
INC. FOR THE CONSTRUCTION AND OPERATION OF A MONOPOLE COMMUNICATIONS
TOWER WITHIN THE SOUTH WATER TREATMENT PLANT SITE
Page 176
GROUND LEASE AGREEMENT FOR
COMMUNICJ, TIONS TOWER
AU6- 3 1999
Site'.
THIS GROUND LEASE AGREEMENT ("Lease"), is entered into
effectively on then~_z~-day of z57~.o.,,~e,~,,/.a/q~,, the ("Commencement Date"),
and between the two (2) parties: Collie~ County ("OWNER") and Primesite Consulting
Group, Inc. A Florida corporation (hereinafter "TENANT"). The parties agree as
tbllows:
1. The Property:
Owner's Property; The Leased Area; And Tenant's
Property.
A. OWNER owns a pargel of land that has the following address: GOLDEN
GATE WATER TREATMENT PLANT, Collier County, Florida, herein called
("OWNER's Land"), which is shown on attached Exhibit Al. TENANT is in the
communications business and desires to lease land and an access easement thereto,
referred to herein collectively as the LEASED AREA. OWNER's property is a parcel of
land that is larger in area than the LEASED AREA whereby the LEASED AREA is but a
part of OWNER's Land. All personal property brought onto the LEASED AREA by or
on behalf of TENANT is referred to herein as "TENANT's Property." Any personal
property brought onto the LEASED AREA by OWNER or on behalf of OWNER is
referred to herein as "OWNER's Property." Any property brought onto the LEASED
AREA by any third party is referred to herein as "Third Party Property."
B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is
not a Franchise under any law, rule or regulation. The LEASED AREA comprises 3600
square feet of land: a 60 foot by 60 foot parcel, plus an access easement thereto; both of
which are as shown on the attached Exhibit A.
C. OWNER and TENANT ("the parties") hereby agree that the LEASED
AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may
replace Exhibit A and become a part hereof and shall supersede the Exhibit A in the event
of any discrepancy between such survey and the general reference description of
Paragraph 1 .B., above.
2. 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, 365 days a year. No above-
ground structures shall be constructed in that access easement without the expressed
written consent of TENANT. Refer to "Access Clarification Addendum," attached
hereto, regarding this paragraph.
3. Lease Term And Rent.
A. RENT PAYABLE IN MONEY This lease has an initial term of ten (10)
years from its Commencement Date. The initial annual rent shall be THIRTY SIX
THOUSAND ONE HUNDRED TWENTY Dollars ($36,120.000), pro-rated at 1/1~'m of
the total per month. One year's annual rent shall be paid annually in advance beginning
on the Commencement Date, and thereafter not later than each anniversary of the
Commencement Date. Rent shall be paid to OWNER (or as OWNER may otherwise
direct to TENANT fi'om time-to-time in writing at least 30 days before the respective
next rent payment due date). Prior to and until the first day of the month following
commencement of delivery of any of TENANT'S property onto the LEASED AREA,
the Annual Rent shall be Twelve Hundred Dollars ($1200.00), twelve (12) months of
which shall be prepaid in advance. Any unearned balance thereof shall be credited
against TENANT'S first payment of the initial annual rental. In the event that TENANT
has not delivered any of its Property to thc LEASED AREA prior to the first anniversary
AUG- 3 1999
date of this lease, TENANT may either terminate this Agreement for whatever reason
upon written notice to Owner, without further obligation or liability to OWNER; or
TENANT may elect that this Agreement remain in full force and effect. If this
Agreement remains in effect, the $100.00 per month rent shall automatically increase to
the specified annual rental per year, payable in full for the second lease year 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 monthly rental payment
not paid promptly when due. Any amounts not paid within thirty (30) days of its due date
shall also accrue interest of two percent (2%) per month or at the highest interest rate then
allowed by law, whichever is the higher rate, which interest shall be paid by TENANT to
OWNER. As additional one-time consideration for the execution of this Lease by
OWNER, TENANT will pay OWNER the sum often thousand dollars ($10,000.00) to be
used by OWNER to make improvements to OWNER'S LAND.
B. CASH DEPOSITS BY TENANT. TENANT shall also at the time of the
payment of the first annual rent, deposit with OWNER a refundable rent security deposit
of two month's rent plus TEN thousand dollars ($10,000), which deposit may be used by
OWNER in the event TENANT breaches this Lease and any breach results in OWNER
incurring expenses that would have not been incurred but for TENANT'S breach,
including expenses for removal of any of TENANT'S property (including the tower)
from the LEASED AREA. If in time OWNER deems such deposit, with accrued
compounded interest accrued thereon, to be insufficient to insure the necessary funds to
be available to remove the tower and all other of TENANT'S property from the LEASED
AREA, TENANT shall increase that deposit as demanded in writing by OWNER, but not
to exceed fifteen thousand dollars ($15,000) unless OWNER has good cause to conclude
that such projected actual costs will exceed the then existing security deposit. OWNER
shall have all right and title to interest that accrues on all security deposits. If the parties
hereto should enter one or more other tower site leases at one (1) or more other sites,, this
deposit may be applied by OWNER to any one, some, or all of said other sites.
C. LEASE EXTENSIONS. This lease shall have an initial term of ten (10)
years. Provided OWNER has not then delivered to TENANT notice that OWNER has
declared TENANT to be in default of this Lease, this Lease shall be automatically
extended for five (5) additional years the end of the initial term of ten (10) years provided
that not more than three hundred and sixty (360) days prior to the last day of the tenth
(10~) 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 ~OT to extend the Lease.
Failure to supply such written notice shall operate as an extension of this Lease effective
on the last day of the tenth (10th) lease year. AFTER THE FIFTEENTH LEASE YEAR:
Provided OWNER has not then delivered to TENANT notice that OWNER has declared
TENANT to be in default of this Lease, this Lease may be extended for an additional five
(5) years at the end of the fifteenth (15th) lease year provided that not more than three
hundred and sixty (360) days prior to the last day of the fifteenth (15t~) lease year and not
less than one hundred and eighty days (180) prior to that date, TENANT advises
OWNER in writing of TENANT's intention to extend the Lease and commence
negotiations in that regard. Unless at that time waived in writing by the Board of County
Commissioners, failure to supply such written notice shall operate as a termination of this
Lease effective on the last day of the fifteenth (15th) lease year.
D. AUTOMATIC RENT INCREASES. Commencing with the sixth (6a~)
lease year, the annual rent for sixth lease year through the tenth lease year be the annual
rent for the fifth lease year multiplied by one hundred and twenty percent (120%).
Commencing with the first day of the eleventh (11h) lease year, the annual rent for
eleventh lease year through the fifteenth lease year shall be the rent for the tenth lease
year multiplied by one hundred and twenty percent (120%), which should be one hundred
and forty-four percent (144%) of the rent for the fifth lease year. If the Lease, by mutual
agreement, is extended beyond the fifteenth (15th) year, the existing annual rent for the
sixteenth (16t~) lease year shall not be less than one hundred and seventy three (173%) of
the rent for the fifth lease year unless agreed otherwise. Subject to OWNER'S timely
receipt of such written notice of TENANT'S intention to extend the lease beyond the
AUG- 3
fifteenth (15t~) lease year, OWNER and TENANT will negotiate in good faith to come to
mutual agreement regarding terms and conditions of that extended lease term, which will
become applicable as of the first day of the sixteenth (16a) lease year. If OWNER
receives effective notice to extend the Lease but the parties can ~ot mutually agree to
extend the lease on or before the last day of the fifteenth (15th) lease year, the lease shall
terminate on the last day of the fifteenth (15th) lease year unless ~ parties then agree to
continue thc negotiations. ~
4. Use Of The Leased Area and Maximum Height of Structures.
A. TENANT shall use the LEASED AREA to construct, replace, maintain,
repair, and operate its communications facilities, consisting of one (1) monopole
communications tower that shall not exceed a height of TWO HUNDRED (200) feet
above ground level ("AGL"), exclusive of any and all antennas that will be installed
thereon; antenna support structures and/or related operational facilities may be
constructed on or near the ground within the LEASED AREA. TENANT shall license
part of the tower and needed LEASED AREA to third parties, and use the leased area for
any other then lawful uses directly related thereto. No antenna or other thing installed on
the tower or at the LEASED AREA shall exceed a height of TWO HUNDRED (200) feet
AGL. Subject to other provisions regarding approvals and technical specifications
related thereto, any and all antenna arrays (including those of Third Parties) may from
time-to-time be modified, added to, or substituted from. Each structure may be
configured as requested by TENANT fi.om time-to-time, provided TENANT, at its sole
expense, obtains all permits and/or other approvals required by all applicable
jurisdictions, including OWNER, for each configuration.
B. PLANS REVIEW BY OWNER.
1999
i. OWNER shall have the right to review and approve all plans for any and ali
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) shall submit a copy of its plans and specifications for
all improvements to OWNER for review and/or approval. No improvement,
construction, installation or alteration shall be commenced until plans for such have been
approved by OWNER and any and all applicable permits have been issued to authorize
same. Such plans shall include, if applicable to the improvement, fully dimensional site
plans that are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height
and type of fencing; (iv) the proposed color of all structures, including fencing; and, (v)
the proposed type of construction for all structures, including fencing, and any other
relevant details that OWNER may request in that instance.
ii. All improvements shall be constructed in a workmanlike manner and shall
be completed in compliance with all then applicable laws, rules, ordinances and
regulations. Improvements to or within the LEASED AREA (and within the easement
access area) shall be at no expense to OWNER. TENANT and all Licensees shall always
maintain all of their improvements in a reasonable and functional condition throughout
the life of this Lease to the reasonable satisfaction of OWNER.
iii. TENANT shall allow OWNER free access to OWNER'S personal property
within the LEASED AREA at all reasonable times that OWNER desires such access. In
the unlikely event that OWNER may be required by law to install other personal property
within the LEASED AREA, OWNER reserves the right to do so free of charge provided
such property does not materially harm full use of the tower by TENANT and/or by any
third party licensee whether or not then actually present on the tower or the LEASED
AREA.
iv. OWNER has no knowledge of any potential requirement to install any such
property within the LEASED AREA. If the LEASED AREA is in a park, landscaping
and security fencing are of particular concern to OWNER; And therefore TENANT shall
be required to install, repair, and maintain landscaping and security fencing to the
reasonable satisfaction of OWNER. AU{} - 3 1899
C. A T LEAST THREE COMMUNICATIONS SYSTEMS.
i. 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 first right of refusal to use all parts of the tower that are above NINETY (90) feet and
below Two Hundred (200) feet above ground level ("AGL").
ii. TENANT hereby grants to OWNER the option (by license) to utilize, flee
from the payment of any rent or any other charses whatsoever, that thirty foot (30') wide
portion (band) of the tower between NINETY (90) feet AGL and THIRTY (30') feet
above that level. OWNER may advise TENANT at any time(s) of OWNER'S desire to
use such area, but OWNER 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 TENANT to
license that space. OWNER may take up to sixty (60) days from the 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 shall thereby
immediately release that space to TENANT for licensing to that Third Party. TIME IS
OF THE ESSENCE regarding OWNER making its decision and OWNER must notify
TENANT of its final decision at TENANT's earliest opportunity.
iii. These valuable assets are to be used and shall not be reserved for remotely
possible future uses. TENANT shall grant a non-assignable license to the remaining
area(s) on the tower, (and such ground space as is then required) to a Third Party or
Parties on such lawful and reasonable terms and conditions as chosen by TENANT. If
space that is subject to Owner's option is licensed to a Third Party and that license comes
to an end because that third party licensee no longer desires to utilize that space and that
license is not assigned or otherwise transferred to any other responsible party, that
circumstance shall automatically reinstate OWNER's option to elect to use that space,
which option OWNER may then exercise or may wait until there is another offer from a
Third Party to use that space. If OWNER decides to use that space, OWNER shall be
required to meet the terms of the offer from the Third Party, except the total amount of
rent and/or other payments that OWNER must pay to TENANT shall never exceed the
rent then payable to OWNER by TENANT.
iv. In the event OWNER desires to install equipment on the Tower, OWNER,
at OWNER's expense, shall submit to TENANT the following: (a) detailed site plans as
well as plans and specifications setting forth the proposed antenna and all other
equipment, as well as all construction, installation, and other work to be performed on the
Tower and LEASED AREA; and (b) a list of all frequencies then currently or then
anticipated to be licensed, assigned or otherwise granted to OWNER by the FCC.
v. If required by TENANT, OWNER shall also submit a structural analysis of
the Tower addressing the installation of additional antenna and other equipment on the
Tower and demonstrating that the installation of such items will not exceed the wind
loading or other relevant capacities of the Tower. OWNER shall not install any
equipment or commence any work on the Tower or the LEASED AREA until TENANT
approves, in writing, the OWNER's plans and specifications, frequencies, and structural
analysis, if any; such approval to be given in TENANT'S reasonable discretion.
4
vi. NON-INTERRUPTION AND NON-INTERFERENCE. No activity of
any user or any representative of any user shall interrupt or unreasonably interfere with
any operation of any other users of the LEASED AREA. AIJ{} - ~[
THIRD PARTY LICENSEES.
i. Each license (which includes each user of the tower) shall always be
subject to 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 any needs of any Third Party, and TENANT has no obligation to
modify anything to suit OWNER's needs or needs of any Third Party. Each Licensee
shall be solely responsible for the cost of locating and placing its property on the tower
and on the LEASED AREA. 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. Each Third Party, at that Third Party's expense, shall submit to TENANT
the following: (a) detailed site plans and with specifications setting forth the proposed
antennas and other equipment, the height and location of such antennas and other
equipment, and the construction, installation and other work to be performed on the
Tower and on the LEASED AREA; and (b) a list of all frequencies then currently or then
anticipated to be licensed, assigned or otherwise granted to the Third Party by the FCC. If
requested by TENANT, the licensee shall supply to TENANT a structural analysis of the
Tower addressing the installation of additional antennas and other equipment on the
Tower by the Third Party and demonstrating that the installation of such antennas and
equipment will not exceed the wind loading or any other relevant capacity of the Tower.
The Third Party shall not install any equipment or commence any work on the Tower or
the LEASED AREA until TENANT approves, in writing, the Third Party's plans and
specifications, frequencies, and structural analysis (if any), such approval to be given in
TENANT'S reasonable discretion.
iii. Each Third Party's use of the Tower and LEASED AREA shall be limited
to the antennas and other equipment and frequencies approved and expressly agreed upon
in advance by TENANT.
iv. Each 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.
v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE
REQUIREMENTS. Each Third Party shall assume all risks in connection with the
installation, operation, maintenance, repair, replacement and removal of its antennas and
all other property located on the LEASED AREA, including the Tower. Each 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 and
the LEASED AREA 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 on such policies. All insurance policies shall
be written with insurance companies qualified to do business in State of Florida and shall
always provide for (require) thirty (30) days written notice to TENANT prior to
cancellation. Certificates of such policies shall be delivered to TENANT prior to the
installation of the Third Party's equipment. Further, each Third Party shall reimburse
~U6 -
TENANT for any damage to the Tower and 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 the act or omission of
such Third Party or its respective agents, contractors or employees including, without
limitation, the use of the Tower, the LEASED AREA, and third party's equipment, and
the breach of any contractual obligation to OWNER 'and/or TENANT.
vi. Subject to provisions to the contrary: in the specific licensing agreement, the
Third Party's license is assignable or otherwise transferable to a responsible party that
assumes of the Third Party's duties and obligations.
vii. TENANT and OWNER shall have the right to have a representative present
during the installation of each Third Party's antennas and other equipment.
viii. Each Third Party's installation of antennas and other equipment on the
Tower and the LEASED AREA shall be performed on dates and at times and within time
frames approved by TENANT in writing and shall not interrupt or interfere with the
operation of TENANT'S communications system or TENANT'S equipment unless
TENANT agrees in writing to such interruption or interference.
E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY.
i. TENANT must maintain, repair and replace the Tower, and all of its
equipment and all of its property to the highest quality construction, repair and
maintenance standards during the entire life of this Lease.
ii. To protect the integrity of the Tower, all maintenance, repair and/or
replacement performed on OWNER's Property shall always be done in a workmanlike
manner consistent with TENANT'S high quality construction standards.
ii. To protect the integrity of the Tower, each Third Party agrees herein (and
must in its license agreement agree) that all maintenance, repair and/or replacement
performed by it or on its behalf shall always be done in a workmanlike manner consistent
with TENANT'S high quality construction standards.
iv. PLAN REVIEW BY TENANT. Subject to the exceptions noted in the
paragraph (v.) below, prior to the commencement of any other than ordinary
maintenance, repair or replacement work on OWNER's Property, OWNER shall submit
to TENANT for approval plans and specifications of the maintenance, repair and
replacement work to be performed. TENANT Shall have the option to comment upon
such plans, specifications and contractor prior to the commencement of any maintenance,
repair or replacement work, all at the Property Owners' expense.
v. ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT.
Notwithstanding any other provision in this Lease, each user of the tower may conduct its
maintenance, repair and/or replacement provided same consists of only ordinary
maintenance, replacement or switching of component parts and does not increase the
height of the tower, cause any antenna or other thing to exceed the maximum height
allowed for that antenna or other thing, or add to the tower so as to increase the maximum
total wind loading then being allocated to that user, or otherwise constitute any material
change to any site plan, building plan, or other permitted use. All such activities that do
not then require a building permit or any other formal authorization from any other
County Department shall be approved by letter of summary authorization from the
Franchise Administration Department or by the County Administrator or his/her
designee. Such (minor) changes by any user of the tower shall not require any formal
amendment or addendum to this Lease or require any approval by OWNER, TENANT,
any Third Party, or from Board of County Commissioners. The person who grants such
summary approval shall concurrently deliver a copy each such letter of approval to all
other occupants (users) of the LEASED AREA for informational purposes only.
vi. NOTICE TO TENANT OF NEED TO HA VE PHYSICAL ACCESS TO THE
TOWER OR LEASED AREA. Whenever possible, OWNER shall provide TENANT with
at least forty-eight (48) hours notice prior to any maintenance, repair, replacement work
or any other activity that will require access to the Tower or to the LEASED AREA. If
an emergency exists (or there is a REASONABLE immediate need to exercise police
power) in which case notice shall be provided to TENANT not later than twenty-four
(24) hours after access to the Tower or the LEASED AREA has occurred. TENANT
shall have the right to have a representative present during any non-emergency
maintenance, repair or replacement by OWNER (or Third Party Licensee) that will
require access to the Tower and/or to the LEASED AREA.
F. INTERFERENCE. Each user of the tower must be able to conduct its
business thereon without electrical interference from any other user of the tower.
TENANT agrees to install communications equipment of a type and frequency which
will not cause interference with OWNER's equipment at the LEASED AREA. In the
event TENANT'S equipment causes interference with OWNER's equipment at the
LEASED AREA, TENANT will take all steps necessary to correct and eliminate such
interference at TENANT'S sole cost and expense. OWNER agrees not to allow any
future use of OWNER's equipment or addition and/or modification to any current use of
the Tower or OWNER's property that causes interference with or the improper operation
of the Tower, TENANT'S equipment, or any of TENANT'S communications signals or
any system. If any addition or modification to the OWNER's equipment causes
interference with TENANT'S equipment or communications signal and/or system,
OWNER, upon notification of such interference, agrees to promptly remedy such
interference at OWNER's expense until such interference is corrected to TENANT'S
reasonable satisfaction. In the event OWNER and TENANT cannot resolve such
interference problems, OWNER and TENANT agree to resolve any interference disputes
by arbitration which shall be performed in accordance with the 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
the 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 on the tower
or otherwise within the LEASED AREA.
H. OWNERSHIP OF TOWER AND OTHER PROPERTY.
i. During The Life Of This I~.ase: The Tower shall remain the property of
TENANT during the entire life of this Lease. Any other property brought onto the
LEASED AREA by or on behalf of TENANT shall remain the property of TENANT
during the life of this Lease and after termination of this lease. All property brought upon
the LEASED AREA by OWNER shall remain the property of OWNER. All property
brought upon the LEASED AREA by any Third Party shall remain the property of that
Third Party during the life of this Lease and after expiration or termination of this Lease
except as may be specified otherwise in the respective controlling license agreement for
the subject property of that Third Party licensee.
AU0- 3 1999
ii.
this Agreement, TENANT shall, at no cost to OWNER, remove the tower and all of its
other property from the LEASED AREA unless OWNER directs that TENANT not
remove same. If the termination or expiration of this Lease occurs before an extension
into the eleventh lease year (See Section 3 (C)), and if OWNER desires to acquire
ownership of the tower, Owner must pay to TENANT the then depreciated book value of
the Tower minus any off-setting claims that OWNER then has against TENANT. If this
lease expires or is terminated at, er the Lease is extended into the eleventh lease year (per
Section 3 (C)), OWNER may elect to direct to TENANT that TENANT shall not remove
the tower from the LEASED AREA, whereby the Tower shall thereby 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 the tower.
AU6- 3 1999
At Expiration or Termination of Lease: Upon expiration or termination or'
iii. Third Party Licensee. S: 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 unless this requirement is then
waived in writing by OWNER. All property removed by TENANT or Third Party shall
be removed by or on behalf of its then owner without delay and at no cost to OWNER.
Removal of all property by or on behalf of TENANT and each Third Party shall be done
in a workmanlike manner and the LEASED AREA shall be restored by TENANT, at no
cost to OWNER, to its original condition, only normal wear and tear excepted. OWNER
may, however, then grant to each respective Third Party a license from OWNER to
remain on the Tower and/or the LEASED AREA, in which event the property of the
Third Party may remain on the tower and/or LEASED AREA in accord with such
license.
iv. Bill. of .Sale: In the event that OWNER desires to acquire ownership of the
tower, for record keeping purposes and County property inventory control purposes,
TENANT will, at no cost to OWNER, convey to OWNER a Bill of Sale for the Tower.
Absent a controlling law to the contrary, failure to convey the Bill of Sale shall not,
however, affect the total automatic transfer of title to the Tower to OWNER.
5. Termination Of This Lease By TENANT
A. During First Lease Year. If any of the following events (paragraphs i
through iv) occur, TENANT has the right to immediately terminate this Lease by
delivering to OWNER written notice of such termination before three hundred and sixty-
five (365) days of the Commencement Date of this lease.
i. TENANT determines, in its sole discretion, that it will be unable to obtain
all necessary Governmental Approvals for TENANT'S intended uses of and
improvements to the LEASED AREA as desired by TENANT; or
ii. TENANT'S application for any Governmental Approvals necessary for
TENANT'S use of the LEASED AREA and/or TENANT's Property and improvements
desired by TENANT is denied or becomes commercially impracticable; or
iii. Any Governmental Approvals necessary for TENANT'S use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or hereat~er
desired by TENANT, have been canceled, have expired, have lapsed or have otherwise
been withdrawn, terminated or denied so that TENANT, in its reasonable judgment,
determines that it will no longer be able to use the LEASED AREA for TENANT'S
intended uses; or
iv. The Federal Communications Commission ("FCC") allocates the
frequencies at which TENANT may operate the subject antennas and related equipment
and may 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 the LEASED AREA obsolete; or
8
AUG-- 3 1999
v. If TENANT determines that the LEASED AREA has become unsuitable
for TENANT'S operations due to changes in system design or network design or in the
types of equipment used in such operations, or TENANT'S operations at the Property
become unprofitable. :
vi. Any timely termination notice delivered to OWNER by TENANT shall
cause this Lease to expire with the same force and effect as though the date set forth in
such notice were the date originally set as the expiration date of this Lease and the parties
shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the OWNER under this Lease.
vii. OWNER shall have at its sole discretion the option of terminating this
LEASE if TENANT conclusively and finally loses its'~license(s) from the FCC to provide
TENANT/cellular services for any reason, including, and not limited to, non-renewal,
cancellation, or expiration of same. If the loss of the license(s) is not due to any fault of
'TENANT, and OWNER desires to own the tower and/or other facilities, OWNER shall
pay to TENANT the then depreciated book value ofl the tower (and any other facilities
that may be conveyed by agreement between TENANT and to OWNER). If the loss of
license(s) is due to the fault of TENANT, including non-feasance, such loss of license(s)
shall, at OWNER's election, forfeit the tower to OWNER. OWNER may also 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 of its
necessary related facilities.
B. Subsequent to First Lease Year. Subject to the following paragraphs (i
through iii), TENANT has the right to immediately terminate this Lease by giving written
notice to OWNER of such termination anytime subsequent to three hundred and sixty-
five (365) days of the Lease's Commencement Date.
i. TENANT deeds the Tower to OWNER free and clear unless OWNER
instructs TENANT to remove the tower, in which event TENANT shall have the tower
removed and have the LEASED AREA restored to its original condition, ali at no cost to
OWNER.
ii. OWNER shall retain all prepaid rent for the then applicable lease year and
TENANT shall pay to OWNER the applicable twelve month's rent for the entire
following lease year (12 months).
iii. This option to terminate does not in anyway bar, prevent or impede
TENANT from selling the tower to a responsible third party, which entity must become
an assignee of this Lease prior to any effective sale of the tower and/or other property of
TENANT.
6. Assignment And Subletting.
A. TENANT shall not assign, transfer or otherwise convey this Lease, in
whole or in part, by operation of law or otherwise, nor mortgage or pledge this Lease or
any of TENANT's property or any part thereof, nor sublet or license any part of (space
upon) 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.
Each entity that becomes a successor in interest (by whatever means) of TENANT rights
under this Lease must be a responsible entity that will enable all users of this tower and
LEASED AREA to continue to conduct their activities on the tower and LEASED AREA
without undue inconvenience and without additional expense. Any assignment or other
transfer whatsoever not expressly authorized by OWNER in writing shall, be void ab
initio.
AUG- 3 1999
B. Except to the extent, if any, that is concurrently agreed to in writing by
OWNER (a partial or complete novation), no consent by OWNER to any assignment,
lease, sublease or any other transfer by TENANT shall relieve TENANT of any
obligation to be performed by TENANT under this Lease, whether arising before or after
the assignment, sublease or other transfer. The consent by OWNER to any assignment,
sublease, or other transfer, shall not relieve TENANT from the obligation to obtain
OWNER's express written consent to any other or subsequent assignment(s), sublease(s)
or any other transfer(s). TENANT will in fact license space on the tower for installation
of antennas by Third Parties and TENANT will concurrently license space on the ground
to each of those Third Parties for location of their equipment as needed and as related to
their antennas installed or to be installed on the tower.
C. Any sale or other transfer, including by consolidation, merger or
reorganization, by sale or transfer of a majority of the then outstanding voting stock of
TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority
interest (whether of profits, losses, capital, or voting power) or of a majority of the
persons that then comprise the managers of the partnership (if TENANT is than a
partnership), shall not be considered to be an assignment for purposes of this Section 6.
D. Subject to all conditions regarding assignments, nothing herein prevents
TENANT from assigning this lease during the first lease year.
7. Utilities. TENANT shall be responsible directly to all serving entities for all
utility services used at the LEASED AREA. OWNER agrees to cooperate with
TENANT in its efforts to obtain utilities 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 observed 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 extent that they result
from or arise directly out of: (i) the acts or omissions of OWNER, its agents and
employees in, on or about the LEASED AREA and/or access easement area, excepting,
however, such claims or damages as may be due to or caused solely by the acts of
TENANT, its employees or agents; and/or (ii) OWNER's breach of any term or condition
of this Lease on OWNER's part to be observed or performed.
C. TENANT shall provide OWNER with a certificate of insurance, issued by
an insurance company licensed to do business in the State of Florida proving that
TENANT then carries comprehensive general liability insurance with limits of liability
thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for
bodily injury and/or property damage together with an endorsement for contractual
liability. Such insurance shall name OWNER as an additional insured with respect to the
LEASED AREA and with respect to TENANT'S Property. TENANT will provide
OWNER with a renewal certificate within ten (10) business days of OWNER's request
for such certificate. Any insurance required to be provided by TENANT under this
Paragraph 8 may be provided by blanket insurance policy covering the LEASED AREA
and TENANT'S Property and other locations of TENANT, provided such blanket
insurance policy complies with all of the other requirements of this Lease with respect to
10
AU6 3 '1999
the type and amount of insurance required. TENANT may also fulfill its requirements
under this Section 8 through a program of self-insurance. If TENANT elects to self-
insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance
program then in effect provides for coverage equal to or greater than that required of
TENANT herein by private insurance. OWNER cannot be certain that the specific
insurance requirements specified in this Lease will be adequate with the passage of time;
therefore, OWNER reserves the right to reasonably amend the insurance requirements by
issuance of Notice in writing to TENANT, whereupon receipt of that Notice TENANT
shall have sixty (60) days in which to obtain the required additional insurance, unless, for
good cause, OWNER requires that such insurance be acquired in less than sixty (60)
days.
D. OWNER shall provide TENANT with 8 certificate of insurance, issued by
an insurance company licensed to do business in Florida indicating that OWNER carries
comprehensive general liability insurance with limits of liability thereunder of not less
than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or
property damage, together with an endorsement for contractual liability. OWNER will
provide TENANT with a renewal certificate within ten (10) business days of TENANT'S
request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above, shall be
written so as to provide that the insurance company waives all rights of recovery by way
of subrogation it may have against OWNER or TENANT in connection with any loss
and/or damage covered by such policy. The OWNER and TENANT agree and hereby
release each other with respect to any claim (including a claim for negligence) which the
other party may have against such party for loss, damage or destruction of, or liability for
damages to, the LEASED AREA and/or TENANT's property occurring during the term
of this Lease, as same may be extended, and normally covered under a fire insurance
policy with extended coverage. Notwithstanding anything contained in this Lease to the
contrary, the provisions of this Paragraph 8.E. shall control.
F. ASSUMPTION OF RISK BY TENANT. TENANT accepts the LEASED
AREA "as is." TENANT, for its officers, agents, affiliates, contractors, materialmen,
suppliers, laborers, and employees (collectively "TENANT" for the purposes of this
Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the
LEASED AREA and on the access easement area, and hereby agrees to indemnify and
hold harmless OWNER and all Users against and fi.om any claim asserted or liability
imposed upon OWNER or any User for personal injury or property damage to any person
(other than from OWNER's gross negligence) arising out of the TENANT'S installation,
operation, maintenance, repair, and/or condition or use of the LEASED AREA and/or the
access easement area, or TENANT'S failure to comply with any federal, state or local
law, ordinance, rule or regulation.
9. TENANT Defaults.
A. The occurrence of any one or more of the following events shall constitute
an "Event of Default" of this Lease by TENANT:
i. The failure by TENANT to make any payment of rent as and when due.
Each rent payment shall be mailed to 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, in which case OWNER shall give
TENANT at least ten (10) days notice of intent to declare a default for failure to pay that
rent payment on time.
11
AU6- 3 1999
ii. The 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. (1), above, where such failure shall continue for a period of thirty (30)
days aider 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 its full completion.
iii. If TENANT abandons or vacates the Property, of if any Trustee does not
unconditionally assume this lease pursuant to applicable bankruptcy or other laws.
iv. To the extent allowed by law, if TENANT is adjudicated a bankrupt or
makes any assignment for the benefit of creditors, or if TENANT becomes insolvent, or
OWNER otherwise reasonably believes itself to be insecure. If TENANT becomes
insolvent or OWNER reasonably believes itself to be insecure, the TENANT or Trustee
must provide LESSOR with adequate assurances of future performance before this lease
can be assigned in bankruptcy or for the benefit of creditors. Any such assignment shall
require the assignee to provide LESSOR with a security deposit of one year's rent at the
then existing rental rate. The assignee must be able to immediately continue operation of
TENANT's facilities at the tower site and not unduly inconvenience any then existing
operation at the tower or LEASED AREA. TENANT shall remove its personal property
only to the extent that such removal does not result in any shutdown of any of the other
communications operations on the tower or the LEASED AREA.
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 not 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 property from
TENANT's Property, except as needed to accomplish emergency repairs or emergency
exercise of police powers.
D. In the event of a material default of this Lease by TENANT, OWNER shall
have 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 demand or
notice, to either (a) declare this Lease at an end. If ordered by OWNER, TENANT shall
immediately remove the tower and its property as specified by OWNER, and TENANT
shall then pay to OWNER a sum of money equal to the total of (i) the amount of unpaid
rent, if any, then accrued through the date of termination; (ii) the amount by which the
unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to
compensate OWNER for all detriment proximately caused by TENANT'S failure to
perform its obligations under the Lease: or (b) without terminating this Lease, OWNER
may relet the tower, for the account of TENANT upon such terms and conditions as
OWNER may deem advisable, and any moneys received from such reletting shall be
applied first to the expenses of such reletting and collection, including reasonable
attorneys' fees, real estate commissions paid, if any, and thereai~er be applied toward
payment of all sums due or to become due to OWNER hereunder, and ifa 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.
12
E. No re-entry and taking of possession of TENANT's Property by OWNEI~IJ{j
shall be construed as an election on OWNER's part to terminate this Lease, regardless of
the extent of renovations and alterations by OWNER, unless a written notice of such
specific intention is given to TENANT by OWNER. Notwithstanding any reletting
without termination, OWNER may at any time thereafter elect to terminate this Lease for
any such previous breach.
10. Notices.
All notices hereunder must be in writing and, unless otherwise provided herein,
shall N, der ':led 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 the person listed below to whom
notices are sent.
- 3 199!
TENANT:
Atm.: Charles Bernardo
Telephone Number: (813) 985-9365
With a copy to:
Address:
Attention:
Telephone No.:
PrimeSite Consulting Group
10914 N. 56t~ St., Tampa, FL 33617
Charles Bernardo
(813) 985-9365
OWNER:
Attention:
Address:
Telephone No.:
Collier County
Franchise Administration Coordinator
Utility and Franchise Regulation
3050 North Horseshoe Drive, #210
Naples, FL 34104
(941) 403-2302
With a concurrent copy each to: (1) Office of the Collier County Attorney and (2) Collier
County's Real Property Management Department.
11. Sale Or Transfer Of The Leased Area By Owner.
OWNER has no plans to sell or otherwise convey away any part of or any interest
in any part of the LEASED AREA to TENANT or any other person or entity. Should
OWNER, at any time during the life of this Lease, sell, lease, transfer or otherwise
convey all or any part of the LEASED AREA, to any transferee other than TENANT,
then such transfer shall be under and, during the entire term of this Lease, shall be subject
to this Lease and all of TENANT'S rights hereunder and rights of all Third Parties.
12. Hazardous Substances.
A. OWNER has no knowledge that either OWNER or any other person or
entity has used, generated, stored or disposed of, or permitted the use, generation, storage
or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under,
about or within any part of OWNER's Property in violation of any law or regulation.
OWNER and TENANT each agree that they will not use, generate, store or dispose of
any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within
OWNER's Property in violation of any applicable law or regulation.
13
AU6- 3 1999
B. OWNER and TENANT each agree to defend and indemnify the other and
the other's parmers, affiliates, agents and employees against any and all losses, liabilities,
claims and/or costs (including reasonable attorneys' fees and costs) arising from any
breach of any warranty or agreement contained in Paragraph 12.A. As used in Paragraph
12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation
(including petroleum and asbestos).
13. Condemnation.
A. Whole Condemnation. Because OWNER is a governmental entity and few
eondemnors have authority to condemn the LEASED AREA, it is unlikely that the
LEASED AREA will ever be condemned. If the LEASED AREA, including without
limitation any of TENANT's Property, shall be taken or condemned, either temporarily
or permanently, for public purposes, or sold to a condemning authority under threat of
condemnation to prevent taking, then this lease shall automatically terminate as of the
date of the taking, condemnation, or sale.
B. Partial Condemnation. If any portion of the LEASED AREA shall be
taken or condemned, either temporarily or permanently, for public purposes, or sold to a
convening authority under threat of such condemnation to prevent taking, then OWNER
agrees that TENANT may use and/or construct upon an alternative portion of OWNER's
Property that is suitable for TENANT'S purposes, provided such suitable space is
available. The exact site to which TENANT may relocate will be determined by
OWNER, and it may be any portion of OWNER's Property (or other property owned or
controlled by OWNER), provided TENANT approves the new site as being suitable for
TENANT'S intended uses. OWNER will designate a site to which TENANT may
relocate prior to the taking, condemnation or sale. In the event no alternative portion of
the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall
forthwith automatically terminate as of the date of the taking, condemnation or sale.
C. Condemnation Award. OWNER shall receive the entire condemnation
award for the land and all other improvements as were paid for by OWNER. TENANT
hereby expressly assigns to OWNER any and all right, title and interests of TENANT
now or hereafter arising in and to any such award. TENANT shall have the right to
recover from the condemnor, but not from OWNER, any compensation as may be
awarded to TENANT on account of the taking of its leasehold interest, moving and
relocation expenses, and depreciation to and removal of personal property and fixtures of
TENANT from the LEASED AREA.
