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BCC Minutes 09/28/1999 R
September 28, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 28, 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: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter ALSO PRESENT: Mike McNees, Assistant County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, September 28, 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. I Septcmbcr 28. 1999 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. o INVOCATION - Miss Gail Schultz, Teacher from Unit)' of Naples Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of October 1 - 7, 1999 as United Way of Collier County Campaign Kick-Off Week. To be accepted by Mr. Ernie Bretzmann, Executive Director and Ms. Shannon Anderson, Campaign Development Director, United Way of Collier CounD' 2) Proclamation proclaiming that Sugden Community Park be recognized by the Board of Commissioners and the Florida Chapter of the American Society of Landscape Architects. To be accepted by Mr. Joe Delate, Project Manager, Parks and Recreation Department and Mr. William E. Flynn, construction Management Supervisor, Public Works Engineering Department 3) Proclamation proclaiming the week of October 3-9, 1999 as Mental Illness Awareness Week. To be accepted by Ms. Kath~'n Leib Hunter, Executive Director, NAM! of Collier County 4) Proclamation proclaiming the week of October 3-9, 199 as National 4-H Week. To be accepted by Ms. Brooke Haas, Vice President, and Mr. Andrew Glazier, Treasurer, 4-H County Council s) Proclamation proclaiming the week of October 4-11, 1999 as The Friends of the Florida Panther Refuge Poster Week. To be accepted by Mr. Bob Baker, President, The Friends of the Florida Panther and Mr. Jim Kirkowski, Manager, Panther Refuge B. SERVICE AWARDS 1) Judi Bodine, Public Serwices Administration - 15 Years 2 September 28. 1999 2) Joseph Delate, Parks and Recreation - 10 Years 3) John Lucrezi, Water- 10 Years 4) Robert Mulhere, Planning Ser~'ices - 10 Years 5) Kevin Rogan, Sr., Road and Bridge - 10 Years 6) Earl Sackett, Road and Bridge- 10 Years 7) Daniel Sappah, Road and Bridge- 5 Years 8) Paul Passaretti, EMS-5 Years C. PRESENTATIONS 1) Recommendation to recognize Danielle Chard, Principal Information Technology Professional, Information Technolo~' Department, as Employee of the Month for September 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Mr. John P. White requesting an easement over County-owned parcel. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) C-99-6, Naples Italian American Club requesting a permit to conduct a carnival (Festa ltaliana) on November 4,5,6 and 7, 1999 at 7035 Airport Road North. 2) Request by Bob Townsend of Mayflower Congregational Church of Christ for a waiver of a Temporary Use permit fee for special events signs. 3) A report to the Board on the Housing Element of the Collier County Growth Management Plan. B. PUBLIC WORKS 3 September 28. 1999 13 Staff Report on Disposal Capacity at the Naples Landfill and Incinerator Option for Collier Count)'. 2) Presentation of the Camp Dresser & McKee, Inc. Survey on Host Community Compensation Mechanisms and their Applicability to Collier County Landfill Operations. 3) Approve Payments to Waste Management, Inc. for Operating Cost Increases at the Naples Landfill. 4) Presentation of the Traffic Analysis for Santa Barbara Boulevard Corridor Study (Project # 60091) (CIE # 32) 5) Interim Report on Reclaimed Irrigation Water Resource Planning Issues and Peak Season Irrigation Demand. C. PUBLIC SERVICES D. SUPPORT SERVICES l) Adopt a Resolution Authorizing the Acquisition by Gift, Purchase or Condemnation of Road Right-of-Way, Sidewalk, Slope, Utility, Drainage, Maintenance and Temporary Driveway Restoration Interests by Easement and/or Fee Simple Title Interests for Pine Ridge Road between Airport- Pulling Road (C.R. 313 and Logan Boulevard, CIE No. 41. E. COUNTY ADMINISTRATOR 13 Adoption of a Count)' Legislative Agenda. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Recommendation for Board selection of outside counsel for County in lawsuit entitled Dwight E. Brocl~ v. Robinson & Cole, L.L.P. and Collier Count),, Florida, Case No. 99-2910-CA, Report of solicitation process to obtain outside counsel to assist Board and oversight committees in Growth Management Plan proceedings / selection of counsel. Recommendation to authorize staff to submit a proposal for settlement in the case of George Smith & Cheryl Smith vs. Better Roads, Inc. & Collier CounO', Case No. 96-2625-CA, pending in the Twentieth Judicial Circuit Court, Collier Count)', Florida. 4 September 28. 1999 De Recommendation to accept a settlement proposal in the case of State Farm Mutual Automobile Insurance Company, a/s/o Michael McCrea vs. Collier County Board of Cou,ty Commissioners, Case No. 97-2219-CA-01- THB, Pending in the Twentieth Judicial Circuit Court, Collier Count)', Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. B. Appointment of Commissioner to serve on the Board of the Florida Coalition of Coastal Communities, Inc. C. Discussion relating to the C-4 District maximum height allowance. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition R-99-7, Terrence L. Kepple, P.E., of Kepple Engineering, Inc. representing William Minnielli, requesting a rezone from "A" to "RSF-4" for 157 single family dwelling units for property located west of San Marcos Boulevard, in Section 31, Township 49 South, range 26 East, Collier Count).,, Florida, consisting of 39.36 +/- acres. C. OTHER 1) Approve the Rate Resolution to Adjust Landfill Tipping Fees, Residential Annual Assessments and Commercial Waste Collection Fees. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 5 September 28, 1999 1) CU-99-18 Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Robert Keenan, requesting Conditional Use "24" of the "A' zoning district for a dog kennel on less than 20 acres of land, in Section 36, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1.3 +/- acres. 2) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A. representing Gulf Coast Building Association, requesting approval of off-site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serxe the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier CounD', Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an interim policy for commercial lake excavations located in Golden Gate Estates. 2) Recommendation to approve Commercial Excavation Permit No. 59.691, "Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range 26 East: Bounded on the north by the Golden Gate Canal (Golden Gate CID'), on the south by !-75, on the east by land zoned agriculture, and on the west by Golden Gate Communit3' Park and Berkshire Lakes PUD. 3) Approve an Agreement with the Economic .Development Council of Collier County., Inc. (EDC) to execute continuation of the Economic Diversification Program; and provide a contribution to the EDC of up to $250,000 for Fiscal Year 1999-2000. 6 September 28. 1999 4) Request to approve for recording the final plat of"Isla Del Sol", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance securit)'. 5) Approve budget amendment recognizing grant revenues from the Commission for Transportation Disadvantaged. B. PUBLIC WORKS l) Resolution to Appoint and Authorize the Public Works Administrator, the Transportation Director, the Stormwater Management Director, and the Public Works Engineering Director to Execute Grant, and Permit Applications and other Documents Pertaining to Construction of Public Works Improvement Projects. 2) Approval of a Lease Agreement be~'een Collier CounD' and the CiD' of Naples Airport Authority concerning the Solid Waste Transfer Site. 3) Award Contract to Construct Master Pump Station 1.02, Bid 99-2967, Project 73924. 4) Recommendation to Award Bid #99-2970 - "Chemicals For Utilities" for Fiscal Year 99/00. 5) Approve Work Order No. JEN-FT-99-1 with Jenkins & Charland, Inc., and Work Order No. PHA-FT-99-3 with Pitman-Hartenstein & Associates, Inc., for the Design of the Proposed Palm River Boulevard Bridge Replacement & UtiliW Relocation, Project No. 69133. 6) Award a Construction Contract to Better Roads, Inc. for Construction of Intersection~Improvements at Immokalee Road and Wilson Boulevard, Collier Count), Project # 66065A; Bid # 99-2983. 7) Approve Tourist Development Catego~, "A" Funding Applications. 8) Approve Deferral of the Design and Installation of Traffic Signal and Roadway Intersection Improvements at the Intersection of Vanderbilt Drive at 111 th Avenue/Bluebill Avenue. 9) Approve a Change Order to the Professional Services Agreement for Traffic Engineering Consultant Services in the Amount of $15,165 for Implementation of Coordinated Signal Timing Plans for Airport-Pulling Road and Pine Ridge Road. 10) Award Bid No. 99-2974 "Traffic Sign Materials" to Municipal Supply and Sign Company. 7 September 28. 1999 11) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendr' Correctional Institution, for Continued usc of Inmate Labor in Road Maintenance Activities. 12) Award Annual Bid # 99-2973, "Traffic Signal Components," to US Traffic (dba Intersection Development Corp.), Traffic Parts, Inc., Traffic Products, inc., and Utilize the Florida State Contract for Purchase of Traffic Signal- Related Equipment. C. PUBLIC SERVICES 1) Approval of an agreement to terminate lease between Collier County and Collier Health Services, Inc. 2) Approve a budget amendment for the increase in Medicaid Waiver revenue collected and related program costs. 3) Grant an easement to Florida Power & Light Company upon real properD' owned by Collier Count).,, to service the Collier Count)' Agricultural Fair and Exposition, Inc. (Collier County Fair Board). 4) Approve a Resolution amending Collier Count)' Parks and Recreation Facilities and Outdoor Areas License and Fee Policy, repealing and superseding Collier Count)' Resolution No. 98-389. 5) Approve a lease agreement with Southwest Florida Workforcc Development Board, Inc. for use of the band building located at the lmmokalee Sports Complex. 6) Award of Bid 99-2938 "Portable Toilet Rentals". 7) Award of Bid 99-2965 "On-Call Electrical Services for Parks and Recreation". 8) Approve the F.R.D.A.P. Grant Agreement for Sugden Regional Park. 9) Enter into an agreement with the Collier CounD, School Board for recreational camp field trip transportation. 10) Authorize the Chail~'oman to execute the annual contract between Collier Count)' and the State of Florida Department of health for operation of the Collier Count)' Health Department, upon review by the Count3~ Attorney's office. D. SUPPORT SERVICES 1) Approval of a resolution authorizing expenditure of funds for the United Wa)' Campaign. 8 September 28. 1999 2) Approval of an Agreement with Insurance and Risk Management Sen'ices, Inc. for Propert3' and Casualt3, Insurance Brokerage Sen'ices. 3) Approval to Renew the Propert3' & Casualt3' Insurance Program. E. COUNTY ADMINISTRATOR Fo 1) Budget Amendment Report - Budget Amendment #99-442, #99-450 and #99- 449. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 99- 01740MMA, 98-01445MMA, 99-00356MMA, 99-00666MMA, 96- 06758MMA, 98-00928MMA, 99-00592MMA, 99-00651MMA, 99- 01385MMA, 98-07867MMA, 98-06765MMA, and 98-09455MMA 2) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of Count3' Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept grants when awarded and approve applicable budget amendments. 2) Recommend that the Board of Count3' Commissioners endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. 3) Recommendation that the Board of Count).' Commissioners adopt a Resolution amending the legal descriptions in those precincts recommended by the Supervisor of Elections. 4) Recommendation that the Board of Coun~ Commissioners adopt a Resolution for sole source acquisition of ballot tabulation sofmare which is certified in Florida as being Y2K compliant. s) Recommendation that the Board of CounD' Commissioners serve as the local coordinating unit of Government, endorse the Collier County. Sheriff's Office State of Florida, Department of Transportation, Highway Safety Funds Grant Application, and upon award, accept the grant and approve applicable budget amendments for the Sheriff's Office Immokalee D.U.I. Enforcement Project. 9 September 28. 1999 6) Approval of a lease agreement with William F. Hiniker and Carole Ann Hiniker for use by the Sheriff's Office Public Information Office. J. COUNTY ATTORNEY 1) Agreement and Budget for partial funding of Legal Aid Society. K. AIRPORT AUTHORITY 1) To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. 17. 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 WRITIEN 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 IHE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. To adopt a resolution approving amendments to the Fiscal Year 1998-99 Adopted Budget. B. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND FURTHER CONTINUED TO OCTOBER 12, 1999 BCC MEETING. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, 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 accesso~ and incidental facilities including a club house, 50,000 square feet of C-3 commercial uses and/or a hotel on proper~ located between U.S. 41 on the east and Vanderbilt 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 Count)', Florida consisting of 267.44 + acres PUD-99-17, George L. Varnadoe, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., rePresenting Hamilton Harbor, Inc., requesting a rezone from "PUD" (Sabel Bay) to "PUD" Planned Unit Development to be known as Hamilton Harbor PUD, in accordance with an Interlocal Governmental Agreement between the Cit)~ of Naples and Collier Count)', for a marina located in South Naples Bay, adjacent to Bayview Park, of which 21 +/- acres 10 September 28. 1999 De are located within the Collier County jurisdiction, in Sections 22,23, and 27, Township 50 South, Range 25 East. CU-99-14, Terrance L. Kepple, of Kepple Engineering, Inc., representing Anthony Ross, requesting Conditional Use "4"of the "C-5""zoning district for child serxices for propert)' located on Radio Road, approximately 300 feet east of Airport Road, in Section 35, Township 49 South, Range east, Collier Count)', Florida, consisting of 0.66 +/- acres. Petition ¥-99-12, William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., requesting an after-the-fact variance of 6.2 feet from the required setback of 15 feet to 8.8 feet for property located at 2013 CR 951, further described as Block 75, Golden Gate Unit 2, in Section 22, Township 49 South, Range 26 East, Collier Count).', Florida. DOA-99-02, Karen K. Bishop of PMS, Inc. of Naples, representing Dewey R. Gargiulo and Michael Procacci, Trustees, and Ronto Development Group, requesting an amendment to the Parklands Development of Regional Impact (DRI), Development Order 85-4, as amended for the purpose of extending the date by which time substantial development was to have begun from March 11, 2000 to March 11, 2003, for property located in Section 9, Township 48 South, Range 26 East, Collier Count)', Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. I1 September 28. 1999 September 28, 1999 Item #3 REGUAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call to order the meeting of the Board of County Commissioners for Tuesday, September 28th, 1999. We're pleased to have Ms. Gail Schultz, who's a teacher from Unity of Naples Church, to offer our invocation this morning. If you'll stand and then we'll have the pledge of allegiance after. MS. SCHULTZ: Let us pray. Lord, we thank you for blessing the Collier County Board of Commissioners, and acknowledge your presence here today, acting in and through each one of us, filling us with your infinite wisdom and divine guidance. We give thanks for the roles of responsibility you have provided each member of this governing body and all others here to conduct the affairs of Collier County. We ask that you lead each person here in making wise decisions, and to create harmony and a oneness of purpose in all our endeavors, today and in the days to come. Help us all to remember that we are here to serve in the highest and best ways possible the community needs of all our citizens. We are grateful for the opportunities for growth that we share, and move forward, eagerly anticipating the good that awaits the county of Collier. Thank you, God. Amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Thank you, Ms. Schultz. Appreciate your being here. ***Do we have changes to the agenda? MR. McNEES: Yes, we do. Good morning, Madam Chairwoman, Commissioners. CHAIRWOMAN MAC'KIE: Excuse me, shh. Thank you. MR. McNEES: We have a handful of changes this morning. First we have three additions to your agenda; two of those are to accept money, so we'll try to get those on. CHAIRWOMAN MAC'KIE: That's -- we'll do those. MR. McNEES: To we're adding a presentation under Item 5(C) (2), the Parks and Recs Department. We are adding, under your portion of the agenda, Item 10(D), which is an evaluation of the Immokalee Road six-laning improvement design. That's Commissioner Mac'Kie's request. That will become Item 10(D). For item under other constitutional officers, Item ii(A), which is acceptance of an Article V trust fund grant on behalf of the court administrator. There has been a request by Commissioner Constantine that Item 16(K) (1) be removed from the consent agenda to become Item S (F) (1) . CHAIRWOMAN MAC'KIE: Mr. McNees, since we share an assistant, she -- Chris has given me a note from him. He's on his way, and his intention was to ask that that item be continued for two weeks. Page 2 September 28, 1999 Is there any objection, board members? I've just learned that Mr. Drury's out of town, so I'm more comfortable with that. COMMISSIONER NORRIS: Okay, yeah. MR. McNEES: Very good. So that's Item 16(K) (1) from the consent agenda will be continued till October 12th. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: Thank you. MR. McNEES: Two more continuances. Item 13(A) (1), which is Petition No. 99 -- conditional use 99-18, has been requested by the petitioner to be continued. Unless there's objection from the board, I would call to the attention, there's a member of the public registered to speak on that item and that is being continued, and you might not want to sit here all day waiting for it, because it won't be until two weeks. CHAIRWOMAN MAC'KIE: So whoever's -- this is the dog kennel item. COMMISSIONER BERRY: Yes. That item has been continued, okay, so we will not be hearing it today. CHAIRWOMAN MAC'KIE: Might as well go to work. MR. McNEES: The last continuance is Item 16(A) (2), is a commercial excavation permit, also on your consent agenda. That's been requested by staff to be continued indefinitely. There has been no date set for that one. CHAIRWOMAN MAC'KIE: Okay. Mr. Weigel, changes? MR. WEIGEL: None, thank you. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Nothing today. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: No changes. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: No changes. CHAIRWOMAN MAC'KIE: And Commissioner Constantine reports that he would like to have -- I don't want to be his stand-in today, but that's 16(I) (6) he wanted to move to the regular agenda. Where would that go? MR. McNEES: Well -- CHAIRWOMAN MAC'KIE: We don't have 8(I). MR. McNEES: As soon as I find out what that is -- CHAIRWOMAN MAC'KIE: not even here. COMMISSIONER CARTER: Hinkier. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: The man can slow the meeting down and he's Approval lease agreement with William Yeah, lease agreement. A lease agreement. MR. McNEES: 16(I) (6). COMMISSIONER BERRY: It's for use by the Sheriff's Office. MR. McNEES: We'll put that then under the other constitutional officers, will become Item ii(B). COMMISSIONER BERRY: Ii(B)? CHAIRWOMAN MAC'KIE: ll(B) (1) -- actually, Il(A), ll(A) (1) . Page 3 September 28, 1999 COMMISSIONER NORRIS: 16(I) (1)? MR. McNEES: We've already added ii(A), so we're adding this as ii(B). CHAIRWOMAN MAC'KIE: I'm sorry, yeah, ll(A) (2) wiii be 16(1) (6). And he also wanted to move 16(B) (9). MR. McNEES: 16(B) (9). CHAIRWOMAN MAC'KIE: From now on, if he's not here, he can't move them. COMMISSIONER BERRY: That's right. COMMISSIONER NORRIS: 8(B) (6), I would assume. CHAIRWOMAN MAC'KIE: That would be 8(B) (6), Mr. McNees, 16(B) (9)? MR. McNEES: Yes, ma'am. That will become 8(B)(6). And just for clarification, the prior item has become ll(A) (2). CHAIRWOMAN MAC'KIE: Yes. Okay, can I get a motion on the agenda? COMMISSIONER NORRIS: I'll move that we approve the consent agenda, regular agenda and summary agenda with changes as noted. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Is there a second? Second it. Ail in favor, please say aye. That passes unanimously. If members of the public are here with regard to any of those items on -- numbered 16 something or 13 something -- COMMISSIONER NORRIS: Or 17 something. CHAIRWOMAN MAC'KIE: I'm sorry, 16 something or 17 something, you can go, because your items have been approved. So you don't have to -- we have people every week who end up sitting here all day for those items. So 16 and 17 are approved, unless they were pulled. Page 4 September 28, 1999 Item #5A2 PROCLAMATION DESIGNATING THAT SUGDEN COMMUNITY PARK BE RECOGNIZED BY THE BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA CHAPTER OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS - ADOPTED We don't have minutes, but we do have some proclamations. We'll go to you first, Commissioner Norris, if you would, on the Sugden Park. COMMISSIONER NORRIS: All right. Thank you very much, Madam Chairwoman. Let's see. Is Delate here? Oh, there you are. And William E. Flynn? If you two would come up here and face the camera for a moment, I'll read this proclamation for you. (Commissioner Constantine enters board room.) COMMISSIONER NORRIS: Proclamation reads: WHEREAS, in June of 1998, the Collier County Board of County Commissioners opened Sugden Community Park to offer recreational facilities and programs for residents and visitors to Collier County; and WHEREAS, the park is 120 acres in size and has a 60-acre lake with a beach, playground, amphitheater and restroom facilities; and WHEREAS, in July, 1999, Collier County Board of County Commissioners and Department of Parks and Recreation received an award of honorable mention for landscape design for Sugden Regional Park; and WHEREAS, this award from the Florida Chapter of the American Society of Landscape Architects recognizes the parks landscaping as one of the best for projects from the entire State of Florida; and WHEREAS, the Sugden project was a collaborative design effort by Karen Bishop, PMS; Stan Chrzanowski, Planning Department; Joe Delate, Project Manager; George Fogg, IBIS; Dayna Fendrick and Dan Novakovich of Wilson-Million, and Collier County Parks and Recreation; and WHEREAS, residents and visitors to Collier County are encouraged to visit Sugden Community Park to see and enjoy this award-winning park facility. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that Sugden Community Park is recognized by the Board of County Commissioners and the Florida Chapter of the American Society of Landscape Architects for the quality of its landscape and site design. DONE AND ORDERED THIS 28th day of September, 1999 by the Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. And Madam Chairwoman, CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) I'll move that we accept this proclamation. Is there a second? Second it. All in favor, please say aye. Page 5 September 28, 1999 CHAIRWOMAN MAC'KIE: That passes unanimously. (Applause.) MR. DELATE: Thank you, commissioners. I'm Joe Delate from Collier County Parks and Recreation. At this time if I could quickly introduce the participants that were involved in this excellent project. We have -- if these people would come forward, we'd appreciate it. Dan Novakovich from Wilson-Miller. George Fogg from IBIS. Dayna Fendrick from Wilson-Miller. Karen Bishop from PMS is here. And our Parks and Recreation staff, if they would just want to stand up over there. Their involvement is instrumental in this project. And we have Bill Flynn, who's also behind me. This was some teamwork here. A lot of this project was done pro bono, the design of it, and it came out to be one of the most excellent projects in Florida. We received a design award for this. And we appreciate everyone's involvement, including you, the County Commissioners, who have funded this excellent project. CHAIRWOMAN MAC'KIE: And especially these people who did the design and those especially who did it for free, we're really indebted to you. That's a community service. (Applause.) CHAIRWOMAN MAC'KIE: Hopefully I'm not the only one who noticed George Fogg getting a particular award being made a Fellow in ASLA, which is just a real honor. We're proud to be associated with him. Page 6 PROCLAMATION WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, in June of 1998, the Collier County Board o! County Commissioners opened Sugden Community Park to offer recreational [acilities and programs [or residents and visitors to Collier County; and, the park is 120 acres in size and has a 60 acre lake with a beach, playground, amphitheater, and rest room [acilities; and, in July, f 999, Collier County Board o[ County Commissioners and Department o[ Parks and Recreation received an Award o[ Honorable Mention [or landscape design [or Sugden Regional Park; and, this award [rom the Florida Chapter o[ The American Society o[ Landscape Architects recognizes the Park's landscaping as one oj: the best/or projects/rom the entire State o[ Florida; and, the Sugden proj~C~,!::~ii:~:i,i~!a~O~q~ive design effort by Karen Bisho , Joe Fendrick and Dan Nova~ NOW it DONE AND and .~!:~:?':' "~ ~ .:~ vi~:~i~?t°:.ilC~ifi~~: : :--COU n ":~":'~:i:: Comml and pe Archi~ and Recreation; to visit winning park is recognized Chapter o[ quality o[ its COMMISSIONERS JNTY, FLORIDA ~ ~ September 28, 1999 Item #5A1 PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 1-7, 1999 AS UNITED WAY OF COLLIER COUNTY CAMPAIGN KICK-OFF WEEK - ADOPTED Commissioner Constantine has a proclamation. COMMISSIONER CONSTANTINE: Thank you. My apologies for being tardy this morning. We have three folks who are here to receive this proclamation. We have Ernie Bretzmann, who is executive director of the United Way, we have Shannon Anderson, campaign development director, and Tuck Tyler, who is the 1999 campaign chair. If you all would come on up and face the masses and the television cameras, and we'll be in business. The proclamation reads as follows: WHEREAS, since 1957, the United Way of Collier County has sponsored and funded qualified nonprofit community agencies which provide essential social and health services to our citizens; and WHEREAS, throughout the 43-year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 20 community agencies providing services to all areas of our county; and WHEREAS, the '99/2000 community campaign officially begins October 1, 1999; and WHEREAS, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Collier County and its member agencies. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 1 through 7, 1999 be designated as United Way of Collier County Campaign Kickoff Week. DONE AND ORDERED THIS 28th day of September, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to make a motion we go ahead and approve this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Good luck, guys. (Applause.) MR. THOMAS: On behalf of the United Way, we'd like to thank the county, the County Commissioners and your proclamation of United Way Week next week. Also, Leo Ochs, one of your own, is our president, and we're off to a great campaign, and we really appreciate the support of the county, who is one of our largest funding agencies for the many needs that exist socially and human service-wise in the county. I'd like now to just recognize, if they'd all stand up, please, the various agencies that are represented with us today, and thank Page 7 September 28, 1999 them for their support for -- (Applause.) CHAIRWOMAN MAC'KIE: Mr. Thomas, some of them I recognize. Project Help and the Shelter for Abused Women. Maybe you could tell us the identity of those, or someone could. It'd be nice to get a little plug in there. MR. THOMAS: Sure. I could read them off, because I'm the volunteer. But I'll let Ernie or Shannon do the honors. MR. BRETZMANN: I think all of our agencies are represented here today. And they include Fun Time Nursery; Immokalee Childcare Center; the Learning Connection; Naples Alliance for Children; Redlands Christian Migrant Association; Big Brothers; Big Sisters; Boy Scouts; Girl Scouts; the Marco Island YMCA; Epilepsy Foundation of Southwest Florida; Catholic Charities, which conducts a number of programs, prescription drug program, counseling service and a food bank; Tech of Collier County, which has Step-By-Step and Strive; Mental Health Association of Collier County; the American Red Cross; the Child Protection Team; Harry Chapin Food Bank; Immokalee Friendship House; Project Help and Shelter for Abused Women. And I want to thank all of them for coming out. Having been with United Way for four years and participating in budget review process, I'm real proud of what the agencies are doing, and you should be also. They're getting a great bang for the buck and providing a real needed service for thousands of Collier County residents. And without them, not only would the United Way not exist, but life in Collier County would not be nearly as good as it is now. I want to thank the Board of County Commissioners, the constitutional officers, and everybody who is supportive of United Way in helping us grow and make a real difference in our community. Thank you very much. (Applause.) Page 8 PROCLAMA T_rON WHEREAS, since 19§7, the United Woy o£ Collier County hos sponsored ond theoughouf the 45 year history of the United Way of ~olli~r all a~as o~ oue Coun~; n~, WHEREAS, the ~999/2000 Community Campaign official!~ begin~ on October 1, ~999; and, FVHEREA$, the 8oard o£ support the its 9n~te£olly acknowledge and Collier County and NOW Commissioners o£ 1 - 7, ~999 be DONE AND DNIZ~ E. BROCK, CLERK -- PA,ffELA ..5. A~AC'KZE, September 28, 1999 Item #5A3 PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 3-9, 1999 AS MENTAL ILLNESS AWARENESS WEEK - ADOPTED CHAIRWOMAi~ MAC'KIE: Thank you. I'm honored to read the next proclamation, which is for mental illness awareness week. And we have with us, Kathryn Leib Hunter, who is the executive director of the National Association for the Mentally Ill. If she can fight her way through the crowd. COMMISSIONER CONSTANTINE: Swimming upstream. CHAIRWOMAN MAC'KIE: Swimming upstream is right. And who are you, sir? MR. LaROSA: Leonard LaRosa. CHAIRWOMAN MAC'KIE: I'm sorry? MR. LaROSA: Leonard LaRosa. CHAIRWOMAN MAC'KIE: Leonard LaRosa, also with NAMI? MR. LaROSA: Yes, thank you. CHAIRWOMAN MAC'KIE: Wonderful. The proclamation reads as follows: WHEREAS, severe mental illnesses, such as schizophrenia, bipolar disorder, which is manic-depressive illness, major depression, obsessive-compulsive disorder and severe anxiety disorders affect one in five families annually; and WHEREAS, severe mental illnesses are more common than cancer, diabetes, heart disease, and are the number one reason for hospital admissions nationwide, and that on any given day 21 percent of all hospital beds are filled by people with severe mental illness; and WHEREAS, severe mental illnesses have been scientifically proven to be highly treatable biomedical disorders of the brain; and WHEREAS, the treatment success rate for schizophrenia is 60 percent, 65 percent for major depression, and 80 percent for bipolar disorder, compared to only 50 percent for chronic physical disorders such as heart disease, diabetes, or cancer; and WHEREAS, scientific research is producing tremendous breakthroughs in the understanding of these brain disorders, resulting in more effective treatments that allow people to reclaim full and productive lives; and WHEREAS, brain disorders continue to remain shrouded in stigma and discrimination from societal prejudice, causing those who are affected by severe mental illnesses to be cast as second-class citizens who unfairly receive far less insurance protection and employment opportunities than others suffering from equally debilitating physical diseases. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of October 3 through 9, 1999 be designated as Mental Illness Awareness Week, to increase public awareness of severe mental illness and to promote greater understanding for those who suffer from the potentially disabling symptoms of these disorders. Page 9 September 28, 1999 DONE AND ORDERED THIS 28th day of September, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. I'm proud to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: Interesting stuff in that proclamation. Real good information. MS. HUNTER: On behalf of the 6,000 residents of Collier County affected by severe mental illness each year, we would like to thank you for this proclamation. NAMI has continued to grow each year and continues to provide all of our programs free of charge to the community. We challenge you to help us in our efforts to implement insurance parity on a state-wide level. Last year the cost to treat a person with diabetes for one year was $7,531. To treat a person with schizophrenia, the cost was $7,331. To continue to discriminate against persons with schizophrenia, manic depression, bipolar disorder, or major depression makes no sense. It makes no political sense or no common sense. I invite the community to participate in our many programs during this Mental Illness Awareness Week, and I would like Mr. Lenny LaRosa, who represents the face of mental illness, to speak to you now. MR. LaROSA: Thank you, commissioners. And I would just like to mention a few names that we may have heard of. Abraham Lincoln, Beethoven, Ted Turner. These are all people that suffered from mental illness at one time or another or are still suffering. And we thank all of you who give your time and your dollars and provide us with services that we very desperately need to provide services for those in the community that utilize those services. What we're working very hard to do is to eliminate the stigmas attached with mental illness, and that seems to be the most difficult part. But we urge anybody who may have somebody in their family who may need some help to come forward and get screened, and we will do everything we can to provide you with the help that you need. Thank you very much. CHAIRWOMAN MAC'KIE: You're welcome. (Applause.) Page 10 PROCLAMATION WHEREAS, WHEREAS, WHERF, AS, WHEREAS, WHEREAS, severe mental illnesses such as schizophrenia, bipolar disorder (manic depressive illness), major depression, obsessive compulsive disorder, and severe anxiety disorders affect one in every five families annually; and, severe mental illnesses are more common than cancer, diabetes, and heart disease and are the number one reason for hospital admissions nationwide, and that on any given day, 21 percent of all hospital beds are filled by people with severe mental illness; and, severe mental illnesses have been scientifically proven to be highly treatable biomedical disorders of the brain; and, the treatment success rate for schizophrenia is 60 percent, 65 percent for major depression, and 80 percent for bipolar disorder compared to only $0 perce~t f~? c~ronic phys'.ca;. ~c~derz ~c.~ as heart disease, diabetes or cancer; and, scientific research is understanding that allow WHEREAS, brain NOW breakthroughs in the in more effective treatments lives; and, to remain and discrimination cau severe mental suffering ers of Collier as of severe suffer to promote greater disabling symptoms DONE AND ORDERED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ., September 28, 1999 Item #5A4 PROCLAMATION DESIONATING THE WEEK OF OCTOBER 3-9, 1999 AS NATIONAL WEEK - ADOPTED CHAIRWOMAN MAC'KIE: Commissioner Berry has a proclamation. COMMISSIONER BERRY: Yes, I do. If I could have Kathryn Leib Hunter -- I'm sorry, we just did that one. Wrong one. Can't read. Brooke Haas, vice president of the 4-H County Council. And Andy Glazier. MR. ANDERSON: Andrew Glazier. CHAIRWOMAN MAC'KIE: Getting to be late for school today? What a thrill, right? COMMISSIONER NORRIS: Too bad, huh. COMMISSIONER BERRY: The proclamation reads as follows: WHEREAS, the goal of 4-H is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development and practical skills; and WHEREAS, these activities have resulted in learning experiences and accomplishments that have received state and national recognition; and WHEREAS, the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and WHEREAS, the 4-H members receive inspiration and guidance from interested parents, cooperative extension service workers and staff volunteer adult and teen leaders in support for many community organizations and businesses; and WHEREAS, 4-H forms partnerships and collaborates with other youth-serving agencies to reach a wide and diverse audience. NOW THEREFORE be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 3rd through the 9th, 1999 be designated as National 4-H Week, and all citizens of Collier County are urged to join this board in giving appropriate recognition to the achievements of the 4-H clubs of Collier County. DONE AND ORDERED THIS 28th day of September, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. As a former 4-H'er, I would like to move acceptance of this proclamation. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: (Applause.) MS. HAAS: Second. Second. Ail in favor, please say aye. That passes unanimously. Good morning. I'm Brooke Haas, vice president of the Page 11 September 28, 1999 4-H County Council, and a member of the Outback Neighbors 4-H Club. This is my fourth year in 4-H. MR. GLAZIER: I'm Andrew Glazier, treasurer of the 4-H County Council and a member of the Discoverers 4-H Club. This is my fifth year in 4-H. MS. HAAS: On behalf of the 4-H Club members, we thank the commission, county administrators and personnel, our volunteer leaders and parents, our extension agents, civic clubs, businesses and schools for their time, support and commitment. Throughout the past year, approximately 3,000 boys and girls, ages five through 18, and their families throughout the county from all backgrounds have many learning experiences through participation in traditional 4-H clubs, camps, workshops, school enrichment and the summer marine science program. Over 300 adults volunteered their time to make these opportunities possible. 4-H emphasizes practical skills, public speaking, recordkeeping and practical knowledge in animal science, citizenship and leadership, health and safety, environmental sciences, plant science and mechanical sciences. 4-H has served the community through beach cleanups, food drives to help needy families, visiting nursing homes and planting flowers. Our County Council taught other youth how to serve as club officers and planned and MC'd an afternoon of games for younger children. 4-H youth are an important resource. We have much to contribute and we welcome the opportunity to do so. MR. GLAZIER: 4-H teens are the teen leaders in their clubs and participated in county, district and state councils, the Know Your County Government Program, 4-H Legislature held in Tallahassee, and 4-H Congress, held at the University of Florida, regional horse events in Montgomery, Alabama, and National 4-H Congress in Atlanta. A Collier 4-H'er was one of five teens representing Florida at the 4-H conference in Washington D.C., and she was selected to serve on the national board as a southern regents representative. This is the first time anyone from Florida ever received this honor. Collier teens receive recognition in state competition, and food and nutrition, animal science, health, recreation, and media arts. 4-H teaches us how to work together as a group making decisions, fulfilling responsibilities, and enjoying positive friendships. 4-H clubs are re-organizing this fall and 4-H projects are being conducted in classrooms and in collaboration with other youth-serving agencies. We invite the citizens of Collier County to join us in making a positive difference. Again, thank you for your support. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) COMMISSIONER BERRY: Also a person that should be recognized who works very closely with this group is Linda Denning. Linda, would you stand, please. (Applause.) CHAIRWOMAN MAC'KIE: They make you feel confident about the Page 12 September 28, 1999 future, don't they? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: here. Absolutely. It's so encouraging. Thank you for being Page 13 PROCLAMATION WHEREAS, the goal of 4-H is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development, and practical skills; and, these activities bare resulted in learning experiences and accomplishments that bare received State and National recognition; and, ~ the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and, WHEREAS, the 4-H members receive inspiration and guidance from interested parents, Cooperative Extension Service workers and Staff volunteer adult and teen leaders, organizations and businesses; and, WHEREAS, and agencies to NOW of Collier urged to in giving ~..to the of Collier DONE AND ORDERED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t P N September 28, 1999 Item #5A5 PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 4-11, 1999 AS THE FRIENDS OF THE FLORIDA PANTHER REFUGE POSTER WEEK - ADOPTED Commissioner Carter has a proclamation. And then I promise, that will be it on proclamations. COMMISSIONER CARTER: Yes, we have Friends of the Florida Panther Refuge, our favorite kitty cat, this morning with Mr. Bob Barker (sic), president, and Jim Kirkowski, manager of the Panther Refuge. CHAIRWOMAN MAC'KIE: Baker. Bob Barker would be interesting to have here, though. MR. BAKER: This is not Jim. This is Paul Ryan, our secretary. COMMISSIONER CARTER: WHEREAS, the Friends of the Florida Panther Refuge was formed in 1997, and the mission of the Friends of the Florida Panther Refuge is to promote a better understanding and appreciation of the impact which South Florida has on the Florida panther; and WHEREAS, this year's Florida panther poster contest will not only involve the beauty of the art and creativity of our Collier County students and the message of why do we save endangered species such as the Florida panther; and WHEREAS, saving the Florida panther or any of the endangered species means saving habitat that is central for the protection of many species that live within the protection of its umbrella. NOW THEREFORE, be it proclaimed that (sic) the Board of County Commissioners of Collier County, Florida, that the week of October 4 to 11, 1999 be designated as Friends of the Florida Panther Refuge Poster Week. DONE AND ORDERED THIS 28th day of September, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chairman, I move we accept this proclamation. CHAIRWOM/LN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: (Applause.) CHAIRWOMAN MAC'KIE: Is there a second? Second. Ail in favor, say aye. Passes unanimously. Thank you. Do you have something to say? We'd love to hear from you. MR. BAKER: I want to thank the board for recognizing this special event. And as has been pointed out in the proclamation, our theme is an umbrella that the panther provides for many species. I also would like to say that National Wildlife Refuge is the week of October 10th to the 16th. And as you are well aware, we have two national wildlife refuges here in Collier County. Also want to recognize the Collier County public schools for their participation. We certainly appreciate that. And all the Page 14 September 28, 1999 teachers, art teachers and science teachers, that are helping their students. This gives the students a great opportunity to express in the form of art their concerns for the Florida panther. Our awards day will be October 10th at The Registry, and we have a commissioner who is going to participate in that. CHAIRWOMAN MAC'KIE: I'm going to be a panther. MR. BAKER: She's going to be a panther. And for that, we thank you very much. CHAIRWOMAN MAC'KIE: Look forward to it. MR. BAKER: I would also like to introduce our chairperson for this year's poster art contest. Rikki Pires. Here she is. (Applause.) MR. BAKER: She's done an outstanding job in pulling this together, and it's going to be a great event, and both for the schools and for the children. And also, we've had many sponsors here in Collier County, and we certainly appreciate their participation in this event. CHAIRWOMAN MAC'KIE: Mr. Baker, I wonder if we could ask that the winning poster be brought back and let County Commission see that once that award is made, because that would be a nice little public awareness opportunity. MR. BAKER: We'd be very happy to do that. CHAIRWOMAN MAC'KIE: Wonderful. Thanks. (Applause.) Page 15 PROCLAMATION fffl-IE~, the Friends of the Florida Panther Refuge was formed in 1997; and, WHEREAS, the mission of The Friends of the Florida Panther Refuge is to promote a better understanding and appreciation of the impact which South Florida has on the Florida Panther; and, NfltEREAS, this year's Florida Panther Poster contest will not only involve the beauty of art and creativity of our Collier County students; and, the message of "Why do we save Endangered Species such as the Florida Panther?"; and, WHEREAS, saving the Florida Panther, or.any other Endangered Species means saving habitat that is es,~.~'~iiu,~'o~ :he protection of many other species that live within the NOW THE,~.FO~,~F.~ Co, · ' of Collier designated as DONE AND 1999. COLLIER September 28, 1999 Item #SB EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: Commissioner Carter's going to do service awards for us this morning. COMMISSIONER CARTER: Yes, I think probably one of the privileges of being a county commissioner is you have the honor of doing these service awards. And this morning I'd like to start with the person who has been with us the longest in this particular agenda of service awards, and that's Judi Bodine, who has been here for 15 years. Judi, would you step forward, please? {Applause.) CHAIRWOMAN MAC'KIE: Of course she started when she was 15, that's obvious. COMMISSIONER CARTER: Then we have the 10-year awards, and people who have done this, have been with us for over -- for 10 years or working on 11. First is Joe Delate. And Joe is with the Parks and Recreation Department. Joe? (Applause.) COMMISSIONER CARTER: Next I have Mr. John Lucrezi, who has been with us for 10 years, and he is in the water department. John? {Applause.) COMMISSIONER CARTER: And next is a gentleman who is no stranger to any of us, Mr. Bob Mulhere. (Applause.) CHAIRWOMAN MAC'KIE: Let the record reflect when he says he's one of us, he means on of us as in all of us, as in Collier County us. Just had to take that chance to say that. COMMISSIONER CARTER: Okay, next, I have Mr. Kevin Rogan, Sr., who is roads and bridges, for 10 years. (Applause.) COMMISSIONER BERRY: Right now with all the rain, it's a real challenge, isn't it? COMMISSIONER CARTER: Next, we have Mr. Earl Sackett, road and bridges, 10 years. (Applause.) COMMISSIONER CARTER: Now up to five years. Mr. Daniel Sappah, who is with road and bridges. (Applause.) COMMISSIONER CARTER: And last, but not least, Mr. Paul Passaretti, for five years with EMS. (Applause.) CHAIRWOMAN MAC'KIE: Would that be the EMS that got the award for the whole state as being the -- oh, yeah. Finest in the State of Florida, at least? Page 16 September 28, 1999 Item #5C1 DANIELLE CHARD, PRINCIPAL INFORMATION TECHNOLOGY PROFESSIONAL, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR SEPTEMBER, 1999 Sue, is it Danielle Chard? I'd like to ask Danielle Chard to come forward, please. Danielle is the employee of the month for Collier County, and we want to tell her how much we appreciate her. If you'd stand here while I read a little bit about your good work. Danielle has been with Collier County since 1995. As a principal information technology professional, Danielle is one of those employees who always go above and beyond what is expected. During the course of the day, she can be found at any of the 100-plus computer terminals in the development services center assisting someone with a problem or question. Borrowing the saying, our only product is service so let's deliver the best product we can, Danielle applies that philosophy and delivers one of the best products in the business. And the Collier County employees, her customers, are especially thankful. Without hesitation, Danielle has been chosen as September's employee of the month. Danielle, we have a letter for your file, a plaque that we hope you will display as a token of our appreciation and a check and our sincere thanks. (Applause.) Item #5C2 CHECK IN THE AMOUNT OF $100,000 PRESENTED BY SENATOR SAUNDERS FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM PROJECT FOR THE 1999-2000 LEGISLATURE AWARDED TO SUGDEN REGIONAL PARK CHAIRWOMAN MAC'KIE: And next, one of our personal favorite things to do is something about accepting money. We have Senator Burt Saunders here to make a presentation. MR. SAUNDERS: Thank you, Madam Chairman, members of the commission. This is a particular pleasure for me because this is money for Collier County for a matching grant for the Sugden Park. And as many of you recall, I had skied with the Gulf Coast Skimmers for a number of years as we were trying to promote Sugden Park, or what would become Sugden Park, and I remember saying to the County Commission on my last meeting that I felt that this park would be the best park in South Florida, all of South Florida. And I believe it is perhaps if not the best park in South Florida, it may very well be the best park in Florida for the size and nature of the park. And I think the county and the County Commission should be very proud of that. And I'm very proud to present to the County Commission a check from the State of Florida for $100,000. Page 17 September 28, 1999 And there are a couple of things that this check will be used for: Some picnic facilities, a walking-biking-hiking trail, restrooms, and a fishing pier. The county has received a lot of money from the state for this park. I think there's opportunities for additional funds as you develop the park. ' And again, I'd like to present this to the Chairwoman of the Commission from the State of Florida. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Can you cash it while it's still in the frame? COMMISSIONER CARTER: Thanks, Burt. MR. SAUNDERS: I failed to mention that Representative Goodlette had desired to be here and could not be here, and his legislative aide is here. So Dudley's here in spirit as well as with his aide. MR. MODES: I'm Robert Modes, a representative from Mr. Goodlette's office. We just wanted to add our additional support and hope that in the future the state and the county can get together and improve and help fund Sugden Park and its needs. CHAIRWOMAN MAC'KIE: And you'll send our thank you to Representative Goodlette as well? Thanks. Item #TA JOHN WHITE REQUESTING AN EASEMENT OVER COUNTY-OWNED PARCEL - STAFF TO COME BACK WITH OPTIONS FOR THE BOARD'S CONSIDERATION Okay, our next item is a public petition. Mr. John P. White, requesting an easement over a county-owned parcel. I was curious, Mr. McNees, why this didn't go through regular staff channels. Is there -- COMMISSIONER NORRIS: I was as well. CHAIRWOMAN MAC'KIE: -- not a way for this to go through staff channels instead of through a public petition? We grant easements all the time. MR. McNEES: I think Ms. Ashton is probably prepared to answer that. CHAIRWOMAN MAC'KIE: Could you? MS. ASHTON: Certainly. Good morning, Commissioners. For the record, Heidi Ashton, assistant county attorney. This did go through -- Attorney White did approach me, as well as the real property department. And this is something that's been discussed for several months. Some of the issues concerning the conveyance of an easement are there was a right-of-way permit that was issued to Gulf Seminole Railroad Company, I believe is the name of the entity, that gives them the right to control access over this parcel of property. So if we were to go forward and grant this easement, we would have to terminate or modify the right-of-way permit with the railroad Page 18 September 28, 1999 company, and that is the concern, that we'd be taking away someone else's rights. CHAIRWOMAN MAC'KIE: Did they exist? I mean, can we ask them to give up their rights? Does that company exist? MS. ASHTON: It's my understanding that Kevin Hendricks did talk to them, and they didn't indicate a willingness at that point. And I had spoken to Attorney Vogel, who represents another party involved in here, and asked him to try to be a good neighbor and work with the railroad company and then get back to us. And that's the last that I heard with regard to that issue. The second issue is they wanted the easement without compensation. And when we spoke to staff, we had come to the conclusion that they should compensate the county for the easement. So those are the two outstanding issues. And if you want -- CHAIRWOMAN MAC'KIE: Okay, well, it sounds like it's -- staff tried. So let's hear from Mr. White and -- COMMISSIONER CONSTANTINE: He'll explain the -- CHAIRWOMAN MAC'KIE: -- see what we can do. COMMISSIONER CONSTANTINE: -- procedure? COMMISSIONER BERRY: I received -- CHAIRWOMAN MAC'KIE: Oh, he knows. COMMISSIONER BERRY: Madam Chairman, I received a call on this particular issue. And after discussion with the parties involved, we decided that this was -- CHAIRWOMAi~ FiAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: I see. -- the best way to go. Well, thank you. Though I didn't place this personally on the CHAIRWOMAN MAC'KIE: Just seemed like the logical place to be. Sorry to delay you, Mr. White. Go ahead. MR. WHITE: Good morning. My name is John White, and I'm an attorney and I'm representing Bruce Nicholas, the property owner. And I think in the package of agenda materials that has been provided to the commissioners, I believe I included a letter dated September 3rd, which was addressed to our county administrator, which set forth the issue and really why we're here. And we are here this morning to request a non-exclusive easement that is consistent with the actual use of the property that Mr. Nicholas owns. And this is a parcel of land that is contiguous to a county-owned parcel that is used as a railway spur line that the county acquired in 1980. The property was constructed and permitted and approved for construction in 1987, over 10 years ago, and the building was permitted and approved in its current configuration. In the handout that you all have been provided -- and this is a summary of the -- a large blowup of the handout that you all do have, the -- this is the existing building. This is Railhead Boulevard or known as Pagnes Road. The -- there is a 6,000 square foot office building, and an additional 20,000-plus square foot warehouse building Page 19 September 28, 1999 that is attached and to the rear of the office building. There are some loading bays on the east side of the building, and then some paved areas. And the only access for ingress and egress purposes is across the county-owned parcel, which serves as the railway spur line ingress and egress over to Pagnes Road. Now, Mr. Nicholas purchased this property in the mid '90s and believed that the access was already in place. And in March of this year, contracted to sell his building. And the purchaser, who was represented by Mr. Vogel, raised an objection to the title; namely, that there is not a recorded easement to provide ingress and egress over this area. However, as part of the permitting process in 1987, two driveway permits were issued as part of that permitting process. An access point servicing the loading bays, and a second access point, which services the parking area to the rear of the warehouse. And so what we are requesting is simply an easement which will -- which will put of record something that has been in use since 1987. And we're not asking for any rights that we really don't believe were already in place, since it is a county-owned parcel and is part of the permitting and approval process for the construction of the building. The driveway permits were already issued. And as indicated by Heidi, as we're applying through the administrative offices for that right-of-way easement grant, the Seminole railway issue popped up. And in 1995, a right-of-way permit was issued to Seminole Gulf Railway, which includes -- and this was five or six years after the building was permitted for construction. And there are some inconsistent provisions in that right-of-way permit which granted Seminole Gulf Railway the right to control access, and the parties that can gain access into that railroad spurway. Apparently there have been some problems with accumulations of trash and debris and people misusing that county parcel. And so Seminole Gulf Railway apparently petitioned the county or went through the administrative offices for a modification or the issuance of that right-of-way permit, allowing them to control ingress and egress to that site. I have copies of those right-of-way permits and the inconsistent language. So in the process, I'm happy to hand out as a handout to you all this morning, if you'd like to see that. But we just respectfully request that you all intercede and provide some direction to the staff so that we can finally get some resolution of this matter. CHAIRWOMAN MAC'KIE: Commissioner Berry, do you have thoughts on this, if you've heard more about it? Sounds like -- COMMISSIONER BERRY: Well, my understanding -- CHAIRWOMAN MAC'KIE: -- a conundrum of a dilemma. COMMISSIONER BERRY: My understanding of it -- MR. WHITE: We're kind of frustrated. I'm sorry. COMMISSIONER BERRY: -- was that they have had access over all of these years, correct? Page 20 September 28, 1999 MR. WHITE: That is correct. COMMISSIONER BERRY: It's something that hasn't been recorded. I guess that's the legal terminology for all of this. And now when the time comes for sale, all of a sudden it becomes an issue. And I think at this point -- I don't know the legal ramifications involved here, but it seems to me if they've had access, then let's get something in writing and let it continue, unless there's something proven out there that says it shouldn't happen. But it seems to be the logical -- CHAIRWOMAN MAC'KIE: Why isn't this something that should go through a quiet title or some similar action in the courts? I mean, could we be messing up the title even worse by saying we have the authority to grant something that we really don't? That was my concern. MR. WHITE: That's probably a question you need to direct your legal staff. However, our position would be that it's a county-owned parcel, and it's almost similar to a right-of-way existing right now, because in the construction of the building -- CHAIRWOMAN MAC'KIE: John, let me interrupt you to -- MR. WHITE: Sure. CHAIRWOMAN MAC'KIE: -- ask, what if we quitclaimed whatever rights we have? MR. WHITE: Well, we're not asking for an exclusive use of that property. Because I think the -- since there is a railroad spur line there, I think that the public generally probably has a need to have rail materials delivered to that spur site. And so all we're asking for is a non-exclusive easement that can be used along with anybody else that has a necessity for the use of that property. CHAIRWOMAN MAC'KIE: Hard for me to see how that would hurt anything. MR. HENDRICKS: Commissioners, if I may, I'm Kevin Hendricks with the real property department, and I've done a lot of research on this issue and worked with Mr. White and Mr. Vogel and Ms. Ashton. And this property was granted to the county in 1980 for a railroad spur with a reverter provision. And while Mr. White's done some research indicating reverters expire in 21 years, we haven't quite reached 21 years. And the reverter specifically states that it shall be used for railroad terminal purposes, and if it ceases to be used for that purpose, then it reverts to the original grantor. CHAIRWOMAN MAC'KIE: Which is? MR. HENDRICKS: Which is several people by the name of Voss who have collectively signed the deed. So what we have said that we would do is declare an easement in favor of the general public for ingress and egress, which is not inconsistent with the use of the property as a railway terminal. So CHAIRWOMAN MAC'KIE: I like that. MR. HENDRICKS: -- it could be used as both. MR. WHITE: That would work fine for us. CHAIRWOMAN MAC'KIE: That works for me. Page 21 September 28, 1999 MR. WHITE: In fact, there are some property owners that are to the rear of the Nicholas parcel which could also benefit -- CHAIRWOMAN MAC'KIE: Right. MR. WHITE: -- through the granting of this easement because they need to have access to their property, too. CHAIRWOMAN MAC'KIE: If that's not inconsistent with the railroad's rights, then how could that hurt? MR. HENDRICKS: Well, I think we kind of -- CHAIRWOMAN MAC'KIE: I mean, the lawyers would have to craft it that way. MR. HENDRICKS: -- agreed that we should come to the commission, although staff issued the permit, I think, you know, it's a delicate issue and we decided we might want to come to the commission for direction on how to modify the permit, if that even needs to be done. COMMISSIONER NORRIS: Okay, we're not going to settle the issue today, so why don't I see if there's support on the board for direction to have the staff come back with some options for the commission to consider, and perhaps do a little bit more research and see what we can do in the future? COMMISSIONER BERRY: Can we do this in a couple week time frame? MR. HENDRICKS: Yes. CHAIRWOMAN MAC'KIE: Ms. Ashton, can you legalize this in a couple of weeks to give us some options? MS. ASHTON: Well, most of the processing of this will go through the real property department with input from the transportation department. From my standpoint, I have no problem with the review time. CHAIRWOMAN MAC'KIE: And you can do that, Mr. Dugan, a couple of weeks? Okay, I agree with that direction. Mr. White? MR. WHITE: And we'd sure appreciate your help, because we do have a contract that's been in place since March -- CHAIRWOMAN MAC'KIE: What a shame. MR. WHITE: -- and we just haven't been able to get any direction. And -- COMMISSIONER BERRY: It's time to move on. MR. WHITE: -- staff is -- the staff is kind of handicapped. And we appreciate your help. CHAIRWOMAN MAC'KIE: Appreciate your bringing it to us. Is that sufficient direction? Everybody's happy with that? Okay, great. MR. WHITE: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Item #8A1 CARNIVAL PERMIT 99-6 RE C-99-6, NAPLES ITALIAN AMERICAN CLUB REQUESTING A PERMIT TO CONDUCT A CARNIVAL (FESTA ITALIANA) ON NOVEMBER 4,5,6, AND 7, 1999 AT 7035 AIRPORT ROAD NORTH - ADOPTED Page 22 September 28, 1999 Item 8(A) (1) is the Naples Italian/American Club requesting -- COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 23 SEP 2 8 1999 Permit No. CP-99-6 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Naples Italian American Club, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Naples Italian American Club, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, Naples Italian American Club, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Naples Italian American Club, to conduct a carnival or exhibition from November 4, 1999 through November 7, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: Commencing at the Southeast comer of Section 2, Township 49 South, Range 25 East, nm North 1708.10 feet, West 100.07 feet, North 330 feet, to the Point of Beginning, thence continue West 660 feet, North 330 feet, East 660 feet, South 330 feet to Point of Beginning, consisting of 5 acres, as recorded in Official Record Book 519, Page 983, Official Records of Collier County, Florida. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this 'e~"lt4. day of ATTEST: ,,,,,"' ~GHT,E. BROCK. Clerk '::~'* 5~.(Legal.~fficz~ncy: % ': c?/::)W.~',',,,, _ M~ofie~. Student Ass~mt Coun~ A~omcy ,1999. BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: PA~N g/ad min/CM/im/CP-99-03 FROM :Teo Za¢_..._Chlni FRX ~. : 6(~-253-9040 NOTS:. Please read revers~ side Copy. , 6efore co~oie~Lng ~hSe Copy: · ~ copy= PETITION NO. _ _ Sep. 02 19oj9 ~[2:14PM p2 CURRENT ZONING: /~R. tOOt.?'on&%~- ' CURRENT USE: $0~/- ?..&U ~ ~E ~L~WING INFO~TION 18 ZNCL~ED IN ~IS P~ZTION. (FOR ~~A- TZON, SEE R~SE SIDE, ) 3.0.1) . .' 3. e. a)____. 3.e.3): ,: :. co~ent=e: _ 3 .e. ¢) ._._,.___ 3, e, 5)___...._ 3 · e. 7)_..__.._. 3. e. 8).____. 3.0.9) DATE REVIEWZD by ~oard o£ cOUnty conmissioner~=_ _ = __ Approved:_ *" " Disapproved ~ Conditions of Approv< '.... ProPerty Information Report CDPR1002 - Property Information Report S£P 2 8 1999 FOLIO NBR PARENT PARCEL PHYSICAL STREET LOCATION 0000000237960007 0000000000000000 7035 AIRPORT RD N, NAPLES AREA NORTH BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 040 .000 25 49 02 492502 040.0004A0 USE CODE CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 77 0 133 5.00 0 SHORT LEGAL 2 49 25 COMM SE CNR, N 1708.10FT, W100.07FT, N330 FT TO POB, W660FT, N330FT, E660FT, S330FT TO POB 5 AC OR OWNER NAME NAPLES ITALIAN OWNER ADDRESS AMERICAN CLUB INC 7035 AIRPORT PULLING RD N NAPLES, FL 341091709 FULL LEGAL DESCRIPTION 2 49 25 COMM SE CNR, N 1708.10FT, W100.07FT, N330 FT TO POB, W660FT, N330FT, E660FT, S330FT TO POB 5 AC OR 519 PG 983 XTRA LGL CNT PREVIOUS OWNER Collier County CD-Plus for Windows 95/98/NT Printed on 09/07/1999 2:56:31PM p~ 1 ~! STATE OF FLORIDA: COUNTY OF COLLIER: PERMIT FOR CARN1VAL EXHIBmON Permit No. WHEREAS, Naples Italian American Club, has made application to the Board of County Commi~ioners of Collier County, Florida, for a permit to conduct a carnival or exhfoition; and WHEREAS, Naples Italian American Club, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been salisfied and lhat such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, Naples Italian American Club, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Naples Italian American Club, to conduct a carnival or exl~'oition from November 4, 1999 through November 7, 1999, in accordance with the terms and conditions set forth in the peiifioner's application and ali related documents, attached hereto and incorporated herein for the following descn'bed property: Commencing at ~e Sou~beast comer of Section 2, Township 49 South, Range 25 East, nm North 1708.10 feet, West 100.07 feet, Not'th 330 feet, to the Point of Be~innlng, thence continue West 660 feet, North 330 feet, East 660 feet, South 330 feet to Point of Begln,~ing, consisting of 5 acres, as recorded in Official Record Book 519, Page 983, Official Records of Collier County, Florida. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ~ 1999. ATI'F.~T: BOARD OF COUNTY COIvlMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA: Approved as to Form and Legal SufEcienc~.. Assistant County Attorney PAMELA S. MAC'IIlE, CHAIRWO~ ~RON :teo Zacc~ini ALL~ED SPECIALTY ~#SUtA#~E, ~#¢. 10451 GuLf Boulevard lreGsure isimncl, FL 33~06 FAX CERTIFICATE : 6~-253-.q040 OF INSURANCE 11;o Z~CC#I#1 i s~s c~ 1208 ~orth Oranga Av~ L~a~bn ~ Sarmsota, FL 34236 ~D CO~~S ) ~4BRB~IL ~ORH OFIPIC~ ~ih ¢ ) ~CX, · JXX /q:~LXC'Y IkOX, XCy CEtTI~ICATE #OLDER IUItEAU OF FAIRt AMO EXPOBITIOill I#tPICTIOIiI, ~!¥II101t OF ~TAIOAtO! 31~ COl#ER IOULEVARO, ITE.N/C&I TaLLmhea~, FL $~399-16S0 ( ) OTA'tqt, r%X:~ LZHITB BA~d A~%*'XDIMT $ [,000,000 $ l,O00,O00 $ l,GO0,O0~ $ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event /'2~'':'5-~'/7 I CFtI~I n"vFt Address of event Date(s) of event Sponsor of event SEP 2 8 ~999 Hours of operation Address of Sponsor Person in charge of food service Phone Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male (~/) Permanent: Male ( ) Method of toilet waste disposal: Female ( ) Describe method of liquid kitchen waste disposal:. Describe containers and method of solid waste disposal (garbage): ~'~.'i ~.'- hl~'/~ ~ r~' Number of solid waste disposal containers provided: Describe facilities and method of hand washing: .~.~ Describe facilities and method of utensil washing, rinsing and sanitizing: Source of potable water: For information and assistance contact: Environmental Health& Engineering Department (8 SEP - 7 1999 SEP 2 8 1999 compl_ia.nce with the F~oz~lda Administrative Code, ~' Signature o~ ~p(~ns~r's agent As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes ~X No I certify that to the best of my knowledge and belief ail of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in Chapter 10D-13. S£P 2 8 1999 AGREEMENT MADE this 20th day of June, 1999 BETWEEN: Italian American Club of Naples, Naples, Florida (hereinafter referred to as "Club") AND: Teo Zacchini & Sons, Sarasota, FL (hereinafter referred to as "Zacchini") NOW THIS INDENTURE WITNESSETH THAT in consideration of mutual covenants and agreements hereinafter set forth THE PARTIES HERETO AGREE AS FOLLOWS: 1. Zacchini agrees to furnish a minimum of 1 $ rides, space permitting, for the dates of November 4, 5, 6, and 7, 1999. 2. Zacchini agrees to furnish a Certificate of Insurance. 3. Zacchini agrees to furnish the electricity to operate the fides. 4. Zacchini agrees to furnish one food concession to be located on the fide midway. The concession called "Cotton Candy Castle" will pay no privilege to the Club. The "Cotton Candy Castle" will be allowed to sell drinks and have the exclusive to sell cotton candy, candy and caramel apples, popcorn, and sno-cones. 5. Zacchini agrees to furnish tickets and ticket boxes. Tickets will be priced at $.75 (seventy five cents) for single tickets; 20 tickets for $10.00; 40 tickets for $20.00. Rides will accept two to five tickets per ride. The Club will sell the tickets. 6. Zacchini agrees tO pay the Club 25% (twenty-five percent) of the gross receipts from the sale of ride tickets. 7. Zacchini agrees to pay the Club $100.00 per game concession. 8. Zacchini agrees to furnish 100 posters which the Club will distribute in the area. 9. The Club agrees to furnish the midway lot for the rides to be set upon. 10.The Club agrees to assist Zacchini in obtaining any and all necessary permits required to setup and operate the rides. RECEIVED SEP - 7 . uem saw s C 9 9 .I S£P 2 S 1999 IN WITNESS WHEREOF the said parties hereunto set their hands and/or corporate seals as attested by the hands of their proper signing officers in that behalf. ITAL~RICAN CLUB, NAPLES PER~ TEO ZACCHINI & SONS PER RECEIVED SEP - 7 1999 SEP 2 8 1999 S£P 2 8 1999 COLI.IER COUNTY SHERIFF'S OFFICE E. ._F_OP,,CEMENT SPECIAL DETAIL AG! __EMENT THIS AGREEMENT. entered into this --I,-- day of ~. 19~ by and between the HUNTI Co,let County Sl-,enffs Office. DON -'R. SHERIFF ~of Collier County, Naples, Flonda, hereinafter referred 1o as "CCSO" and .,~~__~__ , Florida, he,-einaft ~r :';' '~---. ~_ -'.. to as "CONTRACTOR", both of whom shall be referred lo as the "PARTIES". WITNE$SETH: ~ WHEREAS, the CONTRACTQR desires to obtain special I. aw Enforo~J~ent Services st: ~/~,/.. )~ /,~ i/~/ /~z~, p../.-.u/~__ ?~o~.~...~.~/_RPo/r'/'" for the purpose ~ (identify event, if any)... -- --/cc ~: 5 '7'" - ' - ~ J.--- - - - - - .... "in Collier County. Florida. and; WHEREAS. the CCSO has agreed to render to the CONTRACTOR professional law enforcement service, and the CONTRACTOR is desirous of contracting for such services upon the terms and conditions hereinafter set forth; and WHEREAS, the CONTRACTOR is desirous of providing Law Enforcement Services through a contracluat relal~onship with CCSO; and WHEREAS. ~l",e Shedff hereby agrees to provide such security and law enforcement as provided herein: NOW, THEREFORE, in consideration of the sums hereina~er set forth and for other ;oDd and valuable c~r~<..i=.~erations, lhe receipl and legal sufficiency of which are hereby acknowledged, ~t is ~eret:,y agreecf as follows: 1 3 For the purpose above, the Sheriff shall provide to the Contractor ~ (# oP.., :ertified Deputies at the place captioned above, between the hours ot 4.:,~ ?~'~ and ID: ~'/~1 on lrdaleCsH. A Io _c:1 s.,-~.ed..;!.=. of specific assignments for Deputies assigned under this ~<.];ee?'~.~nt ~s attached hereto and marked "Exhibit A.~ ,.~ F~ Such ~aw enfOrCement Deputies shall perform normal law enforGemenl duties to provide for the heallh and security of persons in the immediate area of the above, captioned event or location(s). ,~l a;I times pertinent to this contract, the law enforcement Deputies shall be ass,gnarl by and remain under the control of the Office of lhe Sheriff of Collier County, Don Hunler, Shedff. Ownership and maintenance of eou,pn~ent used in Special Details are the responsibility of the Collier County Shanks Office and equipment assigned lo · Deputy for use in the regular performance of duties shall be used during this Special Detail. All e<au~pment remains the responsibility of the assigned Deputy and owr;ers.h,H:, remains with the Collier County Sheriffs Office. S£P 2 8 999 The Ccr. t~actor shall pay as mnd,caled under "F.na-;.a~ Anange,m. enl$" to the Off, ce of the Shentf of Coq~er Counly the actual cost tO the Agency of l~e DeC~y's bme and c~e-half hou~y rate (o~e~ime). ~o (2) hour mm,m~ mclud,ng all applicable Agency expenses such as FICA and wo~er's comc~nsation coverage commensurate w;th the c~e~t Cay plan The est.rraled mmimum total, based on now available information, is $_ $ 21.9o to _~.Q,_6.O_]3~: subject to final accounting. The estimated maximum total, bared on now available information, is $. , subject to final accounting. If Ihe contracl requires vehicle patrol, the Agency shall be pa,d ~ ~ per patrol mile, per vehicle. The b,~L~nce remaining, if any, shall be invoiced to the Contraclor upon a final time and mileage accounting being completed by Ihe Sheriffs Office, and st-:~lt be paid by the Contractor within five (5) days of receipt of the invoice. F!..N_A..N._C/AL ARRANGEMENTS: .......... Full Payment in Advance 50% Deposit Required 5 The Contractor hereby agrees lo indemnify the Sheriff against lny and all cia,ms against the Shedff or the Office of the Sheriff of Collier County, ar'..5,~g out of Ihe use of the certified law enforcement Deputies. from ~,hatev~r source or cause, excepting only the negh(,}ence of the Sheriff or h,$ Depulies. 6 The i:,a.mes agree that the serwces proviCed for herein a~e nol a (.~;.~.'an'.~e of the hea!th and safety of the patrons a~tendir, g the above. ,:;a~:::~¢.*ed evenl, but tl is the provision of regular law enforcement services cr~mrT, Only supplied by the Office of the Shenl~f to the c~hzens of Coll.'er ~: ;~,.:r~:~' according tO policies established by the Shentf. 7 'the i: ,:~ ,"l ,e s agree that in lhe event of an off-site emergency requiring the se~.~ces e!sewhere of the law enforcement Deputies provided herein, lhal ti.<: Sheriff may be required to remove the Depu',e's Io meet any such emergency, without penalty therefore, and such removal shall not be ~ee.med a breach of this Agreement. 8 Law enforcement Deputies provided according to Ihe terms hereof shall ~e pa,cl according to the regular payroll procedures of the Office of the Shenff, and no funds shall be transferred from the Contractor to any law ec, forcement Deputy, but such funds shall be paid d;rectly Io the Office of ,be Shenff of Collier Counly. 2 S£P 2 ~ 1999 IN WITNESS WHEREOF. Ihe PARTIES herelo exe:~,:e this ~n$lrument on t,".e,r beha;f, at the da',es set foclh ~e:ow. COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Shecff of Collier County Approved as to form and legal su~c~ency subject lo execution by the PARTIES CONTRACTOR BY AddreSS Telephone Number C~ty Stale LT. JEFF COX ~! IAIT TAMIAMI COLLIER ]S£P 2 8 ~999 A TEO ZACCHINI & SONS 1208 N. Orange Ave. Sarasota, FL 34236 Telephone (941) 953-3466 Fax (941) 955-6125 SEP 2 8 1999 September 10,1999 Collier County 2800 N. Horseshoe Dr. Naples, FL 34104 Gentlemen: Regarding the Italian American Club of Naples Carnival to be held in November, 1999, our company will be providing the amusement fides at the event. The owners of our company, with social security numbers are as follows: Teo L. Zacchini 267-04-6837 Leslie M. Zacchini 265-39-7654 If you need additional information, please contact me at (941) 953-3466. Thank you. Sincerely yours, ~ Leslie M. Zacchini COLLIER CouNTy BUSINESS/OCCUPATIONAL' LICENSE APPLICATION ...'""~d~e Check Payabk to: Collier C~/ SEP 2 8 1999 Caulk ONE: · ' Olt~tnal Application ClMsi~ication ---= Tr&rlsf~' oft.icense ~ / . 0~0._~ Renewal of Licx:nse # o~l,'~io,~l'X~en~:___ .., 2a) Es ~I~I~NCE US£D AS ~ OFFICE - / Y~ .... ~ No St~ ---C~ . . Zip 7) ~O*L ~o~ O~ ~~: __lMidd~ P~op~eora~p ~Pmn~a~p ~Co~r~ 91) ~[~L ~[,O~ ~ENT~CA~ON NO. OR S~L S~C~ NO. ! I) ~ ~ ~oP~ ~. ~) Remal units (mote~ot~apts,) number ofu~ts: b) S~tin8 c~pa~ (r~.l~etc.) ~ of ...... c) Number af ~in-o~t~ m~ o~ ~ ~ss'~ 12) 8TA~ LIC~S~ OR ~R~CA~ ~J~IR -Must have phoM copy of stale little for (12s, ~ ~ or d) (JND£R PENAi..:~t~:S OF I)ERJUR¥, ! I)I:CLA~AT IHAVE REAl) TH~ FORGO~I6 DOCUMENT AND THAT 'l'ffK F4 (."TS STATED IN Fl' ARE TRUE 7'0 THE lEST OF MY KNOWLEDGe. ***** THIS UCltNSl; IS NON-REFUNDABLE FOR BUBIN~.$ STATED LIMITED USE LICENSE AGREEMENT SEP 2 8 1999 LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA AND NAPLES ITALIAN AMERICAN CLUB, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR PARKING. This Limited Use License Agreement entered into this ~ day of ..~ ,1999 by and between Collier County, a political subdivision of the State of Florida, whose' mailiffg address is :t301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County", and Naples Italian American Club, Inc., a non-profit Florida corporation, whose mailing address is 7035 Airport Road North, Naples, Florida 34145, hereinafter/referred to as "Club". WHEREAS, thc Club requests thc use of County-owned land for the purpose of overflow parking for the Club's annual Carnival which is to be held on November 4, 5, 6, and 7, 1999. WHEREAS, the County is willing to approve the use of County-owned land for such purposes; NOW, THEREFORE, BASED UPON THE IVFJTAL PREMISES, HEREIN, THE PARTIES AGREE AS FOLLOWS: I. The County hereby approves the use of County-owned property identified as the vacant grassed area to the east of the Animal Control facility located at 7077 Airport Road North, Naples, hereinafter referred to as "Property", for the purpose of parking cars for the Club's annual carnival. 2. The County approves thc use of the Property by the Club for the following: On November 4 and 5, 1999, between the hours of 5:00 p.m. and 11:00 p.m.; on November 6, 1999, between the hours of 11:00 a.m. to 11:00 p.m.; and on November 7, 1999, between the hours of l 1:00 a.m. to 9:00 p.m. 3. Thc Club shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with the intentions of this Agreement, such responsibility not being limited to trash collection and clean-up of the Property. The County shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Club shall acquire any and ali permits required by Collier County and any other governmental entity to conduct such 'an event and'related activities on the Property. The Club shall post a Four Hundred and No/100 Dollar ($400.00) cash bond with the Real Property Management Department by October 18, 1999, to insure adequate clean-up of the property at the termination of this Limited Usc License Agreement. It is understood and agreed that this bond is not intended to replace the Club's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, thc Club will provide to County, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Club 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 Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Ail alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as aEached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so directs, the Club shall promptly remove thc additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Club, and repair any damage caused to the Properly by such removal. 6. Thc Club shall provide and maintain general liability insurance policy(les), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during tho term of this Agreement. Such insurance policy(its) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to October 18, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County o/o County Risk Manager in the event of cancellation. 7. This Limited Usc License Agreement shall be administered on behalf of thc County by and through the Collier County Real Property Management Department. September 28, 1999 Item #8A2 BOB TOWNSEND OF MAYFLOWER CONGREGATIONAL CHURCH OF CHRIST FOR A WAIVER OF A TEMPORARY USE PERMIT FEE FOR SPECIAL EVENTS SIGNS - APPROVED Next, Bob Townsend of Mayflower -- COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A3 REPORT TO THE BOARD ON THE HOUSING ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - REPORT ACCEPTED And then what I think is going to be an exciting, a thrilling, a perk-up, because this is great news that's going to be coming with our housing element report. Mr. Mihalic. MR. MIHALIC: I don't know if I can stand that buildup, Commissioners. For the record, Greg Mihalic, director of housing and urban improvement. We're before you today to discuss the housing element of the Comprehensive Plan. I guess I'd like to mention first that this is a really a new housing element. This is not like the other elements that you've seen that are 10 or 12 years old, but we re-wrote this element in 1997. And it's a joint element with the city of Naples, which is pretty unique in the State of Florida. But we'd like to come in front of you anyway and talk about the housing element. At the end of the presentation, at the end of the housing discussion, we're going to have -- we'd like to present a multi-departmental program that we're hoping to deal with some of the housing situations in Immokalee at the end of that discussion. So I guess I'd like to walk you through some of the goals and objectives of the housing element. Basically our housing element strives to provide safe, decent, sanitary and affordable housing for all residents in Collier County. And it's obviously a strong measure. Some of the ways that we help to do that are to try to measure how much affordable housing we're providing. And if you'll notice that we said to the state, we're going to provide 500 units a year, and last year we provided over 1,000 units. I don't want to tell you that the measure of our success in affordable housing is the Comprehensive Plan, because it's not. These are minimal things that we said we'd do with the State of Florida. We really need to look at other measures to try to talk about how successful we are with affordable housing. Page 24 September 28, 1999 We also said we would create a nonprofit housing development corporation by 2000. And this has not gone as well. But basically we're outreaching to work with some of the nonprofits that exist in Collier County. Over the next few months we'll be bringing you a letter of credit loan to Habitat For Humanity to let them double their developmental activity, using some of our SHIP funds that's allowed in the present housing assistance plan. And probably in November, December, we'll be bringing you that proposal. We are working with Friendship House in Immokalee, who has a proposal with the state to develop farmworker housing for approximately 300 single farmworkers, that they are hoping for state funding for that program. We're working with them. CHAIRWOMAN MAC'KIE: Say that again? MR. MIHALIC: Yes. We're working with Friendship House in Immokalee with the State of Florida to develop farmworker housing for 300 beds for individual single farmworkers within the Immokalee community. And this would be funded in part by the State of Florida, who has application with the federal government now for some emergency funds to ease farmworker housing, and part of that will be directed toward Immokalee, we hope. We hope within the next month to hear about that federal grant that the State of Florida has an application for. We also are working with several other developers in Immokalee. As you know, Farmworkers Village just opened 35 new units of farmworker housing at Farmworkers Village. And their application is pending for an additional 45 units that they have an application for, and the Rural Economic Development Administration is looking at funding that. We also want to increase the amount of funding available for preservation and protection of our neighborhoods. And, you know, we do this through our SHIP program, we do this through rehabilitation loans that we offer, we do it through activity with code enforcement. I must say that, you know, the Code Enforcement department does about 24,000 inspections a year. A little over 20,000 of those deal with a residential property in some way. So we really have really a good outreach program, and we know it's on a complaint basis, to reach out to those housing problems that exist and assist in those problems that fit within the state guidelines that we have with our programs. And we do about 40 single-family rehabilitations a year. And in conjunction with our down payment and closing costs, we do about 250 we call them fix-it jobs. When they get a down payment and closing cost loan, there's an additional $2,500 at zero interest and deferred payment that those first-time home buyers can use to fix up their house that they purchased. The county has reviewed building standards and building code requirements to encourage the conservation, maintenance and rehabilitation of historically significant structures, and that is going on now, Commissioners. We reviewed our building codes to be sure that they're in Page 25 September 28, 1999 compliance with state and federal regulations, and that we will provide accessibility for group homes and foster care facilities that are licensed and funded by the State of Florida. And we also are looking to our mobile home parks. The State of Florida really, through their funding, does not allow us to use our SHIP funds for mobile home parks. And mobile home parks are a particular concern in Florida because of the hurricane and some of the other issues that are dealing with mobile homes that don't fare as well in emergency situations. So as part of our element we say well not site those in the urban area. And again, none of our funding is directed at this time toward rehabilitating mobile home, and that's by state statute. So those are some of the objectives and some of the issues that we have in our joint housing element. Now, I must say, you have to remember that the Department of Community Affairs has not accepted this element. We passed it a few years ago. We're still in negotiation over some of the farmworker migrant issues. But that's the way the housing element goes together. But I'd like to show you another element that's really outside this. CHAIRWOMAN MAC'KIE: We need to tune in on that a little bit more, if you can. It's not readable for me, anyway. COMMISSIONER BERRY: Even with glasses it doesn't help much. MR. MIHALIC: The graph is probably the most important part. CHAIRWOMAN MAC'KIE: It was better before. Thank you, Bob. MR. MIHALIC: What I'm putting up here, Commissioners, this is really a chart that we have charted single-family home sales in Collier County over the last four years. And we sort of juxtaposed those sales under $80,000 with the sales above 250. And this is both new and existing sales. And you'll notice that in 1996 in the county we had 1,721 single-family home sales that were under $80,000 per year. Last year we had 781. CHAIRWOMAN MAC'KIE: No, last year we had -- oh, I see. MR. MIHALIC: That's the blue column, 781. CHAIRWOMAN MAC'KIE: I was hoping it was going the other way. MR. MIHALIC: No, the other way are the 250,000 and above sales. CHAIRWOMAN MAC'KIE: Not a shock. MR. MIHALIC: And they've gone from 623 in 1995 to 1,422. So the market is reaching away from us. Yes, Commissioner? COMMISSIONER CONSTANTINE: Quick question there. Because, you know, somebody who is moving into a house that is hopefully is going to stay there and take care of that house. So if somebody moved in in 1996, and you had a surge that year, would you necessarily expect to see that number constant or growing every year? MR. MIHALIC: We think the '95 and '96 number are reflection of the financing programs that we put into place at that time that allowed people with low down payments to be able to buy houses within the county. So I think that's approximately the demand we would see if the product was available in this market. Page 26 September 28, 1999 Before '95, it was difficult to get a low down payment mortgage in this market for people to have -- who didn't have a lot of down payment to be able to buy a house. Again, that's been rectified. We now have programs from almost all the banks in the Collier County banking consortium to provide those mortgages. So we think this is a reflection of product. Yes, Commissioner? COMMISSIONER CONSTANTINE: Follow-up question two is considering the market and the increase in your typical real estate -- piece of real estate in Collier County, have we factored in -- I know the answer to this is no because we've used the constant 80,000 on this chart. But could we do the same chart factoring in whatever the typical inflation on homes are in Collier County, so that maybe the value of an $80,000 home in 1996 is now $88,000 or $90,000? MR. MIHALIC: That's true. But we deal with first-time home buyers, commissioners, who have earnings, who have wages, and the wages are going up approximately three percent a year. So the average wages in Collier County are now $26,000 a year, which means those people can buy approximately an 80 to $85,000 house. COMMISSIONER CONSTANTINE: My point is the same. And if you go with three percent a year, then what you could afford as 80,000 in 1996 would be roughly 85,000 now. MR. MIHALIC: Yes, it could. COMMISSIONER CONSTANTINE: So that range -- is there a way for us to measure that taking that into account? MR. MIHALIC: Sure. COMMISSIONER CONSTANTINE: And maybe it wouldn't change dramatically anyway. MR. MIHALIC: We can factor in whatever proposals you want on this chart. But I think the range between 80 and 250 shows you which direction the market is trending, anyway. CHAIRWOMAN MAC'KIE: And 85 to 250 is not going to be much different, anyway. MR. MIHALIC: Well, 85 will produce a few more houses. CHAIRWOMAN MAC'KIE: Not a lot. MR. MIHALIC: In our housing element and in our agreement with the City of Naples, we track all urban area permits that are $80,000 or less, and they have diminished over the last few years. We also track all sales in the county, throughout the whole county, that are 70,000 and less, and that has gone down dramatically over the last few years. COMMISSIONER CONSTANTINE: Do we -- when you said all that are 70 or less, does that mean we don't track a sale of an existing home that is $80,000? MR. MIHALIC: Not for those particular guidelines, no. We track it here but we don't track it there. COMMISSIONER CONSTANTINE: We do -- okay. MR. MIHALIC: I guess I'd like to answer your questions or talk about affordable housing in the direction that you'd like to see it go. And this brings up some issues, like the impact fees and the way Page 27 September 28, 1999 the impact fees are going. We waive and defer impact fees. There's been some discussion about tiering impact fees like are done in some counties or small houses, houses that don't have all the amenities of larger houses, have much lower impact fees than more luxurious houses. You cannot put -- levy impact fees by value, but you can levy it by other factors that relate to value but are not value related. And that's some of the things that we're talking about now as the impact fee studies are going on. CHAIRWOMAN MAC'KIE: But surely while we're doing these impact fee studies the board would agree to look at what legal options are available to us with regard to a tiered system of waiving impact fees, waiving just meaning that, you know, they get paid by the general fund, because that's what we do every time. But if we don't do something to turn this trend and make some kind of affordable housing available for the people who work in this community, I don't know where we're going. COMMISSIONER CONSTANTINE: See, I don't mind if we're exploring the Immokalee community, there's a shortage and so on. But, you know, I look around my neighborhood in Golden Gate. We don't have a lot of $250,000 homes in my four square miles. And so I don't know how many of those fall above and below the $80,000 line, but I can tell you we don't come anywhere near the 250,000 line. So when we say gosh, we don't have any affordable housing, I look at four square miles that is completely working class. We go to Naples Park and there are thousands of homes that are completely working class. And they may be 85,000, may be 105,000, I don't know, but they're reaching out to those people. You go to the Manor, you go to different sections, so -- CHAIRWOMAN MAC'KIE: It sounds like the information -- now I'm understanding the questions you were asking before, because it sounds like, Greg, what I'm hearing is the truth is that there are -- there is housing available in this community for 120. MR. MIHALIC: There's housing available for 80, commissioners. We're helping those people. I mean, we helped three to 400 people, those are first-time home buyers, with down payment and closing costs. So it's happening. I'm not suggesting there's none out there at all. CHAIRWOMAN MAC'KIE: Of course. COMMISSIONER CONSTANTINE: The first-time home buyer I don't mind helping. The -- I get a little concern, you know, because of our HUD stats, it's skewed here because of the high income. I think we've got to be really careful as to who it is we're trying to help and make sure those numbers don't get thrown off. But one of the directions we have taken, I know we've said we'd like to stress single-family homes and home ownership, and I want to make sure we stay on that and perhaps emphasize that even more as opposed to apartments, you know, and affordable condos, or whatever those happen to be, because I think you're dealing with a different thing. And I think there may be something to -- there's certainly Page 28 September 28, 1999 something to your point that we had some incentives in those years and those numbers were up. But I think there's also something to if somebody moves into Golden Gate, they're working for the Sheriff's Department, we're talking about salaries. They've got a $30,000 a year salary, they move into Golden Gate. Hopefully they're not looking to buy another home two years later. Hopefully, they've invested in that home and taken care of that home and so on. And I want to do what we can to encourage those single-family homes much more. I'm only lukewarm on the impact fees or the sliding scale of impact fee waiving because that does come out of the general fund. We've got to pay that one way or the other. And the thing we've got now for ourselves on is trying to keep up on roads and trying to keep up. We've said we've got the shortage and we're considering putting a sales tax on the ballot because we've got to pay things and we've all said well, gee, maybe impact fees should pay more. If we lean on the general fund, then that's the general taxpayer paying more. And so I don't know what the answer to that is, but I think when we try to put in contacts to all the different issues we deal with here, that's kind of a scary concept of floating that out in the general fund. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Greg, do we have any ideas, if you were to build houses, how -- what about the land cost in relationship to being able to -- do we have anything in mind where we could build these -- if we were to build houses, where could we build them, what's available within the urban area? MR. MIHALIC: No, it is very difficult. Because of the land cost, you cannot build an affordable house very easily in the urban area. The lots are just too expensive. I mean, most of the new construction we see is really taking place in Golden Gate Estates. And the farther out in Golden Gate Estates we go, the more inexpensive the land is. And you can still find a lot for 6 or $7,000 in far out Golden Gate Estates. And we are helping a lot of people buy those houses. If it's a first-time home buyer that meets our criteria, and that's a family of four that makes under $47,000 a year, they get some impact fee incentive. A family at that level, would be a 75 percent deferral of their impact fees. They would also receive $2,500 in down payment and closing cost assistance. So to that homeowner, that's probably 65 to $7,000 toward that purchase that we are lending them at zero interest with deferred payments. People are doing that. I mean, that's a popular thing and we're doing it all of the time. CHAIRWOMAN MAC'KIE: That's a wonderful program. MR. MIHALIC: And that is really the kind of programs we have. We are focused on home ownership. On the rental side, other than some nonprofit rental assistance, we give impact fee deferrals for six years to multi-family developers. We put no money into that. No real money into that from our SHIP Page 29 September 28, 1999 money or from any other source. CHAIRWOMAN MAC'KIE: Which is the good news, when the rents on those things are $700 for a single-family -- I mean, for a one-unit, one-bedroom apartment. MR. MIHALIC: And that comes back to what Commissioner Constantine was talking about where these rents are based on median income. CHAIRWOMAN MAC'KIE: Right. MR. MIHALIC: Our median income is $60,000 here and our average wages are 26. That's tied up in IRS regulations and the tax credits and everything else and it's not going to change. But even those developments that I negotiated and brought to you three or four years ago that have at least 20 percent very low income, those rents are skewing up at 9 or 10 percent a year because of the rate of our median income increase. And I'm afraid I don't have any answers to that. That's the way it is. CHAIRWOMAN MAC'KIE: Greg, I had one idea that was proposed to me by Habitat for Humanity people, when you talk about in the urban area where might we be able to do something. Where the county has these lots with all the mowing liens on them, you remember Lorenzo Walker brought us one? If that might be a place where the county would be willing to waive those mowing liens if Habitat built a house on that lot. I'm real interested in having the staff pursue that as a possibility, that like we waive impact fees on projects, we would waive the mowing liens specifically for Habitat houses or for some kind of not-for-profit organization, that kind of thing. COMMISSIONER NORRIS: That may work, but you'd have to be extremely careful about -- CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER NORRIS: -- on a case-by-case basis, because you certainly wouldn't want to go into an area where they have 120 to $200,000 homes and just because there's a lien on it put up a Habitat for Humanity house. I mean, you really -- CHAIRWOMAN MAC'KIE: Heavens, no. COMMISSIONER NORRIS: -- don't want to get into that sort of thing at all. CHAIRWOMAN MAC'KIE: But, you know, staff has done such a good job of carefully guarding that impact fee waiver process that maybe they could structure something similar for, you know, the lien waiver. MR. MIHALIC: A few years ago we tried to acquire some of those lots that have lien waivers against them, and I must say it was one of the bigger failures that I've been involved in. Because what we found is that so many of them, the liens are more than the value of the property. And that's what Mr. Walker was telling you about. He wanted to give it to you, but you find out that it's really not cost effective. There's obviously a long-term perspective where you're putting this back on the tax roll. But in the short-term, if these lots were upside down, that is, more -- Page 30 September 28, 1999 CHAIRWOMAN MAC'KIE: Right. MR. MIHALIC: -- was owed against them than they were worth, they would be sold and they would be built on. CHAIRWOMAN MAC'KIE: And so my suggestion is, is that the county would waive those liens and the property -- on the condition that the property be donated to Habitat for Humanity or a similar organization who would build housing. MR. MIHALIC: That would certainly help with the economics. CHAIRWOMAN MAC'KIE: I wish you could look into that. It sounds like there's support for at least looking into that. MR. MIHALIC: Any other housing questions? CHAIRWOMAN MAC'KIE: No, I want to talk about Immokalee. MR. MIHALIC: Okay. Mr. Cautero is here to talk about a multi-departmental program in Immokalee. CHAIRWOMAN MAC'KIE: This is one of the most exciting things I've heard about coming out of county government in a long time. And I even thought about this morning, you know, I've been kind of dubious about this every other week meeting, not sure if it was really worth it. But if this is the kind of ideas they come up with when they're not sitting in here every Tuesday, then here's a -- that's a darn good use of their time. This is wonderful. MR. CAUTERO: Good morning, Commissioners. Vince Cautero. CHAIRWOMAN MAC'KIE: You need to help him with that visualizer, Bob. MR. CAUTERO: I will give you the condensed version of a program that we've been talking about for some time now, and we've discussed with you and Mr. Fernandez individually. Staff from four departments in our division -- planning, building review and permitting, housing and urban improvement, and code enforcement -- wish to undertake a program called the Immokalee Housing Strategy, which will implement an objective and specific policies in your Growth Management Plan. The program consists basically of two phases: Phase I would consist of a comprehensive assessment of all substandard units in Immokalee, which we estimate to be in the range of 1,200 to 1,400 single-family, multi-family, and mobile home units outside of mobile home parks. We plan to work with property owners through various funding programs through the auspices of the Housing and Urban Improvement Department to have these units either repaired, rehabilitated or removed. We would like to model it after Habitat for Humanity's programs in which the homeowners are expected to do some of the work for areas that are non-permitted; carpentry, tiling, painting, those sorts of things. We would prioritize each of the housing code violations. The most serious ones we would deal with first, the life, health, and safety issues. And the last item that we would prioritize would be density. And there'd be some issues in between, including nonconforming status. Page 31 September 28, 1999 That is a condensed version of Phase I. We can get into some more specifics in a moment. Phase II is a little bit more cumbersome, in my opinion, and is more problematic. It deals with the nonconforming mobile home parks. We estimate that there are over 95 of those. We have about 40 of them listed. So we have less than half in our data base. What this would involve, again, is work from those four departments that I mentioned earlier. We would identify those, bring them forward to you to talk about the density of those mobile home parks, which is a problematic issue. You've heard from some property owners several months ago prior -- I believe it was prior to your Town Hall meeting in Immokalee where those homeowners owners appeared and talked about the fact that they need those densities or they wished to have those densities which are currently nonconforming. CHAIRWOMAN MAC'KIE: Vince, I'll just jump in on that for the three who weren't there. When Commissioner Berry and I were there touring the area, what we heard straight on from the people who own these mobile home parks is that they can't improve these health and safety problems, because once they come in they get told all the other violations that they have, primarily density. So that if they want to improve the electricity or the plumbing, they get told well, but you're going to have to take out half your trailers. So what do they do? They lay low. They try to not get anybody's attention. What I think needs to happen is we need to have a program whereby we exempt them from some of those density issues, if it's not a health and safety question. Maybe the density in those mobile home parks is appropriate for the area. And maybe we do a zoning overlay or whatever is necessary to make them not be afraid to come in and improve the health and safety problems. Because density is what they're afraid they're going to lose. COMMISSIONER CARTER: Commissioner, I don't have a problem with them on the density issue, but I have a big issue with them on health and safety. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CARTER: So if we can work with them, whatever is proposed by staff, to begin to make that process work, I certainly could support that. MR. CAUTERO: What Commissioner Mac'Kie just said is covered under the first two bullet items. We would bring that information to you after the research is conducted and tell you what the densities are and make recommendations to you on what might be an appropriate density based on health and safety issues. The code enforcement action then would involve, once the site plan is approved and an appropriate density is established -- let me come back to that in a moment. The code enforcement action would involve removing the substandard units. Greg is working on some programs where those owners could apply for grant funds to replace those. Our role would be limited to the code enforcement action and working with them on site plan approval. Greg has some funds available through some programs now where Page 32 September 28, 1999 two-thirds of the cost of site improvement plan fee could be paid for and they would be responsible to pay for one-third of that. We believe that would be an appropriate role we could play to have the site plan legal, if you will, and then the appropriate density applied, making them a conforming use, and amending the plan in Immokalee may be required. And then the other issue would involve them removing the substandard units and replacing them. And if they wish to seek funding to do so, we would help them in obtaining that funding or leading them in that direction, if available. CHAIRWOMAN MAC'KIE: And again, Commissioner Berry, I know you'll remember that what they told us is they're overwhelmed by the bureaucracy of this whole site planning process. And if what staff is going to do is help them with the plan and get the professionals two-thirds paid for through some grant process that does not include county money, that's a real practical step in the right direction. MR. CAUTERO: Finally, Commissioners, the program would involve existing staff resources that you have already budgeted in the new fiscal year that takes effect Friday through those four departments. We will bring you periodic updates. We anticipate this program, at least in the beginning of Phases I and II, would take the better part of the fiscal year 2000 budget. We would bring you an update at least at budget time, no later than that, and periodic updates after that. If funding is needed for fiscal year '01, we would recommend that the community development fund reserves be used for it so that the cost of the taxpayers would be minimized except for the staff that already exists in comprehensive planning and housing and code enforcement. And I believe it would be important to state for the record now to make plans or to at least get your comment that if the program is successful, a full-time presence in Immokalee is needed. We're just COMMISSIONER BERRY: Absolutely. MR. CAUTERO: -- not going to be able to do it with one, two or maybe three staff members driving from Naples. The staff members that we would recommend to you, and if you are amenable to approving them in the '01 budget, we would recommend that an office be established for the staff in Immokalee in an existing building, preferably. Mr. Fernandez even came up with the idea of possibility utilizing either through purchase or rent a building that is in need of repair, and we would be able to, quote, put our money where our mouth is. CHAIRWOMAN MAC'KIE: I love that idea. MR. CAUTERO: Another option would be a site at the airport to tie into the programs there. What this program does, it accomplishes two things: One, it implements your objectives and policies of Growth Management Plan, first and foremost. Secondly, it dovetails very nicely with the work that the Community Foundation is doing on behalf of the newly created Page 33 September 28, 1999 Empowerment Alliance of Southwest Florida, who had their kickoff last week, and also the Governor's initiative on creating additional housing for migrant farmworkers in the Immokalee community. CHAIRWOMAN MAC'KIE: And guys, they're doing it without asking us for an extra nickel. COMMISSIONER CARTER: Well, what I like is -- what you're saying, Vince, is that we're working with the landowners and homeowners on compliance. That's the first objective with any flexible plan to get there. The second part of that is, if they don't come into compliance, then we work on the code enforcement side to get rid of those who are not willing to participate in a reasonable program. And you're going to establish a presence in Immokalee, and I think that's what we need to do. MR. CAUTERO: What you said, Commissioner, is absolutely correct. Just one more point of emphasis. We don't want people to believe that or think that this program is a continuation of what we have called at our staff meetings as a Band-Aid approach. We're talking about a sweeping program where we do our very best to identify all of the units which we anticipate would take at least one year, hopefully not longer. We're talking about over 1,000 single-family and multi-family units in Phase I and over 90 mobile home parks. I don't know how many units are in those 96 mobile home parks. We'll find out. CHAIRWOMAN MAC'KIE: Vince, what's a reasonable goal besides the inventory for the first year? Well, inventory and -- maybe if you put that Phase I back up there. MR. CAUTERO: Sure. A reasonable goal in Phase I could be the prioritization of those violations that have occurred or that are occurring, and then funding for the most important one, which would be life and safety issues, and having people on their way through Greg's department to work on rehabilitating, repairing or demolishing those units. COMMISSIONER CARTER: So within a year, Vince, you think that we can accomplish this, the assessment, prioritization and funding? MR. CAUTERO: Hopefully for Phase I. My goal -- my ultimate goal is to achieve everything in Phase I. But I think the first year we may just be able to complete the inventories and assessments of Phase I and II, which is the mobile home parks. In an attempt to answer Commissioner Mac'Kie's question, if we could go beyond that, if we had time, we could then move into prioritization and funding to have people on their way for at least a single-family component and perhaps some people in Phase II. They'll bleed into each other, the two phases, I should have said that. Phase II, which is the mobile home park inventory and assessment, if some of those property owners are willing to work with us and have the site improvement plan submitted and approved, that would also be, I think, an achievable goal in the first fiscal year. We're not expecting sweeping changes to the units themselves and replacements in the first year. If we can get a piece of that in fiscal year 2000 budget, I'd be very happy. Page 34 September 28, 1999 COMMISSIONER NORRIS: Yeah, that is a great project. I commend the staff for coming forward with this. I'd like to say I'm supportive of them going forward with this, and would also like to say I'd like to see them get a building to rent on Main Street, put a coat of paint on it. Maybe some other buildings will follow, another several empty buildings there that they could use, some smaller ones. CHAIRWOMAN MAC'KIE: Maybe that's a year 2000 instead of a 2001 project. Commissioner Berry? COMMISSIONER BERRY: That's fine with me. I think initially, you know, it all -- this all sounds great and it sounds like oh, this is just going to work, you know, like clockwork. I think you have to be realistic, too, that when we start doing some of these things, there may well be some feathers that get a little ruffled. At the same time, I think this idea of working with Friendship House is able to carry forward on their plans. You have to be very careful. And I know -- and I have to be careful how I say this, but if you displace people, you can't put them out on the street. You've got to be careful about what you're going to do. And that is a problem in the Immokalee area. And we have been criticized about not cracking down on some of these what most people would look at as severe code violations. But you have to look at what is code enforcement? It's trying to bring the people into compliance. It's not slapping them with penalties, it's trying to get them to do and get things up to a better standard. But at the same time you do this, we saw conditions over there, Commissioner Mac'Kie, that were, in my opinion, pretty deplorable situations. Some of those aren't going to be able to be fixed, you know. They are not going to be able to be remedied. The only thing that they're going to be able to do is get rid of some of those units. At the same time, you've got to have a place then that these people can go and have a place to live. So I think working with Farmworker Village currently and working hopefully with Friendship House and hoping they can get this thing up and rolling, that's kind of a unique project in and of itself, which I am extremely supportive of. I think that these things can work. It's not going to be an overnight fix, but then it wasn't overnight that this has all happened either. COMMISSIONER NORRIS: That's true. And your comments are well taken. But I need to point out, at the risk of perhaps ruffling somebody's feathers, that the tenants are not blameless in the conditions of -- COMMISSIONER BERRY: That's true. COMMISSIONER NORRIS: -- some of these housing units. I think if the county is going to go forward and endure the slings and arrows of what -- you know, that we will receive because of displacements and so forth, I think we need to make sure that the property owners are going to be on board with us, at least to the extent