14. Liens. TENANT shall keep TENANT's Property free from any liens arising out of
any work performed, materials furnished, or obligations incurred by or on behalf of
TENANT. TENANT shall, within twenty (20) days following the imposition of any such
lien, cause the same to be released of record either by payment thereof or by posting of a
proper bond in accordance with Section 713.24, Florida Statutes. No work which
OWNER performs or has performed within the LEASED AREA shall be deemed to be
for the use and benefit of OWNER so that no mechanics or other lien shall be allowed
against the estate of OWNER by reason of OWNER's consent to any such work.
OWNER may, at its election, post notices in the LEASED AREA advising that OWNER
it is not responsible for payment for any such work.
15. Fire And Other Casualty Damage To Facilities. If the tower and/or
related facilities is/are totally or substantially destroyed by an act or occurrence beyond
the control of TENANT, TENANT may terminate this Lease effective on the date of such
occurrence, or TENANT may elect to rebuild the tower or construct a similar tower. If
TENANT elects to terminate this Lease under this provision, any unearned rent for the
remainder of that lease year shall be refunded by OWNER to TENANT provided
TENANT has not otherwise 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
14
AU6- 3 1999
annual rental shall be reduced to $100.00 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.
A. This is a net-net Lease as to OWNER. TENANT shall be liable for and
shall pay to the applicable taxing authority if billed 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 hereat~er 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 shall 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 And Non-Interference.
A. OWNER warrants and that OWNER is seized of good and sufficient title to
and interest in the LEASED AREA and has adequate authority to enter into and execute
this Lease to TENANT and that OWNER knows of no liens, judgments or impediments
of title on the LEASED AREA Property that would affect this Lease. OWNER warrants
and agrees that TENANT, upon paying the rent and performing all covenants herein
provided, shall peaceably and quietly have and enjoy the LEASED AREA. It is the
separate opinion of the County Attorney and of TENANT'S attorneys that the planned
uses of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses
of the LEASED AREA and are not in violation of any Zoning Ordinance or other Land
Use Ordinance that applies to the LEASED AREA.
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 OWNER's Property and/or the right
to install antennas in connection with the operation of such facilities or other
communications facilities; provided, however, that OWNER shall not allow the 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 the elimination of such interference with operations at the LEASED AREA within
a reasonable time at, er 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 the interference
to modify its use of or cease using such equipment which is causing that interference.
15
C. TENANT covenants and agrees that TENANT'S equipment, installhffo~,-
operation and maintenance at the LEASED AREA and same by any third party licensee
will not interfere with the operation of the OWNER's 800 MHz system or OWNER's
other transmitted or received radio signals. In the 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 the offending antennas from the LEASED AREA
and, if the interference cannot be corrected to the satisfaction of OWNER, this Lease
shall terminate at the election of OWNER.
18. Estoppel Certificates and Subordinations.
A. OWNER, at the request of TENANT, shall provide TENANT with a
certificate stating: (1) whether OWNER has any claim against TENANT for rent or
otherwise and if so, stating the nature of each such claim; (2) that OWNER recognizes
TENANT'S 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 provided such removal will allow the remaining users
of the tower to make its use of the tower (not notwithstanding that such property may be
considered fixtures under Florida law); and (4) that OWNER at the time of execution of
the Estoppel Certificate has no legal interest in and affirmatively disclaims any interest to
TENANT'S equipment and other property within the LEASED AREA.
B. TENANT, at the request of OWNER, shall provide OWNER with a
certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if
there has been any modification, that the same is in full force and effect as modified (and
shall state the modification(s)); (2) whether or not, to TENANT'S knowledge, there are
then existing any set-offs or defenses against the enforcement of any of the agreements,
terms, covenants or conditions hereof upon the part of TENANT to be performed or
complied with (and, if so, specifying each of the same); and (3) the dates, if any, to which
rent has then been paid in advance; and (4) any, if in the first lease year, other provisions
required to enable TENANT to obtain a perfected UCC-1 to finance the tower and/or its
equipment.
C. ALL OTHER INTERESTS SUBORDINATE. This Lease and ali of
TENANT's property at the LEASED AREA shall during its life always be superior to
any mortgage and any other pledge by OWNER and by TENANT. OWNER and
TENANT shall at no cost or expense to the other, execute whatever subordination
agreements and/or other instruments as may be reasonably required by the other to
evidence such subordination. It is hereby agreed that a request by TENANT for a
subordination from OWNER to facilitate TENANT'S initial financing of the tower
and/or any or TENANT's initial equipment is a reasonable required subordination.
TENANT hereby affirms that as of the 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 superior to TENANT'S Leasehold interests in this LEASE, and that OWNER shall
not knowingly enter into or suffer any such encumbrance to become superior to any of
TENANT'S interests under this Lease. The only possible exception to this promise by
OWNER could be an encumbrance that is not avoidable by OWNER as a matter of law.
19. Miscellaneous Provisions.
A. CONTROLLING LA W. This Lease and all license agreements and other
agreements related hereto and the performance hereof shall be governed, interpreted,
construed and regulated by the laws of the State of Florida. Any lawsuits that may be
brought to enforce any part of this Lease, including any claim for damages, shall be
brought in Collier County.
3 1999
16
B. BROKERS. OWNER and TENANT represent to each other that they have
not negotiated with any real estate broker in connection with this Lease. AUO
C. ENTIRE AGREEMENT. This Lease, including attached exhibits which are
hereby incorporated by reference, incorporates all agreements and understandings
between OWNER and TENANT, and no verbal agreements or understanding 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.
D. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES.
OWNER agrees that the LEASED AREA complies with and during the term of this
Lease shall continue to comply with 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.
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
words 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. NEUTIL4L 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. ATTORNEYS' FEES. If either party institutes any action or proceeding in
court to enforce any provision hereof, such as an action for damages for any alleged
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.
I. FAILURE TO CURE CURdBLE BREdCH. 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 ali reasonable
expenses incurred in doing so, plus interest (from the date such expenses are incurred
until reimbursement) at twelve percent (12%) per annum.
J. SEVERABILITY. 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.
K. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and TENANT shall be entitled to
17
- 3 1999
immediate restraint by injunction (or any other appropriate equitable remedy) of any
violation of any of the covenants, conditions or provision of this Lease. Al J0 - 3 1§§9
L. 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.
M. 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.
N. 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.
IN WITNESS WHEREOF, OWNER and TENANT have duly executed this
Lease as of the day and year first above written.
Ac. TiE';.": AtteSt as to Chairman'S OWNER ~i,. :s4~nal~Ur9 on]$.
DWIOHT E.-BROCK BOARD OF COUNTY COMMISSIONERS
CLEPd~ OF COURTS
DeputyClerk
Approved as to Form and
Legal Sufficiency: ,
Asdstant C~unty Attorney
co
By:
PAMELA S. MAC'KIE, CHAIRWQM N
County's S. S. Tax No.:
"TENANT": PrimeSite Consulting Group, Inc.
Print Name5 Charles Bemardo, Jr.
Title: President
Address: 10914 N. 56t~ St., Tampa, Fl. 33617
~ OF FLORIDA
The foregoing G"otde~ate Wastewater Ground Lease (GC06
eknowledged before me this -""---.. day of
, who is personally
My Commission Expires:
18
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
AU6- 3 1999
The foregoing Goldengate~astewater Ground Lease (GC0604) was
acknowledged before me this ~ day of ~'L[ ~ ... ,1999, by Charles A. Bernardo
Jr., as President of PrimeSite Consu-----~ting Group, In¢:, a Florida corporation, who is
personally known to me.
Notary Public ~t% .earn,, ~n~d
,k~My Commission CC699164
'~,~,~ Expires November 30, 200t
My Commission Expires:
19
EXHIBIT A1
DESCRIPTION OF OWNER'S LAND
to the Agreement dnted ..... _____, by nnd between Collier County ("Owner") nnd
PrirncSite Consultin8 Group, Inc., a Floridn corporation ("Tenant").
The Lnnd is descdlxxl and/or depicted as follows:
PROPERTY DESCRIPTIONS
~ ~RE:NT T'~r A C T
(OF~OAL fltCOflO 8COK ~022. PA~
S~th, ROnql 26 East, C~li~ C~nty, Finds. ge~ m~l portl~lo~y
C~menc~q at the 1/~ Sectl~ co~, common to Sactl~t 34 ~d 35.
TO~ ~9 Sout~, Ranqe 2~ East. Collier C~nty. ~lda. Sold I/4
attacn~ to ~e t~ th~eof. ~i~ a 3/4--ifl~ iron p~: t~mc~ ~g the S~ti~
llne betwe~ said S~ti~s 34 ~d 35. Nodh O~g'~5' Welt I.~2.43 feet to
SLate of Fl~lda O~ar~m~t of Transport~tf~ Rl~ht-o~-Way MhD for $~ata Road
No. 93 0--75) ~eet 8 o~ 10; th~ce al~q saia cent~ine of the proposed Access
~ight-of--Way linl N~h 0'29'15' W~t 50.00 feet to o 4' x 4'
..... , ma,lng th. Nw .... f ~. propo..d ......... d Rlqht-of-W,y t,
~lght--of--Nay n~h 89'31'01' East 4~.~1 feet to a 4' x &' c~crete
m~um~t m~inq the ~t~S~tI~ of said North Rlqht-of--Woy with the WeS[
~ou~y I~e Nort~ 0'47'~&' Eost 99~.98 f~at to ~ ~ roe ~ the
L;q~t C~Oony (FP~) Rift-of-Way OS de~r~ed in Offlc~ R~d~
~81. Page 1210. :gll~ C~?~ R~d,; three ol~ NId W~t~y ~
Right-of-Way N~ 51'~0'28 [~,t 70.02 feet to ~ Ir~ rod:
c~ti~uhq ol~q laid West~y ~ Ri~--of-W~y ~th 58'50'05' East
west~y ~ Right--of-Way S~th 0'47'14' W~t I.~.70 feet to e ~' x
4' c~crete m~u~t: th~ce co~ui~q ~g Nid Wa~t~y ~ Right-of-
lifl~ Of the North I/2 of ~e ~h 1/2 of the No~hweet 1/4 of Sect~
~9~4'~' We~t 690.82 feet to ~ 4' ~ 4' co~ete m~um~t: said
~st boundary line of said parc~ Ho~h 0'~7'14' [dst 653.~ feet to o 4'
S~h 89'51'01' W~t 454.~8 feet to a 4' x ~' c~crete manumit m~in~
the int~s~ti~ of ~id accees r~d ~kh Rift-of-Way with the [Oat Rib, t-of-
fers I00.~ feet to the P~NT ~ BE~NMNG, c~tOinin~ 26.81 acres.
POINT OF' ~GIN~qNG POINT OF TERMINUS
89'25'45' w (456.51')
N 89'25'45' E
PARENT TRACT
WATER TREAIMENT PLANT
(OFFICIAL RECORD BOOK 1022, PAGE 1261)
26.6 ACRES
EXHIBIT A
DESCRIPTION OF LEASED AREA
to the Agreement dated ..... by and betw~m Collier County ("Owner") and
PrimeSite Consultin$ Group, Inc., a Florida corporation ("Tennnt").
TI~ Land is described and/or depicted ns follows:
LEASE PARCEL
11~at part of the 'WATER TRE:A1MENT PLANT' parcel as per description
recorded In OHlclal Record Book 1022. page 1261, of the Public Records of
Colllor County, Florida, being in the northwest I/4 of Section .35. Township 49
~outh, Range 26 E:ost and being more particularly desorlbed as fallow.:
Commence at o found 5/8" robot marking the southeast corner of the 'WATER
TREATME:NT PLANT' parcel as par description recorded in Offlclcl Record
Book 1022, page 1261, of the Public Records of Collier County, Florida: thence
N 00'41'58' W along the east line of .aid "WATER 1REATMENT
PLANT' parcel for 40.60 feet: thence N 87'1g'42" W for `]6,52 feet to the
Point of Beginning; thence continue N 67'19'42' W for .
00'57' ' 60 O0 feet: thence N
.35 E: for 60.00 feet' thence S 87'1g'42" E for 60 O0 feet'
· - . thence
S 0'57'55' W for 60.00 feet to said Point of Bm]inning.
Containing 0.08 acres, more or less.
TOGETHER WITH o 20' wide easement for Ingress· egress and public utilities,
over. under and across that part of the 'WATER TREATMENT PLANT' parcel
cs per description recorded In Official Record Book 1022. page 1261, of the
Public Records of Collier County, Florida, being in the northwest 1/4 of Section
5§, Township 4g South, Range 28 E:ast, lying within 10' of both sides of a
centerline being more particularly described as follow~.
Commence at a found 5/8' rebor mad<lng the southeast corner of the 'WATER
11~EATMENT PLANT' parcel as per deKHptlon recorded in Official Record
Book 1022, page 1261, of the Public Records of Collier County, Florida; thence
N 00'41'58' W along the east line of said "WATER TREAI~IENT
PLANT' parcel for 40.60 feet: thence N 87'19'42" W for ,]6.52 feet: thence
N 00',]7'55' E for 50.00 feet to the Point of Beginning of the her,in
deecribed centorline; thence S 89'22'27' E: for IO.00 feet; thence
N 00'57'5,]" E for 610.28 feet; thence S 8g'52'24' W for 112,].95 feet to
an Intersection with the easterly right of way line of a 100' wide canal right of
way and the Point of Terminus of the herein described ce~terllne, the sidelines al'
the herein described easement to be prolonged or shortened to end at an
intersection with said "cst.fly right of way line.
Containing 0.80 acres, more or less.
POINT Of' I[RUINUS r,m
I s 8g~5'4~' w
~1~ .
C~J41~R OF COMPOUNO LOCA110N INFORMA~---~
August 3, 1999
Item #16A20
RESOLUTION 99-314 AND AGREEMENT AUTHORIZING 100% WAIVER OF IMPACT FEES
FOR A VERY LOW INCOME SINGLE FAMILY HOUSE TO BE BUILT ON LOT 14, BLOCK
C, IN NAPLES VILLAS SUBDIVISION, BY HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
Page 177
AUG- 3 1999
RESOLUTION NO. 99- 314
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES, REGIONAL WATER AND/OR 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 HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 14, BLOCK C, NAPLES VILLAS SUBDIVISION, COLLIER
COUNTY, 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 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 [SHIP] Program for waivers of Collier County impact fees;
and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 14, Block C Naples Villas Subdivision 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 Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
for a waiver of impact fees for the construction of a house on Lot 14, Block C Naples Villas Subdivision, 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 Correctional Facilities Impact Fee Ordinance, Ordinance
99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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
- 1 -
AU6- 3 1999
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a
waiver; and
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, 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 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:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 14, Block C, Naples Villas Subdivision, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, 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 14, Block
C, Naples Villas Subdivision, by Habitat for Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System Impact Fee 1,778.00
F. Water Impact Fee 870.00
G. Sewer Impact Fee 1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES
o
$6,735.34
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 -
AU6- 3 1999
This Resolution adopted after motion, second and majority vote favoring same.
ATT
DWIGHT E. BROCK~ CleriC, =
s~gn~ture on
Approved as to Iota and
legal sufficiency:
ffeiai F. Ashtoh ~
Assistant CounW A~omey
BOARD OF COUNTY COMMISSIONERS
jd/c/HH/NaplesVillas SD/reso
- 3 -
AU{}- 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 13, BLOCK C. NAPLES VILLAS SUBDIVISION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 4,
AT PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 4 -
AU6- 3 1999
~"k~CK CREEK HA RBOR
I, RECORD~-'D ~ N PlA T BOOK
RE.P/AT OF ROCK CREEK PiNES N~.
~OLLiER COUNTY FLORIDA RE. CORDS:
XCEPTING'~ ~ ' ~ ~ ~
~ I/~ OP TSE ~ I/~ OF SEC I~ T-~ 3 , ~-*J ~.
~ ¢o~. a.~---------"~-,sf(#¢ '. ............
I MOX. - · ~ --
, / ' ~ ,, _ · ~- - ~-- .... ~H ~ ,- -- ~ -
J~
~~ ~~~~ ~3~ ' - ~ I ~ ~ I I I ~d/x~ z~~ _ _1.. ~.
}:,, r:[:,,.,' "- :' [ :'/:I:
,~ t~, ,,.,, ,, ,, ,. ,, -I,,
. . .~ ',0. ,. t,o,:·
I~ ~ . ~ , ~'~ ~ ,
'.,~ ¢ ,,,.. ··-i-:- .:.... ,,'-.
:' { ~ - 4jO~ -~ .
I ~ '~ ~ ,
II ~ f , ' '
~'I ~ e, I I I
~,l I k~ ~ I ' ~ ~ : '
/4/
~l i ~[, . .. ~ ,, . . . .
~:~~ ,~', .:=. ...~,o.~'$c~, ~, . ,. ~- ,- ,- i- ;¢ , I=0't' i' I ' I ' I' i
I~/ ~ ' ~ . ~
' . '.~ . ', ~, .. ,, ,,;
I ',:1 ' ~ ~ .... ~ ......... ~=~F~ .......... " 'e ~ -
I ' : -' -- -i' djs lCsE S~44. f .... ~ -~-- - ----
~I ~0~ ~_ ~'~ ' ' ' - --- --
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES AU$ - 3 1999
This Agreement for the Waiver of Impact Fees entered into this~_..~ay of.~~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WlTNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water: and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the 'Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, 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 Administrator 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 COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-.~ ?t,/ at its regular meeting of t~..~.~e.~,gl,1999; and
- 21. -
· AUG- 3 199S
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. 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") and site plan are 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 low 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 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 the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,735.34 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
- 2 -
impact fee waiver qualification criteria detailed in
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
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 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 mn 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.
11. 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
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
AUG- 3 199
the Impact Fee
- 3 -
AU6- 3 1999
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 (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 c:
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: ~-~
STATE OF Florida )
COUNTY OF Collier .)
OWNERS:
HABITAT FOR HUMANITY OF
coI x , t v, r c.
B 'Y~~~.
- 4 -
The foregoing instrument was acknowledged before me this ~ day of X~"'n ~
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
AU6- 3
,1999
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
ature of Person Taking ~knox(,'~edgrnent
Name ofAcknowledger Yyped, Print0d'~r Stamped
Lq 9
DATE~: ~~.,,,,/~/
ATTEST: ,,..,, '%;,
DWIGHT E. BROCK; Clerk
Att~ 'as' ,ito Chat~'S
Approved'~ to fora ~d
legal sufficiency
~5~sh~n~
Assist~t Co~ A~omey
jd/c/naples Villas
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~OMAN
- 5 -
AU$- 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK C, NAPLES VILLAS SUBDMSION ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT
PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
- 6 -
/(uCK CREEK HARBOR
RE-PLA T OF ROCH CREEK PINES N~,f. RECORDED IN P~T BOOK
~ P~E ~ COLLIER COUNTY, FLORIDA, RECORDS.
,CE~TING: ~- , ~ · ~ ~.--0~ AND I~CLUD/~ ; T~r ~. .' ~. .~.~..~ ,0.,
7
O&~ 'It A
JTn~gT
.~ T'ngg T
AUG- 3 1999
August 3, 1999
Item #16A21
FINAL PLAT OF "OLDE CYPRESS UNIT THREE" - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS
Page 178
AU - 3 999
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS ~ ~r~?
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS AGREEMENT entered into thia~3A,t.~day of t~t~,
1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida Limited Partnership, b'y OLDE
CYPRESS DEVELOPMENT INC., its General Partner, (hereinafter "Developer"), the Board of
County Commissioners of Collier County, Florida, (hereinafter the "Board") and QUARLES &
BRADY, (hereinafter "Escrow Agent").
PREMISES
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of certain plat of subdivision to be known as:
"OLDE CYPRESS, UNIT THREE"
The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by
HOLE, MONTES AND ASSOCIATES, INC., a copy of which is attached hereto an~
incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required
Improvements" are limited to those described in the Estimate.
Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the
Land Development Code requires the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
Escrow Agent has entered into a Construction and Development Escrow Agreement with
Developer dated May 25, 1999, (the "Escrowed Funds") in the amount of $344,113.72.
Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $ 344,113.72 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 Escrow Agent do hereby covenant and agree
as follows:
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.
AUG - 3 1999
Developer hereby authorizes Escrow Agent to hold $ 344,113.72 from the Escrowed
Funds, in escrow, pursuant to the terms of this Agreement.
Escrow Agent agrees to hold in escrow $ 344,113.72, from the Escrowed Funds to be
disbursed only pursuant to this Agreement.
The escrowed 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 that 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 escrowed funds except to the
extent of $ 31,283.07 which shall remain in escrow as a Developer guaranty of
maintenance of the Required Improvements for a minimum period of one (1) year
pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall
fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to
pay to the County immediately upon demand the balance of the funds held in escrow by
the Escrow Agent, 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 Escrow Agent
in exchange for such funds a statement to be signed by the Development Services
Director to the effect that:
(a)
Developer for more that 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 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;
(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 the failure of the Developer to carry out and execute the
above-mentioned development work; and,
(d)
The County will promptly repay to the Escrow Agent any portion of the funds
drawn down and not expended in completion of the said development work.
Written notice to the Escrow Agent by the County specifying what amounts are to be paid
to the Developer shall constitute authorization by the County to the Escrow Agent for
release of the specified funds to the Developer. Payment by the Escrow Agent to the
Developer of the amounts specified in a letter of authorization by the County to the
2
AUG - 3 1999
Escrow Agent shall constitute a release by the County and Developer of the Escrow
Agent for the funds disbursed in accordance with the letter of authorization from the
County.
The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Subdivision Regulations.
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 this
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director of the Required Improvements.
However, in no event shall the Development Services Director refuse preliminary
approval of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
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.
Nothing in this Agreement shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision;
provided, that the Escrow Agent does not release any monies to the Developer or to any
other person except as stated in this Escrow Agreement.
10.
The Developer shall maintain all Required Improvements for one year after preliminary
approval by the Development Services Director. After the one year maintenance period
by the Developer and upon submission of a written request for inspection, the
Development 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
Escrow Agent'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.
11.
All of the terms, covenants and conditions herein contained are and shall be binding upon
the Developer and Escrow Agent, the respective successors and assigns of the Developer
and Escrow Agent.
AUG - 3 '1999
IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent have caused
this Agreement to be executed by their duly authorized representatives this ~,~_~, day of
, 1999.
Signed, Sealed an Delivered
in the presence off
Prin~ ~{ '[')rPe Name '.
Print or Type Name
DEVELOPER:
OLDE CYPRESS DEVELOPMENT,
LTD., a Florida Limited Partnership
BY: OLDE CYPRESS DEVELOPMENT
INC. ~R~l~t~ its General Parmer
,,,~ob~ y~,,~res~
ESCRO¥[ A~ ~ ~ /
Qu~les ~ l~y /
CL. k,,,~,..
or Type Na ,
~ p, ri~ Type Name
-. n:~:~,t:~A~eg1~ Bo~d of Co~ Co~issioners
', r~Wl~t~:~B~$~, cterk of Collier Co~, Florida .... ' /
Z;~ ~' ~' ,¢'-' ~;~ ..:, ~'~ .
:'Apptk~ed ~ to fora ~d legal suffimency:
Pamela S. Mac'Kie, Chairwoman
4
Olde Cypress Unit 3
Engineers Opinion of Probable Construction Cost
DescriDflo.
QuantiW Units
Unit Cost
Water
8" PVC W.M. (DR18)
8' G.V.
Fire Hydrant
PVC W.S. CASING (3")
B.S.P. (PERM)
1834 LF
1 EA
5 EA
726 LF
2 EA
$13.40
$800.00
$2,000.00
$5.00
Subtotal
Sewer (Cuts from N.O.)
8' PVC G.S. (0'-63
8" PVC G.S. (6'-8')
8" PVC G.S. (8'-10')
8" PVC G.S. (10'-12')
Video Gravity Sewer
Video Sewer 1 yr post accept.
M.H. (0'-6')
M.H, (6'-8')
M.H. (8'-10')
M.H, (10'-12')
Cleanout
Service Laterals
4" PVC F.M.
Pump Sla
ARV (FM)
515 LF
600 LF
436 LF
172 LF
1,723 LF
1,723 LF
2 EA
2 EA
2 EA
1 EA
55 EA
1,389 LF
878 LF
1 EA
I EA
$15.50
$20,50
$29.00
$39.50
$1.00
$1.oo
$1,240.00
$1,470.00
$1,820.00
$2~50.00
$79.O0
$11.50
.80
$48,0O0.00
$1,600.00
Subtotal
Pavin; and Grading
I 1/2" Asphalt - Type S-111
6" LR Base
12' Subgrade
Type A Curb
24' Val. Gut
4' Sidewalk
Sod - 1' strip
Seed & Mulch
Stop Signs
Speed Limit Signs
Street Name Signs
24' Stop Bar
Street Lights
Blue Reflectors
4" Skip Sb'iping (yellow)
4,882 SY
4.882 SY
6,238 SY
467 LF
3,710 LF
1,890 LF
4,166 LF
I AC
3 EA
2 EA
I EA
45 LF
9 EA
5 EA
1700 LF
$2.45
$4.00
$1.90
$5.00
$5.00
$7.50
$o,3o
$1,200.00
$100.00
$100.00
$100.00
$2.75
$1,200,00
$6.00
$0.15
Subtotal
1996~1996080~ghh~Constructlo~CosL~Unit3 90312.xls
Page 1
AUG - 3
HMA File # 96.80
3112199
1999
$24,575.60
$800.00
$10,000.00
$3,630.00
$1,600.00
$40,605.60
$7,982.50
$12,300.00
$12,644.00
$6,794.00
$1,723.00
$1,723.00
$2,480.00
$2,940.00
$3,640.00
$2,250.00
$4,345.00
$15,973.50
$7,726.40
$48,0o0.00
$1,600.00
$132,121.40
$11,960.90
$19,528.00
$11,852.20
$2,335.00
$18,550.00
$14,175.00
$1,249.80
$1,200.0o
$300.00
$200.00
$100.00
$123.75
$10,800.00
$30.00
$255.00
$92,659.65
_.,ion Quanti~ U.it~ Unit ¢O~t Total AU$ - 3 1999
Drainafl®
18'RCP
24"RCP
24"PVC
30" RCP
30' PVC
J.B.
CATCH BASINS
72 LF
102 LF
175 LF
346 LF
224 LF
I EA
6 EA
Summary
Water
Sewer
Paving & Grading
Drainage
F..ee .Calcplatlonl
plat Review;
$425.00 + $4.00/ac x 16 Acres
Sub~ivis, ion Review & Irlspectiorl:
1.7% x (47.444.00 + 92,659.65)
Drainage Paving & Grading
Water/Sewer Review and Inspection:
2.0% x (40,605.60 + 132,121.40)
$24.00
$28.00
$28.00
$48.0o
$1,600.00
$1,500.00
Subtotal
Total
Total
$1,728.00
$2,856.00
$4,900.00
$16,608.00
$10,752.00
$1,600.00
$9,000.00
$47,~.00
$40,605.60
$132,121J0
$92,659.65
$312,830.65
$489.00
$2,381.76
$3,454.54
$6,325.30
1996~ 1 g96080~ghh'~ConstruclJonCos Is Unit3 90312.xls
Page 2
August 3, 1999
Item #16A22 - Continued to September 13, 1999
Item #16A23
FINAL PLAT OF "COCO LAKES" - WITH CONSTRUCTION AND MAINTENANCE
AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS
Page 179
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
RECORD PLAT PRIOR TO CONSTRUCTION
THIS AGREEMENT entered into this ~ day of ~,x3)_ ~,~,~--~ ,1999 between
Palm Foundation II, Inc., a Florida Corporation hereinafter referred'lb as "Developer", and the
Board of County Commissioners of Collier County, Florida hereinafter referred to as "The
Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as:
Coco Lakes
2. Division 3.2 of the Collier County Unified Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements required by
said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed site improvements
including roadways, drainage facilities, water and sewer facilities and lighting
and signage within 36 months from the date of approval said subdivision plat,
said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its Irrevocable Standby Letter of
Credit (attached hereto as Exhibit "A" and by reference made a part hereof)
hereinafter the "Surety Bond", in the amount of $310,000.00 which amount
represents 10% of the total contract cost to complete construction plus 100% of
the estimated cost to complete the required improvements at the date of this
Agreement.
3. In the event of default by the Developer or failure of the
Developer to complete such improvements within the time required by the
Collier County Unified Land Development Code, Collier County, after written
W:\1994\1994099\GHH~PRIORCON.doc
notice to Developer may call upon the Surety Bond to insure satisfactory
completion of the required improvements.
4. The required improvements shall not be considered complete until
a statement of substantial completion by Developer's engineer along with the
final project records have been furnished to be reviewed and approved by the
Development Services Director for compliance with the Collier County Unified
Land Development Code. The Development Services Director shall, within
sixty (60) days of receipt of the statement of substantial completion, submit his
recommendations concerning the required improvements to the Board.
5. Upon receipt by the Board of recommendations from the
Development Services Director concerning required improvements, the Board
shall within thirty (30) days either: a) notify the Developer in writing of its
preliminary acceptance of the improvements; or b) notify the Developer in
writing of its refusal to accept improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the Board's
acceptance of the improvements. However, in no event shall the Board refuse
preliminary acceptance of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a
minimum-period of one year after preliminary acceptance by the Board. After
the one year maintenance period by the Developer has terminated, the
Development Services Director shall inspect the improvements and, if found to
be still in compliance with Collier County Unified Land Development Code as
reflected by final acceptance by the Board, the Developer's responsibility for
maintenance of the required improvements shall terminate and the Board shall
release the remaining 10% of Surety. Otherwise, the Developer's responsibility
for maintenance shall continue until final acceptance by the Board.
7. In accordance with Division 3.2 of the Collier County Unified
Land Development Code, the Developer may from time to time request the
Development Services Director to reduce annually the dollar amount of the
Surety Bond on the basis of work completed. Each request for a reduction in the
dollar amount of the Surety Bond shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project
records necessary for review by the Developer Services Director. The
Development Services Director may grant the request for a reduction in the
amount of the Surety Bond for the improvements completed as of the date of the
request.
8. In the event the Developer shall fail or neglect to fulfill its
obligations under this Agreement, upon certification of such failure by the
W:\I994\1994099\GHH~RIORCON.doc
2
Development Services Director and upon notice as provided by the Collier
County Unified Land Development Code, 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 Surety Bond tendered
herewith, 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 consequential, which the Board may sustain on
account of the failure of the Developer to carry out all of the provisions of this
Agreement.
and shall
Developer.
All of the terms, covenants and conditions herein contained are
be binding upon the respective successors and assigns of the
IN WITNESS WHEREOF, the Board and the Developer have cau~ this Agreement to be
executed by their duly authorized representatives this ~ day of_ _.~~.~"~'". I. 1999.
Signed, sealed and delivered
in the presence of:
Witness ~ o~b'~ o~ ~w'; e,~
Palm Foundation H, Inc.,
a Florida Corporation
Steve Loveless, President
ATTEST:
:. ~,,..~'",.~,. %:~ ·
,,,', .'..'~ ~, r~ '. C~ ·
N ~2.: ~'~ ~ 4 '-,,. '~t' ,2'
>~7~,:,,,.~~eL Clerk '
legal sufficiency:
(.~David C. Weigel, County Attorney
W:\I994\I994099\GHI-IkPRIORCON.doc
Board of County Commissioners
of Collier County, Florida
Pamela S. Mac'kie, Chairwoman
ilepublic
October 8, 1999
IRREVOCABLE STANDBY LETTER OF CREDIT NO: S 99-3 I
ISSUER: Republic Bank, 691 5u' Avenue S., Naples, FL 34102 (hereinafter "issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until October 8, 2000, and shall thereafter be automatically
renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior
to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer
elects not to so renew the Credit.
APPLICANT: Palm Foundation il, Inc. (hereinafter "Applicant"), 1719 Trade Center Way, Naples, FL
34109.
BENEFICIARY: The Board of County commissioners, Collier County, Florida (hereinafter
"Beneficiary"), Collier County Courthouse Complex, Naples, FL.
AMOUNT: $310,000.00 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED; AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Palm Foundation
I!, Inc. has failed to construct and/or maintain improvements associated with that certain plat ora
subdivision known as CoCo Lakes or a final inspection satisfactory to Collier County has not been
performed prior to the date of expiry, and satisfactory alternative performance security has not been
provided to and formally accepted by the Beneficiary".
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
Republic Bank Credit No.: S 99-31 dated October 8, 1999." The original letter of credit and all .
amendments, if any, must be presented for proper endorsement.
691 5th Avenue South · Naples. I:h,rid:l .~4 !02-6601 · (9.1 I) 659-1119 ·
hl t p://w w ~: rcpubl icba n k fi.corn
Fax (ti.il)6%~) II.i7
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 documents, instruments, or agreements
referenced to herein or in which this letter of credit relates, and at such reference shall not be deemed to
incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms
of this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit Is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or
later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later
Publication No.].
Repu~)ic~ank//~.4.
Vice President
Item #16A24
August 3, 1999
RESOLUTION 99-315, AUTHORIZING THE LETTER OF AGREEMENT , PROGRAM
ASSURANCES, AND THE ACCEPTANCE OF VEHICLES, TRANSFERRED FROM GOOD
WHEELS, INC. TO THE COUNTY AND RESOLUTION 99-316, AUTHORIZING
ASSIGNMENT OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND GOOD WHEELS, INC.
Page 180
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE LETTER
OF AGREEMENT, PROGRAM ASSURANCES, AND THE ACCEP-
TANCE OF VEHICLES, TRANSFERRED FROM GOOD WHEELS,
INC., FUNDED UNDER THE FEDERAL TRANSIT ADMINIS-
TRATION (FTA) SECTION 5310 & 5311 GRANT PROGRAMS
ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION.
- 3 1999
Whereas, the Board of County Commissioners of Collier County, Florida has been
designated by the Florida Commission for the Transportation Disadvantaged as the Community
Transportation Coordinator for Transportation Disadvantaged services in Collier County in
accordance with Florida Statute 427; and
Whereas, the Board of County Commissioners of Collier County, Florida has the authority
to accept responsibility for the ownership and operation of said vehicles, to enter into the Letter of
Agreement, and to execute the Program Assurances, in accordance with Florida Statute 341 and as
authorized by Section 125.01, Florida Statutes; and
Whereas, said vehicles were procured with funding allocated for services in Collier County
by the Florida Department of Transportation (FDOT), and said vehicle titles have the FDOT
registered as first and only Lienholder in accordance with FDOT regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Said vehicles are accepted by Collier County for use in public and/or transportation
disadvantaged services, in accordance with all applicable federal and state statutes, roles and
regulations; otherwise, Collier County will return the vehicles to the FDOT.
2. Collier County will pay Good Wheels, Inc. $39,502.08 as reimbursement for said vehicles.
Gavin Jones, Collier County's Program Manager for the Transportation Disadvantaged
Program, is authorized to execute the letter of Agreement, Program Assurances, title
applications, and other necessary documents to complete the transfer of said vehicles to
Collier County.
This Resolution adopted this,~A,e_day of ~ , 1999 after motion, second and
majority vote favoring same.
ATTEST: ·
DWIGHT E!,~BROdK, Clerk
Approwd ~ to fo~
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Davi~ C. ~V'~igel, County Attorney
Au6 - 3 1999
STATE OF' FLORIDA DEPARTMENT OF TI:C~NSPORTATION
LETTER OF AGREEMENT
This Agreement made and effective thi~ day of ~ , 19,9,9, between the
Collier County Board of County Commissioners, hereinafter'referred to as' County", 3301
E. Tamiami Trail, Building F, Naples, Florida 34112, and the State of Florida Department
of Transportation, hereinafter referred to as "Department",
WITNESSETH
WHEREAS, the County has been designated as the Community Transportation
Coordinator for Collier County by the State of Florida Commission for the Transportation
Disadvantaged in accordance with Florida Statute 427; and
WHEREAS, the County is eligible to receive, manage, operate, and dispose of
vehicles under the Federal Transportation Administration's Section 5310 & 5311 programs,
as administered by the Department in accordance with Florida Statute 341, and all applicable
rules and regulations; and
WHEREAS, the County desires to receive from the Department the vehicles,
identified in the inventory list attached hereto as Exhibit "A", and by this reference made a
part hereof.
NOW, THEREFORE, the Department and thc County, in consideration of the mutual
terms, covenants and conditions set forth herein, agree as follows:
1. The Department agrees to thc expeditious transfer of the vehicles listed under Exhibit
"A", 'attached hereto and by this reference made a part hereof. The necessary Certificates of
Title (Vehicle Registration) and other documentation as appropriate to effect the legal
transfer of said vehicles will be provided by the Department.
2. The County agrees to process the Application for Certificates of Title necessary to
effect thc transfer of said vehicles under the condition that the Department shall continue to
be shown on the Certificates of Title as the first and only Lien Holder.
3. The County agrees to assume all responsibilities for the vehicles including, but not
limited to, compliance with all applicable federal, state, and local statutes, roles and
regulations governing the ownership, operation, and disposal of said vehicles.
Collier County Board of County
Commissioners
Approved as to form & legal sufficiency:
Collier (~ou~ty A~t't~ey's Office
~(mel~' S. Mac'Kie, ChairWoman
ATTEST:
Clerk
(h:yto~managera~ch ard~zollagr.wpd)
Attest ~s to Chatrm~m'$
Florida Department of Transportation
Approved as to form and legality:
Dis~
APPROVED:
D~~. Se ct% t~
ATTEST:
~cUt~ve Secretary - -' Z~//
- 3 1999
EXHIBIT ^
GOOD WHEELS / FDOT VEHICLE INVENTORY
FOR TRANSFER TO COLLIER COUNTY
FDOT # GW # DESCRIPTION COST NEW / DATE
88162 162 1993Chcv. BlucbirdBusw/lifl 8scats+lw/cposition $33,413 2/93
88163 163 1993Chcv. BlucbirdBuswflift 8+1 $33,413 2/93
88164 164 1993 Chcv. Bluebird Bus wflift 8 + 1 $33,413 2/93
88165 165 1993Chcv. BlucbirdBusw/lifl 8+1 $33,413 2/93
92114 114 1995 Ford Suprcmc Bus w/lifl 16+2 $48,475 10/95
92153 468 1997 Ford StatTran Bus w/lifl 12+2 $43,384 11/97
92154 469 1997 Ford StarTran Bus w/lift 12 + 2 $43,384 11/97
181035 035 1995Thomaslntl. Buswflift 16+2 $45,314 3/95
181036 036 1995 Thomas Intl. Busw/lifl 32+2 $55,598 3/95
181037 037 1995Plymouthmini-vanw/ramp 3+2 $36,655 11/95
181041 041 1995 Ford Sulxeme bus w/lifl 16+2 $48,475 8/95
181042 042 1995 Ford Supreme bus w/lift 16 + 2 $48,475 8/95
181046 046 1996 Ford Suprcme bus w/iifl 16+2 $48,475 12/95
181047 047 1996 Ford StarTrans bus w/lifl 16+2 $46,812.10 9/96
181048 048 1996 Ford S~atTrans bus w/lift 16+2 $46,812.10 9/96
181049 049 1996 Ford StarTraas bus w/lifl 16+2 $47,062.10 9/96
181050 050 1996 Ford SiarTrans bus w/li_ft 16+2 $47,062.10 9/96
181051 051 1996 Ford Sta~Trans bus w/lifl 12+2 $41,169.45 9/96
181061 061 1996 Ford SlarTrans bus w/lifl 12+2 $41,169.45 2/97
Ca:XSwinv2)
16/12.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT
OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND GOOD WHEELS, INC.
Whereas, the Board of County Commissioners of Collier County, Florida, has the authority
to enter into an Agreement with other parties as authorized by Section 125.01, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
o
The Agreement assigning Contract Numbers AF291 and AG064 from Good Wheels, Inc. to
Collier County is approved.
The Chairwoman of the Board of County Commissioners of Collier County, Florida, is
authorized to enter into this Agreement.
This Resolution adopted this~,~t day of ~ ,1999 after motion, second and
majority vote favoring same.
ATTEST:.
DWIGHT E. BRo~ZK, Clerk
Attest,. as t~ Cha tman' I
signature Only.
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~WOMAN
'~D~ WS1, County Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
16A2
AUG - 3 1999
AGREEMENT OF ASSIGNMENT
1999, among Good Wheels, Inc., 10075 Bavaria Road, S.E., Fort Myers, orida 33913
("Assignor"), the Collier County Board of County Commissioners, 3301 E. Tamiami Trail,
Building F, Naples, Florida 34112 ("Assignee"), and the State of Florida Department of
Transportation (the "Department"),
WITNESSETH
WHEREAS, Assignor has entered into two Joint Participation Agreements with the
Department, one on State Project Number 03000-3824, Contract Number AF291 (dated
November 4, 1997), the other on Financial Management Number 204783, Contract Number
AG064 (dated August 7, 1998); and
WHEREAS, said Agreements are by their terms assignable only upon the prior written
consent of the Department; and
Wlq~REAS, Assignor desires to assign the Agreements to Assignee and Assignee is willing
to perform all duties and obligations under the Agreements;
NOW, THEREFORE, in consideration of the foregoing and in consideration of Ten
Dollars ($10.00) in hand paid by each party hereto to the other and for other good and valuable
consideration flowing among the parties hereto, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree as follows:
1. Assignor hereby grants, bargains, sells, conveys, transfers, assigns and sets over his entire
rights and delegates his entire duties under the Agreements to Assignee subject to the covenants
and conditions herein mentioned.
2. Assignee hereby assumes all obligations of Assignor for the performance and payment
under the Agreements for all work undertaken by Assignor prior to the effective date of
Assignment of the Agreements including but not limited to existing liabilities and sub-
contractor/co-contractor obligations; and Assignee hereby assumes the Agreements and shall
hereafter perform faithfully all of the covenants, stipulations and agreements contained therein.
3. Assignor and Assignee hereby request that the Department consent to the assignment of
the Agreements to Assignee.
4. The Department consents to the assignment of the Agreements to Assignee; provided,
however, the Department's consent to this assignment shall not constitute a waiver of the general
prohibition against assignment contained in the Agreements, as to further assignments and shall
not constitute a release of Assignor under the Agreements to the extent of Assignor' s performance
16A2
up to the effective date of this Assignment or to the extent of Assignee's failure to perform under
the Agreements hereafter, it being understood that this Assignment shall not be deemed to effect
a novation.
5. All sums which become payable by the Department under the Agreements for services
rendered on and after the date of this assignment agreement shall be made to the Assignee, as
between Assignor and Assignee (including, without limitation, retainages), and shall be properly
allocated or divided by and between Assignee and Assignor. In the event any dispute arises
between Assignor and Assignee as to the allocation or division of the Department's payments
between Assignor and Assignee, such dispute shall be resolved strictly between Assignor and
Assignee and the Department shall have no liability or responsibility whatsoever in regard to
resolving any such dispute. Assignee and Assignor hereby agree that, when the Department shall
have made payments pursuant to the Agreements, regardless of whether such payments have
heretofore been made to Assignor or hereafter to Assignee, which in the aggregate are equal to
the total sums payable by the Department under the Agreements, such payment shall constitute
satisfaction in full of the Department's obligation to pay the sums which it is obligated to pay
pursuant to the Agreements. With respect to work and materials heretofore furnished by Assignor
pursuant to the Agreements, Assignor shall, to the extent that he has not heretofore been paid for
such work and materials by the Department, look solely to Assignee for payment for such work
and materials.
6. Assignee warrants that he has obtained and shall maintain insurance policies in compliance
with the Agreements requirements, including but not limited to, general liability insurance,
vehicular insurance, and workers' compensation insurance.
7. Assignee specifically acknowledges and agrees that no delays or requests for additional
compensation or supplemental agreements shall be granted due to this Assignment or the
duplication of any services of Assignor by Assignee, it being understood that Assignee shall stand
in the place of Assignor as though no assignment has occurred.
8. Assignor hereby represents, and Assignee hereby accepts, that there are no claims or
demands against the Department arising out of or related to the performance under the Agreements
prior to the effective date hereof, except for contractual compensation which may not have yet
been paid, and any such claims, other than contractual compensation, are hereby waived and
released.
AA24
AUG- ~ 1999
ASSIGNOR:
ATFEST:
ASSIGNEE:
Approved as to form
& legal sufficiency:
C li~n~y Attorney's Office
ATFF_,ST:
Approved: ~rr~//..~ l
Public TranSportation Manager
GOOD WHEELS, INC.
COLDER CO~ BO~ OF
CO~ CD~SSlO~
PamelaS Mac.e, ~ , ~x-
Cha~om~ ' ..
FLORID~EPARTMENT
DistYict S~reta7 ,
· ~/ Ex;~u-tive ~ecre~ary ~
H:\US ERS\LG 150RL\WHC~,LEOAL~u~SS IObL (2)
3
III.
IV.
V. Certification for the Purchase of Rolling Stock
VI. Bus Testing Certification
VII. Charter Service Agreement
VIII. School Transportation Agreement
IX. Certification for Demand Responsive Service
X. Substance Abuse
XI. Certification for Project Involving Financing Costs
XII.Certifications for the Urbanized Area Formula Program and
the Job Access and Reverse Commute Program
Transit Enhancement Activities Report Submitted
(Required for Recipients with 200,000 or more population)
Appendix A
FEDERAL FY 1999 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANC~ij6
Name of Applicant: Collier County Board of County Commissioners
The Applicant agrees to comply with applicable requirements of Categories I-XV. X~
(The Applicant may make this selection in lieu of individual selections below)
OR
The Applicant agrees to comply with the applicable requirements of the following categories it has
selected:
I. Certifications and Assurances Required of Each Applicant. ~
II. Lobbying Certification
Effects on Private Mass Transportation Companies
Public Hearing Certification for a Project with Substantial Impacts
- 3 1999
XIII. Certifications for the Elderly and Persons with Disabilities Program
XIV. Certifications for the Nonurbanized Area Formula Program
XV. Certif'~cations for the State Infrastructure Bank (SIB) Program
(Both sides of this Signature Page must be appropriately completed and signed where indicated.)
Appendix A
16A24
FEDERAL FISCAL YEAR 1999 FTA CERTIFICATIONS AND ASSURANCES
(Required of all Applicants for FTA assistance and all FTA Grantees with an active Capital or formula project)
AUG- 3 1999
Name of Applicant: Collier County Board of County Commissioners
Name and Relationship of Authorized Representative: Pamela S. Mac'Kie, Chairwoman
BY SIGNING BELOW I, Pamela S. Mac'Kie, Chairwoman, on behalf of the Applicant, declare that the Applicant has
duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the
Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance
required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 1999.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which
the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 1999.
The Applicant aft'ms the truthfulness and accuracy of the certifications and assurances it has made in the statements
submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of
the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations,
"Program Fraud Civil Remedies, "49 CFR part 31 apply to any certification, assurance or submission made to FTA.
The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in
connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification,
assurance, or submission made in connection with any other program administered by FTA.
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any
other st t t d b~true and correct.
Signat&e// L,/' "~ ~ ' _ __ // '
Namer/ Pareels S. Mac'Kie. Chairwon/an ..
Auth ' dRo es t tiv~ofAPplic~at /attest as to ¢l ltrma'$
/ signature only.
fOF
AFFIRMATION OF APPLICANT'S ATTORNEY ~t'" "' ; .... "' .....
Collier County Board of County Commissioners(Name of A )pqPc ilit ': :.':' i.,
As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority
under state and local law to make and comply with the certifications and assurances as indicated on the foregoing
pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal
and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will
notify the Applicant promptly, which may so inform FTA.
,~.Signaturc~ ~ ~ Date:
ame D~v~d C. We~el, County Attorney
Applicant's Attorney
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or
formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number
in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in writing dated
this Federal fiscal year.
August 3, 1999
Item #16A25
AMENDMENT NO. i FOR CONTRACT GC526 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP), FOR PETROLEUM STORAGE FACILITY
ASSESSMENTS WITHIN THE COUNTY
Page 181
P CONTRACT NO. GC526
AMENDMENT NO. 1
AUG- 3 1999
· ,~ ~:mered into on the 1s* day of October, 1997, between the
FLORIDA DEPART~-N~ OF ENVIRONMENTAL PROTECTION (hereinafter referred to as
the "Department" or "DEP") and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") is hereby amended.
WHEREAS, the Department repealed Chapter 62-762, Florida Administrative Code
effective July 13*, 1998; and,
WHEREAS, several of the attachments included as part of the Contract have been revised
as guidance documents and are subject to change periodically; and,
WHEREAS, modification of the general provisions of the Contract are necessary due to
program changes.
NOW, THEREFORE, the parties hereto agree to the following:
· All references to Chapter 62-762, Florida Administrative Code, are hereby deleted.
· Paragraph 1.B of the SCOPE OF SERVICES section is hereby replaced in its entirety with
the following:
Bo
Meeting with the owners or operators of all regulated facilities in Collier County
and detentfining compliance with Chapter 62-761, F.A.C., and Chapter 376,
Florida Statutes, with the exception of CONTRACTOR-owned/operated facilities.
Inspections should be performed in accordance with each executed Task
Assignment in the following priority order:
Perform a discharge inspection at all facilities with known or suspected
discharges involving free product within twenty-four (24) hours of receipt of
notification. Send Cleanup Notification letter to facility owners or operators.
Perform a discharge inspection at all facilities with known or suspected
discharges within ten (10) working days of receipt of notification. Send
Cleanup Notification Letter to facility owners or operators, if appropriate.
3. Perform all Closure Inspections at all known storage tank system closure
activities.
Perform all installation inspections of new installations in Collier County to
ensure that the system is properly installed and constructed in accordance with
the applicable provisions of Chapter 62-761, F.A.C.
DEP Contract No. GC526, Amendment No. 1, Page 1 of 7
AU6- 3 1999
Perform routine compliance inspections and required re-inspections at
facilities listed on each executed Task Assignment. The list will include all
facilities with at least one regulated system.
The CONTRACTOR will perform routine compliance inspections and
required re-inspections of facilities listed on each executed Task Assignment
based on resources and priorities. Facilities not inspected during the current
executed Task Assignment must be inspected during the subsequent Task
Assignment.
Re-inspections should be performed only as needed to verify compliance of
items previously identified as having a moderate or major potential for harm
to the environment or a moderate or major extent of deviation from the
regulations, as referenced in the Storage Tank Penalty Guidelines and
Assessments Memo (Guidance Document A) and Appendix A of the Storage
Tank & Contamination Monitoring System Guidelines (Guidance Document
D). All violations, regardless of severity, which solely involve notification or
reporting, will not require a re-inspection. The CONTRACTOR may not
perform an indicated re-inspection if the CONTRACTOR and the
Department's Task Manager agree it is unwarranted.
Paragraph 1.D of the SCOPE OF SERVICES section is hereby replaced in its entirety with
the following:
Complete inspection forms (Guidance Document E) in accordance with the
minimum standards referenced in Guidance Document D.
Paragraph 2 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the
following:
Perform Level One Enforcement actions. These actions shall include
investigation and documentation of violations, preparation of noncompliance
letters and warning letters and related activities as described in Attachment A and
in accordance with the Storage Tank Program Guidance Memo on Post Inspection
Procedures (Guidance Document B) and Level of Effort Memo (Guidance
Document H). Level One enforcement activities shall be conducted by an
individual(s) in a position equivalent to an Environmental Specialist II level or
higher. Noncompliance letters may be prepared and sent by an individual(s) at the
Environmental Specialist I level under the direction of an individual at the
Environmental Specialist II level or higher. All enforcement documents shall be
on DEP forms, in DEP format, or have DEP approval. Any penalties assessed
under this Contract shall be in accordance with DEP's penalty policy and
procedures.
DEP Contract No. GC526, Amendment No. 1, Page 2 of 7
AU6- 3 1999
Paragraph 3 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the
following:
o
The CONTRACTOR shall assess performance levels monthly to determine its
progress towards completion of each Task Assignment and upon discovery shall
notify the DEP Task Manager of any problems that would delay or prevent the
timely progress and completion of each Task Assignment. Four months from the
effective date of each Task Assignment, the CONTRACTOR should have
completed 33 percent of the required routine compliance inspections as indicated
by the Task Assignment. If the actual number of required routine compliance
inspections falls below 20 percent for the fourth month, 30 percent for the fifth
month, 40% percent for the sixth month, 48 percent for the seventh month, 57
percent for the eighth month, 65 percent for the ninth month, 73 percent for the
tenth month, or 82 percent for the eleventh month, then the CONTRACTOR shall
submit a Corrective Action Plan, within ten (10) days of receipt of a written
request from the DEP Task Manager, to the DEP Task Manager describing the
steps it will take to meet the terms of the Task Assignment. If there is any
indication that other required inspections are not being performed, the DEP Task
Manager may request the submission of a Corrective Action Plan. The DEP Task
Manager shall be responsible for reviewing the plan and notifying the
CONTRACTOR if the plan is approved or in need of revision. If the
CONTRACTOR does not successfully implement the Plan as approved by the
DEP Task Manager for the remaining months of the Task Assignment, the
Department may withhold timber payment of monthly invoices until such time as
the CONTRACTOR comes into compliance with those performance levels as
outlined above. A completion rate of 100 percent is required for those activities
described in paragraph 1, above, and as set forth in the Task Assignment. In the
event the CONTRACTOR is unable to meet 100% performance levels set forth in
the Task Assignment, the Department reserves the fight to seek cost recovery
according to the percentage of the amount identified in the executed Task
Assignment, unless failure of the CONTRACTOR to perform is documented to be
beyond the foreseeable control of the CONTRACTOR (i.e. a force majeure
event).
Paragraph 1 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
Administer the compliance verification program, provide technical assistance, and
perform enforcement actions. Enter into STCM and PCTS related data generated
from the inspections under the direction of the DEP prior to the submittal of an
invoice and yellow copies of the compliance verification forms to the District.
Paragraph 12 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
DEP Contract No. GC526, Amendment No. 1, Page 3 of 7
· " AUG- 3 1999
12.
Perform all clerical and data entry activities for the above mentioned tasks, by an
individual at a minimum equivalent to a Secretary Specialist level or higher. Data
entry will be performed in accordance with the Storage Tank & Contamination
Monitoring System Guidelines and meet the time frame established in the Reports
and Deliverables section of this Contract.
Paragraph 20 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
20. Acknowledge receipt of the following guidance documents:
ho
B.
C.
D.
E.
Fo
Storage Tank Penalty Guidelines and Assessments Memo
Storage Tank Program Guidance Memo on Post Inspection Procedures
Pollutant Storage Tank Closure Assessment Requirements
Storage Tank & Contamination Monitoring System Guidelines
Storage Tank Facility Compliance Inspection Report Form and Database
Entry Forms
Compliance Verification Program Local Program Review Form
Contractual Services Invoice
Level of Effort Memo
The CONTRACTOR agrees that the services required under this Contract shall be
performed in accordance with the above listed guidance documents and as those
documents may be amended from time to time.
Paragraph 8 of the DEP RESPONSIBILITIES section is hereby revised to read as follows:
At least once annually, perform a Program Review using the Compliance
Verification Program Local Program Review Form (Guidance Document F). The
CONTRACTOR shall be notified, in writing, at least fourteen (14) calendar days
prior to performance of such review. The DEP Task Manager may perform
additional program reviews, as deemed necessary, to insure lhe required
performance of the CONTRACTOR.
The REPORTS AND DELIVERABLES section of the Contract is hereby revised to read as
follows:
In an effort to conserve and recycle natural resources, the CONTRACTOR shall submit all
reports and correspondence generated under this Contract on recycled paper.
The CONTRACTOR shall complete the appropriate section(s) of the Storage Tank Facility
Compliance Inspection Report Form and Database Entry Forms (Guidance Document E) for
each facility inspected. The CONTRACTOR shall send copies to the DEP Task Manager's
attention at the Florida Department of Environmental Protection, South District Office,
Storage Tank Regulation Section, 2295 Victoria Avenue, Suite 364, Ft. Myers, Florida
33901, on a monthly basis, and enter this information, along with enforcement tracking
DEP Contract No. GC$26, Amendment No. 1, Page 4 of 7
AU6- 3 1999
information, into the DEP computer database by the 10th day of the following month. The
yellow copy of all compliance verification forms completed each month shall be submitted
along with the invoice to the DEP-Distriet Office no later than the 15t~ day of the following
month. If the 15tu falls on a weekend or State observed holiday, the CONTRACTOR shall
submit the required information no later than the next business day following the weekend or
holiday.
The DEP Task Manager shall verify the number of compliance verification inspection forms
received and entered into the STCM database before the monthly invoice is forwarded to the
Bureau of Petroleum Storage Systems in Tallahassee, Florida for processing. The DEP has
ten (10) working days from the receipt of all deliverables and reports to review the work
performed by the CONTRACTOR during the invoice period. If the CONTRACTOR fails to
perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice
and/or reports and deliverahles to the CONTRACTOR documenting the areas in which the
CONTRACTOR has failed to meet its contractual obligations.
· The PAYMENTS section of the Contract is hereby revised to read as follows:
The CONTRACTOR shall submit monthly invoices in the amount specified in the executed
Task Assignment. Each invoice shall be submitted using the Contractual Services Invoice
form provided as Guidance Document G. Each invoice is due no later than the 15~ day of the
month following the month of services. Travel expenses associated with the annual meeting,
Storage Tank Program Guidance Meetings, Tanks Program Supervisor's Meetings, and travel
required for inspections, enforcement re-inspections, district coordination, training and
monthly teleconferenees are included in the monthly payment schedule and no additional
travel expenses will be authorized. Each invoice must be submitted in detail sufficient for
pre-audit and post-audit review. A final invoice must be submitted within thirty (30) days of
the completion date of the end of the executed Task Assignment to assure the availability of
funding for payment. The DEP shall pay all satisfactory invoices in accordance with Section
215.422, Florida Statutes. Two copies of each invoice shall be submitted to:
Department of Environmental Protection
South District Office
Attn: Send to the DEP Task Manager ~ Attention
2295 Victoria Avenue, Suite 364
Ft. Myers, Florida 33901
Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have
five (5) working days, unless otherwise specified herein, to inspect and approve the services
for payment; the Department must submit a request for payment to the Florida Department of
Banking and Finance within twenty (20) days; and the Department of Banking and Finance is
given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is
received or services received, inspected, and approved. Invoice payment requirements do not
start until a proper and correct invoice has been received. Invoices which have to be returned
to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman
has been established within the Florida Department of Banking and Finance who may be
DEP Contract No. GC526, Amendment No. 1, Page $ of 7
AUG- 3 1999
contacted if a contractor is experiencing problems in obtaining timely payment(s) from a
State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or
1-800-848-3792.
In accordance with Section 215.422, Florida Statutes, the Department shall pay the
CONTRACTOR, interest at a rate as established by Section 55.03(1), Florida Statutes on the
unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days
after receipt of a correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced unless a contractor requests
payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's
Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or
.02740% per day. The revised interest rate for each calendar year beyond 1999 for which the
term of this Contract is in effect can be obtained by calling the Department of Banking and
Finance, Vendor Ombudsman at the telephone number provided above or the Department's
Contracts Section at 850/922-5942.
The following attachments are hereby deleted in their entirety.
=:~ Attachment C, Pollutant Storage System Compliance Inspection Verification Program
Review (7 pages)
:=> Attachment D, Pollutant Storage Tank System Inspection Report Form (9 pages)
=> Attachment E, Florida Petroleum Liability and Restoration Insurance Program Checklist
(2 pages)
=~ Attachment F, Contractual Services Invoice Form (4 pages)
In all other respects, the Contract of which this is an Amendment, and attachments
relative thereto, shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
D!r.p Contract No. GC$26, Amendment No. 1, Page 6 of 7
AU6- 3 1999
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed
the day and year last written below.
COLLIER COUNTY BOARD OF
COUNTY_COMMISSIONERS
By'
T
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Secretary or designee
DEP Contracts
Approved as to form and legality:
DEP ~ttomey
DEP Contract No. GC$26, Amendment No. 1, Page 7 of 7
August 3, 1999
Item #16A26
PUBLIC TRANSPORTATION DEVELOPMENT PLAN AND CREATION OF A PUBLIC
TRANSPORTATION MANAGER POSITION AND LETTER ACKNOWLEDGING COUNTY,S ROLE
AS GOVERNING AGENCY
Page 182
Appendix A - 3 1999
FEDERAL FISCAL YEAR 2000 FTA CERTIFICATIONS AND ASSURANCES
(Required of all Applicants for FTA assistance and all FTA Grantees with an active Capital or formula project)
Name of Applicant: Collier County Board of County Commissioners
Name and Relationship of Authorized Representative: Pamela S. Mac'Kie, Chairwoman, Collier County BCC
BY SIGNING BELOW I, Pamela S. Mac'Kie, on behalf of the Applicant, declare that the Applicant has duly authorized
me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to
comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application
it makes to the Federal Transit Administration (bTA) in Federal Fiscal Year 2000.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which
the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements
submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of
the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations,
"Program Fraud Civil Remedies, "49 CFR part 31 apply to any certification, assurance or submission made to IrA.
The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection
with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or
submission made in connection with any other program administered by FTA.
In signing this document, I declare under penalties of perjury that the foregoing certifications and ass~i'ances, and
other statements made by me on behalf of the Applicant are true and correct.
Signature Date:__
Name: Pamela S. Mac'Kie, Chairwoman, Collier County BCC
Authorized Representative of Applicant
AFFIRMATION OF .aPPLICANT'S ATTORNEY
for Collier County Board of County Commissioners
As the undersigned legal counsel for the a~ve nam~ Applicant, I hereby amrm to the Applicantgat
under state and local law to make and comply with the certifications and assurances as indicat~ on the foregoing
I fuRher affirm that, iu my opinion, the ce~ifications and assurances have been legally made and constitute legal and
binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, ifl become aware of circumstances that change the accuracy of the foregoing statements, I will
notify the Applicant promptly, which may so inform FTA.
Signature d~~--' g ~,~-~ Date:.__~-- ~'~--~ _
Name: David Weigel, County Attorney
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capit',d or
formula project must provide an Attorney's affirmatic, n of the Applicant's legal capacity. The Applicant may enter its PIN number in
lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in writing dated this
Federal fiscal year.
AUG- 3 1999
John C. Norris
District 1
James D. Carter, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Bemj
District 5
3301 East Tamiarni Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
August 3, 1999
Mr. John Starling, District Public Transportation Manager
Florida Department of Transportation
P.O. Box 1249
Bartow, Florida 33831-1249
Re: Public Transportation in Collier County
Dear Mr. Starling:
The Board of County Commissioners has agreed to become the Governing Agency for
transit in Collier County. As such, Collier County requests that the Florida Department
of Transportation make appropriate state and federal funding allocations for the purchase
and operation of transit equipment in Collier County. Details of the amounts and time
frames will follow.
YourS, Chairwoman,
Board of County Commissioners
C.C
Robert Fernandez, County Administrator
Vincent Cautero, AICP, Community Development and Environmental Services
Division Administrator
Robert Mulhere, AICP, Planning Services Director
Gavin Jones, P.E., Transportation Planning Manager
John Limbaugh, Intergovernmental Liaison, FDOT Ft. Myers office
Fran Theberge, Transit Project Coordinator, FDOT Ft. Myers office
16 ,P6
Appendix A
FEDERAL FISCAL YEAR 2001 FTA CERTIFICATIONS AND ASSURANCES
Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project)
Name of Applicant: Collier County Board of County Commissioners
Name and Relationship of Authorized Representative: James D. Carter, Ph.D., Chairman, Collier County BCC.
BY SIGNING BELOW I, James D. Carter, on behalf of the Applicant, declare that the Applicant has duly
authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant
agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for
each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2001.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in Appendix A, should apply, as required, to each project for
which the Applicant seeks now, or may Pater, seek FTA assistance during Federal Fiscal Year 2001.
The Applicant affums the tmth~lness and accuracy of the certifications and assurances it'has made in the
statements submitted herein with this document and any other submission made to FTA, and acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq.., as implemented by U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission
made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission
made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any_other
certification, assurance, or submission made in connection with any other program administered
In signing this document, I declare under penalties of perjury that the foregoing certifications and ~sumxid~g}':~and: .'.;': ~!
any other statements made bygle~m-b~a~cant are true and correct. attest
~~~art.. er Pt. D., Chair~n, Colher County BCC ~TT[~f
Authorized Representative of A~mlicant DIN I GHT
for Conie County Board of County Co , issioners -'--
As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has
authority under state and local law to make and comply with the certifications and assurances as indicated on the
foregoing pages. I further affm,a that, in my opinion, the certifications and assurances have been legally made and
constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imm'ment that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I
will notify the)~ic~i prTptly,~FTA.
Signature _ - Date: _./
Name: H~ ~ I ~. ~JqlDPO ~ A i,6~'~-e'rt' tDU~)l~t Applicant's Attorney
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital
or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN
number in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated
this Fedl~xa[ fiscal year.
16 26
Appendix A
FEDERAL FY 2001 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE
Name of Applicant: _Collier County BCC
The Applicant agrees to comply with applicable requirements of Categories I - XV. _Yes__
(The Applicant may make this selection in lieu of individual selections below.)
OR
The Applicant agrees to comply with the applicable requirements of the following categories it has selected:
II.
III.
IV.
V.
VII.
IX.
X.
XI.
XII.
Certifications and Assurances Required of Each Applicant.
Lobbying Certification
Effects on Private Mass Transportation Companies
Public Hearing Certification for a Project with Substantial Impacts
Certification for the Purchase of Rolling Stock
Bus Testing Certification.
Charter Service Agreement.
School Transportation Agreement.
Certification for Demand Responsive Service
Substance Abuse Certifications
Certification for a Project Involving Financing Costs
Certifications for the Urbanized Area Formula Program and
the Job Access and Reverse Commute Program
Transit Enhancement Activities Report
(Required for Recipients with 200,000 or more population)
Submitted
XIII. Certifications for the Elderly and Persons with Disabilities Program
XIV. Certifications for the Nonurbanized Area Formula Program
XV. Certifications for the State Infrastructure Bank (SIB) Program
(Both sides of this Signature Page must be appropriately completed and signed where indicated.)
August 3, 1999
Item #16B1
ALTERNATE ROAD IMPACT FEE FOR THE NAPLES EXECUTIVE GOLF COURSE - IN
THE AMOUNT OF $34,678.77
Item #16B2
ALTERNATE ROAD IMPACT FEE FOR THE OLD CYPRESS (FKA WOODLANDS) GOLF AND
COUNTRY CLUB - IN THE AMOUNT OF $15,044.47
Item #16B3
ALTERNTAE ROAD IMPACT FEE CALCULATION FOR THE VANDERBILT COUNTRY CLUB
(VCC) DEVELOPMENT IN THE AMOUNT OF $538,658
Item #16B4 - Moved to Item #8B5
Item #16B5
RESOLUTION 99-317, PROVIDING FOR THE TENTATIVE AWARD OF A CONTRACT TO
PROJECT INTEGRATION, INC., TO CONSTRUCT IMPROVEMENTS TO THE NORTH
COUNTY WATER RECLAMATION FACILITY - IN THE AMOUNT OF $18,350,000.00
Page 183
RESOLUTION NO. 99- 317
A RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-
OFFICIO THE GOVERNING BOARD OF TIlE COLLIER
COUNTY WATER SEWER DISTRICT, PROVIDING FOI~ THE
TENTATIVE AWARD OF A CONTRACT TO PROJECT
INTEGRATION, INC., TO CONSTRUCT IMPROVEMENTS TO
THE NORTH COUNTY WATER RECLAMATION FACILITY
PURSUANT TO THE FLORIDA STATE REVOLVING LOAN
FUND PROGRAM, SUBJECT TO REGULATORY APPROVAL;
AUTltORIZING EXECUTION OF TIlE CONTRACT
DOCUMENTS BY TilE CllAIRMAN OF Tile BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR Tile READING
OF Tills RESOLUTION BY TITLE ONLY; AND PROVIDING AN
EFFECTIVE DATE.
0 3
WHEREAS, the Board of County Commissioners wishes to utilize funds from the
Florida State Revolving Fund (SRF) Loan Program to construct improvements at thc
North County Water Reclamation Facility, and
WHEREAS, on June 9, 1999, bids wcrc received for thc project to construct
improvements at the North County Water Reclamation Facility; and
WHEREAS, the Board of County Commissioners' cousulting engineer, Hazcn and
Sawyer, P.C., has recommended tentative award of thc contract to Project Integration,
Inc., in thc amount of eighteen million three hundred fifty thousand dollars
(18,350,000.00),
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
SECTION ONE:
A contract to construct improvcmcnts to thc North County Water Reclamation
Facility, pursuant to Bid No. 99-2908, is conditionally awarded to Project Integration,
Inc., in the total contract amouut of $18,350,000.00 subject to approval by thc Florida
Department of Environmental Protection, and authorizes their Chairman to execute the
contract documents.
SECTION TWO:
This Resolution shall take effect immediately upon adoption.
~.PASS, ED AND DULY ADOPTED
· !~ ~ ,~.. It
.,E~llier,, count~,' Florida this',~,/¥t-- day of
:ATTEST:
Dwight E. Brock, Clerk
~ .
?~y.,
Attest Chat 's
slgaat
by the Board of County Commissioners
~ , 1999.
BOARD OF COUNTY COMMISSION'tiRS
c 7777
I)y:J~/~ ' ' ' ' " 7 '
I'amcla S. Mac'Kic, Chair3~'oman
/
~ficiency:
Assistant County Attorney
of
August 3, 1999
Item #16B6
WORK ORDER VGW-FT-99-3 TO THE V GROUP WILKISON JOINT VENTURE FOR
ENGINEERING SERVICES REALTED TO A PROPOSED 20-INCH RECLAIMED WATER
MAIN ALONG VANDERBILT BEACH ROAD, PROJECT 74034 - IN THE AMOUNT OF
$78,015
Page 184
AU6 0 3 '1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
August 3, 1999
Item #16B7
DONATION AGREEMENT AND UTILITY EASEMENT FROM AUDUBON JOINT VENTURE FOR
ACCESS AND MAINTENANCE WITHIN AUDUBON COUNTRY CLUB
Page 185
PROJECT: 74020
FOLIO: 22510003009, 22510002204, 22510003601
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered by and between AUDUBON JOINT VENTURE, a Florida general partnership,
whose mailing address is 15725 North Tamiami Trail, Naples, FL, hereinafter referred, to as
Owner, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AS THE (~OVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, as County.
(wherever used herein the terms "Owner" and "County" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns)
WITNESSETH:
WHEREAS, Collier County has requested that Owner convey to the County a
perpetual, non-exclusive easement for the purpose of constructing, operating, and
maintaining utility facilities utilities over, under, upon and across the Owner's property
described in Exhibit "A" which is attached hereto and made a part of this Agreement; and
Whereas, Owner recognizes the benefit to Owner and desires to convey the Easement to the
County for no compensation for the stated purposes, on the terms and conditions set forth
herein; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey an Easement to Collier County at no cost to the County for
utility purposes.
2. Owner is aware and understand that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. Prior to Closing, Owner shall obtain form the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
propedy executed, to Pumhaser on or before the date of Closing.
4. The County shall pay for all costs of recording the conveyance instrument in
transaction in the Public Records of Collier County, Florida.
5. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
6. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.
7. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
AS TO PURCHASER:
DATED::~,~,,~
ATlEST:
DWIGHT E. BROCK, Clerk
~Z/,~/~9F~-4~4~ De~)u~y Clerk
s~gnl~ure ~]$.
BOARD OF COUNTY COMMISSIONERS
WlT, NESSES: ~. ,,,~
Wit~es~(Sig?ature)
N a me'~././//YT-//// /~__~'
"(Print)
Witness (Signature)
Name:~~¢~
(Print)
Audubon Joint Venture
a Florida general partnership
Title/Name
(Print or type)
Page 3
STATE OF
COUNTY OF
The foregoing Donation Agreement was acknowledged before me this ~ day of
Aud~~ubo,n1999, by (name)~ObEgF I{-. ~--~r,/ as (title)~¢r~g~.
Joint Venture, a Florida general paAnership, on behalf of the paAnership, who is
~6n~ll~ known to ~or who has produced as identification.
(a~x notarial seal) ~~ ~ ~
(Si~ature of Nota~ Public)
y~.-~-~ ~nel~e L A~orn
~.: t,~ ~COMMISSION~CC?~22~ E~ES ( Print name of Nota~ Public)
~ )u~ 2~ 2002 NOTARY PUBLIC
Seriam/Commission ~' if any.
My Commission Expires:
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT: 74020
FOLIO: 22510003009, 22510002204, 22510003601
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ).~/~-- day of A?';! ,
19 <Icj , by AUDUBON JOINT VENTURE, a Florida general partnership, as Grantor, to
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, 3301
East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WlTNESSETH:
Grantor, for 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, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility purposes, on the following described lands 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.
THIS IS NOT HOMESTEAD PROPERTY
~ TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials including, but not limited
to, sewer lines and pipes, service and pump stations, and other eq~!pment or
improvements appurtenant thereto or thereunder for the purpose of constructing,
operating, and maintaining utility facilities thereon. Grantor and Grantee are used for
singular or plural, as the context requires. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
Page 2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WI~N/I~SSES/;~ ,.