that they have some mechanism in place to try to help keep their property up and not let Page 35 September 28, 1999 the tenants destroy it, as has happened so frequently in the past. I'm not sure what mechanisms you can use but, you know, the property owners themselves are going to be responsible for that. We can't do that from the county's side. But we're going to need that, or else, like you say, five or 10 years from now we'll be back to the same position with trashed housing units out there and all of this will be for naught. CHAIRWOMAN MAC'KIE: What's the mechanism -- or have you thought this far yet about how to communicate this to the Immokalee community? I mean, are you going to put together some kind of a little brochure or somehow communicate? MR. CAUTERO: We would do that. And we would certainly try to do it through a series of public meetings. There's enough activity that's going on between our various departments, especially housing and planning, where we might be able to do that and piggyback onto other meetings and other programs that we're working with and perhaps through the community foundation. I haven't really talked about that in detail with the staff yet, but I think there's opportunities to do that. If nothing else, a town hall meeting type function. CHAIRWOMAN MAC'KIE: I'm sure the board would like to see whatever you can put together that we can help disburse in the community, you know. COMMISSIONER NORRIS: I'm sure our court reporter would like a break. CHAIRWOMAN MAC'KIE: She would? Are there any other questions on this topic? COMMISSIONER CARTER: No, I just hope we -- I think there's consensus here. We totally support what you're doing, Vince, and looking forward to the Comprehensive Plan being put into practice. MR. CAUTERO: Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: Do we have to vote on this or do we just vote to accept the report or -- CHAIRWOMAN MAC'KIE: No. MR. MIHALIC: Accepting the report, Commissioner. COMMISSIONER BERRY: Accepting? CHAIRWOMAN MAC'KIE: Just information. Okay. Well, let's take a 15-minute break. We'll be back at a quarter till. And we're adjourned for a minute. (Brief recess.) CHAIRWOMAN MAC'KIE: We'll call the meeting back to order, the Board of County Commissioners, September 28th, 1999. You know, the court reporter says I talk fast. I'm shocked by that. And I'm going to try to slow down. COMMISSIONER CARTER: No, don't do that. COMMISSIONER BERRY: Not going to happen. CHAIRWOMAN MAC'KIE: That won't be easy. Item #8B1 Page 36 September 28, 1999 STAFF REPORT ON DISPOSAL CAPACITY AT THE NAPLES LANDFILL AND INCINERATOR OPTION FOR COLLIER COUNTY - STAFF TO EXPLORE VARIOUS OPTIONS INCLUDING A LOCAL INCINERATION PLAN AND ALSO INVESTIGATE PROPOSAL GIVEN BY DR. STOKES Okay, let's talk some trash. Who's doing this for us? MR. ILSCHNER: Good morning, Madam Chairwoman, Commissioners. For the record, Ed Ilschner, public works administrator. And I will be talking trash this morning for you. At the conclusion of your April 20, 1999 solid waste workshop, the board asked the staff to do two things: First you wanted us to investigate several landfill development options that would provide additional capacity at the existing Naples landfill. And the second was for staff to investigate the possibility of cooperating in a regional solid waste incineration facility, with the Lee County incinerator being probably the most likely opportunity. And this morning I'm here to brief you on the results of these investigations. Let me start with the options for gaining additional capacity at the existing landfill. CHAIRWOMAN MAC'KIE: As he's putting that forward, I just want to let the rest of the board know, we had asked staff to have this done earlier. They had it done earlier, and they were putting it on the agenda with some regularity, but with the length of the agendas we'd had lately, I asked them to delay it until today. I just didn't want you to think they hadn't done their work as they promised. MR. ILSCHNER: Thank, Madam Chairwoman. CHAIRWOMAN MAC'KIE: You're welcome. MR. ILSCHNER: Let me take you through the first existing capacity analysis or option. Let me direct your attention to your monitors. This is the existing landfill. Let me get you oriented. This would be the main entrance to the landfill, over to the right as I'm pointing. And the existing Cell 6 that you've heard so much about is represented here. And the green area represents two areas of cells either closed already or being closed or in the process of being closed. This is old Cell 3 and 4 which has been closed for a number of years. This is Phases I and II of Cell 6 that have -- is now in the process of being closed and sealed. And that will -- COMMISSIONER BERRY: Those are the ones that we're putting the caps on? MR. ILSCHNER: That's the one we're putting the cap on, yes, Commissioner. And that will, we believe, eliminate the migration of odors from that cap and of course from the site. CHAIRWOMAN MAC'KIE: Before we go talking about the expansion possibilities, could you just tell us briefly the status, when -- I met with the Waste Management folks and heard that this we hope to have done by the end of November. It's certainly -- COMMISSIONER CONSTANTINE: As soon as the weather cools down. CHAIRWOMAN MAC'KIE: Yeah, I agree with you, it's been worse lately. And I understand that's partly because of the work that's Page 37 September 28, 1999 being done. But tell us when we might see this. MR. ILSCHNER: Yes. The leachate collection improvements that are presently underway in this particular -- to prepare us for the final phase of Cell 6, has been completed. And now we are beginning to place MSW in that area. The other area that is of concern is the old cell areas. What are we doing there? Well, one of the things we had to do, first of all, was to put in place a dewatering system, because the gas collection system was being overwhelmed and not really running at a very efficient way at all to remove gas. So that dewatering system is now in place and will be operational I think within the next week. We also have the collection improvement, the gas collection system, also complete at this point and being tied in to the rest of the system. CHAIRWOMAN MAC'KIE: And digging in to put those wells in has probably made it worse over -- during the construction. MR. ILSCHNER: Yes, they're -- in fact, I've driven out there almost every day, or every other day, and because we are in that process of making these improvements to finally eliminate the odor, there is some odor escaping from the landfill. The installation of seven new gas wells is now starting and those should be completed by October the 15th. And then of course the permanent closure, talking with Mr. Bigelow yesterday, he informs me that all of the materials for that closure is on-site and the contractor has started the process in the rear portion of this cell in placing that material, that liner, that cap, on top of the landfill. We anticipate that will be complete toward the latter end of November. I think in our original report to the board we indicate rainfall could delay that process, but we certainly will be finished sometime toward the end of November, according to Mr. Bigelow and his current schedule. CHAIRWOMAN MAC'KIE: Then the status of the fans on the other part. MR. ILSCHNER: Yes, the fan system, the weather monitoring system and fan control system that work in conjunction with each other, is under construction. The weather station is now complete and operational. We're now working with our purchasing department on the contract to acquire and construct the fan improvements, which will provide the insurance, as we've indicated to you, and not allowing migration from the site, should any odor in the future develop. COMMISSIONER CARTER: What's our projected date on that? COMMISSIONER CONSTANTINE: Thank you. MR. ILSCHNER: Projected date on that is January, 2000 to be fully operational with t~e fan technology. CHAIRWOMAN MAC'KIE: So we're not going to know about -- COMMISSIONER CONSTANTINE: Until next summer. CHAIRWOMAN MAC'KIE: Yeah, frankly until next summer, Tim says. And that's probably true, because that's when the problems are the worst. But the systems will be in place by January -- Page 38 September 28, 1999 MR. ILSCHNER: Yes. CHAIRWOMAN MAC'KIE: -- but the most important piece of this system will be in by the end of November, assuming the rain doesn't continue to delay? MR. ILSCHNER: That is correct. And part of our odor control program, as you have been briefed, is, of course, the odor monitoring devices that we'll be placing in the area as well, to -- CHAIRWOM3LN MAC'KIE: And what's the status of those? MR. ILSCHNER: -- measure H2S. Correct. CHAIRWOMAN MAC'KIE: The status of those is what? MR. ILSCHNER: The status of those is that they have been placed on order. They have arrived. We will be having those installed by the middle of October, according to the latest projection. COMMISSIONER CONSTANTINE: And just to be clear, those measure H2S? MR. ILSCHNER: They measure hydrogen sulfide, yes, sir, they do. That's the gas that emanates from the landfill that you can smell. Methane is odorless and colorless. You would not be able to smell that. CHAIRWOMAN MAC'KIE: The reason all of that's important is before -- you know, as we're trying to make decisions about what to do with the landfill, whether it could be maximized, you know that every thought we have is contingent on the smell problem being solved, and MR. ILSCHNER: The proof will be in the pudding when we get all these things in place and evaluate over the following six months. I think next summer will be the test. COMMISSIONER CONSTANTINE: And that's one of the things I know different members of the board have disagreed on what direction we should head, but the one thing we have unanimously agreed on is we shouldn't do anything further there until we have that proof in the pudding, as you say. And so I -- you know, I hope it works. I have my doubts. But it sounds like in the year 2000 we'll find out. MR. ILSCHNER: We can only work hard to make sure it does. CHAIRWOMAN MAC'KIE: I wonder, if I could, just a couple of real practical points, too, on operational issues before we go further. With the -- this may be too practical to work, because we are after all talking about government. But gypsum board, as you've told us, is what causes the significant odor. That was the flavor of the week. But as I've been talking to contractors, an idea that was proposed to me was that we make the disposal rate -- we make the cost of disposing gypsum board so high that contractors are -- don't want to dispose of it in our landfill, and that their alternative is -- COMMISSIONER CONSTANTINE: To toss it on dead-end streets in Golden Gate Estates? CHAIRWOMAN MAC'KIE: No. This is apparently a really simple alternative. There's a four-inch space in interior walls that they put the extra gypsum board in there. All it does then is provide a little more sound insulation, a little more heat and cooling Page 39 September 28, 1999 insulation. And apparently builders are saying just sometimes they do that because it's easier. I wonder if you could look into that as a possibility, just encouraging, through the use of a high disposal fee, that we never have to bury this stuff. We've got those four-inch interior walls. I've checked with code enforcement, there's no problem with storing it, whatever you want to call it, inside the interior walls. Why not just encourage that? COMMISSIONER NORRIS: Madam Chairman, one -- dry wall doesn't smell. So once this landfill is encapsulated and dried out, it's not a problem. CHAIRWOMAN MAC'KIE: But deteriorating -- COMMISSIONER NORRIS: Let's just go on. CHAIRWOMAN MAC'KIE: I appreciate that, but I've got a little idea, I want to ask about it. So would you look into that, Mr. Ilschner, and see if that's a possibility? I've heard -- I've spoken to Mr. Bigelow. He says it is a possibility for him, these contractors who say it sounds like a real practical idea, and then our code enforcement people said there's no problem with doing it. MR. ILSCHNER: We can work with our own staff in code enforcement, building inspection, and Mr. Cautero is here, as well as CBIA, and try to pursue that and report back to you on what the likelihood of doing that is. CHAIRWOMAN MAC'KIE: And likewise, just I think that we should look into some reduced rates for contractors who will separate their construction debris so that it is more easily recyclable. Because, Commissioner Berry, you know the warm and fuzzy stuff about recycling, but construction debris is 100 percent recyclable, the metals, the wood, and the chem -- the board. But they if they could separate those, then they could get a reduced disposal rate and we could get more recycling done in the C&D area. MR. ILSCHNER: We've discussed that with contractors through CBIA in the past and we will do that again in the future. CHAIRWOMAN MAC'KIE: Not as a requirement, because I think that freaks them out. But certainly that if they will separate it, they could get a lower rate. MR. ILSCHNER: Again, I'll look into those and get back to you. CHAIRWOMAN MAC'KIE: Thank you. Okay. MR. ILSCHNER: Like for me to continue on? CHAIRWOMAN MAC'KIE: Please, sir. MR. ILSCHNER: Okay. This of course represents your existing condition at the landfill, and this is your final phase, Phase III, of Cell 6. This will provide for you six years of capacity remaining from this date forward. Your next option that I will brief you on is going to be referred to as the 16 years of capacity option. And let me mention that the orange color represents the additional capacity, and these are incremental. You'll note in this particular slide Cell 6 is assumed to have Page 40 September 28, 1999 now been completed. And so the orange represents the fill-in that would take place at the same height of 108 feet that would then take up the old Cells 1 and 2 area, the C&D processing area, and this would be your new capacity for MSW, Municipal Solid Waste, represented in the orange. That would give you 16 years of additional capacity from today. That is inclusive of the Cell 6, Phase III. You need to note that we would then move C&D processing to a site adjacent to the current Biomass yard waste processing area. And that would take up some of that processing area. COMMISSIONER BERRY: How close would that be, Mr. Ilschner, if you were to move that to residences? MR. ILSCHNER: I'm sorry? COMMISSIONER BERRY: If you were to move that operation, the C&D processing, how close would that then be to residences? MR. ILSCHNER: It would be no closer to any existing resident than the current operation, virtually. COMMISSIONER BERRY: All right. MR. ILSCHNER: Next we have a 29-year capacity option, and it's a buildup. If you recall, I said we're doing this incrementally. So assume that you now already have in place your 16 years of additional capacity that we just talked about. What we would do here, we would extend the landfill to the southeast. This being east, and this direction being south toward 1-75. And the orange represents the additional area that would be filled. This would require, however, that we also increase the height of the existing cell from 108 feet to 170 feet in height. That option would also require, as you note, moving all of the yard waste, scrap metal operation and C&D processing to the west, southwest located here. Now, that creates a problem because we have an existing stormwater management area there. That would then have to be relocated off-site to the north. We have approximately 300 acres to the north. That stormwater management system would be moved to that adjacent property. Now, there's been some discussion about a public golf course possibility there. We believe that that stormwater management process could be incorporated quite well with a good golf course architect and be part of the golf course itself. CHAIRWOMAN MAC'KIE: Or the ATV's, is that what -- MR. ILSCHNER: Certainly, it would not interfere with ATV operation as well. COMMISSIONER CARTER: As I understand it, the relocation of stormwater would not interfere with any of those other proposals. MR. ILSCHNER: That's correct. That's correct. They could be incorporated with those other proposals, that's correct. Next we have a 36-year capacity option. And again, it involves raising the landfill to 170 feet in height. And as you can see in this option, all of the previously on-site processing, scrap metal, yard waste, all of that would have to be -- C&D processing would have to be located off-site. The most logical place to locate that would Page 41 September 28, 1999 be of course the 300 acres to the north, as well as, of course, the stormwater management system as well. So all of those processes previously on-site would be relocated in order to accommodate this additional life. COMMISSIONER CONSTANTINE: Going back to Commissioner Berry's question before, how much closer to existing homes would that be? MR. ILSCHNER: How much closer would that operation -- COMMISSIONER CONSTANTINE: If you move the -- MR. ILSCHNER: The answer would be, that would be being moved closer to any existing homes that might be on that -- or in the vicinity of that 300 acres to the north. CHAIRWOMAN MAC'KIE: Is there smell or sound or -- yeah, what are the negatives associated with that? MR. ILSCHNER: C&D processing and yard waste processing would have sound associated with it when they're doing that process. They have Trommell mills, they have hammer mills. They have other pieces of equipment that make noise -- COMMISSIONER CONSTANTINE: More noise than -- MR. ILSCHNER: -- during an operation. COMMISSIONER CONSTANTINE: -- barking dogs do in North Naples. MR. ILSCHNER: Now, I'd like to address probably one of the major concerns or a concern -- COMMISSIONER CARTER: Before you go forward with that, in that kind of operation, can that be enclosed where there is soundproofing of the walls so that even though that noise is going on, it is muffled? And I'm going to use the Krehling plant as an example, where they have covered machines and reduced the noise. Can you get into the same kind of process with that type of operation? MR. ILSCHNER: The answer is yes. That's usually referred to as a material recovery facility. And it's usually a building in which there are soundproofing accomplished, yes. CHAIRWOMAN MAC'KIE: So they could have the same -- COMMISSIONER CARTER: So it would not disruptive to the neighborhood. CHAIRWOMAN MAC'KIE: They could have the same protection -- MR. ILSCHNER: Yes, I don't have a cost for that for you. COMMISSIONER CONSTANTINE: Yeah, let's -- CHAIRWOMAN MAC'KIE: -- as that North Naples neighborhood. COMMISSIONER CONSTANTINE: Right, which is the dog is being moved CHAIRWOMAN MAC'KIE: No, no, no. COMMISSIONER CONSTANTINE: -- a different place, so I hope to have the same protection. CHAIRWOMAN MAC'KIE: I'm talking about with the Krehling plant we could have the same protections that Mr. Carter has worked so hard on to get in place for his -- for the North Naples neighborhood. Those same protections could be used to protect the -- COMMISSIONER CONSTANTINE: Ed, how many recycling -- CHAIRWOMAN MAC'KIE: -- Golden Gate -- COMMISSIONER CONSTANTINE: Ed, how many recycling facilities have Page 42 September 28, 1999 you have been to where they have soundproofing like that? Because I've been to about a half dozen and I've never seen any. MR. ILSCHNER: I have not been to one that has soundproofing because they're usually located in an area that would not require it, usually an industrial zoned area. That would certainly not preclude one being able to construct one with soundproofing. COMMISSIONER CONSTANTINE: And what about the -- you've obviously got truck traffic coming and going. Would that muffling, baffling, would -- how would that dampen the diesel engines and so on of your trucks coming and going in and out of the facility? MR. ILSCHNER: Having a -- the answer to your question is, it would not have an impact on those vehicles -- COMMISSIONER CONSTANTINE: Thank you. MR. ILSCHNER: -- entering or leaving the facility. CHAIRWOMAN MAC'KIE: Would there be more traffic than presently at the site, or would we just be moving the traffic to a different location? COMMISSIONER CONSTANTINE: Closer to homes. MR. ILSCHNER: The traffic would be approximately the same, it would just be relocating that traffic maybe closer to a home that isn't presently being impacted. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CONSTANTINE: Let's be clear, it's not perhaps closer to a home, it's considerably closer to homes. MR. ILSCHNER: Could be. COMMISSIONER CARTER: Well, we don't really know how many feet we're talking about. MR. ILSCHNER: I can't answer that, because I haven't measured that distance to homes, so -- CHAIRWOMAN MAC'KIE: Okay. Thank you. Keep us going. MR. ILSCHNER: I know that -- COMMISSIONER CONSTANTINE: I'm not going to let that go yet. How far -- this thing we're looking at, the green and orange here -- MR. ILSCHNER: Yes, sir. COMMISSIONER CONSTANTINE: -- from the south end of the property to the north end of the property, how far is that? MR. RUSSELL: About three-quarters of a mile. COMMISSIONER CONSTANTINE: About three-quarters of a mile. MR. ILSCHNER: David Russell says approximately three-quarters of a mile. COMMISSIONER CONSTANTINE: So Commissioner Carter just said a minute ago well, we're not sure where the new one would be on the property. The minimum it could be is three-quarters of a mile closer to the existing homes, if you moved them onto the surplus property. MR. ILSCHNER: That would be a true statement. COMMISSIONER CONSTANTINE: Thank you. MR. ILSCHNER: Let me try to address now what will be, I'm sure, a concern if we chose to try to gain additional capacity by raising the landfill height to 170 feet. And what we have done to try to address that is create a computer Page 43 September 28, 1999 generated trip in the vicinity of the landfill, starting out in a Hovercraft, and we're going to come in and fly in to the area. And I would like to have the monitor, please. There we are. This is how we'll start out. We're flying into the area. And let me just describe how we prepared this animation. We used actual photographs, both aerial photographs, to get the general area established. And then we also went out and took pictures of trees and other improvements and scaled those to their actual height, and then incorporated these into an actual scale model of the area and then placed a -- to that same scale a landfill as it would be in its final form at closure. In other words, what you're going to see is the landfill as it would be closed sometime in the future at 170 feet of height. Also, let me point out that the tree line is actually solid between 951 and 1-75 and the landfill. But because of the limitations of computers, if we tried to put that kind of graphic detail there, it would be very slow and would be very -- wouldn't work very well. So we've only put the appropriate density in a tree line adjacent to the roadway. But imagine that when you're looking at it from the air, that you're seeing trees all the way to the landfill. Let me start our trip in this Hovercraft. CHAIRWOMAN MAC'KIE: I've never been in a Hovercraft. First time. COMMISSIONER CARTER: Well, buckle up. MR. ILSCHNER: Okay. We're now flying toward 951. We're going to come down to 951 here, as you watch your monitor. And you see a building, that's the water plant, the south water plant. And we're going to come down to the same eye level as a driver in an automobile and travel down 951 towards 1-75. Now, the camera that we're holding is actually looking all the time directly at where the landfill is, so that we can try to get a feel for picking that up. Now, we're coming up on 1-75. And this is 1-750 We are -- our Hovercraft has left the -- eye line or eyesight line of a driver and an automobile, and it's now gone on top of 1-75 overpass over 951 and we're still looking back at the landfill. CHAIRWOMAN MAC'KIE: Is the landfill that we're looking at right now 170 feet high? MR. ILSCHNER: The landfill is 170 feet high to scale. And you can see that when you try to look towards something with high trees or any kind of structure that would obstruct your line of sight, you can't see it. And that's what this is actually providing you an example of. Well, we'll travel now on up 1-75 toward the tollbooth. CHAIRWOMAN MAC'KIE: Toward. MR. ILSCHNER: This computer -- CHAIRWOMAN MAC'KIE: There we go. MR. ILSCHNER: Now, the building that you -- this black area that you see sort of in the center of your screen, sort of looks like a square? That tree line allows you now to look through and see White Page 44 September 28, 1999 Industrial Park. And that black building that we're depicting there -- I hope you can see that. And I can't point it out to you. COMMISSIONER BERRY: Is that Shaw Aerospace? MR. ILSCHNER: This is Shaw Aerospace building being constructed, as you can see that from 1-75 presently. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: How tall is that building? MR. ILSCHNER: It's three stories. I don't have an exact height. COMMISSIONER CONSTANTINE: Ballpark figure, 40 feet? MR. ILSCHNER: Probably 40 feet. COMMISSIONER BERRY: But there was a break in the trees there. MR. ILSCHNER: Now, we're going now -- we're coming up on the tollbooth area. You'll see that tollbooth come into view. Our camera, I would remind you, has been pointed at all times toward the landfill. And we have not seen a cap of the landfill yet. Tollbooth should be coming into view momentarily. And this is the location of the new tollbooth that's been installed. The first glimpse we will get of the landfill is the same glimpse we would get today if we drove down 1-75. We've just passed the tollbooth. We're now going to approach a gap in the trees that exist today. And I don't know why we didn't plant trees there in the past. CHAIRWOMAN MAC'KIE: We could solve that quickly, couldn't we? MR. ILSCHNER: Yes, we could. This is the area that we're approaching here. This is a gap in the trees. And you can see in the distance now a 170-foot high landfill behind those trees. It's sort of a light green. You can see just the edge of the slope of that landfill. Now, the next glimpse of that landfill will be where we can also see it today, and that is at the main entrance to the landfill. And that's this location. Now you can see just past the upper right of that building, the cap of the 170-foot high landfill. Now we're going to take your Hovercraft and we're going to go up over the tree line and let you see what that landfill would look like when it's closed at some time in the future if you chose the 29-year improvement. That's what it would look like. The tree line -- CHAIRWOMAN MAC'KIE: It's green. How fair is it to have painted it green in this? I mean, what -- MR. ILSCHNER: It would be green enclosed. It would be closed, it would have a liner on it, and it would be covered with dirt and then have grass on top of it, just like the current one. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Mr. Ilschner, how old would, let's say, Commissioner Norris be at the point that it looked like -- COMMISSIONER CARTER: I'm glad you didn't pick on me. COMMISSIONER CONSTANTINE: -- at the point that it would look like this? MR. ILSCHNER: At the point that it would look like that, it would be 29 years down the road. I don't know how old he would be. CHAIRWOMAN MAC'KIE: You want to tell us, John? MR. ILSCHNER: I'm afraid to say. Page 45 September 28, 1999 COMMISSIONER NORRIS: Has anybody got a high speed calculator to get up to that -- MR. ILSCHNER: I can't answer that question. COMMISSIONER CONSTANTINE: I think you understand. The point is, it's not going to look like a big pretty green hill for a long, long time. CHAIRWOMAN MAC'KIE: Well, I'll be 72. COMMISSIONER BERRY: Well, I'll be 89. COMMISSIONER NORRIS: I'll be 88. COMMISSIONER CONSTANTINE: I wouldn't even be collecting Social Security yet, so -- MR. ILSCHNER: Well, let me simply -- COMMISSIONER BERRY: Wow, you've got a lot to learn yet. MR. ILSCHNER: Let me simply conclude this portion of the -- COMMISSIONER CARTER: You might be in the White House, Tim. MR. ILSCHNER: Let me conclude or summarize that portion of our presentation. And I think what it points out is that because of line of sight, and anywhere in this community you get examples of that where you have high buildings, but as you get down the road, you drive around or you go out in your backyard, you don't see the high-rise building because you have trees that are obscuring your line of sight. That's what we tried to show here. If we use the adjacent acreage, as I've mentioned previously, to the north of the landfill for stormwater management, your staff would indicate that probably the most -- our recommendation to you would be the 29 years of additional landfill capacity would be the most appropriate option to chose at this point. And that would be our staff recommendation. CHAIRWOMAN MAC'KIE: That was B of the A, B and C options? MR. ILSCHNER: Of the options we've indicated to you, we believe the -- COMMISSIONER CARTER: That's where we move the -- MR. ILSCHNER: -- best option -- COMMISSIONER CARTER: -- stormwater management. We do not move the cycling process. MR. ILSCHNER: Correct, correct. That would be at this point our recommendation to this board, if you were considering those options. Next you asked us to look at an incineration option, and I'd like to carry you into that portion of our presentation. COMMISSIONER CONSTANTINE: I've got a couple of questions. I actually asked David Russell this before, and Commissioner Norris was on the board then. I don't know if any other commissioners were or not. But when Waste Management was initially negotiating for the contract -- CHAIRWOMAN MAC'KIE: Oh, God, I was here. COMMISSIONER CONSTANTINE: -- for this, and we had discussions of -- our current is 108 feet. We had discussions of 125 or 150 or 154, something in the neighborhood of 150, and their preference obviously was to go as high as they could. Their contract calls for them to be Page 46 September 28, 1999 for life of site there. So the longer the site goes, the happier they are, I'm sure. But we had one of these magical three-dimensional virtual reality displays at that time showing the 150 feet and showing that there was some visibility. And I'm wondering, have our trees grown that dramatically in the last three or four years, or what the difference is in that time frame. Because it was a 20-foot difference that we could see, 20 feet less we could see three years ago, four years ago, and suddenly we can't see any of it now. MR. ILSCHNER: David tried to find that item and could not find that. And that's why we had to go through the process of generating this. So I can't answer your question what the differences might be. Have no idea. COMMISSIONER CARTER: Well, the trees may have grown in that period, that might be a part of it. COMMISSIONER NORRIS: Wouldn't take much growth on a tree to make a lot of difference in your sight angle. And it would depend on how far you are from the tree. MR. ILSCHNER: Those trees presently are at 35 and 40 feet high in that general forest area there. CHAIRWOMAN MAC'KIE: And of course, you're projecting another 16-plus years of growth -- MR. ILSCHNER: Certainly. CHAIRWOMAN MAC'KIE: -- as -- whatever you've showed us there, 29 you. MR. ILSCHNER: I simply can't accurately answer that question for CHAIRWOMAN MAC'KIE: Other questions for Mr. Ilschner? COMMISSIONER CONSTANTINE: Yeah, on the next item, the recommendation says -- it's talking about whether or not we should do any host fee, whether or not we should do something for the community as opposed to doing it to the community. And it says the recommendation is we defer further policy actions until odor control measures now being implemented have been installed and performance assessed. It seems to me if we're dealing with a policy issue, and we don't even dare to do that until we know whether this is going to work or not, we certainly would not want to undertake a commitment to go another 29 years at this site when we don't know yet if the odor control is going to work. MR. ILSCHNER: We would anticipate that the board would take that same position that we have taken in the community host discussion, and that is to delay a decision on that until we had evaluated that odor improvement. CHAIRWOMAN MAC'KIE: And frankly, that's part of the reason why I've not hesitated to delay this agenda item, even though we asked for it at an earlier time, because as far as I'm concerned until we know if there's a solution to the odor problem, we can't talk about expanding the landfill at that site. COMMISSIONER CONSTANTINE: I'll let you know, as of last Sunday, Page 47 September 28, 1999 we don't -- CHAIRWOMAN MAC'KIE: That's -- COMMISSIONER CONSTANTINE: -- have a solution yet. CHAIRWOMAN MAC'KIE: -- nasty. I'm clear on that. I mean, you can smell it in the coastal area sometimes. COMMISSIONER CARTER: Well, I think we're in -- as has been related, we're in the process of construction, and I will reserve my judgment until all systems are in and operating. And because of the success we've had in other communities of these processes, I am not at a point where I would believe that it wouldn't work. CHAIRWOMAN MAC'KIE: I expect it to work. COMMISSIONER CONSTANTINE: As I said, I hope it does. But, you know, next July and August, we'll find out. MR. ILSCHNER: And I think that will be the time that we can do a good assessment of it, yes. CHAIRWOMAN MAC'KIE: Mr. Ilschner, at this point is there any reason for us to give any direction to staff, or could this item just be on hold until we have an accurate assessment of the problem? MR. ILSCHNER: Well, the board, certainly it would not -- we have two years, in my opinion, to actually have to make a decision as to what we're going to do with respect to our solid waste disposal in Collier County. There's a two-year window. Now we certainly need to make a decision within that two-year window. COMMISSIONER CONSTANTINE: I would ask for two reasons that we wait. One is obviously we need to have that answered. That's a commitment we've made to the community. We're not going to do this if we can't fix the problem. Hopefully we do. But if we find next summer that we smell as bad as we do this summer, then we still have a problem and we need to address that. But secondly, we went through for -- well, for seven years, but we went through a long process, a detailed process on site selection and what we were going to do, and one of the big parts of that that we all insisted on was public hearings and public input and had 22 public hearings and a citizen's committee and so on. And I would hope that we wouldn't make this decision when the public has had notice since last Thursday that it was on the agenda. And considering how much we went through to get to the various points in this, I would hope we wouldn't come up with a completely different direction on four days. And if we've got that window and we have the opportunity to see how well the odor control is working, I think we ought to take advantage of that. CHAIRWOMAN MAC'KIE: I agree. COMMISSIONER CARTER: I don't have a problem with that. I think what it points out to is that we do a 29-year window if the other systems work as one stopgap. And I'm going to use that, because that's very short-term in the long range of what we need to do. And I know, Mr. Ilschner, you're going to come with a couple of other suggestions to us that I -- that we need to hear about. Plus, I see Dr. Stokes has also brought another suggestion to us this morning. And what that tells me, it gives us an opportunity to explore Page 48 September 28, 1999 these options so that we can look at a 100-year solution or a 75-year solution, whatever it might be, which I think will far exceed any of our lifetimes, but at least it will give the community a sense of knowing where we're going with this. MR. ILSCHNER: That is absolutely correct, Commissioner. COMMISSIONER CONSTANTINE: If the board would indulge me, maybe the one direction we could give on this is if we were to locate a hypothetical C&D up on surplus property, where would it go up there, how close would it be to homes, get some real-life impacts of that, and so that if we're dealing with this next spring or next summer, we have those answers instead of waiting until then to find out those answers. CHAIRWOMAN MAC'KIE: Good point. MR. ILSCHNER: Yes, sir, Commissioner. COMMISSIONER CONSTANTINE: I bet we've got some speakers. CHAIRWOMAN MAC'KIE: Continue. MR. ILSCHNER: Would you like me to continue? CHAIRWOMAN MAC'KIE: Please. MR. ILSCHNER: The next area you asked us to look into was an incineration option. And we took the opportunity to travel to Lee County, and I'm glad I did. I had the opportunity to review an outstanding facility that was constructed by Ogden-Martin Systems, Incorporated in 1994 and became operational that particular year. And what you have on the monitor, or should have on the monitor, is an aerial view of this facility. Now, this facility is located -- and I'm going to put a map here to kind of give you a feel for where it's located in Lee County. To orient you, this is the county line. I'm going to trace it with my pencil. This is your existing Naples landfill here adjacent to 1-75. Immokalee landfill located here to the northeast. And this is the Lee incinerator located in Lee County. So you can get some idea spatially of the relationship of that facility. This is a photograph of that facility as you drive up the facility in the parking lot. And it is really an outstanding facility, both from the standpoint of its construction and its operation and maintenance. In fact, it's the only facility in the world that we're aware of today that has received the Power Engineering and Power Engineering International Magazine project of the year award. And this is a showcase facility for that particular industry. And since becoming operational, this facility has operated flawlessly. It has a record of 100 percent compliance with all environmental permits and regulations. It has processed over 1.6 million tons of waste and produced 1,077,000 kilowatt hours of electricity. And the interesting thing when you visit this plant is that it runs itself from its own production of energy. And I think that's important. During our visit, we made the observation, as staff, that Ogden-Martin appears to be doing an outstanding job. It's a well maintained facility, well run, well trained staff. We were very, very Page 49 September 28, 1999 impressed. And one of the things we were very impressed with was the fact that there was no garbage smell emanating from that facility at all. And there were no particulates or smoke emanating from the stacks. So it's a computer controlled system. And its environmental monitoring is monitored by computer and reported by computer. We were very impressed with that particular facility. The plant, as it is now comprised, has two 600-ton burn units presently. And Lee County is presently approaching that plant capacity of 1,200 tons. And they're now in the process of planning their new burn unit. This unit will give them about five to eight years of additional capacity, based on what their current growth rate is. We visited with Lee County staff and we wanted to determine what the technical feasibility primarily was of Lee County's facility being able to handle Collier County's municipal solid waste. And because of their ability to expand their facility with additional burn units, theoretically their staff and we agreed certainly they could handle additional waste stream in the future. We have identified two options with respect to Lee County that the board could consider and in the future or today direct staff to pursue. These two options are one, what we call the customer option. This is where Collier County simply becomes a customer of Lee County and we transport our waste to Lee County to their incinerator. Lee County residents presently pay $78 a ton. We would assume if we were a customer, we would pay $78 a ton. To give you -- COMMISSIONER CONSTANTINE: How much do we pay right now, Ed? MR. ILSCHNER: We pay approximately $27 a ton, give or take a few pennies. COMMISSIONER CONSTANTINE: Does that include our reserve? MR. ILSCHNER: Yes, that includes our reserve. If we take the reserve out, it's about 16 to $17 a ton. COMMISSIONER CONSTANTINE: Thank you. MR. ILSCHNER: We have the third lowest rate for waste disposal in the State of Florida. If we take the reserve out, we are the lowest in the State of Florida. However, if we did choose an incinerator option, and it's very sound environmentally, we would be in a position to pay $78 a ton. And not only that, we would also -- COMMISSIONER CONSTANTINE: Does that include the reserve? MR. ILSCHNER: That would not include reserve. In addition, we would have to have added in a cost of approximately $7 per ton for transport. Because if you recall, the map that I laid out for you here, we would now be transporting that from the general area where we presently take it to Lee County. And that would be about a $7 per ton additional cost -- CHAIRWOMAN MAC'KIE: From 16 to 85. MR. ILSCHNER: -- in order to accomplish that. From 16 -- CHAIRWOMAN MAC'KIE: From 16 to 85. Page 50 September 28, 1999 MR. ILSCHNER: -- to $85 per ton. But I think that we might be able -- and this hasn't been determined, but if we were directed by the board and the board became to -- or got into negotiations with Lee County, we feel there might be some movement there downward because of the fact that we would be bringing in additional revenues that they would not presently have associated with their marginal cost, the additional plant investment that they made that is not being consumed. So there could be a trade-off there. However, there would be no guarantee, in our opinion, that they would continue to afford us that capacity. What would have to happen is we would have to continue to operate the current landfill in a reduced mode because we would be coming back there at some point in the future when that capacity became no longer available to us and Lee County needed it. COMMISSIONER CONSTANTINE: So there would be some additional cost to the ratepayer just to maintain the existing landfill? MR. ILSCHNER: That's correct. That cost has not been identified here for this discussion, but yes, that's -- COMMISSIONER CONSTANTINE: So even $85 wouldn't be the bottom line. COMMISSIONER CARTER: And what about the ash that -- MR. ILSCHNER: That's correct. COMMISSIONER CARTER: -- comes off of that? Now, are we bringing that back to our landfill, or do we become a customer to Lee County? MR. ILSCHNER: Good question. When we were discussing with staff, that would be one of the options they would want us to investigate, taking a portion of our landfill and using it as an ash landfill. We didn't confirm or agree with that position, but that was a request they asked us to look at if we pursue this option in the future. The other option that we identified is an equity partnership. And that's where the board would approach Lee County and negotiate an equity partnership position where you'd actually buy into their debt and their plant operations at an agreed to amount. And we don't believe that you would gain anything there with respect to cost, possibly. We feel like you're still going to be looking at a cost somewhere in the neighborhood of 78 to $85 a ton in that particular option. So when we look at those options, and of course lack of control over the process that would result from that, we resurrected, if you will, the old concept of an incinerator option in Collier County, and we seem to think as a staff that that does make some sense. Let me put a layout on the visualizer here for you. Again, this is the existing landfill site. Let me point out again, this is Cell 6. This is the yard waste and C&D processing area that I've marked in yellow. We believe that based on the track record of Lee County, one of the -- I think original objections to even considering siting an incinerator in Collier County was a heavy concern about environmental impacts. Page 51 September 28, 1999 We believe the track record -- there was no track record in Southwest Florida or anywhere in Florida to our knowledge that actually was available for people to go look at and assess. That now exists in Lee County. Lee County has an outstanding facility, and the track record is flawless with respect to regulations being adhered to and any environmental impact. So based on that, we think that one of your options, which we feel is a very sound option for you to consider, is a Collier County incinerator here in Collier County. We believe that you could build an incinerator in Collier County for approximately 125 million to 140 million dollars for the plant, initial capital investment for the plant. We believe you could service the debt on that investment, and operate that facility for between 65 and $85 per ton, the same max cost that you would experience with an option for Lee County. We believe that you have adequate tonnage today and in the future to support an incinerator in Collier County. You produce daily 800 tons of MSW daily. A single burn unit is 600 tons. So you would basically be in a position to build a 1,200 per ton day facility here in Collier County. That certainly is available to you as an option. CHAIRWOMAN MAC'KIE: Ed, I didn't get that, the -- including the debt, the tonnage rate would still stay below 85 if we built our own? MR. ILSCHNER: Yes. Yes, that's our estimate. And we worked on this estimate -- we worked on that estimate with CDM, who did some checking across the country, and European cost as well, and arrived at that cost, between 65 and $85 a ton. COMMISSIONER CONSTANTINE: That does not include reserve, obviously? MR. ILSCHNER: That would include no reserve, no. No. COMMISSIONER CARTER: Would that also factor in the sale of energy? MR. ILSCHNER: That does not factor in the sale of energy. We have not -- we've calculated approximately a $42 operational cost associated with that, the balance being debt service. And certainly, if we factor in those other costs -- we're throwing this out as a concept for you today. If you chose to pursue this, we would certainly need to do a lot more due diligence and investigate those costs and report back to you in more detail what those costs are and what the cost savings might be. CHAIRWOMAN MAC'KIE: And keeping in mind that assuming when we look at the expansion possibilities of the landfill again, after all of the smell controls are in place, surely we will be considering maximizing at $16 for as long as we can, and counting on incineration if the smell is not able to be resolved. COMMISSIONER CARTER: Yeah, but I think only the smell -- even if you resolve the smell thing, as I'm understanding, you're only looking at about a 29 to 36-year window -- MR. ILSCHNER: Yeah. COMMISSIONER CARTER: -- so that's a very short-term solution. If you're going to do incineration or another option, it seems to me you have to get all of the information here and do the due diligence and Page 52 September 28, 1999 then plan to do it, because the cost of building an incinerator certainly is not going to go down. MR. ILSCHNER: If I may just take the liberty of -- CHAIRWOMAN MAC'KIE: Good point. MR. ILSCHNER: -- pointing to the layout on the visualizer and explain where an incinerator would be located on the site. The yellow area has ample room for the construction of an incinerator facility similar to the Lee County facility. And the area where old Cell 1 and 2 is in the C&D processing area would allow you an area for an ash fill, which has no smell, which has no environmental detriments that we can identify; would provide you with an ash fill that would last approximately 100 years on this site. CHAIRWOMAN MAC'KIE: And would there -- and you would keep the C&D processing on-site, too. MR. ILSCHNER: C&D processing would be kept on-site. The only thing you would have to move, Madam Chairwoman, would be the stormwater management area -- CHAIRWOMAN MAC'KIE: Which we could do -- MR. ILSCHNER: -- to be incorporated into the north area. CHAIRWOMAN MAC'KIE: Which we could do in conjunction with a recreational use? MR. ILSCHNER: Exactly. And that concludes -- COMMISSIONER NORRIS: Let me just ask a question, Mr. Ilschner. MR. ILSCHNER: Yes, sir. COMMISSIONER NORRIS: You probably know the answer to this. I'll bet that you ran the numbers on this. What would an $85 a ton tipping fee do to the residential rate? MR. ILSCHNER: It would approximately -- carry to approximately I think $196 per year versus the 110 that we're roughly having as a residential assessment. In that range. COMMISSIONER CARTER: Lee County's what, at 185 a year, I believe, if that number is correct? MR. ILSCHNER: I think that's correct. I've got those figures somewhere, but I don't recall those off the top of my head. COMMISSIONER CONSTANTINE: In think they're in excess of 200. They actually have a -- everybody in Lee isn't the same price because of some -- COMMISSIONER CARTER: The average that I had from the visit up there I think was 183. MR. ILSCHNER: Yeah, they have a $53 tipping fee, residential tipping fee, and a balance of that is about $25 or $28. It brings it up to close to $80 a year assessment. COMMISSIONER CARTER: If we went to that, $190 a year, how would that stack up with other communities in Florida? MR. ILSCHNER: We would be up in the top of the ranking in Florida on tipping fees and assessments on our residential rate figures. COMMISSIONER CONSTANTINE: I'll tell you, it's -- we get complaints, I get complaints, when we go up three bucks. When we have our adjustment annually, we get calls complaining because it went from Page 53 September 28, 1999 107 to 110. If we went to a couple of hundred dollars, we're going to have more than some people complaining, we're going to have people screaming bloody murder. I think -- COMMISSIONER NORRIS: And you may have people displaced in the lower income areas. And that's why I asked the question. COMMISSIONER CONSTANTINE: Yeah. I mean, the reality of -- we were just talking the affordable housing issue, and when you talk 200 bucks instead of 100 bucks, you know, then maybe the five of us would write the check and be a little annoyed, but there are people in the county who that impacts a whole lot more. And I think when you talk about the scientific data and doing due diligence, I smile and I get a little frustrated, because we've been through virtually every option for years now, seven years now, and we just haven't liked the answer that came out. But the most cost effective and most efficient and user friendly way to do this, we already had the answer, and that was to site a new landfill. We didn't like the answer -- certain members of the board didn't like the answer. But I remember one of your primary concerns, Commissioner Mac'Kie, was boy, is this going to be really expensive to site it somewhere else. It was six bucks a year more. And now we're talking about almost doubling the cost to put an incinerator in. So if money was the issue, clearly the incinerator isn't the option to go. COMMISSIONER BERRY: Commissioner Mac'Kie? CHAIRWOMAN MAC'KIE: Yes, Commissioner Berry. COMMISSIONER BERRY: Mr. Ilschner, what do communities in other parts of the country -- do you have any idea what they pay for garbage, for waste disposal, for instance? I mean, any ballpark figures? MR. ILSCHNER: The areas that I'm familiar with -- COMMISSIONER BERRY: Okay. MR. ILSCHNER: -- approximates $150 per year, $180 per year, in that range. Collier County is the exception, I think, in the country with respect -- it should be envied with its $16 a ton net cost. And then we add, of course, the additional cost above that to cover operations and contract management and debt service. CHAIRWOMAN MAC'KIE: So the survey -- MR. ILSCHNER: So for $27, we're still very, very low. COMMISSIONER BERRY: But see, that's my point. People move -- MR. ILSCHNER: And it's 108 to $110. COMMISSIONER BERRY: -- here from other areas of the country that pay a heck of a lot both in ad valorem taxes, and certainly this may well be a part of that. I don't know, it depends on their collection method from where they come from. So when they come to Collier County, they get a real bargain. MR. ILSCHNER: Yeah, that -- COMMISSIONER BERRY: But, you know, that bargain is -- you know, we're paying the price for keeping this bargain cost, if you will, in some respects. If -- COMMISSIONER CONSTANTINE: How are we paying the price? Page 54 September 28, 1999 COMMISSIONER BERRY: -- they didn't mind -- well, maybe they did mind and maybe that's why they came to Collier County, in addition to the weather. But, you know, they had to pay it wherever they came from. And so they come down here. And granted, you know, you put your little waste receptacle out every day and, you know, you pay your hundred some bucks on your tax bill. Nobody likes that. But on the other hand, you know, what are your alternatives, and what are you going to do in an area when you've got environmental people sitting out here and they complain about the environment? I can't understand why they're not fighting for us to do something instead of going about opening up another landfill site. I don't quite understand this. There's so many questions here that I have. I think the price is -- it's very high. There's no question about it. I said earlier on when we had this, you know, if you want to do something different, it's going to cost you, folks. COMMISSIONER CARTER: But I think that's -- COMMISSIONER BERRY: So what's the choice? COMMISSIONER CARTER: Commissioner Berry, I think that's the reality of what we're facing is that we do live in what I call the big bargain. And that big bargain is not going to continue to exist if we're going to meet the pressures and demands that are being put on this community from environmental aspects, from growth aspects, all of these things. There's going to be adjustments. And whether this is the answer or whether there's some other solution to it, is you're no longer going to be able to get away with paying 108 or 10 or 15 dollars a year for refuse removal. It just -- CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CARTER: -- is not real. COMMISSIONER BERRY: I'd love it if we could. COMMISSIONER CARTER: Well, I'd love it, too, but it's not going to happen. COMMISSIONER CONSTANTINE: Actually, if you look at the science and the data and the facts and the million dollar study we did and the 22 public hearings that the citizens committee that this board appointed, the facts show we can continue to do that. And to look at the fact that other communities spend more, it seems, the good fiscal conservative republican in me, that those communities should be looking at us for ways to lower their costs rather than us saying gee, other people pay more, let's emulate them. What kind of logic is that? COMMISSIONER CARTER: The logic is that you're not going to go to another landfill area and create the same problem all over again. And that their people do not want landfills, a new landfill out here in the middle of citrus or agricultural. And then your transportation goes up. And eventually if you have the growth problems around it, you're back into the same -- COMMISSIONER BERRY: I mean, it's sacrificing one area for another area. COMMISSIONER CARTER: I'd say you've just got to bite the bullet Page 55 September 28, 1999 and do it. COMMISSIONER CONSTANTINE: It is not. And that's why I say, let's go back to the science. We can make emotional arguments, and you can do that. But when you look at the middle of -- you just said it, the middle of a citrus area, that's not in the middle of a bunch of people. And we're dealing with the Governor and Cabinet's requirement that we not allow development out in that area in the future. COMMISSIONER CARTER: And they're also telling us you can't build a landfill in there. CHAIRWOMAN MAC'KIE: And you know what, Commissioner? What a fun thing for me to get to say, because you say it to me on a weekly basis -- sometimes you lose an argument, and you lost this one, so -- COMMISSIONER CONSTANTINE: All I'm suggesting is, if we're going to make the argument, let's base it on facts. And there have not been any facts. When you say I wish we could do it at that cost, the facts and the science and the data show we can. When we want to protect the environment, the facts and the science and the data show we can. And to ignore all that because we don't like the answer is poor planning and poor public policy. CHAIRWOMAN MAC'KIE: And a not accurate description of what the board's decision was earlier. COMMISSIONER CONSTANTINE: I didn't describe the board's decision. CHAIRWOMAN MAC'KIE: Well. Okay, so from here -- MR. ILSCHNER: Madam Chairman, if you could just indulge me for just one more moment. CHAIRWOMAN MAC'KIE: Sure, we will. MR. ILSCHNER: I made a statement a moment ago, and David Russell stepped up, and I need to correct that statement. And that dealt with where we might be at the 190 or so additional annual cost associated within an incineration option. I said toward the upper end, the high end of the scale. If we had a scale from 0 to 100, we would be somewhere in the 60 percentile area. So it's not quite as high