Witne§s (Signa{u~$)
Name:
(~rint)
Witness (Signature)
Name~~~
(Print)
Audubon Joint Venture
a Florida general partnership
Title/Name _
Name: ~'~3~ }'-} (Print or type)
COUNTY OF
The foregoing Eas~,:qent was ac.knowledged before me this ,)..sT`` ~ay of
1999, by (name) ~'0~c~-~--T ~1' ~(~J~' as (title)~.~f'LpL ~.~-P_r~a~.----rz_ of
loint Venture, a Florida general partnershiP, on behalf of the partnership, who
ly ~n~wn to m~'~or who has produced as identification.
(affix
notarial
seal)
(Signature of Notary Public)
~'""~-~., Penelope L Alcom
..'.~ . ,~
~,~,...~_.= MY COMMISSION ,f ¢¢76~2~ EXPIRES
· .~, .~-
~ :u~ 2¢ 2002
8~D ~U ~y F~ I~U~ ~C
( Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission #' if any
My Commission Expires:
AUDUBON BOULEVARD
TRACT R .,
· ~UG ~ 3 1999
N
SCALE: 1' '- 50,'
SOUTH UNE, AUDUBON COUNTRY CLUB, UNIT TWO
S.E. COR. AUDUBON
COUNmY CLUB, UNIT TWO
S B%~.~3_l' w
~ OF THE CENTERLINE OF A 15 FEET WiDE STRIP OF LAND
RUNNING THROUGH TRACTS L-17, V-12 &: R OF AUDUBON COUNTRY
CLUB, UNIT TWO, PLAT BOOK 21, PAGES 21-26, COLLIER COUNTY,
FLORIDA:
COMMEN~. lNG AT THE SOUTHEAST CORNER OF SAID AUDUBON COUNTRY
CLUB, UNIT TWO, THENCE ALONG THE SOUTH LINE OF SAID PLAT,
.~U~TH 89'36'31" WEST 25.00 FEET; THENCE ALONG THE WEST LINE OF
RACT Y OF SAID PLAT, A.K.A., THE WEST RIGHT-OF-WAY LINE OF
VANDERBILT DRIVE (AS CONVEYED ON SAID PLAT), NORTH 00'44'27"
WEST 11`3.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 66'
`39'45" WEST 29.14 FEET; THENCE BY A LINE RUNNING PARALLEL TO
AND 7.50 FEET SOUTHERLY OF THE SOUTH LINE OF TRACT R, SOUTH
89'15'3.3" WEST 173.97 .FEET; THENCE SOUTH `35'57'53" WEST' 5.3.00
FEET TO THE ~OINT OF TERMINATION.
THIS IS NOT A SURVEYI
SKETCH OF DESCRIPTION
FOR COLLIER COUNTY PUBLIC WORKS
FILE: CCAUDCC. DWG
PREPARED BY:
· ~L~I$ONo ~.$.M.
C..**-*'H. ORIDA UCENSE NO. LS4675
WILKISON &:
ASSOCIATES
CONSULTING ENGINEER$.. AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941 643-240~ FAX NO. 941 64-3-5173
DATE, I FI]
09-30-98 ! 200
PO DRAWN BY
36 JPO
W.O../I:)WG: NO..
145SS/S-L-A-g2
August 3, 1999
Item #16B8
RESOLUTION 99-318, DECREASING THE EXISTING SPEED LIMIT FROM THIRTY
MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) AND TO
PROHIBIT THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING
A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH
MOVEMENTS ON CERTAIN STREETS IN THE ESTEY AVENUE AREA AND BROOKSIDE
AREA NEIGHBORHOODS
Page 186
AUG- 3 1999
RESOLUTION NO. 99- ~l~
A RESOLUTION TO DECREASE THE EXISTING SPEED LIMIT FROM
THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER
HOUR (:25 MPH) AND TO PROHIBIT THE OPERATION OF TRUCKS AND
OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING
CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH MOVEMENTS
ON CERTAIN STREETS IN THE ESTEY AVENUE AREA AND BROOKSIDE
AREA NEIGHBORHOODS.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners
(BCC) to alter or establish a twenty-five mile per hour (25 MPH) speed limit on residential streets;
and
WHEREAS, Chapter 316, Florida Statutes, permits the BCC to regulate or prohibit any
classification or kind of traffic found to be incompatible with the normal and safe movements of
traffic on roads and streets under its jurisdiction; and
WHEREAS, an engineering study by the
Department indicates that existing speed limits and
Collier County Transportation Services
excessive through-truck traffic are not
compatible with the existing road conditions through the Estey Avenue area and the Brookside area
neighborhoods since the streets are in fully developed residential areas and the pavement width,
radii, and right-of-way width are not conducive to through truck-traffic; and
WHEREAS, Estey Avenue (from Airport-Pulling Road to Holiday Lane), House Avenue,
Steeves Avenue, Hawthorne Court, North Randall Circle, South Randall Circle, Terrace Avenue,
Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road,
Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor
Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy
Lane are a contiguous residential street network with roadway widths to accommodate only Iow
traffic volumes traveling at Iow speeds; and
WHEREAS, the BCC has determined that it will be in the best interest and benefit of the
citizens of Collier County to decrease the speed limit from thirty miles per hour (30 MPH) to twenty-
five miles per hour (25 MPH), and to prohibit the movement of through truck traffic with a rated
load-carrying capacity in excess of one (1) ton on certain streets in the Estey Avenue and
Brookside area neighborhoods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the.speed limit shall be reduced from thirty miles per hour
(30 MPH) and is hereby established at twenty-five miles per hour (25 MPH) on the following
streets: Estey Avenue (from Airport-Pulling Road to Holiday Lane), House Avenue, Steeves
Avenue, Hawthorne Court, North Randall Circle, South Randall Circle, Terrace Avenue,
AU6- 3 1999
Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road,
Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor
Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy
Lane.
BE IT FURTHER RESOLVED that the operation of trucks and other commercial vehicles
-having a rated Icad-carrying capacity in excess of one (1) ton is hereby expressly prohibited on the
following streets: Brookside Drive, Pine Street north of Terrace Avenue, Shadowlawn Drive north
of Terrace Avenue, and Estey Avenue.
BE IT FURTHER RESOLVED that authorization is hereby given to the Collier County
Transportation Services Department to erect twenty-five mile per hour (25 MPH) speed limit signs
and vehicular Icad limit signs in accordance with Chapter 316, Sections 316.006, 316.008, and
316.189, Florida Statutes, Collier County Ordinance No. 91-25.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be tendered to the Collier
County Sheriff's Office for enforcement of the speed and Icad limits established herein.
BE IT FURTHER RESOLVED that the effective date of the speed reduction and vehicular
Icad limit shall be after written notification of the speed limit reduction and vehicular Icad limit is
delivered to the Collier County Sheriff's Office and upon posting of appropriate signage.
This Resolution adopted after motion, second, and majority vote favoring same this ~.-~J~-~--~
day of ~..~
~i "!~
ATTEST:
· DWIGHT E. BROCKs. Clerk
Deputy Clerk
Attest as to
signature
ApOrove~as~ ~ and legal
su~ciency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIOI;~ERS
,1999.
August 3, 1999
Item #16B9
REDESIGN OF AIRPORT-PULLING ROAD TO AN URBAN ROADWAY TO ALLOW FOR
PATHWAYS ON BOTH SIDES OF THE ROADWAY UNDER THE SIX LANE IMPROVEMENTS,
PROJECT NO. 62031
Item #16B10
BID 99-2927 AWARDED TO SELECTED FIRMS FOR TRENCHLESS SEWER SYSTEM
REHABILITATION CONTRACTING SERVICES, PROJECT 73050
Item #16Bll
PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC. FOR SOUTH
COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION, RFP-
98-2891, PROJECT 70054 - IN THE ESTIMATED AMOUNT OF $3,920,064
Page 187
AU$ 0 3 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
August 3, 1999
Item #16B12
RESOLUTION 99-319, REDUCING THE SPEED LIMIT FROM FIFTY-FIVE MILES PER
HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON IMMOKALEE ROAD
(CR 846) FROM WILSON BOULEVARD TO 39TM AVENUE NE, AND ON OIL WELL ROAD
(CR 858) FROM CR 846 EASTERLY FOR A DISTANCE OF 0.75 MILES
Page 188
AU6- 3 999
RESOLUTION NO. 99- ~ 1 q
A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM FIFTY-
FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45
MPH) ON iMMOKALEE ROAD (CR 846) FROM WILSON BOULEVARD TO
39TM AVENUE NE, AND ON OIL WELL ROAD (CR 858) FROM CR 846
EASTERLY FOR A DISTANCE OF 0.75 MILES.
WHEREAS, Chapter 316, FlOrida Statutes, permits the Board of County Commissioners (BCC)
to alter established speed limits on roads under its jurisdiction; and
WHEREAS, Immokalee Road (CR 846) and Oil Well Road (CR 858) fall under the jurisdiction·
of the BCC; and
WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such existing
speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and
WHEREAS, the results of such engineering and traffic investigations determine that the
reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to
criteria promulgated by the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The .BCC does hereby establish a forty-five miles per hour (45 MPH) speed limit on
Immokalee Road (CR 846) from Wilson Boulevard to 39th Avenue NE, and on Oil Well
Road (CR 858) from CR 846 easterly for a distance of 0.75 miles, and does hereby direct
the County Transportation Services Department to erect appropriate advance warning
"REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof.
2. A copy of this Resolution be forwarded to the Collier County Sheriff's Office for proper
enforcement of the established speed limit for Immokalee Road (CR 846) and Oil Well
Road (CR 858), respectively, within the designated segments.
3. The effective date of the speed limit reduction shall be after wdtten notification to the
Sheriff's Office and upon posting of appropriate signage.
This Resolution adopted after motion, second, and majority vote favoring same this ~~
day 1999.
ATTEST?:;~ ~ ~;~.
. ~WIGHT E.~BROCK,',e. Jpt/k
, ~ , ,i'i~'' i~L:,.~' .,'~ ~.~'
· i',: ~,Dep. utv Clerk..,.,.~
Approved as to form and legal
suffi(jiency: .
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
August 3, 1999
Item #16B13
WORK ORDER #TS-CC-9901 TO CABANA CONSTRUCTION CO., INC. FOR BAYSHORE
BEAUTIFICATION MSTU JACK AND BORE OPERATION FOR UTILITIES - IN THE
AMOUNT OF $62,980.00
Page 189
AUG 0 3 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
August 3, 1999
Item #16B14
BID #99-2955, "IMMOKALEE ROAD GROUNDS MAINTENANCE SERVICE" - AWARDED
TO COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $69,387.12
Item %16B15
RESOLUTION 99-320, REDUCING THE SPEED LIMIT FROM FORTY-FIVE MILES PER
HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON BAYSHORE DRIVE
FROM US 41 TO THOMASSON DRIVE FOR A DISTANCE OF ABOUT ONE AND ONE-HALF
(1-1/2) MILES
Page 190
AU6- 3 1999
RESOLUTION NO. 99-320
A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM
FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER
HOUR (35 MPH) ON BAYSHORE DRIVE FROM US 41 TO THOMASSON
DRIVE FOR A DISTANCE OF 1.5 MILES.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners
(BCC) to alter established speed limits on roads under its jurisdiction; and
WHEREAS, Bayshore Drive falls under the jurisdiction of the BCC; and
WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such
existing speed limits as may be appropriate upon the basis of an engineering and traffic
investigation; and
WHEREAS, the results of such engineering and traffic investigatior~s for Bayshore Ddve
determine that a reduced speed limit is reasonable and safer under the conditions found to exist
and it conforms to cdteria promulgated by the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The BCC does hereby establish a thirty-five miles per hour (35 MPH) speed limit on
Bayshore Drive from US 41 to Thomasson Drive for a distance of 1.5 miles, and does
hereby direct the County Transportation Services Department to erect appropriate
advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice
thereof.
2. A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for
proper enforcement of the established speed limit for Bayshore Drive, respectively,
within the designated segments.
3. The effective date of the speed reduction shall be after written notification of the speed
limit reduction is delivered to the Collier County Sheriffs Office and upon posting of
signage.
* AU6- 3 '1999
This Resolution adopted after motion, second, and majority vote favoring same this ~~ay of
BOARD OF COUNTY COMMISSIONERS
COLLIER,~UNTY, FLORIDA ~
PAI~IELA S. MAC'KIE, Ch'airw~man
August 3, 1999
Item %16B16
INCREASE TO THE CONTRACT WITH TURRELL AND ASSOCIATES FOR ENVIRONMENTAL
CONSULTANT SERVICES FOR THE CLAM BAY RESTORATION PROJECT - IN THE
AMOUNT OF $40,200.00
Item #16B17
CONFIRMATION AND ACKNOWLEDGEMENT OF EASEMENTS BETWEEN COLLIER COUNTY
AND EDMARK VII, L.L.C., TRG NAPLES, LTD. AND THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA REGARDING THE LACOSTA APARTMENTS LOCATED AT THE
CORNER OF PINE RIDGE ROAD AND THE FUTURE LIVINGSTON ROAD
Page 191
UPON RECORDING RETURN TO:
Alston & Bird LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Attention: Christina K. Bralsted
STATE OF FLOR/DA
16 17
2518796 OR: 2581 PG: 1999
HC0RDID in 0~HCIAL HCORDS 0i C0LLIH COUNTY,
08/13/1999 at 10:MAll DWIGHT B. BROCK. CL~R!
HC ~B! 87.0
DOC-.70 .7
COHBS
letn:
~AL PROP~R?I
8991
COUNTY OF COLLIER
CONFIRMATION AND ACKNOWLEDGEMENT OF EASEMENTS
THI~O~NFIRMATION AND ACKNOWLEDGMENT OF EASEMENTS, is
made as of~--_~_~ 1999, by and between COLLIER COUNTY, a political subdivision
of the State of Florida (herein called "Collier County"), and EDMARK VII, L.L.C., a
Florida limited liability company (herein called "EdMark"), and joined in by TRG
NAPLES, LTD., a Florida limited partnership ("TRG") and THE PRUDENTIAL
INSURANCE COMPANY OF AMERICA, a New Jersey corporation ("Prudential").
WITNESSETH:
WHEREAS, pursuant to that certain Special Warranty Deed dated October 23,
1998 recorded in OR 2487, page 1483 (the "Deed"), a copy of which is attached hereto as
Exhibit A and by this reference made a part hereof, TRG conveyed to Collier County
certain real property located in Collier County, Florida as therein described; and
WHEREAS, pursuant to the Deed, there was reserved from the conveyance the
following easements and rights (the "LaCosta Easements"), for the benefit of property (the
"LaCosta Property") described on Exhibit C as attached to the Deed:
"Grantor hereby reserves unto itself, its successors and assigns and the
present and future owners of the property described in Exhibit "C" attached
hereto and made a part hereof, a permanent landscape easement over the
properties described in Exhibits "A" and "B" for the purpose of installing
and maintaining noise and visual landscape buffers between the property
described in Exhibit "C" and Collier County Road fight of ways.
Grantor hereby further reserves unto itself, its successors and assigns and
the present and future owners of the property described in Exhibit "C", a
permanent signage easement over the property described in Exhibit "D" for
the purpose of installing and maintaining signs advertising the use and
ATL0 I/10516754v3
Section 33
Com"u'mation of Easeraents
La Costa AparUnents; WCOT 5
activities on the property described in Exhibit "C", for the benefit of the
property described in Exhibit "C".
Grantor hereby further reserves unto itself, its successors and assigns and
the present and future owners of the property described in Exhibit "C", a
permanent access,, ingress and egress easement and also a permanent
signage easement,' both of which shall be eighty (80) feet in width over the
property described in Exhibit "B" at a location to be subsequently mutually
agreed upon in accordance with Grantee's Access Management Guidelines.
The easements shall be for the use and benefit of the property described in
Exhibit "C". The signage easement shall be for the purpose of installing
and maintaining signs within the easement, advertising the uses and
activities on the property described in Exhibit "C", for the benefit of the
property described in Exhibit "C"."
All references above to "Grantor" mean "TRG"; all references above to "Grantee" mean
"Collier County"; and all references to Exhibits above refer to the Exhibits to the attached
Deed.
WHEREAS, the Deed was executed by TRG pursuant to that certain Grant of
Easement by and between TRG and Prudential recorded in OR 2467, Page 2770, pursuant
to which TRG granted to Prudential certain easements for the benefit of the LaCosta
Property; and
WHEREAS, Collier County desires to confirm, acknowledge and agree that the
LaCosta Easements are in full force and effect for the benefit of the LaCosta Property; and
WHEREAS, TRG and Prudential desire to assign to EdMark all right, title and
interest held by TRG and Prudential in and to the LaCosta Easements, and to consent to
the confirmation and acknowledgement by Collier County;
NOW, THEREFORE, for and in consideration of the sum ofTen Dollars
($10.00) and other good and valuable consideration in hand paid upon the execution of
this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties
do hereby agree as follows:
1. Recitals. The parties each hereby approve the recitations set forth in the
preamble of this Agreement and agree that said recitations are true and correct in all
respects.
2. Confirmation and Acknowledgement. Collier County hereby confirms,
acknowledges and agrees that the LaCosta Easements are in full force and effect for the
benefit of the LaCosta Property, and hereby agrees that the land conveyed by the Deed
shall be subject to the LaCosta Easements. As confirmed and acknowledged hereby, the
LaCosta Easements shall remain in full force and effect and all obligations, covenants,
-2-
ATL01 I0516754v3
Section ~ 3
Confu'mation of Eaaements
La Costa Apartments; WCOT 5
161117
conditions, agreements and other terms and provisions thereof, as confu-med and
acknowledged hereby, are hereby ratified, confirmed, reaifarmed and republished, and are
hereby incorporated by reference.
3. Counterparts. TRG and Prudential hereby assign to EdMark all right,
title and interest held by TRG and Prudential in and to the LaCosta Easements, and hereby
consem to the confirmation and acknowledgement by Collier County
4. Successors and Assigns. This Agreement shall be binding upon each party
hereto and such party's successors and assigns and shall inure to the benefit of each party
hereto and such party's successors and permitted assigns.
5. Counterparts. This Agreemem may be executed in any number of
counterparts all of which taken together shall constitute one and the same instrument and
any of the parties or signatories hereto may execute this Agreemem by signing any such
counterpart.
6. Sever'ability. If all or any portion of any provision of this Agreement shall
be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality
or unenforceability shall not effect any other provision hereof or thereof, and such
provision shall be limited and construed in such jurisdiction as if such invalid, illegal or
unenforceable provision or portion thereof were not contained herein or therein.
ATL01/10516754v3
Section 33
-3-
Confumation of Easernems
La Costa Apartments; WCOT 5
16B17
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in manner and form sufficient to bind it as of the day and year first above written.
Tax Parcel ID No.: d)OSl.~q~,c~,~ ~ ~
BOARD OF COUNTY
COMMISSIONERS, COLLIER
ATL01 10516754v3
S¢Ct1011 .:~ 3
-4-
Confumation of Easements
La Costa Apartments; WCOT 5
16Bl?
Signed, sealed and delivered in the
presence of:
witne~s
Prim~d Name: x.f~7~//
Witness Q.)-
Printed Name:
Tax Parcel ID No.:
~ PRUDENTIAL INSURANCE
COMPANY OF AMERICA, a New
Sersey co~or~ //ff ,
VICE PREStDENI
Address:
c/o Prudential Real Estate Investors,
Arbor Circle South, 8 Campus Drive
Parsippany, New Jersey 07054
ATLOI/IOS16754v3
Section 33
-5-
Confumalion of Ea..ma~rts
La Costa Apaxtments; WCOT 5
16817
STATE OF ~ '''~-
COUNTY OF ~ f' C ~' ~
The foregoing instrument was acknowledged before me this I'~_.___~ay of
-5~, i~ , 1999, by 0~( ~ua, q ~ecc, the ~ ¢ of THE
PRUDENTIAL INSURANt}E COMPANY OF AMERICA, a New Jersey corporation, on
behalf of the Said officer or partner is personally known to me or
has produced as identification.
Commission Ndmber: A.
My Commission Expires: NOTARY PUBLIC OF NLqtt,JERg~'Y
ATL01/10516754v3
Section 33
-6-
Conftrmation of Easements
La Costa Apartments; WCOT 5
16817
Signed, sealed and delivered in the
Witness~g"~
Printed ~e~
TRG NAPLES, LTD., a Florida limited
partnership
corporatio~ /
By' /J/-~SW'j' ~
-- ' ~--'~-~e.' ~OCHA
b4 Title: EXECUTIVE VICE PRESIDENT
Address:
Tax Parcel ID No.'
ATL01/10516754v3
So.ion 33
-7-
Confumafio~ of ~
La Costa Apattmenl~; WCOT 5
16B17
STATE OF
COUNTY OF ~e
The foregoing instrument was acknowledged before me this ~ I day of
,,._~N~ , 1999, by~-o~"~o 5;.~c~,the ~'-(.e-'c. ~.~ of~GN~LES,
~C., a Florida co~oration, as the generfl p~ner of~G NAPLES, LTD., a ~ofida
limited panners~p, on behflfofthe ~7~~ ? S~d o~cer or p~ner is
personally ~ to me or has produced as
identification.
~ot~Vubl~c - 'L - - 0
Co~ssionNumber: ~.C ~]ZI
My Comssion Expires: 5 ~5/~
(NOTARY SEAL)
-8-
ATLO 1/10516754v3 Confu'mafion of Easements
Section 33 La Costa Apartments; WCOT 5
i' :,'i.'.". ...... '""":':':':'"'"":' :'?':'""" :'"' ':" '" ":::"":';::'!::
......'. ::.' i:;/:i ' o,m,, ,,d, ~.=,,,.~ ~f. ~,..,=~ ..d ..~'~ :~ ~.:'~'~'.:' '"'.' ':"" :" ::" ?':::~i'
:'.':: ":'.'?:'::i/.'. i:':.:."m,=n o~me ~...d,,mb,d in Exhibit 'C' ,a.d,,d b,=m--,",,,b.'~.'.pm.' '.b,m~., :'., . .:.'
· '::::~!:i'.:i:i::.:'.:. :.'.'.' ..lnqx,, o~, imani,u. ,,nd,.,sdnaininS ,oin ,nd vimd hmbc,pe tmnt, n'!.'~!~" ....:.'i:':'.
· · "..:.'.'.:'.!:i.:!'.::.'~i.'..dm:ra~ ia F. ddm "c ..mi Co, ler Ommy rod tiara-or, w,/, ...... .'.: :::,i?,i'~/:ii.:.'i.:!i?:::':.:"i=?.::. ..'::'.' ::.:' .: .':' '.:'.:':.'.;.i'i:.::
It: ',',,"~":'.:/.i.!!::,'::.;i:::::".' "..'.:: ..' .. ":..' ':.:.'." '.'.' , .., . .... ...: ..' :'.: '.;.::.'.:'.":/: :;:!;'::'.;:,':~:~'~.?.,.:;i':::i"?'".!'.': ::"'.'.:'::' '.' :':':?::!
I..: '.:'.'.':':':'::::'::~?::.i?~;i.::~ hnd~ fords~.n!.nu., un~o it~r, J~u nm.m ud~.~:.~i~..~:..:..::.: :..'..'
I'~':'.' :.i~ 'i'. :::'.??.'i ~.!i:'i? :~:i.a, mm.'~ or ,,,- ~ ..~ i,. r=~'Mf..-c-'; ,. ~ ~:our .:.. ,. '.:... :.. ::.....:: i:-;: :~'::
!~' 'i::'.i: :.:iii:;.::.::;i!::ii~::!i'i:!!?:~.~~ dumbd.' :.~:;~::'.D,.:~"~ pn, O,. d~i~ :.' :.':~.':::":..: ::...':'. :. :..:i~.:.:i!.!:'::.i:
~'. :.'..".:i::'::'i.::':'.:' :.:'i'.::'..'t~'pr~peny dnF, rn~d. tS F. sbibt~ 'C . :' '. :..'.'..'.'.~:.'.[::.'.";~;",'! i: (':!.." ..:'..' '": :". ":.':'
:.:~.::.',. :'.::,. :.:..:.:..':.::!.i..... ....... :..,.... '.'...'...;~i::;:~..:i:.:.i:..:! :....'..::',:¥~:~!..::/~:i,!.i.li.,ii!:.::~ii.'-.:'::: ::.'.'.".:i..:...:.'.::..::'.~i::.::':';':"
] : ..... ftma~ ownn3 of tt~ ~. describat in Exllibil "C", a peftiliL, II.~:' ';:biriSS 'lnd t~l~SS-
] :.::.' elJunent and adso a. Ferm~stgnage ~, both ofwltich shill be.~:(80)..'fe~ in ..
~ : :. .: :. ::~.:.= .::.widm aver tl~ IX~'der, tibed in Exhibit "B al a location to be s~ly:~ly ..........
LIII
· .'.'.............::.:.':':'::' '.: '.'. .... · .. :"'. ..... ". '.:."::'.'
.'OF.
.'". ::J. :.i:::. :..
::.....?:. · · ...
..... -:.:..'.:.....
.'
.... ";,:::
August 3, 1999
Item #16B18
AGREEMENT FOR SALE AND PURCHASE WITH MS. ROSE SOMOGYI FOR A PARCEL TO
PROVIDE FOR POTENTIAL ACCESS TO FUTURE IMPROVEMENTS TO THE CANAL ALONG
THE WEST SIDE OF FOREST LAKES HOMES SUBDIVISION
Page 192
AGREEMENT FOR SALE AND PURCHASE
AU(}- 3 1999
THIS AGREEMENT is made and entered into by and between ROSE SOMOGYI (hereinafter
referred to as "Seller"), and Collier County, a political subdivision of the State of Florida,
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to
as "Property"), located in Collier County, State of Florida, and being more particularly
described as follows, to wit;
Lot #62, Block A, Forest Lakes Homes, according to the plat thereof, as
recorded in Plat Book 12, at Pages 41 thru 46, inclusive, of the Public
Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be FIFTY
THOUSAND FIVE HUNDRED EIGHT AND 40/100 ($50,508.40) DOLLARS, (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before sixty (60) days following execution of this
Agreement by the Purchaser but not later than May 1, 1999, unless extended by mutual
written agreement of the parties hereto, The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida.
The procedure to be followed by the parties in connection with the Closing shall be as
follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
AU6- 3 1999
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the
following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to the
purchase price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller, If Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform
the following within the times stated, which shall be conditions precedent to the Closing;
AU6- 3 1999
4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to
Purchaser as evidence of title an ALTA Commitment for an Owner's Title
Insurance Policy (ALTA Form B-1970) cover'"'--"~ng the Property, issued by a national
title insurance company, together with hard copies of all exceptions shown
thereon. Purchaser shall have fifteen (15) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. Permitted exceptions shall include, but are not limited to, the following:
(1) applicable zoning regulations and ordinances of the county having
jurisdiction over the use of the Property; and
(2) real property taxes and assessments for 1999, which are not yet due
and payable.
(3) existing mortgages which shall be satisfied at or prior to Closing.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing.
Seller, at its sole expense, shall use its best efforts to make such title good and
marketable. In the event Seller is unable to cure said objections within said time
period, Purchaser, by providing written notice to Seller within two (2) days after
expiration of said thirty (30) day period, may accept title as it then is, waiving any
objection; or Purchaser may terminate the Agreement. A failure by Purchaser to
give such written notice of termination within the time period provided herein shall
be deemed an election by Purchaser to purchase the Property in accordance with
this Agreement.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the
total acreage as referenced in the aforementioned legal description, if any. Seller
agrees to furnish any existing surveys of the Property, if any, to Purchaser within
thirty (30) days of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have on..e bund;cd t~'~'c~ty (1~)) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development
of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific '"
objections as provided herein within the Inspection Period, it shall be deemed that the
Purchaser is satisfied with the results of its investigations and the contingencies of this
Article VI shall be deemed waived. In the event Purchaser elects to terminate this
Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of
all engineering reports and environmental and soil testing results commissioned by
Purchaser with respect to the Property.
AUG- 3 1999
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of
any loss or damages occasioned thereby and against any claim made against Seller as
a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty
four (24) hours prior to said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by
Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated
damages which shall be Seller's sole and exclusive remedy, and neither party shall
have any further liability or obligation to the other except as set forth in paragraph 13.01
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be determined
by the court or in a separate action brought for that purpose.
9.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
AUG- 3 1999
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or cesspools on
the Property; all waste, if any, is discharged into a public sanitary sewer system;
Seller represents that they have (it has) no knowledge that any pollutants are or
have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and regulations,
or any other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that they have (it has) no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties. Seller represents no storage tanks for gasoline or any other
substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents none of the Property has been used
as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
AU6- 3 1999
10.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller's ability to perform hereunder; nor is there
any other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Pumhaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"),
which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or successor in
function to these acts. This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
AU{}- 3 1999
With a copy to:
Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller:
Rose Somogyi
3933 12th Street North
Naples, FL 34103
11.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
Xll. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
Xll. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
AUG- 3 1999
13.08 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XlV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated P~roject/Acquisition Approved by
AS T.O PURCHASER:
DATED:
BOARD OF COUNTY COMMISSJI~I~RS
.'.
~IVI~L~ 0. IVI~ KI~, ~al~oman
/
AS TO SELLER:
DATED: ~--I
AU$- 3 1999
WITNESSES:
~i(~T/WITNESS {Signature)
z_.,~nt Name) ,
SE__~ND ~I'~NESS (~S~gnat'~'~e)
(P~in~Nam~)' ' "-'' ~
R SE soM/~GYI / /'
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
t
446
August 3, 1999
Item #16B19
CHANGE ORDER TO WORK ORDER CDM-FT-98-11, WITH CAMP, DRESSER & MC KEE,
INC. TO PROVIDE ENGINEERING SERVICES FOR THE MANATEE STATION PUMP
UPGRADES, PROJECT 70052 - IN THE AMOUNT OF $77,940.00
Item #16B20
WORK ORDER #TE-98-KH-06 WITH KIMLEY-HORN & ASSOCIATES, INC. FOR THE
AIRPORT-PULLING ROAD SIX LANE IMPROVEMENT PROJECT NO. 62031 - IN THE
AMOUNT OF $65,120.00
Item #16B21
SUPPLEMENTAL AGREEMENT NO. 7 WITH CH2M HILL FOR THE PINE RIDGE ROAD
IMPROVEMENT, PROJECT NO. 60111 - IN THE AMOUNT OF $111,831.00
Page 193
SUPPLEMENTAL AGREEMENT TO
CONSULTING ENGINEERING SERVICES AGREEMENT
Project No. 69101
S/A NO. 7
AUG- 3 1999
THIS SUPPI JEMENTAL AGREEMENT, made and entered into this day of _/'~-~'~ ,
1999, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of
the State of Florida, hereinafter called the COUNTY, and CH2M Hill of 4350 W. Cypress Street, Suite 600,
Tampa, Florida 33607-4155, duly authorized to conduct business in the State of Florida, hereinafter called the
CONSULTANT.
W1TNESSETH
WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement
whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with
proposed construction of C.R. 896 six laning improvements, (Jct. C.R. 31 to Jct. 1-75), County Project No.
60111; and,
WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary
to:
EXPAND UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED SPECIFICAIJJY
RELATING TO ADDITIONAL DESIGN PLANS PREPARATION, AND TO COMPENSATE THE
CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES.
CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED JULY 7, 1999, IS ATFACHED
HERETO AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS
SUPPIJEMENTAL NO. 7.
NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented
as follows:
1. Consultant shall perform additional design services as described in Attachment "A".
2. Consultant's cost proposal for services described in Attachment "A" is provided in Attachment "B".
3. Contract fee adjustment and status (this Supplemental Agreement No. 7):
3.1 Original maximum contract fee = $395,365.00
3.2 S/A No. I = $125,000.00
3.3 S/A No. 2 = $ 9,291.00
3.4 S/A No. 3 = $194,420.00
3.5 S/A No. 4 = $186,092.00
3.6 S/A No. 5 = $ 34,954.00
3.7 S/ANo.6 =$108,991.00
3.8 This S/A No.7 = $111,831.00
Maximum and current contract fee = $1,165,944.00
4. Contract time adjustment:
Increase 60 calendar days for design services.
5. Contract completion time to be determined by Notice to Proceed for the construction phase.
6. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe
benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original
Consulting Engineering Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first
above written.
Page 1 of 2
Project No. 69101
S/A NO. 7
AUG- 3 1999
AS TO THE BOARD OF COUNTY COMMISSIONERS:
AS TO FORM AND I.EGAL SUFFICIENCY:
DAVID C. WEIGEL, COUNTY AT~O~I~Y
AS TO THE CONSULTANT:
SIGNED, SEAl.ED, AND DELIVERED
IN THE PRESENCE OF:
~SS (N~ ~~N)
STA~ OF ~OR~A
CO~Y OF ~JSBOROUGH
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
· ' ~ ' r, P.E., Vice President
ATTEST: ~~,~~ _~~"~
Elizab t~ A. McAd ~.~sst..~ecretary
(CORPORATE SEAL)
Before me, the undersigned authority, this day personally appeared William J. Gramer to me well known
and known to me to be Vice President of the Corporation named in the foregoing Agreement, and he severally
acknowledged to and before me that he executed said Agreement on behalf of and in the name of said
Corporation as such officer; that the seal affixed to said Agreement is the corporate seal of said Corporation and
that it was affixed thereto by due and regular Corporate authority; that he is duly authorized by said Corporation
to execute said Agreement and that said Agreement is the free act and deed of said Corporation.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal this ~ day
of ~ c,._[ Q , A.D. 1999.
-I
N~tary Public in and for the County and State aforesaid.
My Commission Expires:
Page 2 of 2
AUG- 3 1999
ATTACHMENT A
SCOPE OF SERVICES
FOR
SUPPLEMENTAL AGREEMENT TO
CONSULTING ENGINEERING SERVICES AGREEMENT
FOR
PINE RIDGE ROAD C.R. 896 [C.R. 31 - 1-75]
PROJECT NO. 60111
Supplemental Agreement No. 7
July 14, 1999
DESCRIPTION
Supplemental Agreement No. 7 includes: The work required to widen the 1-75 Southbound
off ramp at the Pine Ridge Road Interchange; The work required to modify the proposed 16"
water main to 20"; The modifications to the plans required to eliminate the need for
mitigation and obtain a SFWMD permit; The work required (level of effort) to reflect the
changing existing conditions on Pine Ridge Road; The work required to modify the North
bound 1-75 On-Ramp per FDOT and FHWA comments; The work required due to scope
additions; The work required to provide warning signs and flashing beacons for the
Community School. Specific services to be provided include:
PART 1. - SCOPE OF WORK
TASK I. SOUTHBOUND 1-75 OFF-RAMP DESIGN
1. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the design of the Southbound 1-75 Off-Ramp widening requested by
Collier County and FDOT. The new design will eliminate the free flow westbound
lane and provide dual left and right turns at the terminus of the off-ramp. Services are
as follows:
1.1 Cover sheet:
1.2 Project Layout
Modify existing sheet.
Modify existing sheet.
prrscp SA No 7 CH2M 070799.doc
07114/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 2
July 7, 1999
1.3 Drainage map:
1.4 Typical
Sections:
1.5
Plan and Profile
- Pine Ridge
Road:
1.6
1.6a
1.7
1.8
1.9
Plan and Profile
- SB off ramp
Intersection
Details:
Drainage
Structures:
Signing and
Marking - Pine
Ridge Road
Signing and
Marking - SB
off ramp
1.10 Signalization -
SB ramps:
1.11 Cross Section
SB off ramp:
1.12 MOT - Pine
Ridge Road:
AUG- 3 1999
Modify drainage map.
Create new sheet for southbound off
ramp section.
Modifications to Pine Ridge Road plan
and profile sheets in the vicinity of the
SB on/off ramp to accommodate the
expanded intersection.
Develop sheets for inclusion in plan
set.
A new sheet will be added to the plans.
It is anticipated that four (4) new
structures are required.
Revise plans to reflect addition of
signal and revisions to geometrics.
Develop sheets for inclusion in the
plans.
Work will include new signal heads,
revised timing calculations, new loop
detectors, new pedestrian heads and
new mast arms. Temporary signal
plans for MOT
New sheets for inclusion in plan set.
Revise sheets in plan set. Create new
detail for advanced signing on Pine
Ridge Road.
1.13 MOT - SB off
ramp:
1.14 Quantities and
cost estimate:
Create new sheets for inclusion in plan
set. Create new detail for advanced
signing on 1-75.
Revise quantities and cost estimate.
P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc
07114/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 3
July 7, 1999
1.15 FDOT
coordination:
1.16 SFWMD
coordination:
1.'17 Collier County
coordination:
1.18
Respond to
review
comments:
1.19 Project
management:
AU{}- 3 1999
Attend up to 2 meetings with FDOT.
Coordinate with SFWMD to inform
them of proposed new construction
modifications. It is assumed a permit
modification letter will be required to
include construction at this ramp.
Coordinate with County staff. Attend
up to 2 meetings.
Respond to comments and modify
plans.
Provide project management,
coordination and quality control.
TASK II. REVISE WATER MAIN 16" TO 20"
2. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to modify the 16" Water Main to 20" per the direction of R.Dillard/Collier County.
The Consultant will revise the plan sheets at the locations specified, modify details,
modify cross sections, and check for any conflicts due to the new size of pipe.
Services are as follows:
2.1 Plan Sheets:
2.2 Detail Sheets:
2.3 Cross Sections:
Modify existing sheets.
Modify existing details.
Modify cross sections to show 20"
line.
P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc
07/14/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 4
July 7, 1999
AU6- 3 1999
TASK III. PERMITTING - DESIGN MODIFICATIONS
3. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to incorporate the mitigation minimization measures including: modification of turn
lane lengths, modification of retaining walls, utilization 2: ! side slopes in applicable
locations and relocation of conveyance ditches. These efforts will result in no wetland
mitigation required for the project and ease Agency review. Services are as follows:
3.1 Drainage:
3.2 Retaining Wall:
3.3 Cross Sections:
3.4 Meetings:
3.5 Permitting
3.6 Remodeling
3.7 Respond to
comments
Modify existing sheets.
Modify existing sheets.
Modify existing sheets.
Attend 2 permit application meetings
and coordinate Agency requirements.
Revise ERP Permit to reflect new
treatment (attenuation) calculations
based on above modifications.
Revise and re-run ADICPR model to
verify attenuation requirements are
met
Satisfy all Agency (COE, SFWMD,
EPA...) comments and concerns
subsequent to ERP application
submittal
TASK IV. EXISTING CONDITION MODIFICATION
4. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the changes to existing condition in the field. Construction along
Pine Ridge Road is continuous and the level of effort required to reflect those new
conditions has increased. Services are as follows:
P:\Transportation\148414~Scope of Services\prrscp SA No 7 CH2M 070799.doc
07/14/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 5
July 7, 1999
4.1 Plan sheets:
4.2 Signing and
Marking Sheets:
4.3 Cross Sections:
Modify existing sheets to add
improvements.
Modify existing sheets to add
improvements.
Modify Cross Sections.
AUG- 3
1999
TASK
V. NORTHBOUND ON-RAMP REDESIGN
5. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the northbound 1-75 on-ramp comments from FDOT and FHWA.
The FDOT requested modifications to the on ramp design to provide additional length.
The FHWA required a traffic analysis for the merge onto 1-75. The FHWA has also
requested a weave analysis for the ramp. Services are as follows:
5.1 FDOT
Modifications:
5.2 FHWA Traffic
Analysis
5.3 FHWA Weave
Analysis:
Modify ramp acceleration length and
taper length. This required changes to
the existing plans as well as a new plan
sheet, signing and marking sheet,
M.O.T. sheet, and cross section sheets.
Provide a traffic analysis for the ramp
merge onto 1-75.
Provide traffic and weave analysis for
the ramp to show the proposed ramp
weaves.
TASK VI.
NEW DESIGN SCOPE
6. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate: the modifications to the proposed Fire Station design and the
drainage improvement's to the Craparo site. Services are as follows:
P:\Transportation\148414\Scope of Scrviccs\prrscp SA No 7 CH2M 070799.doc
07114/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 6
July 7, 1999
6.1 Fire Station:
6. la Plan sheets
6.¸2
6. lb Signing and
Marking Plans
6.1c Signal Plans
Craparo site -
Modify
Drainage:
Included in Supplemental No. 4
Modify plans to provide for median
design and advance signing
None required per Mike Fernandez
Modify drainage plans and profiles
show new connection. Create detail
for riser inlet. Provide calculations
and quantities.
TASK VII. SCHOOL ENTRANCE WARNING DESIGN
7. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the Community School "School Entrance" warning signs and flashing
beacons on Pine Ridge Road. Signs will be required on the shoulder and in the median
both east and west of the school entrance. The work shall be done in accordance with
the applicable portions of FDOT Index No. 17344. The signs and beacons are assumed
to be standard roadside signs not cantilever design. Services are as follows:
7.1 Signing and
Marking:
7.2 Electrical:
7.3 Meetings:
Modify existing sheets.
Prepare new sheet for power supply.
Meet with FPL for power locations.
PART 2. - PROJECT DESIGN SCHEDULE:
The project design schedule for design status submittals shall be modified as follows:
1. 100% Design Status:
Submit no later than 30 calendar days after receiving Notice to Proceed on this
Supplemental Agreement No. 7 from Collier County
P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc
07/14/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 7
July 7, 1999
'2. Final Plan Submittal:
Submit no later than 60 calendar days after receiving Notice to Proceed on this
Supplemental Agreement No. 7 from Collier County.
A 6-3 899
PART 3. - EXCLUSIONS:
The following tasks are not included in the Scope of Work for this Supplement:
1. Services required to complete the following will necessitate additional
compensation.
Note Task 1:
Does not include design exception or design variance preparation or coordination.
Does not include any traffic study or interchange modification report activity.
Does not include any FDOT or FHWA coordination in Tallahassee.
Does not include significant permit coordination due to relocating ditches or wetland
impacts.
P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc
07/14/99
ATTACHMENT B
PINE RIDGE ROAD (PN 60111)
SUMMARY OF SUPPLEMENTAL AGREEMENT No. 7
BASIC SERVICES ADDITIONAL SERVICES
TASK TASK CH2M HILL OUTSIDE TOTAL CH2M HILL OUTSIDE TOTAL
NO. SERVICES SERVICES
~ Task I - Sauthbound 1-75 Off-Ramp Design $40,208 $4,725 $44,933
~ Task 2 - Revise Water Main t6" to 20" $3,813 $0 $3,813
~ Task 3 Permitting - Design Modifications $19,250 $0 $19,250
~v Task 4 - Existing Condition Modifications $19,085 $0 $19,085
v Task 5 - Northbound 1-75 On-Ramp Re-Design $14,544 $0 $14,544
vi Task 6 - New Design Scope $3,113 $0 $3,113
vii Task 7 - School Signals Design $7,093 $0 $7,093 ...
ITOTAL BASIC SERVICES FEE $107,106 $4,725 $111,831
TOTAL ADDITIONAL SERVICES FEE ....
micahsa7.xls/SA No. 7 Summary Page 1 7/14/99 5:08 PM
PINE RIDGE ROAD (PN 60111)
SUPP~;='-'.'-:."rAL AGP_~_;._U. ENT No. 7
ATTACHMENT B
SENIOR PROJECT LEAD ENG DES. LEAD DES. DRAFT CLERK TOTAL CH2M LABOR ~ COMMENTS
PERMIT ENG~BIO- TECH TECH STENO HRS (RAW) COSTS
TASK REVIEW MGR SPEC. LOGIST
Task I - _~'_ ~-_"---~mJnd 1-75 ~ .'".~;7..~ E~.~
1. Cover Sheet (1) 2 2 $38 $113
2, Project layout sheet (1) 2 6 8 $196 $582
3. D,.C,~,~,= map 8 6 14 $364 $1,060
4. TypicaJ ~,~:~,-.-~ SB o(f ramp (1) 4 6 10 $278 $825
5. Plan and F,,~.'~= &',~ - Pine Ridge Road (21 4 2 8 14 $378 $1,124
6. Plan and p~-O,r,;e N~ets - SB ramp (3) 4 12 12 32 60 $1,478 $4.389
7. Drainage ~-~,-uc~res (3 structures) 8 4 8 16 36 ~ $2,576
8. Sit~-~ and ,,~r,~-~t) &~.~ - Pine ~ (2) 4 12 16 .~r~,~ $1,049
9. S;~ ,~,,V and n-'~"~,~,-,~ d,==:- - S8 O(f romp (3~ 2 4 8 16 30 $714 $2,121
10. Signal plans - 1-75 S8 ,-~., ~ (TEl) 0 $0 $0 TEl - New Signal Pians
11. Cross ~_nne. 1-75 SB ,,=,~ (16 sec[) 12 12 24 $603 $1,790
12. MOT - Pine ~dge (3) 4 8 8 20 $537 $1,593
13. MOT[,~==-SB(~framp(6-two~,~) 12 12 32 56 $1,475 - $4,379
14. Qu~lk~ and cost ~(;.,~[~ 8 24 8 40 $1,142 $3.390~
15. FDOT c~o~,¢~u,, (2 .~.~.~) 12 12 24 $822 $2,441
16. SFWMD ~G,~k~ (ne ~-~ ap~.) 12 12 $375 $1,112
17. C _-~l!ier Couflt~ ~u~,~- .~finn 8 8 ~28 ~)72
18. ~.~-----,C, to ~ ~.,.,,~,;~ 8 8 16 32 $882 $2,618
19. F ~C~.~ ,7.~.-,a~,,T,~ & QC ( 10%) 2 24 8 6 40 $1.399 $4,154
Tas~ I To~al ~ =h~_ Hfs 2 92 90 60 16 180 6 446 $36,311
CH2M HILL ;-T-:--~ S3,898
OSS (1' _mn~_;_-_-~,.~,~.., En~r,~=,;~.d, Inc.) $4.725
T~ Co~t for T~k! $44,933 I
Teek 2 - .-.~/.~ '.'.' - ~.- M~n 16' to 20'
1. Plan Sheets 8 4 12 24 $681 $2,021
2. ~'~_ 8 4 8 20 $504 $1.495
3. Cross ~-_~;~_-~ 4 4 8 $0
Task II Total ~:,hn~ Hm 0 8 12 0 4 20 0 44 $3~516
~ HILL ;-;---~ I,: $29~ ....
T~al C_-~_ for Tee~ II $3,813
1. ~--~,-,a~e 4 8 24 36 $870 $2,584
2. Re~ Wall 4 2 6 $163 $484
3. Cross S~.~o~-~ 8 12 20 $554 $1,646
4. M~"t~ 4 12 12 2 30 $894 $2,654
5. Fe,,~,;~-,t) 4 32 12 4 52 $1,463 $4,344
6. Rem~.-~.N 24 16 40 $1,155 $3,431
7. ~.~ ~----,~, to .'~..~ ~.~- C~¥.T,~-~, 4 8 12 8 32 $816 $2,423
Task I}1To(aJ Labor Hfs 4 12 96 12 40 38 14 216 j $17.565
CH2M HILL F.~u~.~ts $1,685 ~
Totol C,~t for T~k III $; g.250
Task 4- E~-.-'_--'-'~-~ C,~- ';~=~ '---'---"---- =-"- -=
1. Plan S~'~e;~ 8 36 8 16 36 4 108 $3,273 $9.717
2. Signing and Ma~Jng 16 16 16 48 $1,401 $4,159
3. Crass -_~-~.~: '----,s 4 12 8 12 36 $1,233 ['~. ;~r~
Task IV To~al L=h,'~ lbs 12 64 16 32 12 52 4 lg2 $17,535
CH2M HILL E-;_~ $1,550
~7.~VSA No. 7 ~
Paoel
Updated: 07/02,~8
Printed 7/14/99 5:09 PM
PINE RIDGE ROAD (PN 60111)
SUPPLFME;NTAL AGR_;FMFNT No. 7
ATTACHMENT B
SENIOR PROJECT LEAD ENCV DES. LEAD DES. DRAFT CLERK TOTAL CH2M LABOR LA~OR COMMENTS
PERMIT ENG~I~IO- TECH TECH STENO HRS (RAW) COSTS
TASK REVlEW MGR SPEC. LOGIST
I Total Ce~t fat Teak IV $19,(~5
!1. FDOT Mod;."-_~.:----~ 8 16 12 28 2 66 $1,961 $5,821
3. FHWA Traffic Ar...~x-~;- 8 32 6 4 50 $1.490 $4,422
4. FHWA W:=;c Ar.~xT, b 4 24 2 2 32 $975 $2,896
Task V Tot, al Labor Hfs 8 28 68 0 0 36 8 148 $13,140
CH2M HILL ;'~-~-~a $1,404
Tolal C4~t lin' Teak ¥ $14,544
1- Fire m,a~,,', . I
la. Ptan Sheets 0 $0
lb. Signing and M~.",~,,t~ 4 2 4 10 $295 $876
2. Craparo Site Drainage 6 8 8 24 $605 $1,"797
Task VI To~J ~ ~ Hm 0 4 8 2 6 12 0 34 $2,673
CH2M HIII E~-~--.ccc $440
To4ai Co~t for Taak VI I $5,113
1. Signing and Maddng Ptans 6 4 8 ';8 $523 $1,552
2. F_mcuical 4 ~$ 24 44 $1J20 $3,325
3. Meetings with FPL 6 6 2 14 $436 $1,293
Task VII T~al I ~',~x_ I-bs 0 10 20 0 0 32 0 62 $5~171
Cl*.12~ HILL ~ $922
Tmal Corn for Ta~k Vii $7,093
TOTAL L~__~_ R HRS 26 218 310 106 80 370 32 1142 $96~911
TOTAL _~_~_~_- SERVICES $111,831
mioal~a7.'ds,~A No. 7 Manhoum
Page2
Upctated: 07/02/98
Printed 7/14/99 5:09 PM
Item #16B22
Item #16B23
Moved to Item #8B6
August 3, 1999
PROFESSIONAL SERVICES AGREEMENT TO WATER RESOURCE SOLUTIONS, INC. FOR
ENGINEERING SERVICES RELATED TO AQUIFER STORAGE AND RECOVERY OF
RECLAIMED WATER, CONTRACT 99-2926
Item #16B24
AMENDMENT 8 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES &
ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS AT
THE SOUTH COUNTY WATER RECLAIMATION FACILITY, RFP-93-2121, PROJECT
73916 - IN THE AMOUNT OF $82,000.00
Page 194
AUG 0 3
SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 8 to the Agreement dated March 15, 1994 (hereinafter
"AGREEMENT") is made and entered into thi~ day of ~ 1999, by and
between the Board of County Commissioners for Collier County, Florida~ a political subdivision
of the State of Florida and Governing Board of the Collier County Water-Sewer District
(hereinafter referred to as the "OWNER") and Hole, Montes & Associates, Inc., a Florida
corporation, authorized to do business in the State of Florida whose business address is 715
Tenth Street South, P.O. Box 1586, Naples, Florida 34106 (hereinafter referred to as the
"CONSULTANT").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional services
agreement for the provision of professional services for the South County Regional Wastewater
Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully
described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications to the services
being contemplated under said AGREEMENT are necessary; and
WHEREAS, CONSULTANT represents that he has the expertise and the type of
professional services that will be required for completion of the project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, parties agree as follows:
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of
the project to which this Amendment applies.
1.2 CONSULTANT shall provide professional services in addition to those as outlined in said
AGREEMENT as noted in Schedule A of this Amendment, as attached hereto.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT
with the modifications to Attachments A and C to said AGREEMENT which are attached hereto
and made a part hereof.
-1-
AU6 I:) 3 't999
ARTICLE THREE
3.1 The schedule for said Project, shall be as shown in said agreement with modifications as
shown in the revised Schedule C as attached hereto.
ARTICLE FOUR
4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and
shall not be modified by this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Professional Services Agreement for professional engineering services for the South County
Regional Wastewater Treatment Plant Expansion the day and year first written above.
ATTEST:
:.By:
t , Clerk
Attest is t°'Chafman'$
signature ool~.
^pproved a~ to ~o~
leg~ s~ciency:
J~itneXs//
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COtn~¥, FLOmD^, ^ POLITICAL
SUBDIVISION OF THE STATE OF FLORIDa,...,
AND AS EX-OFFICIO THE G:OVERNING
BOARD OF THE COLLIER COUNTY WATER- .;
SEWER DISTRICT. ~: ,~
By~~ . '
// Chairwoman / "~%...,,, ,~
HOLE, MONTES & ASSOCIATES, INC.
Ronald E. Benson, Jr., Ph.D,, P..
Vice President
(CORPORATE SEAL)
-2-
SUPPLEMENT NO. 8 TO
SCHEDULE A
SCOPE OF SERVICES
HMA FILE NO. 1993134
AUG 0 3
This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the
Professional Services Agreement dated March 15, 1994.
This project amendment consists of that work that is necessary for professional inspection,
testing and evaluation of the existing reuse tank at the South Regional Water Reclamation
Facility.
The scope of services is described as follows:
ADDITIONAL SERVICES
Structural Analysis of Reuse Tank
To provide engineering analysis of existing concrete reuse tank used to hold treated wastewater
to include assessment of tank's structural integrity, evaluate existing cracks/leaks and repair
methods, identify expected life of structure with and without crack/leak repair, provide life-cycle
cost analysis comparing repaired tank versus removal and replacement with new storage
capacity, and submit an engineering report addressing these topics.
Lakewood Reuse
Reallocate funds among various tasks to reflect actual work efforts on each subtask resulting in a
zero net change in total fees.
Operational Support Services
Extend the period of time for these services beyond one year after completion of construction.
Warranty Inspections
Extend the period of time for these services beyond one year after completion of construction.
-1-
SCHEDULE B - ATTACHMENT A
Amendment No. 8
SCHEDULE OF FEES FOR BASIC SERVICES
'~aq~
PHASE H-A
A.2
A.3
A.4
A.5
A.6
PHASE H-A
A.2
A.3
A.4
A.5
A.6
PHASE H-A
A.2
A.3
A.4
A.5
A.6
WWTP Disinfection System
Design Report
Preliminary Design
Final Design
Bidding Services
Contract Administration
Royal Palm Irrigation Pump System
Design Report
Preliminary Design
Final Design
Bidding Services
Contract Administration
WWTP Design
Design Report
Preliminary Design
Final Design
Bidding Services
A.5.1 Reclaimed Water PS/Elec Bldg
- Equipment
A.5.2 Reclaimed Water PS/Elee Bldg
- Construction
A.5.3 Phase I Improvements
Contract Administration
A.6.1 Reclaimed Water PS/Elec Bldg
- Equipment
A.6.2 Reclaimed Water PS/Elee Bldg
- Construction
A.6.3 Phase I Improvements
Current
Budget
$2,800
$10,300
$3,900
$1,600
$9,700
$500
$5,6OO
$1,600
By Owner
By Owner
$290,000
$750,000
$150,000
$10,000
$15,000
$30,000
$2o,6Oo
$120,000
$355,000
Amendment
No. 8
$2,800
$10,300
$3,900
$1,600
$9,700
$500
$5,600
$1,600
By Owner
By Owner
$290,000
$750,000
$150,000
$10,000
$15,000
$30,000
$20,000
$120,000
$355,000
-1-
A.2 Design Report $9,000 i' $9,000
A.3 Preliminary Design $52,000 $52,000
A.4 Final Design $24,000 $29,000
A.5 Bidding Services $6,000 $6,000
A.6 Contract Administration $38,000 $44,000
PHASE II-D EFFLUENT STORAGE EXPANSION
A.2
A.3
A.4
A.5
A.6
Design Report
Preliminary Design
Final Design
Bidding Services
Contract Administration
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
-2-
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Principal Engineer VI ........................................................................................... $130.00 per hour
Environmental Engineer V ................................................................................... $120.00 per hour
Environmental
Environmental
Environmental
Environmental
Environmental
Engineer Teeh
Engineer Tech
Engineer Tech
Engineer Tech
Engineer IV .................................................................................. $105.00 per hour
Engineer III .................................................................................. $ 85.OO per hour
Engineer II .................................................................................... $ 70.00 per hour
Engineer I ..................................................................................... $ 55.O0 per hour
Operations Specialist .................................................................... $
III .................................................................................................. $
Engineer Tech I ..................................................................................................... $
Contract Administrator (P.E.) ............................................................................... $
Contract Administrator ......................................................................................... $
Construction Field Representative IV ................................................................... $
Construction Field Representative III ................................................................... $
Construction Field Representative II .................................................................... $
Construction Field Representative I ...................................................................... $
Senior Planner ....................................................................................................... $
Planner .................................................................................................................. $
Surveyor V ............................................................................................................ $
Surveyor IV ........................................................................................................... $
Surveyor III ........................................................................................................... $
Survey Tech IV ..................................................................................................... $
Survey Tech III ..................................................................................................... $
Survey Tech II ....................................................................................................... $
Survey Tech I ........................................................................................................ $
2 Man Survey Crew .............................................................................................. $
3 Man Survey Crew .............................................................................................. $
(}PS Operator ........................................................................................................ $
Technician IV ........................................................................................................ $
Technician III ........................................................................................................ $
Technician II ......................................................................................................... $
Technician ! .......................................................................................................... $
70.00 per hour
65.00 per hour
60.00 per hour
55.00 per hour
50.00 per hour
40.00 per hour
80.00 per hour
65.00 per hour
65.00 per hour
55.00 per hour
45.00 per hour
35.00 per hour
100.00 per hour
70.00 per hour
95.00 per hour
80.00 per hour
60.00 per hour
55.00 per hour
50.00 per hour
45.00 per hour
40.00 per hour
85.00 per hour
98.00 per hour
65.00 per hour
45.00 per hour
40.00 per hour
35.00 per hour
30.00 per hour
This Fee Schedule is effective for one year from date of the LETTER AGREEMENT.
-1-
, UG 3 J99
SCHEDULE B - ATTACHMENT C
Amendment No. 8
CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
Phase 1
A. 1
Preliminary Services
A. 1.1 Preliminary Engineering Report
A. 1.2 Review of Odor Control
A. 1.3 Review of Eft. Disinfection
A. 1.4 Capacity Analysis Report
A. 1.5 Conditional Use Applic.
A. 1.6 Odor Control Committee
Phase II-A WWTP Disinfection System
A.7 Detailed Observation
Phase II-A Royal Palm Irrigation Pump Station
A.7 Detailed Observation
Phase II-A WWTP Design
A.7 Detailed Observation
A.7.1 Reclaimed Water PS/Elec. Bldg.
- Construction
A.7.2 Phase I Improvements
Phase H-B Deep Injection Well
A.8 Data Review and System
A.9 Design and Construction Permit Applications
A.9a Add 2nd Deep Well Design & Permitting
A. 10 Well Construction Observation and Testing
A. 11 Report
A. 12 Operating Permit Application
Current Amendment
Budget No. 8
$172,000 $172,000
Incl. Above Incl. Above
Incl. Above Incl. Above
$25,000 $25,000
$35,000 $33,000
$35,000 $35,000
$3,700 $3,700
By Owner By Owner
$90,000 $90,000
$265,000 $265,000
$43,000 $43,000
$90,000 $90,000
$25,0~0 $25,000
$370,000 $370,000
$36,000 $36,000
$18,000 $18,000
-1-
Phase H-C Reclaimed Water System Upgrades to Serve Lakewood
A. 13 Detailed Observation $16,000
A. 14 Surveying/Easements $22,000
A. 15 Permitting $6,000
A. 16 Startup Assistance $5,000
Phase II-D Effluent Storage Expansion
A. 17
A. 18
A. 19
A.20
Detailed Observation
Surveying/Easements
Permitting
Startup Assistance
To Be Determined
To Be Determined
To Be Determined
To Be Determined
Additional Services
Surveying
Permitting/Approvals
Reuse Master Plan
Reimbursable Expenses
Geotechnical Site Investigation
Progress Photos
Startup Assistance
O&M Manual
Operational Support Services
Warranty Inspection
FDEP Operation Permit
FDEP SRF Management
Structural Analysis of Reuse Tank
$30,000
$40,000
$100,000
$10,000
$2,000
$15,000
$40,000
$50,000
$35,000
$8,000
$10,000
$103,696
0
AUG 0 3 ~
$10,900
$23,100
$6,000
$5,000
To Be Determined
To Be Determined
To Be Determined
To Be Determined
$30,000
$40,000
$100,000
$10,000
$2,000
$10,000
$40,000
$50,000
$55,000
$18,000
$10,000
$103,696
$52,000
-2-
August 3, 1999
Item #16B25
SUBORDINATION AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING A DRAINAGE EASEMENT
REQUIRED TO COMPLETE THE U.S. 41 EXPANSION PROJECT FROM RATTLESNAKE
HAMMOCK ROAD TO EAST OF SR 951
Page 195
AU6- 3 1999
36-SUB.03-10/94
Date: July 12, 1999
This instrument prepared
under the direction of:
Bruce P. Cury, General Counsel
Post office Box 1249
City: Bartow, Florida 33830
Department of Transportation
FP 1953891
PARCEL 802.4
SECTION 03010-2542
STATE ROAD 90
COUNTY Collier
SUBORDINATION AGREEMENT
THIS AGREEMENT, Made this~- day of ~ ,
1997 , by and between ~ COUNTY, a political
subdivision of the State of Florida, hereinafter called the
"party of the first part", and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, whose post office address is: Post Office Box
1249, Bartow, Florida 33831-1249, hereinafter called the
"Department".
WITNESSETH:
WHEREAS, the party of the first part is the holder of a
drainage easement and,
WHEREAS, a portion of the land encumbered by said ~
easement is required by the Department for drainage purposes;
NOW THEREFORE, for and in consideration of the sum of One
Dollar ($1.00) and other good and valuable considerations, paid,
the receipt and sufficiency of which is hereby acknowledged, the
party of the first part hereby agrees, covenants, and consents
with the Department that the aforesaid drainage easement is and
shall continue to be subject and subordinate to the drainage
rights of the Department insofar as said drainage easement
affects the following described property, viz:
SEE EXHIBIT "A"
This subordination agreement shall be binding upon and inure
to the benefit of the respective heirs, legal representatives,
successors and assigns of the parties hereto.
Page 1
AU6- 3 1999
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed the date and year first above written.
DATED: ~~//~;~
ATTEST: "~
DWIGHT E. BROCk, clerk
Attest~as' to Chafrm~n'$
s~geature on15.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: P~MELA S. MAC ' KiE~Ch~rwomen
Page 2
AUG- 3 1999
SECTION 03010-2542
PARCEL 802
That portion of the northeast ¼ of Section 4, Township 51 South,
Range 26 East, Collier County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 4; thence along
the north line of said Section 4, North 89"52'39" West, 177.327
meters (581.78 feet); thence South 00"58'30" West, 44.820 meters
(147.05 feet) for a POINT OF BEGINNING; thence South 89"01'30"
East, 15.000 meters (49.21 feet); thence South 00"58'30" West,
10.000 meters (32.81 feet); thence North 89°01'30'' West, 15.000
meters (49.21 feet); thence North 00"58'30" East, 10.000 meters
(32.81 feet) to the POINT OF BEGINNING.
Containing 150.0 square meters (1,615 square feet).
Legal ~escription Approved by:
' ' 737
Date: {)~ ° ] ~o g~
NOT VALID UNLESS EMBSSSED
EXHIBIT "A"
Page 3
LOCATION MAP
LEGEND
ACQUISITION AREA
GOV'TLOT1
)SINGLE FAMILY RESIDENCE
395.55' 120.56 m)
k--LEAH TO
· '-- SEPTIC AREA d~l~
GRAVEL DRIV~ { I
TOP OF' BANK
~---- DRAINAGE EASEMENT
(O.R.B. 1316, PG. 2049
229.68'
624.11' (190.23 m)
NOTES
1. THIS 15 A GRAPHIC PRESENTATION, NOT A SURVEY.
IT IS BASED ON A INFORMATION OBTAINED BY
COASTAL ENGINEERING CONSULTANTS INC.
2. PROPOSED IMPROVEMENTS, RIGHT-OF-WAY TAKEN
AND STATIONING INFORMATION TAKEN FROM FDOT
RIGHT OF' WAY MAPS ANO CONSTRUCTION PLANS,
COLLIER COUNTY,,
STATE PROJECT NO. O3O1O-2542
STATE ROAO NO. 0O (U.S. 41)
AREAS ANO HAVE BEEN ROUNDED TO THE NEAREST
SQUARE FOOT.
4. BOUNDARY mrORHATION TAKEH fROM FOOT
RmNT-OF-WAY MAP, COLLIER COUNTY
STATE PROJECT NO. 0~01O-2542
STATE ROAD NG. 00 (U.S. 41)
GOV'T LOT 1
SITE DATA
PARCEL AREA: 102,BI2 Sr.
TAKING PARCEL 102: 17,175 s.r.
TAKING PARCEL 802: 1,615 S.r.
REMAJNINO AREA: 85,639 s.r. (INCLUDES PARCEL 802)
COASTAL ENGINEEP. aV(; CONSULTANTS,
COASTAL& ~ ~ · ~ · ~ · OE~
Z
4g.S3' E
~ o
32.81'
(,o.oo --5-- PARCEL 802
NOT A SURVEY
FOR ILjustRATION PURPOSES
FLORIOA DEPARTMENT OF' TRANSPORTATION
SR-gO PARCELS 102 AND 802
!
ONLY
August 3, 1999
Item #16B26
BUDGET AMENDMENT TO TRANSFER FUNDS FROM PROJECT 60171, ADVANCED RIGHT-
OF-WAY, TO PROJECT 60172, TRAFFIC SIGNALS
Item #16Cl
PARK TO BE CONSTRUCTED ON 4.58 ACRES ON THE CORNER OF BLUEBILL AVENUE
AND VANDERBILT DRIVE TO BE NAMED CONNER PARK AT VANDERBILT BEACH
Item #16C2
BID NO. 99-2958 FOR SPRINKLER PARTS AND RELATED ITEMS - AWARDED TO
FLORIDA IRRIGATION SUPPLY, INC. AS THE PRIMARY VENDOR AND WESCO TURF,
INC. AS THE SECONDARY VENDOR
Item #16C3
BUDGET AMENDMENT FOR THE COLLIER COUNTY MEDICAL EXAMINER TO COVER
INCREASED LABORATORY TESTING COSTS - IN THE AMOUNT OF $12,000.00
Item #16C4
AGREEMENT WITH COLLIER SPORTS OFFICIALS ASSOCIATION, INC. FOR
PROVIDING SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES
Page 196
AU6- 3 1999
AGREEMENT FOR OFFICIATING SERVICES
This Agreement entered into this,3A,t.-day of ~-~-, 1999, by and between the Board
of County Commissioners of Collier County, Flbrida, hereinafter referred to as the
"County" and the Collier Sports Officials Association, Inc. of Naples, Florida, hereinafter
referred to as "CSOA". The parties hereto agree as follows:
SECTION I - CSOA will furnish game officials for all adult softball games in the
Naples area.
SECTION II - The County shall pay CSOA for furnishing officials the following
rates payable as provided herein:
A. Adult softball in the Naples area: $14.00 per game per official
Two officials per game
B. Girls Fast Pitch Softball:
Two officials per game
$18.00 per game per official
The rates include extra innings, games.
SECTION III: CSOA shall provide:
A. Officials for all games, minimum of two (2) officials per game.
Bo
A pre-season list of registered officials for consideration by the County shall
be furnished to the County before each season or league. The officials must
be registered in the local, state, or national organization specific to their sport.
Co
The County shall have the authority to review the conduct and effectiveness of
officials. The County reserves the right to require CSOA to replace any
official who is deficient in meeting standards established by the Amateur
Softball Association and the County.
SECTION IV - In the event of postponement or cancellation 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.
Ao
If the game official(s) are not notified of postponement or cancellation prior to
arrival at the field for a scheduled contest, the official(s) will be compensated
for one game even though no game is played.
B. In the event a contest which is in progress is canceled due to inclement
weather, electrical outage, or circumstances beyond the County's or CSOA's
AU{}- 3 1999
control, official(s) will be paid for games completed and any games in
progress at the time of cancellation.
SECTION V - The Agreement shall be in effect from September 1, 1999 through
August 31, 2001. Amendments to this Contract shall be in writing and signed by both
parties. The County and CSOA may agree to extend this Agreement under all of the
terms and conditions contained in this Agreement for up to (2) two additional years
following expiration of the initial term.
SECTION VI - Payment of officials will be made in accordance with Collier
County Purchasing Department and Finance Department procedures. CSOA shall render
to the County a biweekly statement showing the number of games worked by its
official(s). The statement shall contain a certification by an officer of CSOA that he/she
has reviewed the statement and that the information contained therein is true and correct.
This statement shall be mailed to:
Collier County Parks and Recreation Department
Attention: Athletic Supervisor
3300 Santa Barbara Boulevard
Naples, Florida 34116
SECTION VII - It is expressly understood that CSOA officials are independent
contractors and therefore are not entitled to benefits normally afforded employees of the
County. This provision shall not apply to any County employee who acts as an official.
SECTION VIII - 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 the
terms of their contract, CSOA must provide proof of $500,000 Liability Insurance 24
hours prior to the expiration date of the previous policy. The failure of CSOA to provide
said documentation to the satisfaction of the County shall automatically terminate this
Agreement.
SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor
as to the time and location of organizational meetings one week prior to the 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 Association
Post Office Box 8331
Naples, Florida 34101
2
AU6- 3 1999
All notices from CSOA to the County shall be deemed duly served if mailed by registered
or certified mail to the County to:
Collier County Parks and Recreation Department
Attention: Athletic Supervisor
3300 Santa Barbara Boulevard
Naples, Florida 34116
CSOA and the County may change the above mailing addresses at any time upon giving
the other party written notification.
SECTION XI'- If CSOA fails to comply with any of the terms and conditions
hereof and such default is not cured within five (5) days after written notice is given to
CSOA, the County may terminate this Agreement.
SECTION XII - The CSOA will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county, or municipal
ordinance; rule, 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 correct any such violation, conduct, or practice to the
satisfaction of the County within 24 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.
SECTION XIII - CSOA agrees that there shall be no discrimination as to race,
gender, color, creed, or natural 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 the County. CSOA is an independent contractor.
SECTION XV - Certificate(s) of Insurance - All CSOA officials belong to the
ASA (Amateur Softball Association) and are thereby covered by the amount of insurance
required in Section VIII.
SECTION XVI - This Agreement is subject to an annual appropriation for same
contained in the 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.
AU$- 3 1999
Attest:
Dwight E. Brock, Clerk
.. Deputy Cie. rk
~ ktt~s~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
~o[mOa s~. ~~m~
Assistant County Attorney
COLLIER SPORT OFFICIALS ASSOCIATION, INC.
W. Thigpen, President
Typed Signature and Title
4
August 3, 1999
Item #16C5 - Moved to Item #8C1
Item #16C6
BUDGET AMENDMENTS RECOGNIZING A FEDERAL EMERGENCY MANAGEMENT AGENCY
REIMBURSEMENT AND ADDITIONAL TOURIST DEVELOPMENT TAX REVENUE AVAILABLE
TO THE COUNTY MUSEUM
Item #16C7
MEDICAID WAIVER CONTINUATION CONTRACT BETWEEN COLLIER COUNTY AND AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS FOR
SOUTHWEST FLORIDA
Page 197
AU6 - 3 1999
5199
Contract No. ADAW.203.99
Medicaid Waiver Spending Authority Contract
Area Agcn~ on Aging for Southwest Florida, Inc., dfo/a S~nior Solutions
for Southwest Florida
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b/a Senior
Solutions for Southwest Florida, Inc., hereinafter referred to as the "area agency", and the Collier County
Board of County_ Commissioners, hereinafter referred to as the "case management agency".
The parties agree:
I. The Case Management Agency Agrees:
Request for Payment
Service provider agencies should submit requests for payment (claims) to the Medicaid fiscal agent
within 60, days after services have been provided or document reasons for delayed submission of
claims which will be made available to the Area Agency on Aging upon request; if the service
provider fails to submit claims within 60 days and fails to document reasons for delayed
submission as required, spending authority amounts may be adjusted to reflect the most current
claim (expenditure) information available. Future allocations amounts may be contingent on
timely submission of claims.
Usual and customary rates for case management and case aide (if applicable) services to be
provided by your agency are listed in Attachment I. Case management agency rate
increases/decreases must be forwarded to the area agency along with justification for any
increase.
Conflict of Interest
The case management agency hereby agrees that it will develop and implement a policy to ensure
that its employees, board members, management, and service providers, will avoid any conflict of
interest or the appearance ora conflict of interest when disbursing or using the funds described in this
agreement or when contracting with another entity which will be paid by the funds described in this
agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a
direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person
wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case
management agency must ensure that all individuals make a disclosure to the department of any
relationship which may be a conflict of interest, within thirty (30) days of an individual's original
appointment or placement on a board, or if the individual is serving as an incumbent, within thirty
(30) days of the commencement of the contract.