as I indicated to you, and I wanted to correct that. CHAIRWOMAN MAC'KIE: That was at 1907 COMMISSIONER CONSTANTINE: That's double the price then. CHAIRWOMAN MAC'KIE: At 190 -- MR. ILSCHNER: 190, yes, we'd be in the -- CHAIRWOMAN MAC'KIE: -- we'd be in the upper middle? MR. ILSCHNER: Upper middle, yes. I just felt like I needed to correct that. CHAIRWOMAN MAC'KIE: Well, we're upper middle, aren't we? Any other questions? COMMISSIONER BERRY: Well, I think the alternative, we might want to purchase a barge and we could float our garbage up and down the coastline here. COMMISSIONER CONSTANTINE: Makes every bit as much sense as anything else you've suggested, so -- COMMISSIONER CARTER: Well, I would like to see us -- Page 56 September 28, 1999 COMMISSIONER BERRY: Get your bows and arrows out, guys. COMMISSIONER CARTER: -- pursue doing due diligence on the incinerator. Plus, I would also like to hear, if it's permissible, Madam Chair, from Mr. Stokes -- Dr. Stokes this morning to look at that alternative. We're not going to make a decision today, but I think staff wants to know, should we continue to explore the incineration option. If we're going to do incineration, it seems we either become a partner with somebody, less risk, or you do your own. I don't want to be a customer in incineration any more than I want to be a customer to someone else's landfill where I truck it there and then you later end up in a lawsuit or they decide they don't want my garbage anymore. COMMISSIONER CONSTANTINE: Does the majority of the board really not mind that it could close to double the price? I mean, I don't want to explore it for that reason. One of the reasons we didn't explore a number of the different options a couple of three years ago when we looked at all of them was some of them just weren't cost effective. CHAIRWOMAN MAC'KIE: I'm willing to look at it, despite the fact that it may be a significant even potentially doubling of the price. COMMISSIONER CARTER: I'm willing to look at it because I think that I need to have that option and I need to communicate to the community what it costs if you want all of these other considerations in place. COMMISSIONER BERRY: Exactly. I agree with what Jim has just said. I think that makes sense. COMMISSIONER NORRIS: I think you have to look at all of your options, even -- COMMISSIONER BERRY: Absolutely. COMMISSIONER NORRIS: -- though you may -- while you're looking at them, you may think that some of them will probably not be viable. You still need to look at them. CHAIRWOMAN MAC'KIE: Could we, though, eliminate for staff and for the benefit of speakers who may be coming up and giving us their opinions, could we eliminate the customer of -- the incineration customer option? Is there any support at all for that one? COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: we're looking -- COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: partner or -- COMMISSIONER BERRY: No. No. None? Okay, so we could eliminate that. But I'm sorry? Customer of Lee County as. opposed to a I don't want to be a customer, no. We either partner or we do it ourselves. COMMISSIONER CARTER: Yeah. CHAIRWOMAN MAC'KIE: Okay. So we at least have eliminated that one for you. Let's go to public speakers before we go much farther. MR. McNEES: You have four public speakers, Madam Chairwoman. The first would be Tom Henning. And I'll call two at a time, if the next Page 57 September 28, 1999 speaker would be prepared. Tom Henning will be followed by C.A. Stokes. MR. HENNING: Good morning, Commissioners. Tom Henning for the record, resident of Golden Gate, speaking on my half. 1973 I moved to Collier County. I moved to Golden Gate in 1982. There was an odor problem in 1982. The landfill in Golden Gate was built in '76. It wasn't until -- that I noticed the smell, it was in '90 -- or '84 or '85. The reasoning of waiting well, let's see what it's going to do next summer, I don't think we're going to have a problem next summer. And I'm thankful for that. I do believe there is the opportunity to have a problem. We are constructing a new cell right now with odor -- better odor technologies. And I don't know what's going to happen. Are we going to have another collapse of pipe six years down the road? So I appreciate the attempt to it, but I just -- I'm not convinced that it's going to happen. So that's where I'm at with -- as far as -- and I hear the board, really expanding is one.of the options of it. Even though we're only land filling on the footprint now, but when you take water retention or whatever off-site, to me that is an expansion. And we've been through this process for years and years. The board, previous boards -- this board is not interested in expansion. The process that we went through on -- the site selection committee put together certain criteria. And again, I think we all know that the present site fell far below in the site selection. It was one of the second to the last. And my biggest fear, if the board chooses to expand on the landfill to the acreage to the north, it could be successfully challenged in court. And believe me, I'm not giving any threats or something, that's the thing that I don't want to do. But I'm afraid that I would have to be involved in some capacity of that. I believe in the system that we do have in Collier County and I'm grateful for you people and staff taking the time to deal with the landfill issues. But I'm a little concerned of what's going to happen in the future. And Madam Chair, if I may ask you, the next item deals with the host fees, and I would hope that maybe we could deal with that before lunch recess. CHAIRWOMAN MAC'KIE: My goal was to wrap up everything related to the landfill. Even -- I was going to ask the county attorney to be looking at it, even 12(C) (1), which has to do with rates. Let's see if we can't do all of that before we take a lunch break. MR. HENNING: Thank you. And that's all I have. And I thank you for your time. CHAIRWOMAN MAC'KIE: Thank you. MR. McNEES: Dr. Stokes would be followed by Ty Agoston. DR. STOKES: Good morning and thanks for hearing me. I want to clarify the advice I've written to the County Commissioners. Combustion of waste done properly is an excellent way Page 58 September 28, 1999 to handle waste. If not, the best. The problem is that building a new dedicated green field plant -- not talking about an expansion of Lee County, which is eminently feasible -- but building a green field incinerator is almost surely not going to happen again in the United States. Why do I say that? Well, first of all, there's the initial capital cost which is somewhere between 150 and $180,000 per daily ton of waste. Ten years ago, I stood on this platform talking about a plant costing $80,000 per ton of waste, and it was turned down on cost, although really the reasons were environmental and cost was used as a dodge, in my opinion. Now, the second reason that you're not going to build that incinerator is public objections. If we cannot site a landfill, a new landfill, how in heaven's name do we expect to site an incinerator 10 years after the embroglio we had 10 years ago? Now, I want to digress and compliment Commissioner Constantine. He is dead right. You ought to listen to what he's saying. You ought to consider having another site staked out and approved for use. You may never use it, but you'd better have it. Now, the trend today in combusting waste -- and you notice I use the word combustion and not incineration. The word incineration scares everybody to death. We don't like to talk about waste incinerators anymore. Let's talk about burning waste or combustion. The trend today is back to an old, old idea: To take the waste to a huge coal-fired power station, which is already built, and burn it as part of the coal fuel. Now, our good consultants here have done an excellent job of advising the staff on what we could do to bide time, and I want to compliment the staff on the work they've done. It gives me a feeling of comfort. But progress moves on. And where we failed in years past to burn waste with coal, where we failed in the years past to process waste and do it economically without smells, without high maintenance, we're finally learning, after 25 or 30 years of bad experience, how to do it. Today we can process waste mechanically to recover a fuel fraction. And that fuel fraction will be somewhere around 60 to 70 percent of your waste. In the process of doing that, we will dry the waste and lose 10 to 15 percent moisture. So that now you can add that loss to the fuel as diversion. You get maybe five percent of metals out and sell them, then you have maybe 15, 10 percent to bury in the landfill, but it's inert material, and your landfill would last virtually forever. Now, this is not something you can do overnight. If the staff started studying this today, it would probably take them six months to get up to speed and understand what's available and what can be done, another year to study that further and try to find somebody credible to come in here and engineer and build the plant. And then you build it. So we're three to five years -- and three years is terribly optimistic -- five years down the road. But it could be done. And the trend is in that direction. And so all I'm asking you to do is to consider this as an option. Page 59 September 28, 1999 And don't spend your money on the solid -- on the incineration option, on the combustion option. The reason I say that is you don't need to spend the money, you've 9ot the answers already. We know what Lee County cost. Ogden-Martin can tell you what it will cost to expand it. You can calculate in 10 minutes on the back of an envelope what the tippin9 fee would be. You don't need to spend $100,000, Jim, on a study to find out what the combustion option is. You just don't need to do that. Well, I see my time is up. And I hope I've made my point. And again, I want to compliment the staff. I'm really quite impressed with the presentation. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, Dr. Stokes. COMMISSIONER CARTER: Dr. Stokes, I have a question in regards to what you're proposing, what it would cost for us to study this to do due diligence and be able to come back to this board with this option in place. DR. STOKES: What I think it would cost? I would say a minimum of $50,000. And you could easily drop 100 in a real study of an incinerator here. It would get into the questions of what will be the permitting problems, what will be the public objections and location factors, and so on. COMMISSIONER CARTER: Now your proposal to us is not doing that but establishing a different system in which you pelletize this stuff and sell it off to coal-burning operations. DR. STOKES: My suggestion to you is that that option be examined very carefully. COMMISSIONER CARTER: And my question would be, through due diligence, how much would that cost us to do that? DR. STOKES: The exploratory phase where you ruled it in or out, probably under $50,000. Now, if you decided that this is an option you really want to pursue, then I think you're talking about 100, $200,000 to study it, sure enough. But your staff probably just by themselves could decide whether it's something to rule in or rule out. Now, you'll have to -- I won't be able to get up here and talk, maybe the next time, because two firms have asked me to represent them in respect to -- one would be this option I'm talking about, and the other is on landfilled gas power generation. And if I accept these arrangements, I'll be a lobbyist. And your attorney tells me I can't any longer speak to you. Can I answer any more questions? COMMISSIONER NORRIS: One more, Dr. Stokes. The power plants in Florida, are they coal-fired or not -- they oil-fired? DR. STOKES: It's funny, I just did a study yesterday for the University of Florida, Don Rockwood, on that situation. They're very heavily coal-fired. Lakeland, Florida has been coal-fired for many, many years and has been burning solid waste in their boilers for 15 or 20. Tampa is coal-fired. Those are the two close ones. Then the next one is Palatka. But coal delivered in Florida and fired is cheaper to generate power than burning oil or gas today. Now, if you build a brand-new Page 60 September 28, 1999 gas-fired plant because of its efficiency and low cost, that could be lower cost. COMMISSIONER NORRIS: Thank you. CHAIRWOMAN MAC'KIE: Dr. Stokes, we appreciate your invaluable advice. And the fact of the matter is, I think whether you become a lobbyist or not, you can continue to talk to us, you just can't buy us lunch. DR. STOKES: Can't do what? CHAIRWOMAN MAC'KIE: You just can't buy us lunch. DR. STOKES: Oh, okay. Thank you. COMMISSIONER CARTER: Could we incorporate this idea to staff to do a side-by-side evaluation, at least preliminary? Because that -- is that feasible, Mr. Ilschner, to look at what Dr. Stokes is proposing? MR. ILSCHNER: Yes, sir, it certainly is, at the board's direction. CHAIRWOMAN MAC'KIE: As you look at all the alternatives, you certainly look at that one. Our next speaker? MR. McNEES: Would be Ty Agoston. And your final speaker will be Cheryle Newman. MR. AGOSTON: Morning, ladies and gentlemen. My name is Ty Agoston, and I want to speak on behalf of the Taxpayer's Action Group of Collier County. We have -- we're always of the opinion that the solution that we were looking for is waste management. Whatever way, shape, or form would be most efficient to manage waste. We have called to open the investigation of that process a number of years ago. At the time when we have spent, Mr. Constantine's mentions, a million dollars, whatever the dollars amount to, it was a substantial amount of money selecting a site. At this point in time, I believe that it would be irresponsible of you not to arrive at a decision. Whether you do it this year or whether we wait until the odor problem solution finalizes, the fact of the matter is that this has been going on long enough. And I believe that you certainly have a highly competent staff and you are all enlightened public servants. We should come up with a solution that should not threaten my grandchildren's state and standard of living. Garbage is here to stay. The process is important. Please, deal with it. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. McNEES: Your final speaker is Cheryle Newman. MS. NEWMAN: Good morning. Cheryle Newman, for the record. This is probably the third or fourth time I've spoken before you in my term of office with the Golden Gate civic Association. I have to commend you for at least holding off on any decisions until we have assurances that the odor control process that's going on is going to correct the problem. I would make an appeal to you that it would be our wish that when this comes up again, whether it be next summer or whenever the Page 61 September 28, 1999 decision is going to be made, to advertise it in the Naples Daily News, which no longer happens. Some of us that do have computers and are online have that ability to bring the agenda before us. Those of us that don't, rely on the Naples Daily Sunday News to see that agenda item. CHAIRWOMAN MAC'KIE: It is there, though, isn't it, Cheryle? MS. NEWMAN: No, it's not. CHAIRWOMAN MAC'KIE: On Sunday? MS. NEWMAN: No, ma'am. COMMISSIONER NORRIS: Sometimes it is. MS. NEWMAN: It's I think sporadic. CHAIRWOMAN MAC'KIE: We need to look at that, Mr. McNees. I know we're not paying to advertise anymore, but I thought they were continuing to publish it. That's a real important question. MS. NEWMAN: The other item that I guess I would like to get across or at least present to you, we're working with a 20-year-old landfill with 20-year past experience in landfilling operation. I think what's happening right now is we're trying to retrofit the technology of today to a 20-year-old technology. And it's my concern that we may be doing just a Band-Aid. I'm hoping that I don't have to come before you again six months from now. In fact, when I do come before you, it would be as a private citizen, because my term will end this year as the president. But I would like to express something to you. I have been referred to as an activist. And I would like to clear that up and just say that I'm a concerned, involved community leader, and I don't wish to be called an activist as far as the landfill goes. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. If there aren't any other speakers, my sort of summary of this for my personal direction would be that our goal is to keep the price low as long as we possibly can by landfilling if, giant if, the smell problem is solved. And that the options that we continue to look at -- my first choice, frankly, because of the common sense of what Dr. Stokes was saying about the odds of permitting another landfill -- I'm sorry, permitting another incinerator -- is if we could partner somehow to co-locate a Collier County facility with Lee County's facility. That would be a good first choice. For one thing, that removes -- you know, we take it to Lee instead of to Golden Gate. But that at the same time that the staff be looking at the proposal Dr. Stokes brought forward, and also the proposal for a local incineration plant. But that would be my consensus, or my idea. Does anybody else want to weigh in on sort of what the priorities would be to give instruction to staff? COMMISSIONER NORRIS: No, just we have really -- there may be some investigation that staff can continue on in the interim, but we have to wait till the solution on the odor is finalized to find out whether it works or not. CHAIRWOMAN MAC'KIE: Other comments? Page 62 September 28, 1999 COMMISSIONER BERRY: No. Item #8B2 PRESENTATION OF THE CAMP DRESSER & MCKEE, INC. SUREY ON HOST COHMUNITY COMPENSATION MECHANISMS AND THEIR APPLICABILITY TO COLLIER COUNTY LANDFILL OPERATIONS CHAIRWOMAN MAC'KIE: If not, I guess we'll talk about host fees. MR. ILSCHNER: Thank you, Madam Chairwoman. COMMISSIONER NORRIS: Can I just maybe hopefully cut this short? This is -- this may not be the worst idea I've ever heard, but it certainly gets honorable mention. I have no intention of supporting this. CHAIRWOMAN MAC'KIE: Well, I thought it was a really good idea. Surprise that you and I would disagree. Because there -- because in other areas it's worked successfully, at least to compensate a community for the negative repercussions of being near the landfill. What the staff report says that I find impossible to argue with is since the community grew up around the landfill already in existence, the compensation doesn't make sense in this case. That's too bad. But I can see the logic of that position. COMMISSIONER CONSTANTINE: I guess the unfortunate part of that logic -- I believe I've told you this before, but the public may not be aware -- is this site was selected as an add-on item. I mean, it wasn't advertised. We've labored over this, and I get frustrated, as we all do, that we take so long to decide what to do. But imagine if we'd never had any of these discussions and one day we came in and as an add-on, not even as an advertised item, as an add-on we picked the place where we were going to put the landfill and that was it. And so the Golden Gate community was there in the mid to late '70s, and there were homes there, there were thousands of homes there, and it was clearly obviously already platted. It was much smaller than it was now, but it didn't take rocket science to look at the maps of Collier County and see a lot of developments in between. Radio Road corridor, Davis Road corridor weren't platted. There was a lot of empty space there, but you could look at the maps of Collier County and see all those roads and see the houses going up and see the construction going on. And I think that's probably why it was an add-on item, and why it had been something that had been debated and talked about and defended against at the Golden Gate Civic Association in the '70s. And so there was something not quite genuine about adding that on and putting it through without any public advertising. So I don't buy completely the argument that it went in before the community did. That's not true. And it was put there without the community knowledge. CHAIRWOMAN MAC'KIE: I didn't real -- that's the first time I've heard that, that it was an add-on item. It would be interesting to Page 63 September 28, 1999 look into that history. COMMISSIONER CONSTANTINE: Meeting just before Christmas. MR. ILSCHNER: Madam Chairman? COMMISSIONER CONSTANTINE: Great gift to the community. CHAIRWOMAN MAC'KIE: Yes. MR. ILSCHNER: For the record, Ed Ilschner. And we are prepared to brief the board on this item. We have in the audience this morning Robert Hauser, Jr. with CDM who can brief the board on this issue. CHAIRWOMAN MAC'KIE: Are there three who are interested in hearing about this host fee issue? COMMISSIONER CARTER: Well, I'm not in favor of host fees, so it doesn't make any difference. Whatever you want to do. CHAIRWOMAN MAC'KIE: John's certainly made it clear he's not. COMMISSIONER BERRY: Well, in further thoughts about it, you can cite not only the landfill -- that happens to be what we're talking about today -- but we have people who happen to live close to some water treatment plants that could certainly come up with the same argument, that because they happen to have built their houses recently around water treatment plants and their -- they could be in some cases noxious because of noise or odor, one or the other, depending on where they are -- COMMISSIONER CARTER: I agree, Commissioner. COMMISSIONER BERRY: -- that they might be entitled to the same kind of compensation. Where do you stop? COMMISSIONER CARTER: Well, that's -- and you said it better than I have, Commissioner Berry. That's my objection to host fees, is I don't know where it stops and what qualifies. And I don't want to get into that situation at this point. CHAIRWOMAN MAC'KIE: Maybe we could hear then from the public speakers and see if they have something that persuades someone to change their mind. Do we have -- MR. McNEES: No. CHAIRWOMAN MAC'KIE: Well, I know that we have one. Just come on up, Tom. MR. HENNING: Thank you. Again for the record, Tom Henning, resident of Golden Gate. I have a story that parallels the asking of the host fee that I must share with you. My son came to me a couple of months ago and says, "Dad, I would like to have a pit bull." And I'm thinking the history of these pit bulls, why? He really didn't want a pit bull, but he wanted some kind of animal. And that's what this is all about. I don't want host fees, and I'm glad that the board recognizes it's not the wise thing to do. I want to just get your attention to say that the odor problem is not the only issue dealing with the landfill. And we haven't even addressed those. And I hope if we're not going to do it today, that some time in the future we will. Because it's been going on since 1976. So thank you. CHAIRWOMAN MAC'KIE: Thank you, Tom. Page 64 September 28, 1999 COMMISSIONER NORRIS: I'll make a motion that we decline to get into the host fee business. CHAIRWOMAN MAC'KIE: It's just a presentation, so we may not even need to vote. Sounds like just the direction of the board will be sufficient. COMMISSIONER NORRIS: Well, I don't know. It might take a formal motion. CHAIRWOMAN MAC'KIE: Do you need a vote? COMMISSIONER NORRIS: Do you need a vote? COMMISSIONER CONSTANTINE: To take no action? MR. WEIGEL: If a motion is made on the floor, it is the Chair's prerogative to recognize that motion. CHAIRWOMAN MAC'KIE: Okay. I don't think we need to, so we'll just let that one go. MR. ILSCHNER: Thank you, Madam Chairwoman. Item #8B3 PAYMENTS TO WASTE MANAGEMENT, INC. FOR OPERATING COST INCREASES AT THE NAPLES LANDFILL - APPROVED SUBJECT TO AN INTERNAL AUDIT TO BE PERFORMED BY CLERK,S AUDITING STAFF, ENSURING THAT THE AMOUNTS ARE CORRECT CHAIRWOMAN MAC'KIE: We'll hear -- yes, sir -- approval of payments to Waste Management for operating cost increases. And Mr. Weigel, just to wrap up the whole garbage discussion, can we do the 12(C) item before the lunch break? MR. WEIGEL: Sounds good to me. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: What item are you on now? CHAIRWOMAN MAC'KIE: We are on (B) (3). (B) (3) on the additional payments. Then we're going to do 12(C) (1). And then we're going to take a lunch break. So if you're here for anything other than the garbage talk, you might as well go to lunch and we'll be back an hour after we finish. MR. RUSSELL: For the record, David Russell, solid waste director. This item involves a request for approval of payments to Waste Management related to operating costs that it has occurred since approximately December 24th when the DEP visited the site and declared that there was going to now be a requirement to add additional fill material to the cap area of Phases I and II of Cell 6. And also, to cease and desist using C&D as alternate cover and to cease using mulch material as daily cover. I've addressed all these. There's four main components here, and I've addressed them in detail in the summary, and I can answer any questions you might have about these. CHAIRWOMAN MAC'KIE: Questions? Commissioner Constantine, then Commissioner Norris. COMMISSIONER CONSTANTINE: Question: What's the responsibility Page 65 September 28, 1999 of Waste Management here that -- where in Section 2.9 of our contract it specifically says they must use best management practice for odor control. And I still have this vision of George Varnadoe standing over there telling us they will do whatever necessary to make sure that there is no odor. And he also promised it wouldn't smell within six months of them taking it over. But they would do whatever was necessary, that was their responsibility, and they would do best management practice because they'd do anything to make that smell go away. It seems as though this falls into that claim from their own attorney that they would do best management practice and it then isn't an unusual cost. It's what they promised from that podium when we entered the contract. I'm wondering why that should fall to the ratepayer instead of to them. MR. RUSSELL: The problem we have, that the contract also included in 2.14 and 2.15 that they are required to use the C&D material as alternate daily cover, and also to recycle C&D at a rate of 80 percent. So I think we have to admit, we shot ourselves in the foot because we did not anticipate an odor problem with that material. And it's basically come home to roost here. CHAIRWOMAN MAC'KIE: Mr. Weigel, have we got a legal argument we could make that this is not the county's -- ratepayer's responsibility, but in fact is something Waste Management should absorb? MR. WEIGEL: As far as a pure legal argument for the total amount, I don't see that that is there. You know, as an attorney, we look at the contract language real closely and the specifics. And I just say, as a county employee, I'm surprised that the material being used as cover would not have been known by someone in the industry to have created an odor problem long before now. CHAIRWOMAN MAC'KIE: That's what comes to my mind, too. It was shocking to me as we learned about gypsum board that Waste Management didn't know about gypsum board causing a smell before. MR. RUSSELL: The comment I might add to that is that the county started using this alternate material really back as far as 1991 and with quarterly inspections by DEP all the way. And I think -- and truly the whole industry is finding out that wallboard is a bigger problem. There's some research and development projects going on right now to address that very thing that are being conducted by the state. And we're kind of a victim of that lack of information. COMMISSIONER CARTER: And am I also correct that the DEP came back to us and said you no longer can use it? MR. RUSSELL: That's correct -- COMMISSIONER CARTER: So a -- MR. RUSSELL: -- that very same day. COMMISSIONER CARTER: -- regulatory agency came in and stopped a past management practice which -- MR. RUSSELL: That they had formally approved. COMMISSIONER CARTER: -- which we were using, and then the contractor then picked up and utilized and put into his contract, so Page 66 September 28, 1999 CHAIRWOMAN MAC'KIE: Well, and Mr. Weigel's answered the question that you appropriately raised. COMMISSIONER CONSTANTINE: Yeah. If Mr. Weigel tells us we have no legal basis, then -- CHAIRWOMAN MAC'KIE: Then we don't. COMMISSIONER CONSTANTINE: -- what is our legal requirement to grant the increase? MR. WEIGEL: Well, the legal requirement has to do with the change of applicable law, looking at the definitions in the contract of applicable law, and a regulation -- I don't have the whole surfeit of definitions, but a regulation or a change in ruling by an agency does qualify as a defined change in the applicable law. COMMISSIONER CONSTANTINE: Do we have speakers? MR. McNEES: You have one speaker, Cheryle Newman. CHAIRWOMAN MAC'KIE: Let's hear from Ms. Newman. COMMISSIONER CONSTANTINE: Wait, she said the next time we hear from her would be as a private citizen. MS. NEWMAN: After today. COMMISSIONER NORRIS: Oh, after today. CHAIRWOMAN MAC'KIE: Today we hear from her as a community leader. MS. NEWMAN: That's right. Cheryle Newman, for the record. I don't have too much to say about this. I agree with Commissioner Constantine that they're in the business to make money. That's their business. They know what the rules and regulations are, they should know what the rules and regulations are going to be changed to, and they should have come to the county to say that these kind of things were going to make -- the changes were going to be made. I don't think the county nor the ratepayer should have to pay this increased cost to do what is normal to operate the landfilling operation. That's all I have to say. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER NORRIS: Mr. Russell, is -- these figures, were they arrived at through any kind of a formal accounting, or -- MR. RUSSELL: Waste Management provided us with statements of their actual cost before any payments would be made. We would review the individual invoices on those deliveries of fill material to -- COMMISSIONER NORRIS: Would it make any sense to -- MR. RUSSELL: -- be looked at in detail. COMMISSIONER NORRIS: -- have a more formal accounting before we authorize the payment? COMMISSIONER CARTER: I think we ought to have a condition -- MR. RUSSELL: Payment request would come with -- COMMISSIONER CARTER: -- on an audit. I think we ought to have an audit before we -- what I'm saying is a conditional approval with an audit I think is what Commissioner Norris is saying. COMMISSIONER NORRIS: Well, I wouldn't go so far as to say audit. Page 67 September 28, 1999 It seems a little severe -- COMMISSIONER CONSTANTINE: Deja vu. COMMISSIONER NORRIS: -- but have -- yeah. Have somebody -- CHAIRWOMAN MAC'KIE: Well, we need to confirm that the figures that were provided were accurate, you know, before we spend county tax money. You're going to confirm that it's money that if you were in charge of spending it, you would have spent it. COMMISSIONER NORRIS: I just think maybe either our internal auditor or our external auditor could go just look at it and have a more formal accounting before we -- MR. RUSSELL: I might suggest that if we reviewed these figures with our office of management and budget, the detailed figures on their submittals on these invoices -- COMMISSIONER CONSTANTINE: Would anybody object if we had somebody from Dwight's finance department? They always seem to be the great advocate for the public. If they'd be willing to do it, they'd probably do a thorough job. CHAIRWOMAN MAC'KIE: The internal audit department. That's appropriate. COMMISSIONER NORRIS: Either internal or external. COMMISSIONER CONSTANTINE: Yeah, that'd be great. CHAIRWOMAN MAC'KIE: Because it is an extraordinary expense for us to be looking at a change this significant. MR. McNEES: Madam Chairwoman, if I may. It goes without saying, we would review extensively any of these payments before they're made. We're not going to pay for additional cover or any of these expenses that Waste Management hasn't well documented are reasonable and legitimate. So if you want us to get the internal auditor in on that process, that's fine. We would do that with any invoice we get from any vendor, so -- CHAIRWOMAN MAC'KIE: And so I guess what I'd ask is that whoever makes a motion, assuming they'd be in support of this, that it be conditioned on internal auditing from the clerk's office confirming the appropriateness of the amounts. COMMISSIONER CARTER: I would make that motion. COMMISSIONER CONSTANTINE: Considering Mr. Weigel's comments, I'll second the motion. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Is there further discussion? We have a speaker, I think. I think we heard from her. Okay. Any further discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #12C1 RESOLUTION 99-383 ADJUSTING LANDFILL TIPPING FEES, RESIDENTIAL ANNUAL Page 68 September 28, 1999 ASSESSMENTS AND COMMERCIAL WASTE COLLECTION FEES - ADOPTED And while you're up here, we'll talk about Item 12(C) (1), which is a rate resolution to adjust landfill tipping fees. COMMISSIONER CONSTANTINE: David, the only question I had on here, the consumer ones, the general pickups look normal, the construction and debris looks reasonable. Why the large jump in yard waste? MR. RUSSELL: That was also related to a situation where DEP said you could no longer use that material, incorporate that with the C&D as daily cover. So now an extra step is required in that. Before we only used to put through a tub grinder, and now it has to be screened to make a product that's usable as a boiler fuel for the sugar mills over in Okalana. And that added cost needs to be added to that tipping fee to cover that cost. We still have a rate that's much lower than the state average. We've enjoyed a very low rate. We've had a keep-it-simple method of processing this material. I'm afraid with this change in directives from DEP, we don't have that opportunity. And with 70,000 plus tons of this material a year, we have to have a home for this material. CHAIRWOMAN MAC'KIE: David, have you looked into -- or will you, I guess, is the better question, look into the issue of reducing that rate for -- I'm sorry, you were talking about horticultural, but for construction debris, where it is separated so that it's easily recycled? MR. RUSSELL: We did broach that subject with the contractors. And given their space limitations, they weren't too encouraging about participating in a plan like that. CHAIRWOMAN MAC'KIE: But we can't -- MR. RUSSELL: It's a tough proposition. Our immediate plan -- and then there's an increase in the C&D rate to address this -- is to pull that drywall out of the C&D waste stream and export it. CHAIRWOMAN MAC'KIE: Exporting it is fine. Putting it in a place where it doesn't bother anybody is better, if that's an option. The question, though, as I understand it, we're only recycling 25 percent of the construction debris that is -- has a great market that we can sell. And if we could require the contractors to bring it in, segregate it, we could probably reduce what we're putting in the landfill significantly. We're burying recyclable materials for which there is a ready market. MR. RUSSELL: We could certainly go back to the contractors and talk with them further about that possibility. CHAIRWOMAN MAC'KIE: And I guess what I would ask you to do is, regardless of the way it's received by the contractors, continue to tell the board about that as a potential option, whether contractors think it's a good idea or a bad idea. I still think -- COMMISSIONER CARTER: Well, I think -- CHAIRWOMAN MAC'KIE: -- it's our obligation. COMMISSIONER CARTER: -- that we'd want to work with CIBA (sic) on that and get them involved in this process and communicate to them Page 69 September 28, 1999 our concerns and why we're asking them to do what we're doing. CHAIRWOMAN MAC'KIE: Right. MR. RUSSELL: Hopefully these rate increases are going to be short-term and we're going to find a way to get them back down again in the future. But at the present time, I don't see us having an alternative for the short-term. CHAIRWOMAN MAC'KIE: We're burying way too much recyclable material that has a ready market. That's what I want to avoid, or come up with a way to avoid in the future. COMMISSIONER CONSTANTINE: What's Waste Management's responsibility in there? Once we turn that over to them, I mean, if they can turn a buck recycling that, I've got to assume they want to do that. CHAIRWOMAN MAC'KIE: Do you want to talk to us about that, Mr. Bigelow? COMMISSIONER CONSTANTINE: I mean, on both accounts it works to their advantage to maximize the recycling, because they can -- if it is a market that there's readily a demand for. And two, that preserves more space which they can continue to go and fill at a cost per ton. MR. BIGELOW: Steve Bigelow, district manager for Collier County Landfills Waste Management. Commissioner, you're absolutely correct. The incentive certainly is there for our company to do more recycling. In fact, I think the contract even specifies that the revenues generated from recycling belong to us. If the option were available for wood, metal or cardboard to come in separately at a lower rate, we're certainly agreeable. We'd point out there's a base rate in the contract currently of what, 16.34 or 16.24. That would probably be the bottom line, David, plus a few pennies to handle the cost of the scale house operation. CHAIRWOMAN MAC'KIE: But am I right that you're burying maybe 75 percent of that material that would otherwise be -- MR. BIGELOW: Approximately, I'd say, about 75 percent of the C&D materials right now that we're currently receiving is currently being buried. However, I would point out to you that probably 100 percent -- no, 96 percent -- David, you maybe could help me -- maybe 90 percent of the C&D material was going in the landfill when we were creating a cover material with it. We weren't using dirt, so we were conserving air space. CHAIRWOMAN MAC'KIE: Right, different circumstance now that you're required to use fill. MR. BIGELOW: Right, right. CHAIRWOMAN MAC'KIE: So we need to -- MR. BIGELOW: And we're pulling -- the 25 percent right now represents what we consider the practical amount to pull and be economically feasible. However, I met with members of my own company yesterday from the East Coast to look at the possibility of pulling even more recyclables out. And when you can separate, say, the ferrous metal from the non-ferrous metal, it makes it more financially Page 70 September 28, 1999 feasible. So we're lookin9 for those alternatives. CHAIRWOMAN MAC'KIE: And I'd like to ask staff to look at the alternatives for separating them as they come in, reducing the rate and encouraging more recycling of those materials. COMMISSIONER CONSTANTINE: I'd like to move the item. COMMISSIONER NORRIS: Close the public hearing? CHAIRWOMAN MAC'KIE: Okay. Yeah, it is a public hearing. We'll close it. COMMISSIONER CONSTANTINE: Whoops, now I'd like to move the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. We'll take a lunch break till 1:30. (Lunch recess.) Page 71 SEP 2 8 1999 RESOLUTION No. 99- 383 RESOLUTION SUPERSEDING RESOLUTION 98-393 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS, The Board of County Commissioners through County Ordinance No. 84-31 has implemented the user fee system for solid wasle to all public and private users. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION 1: Resolution No. 98-393 is hereby superseded in its entirety. SECTION 2: The following fee schedule is approved for all users of the Collier County Solid Waste facilities: Landfill Fees: All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No rounding. Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other waste shall not be accepled. General Wastes: $27.07/ton Special Wastes: $22.62/ton for Construction/Demolition Debris. $27.07/ton for tires cut into 8 equal pieces. $92.03/ton for whole tires. Car or truck tires: $4.00/tire 16" or larger size (no change from FY99). Car or truck tires: $1.00/tire 15"or smaller size (no change from FY99). Large tractor or heavy equipment tires on per ton basis only. $19.94/ton for Biomass. $9.97/ton for processed Biomass 2" or less in size. No charge for clean fill material suitable as daily cover less than 6 inches in size. $4.33/ton for clean material suitable for use as backfill greater than 6 inches in size. Definitions of Special Wastes: Special Waste I: Difficult-to-handle material requiring pre-acceptance site preparation (example: asbestos, ash, powders). $135.33/incident, plus 2 times applicable base rate. Special Waste II: Waste requiring special acceptance procedures, but no special site preparation. Two times applicable base rate, except sludge @ $20.76/ton for Collier County Utilities. Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, lead-acid batteries) $10.83 per item. Transfer Station Fees (No change from FY99 Rates): $4.25/use/automobiles and station wagons both full-size and compacts (less than lA cubic yard) $8.50/cubic yard/trucks, trailers, vans (volume rounded to nearest yard) (more than ½ cubic yard) Car or truck tires: $4.00/tire 16" or larger rim size. Car or truck tires: $1.00/tire 15" or smaller rim size. Large tractor or heavy equipment tires accepted only at landfill. SEP 2 8 1999 WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS Waiver of disposal fees for community and neighborhood clean-ups and right-of-way clean-ups by volunteers or County agencies requested in advance may be approved by the County Administrator or his designee. RESIDENTIAL COLLECTION AND DISPOSAL FEES (Includes Collection of Recyclables) Service Area Number One: Curbside Twice/week Collection Fee $ 78.03 +Disposal Fee 31.67 =Annual Fee $109.70 Special Request Backdoor Service - Service Area Number One: $350.00 per year in addition to the annual assessment for the unit. Service Area Number Two: Curbside Backyard Twice/week Twice/week Collection Fee $ 80.59 $107.43 +Disposal Fee 31.67 31.67 =Annual Fee $112.26 $139.10 Recycling Bin Fees: Each residential unit is provided an initial bin at no charge by tile County. Replacement of bins due to normal wear will be provided by the Franchisee at no charge to the residential unit. Unserviceable bins must be presented in exchange for replacement bins. Replacement of bins due to loss or negligence of the residential unit, to be paid for by the customer at a cost of $5.00 per bin. Bins must remain with the residential unit regardless of change of unit ownership. Standard Container Fees: Each residential unit is provided an initial container at no charge to the unit owner. Containers will remain with the residential unit regardless of change in unit ownership. Replacement of containers due to normal wear will be provided by the franchisee. Unserviceable containers must be presented for exchange. Replacement of containers due to loss or negligence of the residential unit will be paid by the customer in an amount equal to the franchisee's cost for the container, plus a $5.00 delivery fee. Each 'SEP 2 8 1999 customer is entitled to one change of container size at no additional cost. A delivery charge of $5.00 will be paid by the customer for additional changes in container size. Customers requesting an additional container will pay an amount equal to the franchisee's cost, plus a $5.00 delivery fee. COMMERCIAL COLLECTION AND DISPOSAL FEES Service Area Number One: - Mandatory multi-family recycling collection fee is $.92 per-unit per-month. Service Area Number Two: - Mandatory multi-family recycling collection fee is $.95 per-unit per-month. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. 1 SECTION 3: The effective date of this Resolution shall be October 1, 1999. This Resolution adopted this 28th day of September, 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal s~cien~: David C. Wcigci, ~u~W ~orncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /~ / CHAIRWOMAN / S£P 2 8 1999 Attachment No. 1 Page 1 of 4 EFFECTIVE DATE 10/1/99 SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. 8 CU. YD. FREQ. PER WEEK RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLLIER COUNTY~ ,INC. BULK CONTAINER COMMERCIAL RATES RATE PER MONTH COLLECTION DISPOSAL TOTAI~. 1 69.34 12.98 82.32 2 111.38 25.96 137.34 3 146.34 38.94 185,28 4 209.73 51.93 261,66 5 218.60 64.91 283.51 6 255.92 77.89 333.81 1 88.87 25.96 114.83 2 164.70 51.93 216.63 3 219.18 77.89 297.07 4 284.33 103.87 388.20 5 344.76 129.82 474.58 6 418.20 155.78 573.98 1 128.54 38.94 167.48 2 203.78 77.89 281.67 3 315.74 116.84 432.58 4 386.22 155.78 542.00 5 499.35 194.74 694.09 6 580.49 233.67 814.16 1 145.76 51.93 197.69 2 260.64 103.87 364.51 3 367.27 155.78 523.05 4 483.34 207.70 691.04 5 588.77 259.65 848.42 6 713.15 311.57 1,024.72 EXTRA CONT. SERV. 17.94 PER PICKUP 35.85 PER PICKUP 53.77 PER PICKUP 71.69 PER PICKUP Restart Fee: $59.26 Attachment No. 1 Page 2 of 4 SEP 2 8 '1999 EFFECTIVE DATE 10/1/99 SIZE 2CU. YD. 4 CU. YD. 6 CU. YD. 8 CU. YD. FREQ. PER WEEK RATE SCHEDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT OF COLLIER COUNT, Y~ !NC. BULK COMPACTOR COMMERCIAL RATES RATE PER MONTH COLLECTION DISPOSAL TOTAL 1 121.45 71.39 192.84 2 188.57 142.83 331.40 3 309.61 214.21 523.82 4 308.16 285.61 593.77 5 307.64 357.05 664.69 6 368.96 428.42 797.38 1 214.88 142.83 357.71 2 387.73 285.61 673.34 3 524.16 428.42 952.58 4 662.07 571.25 1,233.32 5 799.44 714.02 1,513.46 6 938.59 856.85 1,795.44 1 313.33 214.21 527.54 2 451.88 428.42 880.30 3 729.27 642.64 1,371.91 4 850.86 856.85 1,707.71 5 1,141.57 1,071.06 2,212.63 6 1,354.45 1,285.27 2,639.72 1 341.60 285.61 627.21 2 578.75 571.25 1,150.00 3 814.86 856.85 1,671.71 4 1,052.48 1,142.46 2,194.94 5 1,288.39 1,428.10 2,716.49 6 1,527.30 1,713.71 3,241.01 EXTRA CONT. SERV. 50.57 PER PICKUP 77.41 PER PICKUP 116.11 PER PICKUP 142.94 PER PICKUP Restart Fee: $59.26 Attachment No. 1 Page 3 of 4 SEP 2 8 1999 EFFECTIVE DATE 10/1/99 EQUIPMENT SIZE 20 CUBIC YARD 30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR RATE SCHEDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT OF COLLIER COUNTY~ INC. ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS MONTHLY EQUIPMENT CHARGE $ 88.90/CONTAINER $100.75/CONTAINER $112.59/CONTAINER VARIES WITH EQUIPMENT HAUL CHARGE $88.90- 140.52/LOAD* $88.90 - 140.52/LOAD* $88.90 - 140.52/LOAD* $207.4 l/LOAD *Varies depending on distance from disposal site. Roll-off rates do not include disposal charges. Reinstatement charge for suspended service due to non-payment - $59.26 per suspension. Recreational vehicle parks, mobile home parks and mobile home subdivisions that contract to receive curbside service shall pay the commercial standard container rate multiplied by the number of rented or individually-owned recreational vehicles or mobile homes within such park(s) or subdivisions. Attachment No. 1 Page 4 of 4 SEP 2 8 1999 EFFECTIVE DATE 10/1/99 RATE SCHEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERVICE COMPANY BULK CONTAINER COMMERCIAL RATES SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. FREQ. PER WEEK RATE PER MONTH COLLECTION DISPOSAL TOTAL 1 53.33 12.63 65.96 2 104.30 25.26 129.56 3 130.37 37.89 168.26 4 159.99 50.53 210.52 5 183.69 63.16 246.85 6 201.47 75.79 277.26 1 82.98 25.26 108.24 2 154.08 50.53 204.61 3 219.24 75.79 295.03 4 278.48 101.07 379.55 5 331.81 126.32 458.13 6 379.22 151.58 530.80 I 148.15 37.89 186.04 2 219.24 75.79 295.03 3 284.41 113.69 398.10 4 343.66 151.58 495.24 5 397.00 189.49 588.49 6 444.38 227.37 671.75 EXTRA CONT. SERV. 18.47 PER PICKUP 36.91 PER PICKUP 55.37 PER PICKUP Restart Fee: $59.26 September 28, 1999 Item #8B4 PRESENTATION OF THE TRAFFIC ANALYSIS FOR SANTA BARBARA BOULEVARD CORRIDOR STUDY (PROJECT #60091) - ALIGNMENT C AS A FOUR-LANE WITH ALIGNMENT A AS A TWO-LANE CHAIRWOMAN MAC'KIE: We'll call the meeting of the Board of County Commissioners back to order. And we're done talking about trash, but I think we're going to talk about Santa Barbara Road, if I could find where we are. It's 8(B) (4). Yes, sir? MR. WILEY: Good afternoon, Commissioners. For the record, my name is Robert Wiley. I'm with your public works engineering department. And today we want to bring to you the results of the traffic study that you asked us to have performed. I have with us today representatives from Tindale-Oliver. I have Mr. William Roll and Mr. Bill Oliver. Should you have any questions, they'll be able to answer them. They have a computer presentation to present to you, showing you some of the Corsim modeling. There's also some slides they want to present to you. So at this time I would like to have them come and give their presentation, and then we will discuss with you the recommendations we're going to be making. MR. ROLL: Good afternoon. Today we're going to give you a brief presentation on the Santa Barbara Boulevard study, which we preformed for the county. My name is William Roll, I'm with Tindale-Oliver and Associates. We're going to go over a brief overview of the purpose of the study, the results that we came up with, and provide you with some recommendations on how to proceed. We understand that in the near future you're going to have to make a decision as to which of several different corridor alignments you're going to select for Santa Barbara Boulevard, as an extension south of Davis Boulevard. We took a look at two of those corridor alignments which were given to us. We took a look at those alignments in terms of the capacity they would provide, the flexibility they would give you and future boards, and also what kind of community impact the alternatives would have. Our study area was a portion of southwestern Collier County. And if we zoom into an area, you'll see that our city area is basically bordered by Davis Boulevard to the north, U.S. 41 to the west and County Road 951 to the east. So it's a fairly large area that we're talking a look at. And you'll see it on this figure the two corridors that we're taking a look at, Santa Barbara Boulevard and the Alignment A. COMMISSIONER CONSTANTINE: Before you go too far, can you tell me what your understanding of the purpose of the corridor was? In other words, to get traffic from where to where, or -- MR. ROLL: Our understanding, that the primary purpose of the Page 72 September 28, 1999 corridor would be that it would be an arterial corridor in that it would be responsible for providing for north-south travel through the area. For example, let's say if you wanted to go to Naples, downtown Naples, or up to the interstate from Marco Island, that you'd have an alternative route other than U.S. 41 and County Road 951. COMMISSIONER CONSTANTINE: And I just wanted -- I appreciate that. I just wanted to make sure the understanding was clear. It wasn't simply to get from Davis to Rattlesnake. MR. ROLL: Right, right. Santa Barbara Boulevard, in terms of a corridor, is an arterial corridor. It's meant to serve that regional travel. Alignment A, on the other hand, is more of a local collector road. It's meant to provide access to the surrounding properties and also to accommodate some of the neighborhood traffic, say, from St. Andrews Boulevard, if you live in that community, to accommodate that. We also note that there's a couple other road improvements that you have scheduled as far as new roads, and that would be the extension of Grand Lely Drive to the north, up to Rattlesnake Hammock to meet up with the Santa Barbara corridor. And also the construction of a new east-west road from County Barn to County Road 951, that being -- we called it Whitaker Road, but it's currently unnamed. One of the first things we did was take a close look at your population growth forecast for the year 2024. And I'm going to review with you population increases from 1990 and the year 2024. And the reason why I selected those years is they are the years that you've used for your adopted transportation plan. Overall, county-wide your population growth from 1990 to the year 2024 is expected to increase by 300 percent, a very significant increase. If we look at growth just within our study area that I described a few minutes ago, we see the population is anticipated to increase by over 360 percent. CHAIRWOMAN MAC'KIE: In how much time? MR. ROLL: From the year 1990 to year 2024, so 34 years. CHAIRWOMAN MAC'KIE: Have you used the good numbers? That just sounds extraordinarily high. COMMISSIONER CONSTANTINE: We've actually had a couple -- she says good number. We've had a couple of revisions on our numbers. MR. ROLL: Yes, yes. This is based on the -- I believe it was the 4,022. It's your current cost affordable planned network. We did make some adjustments within this particular area based on approved developments. We pulled all your PUD's for Lely and some of the other surrounding communities to ensure that when we get to the modeling process that we've got enough growth for particular zones and that we're loading. So we actually added in this particular area, approximately 20,000 persons, but that was consistent with the approved development that we reviewed. COMMISSIONER CONSTANTINE: When we say consistent with approved, oftentimes the county has approved things at, say, four units per acre for single-family. The actual building may happen at two units per Page 73 September 28, 1999 acre. MR. ROLL: Right, right. COMMISSIONER CONSTANTINE: Is that taken into consideration, or are you just plugging in the maximum number allowed? MR. ROLL: It's based on -- when you have a developer come in, they get like a PUD rezone. They're responsible for doing a traffic impact study. We did use those maximum numbers. So from that standpoint, perhaps the volumes are a little bit high within that area. But I think it's a good conservative approach to take. COMMISSIONER CONSTANTINE: Better too high than too low. CHAIRWOMAN MAC'KIE: Of course. MR. ROLL: If we move on to Region 2, which includes Marco Island to the south, we'll see that you also have a 300 percent increase in population. And finally, Area 3 which we've defined indicates an increase in population from about 12,000 persons -- excuse me, from about 1,200 persons to about 13,000 persons. And most of that development really is going to be concentrated along the County Road 951 corridor and down U.S. 41, down to the southern portion, based on the development plans that we've seen and direction from county staff. CHAIRWOMAN MAC'KIE: I wish I had the perspective to -- but isn't this basically Southern Golden Gate Estates you've just highlighted in red there? MR. ROLL: I'm highlighting a rather large area. CHAIRWOMAN MAC'KIE: That's not going to be developed. MR. ROLL: Ma'am? CHAIRWOMAN MAC'KIE: That's not going to be developed, the South Estates. MR. ROLL: I'm showing probably a larger area than what I should. Really, most of the development that we're seeing as far as the actual population numbers -- COMMISSIONER CONSTANTINE: Maybe I can help you here. On the west side of the portion that shows as red, what road is that? MR. ROLL: The west side, that's County Road 951. CHAIRWOMAN MAC'KIE: That's the urban boundary. COMMISSIONER CONSTANTINE: That's your point. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: Yeah, so -- In other words, the -- There's not going to be 12,000 -- -- area that's marked 3. -- people in that area marked 3. Well, he's still -- okay, but he's showing you by percentages. Are you not, percentages of increases, rather than -- MR. ROLL: I'm showing percentages, but I'm also showing whole -- real numbers from 1992. COMMISSIONER NORRIS: But see, the point is, you know, like the Colliers have a big development coming in along the east side of 951. And then there's several little -- you have Falling Waters down there, and you have some more -- I can't name them -- going out on the north side of 41, going out to the east some. Page 74 September 28, 1999 But you're right, in Golden Gate Estates you're not going to have any development pressure. CHAIRWOMAN MAC'KIE: It's just hard to imagine that if you actually drew a thick red line along the roadways there, which is what would be more accurate -- COMMISSIONER NORRIS: Exactly. CHAIRWOMAN MAC'KIE: -- that 12,000 people are going to fit in that area. MR. ROLL: Based on the MPO's, SC data and a couple of the adjustments that we did, yes, ma'am. CHAIRWOMAN MAC'KIE: I can't see it. MR. ROLL: Really, most of it is concentrated down in the southwestern corner of that zone, down U.S. 41 and County Road 951. That's where most of the growth is. CHAIRWOMAN MAC'KIE: 12,000 people. MR. McNEES: The red is not actually the urban boundary. The red would be one mile west and to some degree one mile south of the urban boundary. So that's the area he's talking about. COMMISSIONER CARTER: This is based on what's there and what's projected and what's been approved. MR. ROLL: It's based on the MPO's plan, checked for consistency with approved development. COMMISSIONER CONSTANTINE: And I think that's the important point. By no means on any of this am I criticizing. I'm just trying to know -- MR. ROLL: That's a valid question. COMMISSIONER CONSTANTINE: -- from what data base have you based your information. MR. ROLL: If I move on, population growth is very significant. I think we see that. And corresponding with an increase in population, you're going to have an increase in travel demand on your major road network. And when we go and look at your road network, excluding the two corridors at this time, we see that nearly every road within this area is being improved with the exception of St. Andrews Boulevard. You've got a lot of four-laning projects for two-lane roads, and six-laning of four-lane roads. So there's a number of significant improvements that you're having. We took a look at the current laneage that you have out here. Right now you have about 12 lanes of capacity on your north-south arterial road network. If we drew a line just south of Davis Boulevard and counted the number of lanes, we'd have 12 lanes. Your latest level of service report that was preformed by your staff indicated that you're using up about 75 percent of your capacity on those 12 lanes. When we took a look at the future year volume projections, took into consideration the number of lanes that you have intended, excluding the two corridors, it indicated to us that you needed a total of 22 lanes of capacity in the future. All but six of those lanes being provided by the roads that you see here in the year 2024. Page 75 September 28, 1999 That indicated to us that if you just put in the Alignment C or the Santa Barbara Boulevard extension, that that road would need to ultimately be a six-lane road. Or, as an alternative, you can build most of the Santa Barbara Boulevard extension as a four-lane road and build your Alignment A collector road to serve the more local traffic. CHAIRWOMAN MAC'KIE: That's the one that makes some sense. COMMISSIONER BERRY: Now, which one -- excuse me, go back over that part of it again. MR. ROLL: Okay. You have two options, basically. You can go with the six-lane -- a single six-lane arterial road, that being what I'm calling Santa Barbara Boulevard, which would go from the end of Grand Lely Drive up to Davis Boulevard, or you can build both that arterial road as just a four-lane road and build Alignment A as a two-lane road. So you're still providing six lanes of capacity, you're just using two different roads to do that. And when we look at forecast traffic volumes on these roads, they're very high. On the northern portion, you'll see that the volumes are in the range of around 50,000 vehicles per day. I'm showing two numbers here. The numbers in red are the daily volumes without the collector roadway. The volumes in blue indicate the volumes with the collector roadway. And what we see here is a shift of about 10 to 11,000 vehicles per day onto the Alignment A corridor. The Institute of Transportation Engineers -- CHAIRWOMAN MAC'KIE: Is Alignment -- I'm sorry, Alignment A is the two-lane? MR. ROLL: Two-lane collector. CHAIRWOMAN MAC'KIE: And B -- MR. ROLL: And Santa Barbara Boulevard is the arterial. CHAIRWOMAN MAC'KIE: Okay, just wanted to know which is which. MR. ROLL: The Institute of Transportation Engineers Transportation and Land Use Handbook indicates that a major residential collector roadway should carry somewhere around the order of 10,000 vehicles per day. So the functioning of this road is consistent with, you know, the approved procedures, as far as the industry is concerned. CHAIRWOMAN MAC'KIE: For a collector road. MR. ROLL: For a collector roadway. COMMISSIONER CONSTANTINE: One of the concerns here -- I want to make sure I'm reading the numbers because they're not crystal clear on our little screen. But as you get down to St. Andrews Boulevard, is that -- MR. ROLL: I want to cover that next. COMMISSIONER CONSTANTINE: Thank you. MR. ROLL: We understand that one of the major concerns of the community is what kind of impacts are you going to have when you tie in Alignment A with St. Andrews Boulevard. It's a very sensitive issue. Our volume estimates indicated that you're only going to have an increase of around 700 to 800 vehicles per day on that road. In terms of the total volumes, that's about 10 percent increase on St. Andrews. Page 76 September 28, 1999 And we understand why that's so important. Because this really is a -- it's a collector roadway, but it's also residential street. You have houses that are built directly accessing the roadway. And it's a sensitive concern. You've directed your staff to go out in the field and they put some traffic calming devices, trying to reduce speeds along that roadway and to try and discourage some of the travel on St. Andrews Boulevard. As far as providing for regional type traffic, St. Andrews Boulevard really isn't well suited for that. It's a very circuitous route. It doesn't really provide direct access from one point to another. The only folks that it really would be attractive to are those people who are immediately south of St. Andrews Boulevard along U.S. 41. If you're going to have any potential for cut-through traffic, that's where it's going to come from. And we actually looked at that in our analysis. I don't have a graphic here that displays it, but in the back of your report, as far as the report section itself, we ran a technique where we trace the trips passing through St. Andrews Boulevard and tried to track how many of them are coming in from the north and going to some point outside of St. Andrews Boulevard to the south. And the indication that that gave to us is that only about 12 percent of the total trips on St. Andrews Boulevard are beginning and ending outside of the community. So in other words, your pass-by trips. One of the things our staff also -- your staff also directed us to do is to do a little bit of simulation analysis to give you a perspective of what some of these roadways are actually going to look like in the future. This particular software I have here is called Corsim. It was developed by the Federal Highway Administration. It's a microscopic model. It looks at each individual car and how it affects other cars on the roadway network. Short of actually going out in the field and looking at cars, it's the best thing we can do analysis-wise to, you know, not only demonstrate how the effects will be in the future, but also in terms of some performance characteristics. Some of the numbers that are in the report came out of this analysis. It's going to be a little bit difficult for you to see the whole network, so I'm going to zoom in one particular intersection. This is Alternative 1, which is just the arterial roadway, the six-lane arterial roadway. CHAIRWOMAN MAC'KIE: Is this at six or at four? MR. ROLL: This is at six. And what I'm zooming in on is the intersection of Davis Boulevard and Santa Barbara. CHAIRWOMAN MAC'KIE: Simm City. MR. ROLL: Simm City was probably based off of this. You'll see a lot of the traffic out here. I'll go ahead and put it in motion and show you what it looks like. Page 77 September 28, 1999 One of the things that concerned us was the amount of traffic volumes actually at this intersection. On Davis Road, on the west side, you're running around 50,000 vehicles per day, and you're also running around 50,000 vehicles per day on Santa Barbara. And it's when volume -- when you add the two volumes up and they start to add up to 100,000, that starts to really concern us from a traffic engineering perspective, because it's difficult to accommodate that kind of traffic as an at-grade intersection. One of the things we had to do to get this particular intersection to work is to provide triple northbound left-turn lanes to be able to accommodate the traffic demand. CHAIRWOMAN MAC'KIE: You know, it's official, they have finally gotten it to a level that we can understand it. Give us a nice little picture with colored dots on it and we get it. MR. ROLL: I could bore you to tears with ratios and level of service grades but this means a little bit more to anyone, I think. COMMISSIONER BERRY: Okay, so this is taking -- assuming that the roadway from Davis down to Rattlesnake Hammock, just the two-lane roadway, is not -- MR. ROLL: This is the six-lane. COMMISSIONER BERRY: This is the six, right. MR. ROLL: Actually, whether -- either alternative we would look at, this particular intersection would basically look the same. You really wouldn't have any change, because you're going to have six lanes coming in at Davis Boulevard. You get a little bit further to the south, you'll continue a little bit of six lanes, you'll have a two-lane road that splits out from it. Then Santa Barbara will go to the four lanes all the way down to the south. So as far as this particular intersection, how it would work, it will more or less operate the same, either alternative. The volumes are still going to be the same coming into it. CHAIRWOMAN MAC'KIE: Okay. MR. ROLL: I'm going to minimize this one out. And I'm going to bring up Alternative 2, which included the collector road. And I thought it would be good to show the intersection of St. Andrews Alignment A at Rattlesnake Hammock. From a level of service standpoint, this intersection was analyzed as operating at a Level of Service B condition, which is very good. CHAIRWOMAN MAC'KIE: B as in boy? MR. ROLL: B as in boy. COMMISSIONER BERRY: Considering that most of our level of service roadways are D. CHAIRWOMAN MAC'KIE: As in dog. Okay, which is what here? This is C -- MR. ROLL: Okay, this is -- St. Andrews is the leg to the south on the bottom of the screen. Alignment A is to the north. And Rattlesnake Hammock is the east-west road. If you'll excuse me for a second, I need to pause something. I was trying to run two of them at the same time and a little bit too Page 78 September 28, 1999 much to ask of the computer. COMMISSIONER CARTER: And traffic congestion. MR. ROLL: So this is just a little bit faster than a realtime animation. COMMISSIONER CONSTANTINE: Is St. Andrews showing four lanes there? MR. ROLL: No. Actually, I'm showing three lanes northbound on the approach. Only one lane receiving. Probably not really necessary to do that. The -- if you provide a separate right-turn lane, then those volumes can make right turns at red. It operates a little bit better. So this is kind of an optimal. If you combine the lanes together, it'd probably, you know, go down to a Level of Service C condition. COMMISSIONER CONSTANTINE: Earlier you said St. Andrews really wasn't a very good, very viable cut-through -- that wasn't the term you used but -- for people because it's a circuitous -- MR. ROLL: Right. CHAIRWOMAN MAC'KIE: It's squirrely. COMMISSIONER CONSTANTINE: It's bad. COMMISSIONER CARTER: It's a squirrely road. MR. ROLL: It's a beautiful road. I think probably part of the issue as far as cut-through traffic, it's a very large road. There's a lot of pavement out there for you to be able to drive along. COMMISSIONER CONSTANTINE: But it's a circuitous road. MR. ROLL: Yes. COMMISSIONER CONSTANTINE: The -- and I'm asking this question. By your description, if we were to have some sort of T there or some sort of prohibitor from traffic coming south on Santa Barbara, continuing straight into that neighborhood, really wouldn't have a big impact. MR. ROLL: I think it would be a detriment from the standpoint that the road to the north is a collector roadway. And from our analysis, 88 percent of the traffic that's using St. Andrews Boulevard is local traffic. I'm not sure exactly what the number is, but I believe it was about 36 percent of that traffic was using St. Andrews. So if you put any kind of diverter there, 30 percent -- you know, about 35 percent of the people in that community who want to use that road are going to be prohibited from using that road. So it's a difficult issue, perhaps, of balancing potential neighborhood traffic impacts with the benefits in terms of access that it's going to provide the people that actually live there. COMMISSIONER CONSTANTINE: When you say using that road, do you mean both coming and going, or -- MR. ROLL: Right. COMMISSIONER CONSTANTINE: Okay. Thank you. COMMISSIONER BERRY: Did you take into consideration -- because I believe they use at Lely High School, students, do they not use St. Andrews Boulevard? COMMISSIONER NORRIS: That's why the speed humps are there. CHAIRWOMAN MAC'KIE: Thus the speed humps. How nice. Page 79 September 28, 1999 MR. ROLL: I wasn't specifically aware of that. Although the high school would be part of the trip generation characteristics, and so, you know, the daily trips that are being generated would be accommodated by that. CHAIRWOMAN MAC'KIE: Other questions? MR. ROLL: I've got one more slide. CHAIRWOMAN MAC'KIE: Good. MR. ROLL: I'm going to provide you some recommendations. Our recommendation would be to keep both corridors, both the extensions -- Alignment C that you know that I call Santa Barbara Boulevard extension, and the Alignment A, the local collector road. The benefits are it has less congestion in terms of their shorter travel distances. You don't have to -- if you're in St. Andrews, for instance, you don't have to travel all the way out to U.S. 41 or out to the Santa Barbara arterial segment to be able to get where you're going. So it reduces travel on Rattlesnake Hammock, for instance, resulting in less travel time. It improves local access. You're going to have development in that area and you're going to need some kind of road to provide for that development as far as accessing the rest of the road network. So the collector road does make good sense. I think an important issue is it preserves flexibility. You can build the two-lane collector roadway and the four-lane arterial roadway, and if capac -- if transportation travel demands for north-south travel increase significantly in the future beyond 2024, perhaps, you have four lanes on Santa Barbara. You can always six-lane it if you needed to in the future. If you build it as a six-lane initially, it's doubtful that you're going to be able to go in and eight-lane it. And more or less it's been the policy of the state on state roads that the maximum cross-section's going to be a six-lane arterial. So it's leaves you a little bit of flexibility. And finally, I think we've demonstrated that it has a minimal neighborhood impact. There is an impact, but it's minimal in nature. And I think it's more offsetted by the overall benefits that it will create. And with that, I'll conclude my presentation. If there's any questions that I can assist you with, I'd be more than glad to. COMMISSIONER BERRY: I don't necessarily have a question, but I think that this is one step that the Board of County Commissioners needs to look at in terms of our overall transportation effort in Collier County. I know this isn't the first time we've heard this, but as we review this, and I can tell you, I'm going to be bringing some other things to you in regard to other areas of the county, but this is something that I think we really need to address. Would you say that by doing this and keeping both corridors, would this get our level of service -- would it improve it from a D to a C-minus, maybe? MR. ROLL: It's going to improve your level of service when you Page 80 September 28, 1999 build the road. COMMISSIONER BERRY: Right. MR. ROLL: You're going to -- you're going to need the capacity somewhere along the corridor to accommodate the need. I wish there was something I could show you on the animation to make this maybe a little more clearer. But today you have 12 lanes. 75 percent of those lanes are consumed as far as capacity. Our forecasted traffic volumes indicate that you're going to need 22 lanes just to meet the need. So we're talking about 22 lanes, 100 percent consumed. So you're actually looking at B graded level of service in year 2024 whether you put the roadway in or you exclude it. Certainly putting in the corridor is going to be of significant benefit. I think you can look -- if you go down on U.S. 41 and you look at the volumes out there today, they're very significant, very heavy volumes. And it's already -- parts of it are already a six-lane road. It's recently been improved. And even with the improvement, you still have congestion. And that congestion is just going to get worse. Your alternatives are to really provide other roadway corridors to accommodate that need. And the southern portion of the county, as is other portions of your county that are already developed, you have limited opportunities to put roadways through because of the developments, the way the developments are laid in. So certainly, it's a needed improvement. COMMISSIONER BERRY: Is there any advantage to doing this sooner than later? MR. ROLL: Well, the sooner that you make the improvement, I think an argument can be made that the cost will probably be less if you have an increase in property values and construction costs. Also, you're going to provide a better level of service in the near term. The sooner that you provide the improvement, the public can make use of it. Perhaps the downside would be that it could accelerate the growth, development growth in the area also. Land development, private investment tend to chase after government investment. So that would be one thing that might offset it. You definitely need to preserve the corridors in the near term. You don't want to run the risk of lands that you could acquire today to build the extension of Santa Barbara Boulevard having development take place on them, because then that would preclude you in the future from making improvement without a great deal of pain. COMMISSIONER BERRY: What I'm thinking of, I think we have to think, we always talk about growth, you know, like it's what's to come. We already have it in many cases, and it's trying to accommodate people and the frustration of people as they drive on the roadways today, particularly during the season. Admittedly, as John always says, it's only about four months, but there are residents who live here all the time that get very, very frustrated, you know, trying to get around. And that was the reason for my question in terms of building it now as opposed to building it later. Obviously, understand the land cost. Page 81 September 28, 1999 MR. ROLL: You know, another issue, this is in your urban area boundary. This is where you've made the policy statement that you want the development to occur. So, you know, along with that policy statement comes the need to, you know, provide the infrastructure to be able to support that concentrated development. CHAIRWOMAN MAC'KIE: We aren't anti-growth. We want to manage growth. We want to manage it into the urban area. I think this supports that. COMMISSIONER BERRY: I think so, too. CHAIRWOMAN MAC'KIE: Any other questions or comments? COMMISSIONER CARTER: I guess the only question I have is how this lays down. And perhaps you're alluding to that to a total road network plan. And if this is a piece that's consistent with everything that we're trying to do, it makes a lot of sense to me. But are we improving one area only to force it into another? So I'm always looking for what's the overall plan. COMMISSIONER NORRIS: I think, Commissioner Carter, you may have not been on the board when we had a very detailed discussion about this. And if you don't do this particular type of a corridor, what impact it would have on that whole end of the county, and it was horrendous. COMMISSIONER CARTER: So from your past experience here, this seems like a feasible plan to correct the problem or begin to correct the problem? COMMISSIONER NORRIS: Well, it's certainly -- you know, it has its drawbacks in that we're going to go through an existing neighborhood. But it's really unfortunately the only option that we have to do the best job for the overall traffic flow in that end of the county. The other suggestions that we have declined in the past, which looked cheaper in the beginning, and looked like, until you go down into detail, that it might be acceptable, turns out to really destroy the traffic flow in the future on 951 and 41 both, not to mention you'd have to end up six-laning Rattlesnake Hammock, which you'll notice this does not show. So the consequences of not doing this plan are a lot worse than the consequences of doing it, ultimately. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CARTER: Thank you. COMMISSIONER CONSTANTINE: And this is more for staff. This isn't something specific that you were asked for. But can you tell me again, you know, we had talked about Route D and -- as kind of the public meeting crafted alternative. And then when you all came back, you had said you had some real reservations about that, and that's why we went ahead looking at C by itself or C and A. Can you just refresh my memory on what the concerns were with Route D? MR. WILEY: Yes, I'll be glad to. With the Alignment D that was known as the Con-Lo route with the Hancock curve, for those of you who remember all that. I don't know how we came up with that title, but it stuck with us for some reason. Page 82 September 28, 1999 The Alignment D started out basically the very same alignment at the north end as the Alignment C. As we come down just to the south end of Naples Heritage, it then took a very severe turn to the east. It went across the north end of the Wing South Air Park runway. It then had to get turned a 90-degree turn, which you can't do with a four-lane or a six-lane, so we had to make a great big gradual turn, turning a 90-degree curve to a large radius, getting back down right adjacent to the airport runway, running south and coming into Rattlesnake Hammock Road. And some of the concerns we looked at were from the standpoint it became very circuitous itself. Squirrely. CHAIRWOMAN MAC'KIE: squirrely. MR. WILEY: Right. It put a four-lane roadway which from the air has a very similar appearance to an airport runway, side by side with no divider between them. It went through a lot of wetland preserve areas. And it still hit residential homes. If fact, it hit as many if not more residential homes than the Alignment C. It just happened to be some of the different ones. Some of them were still because the north end of C and D were the same. We're still going to be impacted at the southern end, instead of coming through the Parker's Hammock area. It would hit the routes which were then on the south side of Rattlesnake Hammock Road, which is a brand-new development called College Park. COMMISSIONER CONSTANTINE: And you've hit on a point. You don't need to go any further with that. You've hit on the point that to me is most important and that is the homes, and we're impacting existing people. And we had spoken before about altering C to some extent, and that wasn't part of your study, but tinkering with C and moving that to minimize and maybe even avoid most if not all of the homes that we'd talked about. And I wondered, have we done that? Have we had any success with that and so on? MR. WILEY: Okay, that's one of the things we were going to come to you today. Once you had seen the traffic analysis for C as a standalone, as a six-lane, or C as a four-lane with a two-lane Alignment A, then what we're going to propose to do with your-ails direction, we'll go back to Wilson-Miller, because they're at the halfway point of their contract. They would then zoom down and very closely evaluate each individual lot line for the impacts of where the Alignment C would go. And that's the next step we wish to proceed to with your-ails direction today. COMMISSIONER CONSTANTINE: And I ask that, because there's a very important statistic in Collier County. We have never taken an existing home for a roadway. And I'd like to keep that record intact. And I realize we have, as Commissioner Norris said, some overall needs for the community, but if there's a manner to achieve both of those. And I think Mr. Ilschner had indicated during our last presentation that there may be a way to minimize the impacts but still get the roadway in there, particularly if we're going to have two less Page 83 September 28, 1999 lanes on each side then -- MR. WILEY: Let's clarify that. Remember, the recommendation is that we go ahead and still have the same right-of-way, so that if there's ever a need for expansion, we would build the four lanes with putting the two in the median, which means that still the outside lane right-of-way would be the same width. And I don't want to be a bearer of bad news, but Alignment C cannot avoid going through some homes. Because where it comes down to Rattlesnake Hammock Road, it has to go through some residential units there. And I say residential units, meaning it could be either condominiums or single-family at this point. But there are -- in the current alignment there are 12 residential units directly impacted by Alignment C. By reconfiguring the very northern end, as you all asked us to do, which we will do, but that's the next step, we can miss the one house on the very northern end. But when we get right down to Rattlesnake Hammock where there's a big cjuster of housing all along that corridor, we will have to go through some units somewhere. COMMISSIONER CARTER: Whether we do four lanes or six lanes. MR. WILEY: Or two. Even a two-lane would go through residential units, that's correct, to line up with the future Grand Lely Drive at the Alignment C location. COMMISSIONER CONSTANTINE: I know we're all sensitive to it, but it just somehow irritates me that we spend millions of dollars extra to save bunnies and bugs and birds, but we're going to go through people's homes. MR. WILEY: I cannot disagree with you, sir. CHAIRWOMAN MAC'KIE: While we're talking about the things that are frustrating, I like this program. I think it's the best of the bad choices that we have. But I have to say and ask Mr. McNees to communicate to Mr. Fernandez my frustration with this process that, frankly, this -- you know, what we now have are professionals recommending to the board is what the board said we wanted. And now, surprise, it's the right idea. It's the best idea. But before we had professional recommendations that we just couldn't stand and we kept sending them back and sending them back until we got a recommendation that we liked. I don't understand why, if this is the right thing, we couldn't have gotten this -- instead of on our third public hearing, why we couldn't have gotten this in our first public hearing. And I'm not asking you to respond to that. I'm just expressing frustration. MR. McNEES: Well, I'll maybe respond briefly on behalf of staff that -- and I don't think any of their analyses early on of Alignment A in any form was very well received by the board. And even when they tried to do that, just as a due diligence type of an effort, you all were pretty clear, you didn't want to hear that from them. So it has now come back to where I think this is a great compromise to where the integrity of St. Andrews is preserved by moving the vast majority of the traffic over. Page 84 September 28, 1999 COMMISSIONER CONSTANTINE: In fairness to staff, this board in 1993 had actually removed the A Corridor as an option. But the board itself had requested that. COMMISSIONER NORRIS: It was our consultant that brought it back, revised it. CHAIRWOMAN MAC'KIE: That's right. Do we have public speakers? COMMISSIONER NORRIS: Let me -- MR. McNEES: Just one. CHAIRWOMAN MAC'KIE: I'm sorry. COMMISSIONER NORRIS: One last comment before we go to public speakers. I appreciate Commissioner Constantine's comments about the homes that are in question. And I just want to reiterate that it's my opinion that if it turns out that we do this and have to take somebody's property, my recommendation, same as it was, I say we buy it now and let the people live in their homes until whatever time in the future that we need the property, and give them plenty of notice at that. Because at the outside -- or at the shortest amount of time, how long is it till we build this road? Would you say 10 years? MR. WILEY: We're looking 10 to 15 years. COMMISSIONER NORRIS: 10 to 15 years. So I'd say if we're going to have to take these people's property, pay them now, let them live there as long as they want until we need the road or they can move if they want, or whatever they want. But we need to do something like that for our citizens to at least soften the blow. COMMISSIONER CARTER: And wouldn't you say on that, Commissioner Norris, that if someone -- if we have to do that and then someone does move, that we can -- there would be a taking of that house. We don't let them resell it and somebody else moves in and -- COMMISSIONER NORRIS: Oh, no, they can't resell it. COMMISSIONER CARTER: Once it's done, it's done so that we don't perpetuate the problem. COMMISSIONER NORRIS: That's right. We own it. No, we'll take it and we'll own it, but we'll pay them for it. COMMISSIONER CARTER: So once they move, it's done. COMMISSIONER NORRIS: Correct. CHAIRWOMAN MAC'KIE: Other comments from the board? Public speakers? MR. McNEES: Your only registered speaker is Aubrey Rogers. MR. ROGERS: Good afternoon. CHAIRWOMAN MAC'KIE: Good afternoon. MR. ROGERS: As you all know, I have followed this Santa Barbara project for several years. I'm speaking my personal interest, as this Plan C goes right through my neighbors' homes, takes my home. So I have that personal interest. But I also have some observations. As you know, I was responsible for law enforcement for a long time in this county and trying to deal with these problems that some of these decisions create. I've always objected to Santa Barbara through Parkers Hammock because it takes the homes. And I still feel Page 85 September 28, 1999 the same way about it. The object of coming through there was to avoid putting traffic on St. Andrews Boulevard. Some of the people there didn't want it in, but they wanted to use it to go out if we ever did anything. We've talked about engineering that intersection so they couldn't go that way. Nobody didn't think that would work. You're only kidding yourself if you think you're going to run a corridor down from Santa Barbara and a two-lane road over there to St. Andrews that it's not going to dump traffic in there. If you build a four-lane highway over there in Parker's Hammock, take our homes, then those people will turn right and go seven-tenths of a mile and can still go down St. Andrews, if that's where they need to go. You will -- also, there's homes in Wing South, Shadowwood, besides ours that will put a road within 20 feet of their homes, even if you don't take their homes, and make the property almost worthless to what it would be without that road there. If you decide to link up with Grand Lely, I don't think they'll ever allow that. I don't know whether all of you have rode out there, seen those beautiful roads, landscape, go out by the horses and see the work that goes in there. That road has not been built all the way to Rattlesnake Hammock Road. I realize there's a PUD that probably says it will be, but you change PUD's all the time. And I can't see Lely Development allowing that kind of traffic to be dumped in their neighborhood without a fight on it. Even if they do, when they get down to, I believe it's Wayflower, that turns and goes across by Lely High School down on St. Andrews. What keeps people from going and turning down over there and still end up on St. Andrews? You spent a lot of money on these studies for years on Santa Barbara. You need that money on Rattlesnake Hammock Road, you need it on Livingston, you need it on Pine Ridge and all these other things. To just keep spending this money on it, at the same time it's got all of us. God knows, I don't know want to sell my house. But if I died, my wife might want to or have to. No way she could get a fair price out of it with this thing hanging over her head. I appreciate the idea of if you have to do it of letting people live there. But I don't know that's the answer, and I don't know that a board that may change over the years would agree with that and would leave it that way. I think also the effectiveness of Santa Barbara has already been destroyed. The idea was to have a north-south corridor that would run all of the way up to the Immokalee Road, take advantage of the exchanges to get on Interstate 75 all along. But what happens, you get out there to Pine Ridge Road and you got Logan. You got the land. You come to Vanderbilt. What's the county did, they let them put a major development in there. You can't get no further north without getting into these expensive turns that is not safe with that amount of traffic. But I just don't believe that Lely Development is going to stand Page 86 September 28, 1999 still for a full service road, trucks and speed and everything to move the kind of traffic you're talking about through that development. Maybe you can win, but I just don't believe they're going to give in to that. I just -- you know, I know you got a problem, I understand that, because I had to deal with it myself. But I just -- I want to be on record, I still object to it. I see a lot of problems with it. For 20 years or 30 years I have drove those roads. I go through St. Andrews. All the people -- Parker's Hammock and everywhere else go. The difference is we're driving cars and we observe the speed limits. And I can imagine what's going to be out there. And I know of the thousands of complaints that I dealt with, with people on St. Andrews complaining about the amount of traffic conditions. The fact is they even blocked the lanes now and changed the roads to put a bike path there to try to control traffic. And I suggested when they built it, make it a locked community. But the people that was putting up the money didn't think we had that problem and wouldn't do it. And I knew what they was getting into. That's my thoughts. You got to do what you got .to do. But I ask you to solve this thing and make it go away some way. CHAIRWOMAN MAC'KIE: Thank you. MR. ROGERS: Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you for your comments. COMMISSIONER NORRIS: Mr. Wiley, that brings up a question I forgot to ask you earlier. But in our previous conversations with Lely Development, they've been amenable to this connection, have they not? MR. WILEY: Yes, sir, they have. COMMISSIONER NORRIS: Yeah, I thought they -- MR. WILEY: Their roadway is designed as an arterial to go through, that is correct. COMMISSIONER NORRIS: Yeah. And once again, I appreciate the sheriff's comments, but the motivating factor here is not to keep the traffic out of St. Andrews, but to make the traffic flow on the whole south end of the county flow, 951 and 41 in particular. And that's why we've moved this way. CHAIRWOMAN MAC'KIE: That's a really important piece. It seems it should be confirmed instead of preliminary discussions. We need to at least have a letter agreement or something, Mr. Weigel, with the Lely people, because that's a real important piece of this puzzle, before we make commitments we can't turn back from. COMMISSIONER CONSTANTINE: Question. And I realize this wasn't the sheriff's point but it was one item he mentioned. Talked about Logan dead-ending at Vanderbilt. That's actually planned to have the Logan extension all the way up to Immokalee Road, isn't it? MR. WILEY: Yes, sir. COMMISSIONER BERRY: I don't know what you're going to do after you get there, but that's where it's going to go. CHAIRWOMAN MAC'KIE: Get you there. COMMISSIONER CONSTANTINE: Up on 1-75. Page 87 September 28, 1999 COMMISSIONER BERRY: Well, I don't know if any of you have been up there recently, but it's very difficult to even get onto Immokalee Road in the morning. So I don't know exactly how this is all going to play out. COMMISSIONER NORRIS: Road then. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: Well, I think we should four-lane Immokalee No kidding. Okay. Duh. Yesterday. COMMISSIONER CONSTANTINE: Let's do a couple of studies. CHAIRWOMAN MAC'KIE: Direction for staff? COMMISSIONER NORRIS: I'll -- do we need a motion or -- I think the direction is to go with the C with the A as a two-lane. CHAIRWOMAN MAC'KIE: That's it. COMMISSIONER NORRIS: That seems to make the most sense. MR. WILEY: And proceed with the Wilson-Miller study to -- CHAIRWOMAN MAC'KIE: Yes. MR. WILEY: -- finish on it? CHAIRWOMAN MAC'KIE: Is that consensus of the board? COMMISSIONER CONSTANTINE: You want to put your caveat in there? COMMISSIONER NORRIS: Which one? COMMISSIONER CONSTANTINE: For the residents. COMMISSIONER NORRIS: Well, it's probably a little premature to put that caveat in there. But I think we need to be aware and I'd like to see the board go on record as supporting the philosophy that if we do have to take property, that we'll -- that someone's living on, that we'll pay them for it now, let them live there until we need to use it to build a road. COMMISSIONER BERRY: Does that mean they don't pay taxes, I mean, once we buy it? COMMISSIONER NORRIS: No, I don't know about that. CHAIRWOMAN MAC'KIE: It would off the tax roll. COMMISSIONER NORRIS: I guess that's a question. That's a question that has to be answered. If we own it, I guess they don't pay taxes, right? MR. WEIGEL: Well, there's a lot of flexibility there, and that all goes into -- COMMISSIONER CONSTANTINE: It's sounding better and better for them. MR. WEIGEL: That all goes into the consideration of fair value for the property to be obtained by the county. There's such a thing as taking it in fee with what they call springing executory interest, which means that they actually own it until the time that we take it, but we've predetermined at a certain point in time, either by negotiation or order of the court, when our ownership interest blossoms full at some point later on. And in the meantime, they continue with the full ownership and responsibilities. CHAIRWOMAN MAC'KIE: I haven't heard that since the bar exam, springing executory interest. But, yeah, that's -- MR. WEIGEL: So there's a lot of flexibility there. Page 88 September 28, 1999 COMMISSIONER NORRIS: Okay. Well, anyway, I'd like to see the board support that philosophy, anyway. CHAIRWOMAN MAC'KIE: I think there is support for that on the board. So you have direction? MR. WILEY: Yes, ma'am. CHAIRWOMAN MAC'KIE: Need more? Got it? MR. WILEY: Yes, ma'am. Item #8B5 INTERIM REPORT ON RECLAIMED IRRIGATION WATER RESOURCE PLANNING ISSUES AND PEAK SEASON IRRIGATION DEMAND - PRESENTED CHAIRWOMAN MAC'KIE: Okay. Then we'll talk about reclaimed irrigation water, please. MR. FINN: Good afternoon, Madam Chairwoman. My name is Edward Finn, public works operations director. For the record, I don't have a computer presentation for the board today. COMMISSIONER BERRY: Oh, that's unfortunate. CHAIRWOMAN MAC'KIE: Darn. MR. FINN: We want to provide to the board a report on reclaimed water planning issues and peak irrigation demand. The information we're going to discuss today is going to be used to finalize the ongoing effluent master plan update. As hopefully you know, we dispose of our wastewater effluent through irrigation agreements with a number of golf course communities. Last spring some of our irrigation customers expressed concern about not getting enough water. Our customers have an expectation that the water amount specified in our irrigation agreements are guarantees. The problem with that is that our policies and agreements commit only to providing the amount of wastewater effluent that is available. The agreements do not guarantee a certain amount of water. The board asked us to look into the problem. To work toward a solution, we need to discuss a couple of things. We need to discuss our current policy of using effluent irrigation as a means of effluent disposal and determine if and how the board wants to modify this policy. The discussion of that is going to be rolled into the master plan. We need to discuss the difference between water quantities specified in agreements and the supply of effluent water, and if appropriate, we need to discuss potential sources of supplemental water to meet unmet irrigation water needs. Broad policy issues. What is the county's approach toward the provision of irrigation service going to be? Are we going to dispose of effluent, which is our current policy, are we going to dispose of effluent and provide more reliable irrigation service, or are we going to dispose of effluent and provide a comprehensive irrigation service? CHAIRWOMAN MAC'KIE: It's basically a matter of degrees, right? I Page 89 September 28, 1999 mean, what is our focus? Are we just trying to get rid of the water that we have, or are we trying to encourage irrigation with effluent? COMMISSIONER NORRIS: And maybe other sources. See, the alternative here -- CHAIRWOMAN MAC'KIE: Non-potable water. COMMISSIONER NORRIS: Yeah, non-potable water. But the alternative is if we don't supply the irrigation water, then there will be extraction from subsurface aquifers. COMMISSIONER CARTER: Which would be potable water. CHAIRWOMAN MAC'KIE: Right, eventually. COMMISSIONER CARTER: And which personally I would like to avoid. MR. FINN: Okay. CHAIRWOMAN MAC'KIE: And I could just jump in and tell you, you know, because your staff report is really complicated, but you framed the question for us right now clearly, and I appreciate that. Maybe -- is this something that the board needs a lot of discussion about, or do we already know what our -- my policy recommendation would be that disposal with effluent is of course necessary, but we want to encourage irrigation with non-potable sources. MR. FINN: Yes, ma'am. CHAIRWOMAN MAC'KIE: And that requires you to spend money, and I understand that. COMMISSIONER CARTER: Well, I think if we go to Page 3 in our summary, they give you three choices. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: And I boxed Alternative C, which says effluent disposal/comprehensive irrigation provider. And if you look through there, it gives you a lot of options to begin to work on it. And, yes, it does cost some dollars, but the question becomes how can we retain runoff water to be used for that purpose? MR. FINN: Let me just -- nominal points of clarification. We're not talking about runoff water, we're talking about the effluent, which is the by-product of wastewater disposal. We're not talking about capturing stormwater runoff. CHAIRWOMAN MAC'KIE: Well, he's saying in addition to. I think what Commissioner Carter is saying, he's already passed that we want you to use all of the effluent we have. We want you to look at non-potable sources for irrigation. And one readily obvious one is stormwater runoff, if that could be captured and circulated through the irrigation system. MR. FINN: If then it is the board's desire as a matter of policy to become a provider of irrigation service rather than a disposer of effluent, then we have concluded, along with our master plan consultants, that supplemental water is going to be required. MR. McNEES: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. McNEES: Let me take a stab at clarifying the policy that I think Mr. Finn is trying to get you to. Do you want to only provide the amount of irrigation water that you can by giving all the effluent that you have available? That's Page 90 September 28, 1999 one option. That is your current policy. Ail you're doing now is distributing all the effluent that you can. The question is whether you want that additional demand to be the individual customer's problem. You know, is it his problem to develop an alternative source to meet his ultimate need, or do you want to take that on as the county's responsibility as an effluent -- as an irrigation provider to supplement our effluent availability with some supplemental source in order to meet their full irrigation demand? CHAIRWOMAN MAC'KIE: You know, even without a colored moving picture, I understood that to be the question. And what I think you're hearing, Commissioner Carter and I, at least, say is we want Alternative C because it is important for preservation of the potable water sources in this county that we do B for sure and work towards C. I mean, that's -- COMMISSIONER CARTER: And I think that there of course is a cost associated in users or potential users -- potential future users should not have the lucrative contracts the current users have, so that we can at least -- I made a note, can we break even on this process at some point by capturing stormwater management water to use as part of this mix. And I don't know the answers to that. MR. FINN: The answers to those questions will be fully explored and laid out in the effluent master plan update. The reason we're here is to get the board's direction on the alternatives they want to see fleshed out in that update. Staff is largely in support of Alternative B. Alternative C, which is the comprehensive approach, is going to be dramatically costly, it is going to be a substantial third utility, water, wastewater, and essentially irrigation utility, if we move in that direction. At this time, staff is disinclined to move in that direction, but we're fairly comfortable that B is a necessity at a minimum to attempt to meet our current needs and our current shortfall. COMMISSIONER CARTER: Okay, that's current needs and current shortfall. I'm going to go out here and I'm going to say total water management, which I think is the most important issue that faces us in Collier County -- CHAIRWOMAN MAC'KIE: And that needs to be -- COMMISSIONER CARTER: -- what is the best plan that we can have to do that so that we can do some comparison of cost. And again, I'm going to come back and I believe that the public needs to understand that if you want these things, you want to protect your environment, you want affordable potable water, that this is what it costs you to do that. If you don't, then we can go to any alternative or any direction this board wants. But I think people just need to know. CHAIRWOMAN MAC'KIE: Commissioner Constantine and Commissioner Norris. COMMISSIONER CONSTANTINE: I've got to agree with staff in that I don't have any interest in creating a new government agency and essentially a third utility for the benefit of developers. New development has a demand. If there is some question -- I don't know Page 91 September 28, 1999 what your eye rolling is, because that's exactly what it is. If there's some question about the use of water and the water supply, there are ways to approach that to discourage development or discourage their use, rather than government creating an expensive new option that we all pay into. And that is just not appropriate. You can look at the wording here: Establish an impact fee to support growth of service. That doesn't say to completely cover. And I don't know that we've done the research to find out if it will completely cover the cost. But so far the impact fees in all the other areas that we have them don't cover the cost of growth fully, and so I don't have any reason to believe that in most of our impact fees that this would either. I think creating an entire new giant government entity is the worst -- COMMISSIONER CARTER: Excuse me, Commissioner -- COMMISSIONER CONSTANTINE: -- approach that you can take. COMMISSIONER CARTER: -- I don't read that anywhere it's a giant CHAIRWOMAN MAC'KIE: Nobody is saying that -- COMMISSIONER CARTER: -- large -- CHAIRWOMAN MAC'KIE: -- except Tim. COMMISSIONER CARTER: -- utility. COMMISSIONER CONSTANTINE: Oh, except our staff. THE COURT REPORTER: I'm sorry, I can't get you all talking at the same time. COMMISSIONER CARTER: I don't read any of that. I hear them saying that it's possible. I don't want to pass judgment until I know. I want the big picture. I don't want a short-term solution. And that's what I see happens time and time again. We say oh, this will do it today. Five years from now somebody sits here and says boy, if we'd only went back five years ago and done this, we wouldn't be in this box today. All I'm asking is for the numbers. I'm not asking for a decision. COMMISSIONER CONSTANTINE: Like with the landfill, for example -- CHAIRWOMAN MAC'KIE: I'm sorry. Commissioner Norris. COMMISSIONER CARTER: That's right, I want it in every area. CHAIRWOMAN MAC'KIE: Commissioner Norris has been patient. COMMISSIONER NORRIS: Well, I was just going to say, you know, to supplement our effluent with stormwater, say from the Golden Gate Canal, which we have asked you to look into at an earlier date, and also to hook up to the City of Naples' plant to take that water, whatever we can do, all of those things makes sense. But what does not make sense is to go drill wells to supplement the water, because that's what we're trying to avoid in the first place by supplying new development with water so that they don't have to drill wells. CHAIRWOMAN MAC'KIE: Potable. You don't mean injection wells. COMMISSIONER NORRIS: No, I'm talking about extraction wells for irrigation -- CHAIRWOMAN MAC'KIE: Granted. Page 92 September 28, 1999 COMMISSIONER NORRIS: -- not potable at all. CHAIRWOMAN MAC'KIE: But extraction wells. COMMISSIONER NORRIS: Extraction wells. I mean, if we're going to drill extraction wells to them to service them -- CHAIRWOMAN MAC'KIE: No reason to do that. COMMISSIONER NORRIS: -- why would we do that? CHAIRWOMAN MAC'KIE: But the water that's in Golden Gate Canal just drives me nuts that it's there and we're pumping it out to sea and it's destroying the estuary and we ought to be using it. We ought to at least have staff tell us how much would it cost to use it. And I know the answer is going to be a lot. But guys, we're talking about the potable water source and protection of it, and we can't just run from this because we might create another bureaucracy. We've got to find a creative way to do it. COMMISSIONER CONSTANTINE: And I'm not suggesting we ignore the problem or run from anything. I'm just saying creating another government bureaucracy is probably not the way to correct -- CHAIRWOMAN MAC'KIE: I agree. COMMISSIONER CONSTANTINE: -- any problem, perceived or real. MR. McNEES: I think what we're trying to say is when you head to that direction of Alternative C, you are going in the direction of developing new withdraw wells from your potentially potable sources to supplement the irrigation system, if you choose as a board to go in the direction of being what would essentially be a full service irrigation water provider. That's the territory that you're headed towards with Alternative C. I think maybe that's -- CHAIRWOMAN MAC'KIE: Could you push that thing up here a little bit so we could see the difference between -- COMMISSIONER BERRY: I'm not sure that it -- CHAIRWOMAN MAC'KIE: Involves the comprehensive expansion of the customer base -- maybe I'm talking about -- maybe I'm using the wrong alphabet soup. I am not interested in any kind of wells -- extraction wells being dug so that we can provide irrigation water. That would be -- COMMISSIONER CARTER: I concur. CHAIRWOMAN MAC'KIE: -- a development service. I'm not interested in that. MR. FINN: Very good. CHAIRWOMAN MAC'KIE: I'm interested in everything short of that. MR. FINN: Everything short of that would be grades of Alternative B, which says we will continue to dispose of effluent through surface irrigation and obtain supplemental sources so that we can become a reliable provider of irrigation services. CHAIRWOMAN MAC'KIE: Thereby preserving potable water for potable purposes. COMMISSIONER CARTER: As long as supplemental services are not drawing on wells. Maybe I misinterpreted you. MR. FINN: The source of the supplemental water is not finalized at this point. We've looked at a couple of alternatives as part of this interim report. We have primarily given staff the direction we Page 93 September 28, 1999 were looking for, which are the alternatives you want to explore. The current policy is A, disposal of effluent. The board is specifically directing that we look hard at Alternative B in the effluent master plan update. I am unclear whether C is to be explored or not. COMMISSIONER CONSTANTINE: One of the problems, I'm assuming, A is where we are currently. One of the problems is we're not consistent, and for those who we provide to because of the seasonal matter of things here, they're not ever going to get 100 percent of what they're contracted with under the current scenario. They get as much as we reasonably can, but that's often a third or less than what they're contracted for. MR. FINN: If I may? COMMISSIONER CONSTANTINE: You may. MR. FINN: Last year -- and I have -- part of the report that we've developed deals specifically with that issue. If we can get the policy issue off the table, I will specifically address what occurred last year. CHAIRWOMAN MAC'KIE: Sounds like there's a consensus for B. COMMISSIONER CONSTANTINE: I don't have any interesting in exploring C. CHAIRWOMAN MAC'KIE: Do we have an interest in B? COMMISSIONER CARTER: Well, there's some points in C that I'm raising questions about. Develop a storage to meet long-term seasonal supply shortfall and future irrigation customers. Are we -- you know, can we integrate that into B? Are we doing that in B? If we are, I don't have a problem with staying with B. I just want to make sure we have a long-range plan here. MR. FINN: B envisions nominal expansion of the customer base. The expansion would be consistent with our ability to store water and withdraw it during the peak season and growth in the stream of effluent or the stream of wastewater. CHAIRWOMAN MAC'KIE: Does include storage or doesn't include storage? MR. FINN: Alternative -- the existing policy in B and C all include storage. COMMISSIONER CARTER: Okay, thank you. CHAIRWOMAN MAC'KIE: If we tell to you go forward with B -- MR. FINN: Yes. CHAIRWOMAN MAC'KIE: -- are you going to be including storage for seasonal rain water as something you're exploring? MR. FINN: Yes. CHAIRWOMAN MAC'KIE: And are you going to be encouraging irrigation with non-potable water sources in B? MR. FINN: B? We can design B so that it provides for additional water and allows for that to take place, yes. CHAIRWOMAN MAC'KIE: I guess what Commissioner Carter and I are both saying is thank you, Commissioner Constantine, you're right, we don't want this giant new bureaucracy of C if that's the -- but frankly, that felt like a scare tactic to me in C. Because what I Page 94 September 28, 1999 want us to do is everything short of extraction wells to provide non-potable sources of irrigation. COMMISSIONER CARTER: And I think I heard that across this board. The other thing that it might indicate to me also is in future large develops that these PUD's have the retention ponds to take care of all of their irrigation, whether it's a golf course or whether it's just for landscaping irrigation, so that there is not a need for them to come to us as a customer. They can trap their own runoff waters and do that. So that's just something to be thinking about. CHAIRWOMAN MAC'KIE: Sure does sound good. MR. McNEES: Madam Chairwoman, I probably need to clarify one thing. Because we're in this territory of withdraw wells -- and I trust the smarter engineers on the other side of the room will stop me if I go in the wrong territory. But we are not saying that if you go to Alternative B there will not be further withdraw wells in Collier County for irrigation purposes. Because if there is a development, a golf course, whatever, that we're unable to provide enough effluent or enough stored stormwater so that they can do the irrigation, they're going to go to Water Management District and do what they have to to get a withdraw permit. What we're staying is we think it should probably be the developer doing that, not Collier County as an irrigation utility trying to do that on their behalf. COMMISSIONER NORRIS: And that's what I -- MR. McNEES: That's the issue with Alternative C. CHAIRWOMAN MAC'KIE: Sounds like unanimity in agreement with that point. COMMISSIONER CARTER: I think, Mr. McNees, you made an important statement here, that the Water Management District often approves and affects our potable water, whatever it's going to be. And we, the Commissioners, we begin to live with that process. So again, I want the public to understand that sometimes the pressures need to be put on the Water Management District to say wait a minute, we don't want this to happen. If you can't have a sustainable development by using the best possible resources without tapping underground water to be watering lawns, then we don't want that approved. CHAIRWOMAN MAC'KIE: And the process there is complicated, because those -- that's an unelected board. There's not even -- is there any Collier County -- there's a Lee County representative, I think, on the Water Management Board, but nobody from Collier. And we need to get more involved in that process, because it does control the question. Have you gotten sufficient direction, Mr. Finn? MR. FINN: Yes, I have. The board specifically asked us to report back on last spring's kind of shortfall problem and the concerns of the customers. I can do that if you'd like, or we can simply move on at this point. CHAIRWOMAN MAC'KIE: As I understood, it's pretty much resolved. Page 95 September 28, 1999 Has anybody been hearing more complaints? COMMISSIONER NORRIS: About what? CHAIRWOMAN MAC'KIE: Anybody needing to hear more about the shortfall from last spring that golf courses were complaining about? COMMISSIONER CARTER: Well, other than we have a problem and we're trying to resolve it. CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER CARTER: I'm not sure that we've resolved it at this point. CHAIRWOMAN MAC'KIE: Hopefully we're starting down the road towards resolution. COMMISSIONER CONSTANTINE: I have a quick question on that other item. When you come back, will you bring a clear maybe colored moving COMMISSIONER CARTER: He wants to see the fish swimming in the water. COMMISSIONER CONSTANTINE: Yeah, explaining who's going to pay for whatever options and how. COMMISSIONER CARTER: Right. MR. FINN: Yes, sir. And I will tell you that the item you're looking at is light on those facts because those will be fully fleshed out as part of the master plan. CHAIRWOMAN MAC'KIE: There you go. COMMISSIONER CARTER: Thank you. MR. FINN: Thank you. CHAIRWOMAN MAC'KIE: Thank you. Item #8B6 CHANGE ORDER TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES IN THE AMOUNT OF $15,165 FOR IMPLEMENTATION OF COORDINATED SIGNAL TIMING PLANS FOR AIRPORT-PULLING ROAD AND PINE RIDGE ROAD - CONTINUED UNTIL STAFF INVESTIGATES FURTHER Next Item is 16(B) (9), Commissioner Constantine, you've pulled off the consent agenda. COMMISSIONER CONSTANTINE: Simple question, and that is, how is this different than most of our traffic signal installations and timings? We do a dozen or more a year. How is this one any different that we're paying someone outside $15,000 to figure out the timing for us? MR. BATH: I'm Dale Bath, traffic operations manager, for the record. Basically what we've had, we had Kimley-Horn hired to design and implement a signal coordination timing plan for Airport Road and Pine Ridge Road, involving 22 different intersections, 21 signal controllers. It's a time-based coordination plan that we initially had signed an agreement with them in November of 1998. What had happened, when we went to implement tDe program, we found that we had equipment failures and other problems arise with the Page 96 September 28, 1999 timing plans that we were trying to do. No where in this county -- this was the first time out the door with a time-based coordination. This has no connection with the future Collier County, City of Naples computerized traffic signal system. This is strictly a time-based coordination plan using existing equipment. What we found was the equipment that we had in place would not perform all the functions that we thought it would. We in fact had to bring in the manufacturer, in fact, to run the equipment on a bench test. We had such unique traffic characteristics here that we determined that we had to change the complete way that we were doing the signal timing, and that regarded -- resulted in tremendous extra time and effort to make the changes. COMMISSIONER CONSTANTINE: Whose error was it that we thought the equipment could do something it wouldn't? Was it the manufacturer, was it our staff or was it the consultant, Kimley-Horn? MR. BATH: Looking at it, it was actually the manufacturer's equipment. It was equipment that we previously had. It was really not an error in their equipment itself as far as it being wrong. We thought it would perform one way, based upon the information given to us by the manufacturer. We had since, trying to implement this, we found the manufacturer actually discovered that it was not operating the way that he had thought it would. COMMISSIONER CONSTANTINE: So shouldn't the end manufacturer be paying the $15,000 that it cost us to be re-do this, rather than the taxpayer of Collier County? MR. BATH: Well, it's equipment that was bought years ago and had never been implemented within -- the capabilities were always within the equipment. And it could do what they said it would. It was just a matter of how to implement it. And the method of -- COMMISSIONER CONSTANTINE: Help me figure out whose fault that is then. If we thought it would do A and it couldn't do A, was that staff's fault? And it's not a criticism, I just want to get to the bottom of it. MR. BATH: I understand. COMMISSIONER CONSTANTINE: Is that our fault we thought it could do something it couldn't, or did the manufacturer tell us it could do and it didn't? Because if they did, it shouldn't be the taxpayer's responsibility to pay for the changes. Or did someone at Kimley-Horn mistake and think that it could do that? MR. BATH: No, the -- it's one of those chicken or the egg, what came first. The consultant did what he was supposed to have done, provided the timing plans. We went to implement those. The equipment supplied, again, by the county from years ago using existing equipment simply could not -- COMMISSIONER CONSTANTINE: I understand the problem. I'm wondering who's responsible for it. MR. BATH: I really couldn't answer that. I mean, ultimately it's probably the manufacturer of the equipment. But it did perform the duty that it was designed for. COMMISSIONER CARTER: Maybe -- have we gone back to the Page 97 September 28, 1999 manufacturer and protested this situation and feel that they are the ones that should be picking up the tab on this? MR. BATH: No, we have not at this point. COMMISSIONER CARTER: Well, I think it might be a good idea. MR. ILSCHNER: Commissioners, for the record, Ed Ilschner, public works administrator. It's my understanding that the equipment was purchased and no one on staff intended to utilize the time-based coordination features of the equipment when it was purchased. We began to look at what the capabilities with Kimley-Horn of this particular equipment, what could it do. And it did have time-based coordination features that could be implemented. And so Kimley-Horn trained staff and also discovered a problem with some of the logic. That was resolved. But the larger expense here was coming in and training our own existing staff and developing the full-time based coordination capability of the equipment, which had never been used in the past at all. So I believe the bulk of this -- these dollars are associated with that effort and not with correcting the individual logic problem that we had in a couple of those controllers. COMMISSIONER CARTER: So it's a training expense and not an equipment expense? MR. ILSCHNER: We had staff who did not have the knowledge and experience to develop this aspect of this particular equipment, and that's why Kimley-Horn was hired and what they assisted us in developing. And there was additional time spent doing that. COMMISSIONER CONSTANTINE: If it was an additional training issue, then maybe you can explain to me why the executive summary reads: This additional work resulted from a combination of factors, equipment failures, additional equipment training sessions -- that would be the one you just mentioned -- MR. ILSCHNER: Correct. COMMISSIONER CONSTANTINE: -- signal timing revisions, additional project meetings, additional site inspections and preparation of final project documentation. CHAIRWOMAN MAC'KIE: Doesn't say training. MR. ILSCHNER: I did not want to imply that we did not have some equipment failures. Those did exist in a couple of controllers. But the process was one of an iteration type process where he had to come in and install timings, plans in place, and then staff had to evaluate those, and he had to return on additional visits and work with staff to correct problems that were in the field when the staff went out to implement these particular timing plans, and to work with staff, to train staff how to implement. So what I'm saying is some of the money, a very small amount, and we can try to quantify that, was associated with something that the manufacturer is responsible for. The bulk of these dollars were spent on trying to train our own staff to use sophisticated equipment that they had not been capable of using in the past. COMMISSIONER CARTER: Well, even if it was only $5,000 on the Page 98 September 28, 1999 part of the equipment manufacturer, if there's a liability there, I think they should be held accountable for it. MR. ILSCHNER: We can look into that and pursue that. COMMISSIONER NORRIS: I'll move that we continue this item until you do. MR. ILSCHNER: Thank you. CHAIRWOMAN MAC'KIE: I like that. Is there a second for the motion? COMMISSIONER BERRY: Second. COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: Discussion? Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. COMMISSIONER BERRY: Do you need to take a break? CHAIRWOMAN MAC'KIE: Do we need a break, Madam Court Reporter? Then we'll take one for 10 minutes. Be back at five after. (Brief recess.) Page 99 September 28, 1999 Item #SD1 RESOLUTION 99-384 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS FOR PINE RIDGE ROAD BETWEEN AIRPORT- PULLING ROAD AND LOGAN BOULEVARD - ADOPTED CHAIRWOMAN MAC'KIE: We'll call back to order the meeting of the Board of County Commissioners. And -- COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: Is that Item 8(D) (1)? COMMISSIONER NORRIS: Uh-huh. MS. TAYLOR: Staff has one request, however. CHAIRWOMAN MAC'KIE: Okay. MS. TAYLOR: Sandy Taylor, real property management department. For purposes of including certain right-of-way requirements for future Livingston Road between Pine Ridge and Golden Gate Parkway, staff is requesting replace Pages 23, 24, 25 and 26 of your Exhibit A. This will then incorporate all land interest required from the property owner of Parcels 111 and 811 for both projects. COMMISSIONER NORRIS: I'll incorporate that into my prior motion. CHAIRWOMAN MAC'KIE: Basically it's more land than you thought? MS. TAYLOR: No, it's the same land for Pine Ridge, but we just want to contact the property owner and get both for Livingston and Pine Ridge. This deals with Pine Ridge Golf Center on the corner of Pine Ridge and future Livingston. And we just want to contact them once, buy what we need now for both projects. item. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Good plan. It works for me. Is there a second? Second. All in favor, please say aye. That passes unanimously. I forgot to ask if there were public speakers registered on that Were there any? MR. McNEES: No. CHAIRWOMAN MAC'KIE: Good. Page 100 SEP 2 B lggg RESOLUTION NO. 99- 384 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE REQUIRED FOR THE SIX-LANING IMPROVEMENTS FOR PINE RIDGE ROAD (896) BETWEEN AIRPORT-PULLING ROAD (C.R. 31) AND LOGAN BOULEVARD CIE NO. 41. WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62; and WHEREAS, the six-laning roadway improvements to Pine Ridge Road (C.R. 896) between Airport-Pulling Road (C.R. 3 l) and Logan Boulevard are component parts of the Transportation Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the six-laning roadway improvements for Pine Ridge Road between Airport-Pulling Road and Logan Boulevard, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. -Page 1- SEP 2 8 1999 WHEREAS, the Board of County Commissioners adopted Resolution No. 99-228 on May 11, 1999 authorizing the acquisition by gift, purchase or condemnation of property interests necessary for the six-laning of Pine Ridge Road. WHEREAS, this Resolution is being adopted to include revised legal descriptions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or the fee simple title interests acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the Pine Ridge Road six-laning improvements between Airport-Pulling Road and Logan Boulevard, CIE No. 41. 3. The Board has determined that the construction and maintenance of the six-laning transpor- tation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or the fee simple title interests identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests on the properties identified in Exhibit "A". 6. The Chairman of thc Board is hereby authorized to execute Appraisal Agreements with thc appraisal firm(s) selected from the list of firms pre-qualified by thc Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. -Pa~e 2- SEP B 1999 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairwoman and any subsequent Chairman/Chairwoman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney which may include, agreements, documents to remove the lien of any encumbrance, and for any such other purpose as may be required for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land fights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. -Pa~e 3- $£P 2 8 1999 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairwoman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by "Purchase Agreement" or "Easement Agreement", to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by girl, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired. AND IT IS FURTHER RESOLVED that this Resolution supersedes County Resolution No. 99-228. -Page 4- ~JEP ~ B lggg This Resolution adopted on this~.day of ,~.~.r~a_9.__ , 1999, after motion, second and majority vote. ATTEST: DWIGHT E,. BROCK, CLERK Attest ms ~ C:hmlr~n's s I gnat ute-'on l~. ~pproved as to fo~ and lcfii suffic~o~cy Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , ,Pamela S. Mac Kie, Chai~oman " -Page 5- PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 P~CEI~ ~o... "1 ~ I Fouo NO... cx::, 2 SS TEMPORARY DRIVEWAY RESTORATION EASEMENT LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The East 75.0 feet of the West 317.0 feet of the North 20 feet of the South 95 feet of the East Half of the Southwest Quarter of the Southwest Quarter, Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1500 square feet more or less. Parcel No. 701 bob\pag\lgld.036 EXHIBIT /' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SIP 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ..... 60111 PARCEL NO .....102 FOLIO NO....00256560006 FEE SINIPLE TITLE LEGAL DESCRIPTION A portion of land located in the Northwest Quarter of Section 13, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described as follows: BEGIN at the Northeast Comer of the plat thereof, Carillon, as recorded in Plat Book 21, Pages 59 through 61, of the Public Records of Collier County, Florida, said POINT OF BEGINNING also being on the South right of way line of Pine Ridge Road (C.R. 896); thence along said South right of way line S89° 52' 59" E 80.16 feet to the East line of the Northwest Quarter of the Northwest Quarter of said Section 13; thence along said East line S00° 58' 52" E 35.01 feet to a point lying 110 feet South, as measured perpendicular to, the North line of said Section 13; thence along said line lying 110 feet South, N89° 52' 59"W 80.14 feet to the East line of aforesaid plat of Carillon; thence along said East line of Carillon N 01° 00' 37" W 35.01 feet to the POINT OF BEGINNING. Containing 2805 square feet +.. Subject to Easements, Restrictions and Reservations of Records.. PARCEL 102 bob\pag\lgld.045 x"h PREPARED B DATE "GEO~'I~ ~:"i~i~'l:i~)'l~ .......... PROFESSIONAL LAND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL PROJECTS 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 ~.p 2 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION , .// ,~. PINE RIDGE ROAD (CR-896) 0 /-P,B,B, / S.89'52'59"E. ___ .g_ /" 80.16' ~- ~ Parcel 0 0 ~3 ~o KENSINGTON PARK / ~ N.89'52'59"W. X PLAT BOOK 21 r--, 80.14' .~ 'PAGES 62-67 /---CARILLON ? /PLAT BOOK 21 °I I~ %-EAST LINE OF PAGES 59-61 .o,__ '~ NORTHWEST .QUARTER q l I~ OF THE NORTHWEST z b QUARTER 0 J I GENERAL NDTES 1) P,B,C, Inclico, tes Point oF Commencement .... 2>) P,n,B, Indico, tes Point oF 3e§innln§ , I~ X H I BIT 3) Sec, indic(i-I;e$ Section 4) Twp, Indic(i-res Township ' 5) Rge, indico, te$ Ro. nge ¢t~,,.~,. ~ ~ ~::~% 6) R/W indico, tes RIgh'l;-oF-wo.y 7) ALl dis-t;<znces 6r-e In Feet o~nd declrno~ts ther-eoF 8) Beo. r'lng$ o.r'e bo. sed on the Nor'th Line oF Section 13 65 beln9 g,89'52'59'E, 9) Not v(ltid untess $19ned (lnd secited wl-t;h the embossed se(iL oF the proFession(it t(lnd surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: NDT TEl SHEET 2 OF SCALE 02-07-97 10;:::' ,',-, ~,.:, PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAII~ NAPLES, FLORIDA 34112 (')41) 774-8192 fiEP 2 1999 LEGAL DESCRIPTION (NOT A SURVEY) i'll[OJ F. CT NO..60 I NO... FOLIO NO... TEMPORARY DRIVEWAY RESTORATION EASEMENT COMMENCING AT THE NORTHEAST CORNER OF THE PLAT THEREOF" CARILLON",AS RECORDED IN PLAT BOOK 21, PAGES 59-61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE SOUTH 1 DEGREE 00 MINUTES 37 SECONDS EAST ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF 35.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 52 MINUTES 59 SECONDS EAST, A DISTANCE OF 80.14 FEET; THENCE SOUTH 0 DEGREES 58 MINUTES 52 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 59 SECONDS WEST, A DISTANCE OF 80.13 FEET TO THE EAST LINE OF AFORESAID PLAT; THENCE NORTH 1 DEGREE 00 MINUTES 37 SECONDS WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING', SAID DESCRIBED TRACT CONTAINING 0.028 ACRE (1,202 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID PLAT OF "CARILLON" BEING SOUTH 01 DEGREES 00 MINUTES 37 SECONDS EAST. TRACT 702 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 702 OFFICE OF CAPITAL PROJECTS ,3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112_ (94-1) 774-8192 SEP2 1999 SKETCH OF DESCRIPTION PINE RIDGE ROAD (CR-896) 0 N.89'52'59"W. 80.14' J : ~ Parcel 702 , /--CARILLON ~ N.89'52'59"W. / PLAT BOOK 21 '~l ~ 80.15' / PAGES 59-61 ~ GENERAL NOTES 1) P,D,C, indicates Point oF Commencement - , ., B) P,B,B, indicates Point oF Beglnnln9 3) Sec, Indicates Section 4) Twp, Indicates Township ,,'', 5) Rge, Indicates Range 6) R/W Indicates Right-oF-way 7) Att distances ape in .Peet and declm0,[s thereof 8) Bearings are based on the North Line o.p Section 13 as being S,89°52'59'E, 9) Not valid unless signed and seated with 'the embossed seat oF 'the pro.pessiona[ Land sumveyom THIS IS ONLY A SKETCH DRAWN BY': CHECKED BY: SCALE: DATE: FILE NO.: NDT TB 02-12-97 702 SHEET 2 OF 2 SCALE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM! TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SIP ~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT P~CEL SO... FOLIO NO... PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTER.LINE OF PINE RIDGE ROAD (C.R.896), A DISTANCE OF 866.32 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST, A DISTANCE OF 519.63 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 07 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.119 ACRE (5,196 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING 89032'47" W. PARCEL 103A I ! I --~GEORGE R. RICHMOND ,' PgOFESSIONAL~ ~ND SURVEYOR:FL. RE~. n 240S PUaUC WORKS EN~INEE~IN~ DEPARTMENT. COLLIER COUNW ~OVERN~ENT COMPLEX 3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP ~. B 1999 SKETCH OF DESCRIPTION NOT A SURVEY N 8g°33'30"W 516.84' I PARCEL 103A N 89o32,47,,W PINE RIDGE ' P.O.C.S.E. COR.,S.W (150' R\W) SEC.12, TWP 49S, RGE 25 E, COLLIER COUNTY, FL. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT i E XH~{ B I T i 2) P.O.B. = POINT OF BEGINNING , 3) SEC. = SECTION 4) TOWNSH,P 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DP, AWN BY CHECKEL] BY SCALE DATE FILE NO. NOT TO SCALE JANUARY 15, 1999 SHEET 2 OF 2 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 1999 LEGAL DESCRIPTION (NOT A SURVEY) i'ROJFCT NO..60111 PARCEL NO... IO7 ~ FOLIO NO... PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD (C.R.896), A DISTANCE OF 346.55 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET; THENCE NORTH 0 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST, A DISTANCE OF 519.63 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE OF I0.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.119 ACRE (5,196 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING 89032'47'' W. PARCEL 103B EXHIBIT PREPARED ~iiEqEORGE R. RICHMOND: PROFESSIONAL LAND SURVEYOR;FL.-REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP ~ 8 1999 SKETCH OF DESCRIPTION NOT A SURVEY N 8g'33'30~/V 516.84' PARCEL 103B lO' PINE RIDGE .5,0~ i' // (15(7 R\W) ~ ' SEC. 12, TWP 4gE, ROE 25 E, COLLIER COUNTY, FL, GENERAL NOTES ~) P.O.C. = PO,.T OF COMMENOEMENT EXHIBIT ~' 2) P.O.B. = POINT OF BEGINNING Page c~ of, 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO, NOT TO SCALE JANUARY 15, 1999 PR103A SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS TRAIL NAPLES, FLORIDA 541 15-;?Ep 2 8 1999 EAST TAMIAMI (94-1)774--8192 PROJECT NO.~ i~ O / [ I PROJECT PARCEL NO. ,, 70:3 A TAX PARCEL NO.00255360003 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement' LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier Coumy, Florida, and being more particularly described as follows; The West Sixty Feet of the North 30 feet of the South 115 feet of the South Half of the West Half of the East Half of the Southwest Quarter of Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1800 square feet more or less. Parcel 703A bob~pagqgld\O:t8 DRAWN BY: SCARE: :, EXHIBIT GEb~E R. RICHMOND ~' PROFESSIONAL ~ND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3~01 E TAMIAMI TRAIL NAPLES FLORIDA 34112 NO,: SHEET PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 ~£P ~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .... 60111 PARCEL NO ...... 703B · A 0025532000;[ FOLIO mu .............................. temporary driveway restoration easement THE NORTH TEN (107 FEET OF THE SOUTH 85 FEET OF THE WEST 90 FEET OF THE EAST 866.21 FEET, OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR 0.021 ACRES MORE OR LESS. EXHIBI,T, fGEORGE R. RICHMOND ' I PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 fi£P 1999 LEGAL DESCRIPTION (NOT A SURVEY) i'ROJF. CT NO..h01 I I I'ARCF. L NO... "'/O,~ FOLIO NO... TEMPORARY DRIVEWAY RESTORATION EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: THE EAST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION12; CONTAINING 1750 SQUARE FEET MORE OR LESS, TOGETHER WITH THE WEST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION12. CONTAINING 1750 SQUARE FEET MORE OR LESS. PARCEL 704 EXHIBIT Page \~.. of~o,~', By..~~....DATE.~.Z ........ PREPARED PROFESSIONAL LAND SURVEYOR-FL. REG. it 24015 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVEF1NMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, ,FLORIDA 341.~.~trP (941) 774-8192 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 ! I PARCEL NO... 104- FOLIO NO... Oo ~ 56; 120007 A PORTION OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOU'I~, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; THE NORTH 10 FEET OF THE SOUTH 85 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOLFI'HWEST QUARTER; TOGETHER WITH, THE NORTH 10 FEET OF THE SOUTH 85 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SAID SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST. CONTAINING 4667 SQUARE FEET MORE OR LESS. EXHIBIT_~_ .... Parcel No. 104 bob/pmg/lgld.071 PREPARED "'~<~E'6~'~'I~'I~: ~I~;'I~MOND '' ' PROFESSIONAL LAND ~URVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLOR)DA 34112 . PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 !{ 1999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PARCEL NO ...................... 105 FOLIO NO ...... O. ~.~..~ .7. ~,...~. ¢2.00 S t: FEE 5iNP. I,E TITLE -- S 89°52'20" E 1039.20' ~ PARCEL 105 N 89052'20'' W '1039.25' P.O.B. ~'' PINE RIDGE ROAD q :,' C.R.886 ~-, ~, .~--- ~ P.O.C. -- SOUTH LINE SEC.12,TWP. 49S, RGE 25E. S.E COR, E1/2, SW1/4,SEl/4 LEGAL DESCRIPTION PARCF::L '105 COMMENCE AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE OF THE SOUTH EAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE N 00°26'05" W 75.00 FEET TO THE POINT OF BEGINNING; THENCE N 89°52'20'' W ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 886) 1039.25 FEET; THENCE N00°17'01'' W 20.00 FEET; THENCE S 89°52'20'' E 1039.20', THENCE S 00°26'05" E 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20783 SQUARE FEET OR 0.477 ACRES MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD BEING N 89052'20'' W. EXHIBIT ! ,,,,.D.C. :,,o,,,,,- co, ,./..,..,/.,... 2) P.O.B. = POINT OF BEGINNING TE /,~ 3) SEC. = SECTION '~ GEORGE R RICHMOND' - 4) TWP. = TOWNSHIP PROFESSIONAL LAND s~IP~V'EyOR-FL. REG, # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING D~EPT.. 6) PJW = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 -~ EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR -- DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE AUGUST 20, 1999 PR105RV SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAM1AMI TRAIL NAPLES, FLORIDA 341~:O (941) 774-8192 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO... FOLIO NO... FEE SI",[PLE TITLE THE NORTH TEN (10') FEET OF THE SOUTH 85 FEET OF THE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 106 file prr706 I EXHIBIT I e.. V~' °% ~ .... .. ~.,/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAM! TRAil., NAPLES, FLORIDA 34112 (041) 774-8102 SEP ~. 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 PARCEL NO... FOLIO NO... TEMPORARY DRIVEWAY RESTORATION EASEMENT THE NORTH TEN (10') FEET OF THE SOUTH 95 FEET OF THE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 706 file prr706 PREPARED b ........ ,. A ~.... ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (')41) 774-8192 SEP 2 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO... FOLIO NO... ~,"~o4 FEE SIMPLE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; The South Ten (10') feet of that parcel ~ as shown on the plat thereof, Naples Progressive Gynmastics Camp, as recorded in Plat Book 24, Page 84 of the Public Records of Collier County, Florida. Containing 3890 square feet more or less. Parcel 108 bob\pag\lgld.029 ~,/ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAM1AMI TRAIL NAPLES, FLORIDA 3~ ~[ (041) 774-8192 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL ~O... '/ 0 FOLIO NO... TEMPORARY DRIVEWAY RESTORATION EASEMENT PARCEL 708 THE NORTH TEN (10') FEET OF THE SOUTH TWENTY (20') FEET OF THE EAST SIXTY (60') OF THE WEST 129 FEET OF THAT PARCEL AS SHOWN ON THE PLAT THEREOF,NAPLES PROGRESSIVE GYMNASTICS CAMP, AS RECORDED IN PLAT BOOK 24 PAGE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 600 SQUARE FEET MORE OR LESS. PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .........u:~...?. L~...! .................... PROJECT PARCEL NO .... ]....0..,~ ............. TAX PARCEL FEE SIMPLE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; Commence at the South Quarter Corner of said Section 12, also lying on the centerline of Pine Ridge Road (C.R. 896) thence along said centerline S 89° 32' 07" E 1485.93 feet; thence N 00° 05' 53" W 75.00 feet to the north right-of-way line of said Pine Ridge Road; thence along said north right-of-way line S 89° 32' 07" E 388.00 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N 09° 36' 52" E 10.13 feet; thence along a line lying Ten (10') feet north, as measured perpendicular to, said north right-of-way line S 89° 32' 07" E 385.86 feet, thence S 00° 17' 55" E 10.00 feet to said north right-of-way line; thence N 89° 32' 07" W 387.60 feet to the POINT OF BEGINNING. Containing 3867 square feet more or less. Parcel 109 Sheet 1 of 2 bob\pag~lgld.031 PROFESSIONAL LAND SURVEYOR-FL REG. # 2408 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT ,3501 EAST TAMIAMI TRAIl_ I'qAP[_ES, FI ORIOn 54112 SI~P 2 8 1999 SKETCH OF DESCRIPTION 139.01'~ N aa'll'~4"W. ~ ~.89'32'59"E. ~o3.~o'~ S.89'32 3 P,~,B~ [ 5.89'32.'07"~ ~ . ~387.60' x/ ~10.13' ~ ~ N.89'32'~7"W. ~ ~10' EASEMENT _,_ 1485.93'5 ~(CR~89~). PINE RIDGE ROAD (150' R/W) -~ ~N.OO'OS'53"W. ' S.8~'32'~7"E. P,Q,C, 75.oo' South Quarter Corner Sec. 12, Twp. 49 S., Range 2~ E. PARCEl. I09 i EXHIBIT I 7) Alt distances are In Fee~ ~nd decimals thereof B) ~sls o~ ~e~rlngs Is ~he cen~erllne oF Pine Ridge Ro~d being S,89'3~'07'E. 9) No~ v~(id unless signed ~nd se~(ed with ~he e~bossed se~( oF ~he proFession~( (~nd surveyor THiS IS ONLY A SKETCH D~ ~: CHECKED ~: S~: ~TE: FI~ NO.: NOT TO n-18-98 109 SHEET 2 OF 2 L,M,R. ~CALE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~1~ (941) 774-8192 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .......... ..~.....0...!./...! ................ PROJECT PARCEL NO....!../....O. .............. TAX PARCEL NO.,O~.~...~,,,~.~..O.~..~..'7. FEE SIM~LE TITLE COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOl. FrI-I, RANGE 25 EAST COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND PINE RIDGE ROAD (C.R. 886); THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO,SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245.71 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 18 SECONDS WEST, A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEET, A CENTRAL ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, AND A CHORD OF 207.07 FEET BEARING SOUTH 9 DEGREES 22 MINUTES 52 SECONDS EAST; THENCE SOIYI'H ALONG SAID CURVE, A DISTANCE OF 207.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 5686.33 FEET, A CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CHORD OF 608.36 FEET BEARING SOUTH 7 DEGREES 20 MINUTES 11 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTH 0 DEGREES 17 MINUTES 03 SECONDS EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE OF 21.06 FEET, THENCE SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST, A DISTANCE OF 385.04 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 03 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 3.253 ACRES (141,691) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTH 00 DEGREES 17 MINUTES 03 SECONDS WEST. PARCEL 110 ~" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX ;3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 //0 PUBLIC WORKS ENCINEERINC DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341125EP 2 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION Curve number 1 Radius = 5686,33' t = 06'07'58' Arc = 608.66' Chord = 608,36' Chord Brg, S,07'20'll'E, Curve number 2 Radius = 5806,33' Z~ = 02'02'37' Arc = 207,09' Chord = 207,07' Chord Brg, S,09'22'52'E, S.89'52'lS"E. 480.05' CURVE% ~ NO. 2 2~ ~ ~.0.¢. S.89'51 ;i 5"E. 480.05' 10,00 PINE RIDGE ~AD CR-896 (150' R/W) GENERAL NOTES t) P,O,C, Indicates Point oF COMMenceMen~ 2) P,B.B, Indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/W Indicates Right-oR-way 7) Ail distances are In Feet and decimals thereof 8) Bearings are based on the East tine oF said Section 12 as being N,OO*17'O3'W. 9) Not valid unless signed and seated with ~he embossed seat oF ~he professional Land surveyor ./ DRAWN BY: I CHECKED BY: [ SCALE: NDT TD L,M,R, SCALE THIS IS ONLY A SKETCH DATE: J FIIlr NO.: 11-30-98 110 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 S[D 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO ........ 111 FOLIO NO..00287480003 FEE SIMPLE TITLE COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF ?INE RIDGE ROAD (C.R. 896) AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 75.00 FEET;TO THE POINT OF BEGINNING THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD, A DISTANCE OF 642.58 FEET THENCE SOUTH 00 DEGREES 18 MINUTES 54 SECONDS EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES 12 SECONDS WEST A DISTANCE OF 577.53 FEET; THENCE SOUTH 44 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF 21.35 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 50 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 775.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTION 18 , A DISTANCE OF 445.27 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE WEST LINE OF SAID SECTION 18, THENCE NDRTH 00 DEGREES 15 MINUTES 53 SECONDS WEST, A DISTANCE OF 1245.27 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 1.364 ACRE (59,399) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 53 SECONDS EAST. PARCEL 111 EXHIBIT of PREPARED //"GEORGE R. RICHMOND. -' PROFESSIONAL/~ LAND SURVE¥oR'FE. REG; # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ~"sHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT SEP 2 8 1999 3301 EAST 'I'A~IIAM! 'I'RAll. NAPI.I:.S, FI.('~RII'~A 34112 (9,11 ) 77,1-S SKETCI-I OF DESCIUPTION NOT A SURVEY N 89°39'19"E 643.67' ,f ,~ EXISTING 30 FOOT 30.00' ' --' UTILI~ EASEMENT PARCEL 811 ,~ I 30.00' , P.O.B. ~, -' PARCEL 811 S 89~44'27"W 20.00' ~ ~ GOLF DRIVING ~ ~ RANGE Z I PARCEL 111 ~i ~ z i lo' x P.O.B. S 89"35'12"W 577,53' % ........ PARCEL 111 N 89"35'12"E 642.58' 18 . 13 PINE RIDGE ROAD (C.R. 886) P.O.C. GENERAL NOTES =) ,.o.,. = ,o,,, o, EXHIBIT 3) SEC. = SECT,ON 4) ~P. = TOWNSHIP Pa~ 5) RGE. = ~NGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE SEPTEMBER 27, 1999 PR111 SHEET 2 OF 2 643.67' 30.00' ' PARCEL 811 30.00' S 89°44'27"W 20.00' ~5 GOLF DRIVING ~ RANGE PARCEL 111 ~ · 10' ~, S 89°35'12"W 57'7,53' %, PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TR. AIi. NAPLES, FLORIDA 3411~1:. (941) 774-8192 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO ........ 811 FOLIO NO..00287480003 COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 800.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 27 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES i 5 MINUTES 53 SECONDS EAST ALONG A LINE LYING 60 FEET EAST, AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTION 18, A DISTANCE OF 445.27 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTtl 0 DEGREES ! 5 MINUTES 53 SECONDS WEST ALONG AFORESAID L1NE LYING 30 FEET EAST OF SECTION 18, A DISTANCE OF 445.27 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.307 ACRE (13,358 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS SAID WEST LINE OF SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 53 SECONDS EAST. PARCEL 8 ! 1 EXHIBIT Page ~ of..~ PREPARED '~'~G ~"1~i ~IOHMOND PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI 'FRAIl. NAPI.ES, FLORIDA 34112~[D ~. fl 1§99 (¢)4 ~) 774-81')2 SKETCH OF DESC PTION NOT A SURVEY N 89°39'19"E 643.67' ~, ~, EXISTING 30 FOOT 30.00' ~~ UTILI~ EASEMENT PARCEL 811 .... ,. , 30.00' ~ P.O.B. ~ ~ '-~PARCEL 811 S 89~44'27"~ 20.00' ~o O ~ ~ GOLF DRIVING ~ ~ RANGE Z PARCEL 1 11 PARCEL 111 N 89~35'12"E 642.58' PINE RIDGE ROAD (C.R. 886) P.O.C~ GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 5) RGE. = RANGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR D~WN BY ~HE~KED ~Y ~A[E DAlE FILE NO. NOT TO SCALE SEPTEMBER 27, 1999 PR111 SHEET 2 OF 2 643.67' 30.00' PARCEL 811 30.00' S 89°44'27"W 20.00' u5 GOLF DRIVING m RANGE o ; PARCEL 111 ~o~ °1 ,,,I 10' '~--. I M ~Q°q~-,'t")"l~ ~,e,'~ c:o, ~_ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111 PARCEL NO ..................... 112 FEE SI]~LE TFFLE FOLIO NO.~..~x,~,,,~;~;~,.,~.{3~.~,. : LIVINGSTON WOODS LANE S 89°40'50"E : 308.23' ...30' : ° I n- mi TRACT 1 ~Z.~ Z:l: : N 89°37'40'~N 279.86' I I PINE RIDGE ROAD (C.R. 886) N 89°37'40"W 310.01' LEGAL DESCRIPTION THE EAST 15 FEET OF THE OF THE WEST 45 FEET LESS THE SOUTH 75 FEET AND LESS THE NORTH 30 FEET TOGETHER WITH THE NORTH 10 FEET OF THE SOUTH 85 FEET LESS THE WEST 30 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 10,517 SQUARE FEET OR .241 ACRES MORE OR LESS. EXHIBIT GENERAL NOTES 2) P.O.B. = POINT OF BEGINNING PREPARED S DATE.. . 3) SEC. = SECTION ~ GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE NOVEMBER 23, 1998 PRl12 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (041) 774-8192 SIP 2 LEGAL DESCRIPTION (NOT A SURVEY) vrmJ .c, No... ri I FOLIO NO... TEMPORARY DK IEWAY RESTORATION EASEMENT COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD (C.R. 881); THENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 221.92 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 40 SECONDS EAST, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST, A DISTANCE OF 33.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 0 DEGREES 28 MINUTES 50 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINrNG 0.019 ACRE (825 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 7 BEING NORTH 00 DEGREES 28 MINUTES 50 SECONDS EAST. PARCEL 712 ~" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION 7/2 N.89 40 50 W. 308.23' PARCEL 812A i.~ rPARCEL 712 " P,O,, ~'° ' PARCEL 812B 310.01' ,.A P,FI,C S.89'37'40"E. r-. PINE RIDGE ROAD (CR-896) 150' R/W GENERAL NOTES 1) P.D,C. indlca~ces Poln~c oF Commencement 2) P,O,B. Indicates Poln'c oF Beginning 3) Sec, indic(~ces Sec't;Ion 4) Twp, Indlca~ces Township 5) Rge, Indlca~ces Range 6) R/W Indlca~ces Rlgh't-oF-way 7) Att distances ar'e In £ee~ and decimals ~her'eoP 8) Basis oF Be~r'lngs Is the West line o£ said Section 7 being N,OO';:>B'50'E, 9) Not valid untess signed ~nd seated with the embossed seat oF the pPoFesslona[ land surveyor- DRAWN BY: '1 CHECKED THIS IS ONLY A SKETCH S~:ALE: "IDATE: Jr,LE .o.: NsBcTA JEB 02-07-97 PR-712 'J SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SImP ~ 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .... 60111 PARCEL NO ...... 113A FOLIO NO .............................. TRACT 1~ - 3845 IO4~5 FEE SINIPLE TITLE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE CENTERLINE OF PINE RIDGE ROAD (C.R. 896); THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH 0 DEGREES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MlNUTES 10 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.01 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5814.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 05 MINUTES 56 SECDNDS, AND A CHORD OF 213.00 FEET BEARING NORTH 89 DEGREES 22 MINUTES 26 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 337.03 FEET; THENCE SOUTH 0 DEGREES 25 MINUTES 24 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.126 ACRE (5,500 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE CENTERLINE OF PINE RIDGE ROAD BEING N 89o34'36" E. PARCEL 113A ~-~EORGE R. RICHMOND _ . , PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 SEP 2 n 199.q PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY ~0~ m O~ZZ ~ ~ ~ ~00 w ~ o~ ~ O ~'~'~'°~ GENERAL NOTES z 1) P.O,C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING - 3) SEC. = SECTION E X H I B I T 7) .LL ~,ST. NC~ ..~ ,N ~E~T*.~ D~C,~.LS TH~REO~ 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NQ NOT TO SCALE APRIL 12, 1999 PR113A SHEET 2 OF 2 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SFP B lggg LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .... 60111 PARCEL NO ...... 113B FOLIO NO...'~5~ ~..I.~,, ~5 FEE SIMPLE TITLE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTh, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE CENTERLINE OF PINE RIDGE ROAD (C.R.896); THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH 00 DEGREES, 25 MlNUTES. 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINUTES 10 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID CURVE, A DISTANCE OF 402.71 FEET; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 38.62 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.06 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5814.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 58 MINUTES 44 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 403.78 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. l01 ACRE (4,413 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE CENTERLINE OF PINE RIDGE ROAD BEING N 89°34'36'' E. PARCEL 113B PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 $£P SKETCH OF DESCRIPTION NOT A SURVEY , , , 0 v-OOv- o ~ g ' ~ I 'G. ~ z d ~ ~o~o o~Z Z GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING E X H I B I T 3) SEC. = SECTION 4) ~P. = TOWNSHIP 5) RGE. = RANGE 6) R~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO, NOT TO SCALE APRIL 12, 1999 PR113B SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO ...... 114 FOLIO NO ..... C3~....~..~..7..~.-40Z>~ A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 644.09 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2.97 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 14 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 320.47 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 25.04 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5629.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 15 MINUTES 41 SECONDS, AND A CHORD OF 320.40 FEET BEARING NORTH 88 DEGREES 47 MINUTES 33 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 320.45 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 3.01 FEET; THENCE NORTH 0 DEGREES 19 MINUTES 33 SECONDS WEST, A DlSTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.186 ACRE (8086 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 114 ~,,~'GEORGE R. RICHMOND: PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PLIBL1C WORKS ENGINEERING DEPARTMENT 3301 I:'AST TAM IAMI TR^II. NAPI.F.S, FI.ORIDA 34112 {')41~ 774-8192 SEP 2 S 1999~ / ~ SKETCIt OF DESCRIPTION NOT A SURVEY PINE RIDGE ROAD (C.R. 896) v"- 4/ N 89°34'36"E ×644.09' w P.O.C. ~ ~ N.W. COR. b~ ~ N 89°34'36"E TWP. 49S, rj) 320.47' C2 ROE 26E N 0°19'33"W___,.. 320.45' Cl 0°21'15"E ~ R E 114 -- 25.04' '~__S 89°34'36"W Curve Delta Angle Radius Arc Tangent Chord Chord Bearing 1 3°15'41" 5629.58 320.45 160.27 320.40 N 88°47'33" W 2 3°14'50'' 5654.58 320.47 160.28 320.43 S 88°47'59'' E I EXHIBIT GENERAL NOTES. '~~' 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY L;HLCKI:[') BY SC, Al r: ,i)AiE I II E NO. [ " NOT TO SCALE AUGUST 30, 1999 PR114I SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60111 PARCEL NO .................... 715 I'EMPORARY DL; · '~:,;/AY FOLIO NO ..................................... RESTORATION EA~MENT PINE RIDGE ROAD (C.R. 896) 75' TRACT 11 25' 1345' ~ 1251.76' ~'~ 93.24' T 'l ,,// I PARCEL 715__15'I I TRACT"R" 165' R\W I I I KENSINGTON PARK PHASE ONE ' I P.D. 21, PG. 62-67 i DESCRIPTION PARCEL 715 THE NORTH 15 FEET OF THE EAST 120 FEET OF THE WEST 213.24 FEET OF TRACT "R" OF THE PLAT THEREOF, KENSINGTON PARK PHASE ONE, AS RECORDED IN PLAT BOOK 21, PAGES 62-67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1800 SQUARE FEET OR .041 ACRES MORE OR LESS. EXHIBI-T GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT,o .. 2) P.O.B. = POINT OF BEGINNING PREPARED BY, .,.'.. TE , 3) SEC. = SECTION /' GEORGE R. RICHMOND . 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG,# 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT, 6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. ' NOT TO SCALE OCTOBER 26, 1998 PR702A SHEET 1 OF 1 3301 PLIBLIC \\ ORI,.S ENGINEERING DEPARTMENT F. AST TAMIAMI 'I'RAII. NAPI.ES, FI.ORIDA .'14112 ?74- o2 S£P 2 8 1999 LEGAL I)ESCI, Ilq'ION (NOT A SURVEY) PROJECT NO..601 PARCEl. NO... 1:1/1.10 NO... FEE SIMPLE TITLE A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 967.32 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 84.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5654.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 49 MINUTES 50 SECONDS, AND A CHORD OF 279.32 FEET BEARING SOUTH 85 DEGREES 45 MINUTES 41 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 279.35 FEET; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 44.30 FEET; THENCE SOUTH 0 DEGREES 22 MINUTES 55 SECONDS EAST, A DISTANCE OF 35.20 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 48.00 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE souTH, HAVING A RADIUS OF 5619.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 48 MINUTES 39 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 275.68 FEET; THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 35.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.260 ACRE (11,329 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 116 ~' GEORGE R. RICHMOND. . ' PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC FORKS ENCINEERINC DEPARTMENT 3,301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54-1~p 2 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION Curve number 1 Radius = 5654,58' A = 02'49'50' Arc = 279,35' Chord = 279,32' Chomd Br9. S,85'45'41'E, Curve number 2 Radius = 5619,58' A = 02'48'39' Amc = 275.68' Chord = 275,66' Chomd Br9, N.85'45'04'~. GENERAL NBTES 1) P,B,C, Indicates Point o? Commencement 2) P,B,B, Indicates Point o? Beglnnln9 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/W Indicates 7) Att distances are In Feet and decimals ~hereo? 8) ~e~rlngs are based on ~he North tine o¢ Section 18 as being N,Bg'34'36'E, 9> NoG valid unless signed and se6ted wl~h ~he embossed seat oF ~he professional land surveyor ×/ S.84'20'44"E.-~44.30'.~.~~ _ 3.____5.20.~' i I/-S'OO"22,55"E' s.oo'2 ' 5"E.-d II II N.84'20'44"W. 84.08' ~' ' I ~ I I~ 48.00' P.B.C, Northwest corner of Section 18, Twp. 49 S., Rge 26 E. Collier County, Floride THIS IS ONLY A SKETCH DRAWN BY: I CHECKED BY: I L,H,R. SCALE: NBT TD DALE: I FILE NO.: SHEET 2 OF 2 33(11 PLIBI.,IC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TRAII. NAPI.ES, FI.ORIDA 34112 (041) 774-8102 S~P LI-{GAI I)I SCI IP'I'ION (NO'I' A SI IRVEY) PROJECT NO..60111 no... 18 I:¢~1.10 NO... Oo~_~7,~-4. a:,oo I FEE SINWLE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County, Florida and being more particularly described as follows; COMMENCE at the Northwest Comer of said Section 18, thence mn N 89° 34' 36" E 1289.76 feet; thence S 00° 22' 55" E 111.47 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, said point also being on the South Right of Way Line of Pine Ridge Road (CR 896); thence S 84" 20' 44" E 55.70 feet to a point of curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of 2° 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 03" E to a point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a point on a non- tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a central angle of 2° 39'59" an arc length of 271.76 feet and a chord which bears N 85° 40' 43" W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the POINT OF BEGINNING. Containing 11,331 square feet, more or less. bob\pag\lgld.043 Parcel No. 118 '~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA :34112 (941) 774-8192 SEP2 8 1999 SKETCH OF DESCRIPTION Curve number 1 Radius = 5804,58' A = 02'38'45' Arc = 268.05' Chord = 268,02' Chord Brg, S,85°40'07'E, Curve number 2 Radius = 5839.58' A = 02'39'59' Arc = 271,76' Chord = 271.73' Chord Br9. N,85°40'43'~, S.8¢'20'44"E.--~ 55.70' S.00'22'55"E. 111.47' GENERAL NDTES 1) P.B.C, Indicates Point oF Commencement 2) P,B,B, Indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/~/ Indicates Rlgh~c-oF-way 7) Att distances are In Feet and decimals thereof 8) Bearings are based on the North tine oF Section lB as being N.Bg'34'3G'E. 9) Not valid untess signed and seated with the embossed seal oF the professional rand surveyor THIS IS ONLY A SI(ETCH i I 3-2 i t/ s2.00' DRAWN BY: CHECKED BY: NOT TO Ll1_18_98 118 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT ^s'r T^M ^M s 1999 (941) 774-SI9~ PROJECT NO..601 ! I I.,EG,,\I. I)ESCi .II¥1'ION (NO'I' A SUICVI.:.Y) I:('~!.10 NO... T~AcT.-~ 44 4' 4 5 - '~1a4,5~ s r., 1005 FEE SIMPLE TITLE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53 FEET ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R.896) THE NEXT 3 COURSES TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 599.82 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 329.94 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 329.94 FEET;TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH,HAVING A RADIUS OF 5639.58 FEET, AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 598.23 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 63.13 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.341 ACRE (14,869 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE SOUTIt LINE OF AFORESAID SECTION 7 BEING N 89°34'36'' E. PARCEL 119 ~/ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SFP ? 8 1~99 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ................... ~.~,,/'./../..,~.. PROJECT PARCEL NO ........... ,/,..~,,...~,, ..... TAX PARCEL NO...Q~....~-~.7..~.~,~,~ FEE SIMPLE TITLE A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTII, I~,ANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULAI~,LY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTtlWEST CORNER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 1612.20 FEET; THENCE SOUTH 0 DEGREES 24 MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO LYING ON TIlE SOUTII RIGIIT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND BEING TIlE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO TIlE NOI~,TII, I lAVING A IL~DIUS OF 5804.58 FEET, A CENTRAL ANGLE OF 3 DEGREES l I MINUTES 08 SECONDS, AND A CHOI~D OF 322.68 FEET BEARING SOUTH 88 DEGREES 35 MINUTES 03 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET, A CENTILAL ANGLE OF 3 DEGREES 10 MINUTES 00 SECONDS, AND A CHOIr) OF 322.70 FEET BEARING NORTtt 88 DEGREES 35 MINUTES 43 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 322.74 FEET; THENCE NORTtl 0 DEGREES 24 MINUTES 36 SECONDS WEST, A DISTANCE OF 35.06 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.259 ACRE (11,295 SQUARE FEET), MORE LESS. BASIS OF BEARINGS IS TIlE NORTI! LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 120 ~GEORGE R: RICHMOND. PROFESSIONAL LAND'SURVEYOR-FL, REG. # 2406 PLIRLIC WORKS ENGINEERING DEPARTMENT. COI.LIER COUNTY G. OYERNMENT COMPLEX 33()1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAIVIIAIVll TRAIL NAPLES, FLORIDA 34112 (941) 774-8102 SEP ~ 1999 LEGAL DESCRIPTION (NOT A SURVEY) I'RO.I F. CT NO..601 I'Ai~CEL NO,.. FOLIO FEE SIMPLE TITLE COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SECTION 18, A DISTANCE OF 1934.64 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 47 SECONDS, AND A CHORD OF 24.96 FEET BEARING NORTH 89 DEGREES 42 MINUTES 00 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 24.96 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 619.95 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 34 SECONDS EAST, A DISTANCE OF 0.38 FOOT; THENCE SOUTH 0 DEGREES 29 MINUTES 39 SECONDS EAST, A DISTANCE OF 510.28 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 29 MINUTES 39 SECONDS WEST, A DISTANCE OF 260.27 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF 5.00 FEET THENCE NORTH 00 DEGREES 29 MINUTES 39 SECONDS WEST A DISTANCE OF 165.00 FEET; THENCE NORTH 48 DEGREES 33 MINUTES 10 SECONDS WEST, A DISTANCE OF 74.99 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 529.60 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET AND A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 41 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 24.95 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 39,316 SQUARE FEET OR 0.903 ACRES. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 123 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341'1'22 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY TNoOw p'O'C' RTHWEST CORNER SECTION 18, NSHIP 49 SOUTH, RANGE 26 EAST ' N 89°34'36"E 1934.64' c~ ,-- PINE RIDGE ROAD C.R. 896 N 89°37'34"E z 150' R\W 0.38' / P.O.B. N 89°34'36"E I, I I,I C1 619.95' '~l 529.60' 0°26'17.0"E 24.95' 35.o0' PARCEL 123 / S 89° 30' 21" W 5.00' S 89°30'21.~"W..------~'T'- 30.00' Curve Delta Angle Radius Are Tangent Chord Chord Beadrto I 0°14'47" 5804.58 24.96 12.48 24.96 N 89°42'00"E 2 0°14'41" 5839.58 24.95 12.48 24.95 S 89°41'57" W GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING "'i~ X I~1 B I T 3) SEC. = SECTION I 4) TWP. = TOWNSHIP~,.~ i' I i 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN By CHECKED BY SCALE DATE FILE NO. NOT TO SCALE SHEET 2 OF PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 SKETCH OF DESCRIPTION NOT ^ SURVEY PROJECT NO .......... 60111 PARCEL NO ............ 124 FOLIO N O...~.~..~.%.~5..~..~. ~.~ II N 89°40'50" W 330.0' ~ d~ TRACT 60 r,.) ¢)o :~: r,.) z 30' PARCEL 124 Lo'J° S 89°37'40" E 330.0' PINE RIDGE ROAD F~F. S[~[PLF- Tn'gE LEGAL DESCRIPTION THE SOUTH FIFTEEN (15') FEET OF TRACT 60 LESS THE EAST THIRTY (30') FEET THEREOF, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4500 SQUARE FEET OR .103 ACRES MORE OR LESS. EX)~IBIT GENERAL NOTES 3) SEC. = SECTION 4) TWP. = TOWNSHIP ~' PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMENT, COMPLEX 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO, NOT TO SCALE FEBRUARY 22, 1999 PR124 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP 2 8 1999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 60111 PARCEL NO ............ 125 FOLIO NO....~:,~5,,~.~.~..~.. ~". !Bo' ~ 80°40'50" W 330.0' ~ o ~ ~ ' TRACT 61 - o ~ ~ ~ ~ 30' ~ ~ ~ o o-- o ~ J PARCEL 125 ~ ~5' 1 ...... -- ..... Fg~:~; h~fi: .... '~ '-- ROAD ~E S~LE T~E k~GAk THE SOUTH FIFTEEN (15') FEET OF TRACT 61 AND THE SOUTH FIFTEEN (15') OF THE EAST THIR~ (30') FEET OF TRACT 60, OF THE P~T THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN P~T BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 5400 SQUARE FEET OR .124 ACRES MORE OR LESS. E X H J B i-T~ i, ~ ' GENERAL NOTES ¢~3~ %~ ~ ~ 2) P.O.B. = POINT OF BEGINNING PREPARED 8 . . 3) SEC. = SECTION ~ GEORGE R. RICHMOND 4) ~P. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL; REG. ~ 24~ 5) RGB. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE FEBRUARY 22, 1999 PR125 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SEP ~. 8 1999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. ~ ~ PROJECT PARCEL NO.126 TAX PARCEL NO....z..?..5..2..~..~..?..o..~. ..... CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 ~ 232' LLI --~ 20'1--- BUFFER EASEMENT I ~~ ~ TRACT 4 ' b TRACT "D" <:~ ~ ~,~o~ PARCEL 126 207' PINE RIDGF ROAD C.R. 8§6 150' R\W DESCRIPTIO~ PARCEL: 126 THE SOUTH 10 FElT OF TRACT 4, OF THE PCqT THEREOF, CROSSROADS M^RKET AT THE V~NEY^R~S, AS RECORDED IN P~T 8OOK 20, PAGES 7 & 8. OF THE PUBLIC RECORDS OF COI_LIER COUNTY, FLORIDA. CONTAINING 2210 SOUARE FEET OR 0.051 ACRES MORE OR LESS. FEE SIMPLE TITLE EXHIBIT 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED .......... DATE .... 3) SEC. = SECTION GEORGE R. RICHMOND. 4) TWP. = TOWNSHIP PROFESSIONAL'LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMi TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 '~)RAWN By CHECKED By' SCALE DATE FILE NO. ' NOT TO SCALE OCTOBER 27, 1998 PR126 SHEET 1 OF 1 3301 OFFICE OF EAST TAMIAMI TRAIL (941) CAPITAL NAPLES, 774.-8192 PROJECTS SEP 2 8 1999 FLORIDA 34112 SKETCH OF DESCRIPTION LIVINGSTON MEADOW Plat Book 19, Page 66 N.89'40'50"W. 550.00' TRACT 76 South 15' feet Tract 76 330.00' S.89'37'40"E. FEE SIMPLE TITLE PINE RIDGE ROAD (CR-896) 150' R/W LEGAL DESCRIPTION The South, fifteen (15') feet of Tract 76 of the Plat thereof, Golden Gate Estates Unit 35, os recorded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida Containing 4,950 square feet more or less. Basis of Bearings is the North Right of Way line of Pine Ridge Road being S.89'37'40"E. THIS IS ONLY A SKETCH DRAWN BY: ICHECKED BY: ISCALE: NaT TI DATE:.'~,/ PROFESSIONAL LAND SURVEYOR #2406' OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5.3501 E TAMIAMI TRAIL NAPLESr FLORIDA ,34112 02-07-97. 127 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Slip 2 8 1999 /!, SKETCH OF DESCRIPTION /~' NOT A SURVEY ,, : ., PROJECT NO ............... 60111. PROJECT PARCEL NO.128 i TAX PARCEL NO...~..?...~...~.~...~..7..¢...~.... /, ":" CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PCS. 7 & 8 I~ 232' ~ ~20'1~ BUFFER EASEMENT _~ ~ ~ TRACT "D" ~ ~ ~ TRACT 4 13_ ~- I ,',~'79~,?' PARCEL 128 207' PINE RIDGE ROAD C.R. 896 150' R\W FEE $[~LE T~rLE DESCRIPTION PARCEL: 128 THE SOUTH 10 FEET OF THE WEST 85' OF TRACT D, OF THE PLAT THEREOF, CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 850 SQUARE FEET OR 0.020 ACRES MORE OR LESS. EXHIBIT Page,,.~' \_ of~ GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED 3) SEC, = SECTION ~ GEORGE R, RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG,# 2406 5) RGE.= RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA. 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILP. NO. NOT TO SCALE OCTOBER 27, 1998 PR128 SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST 'I'AMIAIbll(941')1I~AL 774-8192NAPLES' FLORIDA 2 8 1999 P oJrc ' ^RCEL .O.. / _-q ¢ TAX PARCEL NO. 3~4-SSozt~l SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) FEE SIMPLE TITLE LEGAL I)ESCRIPTION A portion of Tract 77 of the plat thereof, Golden Gate Estates Unit 35 as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, and being more particularly described as follows: COMMENCE at tile Southeast corner of Section 7, Township 49 South, Range 26 East, Collier County, Florida; thence along tile South line of said Section 7 S 89' 37' 34" W 1559.29 feet; thence N 00' 26' 33" W 54.91 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue N 00' 26' 33 W 20.02 feet; thence S 87' 20' 08" W 23.36 feet; thence S 89' 37' 34" W 306.60 feet; thence S 00' 26' 37" E 74.00 feet; thence N 89' 37' 34" E 8.92 feet; thence N 00' 26' 26" W 54.00 feet; thence N 89' 37' 34" E 298.00 feet; thence N 87' 20' 08" E 22.98 feet to the POINT OF BEGINNING. Containing 7083 square feet more or less. Basis of bearings is thc south linc ofSeclion 7 being S 80' 37' 34" W. Parcel No. 129 GRR/lab/Igld SCALF' DRAWN BY: CHECKED BY: FILE NO:, REVISED:. DRAWN BY: CHECKED BY: JSCALE: J DATE: GF_~GE R. RICRMOND PROFESSIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX ~$01 E TAMIAMI,TRAIL ,, NAPLES~ FLORIDA I FIL[ NO.: I ~"L.JJ~L.' I" 12':7 PUBLIC WORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (9 41 ) 7 7 4- 81 9 2 $ EP 2 8 1999 SKETCH OF DESCRIPTION LIVINGSTON WOODS DRIVE (STH AVE. S.W.) TRACT ~ ~ TRACT ~1.~ TRACT 77 z /'---- s. g7'20'08"W. I/ 2.3.36' I I / ~- N.87'20'oS"E. I s.~9'~7'~"w.~ I / / 22.98' 306.60' P,~,~, ~.00'2~'2~'W.~ ~ 2~8.00~/ ~ / / Southeost corner 54.00 ~~ ~/ / of Section 7, , --~ / Twp. 49 S., ' .... ~e. 2~ [. 892 ~ / / . ' ~INE RIDGE ROAD (CR-896) PREVIOUSLY 150' R/W ACQUIRED GENERAL NBTES 1) P,FI,C, Indicates Point oF Commencement P) P.D.B. Indlc(~tes Point oF Beginning 3) Sec, Indicates Section 4) Twp, Indic:ares Township 5) Rge, Indicates Range 6) R/~/ Indicates Right-oF-way 7) All distances are In Feet and decimals thereof 8) ]3asls oF clearings Is the South Une oF Section 7 as being S.89'37'34'~/. 9) Not valid unless signed Qnd sea[ed with the embossed sea[ oF the professional land surveyor THIS IS ONLY A SI(ETCH L,H,R, CHECKED BY: NBT TI:] SCALE OAIE: FILE NO.: SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 F. AST TAMIAMI 'I'RAII~ NAPI.ES, FLORIDA 34112 (')41) 774-8192 SEP 1999 LEGAL DESCRIPTION (NOT A SURVEY) ~'~OW. CT NO..60~ ~ p,xi~cv.