Audits and Records
· 1. To maintain books, records, and documents (including electronic storage media) in accordance
with generally accepted accounting procedures and practices which sufficiently and properly
reflect all revenues and expenditures of funds provided by the area agency under all contracts
under this agreement.
AUG - '3 1999
5~99
De
Contract No. ADAW.203.99
To assure these records shall be subject at all reasonable times to inspection, review, audit, copy,
or removal from premises by state personnel and other personnel duly authorized by the area
agency, Department of Eider Affairs, as well as by federal personnel, if applicable.
To maintain and file with the area agency such progress, risc, al and inventory and other reports
as the area agency may require within the period of this agreement. Such reporting requirements
must be reasonable given the scope and purpose of the contracts incorporating this agreement by
reference.
4. To include these aforementioned audit and record keeping requirements in all approved
agreements and assignments.
5. The case management agency agrees to respond to requests for client information and statistical
data for research and evaluative purposes when requested by the area agency.
Monitoring
1. To provide progress reports, including data reporting requirements as specified by the area
agency and Department of Elder Affairs. These reports will be used for monitoring progress or
performance of the contractual services as specified in this agreement.
The case management agency agrees to coordinate meetings with the service providers as
requested by the area agency when it becomes evident that spending authority amounts are not
being properly managed in accordance with this agreement.
To permit persons duly authorized by the area agency and the Department of Elder Affairs to
inspect any records, papers, documents, facilities, goods and services of the provider which are
relevant to this agreement or the mission and statutory authority of the area agency or the
Department of Eider Affairs, and/or interview any clients and employees of the case management
agency to be assured of satisfactory performance of the terms and conditions of the contract.
Following such inspection the area agency will deliver to the case management agency a list of
its concerns with regard to the manner in which said goods or services are being provided. The
case management agency will rectify all noted deficiencies provided by the area agency within
the time set forth by the area agency, or provide the area agency with a reasonable and acceptable
justification for the provider's failure to correct the noted shortcomings. The area agency shall
determine whether such failure is reasonable and acceptable. The case management agency's
failure to correct or justify deficiencies within a reasonable time as specified by the area agency
may result in the area agency taking any of the actions identified in the Enforcement section, or
the case management agency's deeming the case management agency's failure to be a breach of
contract.
2
AU6 - 3 1999
5/99
Contract No. ADAW.203.99
He
Spending Authority
The area agency authorizes payment in accordance with Attachment I to this agreement in the amount of
$59,624 for the Home and Community Based Medicaid Waiver for the first quarter of SFY 99-00. The
area agency has authorized payment in the amount of $1,594 for the Consumer Directed Care Medicaid
Waiver for the first quarter of SFY 99-00. The case management agency may, with prior written approval
from the area agency, move money between the Home and Community Based Waiver and the Consumer
Directed Care Waiver within the total allocated amount for both waivers.
Case management agencies must not exceed allocated spending authority limits without first obtaining
written authorization from tho area agency on aging and/or The Department of Elder Affairs. Case
management agencies are responsible for continued monitoring of service providers to facilitate
compliance with this requirement.
m. The Case Management Agency and Area Agency on Aging Mutually Agree:
Effective Date
1. This contract shall begin on
both parties, whichever is later.
July l, 1999
or on the date the contract has been signed by
2. This contract shall end on June 30, 2000
Termination
l. Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
of delivery.
Termination Because of Lack of Funds
In the event funds to finance this agreement become unavailable, the area agency may terminate
this agreement upon no less than twenty-four (24) hours notice in writing to the case management
agency. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery. The Department of Elder Affairs shall be the final authority as to the
availability of funds.
Termination for Breach
Unless the case management agency's breach is waived by the area agency in writing, or the case
management agency fails to cure the breach within the time specified by the area agency, the area
agency may, by written notice to the case management agency, terminate this agreement upon no
less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery.
l. The provisions herein do not limit the area agency's right to remedies at law or to damages, or
to legal remedies of an equitable nature.
3
5~99
C.
Contract No. ADAW.203.99
Notice and Contact Information AU6 - 3 1999
1. The name, address, and telephone number of the contract manager for the area agency for this
contract is:
Terry F. White, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
d/b/a Senior Solutions for Southwest Florida
2285 First Street
Fort Myers, Florida 33901
(94]) 332-4233
The name, address, and telephone number of the representative of the area agency on aging
responsible for administration of the program under this contact is:
Nanci Lochner, Program Supervisor
Collier County_ Services for Seniors
Collier County Government Complex
3301 Tamiarni Trail East, Building H
(941)774-8443
In the event different representatives are designated by either party after execution of this
contract, notice of the name and address of the new representative will be rendered in writing to
the other party and said notification attached to originals of this contract.
IN WITNESS THEREOF, the parties hereto have caused this 5 page contract to be executed by their
undersigned officials as duly authorized.
CASE MANAGEMENT AGENCY
BOARD PRESIDENT OR
AREA AGENCY ON AGING:
Area Agency on Aging for Southwest Florida
AUTHORIZED DESIGNEE
NAME: .... p~nela S. Mac'Ki~
DATE: ~
FEDERAL ID NUMBER: 596000538
NAME: ,o IC -hlerl )
TITLE: Board President
DATE: , 7 / 30 / ~
Approved as to legal form and sufficiency:
Chief Assistant,-:.County Attorney
.~ated: ~~'/~,~
'~ttest:
Dwight E. Brock, Cl'erk '
Attest es
to Chalremn's
onl~.
4
AU6 - 3 '1999
5/99
Contract No. ADAW.203.99
Attachment I
Services to be provided:
Case Management - Services which will assist individuals who receive waiver services in gaining access
to needed waiver and other State plan services, ns well as needed medical, social, educational and other
services, regardless of the funding source for the services to which access is gained.
Case managers shall be responsible for ongoing monitoring of the provision of services included in the
individual's plan of care. Case managers shall initiate and oversee the process of assessment and
reassessment of the individual's plan of care and the review of plans of care at such intervals as are
specified in the State of Florida Agency for Health Care Administration Home and Community Based
Waiver For Aged/Disabled Adult Services 1915(c) Medicaid Waiver Renewal Request, dated May 1998.
Case Aide - Case Aid services are provided by paraprofessionals under the direction of case managers.
Case Aides maximize the productivity of case managers through the use of more cost effective assistants
for routine nonprofessional tasks. Case aides will not formulate care plans of perform needs assessments
or reassessments. Case aides services include: assistance with implementing plans of care, oversight and
supervision of provider training activities, facilitating links of providers with recipients via telephone
contacts and visits.
CASE MANAGEMENT AGENCY UNIT RATES - FISCAL YEAR 1999-00
Case Management Agency: Collier County Services for Seniors
County Served: Collier
Case Management Unit Rate: $ 43.60 / hour
Case Aide Unit Rate:
$ n/a / hour
PLEASE NOTE: The Medicaid billing agent will pay an organization's usual and customary rate for service or
the maximum rate allowed by Medicaid, whichever is lower. Currently the maximum ADA Waiver rates allowed
by Medicaid are as follows:
Case Management: $45.00/hour
Case Aide: $21. O0 / hour
5
August 3, 1999
Item #16C8 - Moved to Item #8C2
Item #16C9
WORK ORDER UNDER THE COUNTY'S ANNUAL ENGINEERING AND DESIGN CONTRACTS
FOR BARANY SCHMITT SUMMERS & WEAVER TO PROVIDE A COORDINATED SITE
DEVELOPMENT PLAN OF THE GOLDEN GATE COUNTY GOVERNMENT COMPLEX
Page 198
WORK ORDER # BSW-FT-99-6
Agreement for Fixed Term Professional Architectural Services
Dated July 16, 1996 ( Contract #96.2498)
AUG
031999
This Work Order is for professional architectural services for work known as:
Developing a generalized site plan of the Golden Gate Satellite showing existing buildings,
parking, water management areas, out-falls, utility lines, surrounding roadways, ingress and
egress points, parking and general landscaping. (see attached copy of Proposed Scope of Services
for Collier Government - Golden Gate Satellite Site). In addition, to provide "early schedule"
planning for a 5,000 sq. ft. government office building.
Scope of work:
To provide all architectural and engineering services as outlined in the attached copy of Propose.d
Scope of Services for Collier County - Golden Gate Satellite and the attached proposal by
Barany Schmitt Summers Weaver and Partners, Inc. titled Collier County Government Golden
Gate Satellite Site - Master Plant dated July 14, 1999 with revisions dated July 28, 1999.
Schedule of Work: Phase one: A draft master plan and early schedule planning for a 5,000 sq.
ft. office building shall be completed no later than October I, 1999. Phase two: SDP submittal
and SFWMI) Water Management Plan submittal, if applicable, shall be made following the final
design and permitting of the future office building. Final design and permitting by others.
Compensation: In accordance with Article Five of the agreement, the County will compensate
the firm in accordance with the negotiated lump sum amount indicated in the schedule below (if
a task is time and material, so indicate and use the established hourly rates as enumerated in
'Schedule "A" of the Agreement).
PHASE ONE (funds are presently available) .~:
Task 1. Generalized site plan.
Task 2. Develop program of needs.
Task 3. Outline currently planned and budget improvements.
Task 3a Early schedule planning - 5,000 sq. ft. office building
Task 4. Master plan design - 3 options.
Task 4a. Vacation of Lucerne Rd
Reimbursable expenses
SUB - TOTAL
PHASE TWO (when funds are available)
A. Final SDP approval
B. If SFWMD permit is required. Add
C. Contingency 5%
SUB - TOTAL
$1,850.00
2,500.00
660.00
2,500.00
10, 400.00
10,000.00
500.00
$28,410.00
$17,800.00
5,000o00
2,790.00
$25,590.00
TOTAL NOT TO EXCEED $54,000.00
Any change within monetary authority of this Work Order made subsequent to final department
approval will be considered an additional service and charged according to Schedule "A" of the
Agreement.
/~k [2rognale, Conslanf6't{or~ Manager
/Dep~ent of Facilities Management
REVIEWED BY: ~
Department of Facilities Management
AUG
. ,,'' wi~=l{i -E!:Br~l~',~lcrk
,.:., ~g~.S~ciency,~.
' '~AssN~ CO~ A~om~
A~ST:
(co~o~te Secret)
By:
'Type Name and Title
Board of County Commissioners
Collier County, Florida
Baranv Schmitt Summers Weaver & Partners. Inc.
By:
Eugene C. Schmitt, Vice President
(or) wimesses (2)
/ ~ignatul/,~ ~'
Print Name
Debbie Murtagh
Print name - ..: :
BamnySchmittSummersWeaver
AU6 0 3 1999
A N D P A R T N E R S I N C O R la O R A T E 0
14 July 1999
Revised 28 July 1999
Joseph A. !Sa~ ;~t¥, AIA
Eugene C. Schmi;1,
Daniel A Summer~, AIA
R0nald G. We;,.ver, AIA
Kenne,.h L. Lamers, RA
Kenne[h G. Aliff, A[A
Fort Myers Office: []
15:~0 RoysI ;=am Sq. Blvd.
Suite 300
Fen MyerS. FL 33919
941i278-3838
FAX 94
BSSWflm @ aoLcom
Naples Office: []
5185 C&stel$o Orive
Suile 4
Naple~. FL 34103
941164,3-3103
FAX 94 t 1643-7435
BSSWnap~2aol.com
Ucense # AA C001863
Innovation and
Performance in
Archilec. tute and
Planning
proposal for Sewices for .........
COLLIER COUNTY GOVERNMENT
GOLDEN GATE SATELLITE 8lTL - MASTER PLAN
Scope of work shall be based on Proposed Scope of Services, Collier County
Government - Golden Gate Satellite Site, received July 8, 1999; and revisions to
include 'early schedule' planning for a 5,000 sq. ff. govermrnent office building. The
services of the following sub. consultants are Included:
· Civil Engineering:
· Landscape Architecture:
Agnoli Barber Brundage
Jack Uel~er & Associates
PROFESSIONAL FEES
Task 1.
Generalized Site Plan - Existing Conditions
· Architectural Services ....................................
· Civil Engineering Sewices ..............................
· Landscape Design Services ............................
Task Total:
Task 2.
$ 850.00
500.O0
$00.00
$ 1,850.00
Task 3.
Meet with Users, Develop Program of Needs
· Architectural Services .................................... $ 2,500.00
· Civil Engineering Services ..............................
· Landscape Design Services ............................ .0-
Task Total: $ 2,500.00
Task 3a.
Meet with Facilities Management Staff, Outline Currently
Planned and Bu~tgeted Improvements
· Architectural Services .................................... $
· Civil Engineering Services ..............................
· Landscape Design Services ............................
~ Task Total: $
Early schedule planning - 5,000 sq. ft. office building
· Architectural Se~vioes & Miscellaneous
Engineering Semices ............................... Est. $
· Civil Engineering Services - Sketch and
Description (similar to land survey) of
office building site, with topographic data
Task Total: $
230.00
23O.0O
200.00
66O.00
1,500.00
1,000.00
2,500.00
Proposal fix Services Im
cc)I.LIE~ COUNTY GOVERNMENT
GOLDEN GATE SATEU,ITE SITE. MASTER PLAN
Page 2
3 199
Task 4.
Task S.
Note:
Master Plan Designs- 3 Options
· 'Architectural Services ....................................
· Civil Engineering Services ..............................
· Landscape Design Services ............................
Task Total:
6,400.00
3,000.00
1.000.00
10,400.00
Final aDP Approval lay Counb/Development Services
Division
· Arcttltoctural Services
· Civil Engineering Services ..............................
· Landscape Design Services
Task Total:
$ 1,000.00
15.000.00
1
$' 17,800.00
If vacation of Lucerne Road Is included in the Master Plan option selected
in Task 4 above, add the following: Civil Engineering Tasks
· Land Suweylng Services
- Documentation regarding vacation of mad right-of-way
B. SUMMARY of PROFF..~$1ONAL FEES
· ArchRecturel Services .................................................
· Civil Engineering Services ............................................
· Landscape Design Services ..........................................
· Reimbursable Expenses-Document Duplication ..............
Sub-Totah
$12,4~0.00
1g,730.00
3,500.o0
soo,,po
$ 36,210.00
· If vacaUon of Lucema Road is included, add ....................
· If SFWMD General Permit (Master Drainage Plan
Permit) is required, add ................................................
· Contingency 5% .........................................................
Total Not-to-Exceed;
10,000.00
5,0O0.00
53,710.00
Use: $ S4,'O00.0o
C. PROPOSED SCHEDULE
· A draft Master Plan shall be completed no later than October 1, 1999.
· Task 3a, Early Sclledule Planning for 5.000 sq. tL office buikllng, shaft be
completed no later than Ootober 1, 1999.
· aDP submittal and $1=WMD Water Management Plan sulamittal, if applicable,
shall be made following the final ~sign and permitting of the futura office
building. Final design and permitlJng by othms.
Propo~l fo~ Servlr~s [or
COLLIER COUNTY GOVERNMENT
GOLDEN (ATE SAI'ELLITE SITE - MASTER PLAN
14 July 1998
Revised 26 July 19e9
METHOD OF PAYMENT
· Monthly based on progress. (Incomplete Tasks may be in¥olr..,ed based on
evidence of progress.)
NOTE
The cost of permit applications Is not Included herein.
Task 3a, Early Schedule Planning for 5,000 sq. fi. office building, is intended
to include a specific site recommendation, function space program and
footprint for this project. Final design and permitting of this project is not
included herein.
EC S:k=~propV2.-~;m~GateSat~lllteS~,dec
Scope of Services
The fima selected will be asked t°
1.) Develop a generalized site plan of the current site showing existing buildings, parking, water
management areas, out-falls, u~ity lines, surrounding roadways, ingress and egress points,
parking and general landscaping.
2.)
Meet with 'all current site reside, nm m de~nine what, if any expansion plans .are in existence.
(Community Center Manager, Facilities Management Director, Fire Department Chief, EMS
Operations Manager, Library Director, Public Services Administrator, others).
3.)
Meet with the Facilities Management Depaxuaient to determine what new construction is
planned for tenants not currently located on the site. (Facilities Mgt. will represent the County
for the purposes of programming the government satellite building and it's expansion.
4.)
Develop th.~..ree generalized alternative plans for location of all new construction and expansion.
Design alternatives should provide for:.
A.) a coordinated site design, including lighting recommendations, etc.
B.) bicycle/pedestrian walk,ways to all facilities
C.) shared water management planning wherever possible (identify permits required &
COSts).
D.) shared parking where and if possible
E.) coordinated ingress and egress points
F.) (2 of 3 plans) vacation of Lucerne Road from 49~ Terrace to Sunshine Blvd.
Based on the plan selected, work with the County staff to develop a site development plan in
accordance with the County Land Development Code.' The fm-n will be asked, as part of the ~ite '~
plan to develop a master landscape plan which will be xeriscape in nature.
6.)
Identify all permit cost, development costs, federal, state~ and 1o.~.. permits required and
processes necessary m complete the plan. -(,..r' C)I~:~J ~WI~'~ , ~-('C, .
C
AU6 0 3 1999
The engagement will be completed upon receipt of a final site plan approval from the County
Development Services Division.
It is anticipated that all work drawings, discs, papers and other materials associateO with this task will
become the property of Collier County at the conclusion of the engagement
August 3, 1999
Item #16C10
FORMAL BID PROCESS WIAVED; CONTRACT FOR RENOVATION OF A SOCCER FIELD
AT VINEYARDS COMMUNITY PARK AWARDED TO MIKE COLE ENTERPRISES IN THE
AMOUNT OF $62,775.00
Item #16D1
BID NO. 99-2937 FOR UNIFORM RENTAL - AWARDED TO UNIFIRST CORPORATION
WITH A TWO YEAR RENEWAL OPTION
Item #16D2
INVOICE PROVISION CHANGED IN FOUR (4) EXISTING CONTRACTS: 98-2887,
ON-CALL PLUMBING CONTRACTOR; 98-2879, ON-CALL ELECTRICAL REPAIRS & NEW
INSTALLATION; 98-2877, ON-CALL MECHANICAL CONTRACTOR; AND 98-2895, ON-
CALL }IVAC CONTRACTOR
Item #16D3
BID #99-2949, "GASOLINE AND DIESEL FUEL" - AWARDED TO THE PRIMARY AND
SECONDARY VENDORS AS LISTED IN THE EXECUTIVE SUMMARY
Item #16D4
AGREEMENTS FOR FIXED TERM PROFESSIONAL ARCHITECTURAL SERVICES, RFP 99-
2930 - WITH BARANY SCHMITT SUM/~ERS WEAVER AND PARTNERS, INC.; VICTOR
J. LATAVISH, AIA ARCHITECT; AND ALFRED FRENCH AND ASSOCIATES, INC.
Item #16D5
COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN
Page 199
AU(}- 3 999
Collier County Equal Employment Opportunity Plan
Introduction
The Collier County Board of Commissioners is the Grantee for two agencies receiving U.S.
Department of Justice grants: Collier County Sheriff's Office and Collier County Clerk of
Courts. The Clerk's Grant number is 99-CJ-9M-09-21-01-212. The Sheriff's Grant numbers are
as follow:
98-CJ-6J-09-21-01-201
98-CJ-6J-09-21-01-202
98-CL-WX-0131
J7-99-06-06-01
97LBVX4249
98-CJ-9M-09-21-01-003
99-CJ-9M-09-21-01-002
95-CC-WX-0265
97-WE-VX-0022
98LBVX4249
As the Chief policy-determining body of the County, the Collier County Board of
Commissioners is responsible for providing to the residents of Collier County services that
protect their health, safety and welfare. To this end, the Board hires a County Administrator to
manage the operations that provide quality services to the citizens. The main Collier County
Government Center is located at 3301 Tamiami Trail East, Naples, Florida 34112.
For information regarding the Sheriff's projects, contact Joyce Houran, Grant Coordinator at
941-774-4434. For information regarding the Clerk's grant, contact Kelly Jones, Accountant II,
at 941-774-8356.
Personnel Management Overview
The Collier County Board of Commissioners establishes Human Resources policies and the
County's Human Resources Department develops the procedures to administer the policies.
These Human Resources procedures are compiled in a manual which is distributed and reviewed
with all employees at their date of hire and updated as necessary to meet the needs of the
organization. All revisions are approved by the Office of the County Administrator and
distributed to existing employees for inclusion in their copy of the procedures.
Collier County Policy
The Human Resources Practices and Procedures Manual contains the County's Equal
Employment Opportunity procedure. This procedure was enstablished effective Octoberl, 1990,
and has recently been updated by the County Administrator effective march 17, 1999. The
procedure follows:
AUG- 3 1999
Collier County Equal Employment Opportunity Plan
Page 2 of 4
It is the practice of the County to ensure that all Human Resources procedures are in compliance
with state and federal law. The County prohibits discrimination as defined by state and federal
law.
All Human Resources practices, including compensation, benefits, discipline, safety, as well as
social and recreational activities will be administered and conducted itt compliance with state
and federal law.
All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be
based solely on the candidate 's/employee's job-related qualifications and abilities. Seniority
may be considered as a factor given other factors are equal.
An outreach program may be utilized to recruit, hire and ensure advancement of qualified
minority group members, women, disabled individuals and veterans.
Collier County government will take the necessary steps to ensure that the work environment is
free of unlawful discrimination or harassment.
Collier County will continue to review its Human Resources procedures to ensure that its
supervisors and managers adhere to its commitment to Equal Employment Opportunity
principles.
Employees who have EEO-related questions, comments or complaints are encouraged to discuss
them with their supervisor, If they are unable to resolve the situation through their supervisor,
they may discuss it with their Department Director, Division Administrator or a representative
from the Human Resources Department. The employee may also utilize the Commitment to Fair
Treatment Procedure.
Utilization Analysis
Attachment "A" is the Collier County Board of Commissioners' Workforce Analysis. Please
note that the Collier County Board's workforce is comprised of employees for five (5) of the
EEO categories - Officials/Administrators, Professionals, Technicians, Office/Clerical, and
Service and/or Maintenance. Attachment "B" is the Community Labor Statistics for the five
applicable EEO categories utilizing the 1990 U.S. Census data. Attachment "C" is the
Utilization Analysis derived from the comparison of the
AUG- 3 1999
Collier County Equal Employment Opportunity Plan
Page 3 of 4
Board's workforce to the labor market data. Relevant information regarding the Utilization
Analysis is provided below:
Overall, the Collier County Board's workforce is deficient for females in all categories
except Office/Clerical when compared to the Community Labor statistics. Some of the
categories, which are most under represented, are Technicians -19.9% and Service and/or
Maintenance -19.4%. This under utilization is fairly consistent among the female minority
categories with a few exceptions. Black Officials/Administrators is 1.9% over the
Community Labor Force and Hispanic females, while underrepresented by -.9% in the
Office/Clerical category, are over represented in the Service and/or Maintenance category
(21.4%).
Black males are well represented in the Board's workforce as compared to the Community
Workforce with the exception of Officials/Administrators. Also Hispanic males are well
represented with the slight exception (-. 1%) in the Office/Clerical category.
Ob|ectives
It is our objective to increase female representation in our workforce by evaluating our
promotional practices to ensure that females are receiving equal opportunity to advance.
goal of the County to increase females in upper level positions to be consistent with the
Community Labor Workforce.
It is the
It is our objective to increase females participating in the technician category to be consistent
with the Community Labor Workforce. Additionally, vacancies in service/maintenance positions
will be targeted for females who meet the minimum requirements for the positions.
Steps to Achieve the Objectives
The following steps will be taken to assure female representation in our workforce is consistent
with the Community Labor Workforce in the categories of administrators and professionals as
well as technicians and service and/or maintenance.
AU6- 3 1999
Collier County Equal Employment Opportunity Plan
Page 4 of 4
Training courses will be reviewed to assure females are participating.
Exit interviews will be reviewed to determine females are aware that opportunities for
advancement are available to them.
Networks will be deVeloped with local professional women's associations to encourage
female applicants.
The relationship with the Black and Hispanic Advisory Boards will be utilized to encourage
input when vacancies occur in administrative and professional positions.
A relationship with the NAACP will be utilized to encourage input when vacancies occur in
administrative and professional positions.
The practice of posting vacancies on the Intemet as well as utilizing a "Jobs Hot Line" phone
number will be continued.
Advertising in Las Nociones, which is a local Hispanic newspaper, for minority applicants
will be continued.
The practice of mailing weekly job postings to local job service centers will be continued.
Examples of centers that receive the County's weekly job vacancies include the State of
Florida Division of Rehabilitation, Florida Gulf Coast University's Career Development
Center, and the Florida Job Service.
When providing mandatory supervisory raining, emphasis will be placed on the importance
of equal opportunity in the workplace to ensure the supervisors comply with the County's
procedures.
10. Diversity in the workforce will be emphasized in all training as well as continuing to offer a
diversity training course to all employees
Dissemination
The Human Resources Director is assigned the responsibility of taking the necessary actions to
achieve the above referenced goals and disseminate this Equal Employment Opportunity Plan to
staff, applicants and the general public. All recruiting materials, brochures, application forms,
position postings, and advertisements state that Collier County is an Equal Opportunity
Employer. Information regarding equal employment opportunity that is required by the state and
federal government is kept current by the Human Resources Department.
AU6- 3 1999
Collier County Equal Employment Opportunity Plan
Page 5 of 5
DATED: August 3, 1999
ATTEST:
Dwi ~g~, .I; ~. Brock, Clerk of Courts
,, ~,~ ~ ~:
~ ~- ., ~"'~,
~, , ' ., ~?~,,~ ~o Ch~fl't~
BOARD OF COUNTY CISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
Attachment A
AUG- 3 1999
COLLIER LABOR STATISTICS (CLS)
MALE
Jot) Camgory Totat B W H A/Pl Al/AN
Officials/Admini~-a[c,~s 32r/'1.1% 0/0% 30/68.7% 2/4.5~ 0/0% 0/0%
PmfessJonals 111/58.1% 2/.1% 105/53.0% 3/1.5~ 0/0% 1/.5%
;
Tecl~nic~ar~ 249/7,~.8~ 1/.3% 232.~g.~ 18/4.8% 0/0% 0/0~
Off'me/Clerical 24/~.7% 11.4% 19/7.7~ 4/1.6% 0/0% 0/0%
Service and/or Main~ 381)/84,1% 28/10.5% 262J61,2% 71/18.6% 0/0% 1/.2%
Total, Male 776/62.0% 30/3.9% 648/83.5% 96/12.4% I)K)% 2/.3%
FEMALE
I:)1flc~ls/Aztmlnistratom 13/2~.9% 1/2.2% 1~.7% ~
Pmf~na~ 871~.~ ~% ~4~.4% 11.5%
Te~ni~ ~~ 11.~% ~.1% 511.5% 11.3% 010%
~Cleri~l ~.~% ~2.4% 20~.7% 1114.4% ~.~ 0~%
Se~i~ a~or Mal~ ~1~.~ 31.7~ 5~12.2% 1~0.4% ~O% 01~
Total, Female 47~.0% 11~.3% 4~0,8% 3~.3%
Tmal, all ~oy~ ~2~ 41 I080 1~ 3 2
Key: B=Black, W=White. H=Hlspanl .c,.~/Pl=Asian/Paciflc Island,Al/AN=American Indian or Al~kan Native
Attachment B
AU6- 3 1999
COMMUNITY LABOR STATISTICS (CLS)
MALE
Job Category Total: B
Officmls/Administrators 7585/64.3% ~2/.5%
Professionals 5402/48.0% 20/.2%
Technicians 1144/54.9% 5/:2%
Office/Clerical 3025/2t:.2% 31/.2~
Service and/or Maim 13080/e4.7% 848/4.2%
Total Male 30196/50.7% 987/3.2%
W H A/PI Al/AN
6939/59.0% 535/4.5% 12/.1% 17/~%
5~?/46.4% 119/1.0% 22/-2% 19/2%
1034/,4g,7% 98/4.7% 0/0% 71.3%
2721/19.0% 243/1.7% 21/.2% 9/.1%
7324Z38.~ 4781/'23.~ 53/.3% 731.4%
23240/77.0~, 5758/Ig.1% 108/.4% 12.5/.4%
Ofllctals/Administrators 4192/35.7% 29/.3% 38ZTJ32.S~ 320/2.7% 8/.1% 131.1%
Professionals 5a44/52.0% g~,8% 5417148.2~ 288/2.5% 30/.3% 16/.27.
Technicians 939/45.1% 5gt2.g% 838/40.1% 44/'2.1% 0/0% 0/13%
Oflr.:a/Clencal · 11263/Z8.8% 279/2% 10135/70.g~ 782/5.3% 2g/.2~ 52/.4%
Service and/or Maint 7127/35.3% 725/3.6% 4525/22.4% 1818/9.0% 39t.2~ 20/.1%
Total. Femate 29365/49.3% 118714.0% 24735/84.2% 3230/11.0% 108/.4% 101/.3%
Total, all employees 59561 2154 47975 8986 214 226
' 8 employees ctasslfl~ as "ottmr' ,
Key: B---glac~,W-White,H-Hispanic, A/Pl=Asian/Pacific Islancl~l/AN=Amedcan Indian or AJaskan Native
AUG- 3 1999
Attachment C
UTILIZATION ANALYSIS
MALE
Jab Category Total B W H A/Pi Al/AN
Officials/Administrators :6.8% -0.5% 7.7% 0% .0.1% ,.0.2%
Profes~onals :8.1% 0,8~ 6.8% 0.5% -0.2% 0.3%
Tectmicians ~19.9% 0.1% 20.0% 0,1% 0% -0.3%
Offlc, e/C~edcal -i11.5% 0,2% -11.$% -0.1% -0~% .0.1%
I
Service and/of Mal~ i~ 9.4% 6,3% 25.0% 7.0% .0.3% 0,2%
Total,Male ,11.3% 0.8% 8.5% -6.7% -0.4% -0.1%
Officials/A~ mini~rato rs '-6.8% 1.9% -5.8% -2,~ ~.1% -0.1%
P~a~ .8.1~ ~.~ -4.~ -~ ~.3% -0~
T~n~ '19.~ -~e% -~7.~ ~.~ 0.3%
~ed~l 11.5% 0.4% 11.6% ~,~ 0.6% .0.4%
Se~ and/or ~i~ ,19.4% -2.~ -10.2% 21.4% ~% ~.1%
Tmal. Female -11 .~ -1 .~ 6,8% ~,7% 0.2%
Key:B=Black. W=White. H=Hispanib. A/PI-AslanlPacific Lslander. AI/AN,~American Indian or Alaskan Native
August 3, 1999
Item #16E1
RATIFICATION OF CONSENT/EMERGENCY ITEMS APPROVED BY THE COUNTY
ADMINISTRATOR DURING THE BOARD'S ABSENCE
Item #16E2
EMERGENCY PURCHASE OF COMPUTER NETWORK ACCESS EQUIPMENT FOR THE FOUR
(4) NEWLY LEASED OFF-CAMPUS LOCATIONS FOR THE RELOCATION OF SHERIFF'S
OPERATIONS PERSONNEL FROM BUILDING "A" AND RELATED BUDGET AMENDMENT
Item #16E3
BUDGET AMENDMENTS 99-321, 99-322, 99-326, 99-327 AND 99-335
Item #16E4
BUDGET AMENDMENTS 99-286, 99-328, 99-330, 99-345, 99-368, 99-369,
99-374, 99-375 AND 99-380
Item #16F1
PROCLAMATION DESIGNATING SEPTEMBER 29, 1999 AS LAW ENFORCEMENT
APPRECIATION DAY FOR 20Ta JUDICIAL CIRCUIT
Page 200
PROCLA~4A TION
WHEREAS,
WHEREAS,
the problems Of crime touch ail seyments of our society and can
undermine and erode the moral and economic strengths of our
communities; and,
we are fortunate that/aw enforcement of£/cers from ali area
agencies dedicate themselves to preserving/aw and order and the
public's safety: and,
WHEREAS,
we recognize that the men and women in/aw enforcement risk their
lives on a dally bads to protect our citizens and maintain social
ordey; and,
WHEREAS, we encourage aH citizens to pause, to recognize our/aw enforcement
officers so that we may not take their work for granted.
NOW THEREFORE, be it proclaimed by the 8oard of County Commissioners of
Collier County, Florida, that September 29, 1999 be des/Enated as
. I~W ENFORCEiI4ENT APPRE~A~ON'D~Y FOR ~0TM ~UD%~AL C~RCU~ ' '~
and ask aE citizens fo join us in honor/nE fh~e:iaw enforcement
officers and to ass/st them by exerct~inE r~pon~ibM citizenship.
DONE AND ORDERED TI-tZ$ 3rd Day of August, 1999. ': ~ i"~
A TTE$ T:
k. R&k, aERX
BOARD OF COUNTY COM/d£$$IONER$
COLLTER COUNTY, 'FLORTDA
P,,J(N~ELA $. I~ACKZE, CHAZR'Vy/ON~AN
August 3, 1999
Item #16H1
SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER
Page 201
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
2514488 OR: 2578 PG: 0107 **
HCORHD in OHICIAL R~CORDS of COLLIBR COUNTY, FL
08/OUHH at lO:HiM D~IGH? B. BROCL CLBRK "
R~C FH ~.00
aetn:
CM~IH
AU6 0 3 ~199
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:
CASE NUMBER:
90-1435-TM
Mark Thomas Cecil
For services of the Public Defender, bearing the date of the 5th day of May, 1999 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $25.00,
under Final Judgement and Order recorded in Official Record book 1554, page 1802.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record,
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
Executed this ~ day of ~ , 1999.
: ATTEST:. 't//- ,.":. BOARD OF COUNTY COMMISSIONERS
:~ ' ~ "' COLLIER COUNTY, FLORIDA
~tte.s.t, ts~to Ch!triBe'S
sfga&tureiMIr$,' , .
Approved ~ to fora Legal sufficiency
Chairwoman
Assistant County Attorney
PREPARED BY:
CLERK OF THE.CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
August 3, 1999
Item #16H2
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated~
Page 202
AU - 3 1999
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
AUGUST 3, 1999
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case No.: 90-1435-TM
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
o
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. May 31 - June 4, 1999
B. June 7 - June 11, 1999
C. June 14 - June 18, 1999
D. June 21 - June 25, 1999
E. June 28 - July 2, 1999
F. July 5 - July 9, 1999
G. July 12 -July 16, 1999
Districts:
A. Fiddler's Creek Community Development District - Minutes of meetings held
March 15, 1999, April 13, 1999 and May 26, 1999
B. Naples Heritage Community Development District - Minutes of meetings held
April 26, 1999 and May 10, 1999
C. Key Marco Community Development District - Minutes of meetings held
March 30, 1999 and May 10, 1999
D. Collier Soil and Water Conservation District - General Purpose Financial
Statement for Year Ended September 30, 1998; Indepe]
Management; Response to Audit Report; and Descripti
o
AUG- 3 999
E. Port of the Islands Community Development District - Minutes of meetings held
April 15, 1999 and May 20, 1999
F. Golden Gate Fire Control & Rescue District - Agenda of July 14, 1999
Minutes:
A. Development Services Advisory Committee - Agenda of April 7, 1999 and
minutes of February 3, 1999 and March 3, 1999 meetings
B. Historic/Archaeological Preservation Board - Minutes of May 21, 1999 meeting
C. Collier County Planning Commission - Agenda of June 6, 1999 and minutes of
May 6, 1999 meeting
D. Pelican Bay MSTBU Advisory Committee - Agenda of June 2, 1999 and minutes
of May 5, 1999 meeting
E. County Government Productivity Committee - Minutes of June 16, 1999 meeting
August 3, 1999
Item #1611
EMERGENCY PURCHASE OF TELEPHONE SYSTEMS FOR THE THREE (3) NEWLY LEASED
OFF-CAMPUS LOCATIONS FOR THE RELOCATION OF SHERIFF'S OPERATIONS
PERSONNEL FROM BUILDING "A"
Item #1612
BUDGET AMENDMENT TO RECOGNIZE CONFISCATED TRUST FUND FISCAL YEAR 1998
CARRYFORWARD, FISCAL YEAR 1999 ADDITIONAL REVENUES, AND USE OF
CONFISCATED TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT BY THE
COLLIER COUNTY SHERIFF,S OFFICE
Item #1613
PURCHASE OF HISTORICAL ARCHIVED DISKS TO CONTINUE IMPLEMENTATION OF
THE RECORDS IMAGING PROJECT FROM R & S INTEGRATED PRODUCTS AND
SERVICES, INC.
Item #1614
SHERIFF'S OFFICE DESIGNATED AS THE OFFICIAL APPLICANT FOR THE UNITED
STATES DEPARTMENT OF JUSTICE 1999 LAW ENFORCEMENT BLOCK GRANT PROGRAM
Page 203
AUG 0 3 1999
DOCUMENT NOT RECEIVED IN CI..ERK'S OFFICE
AS OF 11/30/99
August 3, 1999
Item #1615
PURCHASE OF A PROCESSOR CARD FOR THE TELEPHONE SYSTEM SWITCH AT THE
SHERIFF,S OFFICE MAIN FACILITY - IN THE AMOUNT OF $59,486.00
Item #16J1 - Deleted
Item #16J2
LEGAL SERVICES AGREEMENT WITH FIXEL & MAGUIRE AS LEGAL COUNSEL TO
REPRESENT THE COUNTY RELATING TO THE COUNTY'S PROPERTY ACQUISITION
INTERESTS INCLUDING EMINENT DOMAIN PROCEEDINGS FOR THE PINE RIDGE ROAD
IMPROVEMENT PROJECT (PROJECT NO. 60111)
Page 204
AUG- 3 1999
LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT made and entered into this~,~/~-~ day of
~~~__~ 1999, and between the Board of Commissioners,
by
County
(hereinafter
referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South
Gadsden Street, Tallahassee, Florida 32301, (hereinai~er referred to as "Counsel").
WITNESSETH:
The parties hereto, in consideration of the premises and the covenants contained herein,
mutually agree as follows:
1. Counsel is hereby retained by the Board to represent and assist the County relating to
County's property acquisition interests including eminent domain proceedings for the Pine Ridge
Road Improvement Project (Project No. 60111) from Airport Road to Logan Boulevard.
2. Counsel, upon authority of the County Attorney, is to prepare all legal documents,
correspondence, communications, etc. and to attend all negotiation meetings, settlement
conferences, court hearings and trial(s) necessary during any eminent domain proceedings for
Project No. 60111.
3. The Board, through its Public Works Engineering Department hereby agrees to pay
Counsel as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all
trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per
hour for paralegals providing services hereunder.
4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs
of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal
Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by
appropriate documentation submitted with the invoice or statement for legal services to the County
Page 1 of 4
AUG- 3 1999
Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved
in advance by the County Attorney.
5. A statement or invoice for legal services and direct costs incurred by Counsel shall be
billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All
invoices shall contain, as a minimum, the following information: 1) The proper name of the payee
as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and
the time period in which billable services were rendered. All payments and the resolution of any
disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part
VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall
pay all invoices submitted in accordance with the provisions of Section 218.74, Florida Statutes. If
the County fails to pay any invoice for legal services within the time period specified in Section
218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at
the rate of one percent (1%) per month compounded monthly commencing thirty.(30) days after the
due date.
6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement and shall not subcontract its responsibilities to the Board under this
Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less
than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional
Liability insurance requirement shall be tendered to the Collier County Risk Management
Department within fourteen (14) days of the date of this Agreement.
Current, valid insurance policy(les) meeting the requirement herein identified shall be
maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent
to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be
Page 2 of 4
AUG- 3 1999
a thirty (30) day notification to the Board in the event of cancellation or modification of any
stipulated insurance coverage.
7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees,
and agents harmless from and against any and all losses, penalties, damages, professional fees,
including attorney fees and all costs of litigation and judgments arising out of any willful or
intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants,
subcontractors, agents or employees, arising out of or incidental to the performance of this
Agreement or work performed thereunder, including any claim(s) brought against the County, its
officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or
anyone directly or indirectly employed by any of them. Counsel's obligation under this provision
shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or
the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent
(1%) of the total compensation to Counsel for performance of services authorized by this
Agreement is specific consideration for Counsel's indemnification of the County.
8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of
its business and agrees to comply with all laws governing the responsibility of an employer with
respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of
any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or herea~er
adopted.
9. It is mutually agreed between the parties that all authorization for legal services shall
originate with the County Attorney.
10. Either party may terminate this Agreement for convenience with a minimum of thirty
(30) days written notice to the other party. The parties shall deal with each other in good faith
Page 3 o£ 4
A06- 3 1999
during the thirty (30) day period after any notice of intent to terminate for convenience has been
given. The County reserves the right to terminate this Agreement immediately, for cause, upon
written notice to Counsel.
11.
This Agreement shall be effective upon execution by the Board and Counsel.
IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
WITNESSES:
FIXEL & MAGUIRE
(Printed witness signature)
(Printed witness signatur~
Approved as to fo~ and
legfl sufficiency:
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved by:~ ~"//~ ~
(ffeffBibby
Public Works Engineering
Department
H/F.m'lene/FixdA~ement~Pine Ridge Rmul Project
Page 4 of 4
August 3, 1999
Item #16J3 - Moved to Item %9A
Item #16J4
ACKNOWLEDGEMENT AND CONSENT TO THE MERGER OF WCI COMMUNITIES LIMITED
PARTNERSHIP INTO FLORIDA DESIGN COMMUNITIES, INC. WHOSE NAME IS
CHANGING TO WCI COMMUNITIES, INC.
Page 205
WCI
Watermark Communities Inc.
OFFICE
June 24, 1999
Collier County
County Attorney's Office
3301 East Tamiami Trail
Naples, Florida 34112
Re:
Consent to Merger of WCI Communities Limited Parmership into Florida Design
Communities
To Whom It May Concern:
This letter is to advise you that WCI Communities Limited Partnership, a Delaware limited
partnership ("WCI") is merging into Florida Design Communities, Inc., a Delaware corporation
CFDC") and the surviving entity is simultaneously changing its to WCI Communities, Inc., a
Delaware corporation CWCI Communities").
The financial strength of the surviving entity of the merger shall be equal to or greater than
that of the predecessor entities. Also, the officers and directors of the surviving entity will remain the
same as those of the predecessor entities.
Agreement dated August 13, 1996
In accordance with the l~l~fa~xRx~~~I~l[~lg~I~dt]~]~txl~l~l; by and
between Collier County and WCI Communities Limited Partnership and any other Agreements that
WCI Communities Limited Partnership might have in existence with Collier County (the
"Ag[e~ment"), please acknowledge your consent to the merger by executing below and returning a
copy to me in the enclosed self-addressed envelope.
'-: ...... '. Sincerely,
ATTEST: ., c:
'.;,, Deputy Vivien N. Hastings
, ~ ,, :,: :- Senior Vice President
Attest as
s t gnature o~1,I. ACKNOWLEDGEMENT AND CONSENT
Coll~
BY~m~ /'
Its:
24301 Walden Center Drive
Dated:
Bonita Springs, Florida 34134
AGENDA ITEM
No, / O
AUG 0 3 lggg
pg. ~---~-
· (941)-,9~7~2(>00::-~ :iocicdmmu.nities. com
August 3, 1999
Item #16J5
BOARD OF COUNTY COMMISSIONERS DECISION OF JUNE 8, 1999 TO REZONE FROM
"A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE NAPLES
RESERVE GOLF CLUB - UPHELD; COUNTY ATTORNEY,S OFFICE TO DEFEND SAME
Item #17A
RESOLUTION 99-321, RE PETITION V-99-6, WILLIAM AND THERESE HOLZINGER,
FOR A 5' VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10
FEET ON EACH SIDE FOR PROPERTY LOCATED AT 1838 SANTA BARBARA BOULEVARD
Page 206
RESOLUTION NO. 99- 321
RELATING TO PETITION NUMBER V-99-6,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
AUG 0 3 1999
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public heating after notice as in said regulations made and
provided, and has considered the advisability of a 5-foot variance from the required side yard
setback of 15 feet to 10 feet as shown on the attached plot plan, Exhibit "A", in a C-2 Zone for
the property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-6 filed by William & Therese Holzinger, with respect to the
property hereinafter described as:
Lot 9 and the south one-half of Lot 10, Block 153, Golden Gate, Unit 5, as
recorded in Plat Book 5, Pages 117 through 121, of the Public Records of
Collier County, Florida.
be and the same hereby is approved for a 5-foot variance from the required side yard setback
of 15 feet to 10 feet as shown on the attached plot plan, Exhibit "A", of the C-2 Zoning
District wherein said property is located, subject to the following conditions:
The structure shall be limited to one habitable story with a loft.
BE IT RESOLVED that this Resolution relating to Petition
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ,_~eeO day of ~ , 1999.
/~, -
Number
AUG t3 3 Jgg
V-99-6 be
ATT~E~T:
Approved~,;to Form and Legal Sufficiency:
Marjor~ M. Student
Assistant County Attomey
gtadmin/sue/V-99-6/RESOLUTION
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
P
t
EXHIBIT
August 3, 1999
Item #17B
RESOLUTION 99-322, RE PETITION CU-99-7, HOYT HOLBROOKS, REPRESENTING
THE LAKE TRAFFORD BAPTIST CHURCH, REQUESTING CONDITIONAL USE .11. OF
THE AGRICULTURE ZONING DISTRICT FOR A DAY CARE FACILITY FOR PROPERTY
LOCATED AT 1207 CARSON ROAD, IN IMMOKALEE
Page 207
RESOLUTION 99- 322
AUG
0 3 Jgg
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHILD DAY CARE CENTER CONDITIONAL USE "11"
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 31, TOWNSHIP 46 SOUTH, RANGE
29 EAST, COLLIER COIYNTY, 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 "11" of Section
2.2.2.3. in an "A" Rural Agricultural Zone for a child day care facility on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; 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 Hoyt Holbrooks representing the Lake Trafford Baptist Church with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "11" of Section 2.2.2.3. of the "A" Rural
Agricultural Zoning District for a child care facility in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
AU6
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted alter motion, second and majority vote. ~,
Done this _,~ '''~/ day of /"'9~..~o~.----- , 1999.
031999
g/admin/sue/CU-99-07 RESOLUTION
BOARD OF ZONING APPEALS
~AMELA S. MAC'KIE: Cha~x~vo~an
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
AU6 0 3
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Ac
Bo
Co
Consistency with the Land Development Code and
Growth Mana~an:No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate in~~-~ress
Affects~D~q~boring properties in relation to noise,
gla _~~, ecohom~ or odor effects:
/Q~ No affe~Qt or Affect mitigated by
~. --A'ffect ca--~-~be mitigated
D. Compatibility with adjacent properties and other
property in th~rict:
Compati~u~e ~ithin district
· ~/ NO
Based on the above findings, this conditional use should, with
stipulations~~ attached) (should not) be recommended for
approval,/~/O(Q ~/~,/~
f/FINDING OF FACT MEMBER/
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
1999
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management.~n:
Yes No
B o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/ No
C o
Affects neighboring properties in relation to noise,
economic or odor effects:
gl/.,Noar~e affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible u~e~ithin district
Yes %-~ No
Based on the above findings, t~c~itional use should, with
stipulations, (copy attached) ~shouldJnot) be recommended for
approval
f/FINDING OF FACT MEMSER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management P~.B:
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes ~-' No
C o
Affects neighboring properties in relation to noise,
glar~, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use~rS/thin district
Yes ~'No
Based on the above findings,
stipulations, (copy attached)
approval
. .
this conditional use should, with
~) be recomm~or
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
AUG 0 3 '1999
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
o
Consistency with the Land Development Code and
Growth Management Plan:
Yes _~No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes _~ No
Affects neighboring properties in relation to noise,
gla~e, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible u~ within district
Yes ~ No
Based on the above findings, this conditional use~, with
d for
stipulations, .~copy attached) e ec
approval
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
1999
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the yand Development Code and
Growth Management Fl/n:
Yes ~No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~.e~r
Adequate ingress & ess
Yes ~ No
C o
Affects neighboring properties in relation to noise,
gla~, economic or odor effects:
V No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the distr~t:
Compatible use,~ithin district
Yes ~No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)
approval
'/
DAT .: t '7
( ~~e, ~e ~o~. ~f or
f/FINDING OF FACT MEMBER/
LEGAL DESCRIPTION
(As Furnished)
AUG 0319~
LEGAL DESCRIPTION OF JOINT PARCELS
COMM,:NC. lNG AT THE EAST QUARTER CORNER OF SECTION. 31,
TOWNSHIP 46 SOUTH, RANGE 29 EAST,'COLL_IER CouNTY~ FLORID.~,
~ ~.. ...... i~., .. :.~?,.
RUN NORTH 00'55'40" WEST 800.00 FEET 'ALON. G THE:,'E~T,,',LIN~Rg~
. ~ · .~.,,~. '.
SAID SECTION; THENCE NORTH 89'06'a0;: WE'S~['~30,00: FEE~:.~O{:~HEF
.... .. · .:~.... :.' .... : ~.'?.
WEST RIGHT-OF-WAY LINE OF CARSON ~ROAD..A~D 'T~. POINT
~E~INNING; THENCE NORTH 00'55'40" '~EST 200.0~ 'FEET:
. ."' - ' -..;~
ALONG S~ID ~IGHT-O~-~Y; TH~C~ ~ORi~ 00'0~'B0" .~SY .~$~0'
' ' ' ' ' ': ~ -. '
~, TO ~ POINT: Ta~C~ SOUTH 00'~'a0' ~ST ~00.00..~T'~
. ' -' ' , ' ..~i-': . .:..-:..{c-
A POINT; .THENCE SOHTH gO'0g'l~" EAST g40.Ol ~EET T9 A ,,...~
Po~: ~a~c~ ~oa~ oo'~oa"-n~s~ ~oo. Oo ~o ~ ?oil'!:'
· a~c~ sou,a a~'oo'ao" ~s~ '~?~'.oo... ~ .. ~'~'xo ~ 'sX~D~'~m~. .. ....
RIGHT-OF-WAY LIN~ ~ND T~ po~ o~
CONTAINS 3.2 ACRES MORE OR LESS
EXHIBIT "B"
S[C110N A--A ~'CllC~ C-C
PARKING SPACES:
STORM WA~.R MANAGEMENT:
r~PROPOSED SITE IMPROVEMENTS I~
I alNAOr & TYPICAL sECTIONs
CONDITIONS OF APPROVAL
CU-99-7
AUG 0 3 '1999
The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of 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 of the Collier County Land Development Code.
The only access to the site shall be from Carson Road.
EXHIBIT "D"
August 3, 1999
Item #17C
RESOLUTION 99-323, RE PETITION V-99-09, JIM TITSCH, REPRESENTING
BERNARD AND ASHLEY FREELAND, REQUESTIN~ A VARIANCE OF 6 FEET FROM THE
REQUIRED 50 FOOT FRONT YARD SETBACK TO 44 FEET FOR THE PRINCIPAL
STRUCTURE, AN AFTER-THE-FACT VARIANCE OF 13 FEET FROM THE REQUIRED 50-
FEET FRONT YARD SETBACK TO 37 FEET FOR AN EXISTING GUEST HOUSE, AND AN
AFTER-THE-FACT VARIANCE OF 6.2 FEET FROM THE REQUIRED 30 FOOT SIDE
YARD SETBACK TO 23.8 FEET FOR AN EXISTING GUEST HOUSE, FOR PROPERTY
LOCATED AT 92 MYRTLE ROAD
Page 208
RESOLUTION NO. 99- 323
RELATING TO PETITION NUMBER V-99-09,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 6-foot variance from the required front yard
setback of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet
from the required 50-foot front yard setback to 37 feet for an existing guest house, and an
after-the-fact variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet for
an existing guest house, as shown on the attached plot plan, Exhibit "A", in an RSF-1 Zone
for the property hereinafter described, and has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-09 filed by Jim Titsch, representing Bernard and Ashley Freeland,
with respect to the property hereinafter described as:
Lot 8, Block M, Pine Ridge Extension, as recorded in Plat Book 3,
Page 51 of the Public Records of Collier County, Florida.
be and the same hereby is approved for a 6-foot variance from the required front yard setback
of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet from the
required 50-foot front yard setback to 37 feet for an existing guest house, and an after-the-fact
variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet for an existing
-1-
AUG
guest house, as shown on the attached plot plan, Exhibit "A", of the RSF-1 Zoning District
wherein said property is located, subject to the following conditions:
This variance is for the encroachments depicted in Exhibit "A".
Other encroachments shall require separate variances.
BE IT RESOLVED that this Resolution relating to Petition Number V-99-09 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
day of
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~SE/iA S MAC'KIE Cha'
g/admin/sue/V-99-09 RESOLUTION
-2-
I
I
E>' 5T!N~ 5C ~E~.~, -r~j::~ 5ETESA,C__K._ ..... ~ ............
~E~,
POOL
EXHIBIT "A"
August 3, 1999
Item #17D
RESOLUTION 99-324, RE PETITION CU-99-09, KATHERINE DINATALE,
REPRESENTING ANN PHILLIP PRE-SCHOOL, REQUESTING CONDITIONAL USE .3. OF
THE "RMF-6" ZONING DISTRICT FOR A PLAYGROUND AS AN ACCESSORY TO AN
EXISTING CHILD CARE FACILITY LOCATED AT 864 102~ AVENUE NORTH, IN
NAPLES PARK, CONSISTING OF 0.154+/- ACRES
Page 209
RESOLUTION 99- 324
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A PRESCHOOL CONDITIONAL USE "3" IN THE "RMF-
6" ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3. OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48
SOUTH, RANGE 25 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 "3" of Section
2.2.5.3. in an RMF-6 Zone for a preschool on the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; 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 Katherine DiNatale with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "3" of Section 2.2.5.3. of the RMF-6 Zoning
District for a preschool in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
This conditional use authorizes the property to be used as a fenced
playground with no additional structures.
-1-
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Boat~! O,
This Resolution adopted after motion, second and majority vote.
Done this ~ day of ~ ,1999.
"D..WIGHT E. tJR~OCK, Clerk
Assist~t Co~ty Attorney
g/admin/sue/CU-99-09 RESOLUTION
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, ~taairwoman
/
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
O 3 !99g
CU-99-09
The following facts are found:
Section 2.2.5.3.3. of the Land Development Code authorized
the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Bo
C o
Consistency with~ Land Development Code and
Growth Manag~est ~n:
~-~__---' No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ing~ress
~e~~ NO
Affects neighboring properties in relation to noise,
g~q~c or odor effects:
t o~ A~ect mitigated by
A~ect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compat~thin district
Based on the above findings, this conditional use should, with
st ipulat ions,
approval
/
....... ~ = ~" be recommended for
Vice Chairman
f/FINDING OF FACT MEMBER/CU-99-09
Exhibit "A"
1999
LEGAL DESCRIP~ON
(A~ Pl:lC~l~O ~
Th~s is a boundary survey of the follow~ng:
Lot 48, Block 72, Unit ~5, Naples Park as
recorded in Plak Book 3, Page 14 of the
Public Records of Collier Coun=¥, Florida
EXHIBIT "B"
EXHIBIT "C"
Item #17E - Continued to September 14, 1999
August 3, 1999
Item #17F
ORDINANCE 99-53, RE PETITION PUD-98-5(1), MR. BOB THINNES OF Q. GRADY
MINOR & ASSOCIATES, INC., REPRESENTING MR. WILLIAM E. TOULOUMIS,
REQUESTING AN AMENDMENT TO THE WALGREENS PUD FOR THE PURPOSES OF
ADDING DEPOSITORY INSTITUTIONS AND ALLOW OTHER USES COMPARABLE IN
NATURE TO THE LIST OF PERMITTED USES FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF AIRPORT-PULLING ROAD (CR-31) AND VANDERBILT BEACH
ROAD (CR-862)
Item #17G
RESOLUTION 99-325, RE PETITION VAC-99-012, TO VACATE A 3' WIDE PORTION
OF THE PLATTED 14' WIDE DRAINAGE EASEMENT ON LOT 4, BLOCK G,
"KENSINGTON PARK PHASE THREE-B", TO VACATE A 4' WIDE PORTION OF THE
PLATTED 7.5' WIDE DRAINAGE EASEMENT ON LOT 18 AND TO ACCEPT A 4' WIDE
DRAINAGE EASEMENT OVER A PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE
EASEMENT, "KENSINGTON PARK PHASE THREE-C"
Page 210
ATTEST: ~/~/
DWIGHT E. BROCK, Clerk
est. to
' Jgnat'ure o_nl,y, ..
Approv~ as to tom ~a ~egm
2515508 OR: 2578 PG: 3332 , cm
CLRRK TO THll BOARD R~CORDllD in the OPPICIAL HCORD~ of COLLIRR COUNTY, PL COPIH 6,00
INT~ROPFIC~ qTH PLOOR 08/06/1999 at 08:09A~ D~IGHT ~. BROCK, CL~RK
~SOL~ONNO. 99- 325 AUG - 3 1999
RESOLUTION FOR PETITION VAC 99-012 TO VACATE A 3' WIDE PORTION OF THE PLATTED 14' WIDE
DRAINAGE EASEMENT ON LOT 4, BLOCK G, "KENSINGTON PARK PHASE THREE-B", AS RECORDED IN
PLAT BOOK 28, PAGES 5 AND 6; TO VACATE A 4' WIDE PORTION OF THE PLATTED 7.5' WIDE
DRAINAGE EASEMENT ON LOT lg 'AND TO ACCEPT A 4' WIDE DRAINAGE EASEMENT OVER A
PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE EASEMENT, "KENSINGTON PARK PHASE THREE-
C", AS REcoRDED IN PLAT BOOK 30, PAGES 19 AND 20, PUBLIC RECORDS OF COLLIER COUNTY,
LOCATED IN SECTION 13, TOWNSHIP 49 sOWrH, RANGE 25 EAST.
WHEREAS, pursuant to section 177.101, Florida Statutes, MeAnly Engineering and Design, as agent for
Sheffield-Naples Limited Partnership, does hereby request the vacation of a 3' wide portion of the platted 14' wide
drainage easement on Lot 4, Block G, "Kensington Park Phase Three-B", as recorded in Plat Book 28, Pages 5 and 6;
to vacate a 4' wide portion of the platted 7.5' wide drainage easement on Lot 18 and to aeoept a 4' wide drainage
easement over a portion of LOt 19 as a replacement drainage easement, "Kensington Park Phase Three-C", as recorded
in Plat Book 30, Pages 19 and 20, Public Records of Collier County, located in Section 13, Township 49 South, Range
25 East.
WHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easements 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, that the following be and is hereby vacated:
See Exhibit "A" attached hereto and incorporated herein.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, that the 4' wide Drainage Easement, more particularly described in Exhibit "B" attached
hereto and incorporated herein, is hereby accepted as the replacement easement for the 4' Drainage Easement vacated
herein.
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of
this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the
recorded plats as referenced above.
. T~is Resolution adopted after motion, second and majority vote favoring same.
Hcidi F. Ashton
Assistant County Attorney
BOAR~ OF COUNTY COMMISSIONERS
COLL~
s.Wc, , &wo, dan -
/
BOUNDARY SKETCH (NOT A SURVEY)AUS- 3 1999
~ ~NSINGTON HIGH STREET PH~ mRZ[-C · . PH~
E~bit "A"
ghea I of 2
mE S~mERLY 5 ~ET ~ ~E N~ERLY 14 ~ET ~
LOT 4, BL~ G, KEN~NGT~ PARK PHA~ ~REE-B TRACT "GC~"
occ~ding to the plot recorded in .Plot Book 28, Poges 5 ~ 6
of the Public Rec~da of Collier County, Fl~Ido GOLF COURSE. L.M.E.
4'x 6' A.E. & D.E.
~ GRAND
, N~'47=W / CATCH 8A~N .....
L.2.' ~STORM
' ~ ~ O.E.(E~ST.)
3.0' O.E. TO BE VACA~D ~ ~ ~ O.E,(PR~.)
o
~T 5 ~T 4 ~ ~T 3 ~T 2 o
B~CK G B~CK G :~~' B~CK G B~CK G
(VAC~T) (VAC~T) ~ (VAC~) [ (HOUSE)
'
KENSINGTON HIGH STREET s,~OC~m~s~
CAT BA*N ~ DETAIL
~E,S~e~o. ,,RK E.~M~NT McANLY ENGINEERING
EASEMENT AODIT~. AND DESIGN INC.
EN~N[E~G. ~NING. L~D
K~S~QT~ PA~ PHASE ~EE'B AN0 L~O~AP[
5435 P~K C[NTR~ C~RT
LOT 4, BLOCK Q N~ES. ;Lm~DA
SC~E: I'=50'ID~.:R.H ICHK.:W.a. IDA~: 4/15/99 (941) 593-3299 FAX (94{) ~3-329e
NO. RE~SI~S O~ DATE
05/t8/99-15: 28:50 KEN~LL_~J~L4BG.dw~ C~I~T. 1999 BY Mc~LY [N~NE[RING ~O ~. INC. ~ RI~TS RE~ol PRO. CT: 901205.C
Ii II
,, ,,_.] /~' ,,,,
II ! II ~1 Il
I~221 I~0 19,,,,1817 16 15 14 13 12 11 10 9 8 7 6 4,, 3 1
IIII Il
,, ,, BIX] CKG "lEED[[TAIL ,,
KENSINGTON HIGH STREET PHASE THREE-C · . PHASE 'rHREE-B
I
BOUNDARY SKETCH (NOT A SURVEY) AUG- 3 leS9
II II
22 21 2 ~ 19""] "
(] ,.18 i? 16 1,5 14 13 12 11 10 9 8 ? 6 ,5 4. 3 I~ 1
I
,, - Ill:CK G .
~ ,, ,, - $1 !E )Eq AIL ,,
KENSINGTON HIGH STREET PHASE ll-IREE-C ,,, PHASE THREE-B ....
',!
LgGAL Dta~tCRIPTION: STORM
THE NORTHERLY 4 FEET OF THE SOUTHERLY 7.5 FEET OF/-M.H.
LOT 18, KENSINGTON PARK PHASE THREE-C occording
to the plot recorded in Plot Book 30, Pogea 19 ac 20
of the Public Records of Collier COunty, Florldo
TRACT "GC2"
GOLF COURSE, L.M.E.
A.E. & D.E.
GATE VALVES
IN NOO'Og'47"W
Exhibit "A"
Sheet 2 of 2
VAC 99-012
. ~__. ~, 15...._' D.E.(EXIST.)
~ -i/'"4'O'OFO'E' TOBE VFAT?ATED
· ~ ~ ~AREA -~ 480.00 SQ. .
4.0' ADDE_~.D ~--- ~ a
/ ~T 18 ~T 17
(VACANT) (VAC~T) ~ ~~
r ~ M (VACANT) _ (VACANT)
TRACT "A" (60' R.O.W.) s00'09'47'£ (A.E./C.U.E./N.U.E.
I-:1 ~-2' v.o.
KENSINGTON
HIGH
t CURB INLET ~,, E.O.p. ~r~,~
CATCH BASIN
STREET~OR.c~ % ·
SOO~)9'47'E Id.H.- CURB IN~T ~
CATCH BA~N
DETAIL
SCALE:: 1"-, 30'
~ENsIN(tTON PARK DEVELOPMENT Il MoANLY ENGINEERING
,,11 'iii ii i' '
K AHO L~aOSCA.OC
ENSIN~TON PARK PHASE THREE-C II [] I·
.4,~-e ,a II 5435 PARK CENIRAL COJ~l
· -'." 'o, [] .Ae~s. ~^ 3,1o, ~ I · I · I
SCALE:
4/15/99
,~,05/14/g9-1~: 15.16. KEN\Lt._ADJ\L~88G dw. g mlIICOPy~IGHT' lggg BY McANLY~ £NQN££RSNC A~O 0£SI4~1, iNC: ALL RIGHTS RIr ,S~:RV£nll PROdEc'r: gOI205C
/D.E.)
SH[E:T: I Of' 1
Prepared by:
Treiser, Kobza & Lieberfarb, Chtd.
4001 Tamiami Trail N., Suite 330
Naples, FL 34103
AUG- 3 1999
Preparedby:
Treiser, Kobza & Lieberfarb, Chtfl.
4001 Tamiami Trail N., Suite 330
Naples, FL 34103
Sh~ lot3
VAC 99-012
THIS EASEMENT granted this ~)rkday of June, 1999 by SHEFFIELD- NAPLES
LIMITED PARTNERSHIP, a Florida Limited Partnership (hereina~er referred to "Cwantof'), to
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TI-I~
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, i~s
successors and assigns, without responsibility for maintenance and KENSINTON PARK
MASTER ASSOCiATION INC. its successors and assigns, with responsibility for maintenanc~
(hereinaflerreferred to collectively as Grantee ")
WITNESSETH:
That Grantor, for and in consideration of flae sum of Ten ($10.00) Dollars and other good
and valuable cor~ideration paid by the County, receipt of which is hereby acknowledged, does
hereby grant unto the Grantee's a perpetual, non-exclusive easement, license, and privilege to enter
upon and to maintain Drainage facilities above and below ground on the property described as:
That certain 4' Drainage easement, a~ more particularly described on Exhibit "A"
attached hereto, prepared by MCANLY ENGINEERING AND DESIGN INC.
dated April 15, 1999 being a part of Lot 19, Kensingwn Park; Phase Three-C,
recorded in Plat Book 30, at pages 19 and 20 inclusive, of the Public Records of
Collier County, Florida.
TO HAVE AND TO HOLD thc same unto said grantee's and their successors and assign,
together with thc right to enter upon said land and excavate and take materials from same and
construct and mainta~ thereon drainage facilities. Grantor and Grantee arc used for singular or
plural, as the conte~ requires.
[Remainder of this page intentionally left blank]
Page 1 of 2 of Drainage Easement
AU6- 3 1999
£x~Mt "~"
Sh~ 2of3
VAC 99-012
IN WITNESS WHE~OF, The Grantor has caused These presents to be executed the date
and year first above written.
Signed, Sealed and Delivered
in the Presence of:
Wimess #1 Signature _
9c ald 9.
~.ia~ss t~ l'p~7~d Name
~X~css ~ Signal.
Wimess ~2 PHmcd N~e
SHEFFIELD-NAPLES LIMITED PARTNERSHIP,
a Florida Limited Partnership
By:
Its:
SHEFFIELD-NAPLES OP, L.C.,
a Florida Limited Liability Company
Gcneral Panner
By: HEARTHSTONE, INC.,
.,, ..a C~ifomia Corporation
Its: ~
~JR.,
cc Prcsidcm
STATE OF )
COUNTY OF )
MY COMMISSION t CC 825379
EXPIRES: July 17, 2003
Thc foregoing instrument was acknowledged before me this -3 C) day of June, 1999, by
James K. Griffin, Jr. as Senior Vice President of Hearthstone, Inc., a California Corporation, the
Manager of Sheffield-Naples GP, L.C., a Florida Limited Liability Company, General Parmer of
Sheffiel~d-_Naples Limited Partnership, a Florida Limited Partnership, on behalf of the partnership,
.f~who is personall?n_ own~o me or who has produced as identification.
Printed Name of Notary
Page 2 of 2 of Drainage Easement
BOUNDARY SKETCH (NOT A SURVEY) AUG- 3 ~999
IIN L
. : BIZ CK G
,, ~ SE-'E3£'1 'AiL
KENSINGTON HIGH STREET PHA~ ~REE-C . PHA~ ~REE-B
I,BGAL D~tCRIPTION: STORM
THE ~OUTHERLY 4 FEET C~ THE NORTHERLY 11.5 FEET Of ;-M.H.
LOT 19, KENSINGTON PARK PHASE THREE-C occo~ding
to the plot recorded in Plot Book 30, Pages 19 & 20
of the Public Records of Collier County, FIoHdo
. Exhibit "B'
· ~Dd 3of 3
VAC 99-012
TRACT
KENSINGTON
TRACT "GC2"
GOLF' COURSE. L.M.E.
A.E. &: D.E.
-- VALVES
NOO'Og'47"W IN PIPE ....
~ 4.00'
EXHIBIT "A"
4.00' ~-
'A' (60' R.O.W.) soo'og',~7'E (A.E./C.U.E./N.U.E./D.~.)
/~2' V.G.
nL ". '."'
HIGH STREET CATC. BASIN
S00'09'lT'E--M.H.- CURB INLET DETAIL
CATCH BASIN SC, N/: 1'= 3o:
~ MoANLY ENGINEERING
EASEMENT REL~%ATION
II
K~TON PA~ PHASE T~ II ~ ,--~ ~c~ I I I ~%
I ~ ~ lB 543~ P~ ~NTR&L C~RT ~ B B m~ BI I I
05/1~9g~28 KE~LL_~J~L198Cdwq C~l. t999 BY Uc~v C~NiCmNG ~0 ~, iC. a e~ ~R~D
, JUN-28-1999 16:41
Preparedby:
Trciser, Kobza & Lieberfarb, Chtd.
4001 Tamiaxni TraiiN., Suite 330
Naples, FL 34103
AU6- 3 1999
251.5199 OR: 2578 ?G: 3292
RSCORDRD in OBICIAL RR¢ORDS Of COLLIBR COU~?~, ~L
08/06/1999 at 08:07AM DWIGHT B, BROCK, CLNRK
RBC ~SS 15.00
DOC-JO .70
COPIB$ 3,00
Retn:
CLBRK TO ~Hl BOARD
IN?BRONICB 4~H FLOOR
BXT 7240
Preparedby:
Trciscr, Kobza & Licberfarb, Chtd.
4001 Tamiami Trail N., Suite 330
Naples, FL 34103
Exhibit "B"
Sheet I of 3
VAC 99-012
THIS EASEMENT granted this .~)fl" day of June, 1999 by SHEFFIELD- NAPLES
LIMITED PARTNERSI-HP, a Florida Limited Partnership (hereinafter referred to "Grantor"), to
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors and assigns, without responsibility for maintenance and KENSINTON PARK
MASTER ASSOCIATION INC. its successors and assigns, with responsibility for maintenance
(hereinafterreferred to collectively as Grantee ")
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good
and valuable consideration paid by the County, receipt of which is hereby acknowledged, does
hereby grant unto the Grantee's a perpetual, non-cxclusivc easement, license, and privilcge to enter
upon and to maintsin Drainage facilities above and below ground on the property described as:
That certain 4' Drainage easement, as more particularly described on Exhibi! "A"
attached hereto, prepared by MCANLY ENGINEERING AND DESIGN INC.
dated April 15, 1999 being a part of Lot 19, Kensington Park,-Phase Three-C,
recorded in Plat Book 30, at pages 19 and 20 inclusive, of thc Public Records of
Collier County, Florida.
TO HAVE AND TO HOLD thc same unto said grantee's and their successors and assign,
together with thc right to enter upon said land and excavate and take materials from same and
construct and maintain thereon drainage facilities. Grantor and Grantee arc used for singular or
plural, as thc context requires.
[Remainder of this page intendonally left blank]
Paso I of 2 of Drgnage Easement
JUN-28-1999 16:42
P.03
AU0- 3 1999
Exhibit "B"
Shell 2 of 3
VAC 99-012
IN WITNESS VV~tEREOF, the Grantor has caused these presents to be executed the date
and yea~ first above written.
Signed, Sealed and Delivered
in the Presence of:
Witness itl Signature
19o ai d 19 eVo .
Wjm~ss ~ 1 'P,~/~'d Name
~r~aless #2 Signature.
Witness #2 Printed Name
SHEFFIELD-NAPLES LIMITED PARTNERSHIP,
a Florida Limited Partnership
By:
Its:
SHEFFIELD-NAPLES OP, L.C.,
a Florida Limited Liability Company
Oencral Partner
By: HEARTHSTONE, INC.,
~al'ffomia Corporation
Its: ~
13),' _
~JR.,
c¢ President
STATE OF )
COUNTY OF )
Thc foregoing instnm~ent was acknowledged before me this ~ O day of June, 1999, by
James K. Oriffin, Jr, as Senior Vice Presidem of Hearthstone, Inc., a California Corporation, the
Manager of Sheffield-Naples GP, L.C., a Florida Limited Liability Company, General Partner of
Naples Limi!e.d Partnership, a Florida Limited Partnership, on behalf of the partn~ship,
sonally known)o mc or who has produced as identification.
Printed Name of Notary
Page 2 of 2 of Drainage Basement
BOUNDARY SKETCH (NOT A SURVEY) uG- 3 1999
LEGAl, DImCRZPTION: STORM
~IE SOU]HERLY 4 FEET OF THE NORTHERLY 11.5 FEET OF/-M.H,
LOT 19. KENSINGTON PARK PHASE THREE-C occording
to the plot recorded in Plot Book 30, Poges 19 dc 20
of the Public Records of Collier County. Florido
Exhibit "B"
Sheet 3 of 3
VAC 994)12
TRACT
KENSINGTON
TRACT "GC2"
GOLF' COURSE. L.M.E.
A.E. & O.E.
-- VALVES __ ~
N00'09'47'W IN PIPE "'"
, 4.00'
EXHIBIT "A"
4.00'
"A" (60' R.O.W.) soo'o~',7'E (A.E./C.U.E./N.U.E,/D.~.)
/,,-2' V.O.
HIGH STREET CATCH BASIN
S00"09'47'E M.H.- CURB INLET DETAIL
CATCH sc~a.g: 1'= ~o'
KENSINGTON PARK DEVELOPMENT
EASEMENT RELOCATION
KENSINGTON PARK PHASE THREE-C
LOT ~.
st,.c: ,'-~o'1o~.:,... Ic~.:'w.,. Io^~: ,/,~I,,
05/t 4/99-i8: 20:28 K£N\LL_AOJ\L198, C. dw9 ,
McANLY ENGINEERING
AND DESIGN lNG.
ENOINCERIN~:. PLANNING. LAND ~URV~ING
N~S. FL~A 341~
[~T, 1999 B~ Uc~Y [~NE[~NC ~0 ~. ~C. ~ ~ ~R~O~
NO. I RCVtS~N$
PROJCCT: 90t 205.0
August 3, 1999
Item #17H
RESOLUTION 99-326, RE PETITION V-99-15, SAMI SAADEH REQUESTING A 5
FOOT VARIANCE FROM THE REQUIRED 5 FOOT REAR YARD SETBACK ESTABLISHED
FOR ACCESSORY STRUCTURES TO 0 FEET TO ACCOMMODATE A POOL AND SCREEN
ENCLOSURE FOR A PROPERTY LOCATED ON NAPA RIDGE WAY, IN THE NAPA RIDGE
SUBDIVISION UNIT II IN THE VINEYARDS PUD
Page 211
AUG
RESOLUTION NO. 99- 326
RELATING TO PETITION NUMBER V-99-15,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 5-foot variance from the required rear yard
setback of 5 feet to 0 feet established for accessory structures as shown on the attached plot
plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 2.7.5 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-15 filed by Sami Saadeh, representing himself, with respect to the
property hereinafter described as:
Lot 12, Napa Ridge Unit Two Replat, as recorded in Plat Book 21,
Pages 55 through 56, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 5-foot variance from the required rear yard setback
of 5 feet to 0 feet established for accessory structures as shown on the attached plot plan,
Exhibit "A", of the PUD Zoning District wherein said property is located
BE IT RESOLVED that this Resolution relating to Petition Number V-99-15 be
recorded in the minutes of this Board.
~UG ~ 3 ~
This Resolution adopted after motion, second and majority vote.
day of
Done this
,1999.
/
BOARD OF ZONING APPEALS
~ELA S. MAC'KIE, Chairwol~an
/
g/admin/petition/V-99-15/RESOLUTION
-2-
A
BOUNDARY
SURVEY
~UG 0 ~ 1~9
· o' R. 0. W. (C.U.E.)
NAPA RIDGE WAY ~o~ P'~
N34'08",2."1~' ~ ,aO.~'
2' V.O.-/'
LOT 4
THE VINEYARDS d LOT 12
TRACT "F"
F.I.P.~
JUN 2 1 1999
99- i5 : '
F.I.P.
~5013
TRACT G-C
THE VINEYARDS
LOT 13
EXHIBIT "A"
NOTES:
ADDRESS: NAPA RIDGE WAY
ALi DIMENSIONS ARE PLAT AND FIELD MEASURED UNLESS OTHERWISE NOTED
ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G.V.D.
FIRM. PANEL No. 120067 0425 D (6/3/86) INDICATES THAT THE PROPERTY IS IN ZONE "X", c~,, - s[v~ ~ ~T
BEARINGS ARE BASED ON THE CENTERUNE OF NAPA RIDGE WAY = N 34'08'42' W. -STC~ S~ C^TC, m,~s,.
NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. 'Th -u'~uw pov~ ,~
THERE ARE NO ENCROACHMENTS EITHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN. Q,,.~ .£.a^t~_m s^c~
ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. s,~u.,: P(~INT
August 3, 1999
Item #17I
RESOLUTION 99-327 RE PETITION V-99-11, JOHN SISSMAN REQUESTING A 27
FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD
SETBACK TO 3 FEET ON THE SOUTH SIDE OF AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 425 COCOHATCHEE BOULEVARD
Page 212
RESOLUTION NO. 99- 327
RELATING TO PETITION NUMBER V-99-11,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
0 3 1999
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 27-foot after-the-fact variance from the
required side yard setback of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A",
in an 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 2.7.5 of the Zoning Regulations
of said Land Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-11 filed by John Sissman, representing himself, with respect to the
property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 27-foot variance from the required side yard setback
of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A", of the Estates Zoning
District wherein said property is located, subject to the following conditions:
This variance is for the existing residence as shown on the Plot
Plan and shall not apply to any expansions, additions or
rebuildings.
BE IT RESOLVED that this Resolution relating to Petition Number V-99-11 be
recorded in the minutes of this Board.
t999
This Resolution adopted after motion, second and majority vote.
Done this ,~ ,nd day of /~.t..eJx~ ,1999.
,. ~
'Mai'jori~ M. Student ' '
Assistant County Attorney
BOARD OF ZONING APPEALS
gtadmin/sue/V-99-11/RESOLUTION
-2-
~ ~1 ~ - , DESCRii~TiON
//1~1 ~ ',' L~"~' I
.. ,~ , ,17' __._! - Z
,ii 'billI~ :. c- .
~1~ ~!-1 I~ ..... I~
'/ ]'~ I~. }' '~. I
/ILl I~ ' ~." ~.. ~
' ~ ' ,I
'Ii iltll I PAR~[ lB ~. '" ....
~ THIS IS NOT[ ~.A SURLY
/ .. · ~1 rr,~t ,~. ~~[ ' I
· I ~.." ~1 · ~.~x I
...... 4~.~ .... --,fi ..............
~ ,,b""",';'"'.?.,',,, - -
~~r ,~ Ar c~ & ~s~ PLa. ~ ~rs ~~. · s~c~
SEC~ 22
LEGAL DESCRIPTION
Commencing at the Northeast corner of Southeast %, west 990 feet to POB,
South 150 feet, west 427.19 feet, North 5 degree West 150.78 feet, East 441.41
feet to POB. In Section 22, Range 25 east, Township 48 South, Collier County,
Florida. ' -
EXHIBIT "B"
August 3, 1999
Item #17J
RESOLUTION 99-328 ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED
REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE AND ALSO PROVIDING FOR A SCHEDULE
OF FEES FOR FIRE PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE
INDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE DISTRICTS;
SUPERSEDING RESOLUTION 95-642 AND RESOLUTION 96-594
Page 213
RESOLUTION NO. 99- 328
AUG 3
A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT
RELATED REVIEW AND PROCESSING FEES AS PROViDED FOR IN
DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
AND ALSO PROVIDING FOR A SCHEDULE OF FEES FOR FIRE
PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE
INDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE
DISTRICTS; SUPERSEDING RESOLUTION NO. 95-642 AND RESOLUTION
96-594.
WHEREAS, the Collier County Land Development Code, Section 1.10.1
provides that the Board of County Commissioners shall establish and adopt by resolution
a schedule of fees and charges for application and document processing, public meetings,
public hearings, other meetings and hearings, transcripts, approvals, denials, development
permits, development orders, development, construction, interpretations, enforcement
inspection services, sale of documents, review, resubmission and any other zoning or
development related service and any other services provided or costs incurred by the
County; and
WHEREAS, the Board of County Commissioners approved Resolution 95-642
establishing a fee schedule of development related review and processing fees on
November 14, 1995; and which Resolution was subsequently amended by Resolution 96-
594 on December 17, 1996; and
WHEREAS, the Board of County Commissioners directed staff to adopt a new
fee resolution to reflect the Board's adopted development review and building permit fee
waiver policies and procedures; and
WHEREAS, many operations within Community Development and
Environmental Services Division are funded by user fee revenues; and,
WHEREAS, the new, decreased or increased fees for certain petition types,
including engineering inspections, temporary use permits for special events requiring
Board approval and petitions to change street names, are reflective of the actual-cost of
processing and reviewing such petitions; and
WHEREAS, the establishment of a fee for data conversion from Darter
electronic format will allow the Division of Community Developmenl /~?t~/-
Services to better organize, store and access files and improve informa ] ~7 J
O?-~ ?' ~ '~-"
1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby declares that the fees set forth in
the Schedule of Development Review and Building Permit Fees, attached hereto, and
incorporated by reference herein as Exhibits "A" and "B" are fair and reasonable sums to
be assessed to those who receive the benefits of these services, reviews and inspections
required by the Land Development Code and the County Permitting process.
BE IT FURTHER RESOLVED that this ReSolution relating to fees in the Land
Development Code be recorded in the minutes of this Board and that Resolution
numbered 95-642 and amendatory Resolution number 96-594 are hereby superseded by
the adoption of this Resolution.
This Resolution adopted after motion, second and majority vote.
Done th~ay of ~ 1999
. UG 0 3
COUNTY
ATTEs~r:v.~: ~:-:~
'-i~0vight'-l~i Brock, Cler'k' ' '
Attest as to
Approvea a~to form and. legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Assistant County Attorney
B)
Exhibit "A'
Schedule of Development Review and Building Permit Fees
ADMINISTRATION
Board of Adjustment Appeals
Appeal Filing
Interpretations
Official Interpretation Request of Land
Development Code or Growth Management Plan
Interpretation request
during review process
Determination of Vested Rights
Appeal of Vested Rights Determination
Amendment to Land Development Code
Appeal from an Administrative Decision
BLASTING PERMITS & INSPECTIONS
30 day permit fee, non-refundable payable
upon application
$ 250.00
$100.00
$25.00
$ 50.00
(plus the County's
out-of-pocket expenses
associated with hearing
officer and hearings)
$ 50.00
$1,200.00
$200.00
(non-refundable)
$85.00
Page 1 of 20
Exhibit "A"
AUG
90 day permit fee, non-refundable payable
upon application
Yearly permit fee, non-refundable payable
upon application
Renewal permit fee, non-refundable payable
upon application
After-the-fact fee, due to blasting without
the benefit of permit
Fine fee, per detonated shot with
after-the-fact permit
Handler fee, for handler who assists the user
or blaster in the use of explosives
In addition to the blasting permit application fees, the following
inspection fees shall be paid upon issuance of a blasting permit.
Blasting Inspection Fee:
Trench Blasting:
$200.00
$500.00
$100.00
$2,500.00
$100.00
$25.00
$275.00
per acre
$50.00
perlinearfoot
Quarry Blasting: The fee for quarry blasting shall be an annual fee based on
the estimated number of blasts per year at $75.00 each. (This number may
be adjusted based on the actual number of blasts occurring within a given
year.)
C) ENVIRONMENTAL/LANDSCAPING
Agricultural Clearing Permit
First acre or fraction of an acre
$85.00
$43.00
($250.00maximum)
$350.00
Each additional acre or fraction of an acre
Environmental Impact Statement (EIS)
Page 2 of 20
Exhibit "A" ~lJG O, 3 ~
Landscape Re-inspection
1st
2nd
Every inspection after 2nd
Special Treatment Review (ST)
First five acres or less
Each additional acre (or fraction
thereof):
Coastal Construction Control Line Variance
CCSL Permit
Dune Walkover
Dune Restoration
Variance Petition
Sea Turtle Permit
Sea Turtle Handling Permits
Sea Turtle Nesting Area Construction Permit
Sea Turtle Nest Relocation
Vegetation Removal Permit
First acre or fraction of an acre
Each additional acre or fraction of an acre
Vehicle on the Beach Permit Permit Application
$85.00
$43.00
$51.00
$64.00
$9.00 ($850.00
maximum)
$150.00
$100.00
$1,000.00
$25.00
$200.00
$100.00
$85.00
$43.00
($900.OOmaximum)
$250.00*
* Permit fee shall be waived for public and non-profit
organizations engaging in bona fide environmental activities
for scientific, conservation or educational purposes.
Page 3 of 20
D)
Exhibit "A"
E)
After-the-fact Environmental or Landscape Permits
CCSL Variance Petition
All other Environmental or Landscape
Permits & Inspections
EXCAVATION PERMITS
Annual Renewal
Application (Private)
Application (Commercial)
Application (Development)
Permit for private and development excavations
(Upon approval of application, fee not to exceed $3,000.00):
1) 0-2000 cubic yards excavated material
2) Each additional 1,000 cubic yards excavated material
3) Over-excavation penalty per cubic yards
Reapplication
Road Impact Analysis
Time Extension
After-the-fact Excavation Permit
RIGHT-OF-WAY PERMITS
Right of Way Construction Permit* (Right-of-way permits
issued in conjunction with an approved subdivision shall not
require payment of right-of-way construction permit fee.)
Right of Way Construction Permit Renewal
Reinspection fees:
AUG
2x normal fee
4x normal fee.
$85.00
$85.00
$850.00
$125.00
$64.00
$3.OO
$1.00
$64.00
$125.00
$ 43.00
4x normal fee
$125.00
$43.00
Page 4 of 20
Exhibit "A"
D 3
1 st $43.00
2nd $51.00
Each inspection after 2nd $64.00
Jack-and-bore $170.00
Open-cut construction
$235.00
PSC regulated or County Franchised Utilities
$85.00
Sprinkler Head Placement in County R.O.W.
$25.00
Turn-lane/median construction
ROW construction permit fee
plus applicable Inspection fee
After-the Fact permits
4 times
normal fee (Max. $1,000)
*NOTE: In addition to the right-of-way permit application fee, the applicant shall
pay a $50.00 per day inspection fee based on the number of work days as
determined by the engineer or agent of record. Right-of-way permits limited to the
authorization of driveway connections shall be exempt from the inspection fee.
SITE DEVELOPMENT PLANS
Site Development Plan Review (SDP)
$425.00
plus $9.00 per DFLI plus
$21.00 per residential
building structure; and
$425.00 plus $.01 per
square foot plus
$21.00 per building for
non-residential.
Utility Plan Review & Inspection Fees
Construction Document Review
0.50%
of probable water
and/or sewer
construction costs
Construction Inspection
1.50%
Page 5 of 20
Exhibit "A"
Construction Document Resubmission or
Document Modification
Site Development Plans - 3rd and subsequent
additional reviews
of probable water
and/or sewer
construction 9. osts
Submit as
insubstantial change
($85.00)
$175.00
Site Development Plan Amendment
Site Development Plan Insubstantial Change
Site Development Plan Time Extension
Site Development Plan Conceptual Review
Additional review of construction plans for phased
construction of Site Development/Improvement Plan
improvements.
Site Improvement Plan Review (SIP)
Violation of the conditions of approval of the SDP/SIP or
installation of improvements, clearing, or other land alteration
not depicted on, or otherwise authorized as a part of the approved
SDP/SIP.
$215.00
$85.00
$85.00
$215.00
$215.00 per
phase
$215.00
4 x the SIP/SDP
application fee.
G)
SUBDIVISION
Lot Line Adjustment
Subdivision Review Fees
Construction Document Review
$125.00
0.42%
of probable cost of
construction.
Page 6 of 20
Exhibit "A"
Construction Document Resubmission
or Document Modification -
Submit as Insubstantial Change
Subdivisions - 3rd and subsequent additional
reviews and substantial deviations from approved
construction documents
Subdivision Inspection Fee
Subdivision, Preliminary Plat (PSP)
Petition Application
Administrative Amendment
Final Plat
Additional review of construction plans for phased
construction of subdivision improvements.
$85.00
$425.00
1.3%
of probable cost of
construction for const.
inspection.
$425.00
plus $4.00 per acre for
residential; $425.00 plus
$9.00 per acre for
non-residential; (mixed
use is residential)
$215.00
$425.00
plus $4.00 per acre for
residential; $425.00 plus
$9.00 per acre for
nonresidential; (mixed
use is residential)
$425.00 per
phase
Two-year Extension
Water and Sewer Facilities
Construction Document Review
$85.00
0.50%
of probable water and/or
sewer construction costs
Page 7 of 20
Exhibit "A"
Construction Document Resubmission or
Document Modification
0.25 %
of probable ~ater
and/or sewer
construction costs
Construction Inspection
Violation of the conditions of approval of approved
construction plans or installation of improvements,
clearing, or other land alteration not depicted on, or
otherwise authorized as a part of the approved
construction plans or permit.
1.50%
of probable water
and/or sewer
construction costs
Four times the
PSP or Final
Plat Review
Fee.
I)
TEMPORARY USE PERMITS
Temporary Use Permit Sales
Model Homes and Sales Centers
Construction and Development
Garage and Yard Sale Permit
Temporary Use Amendment,
Renewal or Extension
Temporary Use Permit for ~ Special Events requiring
BCC approval, including Circus I and Carnival Permits
Political Signs (Bulk Temporary Permit)
WELL PERMITS/INSPECTIONS*
$75.00
$75.00
$75.00
$o.oo
$75.00
Twice the fee for
renewals or extensions
requested after the
expiration date.
$250.00
$5.00
Page 8 of 20
Exhibit "A"
Hydraulic elevator shaft permit
Test hole permit (including 1 st six holes)
- each additional hole
Well permit (abandonment)
Well permit (construction or repair)
Well permit (monitoring)
Well Permit (modification of monitor or test well
to a production well)
*NOTE:
$128.00
$43.00
$5.00
$13.00
$64.00
$43.00
$21.00
Multiple wells may be allowed on one permit, but each well must be
accounted for and the appropriate fee shall be charged for each well in
accordance with the above listed schedule.
Well Reinspections
First Reinspection
Second Reinspection
Third Reinspection
After-the-fact well permits
$43.00
$51.00
$64.OO
3x normal
~eperviol~ion.
ZONING/LAND USE PETITIONS
Alcoholic Beverage or Service Station
Separation Requirement Waiver
Boat Dock Extension Petition
Conditional Use Petition
($50.00 when filed with Rezone Petition)
Conditional Use Extension
DRI Review (In addition to cost of rezone)
$425.00
$425.00
$700.00
$175.00
$2,500.00
Page 9 of 20
Exhibit "A"
DRI DO Amendment
Flood Variance Petition
Interim Agriculture Use Petition
Non-Conforming Use Change/Alteration
Off-Site and Shared Parking Amendment
PUD Amendments (PDAs)
Minor
Major
*Minor & Major:
*Property owner notifications:
*Note:
Plus $25/acre
$1,300.00
$425.~0
$350.00
$425.00
$425.00
$1,300.00'
$2,125.00'
$1.00
non-ce~ifiedm~l
$3.00
ce~ifiedretumreceiptm~l
Petitioner to pay this amount after receipt of invoice from Planning
Services Department. Petition will not be advertised until payment is
received.
Planned Unit Development Amendment (Insubstantial)
Rezone Petition (Regular)
Rezone Petition (to PUD)
Street Name Change
Variance Petition
$637.50
$1,800.00
Plus$25/acre
$2,500.00
Plus$25/acre
$200.00
Plus $1.00 for each
property owner requiring
notification of proposed
street name change.
$425.00
Page 10 of 20
Exhibit "A"
Variance (Administrative)
Zoning Certificate:
Residential:
Commercial:
After-the-Fact Zoning/Land Use Petitions
$200.00
$15.00
$45.00
2xthe norm~
petition
3
L)
MISCELLANEOUS
Data Conversion Fee (to cover the cost of converting
graphic and narrative information into electronic format)
$25.00 per
site plan or
land use petition
$15.00 per
amendment (PUD,
site plan, etc.)
Official Zoning Atlas Map Sheet
$.50
Publications, maps,
reports and photocopies
per sheet As set forth
in Resolution 98-498,
as amended.
Requests for zoning/land use verification
$25.00 per
parcel.
Research: The fee for researching records, ordinances, and codes that are no longer
current shall be $40.00 per hour with a one-half hour minimum charge. The fee for
creating and designing special computer generated reports that are not a part of the regular
standard reports shall be $25.00 per hour with a oneohalf hour minimum charge
M) BUILDING PERMIT APPLICATION FEE
A permit application fee shall be collected at the time of applying for a building permit.
The permit application fee shall be collected when the plans are submitted for review.
The fee shall be applied toward the total permit fee. The applicant shall forfeit the
application fee if the application is denied or if the application is approved and the permit
Page 11 of 20
Exhibit "A' ~00
is not issued within the time limitation as stated in Section 103.6.1.1 of the Colli.er County
Ordinance No. 91-56, as amended. :
The application fee will be computed as follows:
Single family and duplex*
Multi-Family & Commercial*
-$.05 per sq. ft. with minimum of $100.00
- $.05 per sq. ft. up to 10,000 sq. ft.
- $.025 for square footage over 10,000 sq. ft.
* The maximum application fee shall NOT exceed $5,000.00.
Minimum fee of $36.00 for each of the following: plumbing; mechanical (A/C);
electrical; fire; and building, when applying for additions/alterations.
Minimum fee for all other applications = $36.00.
The balance of the total permit fee will be collected at the time of issuance of the permit
and will include any fee adjustments necessary.
N)
BUILDING PERMIT FEES
The fee for a building permit shall be computed as follows:
Such fees shall be either based on the contractor's valuations of construction cost or based
on calculated cost of construction as set forth on the attached Building Valuation Data
Table, whichever is greater.
1)
Valuation of construction costs of less than $750.00 - No permit or fee is required,
but construction must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the
appropriate fees shall be paid.
EXCEPTION: All work involving structural components and/or fire rated
assemblies requires permits and inspections regardless of construction cost; signs
must secure permits as stated in Collier County Ordinance No. 91-102, as
amended.
2) Valuation of construction costs of $750.00 through $4,999.99 - A fee of $36.00.
Page 12 of 20
Exhibit "A"
AU6 0 3 999
o)
3)
4)
Valuation of construction costs of $5,000.00 through $49,999.99 - A fee of $17.00
plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess
of $2,000.00. ~-
Valuation of construction costs of $50,000.00 through $1,000,000.00 - A fee of
$333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation
in excess of $50,000.00.
5)
Valuation of construction costs over $1,000,000.00 - A fee of $3,474.00 plus
$3.00 per thousand dollars, or fraction thereof, of building valuation in excess of
$1,000,000.00.
ELECTRICAL PERMIT FEES
The fees for electrical permits for new structures or placement or relocation of structures
shall be computed as follows:
1) $0.40 per ampere rating of all single-phase panelboards.
2)
$0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above
does not apply.
3)
When not a complete installation, all switch and circuit breakers ahead of panel
boards shall be computed at $0.15 per ampere.
4)
Permit fees for any change in electrical installation shall be computed at the above
rates for that portion of new and/or increased fees in existing electrical facilities.
5) The minimum for any electrical permit shall be $36.00 per unit or tenant space.
6)
Fifty percent (50%) in additional fee costs shall be added to all above fees for
three phase installations.
EXCEPTION: Ordinary repairs limited to a $200 value or less may be made
without a permit. Repairs must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the
appropriate fees shall be paid.
PLUMBING PERMIT FEES
The following fee calculations shall be applied separately when the permit involves mixed
occupancies.
Page 13 of 20
1)
2)
3)
4)
5)
6)
Exhibit "A"
AU$ 0 3 1999
Residential occupancies: The fee for a plumbing permit shall be computed at the
rate of $36.00 to be charged for each living unit with one to three bathrooms. An
additional fee of $10.00 will be assessed for each additional bathroonl'
Nonresidential occupancies: The fee for a plumbing permit shall be computed by
the following methods, whichever is calculated to be the greatest fee:
a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or
b)
Institutional facilities, hospitals, schools, restaurants and repairs in any
occupancy classification shall be charged at the rate of $1.00 per fixture
unit; or
c) Minimum of $36.00 for each occupancy or tenant space.
Grease traps: An additional fee of $36.00 shall be assessed for each grease trap.
The cost for retrofit piping shall be computed at the minimum fee of $36.00 per
floor for each main riser.
The cost of a permit for lawn sprinkler systems shall be computed using the dollar
valuation as shown under Section M of this Resolution.
The minimum plumbing permit fee shall be $36.00.
Q)
MECHANICAL PERMIT FEES
The following fee calculations shall be applied separately when the permit involves mixed
occupancies.
1)
2)
Residential occupancies: The mechanical permit fees shall be computed at the rate
of $36.00 for each living unit up to three tons of air conditioning. Each additional
ton or part thereof shall be $3.00 per ton.
Nonresidential occupancies: The mechanical permit fees shall be computed by one
of the following methods, whichever is calculated to be the greatest fee:
The rate of $36.00 for the first three tons or three horsepower of air
conditioning or other mechanical systems per tenant space, each additional
ton of air conditioning or horsepower shall be $3.00; or
b) The rate of $3.00 per 425 square feet of floor area, or fraction thereof.
Page 14 of 20
R)
S)
T)
3)
4)
Exhibit "A"
A permit for the change out of components shall be calculated at the above
mechanical permit fee rate or the minimum fee whichever is greater.
The cost of retrofit piping shall be computed at the minimum fee of $36.00 per
floor for each cooling tower, or $36.00 for the first 3 horsepower and $3.00 for
each additional horsepower, whichever is greater.
0 3 1999
5) The minimum mechanical permit fee shall be $36.00.
FIRE PREVENTION AND CONTROL PERMIT FEES
The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this
Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention
and Control Permits for both the independent and dependent fire districts.
MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT F]gES
l)
The permit fee shall be $37.00 to set-up a single-wide trailer or mobile home on an
approved site plus electrical, plumbing, mechanical and fire protection fees as
applicable.
2)
The permit fee shall be $57.00 to set-up a double wide or larger mobile homes on
an approved site plus electrical, plumbing, mechanical and fire protection fees as
applicable.
CHIC, KEES AND SIMILAR STRUCTURES
The permit fee will be based upon a calculated cost of construction of $4.00 per square
foot under roof or the contractor's estimated cost of construction, whichever is greater.
The fee will then be calculated in accordance with Section B of this Resolution.
Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when
applicable.
POOL OR SPA PERMIT FEES
1) The fee shall be $79.00 for construction of each public pool or spa.
The fee shall be $53.00 for construction of each private pool or spa.
SCREEN ENCLOSURE PERMIT & PAN ROOF FEES
Construction costs shall be calculated as follows:
1) Screen Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only)
Page 15 of 20
2)
3)
Exhibit "A"
Pan Roof --- $3.00 per sq. ft. of floor area. (Screen Walls Only)
Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only)
The screen enclosure or roof fee will then be calculated in accordance with
Section A of this Resolution.
AUG
1999
SIGN PERMIT FEES
Sign permit fees will be calculated in accordance with both:
1)
2)
Section lq) Building Permit Fees and
Section O) Electrical Permit Fees (if applicable)
The minimum sign permit fee shall be $36.00.
NOTE: Multiple signs of the same type (i.e., wall signs) and signs for a single project
may be combined on one permit, however an appropriate fee shall be charged for each
sign in accordance with the schedule set forth in Paragraph W above.
CONVENIENCE PERMIT FEES
Convenience permits are issued in blocks of 10 each. Only licensed contractors are
eligible to purchase Convenience permits. Convenience permits are limited to the use
specified on the permit.
The fee for a book of 10 Convenience Permits is $300.00.
REVISION AND AS BUILT PLAN REVIEW FEES
1) PERMIT AND PLAN REVISIONS
The fee for each permit revision submitted after permit issuance shall be
calculated using fee schedules outlined in Sections B through G above.
The minimum permit fee for revisions to permitted projects shall be $36.00.
2) AS BUILT PLANS
The fee for "As Built" plan review shall be ten (10) percent of the original building
permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee
is intended to cover the cost of reviewing amended building plans in the office to
determine that change orders and various field changes are in compliance with the
minimum construction and fire codes of Collier County.
Page 16 of 20
AA)
nB)
cc)
oo)
EE)
3)
Exhibit "A"
The following are required for As-Built drawings review:
a) An itemized list of all changes made after permit plan approval.
b) As-Built plans that have all changes made after permit plan approval
"clouded".
c) As-Built plans and changes shall be signed and sealed by the engineer
and/or architect of record.
PERMITS REQUIRED
Permits will be required to make corrections to any deficiencies found.
This fee shall be paid prior to plan review.
PERMIT EXTENSION
The filing fee for each permit extension shall be equal to 10% of the original building
permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee
is intended to cover the cost of reviewing existing or amended building plans to determine
and verify code compliance.
DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES
The permit fee shall be $36.00 for the demolition of any building or structure.
PRE-MOVING INSPECTION FEES
The fee shall be $150.00 for the Pre-Moving inspection of any building or structure.
INSPECTION FEES
A charge of $20.00 per inspection shall be assessed for inspections for which a permit is
not necessary.
A user fee of $40.00 per inspection shall be assessed for inspections requested after
normal working hours or on a time-specified basis.
REINSPECTION FEES
1999
Page 17 of 20
Fl*)
GG)
II)
Exhibit "A"
Reinspections for any type of building permit shall result in an additional fee of $25.00
per inspection for the first reinspection, $40.00 for the second reinspection and $50.00 for
the third and each successive reinspection.
FAILURE TO OBTAIN A PERMIT
Where work for which a permit is required is started or proceeded with prior to obtaining
said permit, the fees herein specified shall be four times the regular fee not to exceed
$1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit
when one is required having a cost greater than $250.00 shall be two times the regular
mount. The payment of such fee shall not relieve any person from fully complying with
the requirements of any applicable construction code or ordinance in the execution of the
work, or from any penalty prescribed within any construction code, law or ordinance of
Collier County.
LICENSING
The fees for licensing items are as follows:
Letters of Reciprocity
$3.00
Contractors Change of Status
$10.00
Voluntary Registration of State Certified Contractors
$10.00
Pictures $2.00
Laminating $1.00
(per license)
DUPLICATE PERMIT CARDS
The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason.
CHANGE OF CONTRACTOR OR SUBCONTRACTORS
To record a change of contractor or subcontractor, on a permit that has been issued, the
fee shall be $36.00; this fee includes the issuance of a new permit card.
PERMIT FEE REFUNDS
If requested, in writing by the owner or his authorized agent, 50% of the fees charged,
other than the application fee, may be refunded-provided that a permit has been issued,
Page 18 of 20
LL)
MlVl)
00)
Exhibit "A"
construction has not commenced, and the refund is applied for prior to the cancellatio~[~l~ 0 3 ~]~
the permit.
RECORD RETRIEVAL
The fee for retrieving records from inactive or remote storage including microfilmed
documents shall be a minimum of $15.00 or $3.75 per file whichever is greater.
The fee for blueprint and miscellaneous copying shall be as follows:
Microfilm copies, standard documents $2.00 each.
Microfilm copies, of plan $5.00 each.
Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for
reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per
page for 36 X 48.
The fee for researching records, ordinances, and codes that are no longer current shall be
$40.00 per hour with a one-half hour minimum charge.
The fee for creating and designing special computer generated reports that are not a part
of the regular standard reports shall be $25.00 per hour with a one-half hour minimum
charge.
SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year.
The subscription year is from Oct. 1 through Sept. 30.
ELECTRONIC DATA CONVERSION SURCHARGE
A surcharge in the amount of 3% of the building permit application fee, with the
minimum surcharge being $3.00 and the maximum being $150.00, will be applied to
every building permit application submitted. A flat fee of $3.00 per permit will be
charged for those permits for which an application fee is not required per Paragraph M of
this schedule.
Page 19 of 20
Exhibit "A"
PP) REGISTRATION OF RENTAL DWELLINGS
The fee for registration of rental dwellings is as follows:
1)
Initial Registration Fee - $15.00
2)
Annual Renewal - $10.00
QQ) Fee Waiver Procedures
Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver
requests for development review and building permit fees shall be submitted in writing directly to the
appropriate Community Development & Environmental Services Division Staff, who will prepare an
executive summary for consideration by the Board.
Such requests shall include a statement indicating the reason for the fee waiver request and, if
applicable, the nature of the organization requesting the fee waiver.
The Board may consider allowing fee waivers for Temporary Use Permits for special events and for
right-of-way permits to place temporary signs within the ROW for recurring events, subject to the
following criteria:
Fee waivers for recurring events within any 12-month period. The Board may grant a single fee
waiver to cover multiple recurring events within any 12-month period provided the number of
events during that 12-month period does not exceed 12 and that no more than one event is
scheduled in any 30 day period.
b)
Fee waivers for recurring annual and semi-annual events. The Board may grant a single fee
waiver to cover multiple recurring events within any 3-year period provided the total number of
events does not exceed 6 and that no more than 2 events are scheduled within any 12 month
period.
c)
Lirllitafions on fee waivers for recurring events. Requests for waivers of fees for recurring
events shall specify the number of events and approximate date or expected occurrences of
such events. Events exceeding the number or time-fi.ames approved by the Board shall require
the submission of a new request for fee waiver.
Revised August 1999.
Page 20 of 20
EXHIBIT B
Schedule of Fire Prevention & Control Fees
AIJ~
FIRE PREVENTION & CONTROL PERMIT FEES
The following fees shall be assessed on all applications for building permit:
Fire Code Compliance Plan Review Fees*
1)
The fee for fire plan review shall be 15% of the Collier County building
(structural portion) permit fee.
2)
The fee for fire plan review of fire sprinkler and fire alarm systems shall
be $0.001 per square foot of gross floor area.
3)
The fee for fire plan review of Site Development Plans (SDPs) shall be
$25.00
4)
The permit application fee for fire plan review shall be 15% of the Collier
County building permit application fee or $25.00, whichever is greater.
5)
The fee for fire plan review of as-built drawings shall be 15% of the
general Collier County permit fee for as-built reviews provided for by
county resolution.
6) The minimum fire plan review fee shall be $25.00
Fire Code Compliance Inspection Fees*
l)
For valuation of construction costs less than $1,000,000.00 - a fee of
$0.015 per square foot of gross floor area.
2)
For valuation of construction costs of $1,000,000.00 or greater- a fee of
$0.020 per square foot of gross floor area.
3)
For Fire Sprinkler Systems, the fee shall be $0.005 per square foot of gross
floor area.
4)
For Fire Alarm Systems, the fee shall be $0.005 per square foot of gross
floor area.
5)
6)
7)
8)
9)
10)
11)
12)
For Exhaust Hoods, $40.00 shall be assessed per hood.
For Hood Suppression Systems/Spray Extinguishing Systems, the fee shall
be $6.25 per sprinkler or spray head.
For Fire Pumps, the fee shall be $120.00 per pump.
For Underground Private Fire Service Water Mains, the fee shall be
$80.00 per building/system served.
For Fire Standpipe Systems, the fee shall be $80.00 per system.
For Drafting Hydrant and Alternative Water Supply Systems the fee shall
be $120.00 per installation.
For Street Name changes, the fee shall be $120.00 per change.
For Flammable or Combustible Liquid Tanks - The permit fee for each
flammable or combustible liquid tank or tank system shall be calculated at
$49.00 for the first 2,000 gallons of gross water capacity of the tank and an
additional $20.00 for each additional 5,000 gallons of gross water capacity
of the tank or fraction thereof.
13)
For Liquefied Petroleum Gas Tanks or Systems - The permit fee for each
L.P tank or tank system shall be calculated at $49.00 for the first 2,000
gallons of gross water capacity of the tank and an additional $20.00 for
each additional 5,000 gallons of gross water capacity of the tank or
fraction thereof.
14)
15)
16)
The minimum gas permit fee shall be $49.00
The minimum fire code compliance inspection permit fee shall be $40.00.
RE1NSPECTION FEE - Reinspections of any type shall result in an
additional fee of $25.00 per unit inspection for the first reinspection,
$40.00 for the second reinspection, and $50.00 for the third and each
successive reinspeetion.
Gross Floor Area is defined as that total area of the structure(s) under roof.
EXCEPTIONS:
1)
Structural permits for detached one and two family dwellings~ are exempt
from fire prevention permit fees.
2)
Permits that do not present a fire protection concern, i.e., swimming pools,
concrete decks, radio transmission towers, etc., are exempt from fire
prevention permit fees. The Office of the Fire Code Official shall make
this determination.
3)'
Fire st~mdpipe systems, when part of a combination system with fire
sprinklers, do not require either a separate permit or permit fee.
*Note: Fire Districts may have additional fees, duly adopted by their local board of fire
commissioners, for other various services such as open burning permits, fireworks
displays, etc.. Please refer to the appropriate resolution of the fire district.
August 1999
August 3, 1999
Item #17K - Continued to September 14, 1999
Item #17L
ORDINANCE 99-54, AMENDING ORDINANCE 97-10, REGARDING VESSEL SPEED
CONTROL AND WATER SAFETY, TO ADD A NEW BODY OF WATER KNOWN AS HELL,S
GATE AS AN IDLE SPEED ZONE
Item #17M
ORDINANCE 99-55, AMENDING SCRIVENER,S ERROR IN ORDINANCE 99-35, WHICH
AMENDED ORDINANCE 98-37, "THE COLLIER COUNTY RECLAIMED WATER SYSTEM
ORDINANCE"
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:30 pm.
ATTEST:-. ~.
D~IGHT E. BROCK, CLERK
~.,~,./~These; minute's a~roved by the
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF !,
SPECIAL DISTRICTS UNDER ITS CONTROL
Board on
corrected
as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC.
BY TERRI LEWIS, RPR, KELLEY BLECHA, RPR, AND ROSE M. WITT, RPR
Page 214