~. No... FOi.IO NO... FEE S/MPLE TFFLE A PORTION OF TRACT 92 OF THE PLAT THEREOF,GOLDEN GATE ESTATES UNIT 35 AS RECORDED 1N PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 49 SOU7It, RANGE 26 EAST; THENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 1559.29 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 33 SECONDS WEST, A DISTANCE OF 54.91 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 20 MINUTES 08 SECONDS EAST, A DISTANCE OF 330.19 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 28 SECONDS WEST, A DISTANCE OF 20.02 FEET; THENCE SOUTH 87 DEGREES 20 MINUTES 08 SECONDS WEST, A DISTANCE OF 330.19 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.152 ACRE (6,605 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 132 ~" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG.# 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 /32 PUBLIC WORKS ENCINEERINC DEPARTMENT 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411~£p 2 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION TRACT 77 20.02L-~ LIVINGSTON WOODS DRIVE (..8TH AVE. S.W.) TRACT TRACT 95 - N.87'20'O8"E. 330.19' --20.02' 68.11' / / Rge. 26 E. P E] ]3-/` ! 329.94' / / / // PINE RIDGE ROAD (CR-896) PREVIOUSLY-''~ 150' R/W ACQUIRED Southeast corner of Section 7, /- Twp. 49 S., /_ 7 18 GENERAL NBTES 1) P,O,C, Indlc(~tes Point oF Commencement 2) P,FI,B, Indicates Point aP Beglnnln9 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/V Indicates Right-oF-way 7) ALI, distances are In Feet and declmaI,s thereof 8) Basis oF clearings Is the South I,lne oF' Section 7 as being S,Bg'37'34'W, 9) Not valid unless signed and seated with the embossed seal oF the proFessionaL Land surveyor P.O.C, DRAWN BY: ICH£CKED ~: SCALE: N~T T~ SCALE THIS IS ONLY A SI<El'CFI OAIE: 11-18-98 NO.: 132 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIAMI TRAIl. NAPLES, FLORIDA 34112 (941) 774-8192 , 'SI:'P 8 1999 LEGAL DESCRIPTION (NOT A SUR. VEY) I'1{{ ).II!~,'T NI},.{~III I:()l. IO NO... FEE SIMPLE ,T,,!, i,Ef;AI, I)ICSCI{II'TION A portion of Tract 93 of the plat thercol; Golden Gate Estates Unit 35 as recorded in Plat Book 7, Page 85, ofthe Public l~.ecords of Collier Coumy, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of Section 7, 'l'ownshiI) ,19 South, Range 26 East, Collier County, Florida; thence along the South linc ofsaid Section 7 S 89° 37' 34" W 1229.35 feet; thence N 00° 26' 28" W 68.11 feet to the POINT OF BEGINNING of the parcel ofland hereinafter described; thence N 89° 37' 34" E 215.53 feet; the,me N 70° 30' 38" E 121.21 feet; thence N 00° 26' 24" W 21.16 feet; thence S 70° 30' 38" W 125.16 feet; thence S 89° 37' 34" W 211.80 feet; the,me S 00° 26' 28" E 20.02 feet to the POINT OF BEGINNING. Containing 6737 square feet more or less. Basis ofbearings is the South line ofSection 7 being S 89° 37' 34" W. Parcel No. 135 ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 135 PUBLIC IFORKS ENGINEERING DEPARTMENT 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341~lc2~2a[r 8 1999 (941) 774-8192 SKETCH OF DESCRIPTION r J .... LIVINGSTON WOODS,, DRIVE (8'1'11 AVE. S.W.) t TRACT Lo u5 1RACl' .'il~ I'RAC'r ~ ro 93 ~ ~ 108 92 b,~ o o ca i S. 70'30'58"W.--7 125.16' / /-- N. 70'30'3,g"E. S.~9'37'34"W.'~ / / 12~.21 ,211,,.gO' / /. 2~ [.. / ' 20.02 215.53' / / / ~'~ , Southeast corner ,/ / ~--f"~....-."~ /--116.42 of Section 7, P,rl,C, / '-~ '/ ~wp. ~ s., ,/- B,_.~/[ Rge. 26 Z. p.m. 329.95'_/ 9,~7, 7 / 68.11,~ /~ S.B.,a- . ,,W. 122~.}.3., // I'lUF RID(;[ I,()AII (CR-H96) PREVIOUSLY-~ lbO' R/W ACQUIRED NFITES E X HAl ~ I T GENERAL 1) P,FI,C. Indicates Poln~ oF Commencemen~ .~_ ~) P,D.B, Indicates Point oF ]]eglnnlng 3) Sec, Indlc(ztes Section - 4) Twp. Indicates Township 5) Rge, Indicates Range 6) R/~/ Indicates Right-oF-way 7) A~t distances are In Feet and decl~s thereof 8) ]3asls oF clearings Is the South line oF Section 7 Q$ beln9 S,89'37'34'~/. 9) Not valid unless signed and se~iect with the embossed se~[ oF ~he professions[ [~nd surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: DAIE:: FILE NO,: NDT TO i1-18-98 135 SHEET 2 OF 2 L,H,R, SCALE 3301 PUBLIC WORKS ENGINEERING DEPARTMENT EAST TAMIANII TRAIl. NAPLES, FLORIDA 34112 (041) 774-8102 SEP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) P~OJECT NO..60~ ~ ~ PARCEL NO... FOLIO NO... ~,4S?Zt~:::Ir::~S FEE SIMPLE TI.'LE A PORTION OF TRACT 108 OF THE PLAT THEREOF,GOLDEN GATE ESTATES UNIT 35 AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 899.41 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 42 SECONDS WEST, A DISTANCE OF 116.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE AND THE WEST LINE OF SAID TRACT 108, A DISTANCE OF 21.16 FEET; THENCE NORTH 70 DEGREES 30 MINUTES 38 SECONDS EAST, A DISTANCE OF 60.35 FEET; THENCE NORTH 36 DEGREES 51 MINUTES 40 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 53 DEGREES 08 MINUTES 20 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 36 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 16.05 FEET; THENCE SOUTH 70 DEGREES 30 MINUTES 38 SECONDS WEST, A DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.037 ACRE (1,597 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 136 c,- GEORGE R. RICHMOND' ' PROFESSIONAL LAND SURVEyOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORI(S ENGINEERING DEPARTMENT 331.)1 I"..\ST 'I'A~XlIA~ll TRAIl. NAI I.I:S, FI.ORIDA 34112 (g41) 774-8192 SEP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) Curve number I Radius = 25.00' A = 90' Arc = 39.87 Chord = 35.36 Chord Brg, S,45'25'16'E, Curve number 2 Radius = 25.00' ZX = 53'07'48' Arc = 23.18 Chord = 88.36 Chord Brg, S,63'51'28'~. SKETCH OF DESCRIPTION FEE SIMPLE TITLE _1 O mn.' .< , s. Bg'34'44"W. //~, 139'g2' /~-~'"'~ 119.g2' C-1-'"~/ N.89'34'44"E. ¢-2-/ /~,,PINE RIDGE ROAD-,,/ (CR-§96) 150' R/W TRACT L-14 VINEYARDS UNIT ONE PLAT BOOK 14 PAGES 67-74 i,/,,,'--10.00' LEG_AL DESCRIPTION The South Ten (10) feet of Troct L-14 of the plot Vineyords. Unit One os recorded in Plot Book 14, Poges 67 through 74 the Public Records of Collier County, Florido. Contoining 1.3,39 squore I'eet more or less. ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT· COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 F. AST 'I'A~XlIAMI TRAIl. NAPI.I:S, FI.ORII')A 341 ! 2 (941) 77,I-Sl92 SIP 2 8 ]999 LEGAL DESCRIPTION (NOT A SURVEY) FO[.[O NO... ~,o'7o1~ OO ?_q~ SI<ETCH OF DESCRIPTION VINEYARDS UNIT ONE PLAT BOOK 14 PAGES 67-74 I 20.15~ FEE SIMPLE TITLE IRACT CC VINEYARDS UNIT 3A PLAT BOOK 17 PAGES 7-18 S.89'34'44"W. 2036.47' 2035.51' N.§9'34'44"E. ,,,,,,~, PINE RIDGE ROAD..,,/ (CR-896) 150' R/W GOLDEN GATE ESTATES UNIT 54 PLAT BOOK 7 PAGE 23 ~:; ,-20.01' 17116 LEGAL DESCRIPTION The South Twenty (20) feet of Troct CC of the plot Vineyords, Unit. 3A os recorded in Plot Book 17, Pogos 7 through lB of the Public Records o! Collier County, Florido. Contoining 40,720 squore feet more or less. ~-/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 PUBLIC WORKS ENGINEERING DEPARTMENT L:AST TAM IAMI TI{Al I. NAPLES, FLORI DA 34112 (041) 774-8102 SiP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) I'ROJF. CT NO..601 P^RCEt. NO... FOLIO NO... PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT LEGAL DESCRIPTION The South Twenty (20') of the North 170.0 feet of the East 62.0 feet of Tract 121 of the Plat thereof; Golden Gate Estates, Unit 33 as recorded in the Plat Book 7, Page 60, of the Public Records of Collier County, Florida. Containing 1240 square feet more or less. Parcel No. 139 pag/lgld.075 PREPARED ~" ~ i~'O""F~'~ ~:' '1~i' '1~ i~;'l~ ~'~'N D PROFESSIONAL LAND SURVEYOR-FL. REG. # 2408 PUBLIC; WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 I:AS I 'I'AbllAMI TRAIl. NAI I.I:S, FI. OI~.IDA 34112 (9,11) 77,1-Sl92 SEP 2 8 1999 LEGAL DESCRIPTION (NOT A SURVEY) I'l,[OJ F. CI' NO..60111 PARCEL NO.., FOLIO NO... "~qo FEE SIMPLE TITLE LEGAL DESCRPITION COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida; thence mn along the west line ofsaid Tract 14 N 00' 19' 10" E 181.55 feet to the POINT OF BEGINNING of the parcel'of land hereinafter described; thence S 89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E 414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896); thence along the south righbof-way line"of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to the POINT OF BEGINNING. Containing 8726 square feet more or less. Parcel 140 Sheet 1 of 2 Basis of Bearings is the West line of Tract 14 being N 00' 19' 10" E. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 12 (941) 774-8192 S£P2 8 L999 SKETCH OF DESCRIPTION LOGAN BOULEVARD '"~.-00'19'16"E. ~- [ N.OO'19'10"E. 200.99' -"1.5.37'/ 155.62' X L S. 44'39'18"E 50.05' r~'~' F. N. 89'57'44"W 62.38' L__ S.89'37'45"E 414.62' ,// N.OO'22'15"E 10.00' PORTION TRACT 14 S.89'37'45"E 180.00' 181.55' S.00'19'10"W. 201.55' GENERAL NDTES 1) P,D,C, indicates Point oF Commencemen'i; 2> P,B,B, Indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/~ Indicates Righ't:.--oP-way 7) Att distances are In f,eet and deciMaLs thereof' 8) Basis oF Bearings Is the Wv/est tine oF Tract 14 beln9 N.OO'lg'iO'E, 9) Not valid unless signed and seated wl:t;h the embossed seal of the proFesslonat fond surveyor DRAWN BY: THIS IS ONLY A SKETCH 140 ISHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAS'I' TAMIAIVll TRAIL NAPLES, FLORIDA (941 ) 774-8192 1999 LEGAL DESCRIPTION (NOT A SURVEY) ~'r~oJ~.cr NO..6011~ P^r~CE~. NO... FOLIO NO... '~:,_~ I PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MA1NT. EASEMENT BEGIN AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C-896) AND THE EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD; THENCE NORTH 0 DEGREES 19 MINUTES 10 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD, A DISTANCE OF 38.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 40 DEGREES 58 MINUTES 19 SECONDS EAST, A DISTANCE OF 50.62 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTH 89 DEGREES 37 MINUTES 45 SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 33.40 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.015 ACRE (635 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD BEING NORTH 89 DEGREES 37 MINUTES 45 SECONDS WEST. PARCEL 141 PREPARED V GEORGE R. ~ICH'~JuoN'D DATE~,?~,~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774--8192 S£P2 8 SKETCH OF DESCRIPTION I ~ 50,00' TRACT I o6 ~-- S 40'58'19"E t.d~ .152 N.g9'37'45"W. PINE RIDGE ROAD t 141 AR~EL P GENERAL NOTES 1) P,B,C, indicates Poln't o¢' Commencemen't; 2) P,R,9, Indicates Point oF ]3eglnnlng SI) Sec, Indl¢0,-I:es Se¢-I:lon 4) Twp, Indicates Township 5) Rge, Indlca't;es Range 6) R/W Indlca't;es Rtgh't;-oF-way 7) Att distances are in Peet and declmats thereof 8) :Basis o¢ :Bearings is the Nor'l;h R/W tine Pine Ridge Road helm9 N,89°37'45'W, 9) Not vatid untess signed and seated with the embossed seat oF the professional rand surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: D~,TE: FlEE NO.: NQT TB SHEET 2 OF 2 .,, SCALE 02-13-97 141 September 28, 1999 Item #8E1 ADOPTION OF COUNTY LEGISLATIVE AGENDA - CONTINUED UNTIL AFTER COMMISSIONER BERRY RETURNS FROM THE FACC MEETING The next item is the county legislative agenda. I don't know if anybody has real strong feelings about this, but I kind of would like to continue that, just because of the special act and all of the provisions associated with it with regard to the comp. plan. I just personally think that needs a lot more study than what's been put in front of us today. I've got a lot of questions on it. Is there any objection? There's no time sensitive -- nothing sensitive on the timing of it. Does anybody object to continuing that legislative agenda item? COMMISSIONER CONSTANTINE: I have a couple items I just wanted to throw in. And let me find the page, Jim. CHAIRWOMAN MAC'KIE: And maybe what we'd do, instead of discussing them substantively today, we could give to staff any ideas we have for legislation that we might want to have them flesh out and bring back to us as a package. But that one -- MR. McNEES: Madam Chairwoman, I will take the opportunity, before you get into your discussion, to introduce to you the latest addition to Mr. Fernandez's staff. Forest Cotton has joined us from the City of Punta Gorda. He fills out our last remaining assistant to the county administrator position. And he's prepared to -- that sounds like take notes and listen to you today, or answer any -- MR. COTTON: Good way to get my feet wet anyway, so -- CHAIRWOMAN MAC'KIE: Good. Well, welcome. MR. COTTON: Thank you. COMMISSIONER CONSTANTINE: Let's continue. CHAIRWOMAN MAC'KIE: Okay. Is there an objection to continuing that? COMMISSIONER BERRY: No, I would hope too that since I'm going to be dealing with FAC in the next couple of days and I guess the Coalition from Florida Counties, I would like to incorporate perhaps whenever the discussion is up there this -- in the next couple of days. Perhaps that would help us in the direction of some additional items. COMMISSIONER CONSTANTINE: The one item I had that -- CHAIRWOMAN MAC'KIE: Good idea. COMMISSIONER CONSTANTINE: -- you've dealt with I know in your district, I just recently in mine, and that is the definition of modular home versus model home -- COMMISSIONER BERRY: Yes. COMMISSIONER CONSTANTINE: -- and the county's inability to do anything with that. CHAIRWOMAN MAC'KIE: Maybe you should take notes, Mr. McNees. COMMISSIONER CONSTANTINE: It might be nice if our friends at the state would allow the home rule to deal with that issue, because it Page 101 September 28, 1999 may meet hurricane code, but there are a number of issues that go that simply don't fit. So that's one of the two that I had hoped we could get on the agenda. CHAIRWOMAN MAC'KIE: So the definition of modular home, Mr. McNees, is something we want to see incorporated into this as it comes back. And Commissioner Berry will bring back some -- hey, guys, I honestly can't even hear. I mean, I guess I'm just grouchy today. I'm sorry. But we were hoping you were taking notes on what we were saying as what we want to see developed for the legislative agenda. And one was the modular home idea that Commissioner Constantine brought up. COMMISSIONER CONSTANTINE: Welcome aboard, by the way. CHAIRWOMAN MAC'KIE: And the other is some ideas that Commissioner Berry will probably bring back from FAC and Coastal Communities, if you would coordinate those with her. And you have something else? COMMISSIONER CONSTANTINE: I had one other one. This has to do with -- our legal is doing some homework on right now. But under state statute, definitions of group homes and what can go in single-family neighborhoods at our group homes, we've got a problem with -- again that actually is in Commissioner Berry's district most recently. COMMISSIONER BERRY: It's always in my district. CHAIRWOMAN MAC'KIE: Good district. COMMISSIONER CONSTANTINE: Just a problem area in general. Unfortunately, the way this reads, the way state statute reads, you can have group homes for a number of -- a wide variety of issues planted in the middle of neighborhoods, and there are some things where that may be perfectly appropriate. There are some things it is clearly not appropriate, but the way state statute reads, again, the county doesn't have the ability to do a whole lot about it. So I'd like to get our legislators to help us with that. CHAIRWOMAN MAC'KIE: Any other ideas? And then we'll bring this item back after it's been flushed out. Probably continued on -- COMMISSIONER BERRY: I would hope so. One other thing, this is something we do need to discuss as a board, too, our real feelings on this. But even the use of some of the tourist tax money, which I'm thinking is going to come up at the coastal coalition meeting in regards to using that toward roadways. CHAIRWOMAN MAC'KIE: okay, well. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: some idea. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: I like it. You mean tourists use roads? Oh, Last I heard. May be a reasonable concept. So there's That money could well be spent on roads. Okay -- Madam Chairwoman? -- anything else to bring to our new -- I think it's probably in here, but that whole issue about going into a title office and getting loans and the Page 102 September 28, 1999 exorbitant rates, that -- CHAIRWOMAN MAC'KIE: It's not, though. COMMISSIONER CARTER: -- we said that was a legislative issue, and we really think that should go back to the legislator. CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER NORRIS: That's a legislative issue. Why don't we do like Commissioner Berry says and wait till it comes back from FAC. If it's not covered there, we can add it on at that point. CHAIRWOMAN MAC'KIE: And we'd invite public input, if there are items that you think should be brought before the legislature, that you'd contact your county commissioner and we'll talk about proposing those to the board as part of the county's package. COMMISSIONER BERRY: As kind of a side note on this -- you don't have to take notes on this -- since I am going up to the FAC meeting for this Friday, I was wondering if there is anything that you want me to take up there, any issue that you would like me to take up there in this regard. COMMISSIONER CONSTANTINE: Just those two that I mentioned. COMMISSIONER BERRY: Just those two that you mentioned? COMMISSIONER CONSTANTINE: No, I mean, I don't have anything else, but I think those are -- we can't be unique with either one of those. There's got to be other counties that run into the same problem. COMMISSIONER BERRY: The title and the -- COMMISSIONER CONSTANTINE: No, the group home -- COMMISSIONER BERRY: The group home. COMMISSIONER CONSTANTINE: -- issue and the modular versus -- COMMISSIONER BERRY: And the modular, okay. COMMISSIONER CONSTANTINE: -- mobile. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: Okay. MR. McNEES: Madam Chairwoman, there is one other item where we may be somewhat unique. And it's one I've just learned about in the last couple of days. For purposes of maybe putting it on the table with both the FAC and the Coastal Counties Coalition. Learned that when the legislature gave special risk retirement benefits to EMS emergency service employees, they did not include in that legislation the helicopter pilots. CHAIRWOMAN MAC'KIE: Oh, great. MR. McNEES: I learned that there are not that many counties who actually -- whose helicopter pilots work for the EMS system. They're either sheriff's employees or whatever they might be. I would ask that you make that one of your legislative priorities to see that the helicopter pilots who actually fly the medics to the scene are included as special risk, as it's very important to them. CHAIRWOMAN MAC'KIE: I think you got support for that. COMMISSIONER CARTER: Yes, indeed. CHAIRWOMAN MAC'KIE: Other items? If not, we'll look forward to having this again. Page 103 September 28, 1999 Item #gA FAERBER & CLIFF SELECTED AS OUTSIDE COUNSEL FOR COUNTY IN LAWSUIT ENTITLED DWIGHT E. BROCK V. ROBINSON & COLE, L.L.P. AND COLLIER COUNTY, FLORIDA 9(A) under county attorney is recommendation to select some outside counsel on the Robinson-Cole case. You gave us a staff report. COMMISSIONER NORRIS: I move that we appoint Faerber and Cliff. COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: Faerber and Cliff was -- COMMISSIONER NORRIS: The Wizard Faerber, we want him on this case. CHAIRWOMAN MAC'KIE: Do they have any particular expertise in this area? Does anybody -- did any -- my only question was did any of the firms, in their qualifications, have any experience on an unauthorized practice of law case? MR. MANALICH: Madam Chairwoman, commissioners, for the record, Ramiro Manalich, assistant county attorney. Obviously all eight of the firms are all very good. We've short-listed four. Among those, I guess in answer to your question, the closest that I could find there would probably be John Cardillo in that he, in addition to being a long-time bar leader here locally at the state level, through the State Bar Association, has had probably more experience than the others on lawyer regulation type matters, which is probably most akin to what we're dealing with here. David, if you want to add anything, I think -- COMMISSIONER CARTER: Well, this goes back to the issue of the clerk and who pays the bill? MR. MANALICH: No, this is in regard to the issue about a bill regarding unauthorized practice that is at question. COMMISSIONER CONSTANTINE: Question along those lines. Who is suing whom and for what purpose? Because as I read this, it looks like the county is being sued by the county clerk. COMMISSIONER NORRIS: Exactly. COMMISSIONER CONSTANTINE: And should he win, or should he lose for that matter, the taxpayer loses. So who's suing whom for what purpose? MR. WEIGEL: Thank you. Well, you read it correctly. The county is a co-defendant sued by the Clerk in this regard. It is important to note that the complaint filed has of course jurisdictional allegations, some general allegations that kind of run the gamut of the clerk is the clerk, Dwight Brock is the Clerk of Collier County and performs certain functions and things of that nature. And then there are two counts to the complaint. Both counts of the complaint are not against Collier County. We assume at this point that the county is a party to this because the county is a party to the contract. And part of the question that Mr. Brock has raised to the court is one, is there the unauthorized practice of law by the Page 104 September 28, 1999 firm of Robinson and Cole providing services to the county pursuit to a particular contract, and that is the contract of Robinson and Cole with the county. Secondly, a question raised to the court -- and this is in regard to the Florida Prompt Payment Act -- and that is in looking for the court to determine the question of the unauthorized practice of law and whether the contract itself should be considered void ab initio, that is void from the outset, that $35,000 have been paid under the contract. An additional approximately $25,000 under the contract has not been paid and didn't want to run afoul of the Florida Prompt Payment Act. So the court has asked to take notice of that in the context of general litigation that's there. CHAIRWOMAN MAC'KIE: When we hired these lawyers to give us advise on how to reduce density, we apparently -- someone assumed that they were either licensed to practice law in the State of Florida or would associate themselves with a firm that was licensed to practice law or associate themselves with someone in the County Attorney's Office. Because it turns out they don't have a ticket to practice law in Florida. COMMISSIONER CARTER: This is interesting to me as to how this has to go to court, we have to spend a lot of legal fees. Why couldn't we have sat down with the Clerk and resolved this? How did we get in this mess to begin with? It seems to me that we're going to have a big technical debate among attorneys -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: -- interpreting law that cost the taxpayers of Collier County for this exercise. And I can't see why we can't sit down and resolve this thing without going through all of this process. COMMISSIONER CONSTANTINE: And if we recognize that the gentleman was not licensed, or whatever the proper term is here, why are we in any disagreement with the Clerk? Why don't we join the Clerk and tell this gentleman either we're not going to pay or -- and if something was inappropriate, it was done by someone outside the county. We all ought to be working together to correct that. CHAIRWOMAN MAC'KIE: Or if something -- I mean, I guess part of the problem in my mind, and I've expressed this to David, is I know that there's a provision in the standard contract that says dear contractor person we're buying services from, you will have all the appropriate licenses. COMMISSIONER CONSTANTINE: My point is just do we disagree with the Clerk? Are we under the impression this guy is A-okay certified in Florida? COMMISSIONER CARTER: Were our lights off when we wrote the contract? CHAIRWOMAN MAC'KIE: That's the question. That's what my concern is, that our lights were off when we wrote the contract, because we should have known this lawyer does not practice in the State of Florida. COMMISSIONER CONSTANTINE: There are two issues: One, we should Page 105 September 28, 1999 have, but we are where we are, as Ken Cuyler said once. And at this point, am I correct in assuming where we are is in agreement with where the Clerk thinks we are, that this gentleman does not have the proper licensure or certification in Florida? MR. WEIGEL: I don't think so. And I think it would be a disservice to posture ourselves outside of the fact that that matter's been filed in court in this regard. There will be -- it purports because it has been filed that there's a lawsuit. The county has not been served yet, to our knowledge -- Mr. Blaesser with the firm of Robinson and Cole has not been served -- the process yet to have to respond, so we don't have a specific time frame yet. CHAIRWOMAN MAC'KIE: But David, the question is do you disagree with the Clerk's assertation that there is an unlicensed practice of law question here? MR. WEIGEL: Well, again, I think that you make it very difficult for the county to have a potential to provide an adequate, call it defense and representation to the court, which is really a fact-finder in this particular case. I think that -- COMMISSIONER BERRY: I don't think we should be discussing this, frankly. MR. WEIGEL: The fact is that the unauthorized practice of law is a subjective issue. And there are criteria that are reviewed. We had -- and when I say we, I mean Mr. Manalich -- and myself had a discussion with Dwight Brock at his offices June 18th, explaining the relation and the facts as we knew them with Mr. Blaesser and Collier County and the county attorney office, and felt that a colorable thought or decision could be made that this was not the unauthorized practice of law. He chose not to accept that. However, ultimately Mr. Brock finds -- both as we, the county attorney office on behalf of our client, the county, finds it -- it's not our province to make the ultimate determination. It will be the province of either the Florida Bar, of which an opinion request was filed July 19th, and/or the -- in this case now the court. We didn't file that, but as respondents in the action, we will provide all the information so that the trier of fact and applier of law can make that determination. COMMISSIONER CONSTANTINE: I'm sorry to interrupt, and I'm sorry to keep asking questions. Maybe I just -- MR. WEIGEL: That's all right. COMMISSIONER CONSTANTINE: -- can't grasp it. MR. WEIGEL: I want to be complete in my answer. COMMISSIONER CONSTANTINE: In 30 seconds or less -- MR. WEIGEL: I can do it. COMMISSIONER BERRY: Be careful. COMMISSIONER CONSTANTINE: -- when the Clerk -- yeah, to the best of your ability, in 30 seconds or less -- the Clerk has included us in his suit, has included Collier County in his suit as a defendant. Why? What is it he is saying Collier County has done wrong, and that we're saying no, we haven't? MR. WEIGEL: Well, to his credit in the complaint he doesn't say Page 106 September 28, 1999 the county did anything wrong. COMMISSIONER CONSTANTINE: So why are we included as -- MR. WEIGEL: The county a party to the contract, and he is exercising jurisdiction as the auditor and comptroller for the county to not pay on that contract of the county. Additionally, the Board of County Commissioners nor the county attorney office has gone on record saying that the services provided, legal or otherwise, from Robinson and Cole were inappropriate or illegal. And so from that standpoint it's an issue that's I guess yet to be determined. But the true client itself, as far as I know with the record, has not found a fault on the kind of services that were delivered. COMMISSIONER CONSTANTINE: So what does he stands to gain? I just am absolutely not understanding why Collier County is included as a defendant. If he believes the gentleman was practicing law inappropriately, then God bless him, go do what he needs to do. But why we're included in there as well, there is -- what is the benefit of including us? If -- I assume if he finds -- if he's proven to be right, if Dwight is proven to be correct, then he would not have to pay, the gentleman might even get some money back if some has already been paid. But what is it he stands to gain by including Collier County in as his defendant? MR. WEIGEL: Well, again, you and I are both making some assumptions here. We're doing it carefully but I assume that the county was included so that he would have absolute certainty that the case would continue forward for not having the lack of what might be argued an indispensable party, which is the county itself, the receiver of the services. In any event, Mr. Manalich and I felt that, and Marjorie Student as attorney in our office, felt that we might be asked questions in the course of this proceeding where they would -- typically an attorney might come for whomever side and say Mr. Weigel, did you know that Mr. Blaesser was or was not an attorney in the State of Florida, when did you know it and things of that nature. And it's for that reason and really that reason alone that the county doesn't attempt to defend this. It's hard to be your own witness and defend yourself in the same case. Back to the presentation of the -- call it the short list that we provided, as Ramiro indicated. We think particularly of the four in the short list all very qualified. We understand of course Mr. Cardillo has more connection with the Florida Bar, and the bar's regulation of the unauthorized practice of law. COMMISSIONER CONSTANTINE: I'm -- and I apologize to everybody, but I still want to ask a question; if I don't understand the answer, I have to ask it again. And that is -- MR. WEIGEL: I'm sorry I'm -- COMMISSIONER CONSTANTINE: -- what is the potential benefit to the clerk or to his -- what he perceives to the public as a benefit of including Collier County as a defendant? Page 107 September 28, 1999 MR. WEIGEL: I would surmise that the benefit is that it provides some assurance that the case may go forward in a court of law. COMMISSIONER CONSTANTINE: How would it not go, for those of us who don't work in the courtrooms regularly? How would it not go forward if he merely included the gentleman who stands accused? MR. WEIGEL: Okay. Well, it might not go forward because -- again, I hate to discuss this stuff, but I will -- and that is Mr. Blaesser, as a true party defendant with two counts against him, or his firm, may say, well -- CHAIRWOMAN MAC'KIE: Okay, I'm going to pause you for a second just because I know that there is such a thing -- we haven't done it in this county -- is going into executive session where we're discussing litigation, and we get to discuss that outside of the sunshine, because -- and you keep saying you're nervous to be having this discussion. Do you want to advise us not to have this discussion in this forum? MR. MANALICH: Madam Chairwoman, if I could maybe add something which I don't think would require to be in the shade, I mean, basically. CHAIRWOMAN MAC'KIE: In the shade. I like that. MR. MANALICH: As allowed by law, of course. But, I mean, just to add to Mr. Weigel's comments. I can't speak for the Clerk, obviously, although I have spoken to him about this matter. My understanding is that the clerk feels that declaratory relief was necessary because exploration of an answer to this question through the Florida Bar, unauthorized practice of law section would take up to a year to get an answer. CHAIRWOMAN MAC'KIE: Then we'd violate the prompt payment. MR. MANALICH: Then we have an issue of prompt payment. Now, the county would be viewed as the defendant, I would assume on behalf of the Clerk -- by the Clerk because it is the one than has the contract with the film, it is the one whose funds would be paid that he is the auditor, is charged with watch dogging. So that's why I assume, and I can't speak for the clerk, but he would view, as David said, the county as at least superficially an indispensable party. Now, as David commented earlier, the complaint primarily focuses on the other defendant, not the county's conduct. CHAIRWOMAN MAC'KIE: But that answers the question to me about why the county is in this fight, is because it's which pot of money, which pot of taxpayer money is it coming out of? It's coming out of the Board of County Commissioners' pot of money. Therefore, a court would say we're an indispensable party. COMMISSIONER CONSTANTINE: Thank you. And if there's other parts you're uncomfortable with, fine. And I know there's a motion and a second on there. I would just suggest if maybe we can select that firm, I don't know how quickly all of this moves forward, then maybe in the coming days you can talk individually with us with whatever questions we may have. COMMISSIONER CARTER: And maybe it gets resolved on the courthouse steps. Page 108 September 28, 1999 COMMISSIONER CONSTANTINE: Yeah. And I don't know if you sat down, maybe you have, with the Clerk, but perhaps we could do that. MR. MANALICH: I think the Clerk believes that by getting a judicial declaration, then if payment is made, well, then he governs himself accordingly. COMMISSIONER CONSTANTINE: Have you sat down with the Clerk? MR. MANALICH: I -- David and I, as he indicated, had spoken with the Clerk back in June about this matter. COMMISSIONER CONSTANTINE: Since it's been filed, we haven't had any discussion with him. MR. MANALICH: Not of substance that I recall. COMMISSIONER CONSTANTINE: Big tall building over here with a courthouse out front. COMMISSIONER BERRY: J How much does it cost to file a lawsuit like this? CHAIRWOMAN MAC'KIE: 50 bucks. MR. WEIGEL: It's a little more than that. MR. MANALICH: The filing costs are $100, tops. MR. WEIGEL: And then service. I'll tell you, though, that when I attended an advanced land use seminar in August 20th and 21st outside of county, at that very seminar was a topic, an hour and 45 minute topic, about the unauthorized practice of law and land use. And the speaker was a Ms. Lori Holkum of the Florida Bar, and she specifically talked about having received a complaint -- or I should say a request for opinion -- and it was no question that it was this very request for opinion that ultimately I learned that Mr. Brock had filed. And she told the class at large, me included, with about 220, she said it looks like a difficult question. I wish you'd just file a local dec. action and take care of it. I think it would take about a year for -- before we'd ever decide it at the Florida Bar level. CHAIRWOMAN MAC'KIE: That's what this is, the local dec. action. MR. WEIGEL: This is the local dec. action, which conceivably Occurred subsequent to potential advice or response from the Florida Bar. MR. MANALICH: I mean, in a sense it is a summary, in fairness to all parties. What you have is a situation where the county has a contract that has a provision that says that the provider of the service shall be appropriately licensed. That's the county's contract. The provider of this service, this particular law firm, has the view -- is my understanding; I can't speak for them -- but my understanding of their view is that they were acting in coordination with local staff and local counsel. The Clerk's dilemma, as I understand it, is that they have the Florida Prompt Payment Act on one hand; on the other hand they have the requirement to not pay any bill that would be illegal if you pay someone who is unauthorized to practice, that contract is void and cannot be paid. Therein lies the situation that has led to the Page 109 September 28, 1999 lawsuit, as I see it. CHAIRWOMAN MAC'KIE: Well, bluntly stated, it's a question of whether -- well, I'd better not. MR. MANALICH: Again, back to the summary, you've got -- Mr. Weigel had instructed me to create the short list of the four prongs CHAIRWOMAN MAC'KIE: Do we have a motion and a second on the floor for Faerber and Cliff. Although we had a comment from Assistant County -- whatever you are -- senior assistant -- chief assistant county attorney that Mr. Cardillo's firm may have more experience in that regard. MR. MANALICH: Well, again, you know, it's very difficult. It's like picking among the best, you know. I mean, they're all very good. Everyone I think is up to the task. You asked a specific question, who has more connection to the subject of unauthorized practice. My guess would be that Mr. Cardillo has slightly more because of his Florida board -- Bar Board of Governors lawyer regulatory experience, but that's not to say the others can't do the job either. Everybody's good here. COMMISSIONER NORRIS: Poll the question? CHAIRWOMAN MAC'KIE: Okay, there's a motion and second on the floor. Further discussion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously, Faerber & Cliff. MR. MANALICH: Thank you. CHAIRWOMAN MAC'KIE: Thank you. Page 110 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this /'~r'l~ day of February, 2000, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFaerber & Cliff, 2335 ~ Tamiami Trail North, Naples, Florida 34103, (hereinafter 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 assist and provide legal representation for the Board in the lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County, Florida, Case No. 99-2910-CA. 2. Counsel, upon authority of the County Attorney, shall do all legal work, including but not limited to preparing all legal documents, correspondence, communications, etc. and attending all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any trial and/or appellate proceedings relating to the referenced lawsuit. 3. The Board, through its Community Development Services Division (Fund 113) or under the County Attorney Outside Counsel Budget (001-010520-631100), if appropriate, hereby agrees to pay Counsel's necessary and reasonable professional fees and costs as compensation for legal services at Counsel's rate of $190.00 per hour for Nelson A. Faerber, Jr., Esq. Rates charged by other attorneys in the firm are not to exceed $190.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Counsel's legal assistants ($60/hour). Invoices to the County for legal services rendered shall be itemized and shall set forth Page 1 of 4 the name of the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. 4. The County agrees to reimburse Counsel for all necessary and reasonable out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable documented communication costs, identifiable documented reproduction costs, and special computer expenses not applicable to general overhead. All requests for reimburseable expenses should be supported by appropriate documentation. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers. Employees and Authorized Persons. as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch - $ 6.00 Dinner - $12.00 5. Counsel shall have professional liability insurance. Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Counsel to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims Page 2 of 4 (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 6. 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. 7. Counsel agrees to obtain and pay for all permits and professional and/or other 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 hereat~er adopted. 8. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. Page 3 of 4 9. 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 during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The. County reserves the fight to terminate this Agreement immediately, for cause, upon written notice to Counsel. IN WITNESS WHEREOF, Board Counsel have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: FAERBER & CLIFF (Printed witness signature) (Printed witness signature) Florida Bar No. 237231 ATTEST: DWIGHT E. BROCK, CLERK ¢ s~guature 0nly; ,,' - APp~ov. ed as t9. f6nn and leg.al suffiLi~ncy:' .~ ('~~ C. Weigel · County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAlClELA S. MAC'KIE, CtHAt~WOMAN Page 4 of 4 September 28, 1999 Item #gB CARLTON-FIELDS (NANCY LINNAN) SELECTED AS OUTSIDE COU/nSEL TO ASSIST BOARD AND OVERSIGHT COMMITTEE IN GROWTH MANAGEMENT PLAN PROCEEDINGS/SELECTION OF COUNSEL And now we will talk about the solicitation of outside counsel to assist in the Growth Management Plan. MR. WEIGEL: Well, this will be much briefer at this point. But I wanted to tell you that in compiling piling a listing, mental and otherwise, of both local attorneys and attorneys throughout the state, all licensed in the State of Florida -- CHAIRWOMAN MAC'KIE: Thank you, Lord. MR. WEIGEL: -- to -- and with significant experience in land use areas, and preferably with experience in interaction previously with -- at the state level. We have several local attorneys and some that are not in county, not located in the county. CHAIRWOMAN MAC'KIE: Is there any -- it seems to me local attorneys ought to be excluded. COMMISSIONER CARTER: I would agree, Commissioner. COMMISSIONER BERRY: I'll agree with that. MR. WEIGEL: That is fine. And I was looking for further direction along that line. But we, you know, looked and called through those that the county thought had the local expertise but wouldn't be excluded by virtue of significant contacts with the county, with the board, in the land use process on behalf of local petitioners. We still came up with a few that we thought were qualified. But on the state level, the most assailant issue to tell you at this point is I've got a few more names on the list of people around the state with kind of high profile firms to contact. But I would want to advise you that the county currently has a retention agreement with the firm of Carlton Fields, and Nancy LiNnan of Carlton Fields in Tallahassee, with whom I have spoken at quite some length, has expressed an interest to assist the county in the tasks that are before it, which include of course specifically working with the Board of County Commissioners and assisting in answering questions to the two oversight committees. And making any trips necessary to any of those committees -- but at the outset I think that the idea is not necessarily for that attorney, wherever he or she may come from, to be coming to all of the meetings, certainly, or maybe none of the meetings of the oversight committees, but to be there to assist and coordinate. Our current contract with Carlton Fields has a couple attorneys specifically listed at particular rates, and hers is in that same category of rates. She'd mentioned to me that her rate is currently 230 an hour. We have one attorney under Carlton Fields in the construction area, Mr. Neuchterlein, at 220 an hour. And she said that 220 or thereabouts, even a little lower, would be fine for her. She also had some suggestions about two other -- an associate -- Page 111 September 28, 1999 COMMISSIONER NORRIS: Mr. Weigel, if you don't mind, I think this lady has a very fine reputation, plus she has got a lot of experience in this area, and I move -- do you want us to pick her today? MR. WEIGEL: If you're comfortable, that will be fine. And I can bring a contract back very quickly. COMMISSIONER NORRIS: I move that we select this lady. COMMISSIONER CARTER: I second. COMMISSIONER CONSTANTINE: That's Carlton Fields, Nancy LaNann. MR. WEIGEL: Yeah, Nancy LaNanno And I would bring back a minor contract amendment to the contract you already have in place. CHAIRWOMAN MAC'KIE: For the benefit of the public, can you tell a little bit about -- she was an assistant secretary to the DCA? MR. WEIGEL: To the DCA, she was there into the mid 1980's. A very significant proportion of her work right now continues to be of course land use, and she operates in and through all of the Tallahassee offices and legislature with great frequency. CHAIRWOMAN MAC'KIE: Tremendous amount of experience. COMMISSIONER CARTER: I understand she took Hillsborough and Pinellas County through this process. MR. WEIGEL: That is my understanding, yes. CHAIRWOMAN MAC'KIE: Okay, motion and a second. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. MR. WEIGEL: Thank you very much. Page 112 AMENDMENT TO LEGAL SERVICES AGREEMENT THIS AMENDMENT TO LEGAL SERVICES AGREEMENT made this 25~ day of September 1999, between the Board of County Commissioners, (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tallahassee and Tampa, Florida, ("Carlton, Fields"). Whereas, the County and Carlton, Fields have previously entered into a Continuing Retention Agreement dated Sune 22, 1999; and Whereas, the County has expressed a desire to obtain the services of outside counsel and, specifically, Carlton, Fields, to advise, assist and work with the Board of County Commissioners, the County Attorney and County staffin the land use / property rights area; and Whereas, by virtue of the diverse special expertise and resources of Carlton, Fields, said firm can provide the desired services. NOW THEREFORE, the parties hereto agree as follows: The Continuing Retention Agreement dated June 22, 1999 by and between the County and Carlton, Fields is hereby amended to provide that the County, through its Community Development and Environmental Services Division, agrees to pay the following named attorneys as compensation for legal services: Nancy G. Linnan at the rate of $220.00 per hour and Michael P. Donaldson at the rate of $180.00 per hour. Carlton, Fields through the aforenamed attorneys, and its use of other attorneys and legal staff of the firm shall provide the legal counsel and all assistance requested relating to land use," property rights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto. Page 1 of 2 SEP 2 8 ~ 9 Except as expressly amended hereabove, the terms and conditions of said Continuing Retention Agreement are unchanged. 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: CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A. (Printed witness signature) (Printed witness signature) Nancy (~. L~nn-an,~sdquire- ATTEST: .,DWIG~ .IsI~;E. BROCK, CLERK "'":'.t:' "Z'?~ ':~ : '". / leg~ sufficient: . bh~d C. W*i~i Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC~4LIE, CHAIRWOMAN ~/~ ~.dj~)t Page 2 of 2 September 28, 1999 Item #9C STAFF TO SUBMIT A PROPOSAL FOR SETTLEMENT IN THE CASE OF GEORGE SMITH & CHERYL SMITH VS. BETTER ROADS, INC. & COLLIER COUNTY CHAIRWOMAN MAC'KIE: Then we have a settlement proposal on Smith versus Better Roads and Collier County case. Mr. Pivacek, did you get to brief all of the commissioners on this? MR. PIVACEK: Yes, Madam Chairwoman. For the record, Attorney Larry Pivacek, outside counsel for Collier County. COMMISSIONER NORRIS: Move staff recommendation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Discussion on the motion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #gD SETTLEMENT PROPOSAL IN THE CASE OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A/S/O MICHAEL MCCREA VS. COLLIER COUNTY - APPROVED Likewise on the McCrea Farm Insurance case. MR. PIVACEK: Yes, everybody's been briefed, Madam Chair. Again, Larry Pivacek, counsel of record for the county. CHAIRWOMAN MAC'KIE: Can we get a motion? COMMISSIONER CARTER: I move staff's recommendation. CHAIRWOMAN MAC'KIE: Can I get a second? COMMISSIONER BERRY: Second it. COMMISSIONER CONSTANTINE: Can I get a witness? CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Thank you, Mr. Pivacek. MR. PIVACEK: Thank you, Board. (Document at end of Minutes). Item #10A RESOLUTION 99-385 APPOINTING CASEY WOLFF TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPTED CHAIRWOMAN MAC'KIE: Appointment of member to the Immokalee Enterprise Zone Development Agency. Commissioner Berry, do you have a recommendation on this, or is it one and one? COMMISSIONER NORRIS: It's one and one. COMMISSIONER BERRY: One and one. COMMISSIONER CONSTANTINE: I bet she'll recommend Casey Wolff. Page 113 September 28, 1999 CHAIRWOMAN MAC'KIE: You think we could? COMMISSIONER NORRIS: He's not from the district. matter? MS. FILSON: No. CHAIRWOMAN MAC'KIE: No. Okay, motion. Is there a second for Casey Wolff? COMMISSIONER BERRY: I'll second it. COMMISSIONER CONSTANTINE: Did I make the motion? CHAIRWOMAN MAC'KIE: You did. COMMISSIONER CONSTANTINE: All right. CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Does that Page 114 RESOLUTION NO. 99-385 SEP 2 8 1999 A RESOLUTION APPOINTING CASEY WOLFF TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Casey Wolff, Immigration Lawyer, is hereby reappointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 2003. This Resolution adopted after motion, second and majority vote.. DATED: September 28, 1999 ATTEST: DWIGHT E. BROCK, Clerk ,,'", ': ' ,-.' :.'.,. · ' ,". ?.,/~L::' ., '* :C." .~ ..- ~. ,.: ....... , , ~..,~. ~..,. ,. ~ .i · ' g . :'"'~" - : ·~' ~- .... -! ' : ,;'~;>,.?', C;-..': ' '".'":';.:::.,~.~as to form and legai sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: bav:i~{ C.-Weigel dO- - County Attorney DCW/kn September 28, 1999 Item #10B APPOINTMENT OF COMMISSIONER BERRY TO SERVE ON THE BOARD OF THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. - APPROVED Florida Coalition of Coastal Communities. We've joined it. Now we need to appoint a commissioner to serve on it. Any volunteers? COMMISSIONER NORRIS: Barbara Berry is going to. COMMISSIONER CONSTANTINE: I'll volunteer Commissioner Berry. COMMISSIONER BERRY: I'm volunteering because I'm going to the meeting tomorrow anyway. CHAIRWOMAN MAC'KIE: Good. If she's willing to serve, I -- COMMISSIONER NORRIS: I move Barbara Berry. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: Ail in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. COMMISSIONER CONSTANTINE: I've been trying to move her for years. COMMISSIONER BERRY: He'd like to move me. He'd like to move me out of District 5 so he can put the landfill out there, where it's already located. COMMISSIONER CONSTANTINE: Just trying to move you on that one issue, that's all. CHAIRWOMAN MAC'KIE: That's it. Item #10C DISCUSSION RELATING TO THE C-4 DISTRICT MAXIMUM HEIGHT ALLOWANCE Okay, discussion about the C-4 District maximum height. This is probably something related to that Vanderbilt Road building, isn't it, Commissioner Carter? COMMISSIONER CARTER: Yes. I believe if -- I don't know, Bob Mulhere can read the exact language. But what took place is that we have a piece of property where a developer maxed that property and brought to our attention that you're putting a 10-story building in an area which he has a legal right to do, but it is not, let's say, in harmony with the community. Developer has sent to me a letter and to the newspaper that he has no need to go to the community for input, he certainly has no need to come to the Board of County Commissioners and ask their opinion on anything, as long as he exercises his legal right within our Land Development Code. And he is absolutely correct. But it does afford us an opportunity to revisit height restrictions in that zoning and come up with a height restriction and/or a setback regulation. I'm not against the needle in the sky, but if there's plenty of green space around it, it's fine. In this case, it's not. And as this comes out of the ground, more and more of Page 115 September 28, 1999 the people in the community will be voicing their opinion to the commissioners and to the newspaper and to anybody that will listen how terrible it is. You can't do anything about that one, but you can prevent it from happening in the future. Because there are other properties like this around the county where we could have the same reoccurrence. So Bob, I'm going to ask you to give us to give us some wording that can give us an opportunity to go back and change our Land Development Code so that we can prevent this from happening in the future. CHAIRWOMAN MAC'KIE: Bob, is this a ZRO zoning? Was this a grandfathered in piece of C-47 MR. MULHERE: No. Since the early -- excuse me, for the record, Bob Mulhere, planning services director. Since at least the early 1980's, the C-4 district has allowed a 100-foot height. There really were no restrictions on than beyond the normal restrictions that limit development such as parking, landscaping, water management. In the last Land Development Code amendment cycle, the staff proposed and the board approved an amendment which would limit the height to some degree, because we proposed changing the setbacks from a straight 25 feet to the setback that says 55 percent of the building height. So the higher the building, the greater the setback. That is in place now, but it was not in place when this project came through approval. That I think to a large degree would address the board's concerns. However, we certainly can look at some -- and as a recommendation, we can look at some additional minimum size requirements. You do have some smaller parcels. I think, though, in theory they would be precluded from putting anything too big on there just by the -- generally speaking, the parking, the water management and then of course this revised setback. CHAIRWOMAN MAC'KIE: So would it be sufficient, Commissioner Carter, if we just gave staff direction to look into this and be sure that the change in the code is sufficient to prevent problems such as the one that we're going to see in North Naples. COMMISSIONER CARTER: I have heard some -- you know, some suggestions that we limit it to 75 foot. And I don't want to get into a situation where we make an arbitrary decision on that. I think again to me the question is setbacks and the size of the property. So a needle in the sky with a lot of green space around it is far superior than something spread out in a big footprint. So if you could come up with some wording that will make sure that this doesn't happen again, that if we have to tighten this and increase the percentage for setbacks, fine. But I know the community -- I know the north district has certainly communicated to me they want to change, and I suspect if it happens in another district, you'll get the same kind of questions and outrage that I have received from citizens about this taking place. Page 116 September 28, 1999 MR. MULHERE: I understand the direction. We'll go ahead and take a look at that and bring back some suggestions to you, including looking at the formula and what that would allow, given the size of the piece of property, that 55 percent formula. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: What was the issue -- remember when Columbia Hospital wanted to build in Windemere -- not Windemere, Grey Oaks? COMMISSIONER NORRIS: Grey Oaks. COMMISSIONER BERRY: What was the height of that building? Remember they came to us and there was something about the setback that was talked about then? Was that 100 feet? MR. MULHERE: I'm sorry, Commissioner, I don't recall. COMMISSIONER NORRIS: I believe it was, yeah. COMMISSIONER BERRY: Wasn't it? COMMISSIONER NORRIS: And they wanted to go a little higher or something. COMMISSIONER BERRY: Something to the effect that -- it had something to do with the roof height and all that kind of thing. Remember, they wanted to put a different kind of a roof on it? COMMISSIONER NORRIS: And we turned them down. MR. MULHERE: Well, there -- height measurements are measured to the midpoint of a roof. So a building height -- and in fact a building height could actually be perceived to be and in reality from ground floor to the top of the roof considerably higher than the maximum permitted, because you measure to the midpoint of the roof. So even if you have a pretty substantial roof, you could add on another 10, 12, 14, 15 feet. It may be that their architectural design called for a very large sloping roof, which then brought their height beyond the 100 foot, and they were asking for some sort of relief in that respect. But I don't recall the -- we have had examples similar to that in the past. CHAIRWOMAN MAC'KIE: But look into that as you're looking into the question overall. Anything else on this item? COMMISSIONER CARTER: I just want to make one other point, that I think our local developers always have been sensitive for the most part to the community's needs, and they have worked with us to try to accommodate the community's needs. In this situation, there was no effort to accommodate what the community thought might be important, what it might look like and what the overall impact would be. It's frankly an attitude situation, that those of us locally, whatever your law is, we'll come in here and develop what we feel like developing, and we don't have to talk to you about it, so -- MR. MULHERE: I did want to add just one more quick statement, that something that we have looked at in other circumstances and that many other communities do utilize is a floor area ratio which results in a maximum amount of -- or a minimum amount of open space or green space on the property, and then limits the actual coverage. Now, that doesn't exactly address height, but in a roundabout way Page 117 September 28, 1999 it does, so we'll go ahead and take a look at -- CHAIRWOMAN MAC'KIE: That's a -- MR. MULHERE: -- some of those options -- CHAIRWOMAN MAC'KIE: -- real good idea. MR. MULHERE: -- and bring it back to you. COMMISSIONER CARTER: Thank you. Item EVALUATION OF CURRENT IMMOKALEE ROAD 6-LANE IMPROVEMENT PROJECT, DRAINAGE AND SIDEWALK DESIGN - PRESENTED CHAIRWOMAN MAC'KIE: Okay, the next item is one that I added on. And I hope that I can adequately describe it for you, because it's one of those where I'm so frustrated that I may not do a very articulate job. This has to do with the widening of Immokalee Road, which we all know needs to have happened already, that we're very frustrated with the delay, but that I know that board members and I know that staff members for a couple of years have been made aware of a couple of problems that I think are really significant in the design of Immokalee Road. The most obvious one being that the way they -- the way the widening was proposed, despite the fact that there are three schools, an elementary, a middle school and a high school in the area, the sidewalks were at the back of curb. Picture that on Immokalee Road. COMMISSIONER BERRY: Only two schools, Pam. CHAIRWOMAN MAC'KIE: Okay. Well, no, no, no. COMMISSIONER BERRY: Yes, yes, yes. CHAIRWOMAN MAC'KIE: The middle school on the -- COMMISSIONER BERRY: The middle school's around the corner of 951 . CHAIRWOMAN MAC'KIE: Okay. But it's still an access question. COMMISSIONER BERRY: Not on Immokalee Road. CHAIRWOMAN MAC'KIE: Okay. We would have children walking to school on a sidewalk immediately at the back of the curb at the deadliest road in Collier County. Because that's the reputation Immokalee Road has gotten. The private sector has worked diligently to get private developers to agree to give an easement to allow for a meandering sidewalk farther away from the right-of-way so that the kids aren't walking where they can touch the cars with their hands. The second issue has to do with the design of the swale and the drainage. And I know that you guys have all -- I think everybody's had the tour and has seen how -- has seen how the maintenance is handled on portions of Immokalee Road where the county is in charge or the Water Management District is in charge of the maintenance versus something like the Kensington and Vineyards and everything else in the county where the development itself maintains the swale up to the curb. Page 118 September 28, 1999 COMMISSIONER CARTER: I think what you're saying, Commissioner, is when the private sector has it in their front yard, it is beautiful and well designed. When it's in our front yard, it doesn't look too good. CHAIRWOMAN MAC'KIE: Yeah. And it's as simple as, you know, I mow my grass all the way up to the curb. I don't stop at the right-of-way line. I mean, it's just that simple. My frustration has been this -- and with apologies to Mr. Ilschner's department and with the request that Mr. Fernandez watch this part of the tape, because I am so frustrated with this -- I have been working and working and working with staff, and all your commissioners have taken rides out there to see this. We understand this issue. Nevertheless, what we keep getting back and what we got first on August 31st and now on September 16th are memos from our staff that say we've asked the experts, we've asked the designers, and that was Hole-Montes, and they've told us well, that might have been a nice idea, but it would cost an extra 2.3 million dollars and would add eight months to the process. And my problem with that is that I finally called them myself and asked questions. And I don't think they have been given adequate information to answer the questions. The consultant has not been consulted, yet the consultant has been used as the reason we can't do this road the way we should be doing it. I asked Bob Murray to come today. He's the -- you'll tell us what your title is, Bob. Could you come up? He works for Hole-Montes. I think that they're very kind to be here, because there is that tenuous touchy situation that they find themselves in. But guys, I think that the process is so significantly broken here in how we design roads and how we get input from the community about the impacts to them as we design roads, that it just bears a discussion at this level. Bob, tell us what your job is at Hole-Montes. MR. MURRAY: Well, I'm partner with the firm and I'm principal in charge of transportation services. CHAIRWOMAN MAC'KIE: And you basically oversee Hole-Montes's transportation projects in Lee and Collier County? MR. MURRAY: Anywhere we have a project, correct. CHAIRWOMAN MAC'KIE: Anywhere you have a transportation project. Tell us, if you would, what -- how did -- it is my impression that as I have continued to ask and ask and ask this question of staff could we please redesign this swale, could we please move this sidewalk, that after two years, I have finally gotten an answer from staff that okay, okay, okay, since you've done all the work, private sector, we will talk about the sidewalk, but we still can't talk about redesigning that swale, even though it will never be maintained adequately because Hole-Montes tells us that that's going to take an extra 2.3 million dollars and an extra eight months. Tell me how you came to give that opinion, if you gave that opinion. MR. MURRAY: Well, I guess first of all, about the sidewalk, if Page 119 September 28, 1999 private sector and public and joint get together and move the sidewalk, I think it's a great idea. But our direction was add sidewalk right-of-way, don't take right-of-ways. That's where we are today. CHAIRWOMAN MAC'KIE: Okay. And who gave you that direction? MR. MURRAY: Working with public works, their contractual obligation. CHAIRWOMAN MAC'KIE: Did they ever ask you would it be a better idea to move -- I mean, did they give you the opportunity to give professional advice about where that sidewalk should be located, or did they say put it at the back of curve? MR. MURRAY: Well, the direction was, is we want to have a sidewalk on the south side of the right-of-way, and in doing so, basically designed it within the standards that stay within the right-of-way limits. The option was not to go outside the right-of-way, that's the answer to your question. Not to go outside the right-of-way. And there really wasn't any public involvement to discuss that. So that's really our -- CHAIRWOMAN MAC'KIE: What about that issue there? What was the process -- compare Collier County's process of public involvement on this roadway with other roads that you have experience in elsewhere. MR. MURRAY: Well, most of our transportation projects do involve public involvement, this project being different. It was designed once and completed back at 1994 and put on the shelf. And -- but new projects, you have public involvement, you go show what you're doing, a typical section, show them the plans and try to -- people like to be able to see and touch their property, what's happening in front of my property here, and you get a lot of ideas and questions come up and you try to address those. CHAIRWOMAN MAC'KIE: Why was that not a part of your job for Collier County? MR. MURRAY: It wasn't part of our, you know, contract. I think we discussed it early on about two years ago, and basically it was not necessary. CHAIRWOMAN MAC'KIE: Who said it's not necessary? Do you understand? It's not necessary to have public meetings and to talk to people about how this road should look in front of their homes. COMMISSIONER BERRY: Well, that may be the case in this particular roadway, but I can certainly tell you that I have been involved with public meetings in regard to the design of roadways, ad nauseam, actually, and -- CHAIRWOMAN MAC'KIE: Golden Gate? COMMISSIONER BERRY: Golden Gate Boulevard. CHAIRWOMAN MAC'KIE: That's the only one I know of. COMMISSIONER BERRY: And there was a lot of public participation in regard to that roadway. It was unbelievable. CHAIRWOMAN MAC'KIE: But it was late. COMMISSIONER BERRY: And it still is. I mean, not because of our staff, but this is because of different -- Page 120 September 28, 1999 MR. MURRAY: Commissioner -- COMMISSIONER BERRY: -- it involved taking and so forth. But let him finish his -- CHAIRWOMAN MAC'KIE: Thank you, Bob. MR. MURRAY: A lot of times projects are budget driven. You know, we have to work with your staff to come up with a scope and a budget that basically fits your needs, and lots of times it's a budget issue. COMMISSIONER CARTER: Let me ask you this question: Intuitively when you see something that could be better, when do you get in our face and tell us it could be better as a contractor? Even though it's not a part of the contractor. What I want to hear from contractors is see, now wait a minute, there's a better way. And that's what I think is going on here. And I want to hear that. And I don't hear that enough. We're too far downstream and somebody says whoops, it's now an amendment to the project and that will be 2.3 or 5.6 million dollars. MR. MURRAY: Well, another thing on this project was the schedule. I think the history of accidents in the area, we've got to get the job done, get it under construction. That was the key part of the project, let's get it done. So that was the focus early on, if I'm right, Ed. COMMISSIONER CONSTANTINE: I'm not sure who I'm addressing this question to, but how many single-family homes are there fronting Immokalee Road? Because I know -- COMMISSIONER BERRY: In that area? CHAIRWOMAN MAC'KIE: None. COMMISSIONER CONSTANTINE: And I'm going to guess that's probably why there wasn't the same -- and I'm not defending it or not, but we had a whole -- COMMISSIONER BERRY: Developments, Tim. You have developments. But you don't have single-family houses, such as they do have on Golden Gate Boulevard. COMMISSIONER CONSTANTINE: On Golden Gate Boulevard. And I'm just guessing that's probably where the direction came from is -- I would be curious to see how many kids you have walking on Immokalee Road to school out there. Probably -- COMMISSIONER BERRY: In this day and age? COMMISSIONER CONSTANTINE: Right. COMMISSIONER BERRY: (Indicating zero.) COMMISSIONER CONSTANTINE: Exactly. And so I understand your concern, I understand this should be on the front end, but I don't want to beat everybody up too bad if we're looking at an altogether different situation than the Boulevard. COMMISSIONER BERRY: And I have to -- in all due respect to Commissioner Mac'Kie, as you well know, there is a new development coming on to the east of Gulf Coast High School on down toward the corner of 951, Pebblebrooke Lakes. I believe that's the -- CHAIRWOMAN MAC'KIE: My last remaining client. COMMISSIONER BERRY: Okay. And that is going to be obviously a family type neighborhood, and they will be able to access, and I would Page 121 September 28, 1999 certainly hope that they would be able to access probably the high school. I don't know of too many parents that are going to turn their children loose to let them walk to an elementary school. That doesn't seem to be the thing these days, if you can go by the number of cars with the mommies driving Johnny and Susie to school in the morning. MR. McNEES: Madam -- CHAIRWOMAN MAC'KIE: Bob? MR. McNEES: -- Chairwoman? CHAIRWOMAN MAC'KIE: Let me have Bob and then -- MR. MURRAY: If I may, just to relate to the sidewalk, back in July we were asked to submit an evaluation of our decision in comparison with the other alternatives. I think relocating the swale to the south side and moving the sidewalk -- actually, moving the sidewalk was looked at as far as getting it further away from the travel lane, making it wider so you get back further enough, but not considering it outside of the right-of-way. So our alternative -- CHAIRWOMAN MAC'KIE: And why not? Why not? MR. MURRAY: Outside the right-of-way? CHAIRWOMAN MAC'KIE: Yeah. MR. MURRAY: It's a great idea if you can make it work with the private sector. CHAIRWOMAN MAC'KIE: Do you know how easy it was to make it work with the private sector? They've all agreed already. Did anybody ask the question? No. And that's what's broken. Talk to people. MR. MURRAY: Well, I think as far as maybe to keep the project going, I mean, you could delay -- see, we're actually advertising the project for construction right now -- is delay the construction of the project, work out the deal, acquire the easements, and then whatever comes out of, you know, the design, then add it back into construction, if it works out. If not, come back and add a sidewalk later. CHAIRWOMAN MAC'KIE: And on Commissioners Carter's point, and this is the last thing I have to say about the sidewalk, is absent diligent, stubborn private effort, we'd have a sidewalk on back of curb. Because as ideas were brought to staff and brought to staff, they were shot down. And they weren't brought to you, and they should have been. And that is -- I don't understand that. I'm frustrated by that, because that's an obviously better idea, if you can have a sidewalk away from the right-of-way. COMMISSIONER BERRY: Commissioner Mac'Kie, this -- I think the Immokalee Road project was already being talked about when I came on the board. But I think we have to go back and look what has been the direction from the commission in previous time, okay? I think that's one of our biggest problems. And if the staff has been working with the previous direction of the commission, in other words, cheap, okay, at all cost, then we need -- cheap, cheap, cheap. COMMISSIONER NORRIS: Cheap at all costs, that's -- CHAIRWOMAN MAC'KIE: But cheap no matter what. COMMISSIONER BERRY: Cheap no matter what. -- then I think that the direction from this board needs to come Page 122 September 28, 1999 to staff that in the future we want you to look at these kinds of things. COMMISSIONER NORRIS: I believe that's what we're doing right now. CHAIRWOMAN MAC'KIE: That's what -- COMMISSIONER BERRY: Well, what I'm saying -- but, you know, to sit up here, I don't want to beat up anybody yet. I don't think that that's fair. Because if they had been under the impression that this board as a whole, not how you feel -- CHAIRWOMAN MAC'KIE: I understand. COMMISSIONER BERRY: -- or how I feel individually or how Tim or Jim or John feels, but as a board, if we give them direction, that's where it needs to come from. It doesn't need to come from any of us individually. CHAIRWOMAN MAC'KIE: And here's the -- COMMISSIONER BERRY: It should have been talked about a long time ago. CHAIRWOMAN MAC'KIE: You're right. But where we have talked about it -- and I'm sorry that Mr. Fernandez is not here -- is when we have evaluated Mr. Fernandez, we have said over and over and over again what we would like to see is more creative thinking, we would like to see professional recommendations from our staff, even if they disagree with our policy. We have said please, tell us the right way to do it and if we tell you no, we've got to do it the cheap way, and we continue not to get that. And I'm very frustrated. COMMISSIONER BERRY: But go back on this project about when was this done. I mean, you're looking at a timing -- I understand your frustration, Pam, but I think you're being a little unfair here in terms of when was that direction given. CHAIRWOMAN MAC'KIE: To Mr. Fernandez? COMMISSIONER BERRY: Well, it doesn't make any difference. This project was already on the road. COMMISSIONER CONSTANTINE: And staff has a hard time, they can't win no matter what -- COMMISSIONER BERRY: That's right. COMMISSIONER CONSTANTINE: -- because if they bring something back that's outside the scope of direction we gave, we give them hell for that. And now they haven't brought something back that was completely outside what we said and we're giving them a hard time for that. So, you know, in fairness, I understand where you're going. If there is something that looks painfully obvious, you ought to bring it to us. But I think we need to be careful beating them up because they're doing the best job they can with the direction given by this board. COMMISSIONER NORRIS: I think probably the best thing for us to do today is stop right now and just ask the staff to look at this issue. They understand that we want do get it done. Let's go out and get it done and look at all the future projects the same way. CHAIRWOMAN MAC'KIE: I'd like to hear on the question of the Page 123 September 28, 1999 swale, though, from Mr. Murray what the options are. MR. MURRAY: The water management swale. Currently it's designed to be on the north side, which is the same side -- north side of the right-of-way, north side of the roadway. It's the same way it's designed today west of 1-75. It's permitted. We're ready to go to construction. It's designed a little bit differently. The one on the west side of 1-75, we worked with the Water Management District. We think it's a better design. And the question is aesthetics and maintenance. That's something that hopefully can be worked out. As far as relocating it to the south side of the right-of-way, it goes -- could it be done? I'd say yeah. But it goes against the normal design philosophies of the outfall toward your conveyance, and then you do stormwater and then convey into your main basically canal. CHAIRWOMAN MAC'KIE: But do you just look at rags in a box or do you look at what we're going to end up with on the ground? MR. MURRAY: Well, I guess backing up here again, this project was designed back in '91, '94 and put on the shelf. And we were basically asked to reevaluate the laneage as far as make sure it can fit six lanes ultimate, which we did, and it can be permitted for six lanes. And then basically add sidewalks to the south. And we weren't going to basically redesign the water quality system and reinvent the wheel, because basically the permit was pretty far along at the time but not completed, so we finished that. So it wasn't revisited at that time. CHAIRWOMAN MAC'KIE: Bob, what's broken then in the process that prohibited you from being able to say there's a better way of doing this? MR. MURRAY: Well, on that particular one, I probably wouldn't recommend going the south side of right-of-way. I wouldn't really recommend that. CHAIRWOMAN MAC'KIE: Probably would not? MR. MURRAY: Not recommend it, no. CHAIRWOMAN MAC'KIE: And what -- how are we going to maintain it? MR. MURRAY: Well, I can work closely with Mr. Ilschner and get some ideas. CHAIRWOMAN MAC'KIE: Because have you seen what it looks like on the other side of 75? It looks awful. COMMISSIONER BERRY: I drive it -- CHAIRWOMAN MAC'KIE: I know. COMMISSIONER BERRY: -- I know exactly what it looks like. CHAIRWOMAN MAC'KIE: That's what we're going to do. COMMISSIONER BERRY: I've had numerous conversations with Mr. Ilschner about that, and I think he can tell you about what has been proposed, because I bent his ear on this particular question myself. MR. ILSCHNER: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Please. MR. ILSCHNER: We have purchased a new piece of equipment called a Reachmor that allows us to go on the other side of the guardrail system and mow that swale area, which we do not presently have the Page 124 September 28, 1999 capability of doing today. That piece of equipment is on order and will be delivered and then we will have the capability of making that swale area look nice behind that -- CHAIRWOMAN MAC'KIE: Is there -- is -- okay. COMMISSIONER CARTER: But in future development, what I think I hear in this discussion -- I mean, Commissioner Norris said future planning, and that's where I'm going -- is that if we look at what the developable properties are, potential there, and begin to look at that and ask ourselves where's the best place to put these drainage systems and stormwater management systems, and what is the best -- how will they look, then we can get into a bigger picture for the future. And I think that's where we want to go and what I think this board is asking to you do. It doesn't mean that we'll agree with you every time, but at least give us that picture so that we have some idea of how to make it look like a Kensington, for example, or something like that. MR. ILSCHNER: Commissioner, we understand that and recognize that is a departure from what we've done in the past. Mr. Fernandez and I recently discussed that about a week ago. We're going to be preparing a presentation for you to talk about that new creative thought process and overall process how we might approach this in the future where we do some of these aesthetic considerations when we do our designs. And also be able to advise you of what the cost impacts of that are. And we look forward to being able to bring that back to you. MR. McNEES: Madam Chairwoman, if I may, I know I'm mostly here to read speaker slips, but I think at this point I need to speak up on behalf of staff on some of these issues regards to you've had a focus on how did we get where we are today. I can't overemphasize, this was a redesign of a road that was designed a number of years ago with certain budget considerations and specific already defined right-of-way that was designed according to clearly defined engineering standard. And if staff has been guilty of something, perhaps it has been that they have been somewhat reluctant to admit that what they are using as a readily accepted engineering standard is an unsafe design for this road -- for this sidewalk because we have this configuration in numerous locations. In fact, you'll recall we had a very similar situation at Airport Road when you dealt with the parents of the Poinciana Village people, and we told them the guardrail installation that we are designing is an acceptable standard for your children. So if we had been guilty, that's been we have been hesitant to tell the parents of Poinciana your children are unsafe. And we're willing to accept that, because the engineering standard is that that is a safe design, so -- COMMISSIONER CONSTANTINE: We also had a plan on the Poinciana thing to have a pathway back well off the road into that wooded area eventually, too, so -- MR. McNEES: So if you're giving us direction that we need to be less sensitive to what these things cost and more sensitive to going Page 125 September 28, 1999 perhaps going beyond defined engineering standards for safety, then what Mr. Ilschner is telling you is that he and Bob have talked about bringing a presentation back to you, that we can do that. We try and we go to great lengths to get public input. And I think Commissioner Constantine's point is very well made. This is not a road that the front -- private homes front on. This is an arterial, so -- CHAIRWOMAN MAC'KIE: But if you think the people who live in those subdivisions that exit and enter on and off of Immokalee Road don't care just because their front yard doesn't touch it, that's wrong. MR. McNEES: I guess what I'm trying to say is if there's been an impression given that staff's been damned the torpedoes full speed ahead, even though they know this is unsafe, I think that's an incorrect characterization, and they're trying to work within the budget they have. We hear you, and if we can find ways to maybe make these things more flexible, we'll try to do that. This is a very frustrating thing for staff. They're bringing forward, as you call them, professional recommendations based on engineering standard, and that's what they're here for. So as Mr. Ilschner said, we'll bring back to you some ideas how these things can be dealt with in the future -- COMMISSIONER CONSTANTINE: Moving right along. MR. McNEES: -- to be a little bit more flexible. CHAIRWOMAN MAC'KIE: Mr. Murray, you spent the day here. Is there anything else you wanted to tell us? COMMISSIONER CONSTANTINE: No is an acceptable answer. COMMISSIONER BERRY: He'd probably like to tell us a lot of things. MR. MURRAY: That's enough. CHAIRWOMAN MAC'KIE: Thank you. I'm sorry, you had something? MR. MURRAY: Well, I guess I just wanted to maybe continue just on this water management swale. If it were to continue to be an issue to relocate it, the costs that we came up with were conservative costs. We assumed the whole right-of -- whole basic length of project would have to be changed. So it's a conservative cost. It is high. If it were to happen, there's going to be a lot of -- there's existing utilities in the ground. And to move a swale, you have to move the roadway about 15 feet north. There's issues of turning radiuses at the bridges and that problem. We have that same problem west of 1-75. So once you start changing ideas on road design, everything starts, you know, falling out. So you've got to be careful when you start changing things. CHAIRWOMAN MAC'KIE: Well, hadn't you told me, though, that there's something about if we don't have to -- if a road section doesn't have to be moved in order to accommodate the change in the location of the swale, this would not be a significant delay and not be a significant expense to do the redesign. MR. MURRAY: I didn't mention that to you, but I talked to my Page 126 September 28, 1999 designers and they basically said to accommodate the swale, we've got to move the road. CHAIRWOMAN MAC'KIE: Okay. So that's not an option. MR. MURRAY: That's correct. CHAIRWOMAN MAC'KIE: Okay. Thanks for being here. COMMISSIONER BERRY: In all due respect, as one who drives that road, my biggest concern, although yes, when I have more time, is to look at the beauty of the roadway. But my biggest concern is make sure that I don't get hit by a rock truck -- CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: -- and not hit the rest of it. And so anything at this point in time that would delay giving those people out in that area, excluding me, some relief for the people further east to get that roadway underway, we need to do it. CHAIRWOMAN MAC'KIE: Sounds like we're doing it. Thanks. COMMISSIONER NORRIS: We're going to rename it the Berry Parkway. COMMISSIONER BERRY: I don't think so. COMMISSIONER NORRIS: No, we're not. Item #11A1 ARTICLE V TRUST FUND GRANT-IN-AID OF $49,204 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND CHAIRMAN AUTHORIZED TO SIGN AGREEMENT CHAIRWOMAN MAC'KIE: Okay, ll(A) (1) now is Article 5 Trust Fund Grant and Aid. Somebody's bringing a check? MR. McNEES: This is actually some grant paperwork that needs to be processed in order to receive the funds. COMMISSIONER CONSTANTINE: So that we can accept 49,000? Do you need to close the public hearing? CHAIRWOMAN MAC'KIE: That's not one. COMMISSIONER CONSTANTINE: Oh, great. I move the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Need to talk to us? MR. MIDDLEBROOK: Just need your signature, ma'am. CHAIRWOMAN MAC'KIE: For the record? MR. MIDDLEBROOK: Mark Middlebrook, senior deputy court administrator, 20th Judicial Circuit. CHAIRWOMAN MAC'KIE: Motion and a second. Discussion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 127 S£P 2 8 1999 Article V Trust Fund Grant-in-Aid Agreement for Collier County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the Twentieth Judicial Circuit (the "Grant Manager"). The parties agree that: mo The OSCA will pay the Grantee up to $49,204 as a grant-in-aid pursuant to Specific Appropriation 2124 of the 1999-00 General Appropriations Act and {}25.402, Florida Statutes, for costs incurred under Article V, Florida Constitution, in operating the state courts system. Grant funds will be paid out in 4 disbursements prior to July 31, 2000. Payments will be contingent upon sufficient County Article V Trust Fund collections. The Grantee has a population of 75,000 or greater, and will use grant monies provided under this Agreement in accordance with {}25.402(1)(d)(2), Florida Statutes, for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointment of special public defenders. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 30, 1999. The OSCA will disperse funds on or before November 1, 1999, February 1, 2000, May 1, 2000, and August 1, 2000. The Grantee, in consultation with the chief judge of the Twentieth Judicial Circuit, will submit a detailed, written plan for use of grant funds to the OSCA no later than September 30, 1999, for the OSCA's use in reporting to the Florida Legislature, The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of {}219.075, Florida Statutes. The Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. C. This Agreement is subject to the following terms and conditions: The Grantee will maintain proper documentation of all monies spent in a manner sufficient for proper pre- and post audit. The Grantee will maintain all expenditure records for a period of 4 years following the conclusion of this Agreement. The Grantee will maintain all records made or received in conjunction with ~his Agreement in accordance with the requirements of rule 2.051, Florida Rules of Judicial A'dministration, and Chapterl 19, Florida Statutes, as it may apply. 1 of 2 SEP 2 8 '1999 (For less than $25,000) On or before March 31, 2001, the Grantee will prepare a sworn statement attesting to the Grantee's compliance with the requirements of this Agreement. Grantee will submit copies of the statement to the OSCA and the Auditor General. The (For $25,000 to $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to § 11.45, Florida Statutes, or submit a statement prepared by an independent certified public accountant attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit to the OSCA and the Auditor General. (For more than $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to § 11.45, Florida Statutes. The Grantee will submit copies of the audit to the OSCA and the Auditor General. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 5 days written notice by certified mail. In the event of termination, the Grantee will. return to the OSCA all grant funds, except those expended in compliance with the Agreement, for reversion to the Article V Trust Fund un allocated. FLORIDA SUPREME COURT, OFFICE OF GRANTEE THE STATE COURTS ADMINISTRATOR Kenneth R. Palmer State Courts Administrator Date GRANT MANAGER The Honorable William Blackwell, Date Chief Judge T~ven tieth .I udicial Circuit Board of County Commi: Collier County · Al'rE ST: 3t'~ DWIGHT E. Approved ~s to form 2 September 28, 1999 Item #11A2 LEASE AGREEMENT WITH WILLIAM F. HINIKER AND CAROLE ANN HINIKER FOR USE BY THE SHERIFF'S OFFICE PUBLIC INFORMATION OFFICE - APPROVED Commissioner Constantine had moved 16(I) (6). COMMISSIONER CONSTANTINE: move the item. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes. Public comment on general topics. speakers? It's your one job, Mr. McNees. Do we have speakers? MR. McNEES: On? COMMISSIONER CONSTANTINE: General topic. COMMISSIONER BERRY: Just general. MR. McNEES: No, we have none. CHAIRWOMAN MAC'KIE: Thank you. My question's been answered. I'll Second. Discussion? All in favor, please say aye. Do we have registered Page 128 SEP 2 8 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 28, 1999 Item #12B1 PETITION R-99-7, TERRENCE KEPPLE OF KEPPLE ENGINEERING, INC. REPRESENTING WILLIAM MINNIELLI, REQUESTING A REZONE FROM "A" TO "RSF- 4" FOR 157 SINGLE FAMILY DWELLING UNITS FOR PROPERTY WEST OF SAN MARCOS BOULEVARD - CONTINUED INDEFINITELY We go to afternoon agenda. We have 12(B) (1). The rezone from A to RSF-4. Mr. Kepple. Will all persons wishing to be heard on this matter please stand and raise your right hand and be sworn by the court reporter? (Ail speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Disclosure from anybody? COMMISSIONER CONSTANTINE: I think I may have had some contact on COMMISSIONER NORRIS: I've had some contact on this. COMMISSIONER CARTER: I've had some contact. COMMISSIONER BERRY: As have I. CHAIRWOMAN MAC'KIE: Okay. Staff's presentation then. MS. MURRAY: Good afternoon. Susan Murray with the current planning services. The petitioner is requesting a rezoning from rural agriculture to RSF-4 to allow single-family residential development at a maximum density of four dwelling units per acre. And that would equate to a total of 157 dwelling units. The subject site is approximately 40 acres in area and is located west of the northern terminus of San Marcos Boulevard. The only access to the site is provided from San Marcos Boulevard via Owen Lane, which is an unimproved 60-foot right-of-way which runs east and west. A rezoning action to RSF-4 is consistent with the county's Growth Management Plan in that it is designated as urban residential in the future land use map. It is very important to note that properties south and east of the subject site are also designated urban residential, and although they are currently zoned estates, they are eligible to be rezoned a higher density also. The requested density -- COMMISSIONER CONSTANTINE: Quick question on that point. Particularly those to the east already have homes, or is there an area there that is vacant as well? MS. MURRAY: It's scattered development, depending on where you are. There's quite a bit of development up and down San Marcos, and those properties are zoned estates at the far end of the urban area. COMMISSIONER CONSTANTINE: So the FLU may consider that that could potential -- by and large, there are single-family homes already on estates-type lots back there. MS. MURRAY: That's correct. COMMISSIONER CONSTANTINE: Thank you. MS. MURRAY: The requested density is consistent with the density rating system which allows a maximum base density of four dwelling Page 129 September 28, 1999 units per acre. Additionally, neighboring projects have been approved at densities of 3.11 dwelling units an acre and four dwelling units per acre. COMMISSIONER CONSTANTINE: Those neighboring projects that have been approved have access from where? MS. MURRAY: From Radio Road. COMMISSIONER CONSTANTINE: Thank you. MS. MURRAY: Abutting properties are or will be developed for similar single-family development, as we discussed. San Marcos Boulevard is a local street which exists solely to provide access to all of those properties which abut it and including the subject property. However, current traffic volumes on this road consist of approximately 2,400 trips per day, and by definition place it as a minor collector street. So we have a local road with 2,400 trips a day, which is defined by our Land Development Code as a minor collector. A rezoning action to RSF-4 will generate approximately 1,570 additional trips, which in staff's opinion will create an unreasonable traffic burden on a local road, adversely affecting traffic movement and flow and potentially causing adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard. It is staff's opinion that traffic significantly in excess of existing levels is undesirable and could be deemed detrimental to the health, safety and welfare of the general public. COMMISSIONER CONSTANTINE: Just so I heard those numbers correctly, that would be roughly a 60 percent increase in traffic? MS. MURRAY: That's correct. Alternative means of access could be accomplished by providing an interconnection from the site to the Briarwood PUD which abuts the site to the west and south. The petitioner could also agree to construct a bridge over the Golden Gate Canal at 66th Street or 68th Street. The Board of County Commissioners may want to look at the feasibility of designating San Marcos Boulevard as a two-lane or more collector facility with a link to Golden Gate Parkway. If the developer was to construct that bridge, you would automatically create a link from Golden Gate Parkway to Radio Road. COMMISSIONER CONSTANTINE: Then we wouldn't have to build Livingston. MS. MURRAY: Yeah. CHAIRWOMAN MAC'KIE: The connection to Briarwood that you mentioned, does that -- do we have a right-of-way there? I mean, can we require that, or would it require the Briarwood owners to -- MS. MURRAY: It would require an agreement between property owners, because those are private streets. CHAIRWOMAN MAC'KIE: Oh, like they'd take their gated community and open it up. MS. MURRAY: Correct. Or possibly just encompass the subject property, which would also be an option, but again requires agreement Page 130 September 28, 1999 between property owners. It's staff's opinion that undesirable traffic levels on San Marcos Boulevard resulting from the rezoning could be mitigated somewhat by placing a phasing requirement on the development on the site and other conditions. And specifically those conditions were enumerated in your staff report, but I'll reiterate the ones that I'm referring to that refer to traffic. And that would be that no more than 100 individual single-family lots, providing for a maximum of 100 dwelling units, shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted after a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable county land development codes. Additionally, it's staff's recommendation that prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis, consistent with the Highway Capacity Manual standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Marcos Boulevard. If in the opinion of the transportation services director the result of the analysis reveals the need for intersection improvements, that the petitioner would be solely responsible for the required improvements, including but not limited to signalization and geometric improvements to this intersection. And those improvements would be made prior to final subdivision plat approval. Third, in relationship to the road, that Owen Road shall be improved to all applicable county land development codes and roadway standards prior to the issuance of any certificates of occupancy for any development on the subject property. Owen Road is currently a lime rock unimproved road. And fourth, that the design of the subdivision should establish an interconnection with the Briarwood PUD to the south. Those were staff's recommendations. And I do believe that the petitioner is in agreement with those. I want to read into the record the Planning Commission's vote and recommendations, because they were significantly different. The Planning Commission voted 6 to 0 to approve the petition, subject to the following conditions: The subject site shall be rezoned to the RSF-4 zoning district with a maximum permitted density of one dwelling unit per one and a quarter acres, which equates to .8 dwelling units per acre. COMMISSIONER NORRIS: Question. MS. MURRAY: Yes. COMMISSIONER NORRIS: Why would you go RSF-4 instead of estates? Can you not go that small in estates and still call it estates? MS. MURRAY: Correct. Two and a quarter acres is the minimum for estates. COMMISSIONER CONSTANTINE: Read how that was worded again? MS. MURRAY: The subject site shall be rezoned to the RSF-4 Page 131 September 28, 1999 zoning district with a maximum permitted density of one dwelling unit per one and a quarter acres. And then -- COMMISSIONER NORRIS: That's 32 units. MS. MURRAY: -- I will tell you that that equates to .8. COMMISSIONER NORRIS: 32 units. COMMISSIONER CONSTANTINE: Is that 40? MS. MURRAY: I'm sorry. COMMISSIONER NORRIS: 30 acres at one and a quarter. COMMISSIONER CONSTANTINE: Oh, at one and a quarter, I'm sorry. I misunderstood what she said. MS. MURRAY: That equates to .8 dwelling units per acre. They did not feel the need for the intersection analysis that staff recommended previously, that I just read to you. They did agree that Owen Road shall be improved to all applicable county land development codes and roadway standards, and that the design of the subdivision should establish an interconnection with the abutting Briarwood PUD. I also did receive a petition from a number of residents in the area. Their concerns were over compatibility and increased levels of traffic. And you should have received a copy of those petitions in your -- CHAIRWOMAN MAC'KIE: We did, thank you. MS. MURRAY: -- report. Other than that, I'd be happy to answer any more questions that you may have. CHAIRWOMAN MAC'KIE: Questions, board members? Staff? COMMISSIONER NORRIS: Public speakers? CHAIRWOMAN MAC'KIE: Can we hear from our speakers? MR. McNEES: You have four public speakers. The first is Stephen Crawford, who will be followed by Karolyn Kremer. CHAIRWOMAN MAC'KIE: Has Mr. Kepple -- is Mr. Crawford and Mr. Kepple the same? Because we should hear from the petitioner. MR. CRAWFORD: No. CHAIRWOMAN MAC'KIE: Let's hear, if we could, please, from the petitioner first. MR. KEPPLE: Thank you. For the record, Terrance Kepple, Kepple Engineering, representing the petitioner, William Minnielli, this afternoon. I'll do a short presentation here. There is one other consultant working with the owner that would like to say a couple of things also after I'm done. We are requesting a straight rezoning to RSF-4. The parcel is of a size and location that it did not make sense to try and do any kind of mixed use in there or anything of that to go to a PUD and those types of uses. Trying to keep it in character with the neighborhood of single-family uses that we're coming through up San Marcos Boulevard. The zoning is basically compatible with the adjacent zoning of Briarwood to the west and to the south of the property. To the north across Golden Gate Estates -- excuse me, to the north across Golden Page 132 September 28, 1999 Gate Canal is estates zoning. Of course it's separated by the Golden Gate Canal and therefore isn't directly adjacent to the property, per se. And to the east is also zoned estates property. And as Ms. Murray mentioned, it could be rezoned to different densities in the future. COMMISSIONER CONSTANTINE: And as Commissioner Constantine mentioned, there are existing single-family homes on those estate lots. MR. KEPPLE: There are some single-family homes, there are some vacant properties. There was a conditional use for a church approved several years ago. One property was rezoned -- I think it's RSF-2 or 3. COMMISSIONER CONSTANTINE: My point is just that we don't have a big chunk of 40 or 50 acres back there that's sitting wide open, waiting for someone to come in and rezone. We've got a scatter of people who are actually living in their homes. MR. KEPPLE: I believe that's correct. I haven't done a -- to check all the property owners and see that they're all separately owned, but I presume that's correct. But most of them are two and a half or five-acre tracts. Access to this site is obtain Marcos Boulevard off of Radio Road. As you enter off of Radio Road, you go through a mobile home park; I believe it's Southwind Mobile Home Park. There's approximately 320 to 350 dwelling units in there with approximately eight dwelling units an acre in that location for the first third or quarter of a mile up San Marco Boulevard. COMMISSIONER CONSTANTINE: How far is it from Radio Road to Owen? MR. KEPPLE: Three-quarters of a mile, roughly, almost a mile. COMMISSIONER CONSTANTINE: And the Southwinds fronts Radio Road? MR. KEPPLE: Looks like a quarter of a mile; the south quarter mile of San Marcos is fronted by Southwinds. COMMISSIONER CONSTANTINE: Thank you. MR. KEPPLE: As Ms. Murray mentioned, that most of the neighbors have been concerned about the additional traffic on the property, and I believe that was part of the Planning Commission's concern and why they came up with their recommendation. We have taken a look at this since that time and have had a chance to talk to the owner who was not available at that meeting. The Planning Commission did ask us to make a suggestion for some reduction in density, which we were not able to do that day. We've taken a look at it. To extend the water and sewer lines of course to the property, whether it's developed at one unit an acre or four units an acre, the extension of water and sewer is still the same amount of money. Right now we do not have a connection to Briarwood, although they are required in their PUD to provide that connection at some point. There is not one existing and no knowledge of when one will be available. So we would right now have to extend water and sewer up San Marcos Boulevard, which we would rather not do if we could help it. We'd rather connect to Briarwood PUD when it's available. So looking at densities and traffic, in talking to the owner we Page 133 September 28, 1999 have come up with a suggestion of limiting a maximum of 140 units of which is three and a half units per acre on this project. That would make good development that could still be developed with the RSF-4 zoning, and would help alleviate some of the traffic concerns that staff and neighborhood have had. I've reviewed the staff's stipulations. Don't have any problems with them. I guess the one question still remains on actually the secondary access. Briarwood, at this point, there has been some conversation with the developer of Briarwood for a secondary connection, but there's no agreements or anything at this time, and they are not required to provide access to this property. It is possible to go across the canal and some of those other options. Of course those are costly options. And whether we would get -- have concerns from the estates owners on the north side of the canal at that time also. CHAIRWOMAN MAC'KIE: So there probably is unsupportive (sic) of a bridge into the estates as people in Briarwood are of a connection into their neighborhood. MR. KEPPLE: I would imagine so. COMMISSIONER CONSTANTINE: Well, a couple important points as you look at the map. Can you put the larger map you had on there? I don't know that -- and I don't know that they haven't either. But I don't think this has been discussed with the residents of Briarwood. I know you've tried to talk to Mr. Spinelli. That's still a developer owned parcel. But if you look at the Box A is where there -- is there any more to that? Just adjacent to the west or to the left of that is Briarwood undeveloped. And so if Mr. Spinelli is interested, there's an option of either running an easement along the canal, or there are certainly a number of options of how to do that, without interfering with the existing neighborhood whatsoever, so -- CHAIRWOFLAN MAC'KIE: That could be worked out without causing the disruption of the gated community. COMMISSIONER NORRIS: I have a question -- CHAIRWOMAN MAC'KIE: Mr. Norris. COMMISSIONER NORRIS: -- for Mr. Kepple. Mr. Kepple, if this board should decide to follow the recommendation of the Planning Commission and offer rezone of RSF-4 with one unit per one and a quarter acres, would your client want to accept that or to withdraw the petition? MR. KEPPLE: It's my understanding he would not develop and could not afford to develop it at that density. COMMISSIONER NORRIS: Yeah, but -- okay. Well, do you want to rezone it that way anyway, or would you just withdraw the petition? MR. KEPPLE: If you give me a minute, let me discuss it with the other consultant and see what his thoughts are on it. CHAIRWOMAN MAC'KIE: Maybe we could hear from the other consultant at this point. Is that all right? Hear from the other consultant for the -- Page 134 September 28, 1999 COMMISSIONER NORRIS: Sure. CHAIRWOMAN MAC'KIE: Because it sounds like he might could answer this question. MR. KEPPLE: The only other comment I might have, Ms. Murray mentioned a connection to Briarwood to the south. I believe it would have to be to the west of this project rather than to the south. To the south is all platted single-family lots already. CHAIRWOMAN MAC'KIE: Great. Okay. Who was the other consultant you had? MR. KEPPLE: Ron Rice. CHAIRWOMAN MAC'KIE: I didn't make a disclosure earlier, but I did meet with Mr. Rice on this, and I understood you to be the property owner instead of a consultant. MR. RICE: No, I'm a consultant for Mr. Minnielli, who is from Cincinnati. And we have essentially a very interesting problem here in that we are landlocked by Briarwood and the Golden Gate Canal. So our only means of ingress and egress is down San Marcos Boulevard. That's our only way of ingress and egress. I have personally, as well as Mr. Minnielli had meetings with Mr. Spinelli, and he has no interested whatsoever in attempting to either buy our property or allow us any ingress and egress. And that's point blank. CHAIRWOMAN MAC'KIE: Even along the canal, as Commissioner Constantine was describing? MR. RICE: That's an interesting thought. But we didn't discuss that. That's an interesting thought. Let me also point out that bridging the canal, which I'm sure you folks know by now, is a very expensive procedure. And we just have a new group of people who wouldn't like what we were doing. CHAIRWOMAN MAC'KIE: That's a bad idea. MR. RICE: In any event, we think, or I think very seriously, that we would have a great opportunity here to develop some lots which would be close in, so to speak. Our target, our market target, really are the working community people here in Naples. You know, the people who build our homes, put the roofs on our homes, the plumbers and the guys who clean our pools, a place for them to live which is not halfway to Broward County. We think that there's a great opportunity and we would like to fill that void. We do think that it's awkward in the sense that per Susan Murray, we abut up to high density communities on both sides of us, right against us. At the mouth of San Marcos Boulevard, you have 320 -- at least 320 mobile home units, and there's nothing wrong with that, all of those folks are -- deserve to live in that community. For those folks and for other folks that come and say that we would heavily impact San Marcos Boulevard is fine, but I think that what that would do is take away an opportunity for us to provide the kind of housing I just mentioned. Finally, let me say this: If we were -- and I would submit that any of you would -- it wouldn't take a rocket scientist to know that for us to put sewer and water into fully improved Owens Lane for 28 Page 135 September 28, 1999 lots is, you know, that's not even probable. I'm open to any questions, if you have any. CHAIRWOMAN MAC'KIE: Questions for the speaker? If not, we'll go to our registered public speakers. MR. McNEES: Stephen Crawford will be followed by Karolyn Kremer. MR. CRAWFORD: My name is Stephen Crawford. I'm an attorney. My offices are in Bonita Springs, Florida. And I'm representing Debbie Merritt, who is one of the estate lot owners. And she will be surprised to learn -- she was surprised to learn today that she lives on Owens Lane. I think the characterization of Owens Lane as being a gravel road is a substantial overstatement. In fact, the county doesn't have title to the property, it ends at my client's property, and she has no desire whatsoever to give up her property. If you want to condemn it, that will be a different story. But at this point she opposes this proposal and wants to stay in the estates zone and not be burdened with 157,000 cars coming by her front door. Thank you. CHAIRWOMAN MAC'KIE: Can I get somebody to show me where Owen Road or Owen dirt road is? COMMISSIONER NORRIS: Right here. CHAIRWOMAN MAC'KIE: That's the T coming across? Oh, I see it there. And I'd like to know where your client's property is, Steve? Where does the right-of-way officially end? MR. CRAWFORD: Officially, I'm not sure. I went out there and looked at it. And when it gets to her property, it -- you do a left and go up her driveway to her garage, and the rest of it is all just the way the Indians left it, I guess, pretty much. CHAIRWOMAN MAC'KIE: Is she the one on the canal or is she the one -- MR. CRAWFORD: And there are fences around it. What? CHAIRWOMAN MAC'KIE: Does her property back up to the canal or is it the other way? MR. CRAWFORD: No, she's on the other side, on the south side. Right there, that's it. COMMISSIONER NORRIS: That's it right there? CHAIRWOMAN MAC'KIE: And she would say her address is what? MR. CRAWFORD: Well, the post office tells her her address is 1458 San Marcos Boulevard. And her mailbox and those of I guess her neighbors are all out on that street. There's no delivery on Owen Lane. COMMISSIONER CONSTANTINE: Which would further the argument that that is probably not a public roadway back there. COMMISSIONER NORRIS: Do we not even know? MS. MURRAY: I have -- the petitioner provided me evidence of a dedication of a 60-foot strip of land which was dedicated in 1966 to the public for road purposes. I spoke with Ed Kant. He said that the county was not maintaining that road and was not even aware as to whether or not we had acce')ted it. But it is a recorded document that says 60 foot. Page 136 September 28, 1999 CHAIRWOMAN MAC'KIE: What Mr. Crawford said is -- MR. CRAWFORD: My client has a deed, Madam Chairman, to the property which makes no reference to this. Now, I have not done a complete title search. And as has been told you, there was a dedication in 1966 by people out there for road purposes. It's obviously never been accepted; nothing's ever been done to improve it except the gravel that they put on there themselves. And in fact, when my client purchased the property, she was made to sign an agreement acknowledging that there was a private road and she would contribute toward putting the gravel in it. COMMISSIONER CONSTANTINE: Well, while it was dedicated sometime before my second birthday, that doesn't mean that it was necessarily accepted. We had Mr. Arnold in here a few weeks ago saying how he had tried to turn things over to the county, but the county had never accepted them. So this wouldn't be any -- MS. MURRAY: Well, to further add to the confusion, that dedication included San Marcos Road, which is an improved, county-maintained public road. So somewhere along the line Owen Road was either left out of the acceptance and just not maintained or what. But that includes San Marcos Road, which is maintained by the county and is public. MR. CRAWFORD: I do have a title insurance policy that doesn't show any right-of-way. CHAIRWOMAN MAC'KIE: Is that right? No exception for that. MR. CRAWFORD: No exception at all. CHAIRWOMAN MAC'KIE: Interesting. Okay, our next speaker? MR. RICE: May I speak for a second? CHAIRWOMAN MAC'KIE: Actually, I'll have to get you to wait, because we'll ask you questions if we have them at the end, but we'll go through our public speakers at this point. MR. McNEES: Karolyn Kremer will be followed by Dan Payne. CHAIRWOMAN MAC'KIE: Do we have other registered speakers? MR. McNEES: One more. Steve Payne. MS. KREMER: Hi, my name's Karolyn Kremer and I'm a property owner. My address is 1444 San Marcos Boulevard, which is the left corner by the canal. The far left, right next to the designated area. And our address is 1444 San Marcos Boulevard. CHAIRWOMAN MAC'KIE: You're the across the street neighborhood -- MS. KREMER: Yes. CHAIRWOMAN MAC'KIE: -- of Mr. Crawford's client? MS. KREMER: Yes. And I purposely bought that property to build a beautiful house and raise my children. It is estate, which is what -- the reason I bought it. As we all know, it's hard to find land where you can have a nice yard for your children to play in. I presently live in Southwinds Mobile Village. I know you've heard of it. And he is correct, there are over 300 homes in this small vicinity on the both sides of San Marcos Boulevard road. And it is right there at the intersection of Radio and San Marcos. You see Page 137 September 28, 1999 children riding up and down the street all the time on bicycles. There's no sidewalk. In fact, San Marcos Boulevard could really be redone. That road is not really up to standards either. I'm trying to think. I'm a little nervous, I'm sorry. CHAIRWOMAN MAC'KIE: That's okay. MS. KREMER: I thank you for the opportunity to speak, though. Let's see. Oh, and I know you had heard about how there possibly would be some intersection lights going in? I really feel that that would definitely be necessary, especially if you were to approve this four home in one acre, which I think is way over. I think one home estate would be really nice. We've got a lot of community now. I mean, on Radio Road you've got -- I lost my notes, I'm sorry. CHAIRWOMAN MAC'KIE: That's okay. COMMISSIONER NORRIS: Well, if you think you're nervous, you ought to be up here. MS. KREMER: You've got Briarwood, you've got Foxwood, you've got Maplewood, you've got Leawood. All this is already there, been developed. Mr. Minnielli purchased this land supposedly 20 years ago. It was, A, agriculture when he purchased it. If he had intentions of doing something like this, maybe he should have purchased land in another area. That was my suggestion. Otherwise, you know, put in some nice homes in that area and let's try to keep that area a very nice, clean, safe place for our children to grow up. And that's about all I have to say. Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you very much. We appreciate your comments. MR. McNEES: Dan Payne, to be followed by Steve Payne. MR. DAN PAYNE: Hi, I'm Dan Payne. I also own the same piece of property that Karolyn was telling you about. We're together. First off, like I said, the safety of the children. There's no place for you. You hear that over and over. They can't handle it. There's just not enough room for them. The traffic flow needs to have another avenue in and out of this new development before they build the first house. I would appreciate that. Because it may never get developed if they let the 100 come in. We bought the property for the peace and quiet. We like the idea of having a big yard, not a lot of traffic in front of our house, which we have now, we're trying to get away from. Briarwood and Maplewood, they all use Radio Road, which it's hard for them to get in and out. But it's not going to be as much -- it's already hard to get off of San Marcos. If you put another 2,000 trips on that road, or whatever the number they say, pizza deliveries, it's going to be a madhouse out there. There's a Circle K right across from San Marcos. I don't know if you're going to make them all go left or right. What you going to do with 'em? And there's one other thing. I had a couple of petitions signed, and I assume you got both of them. COMMISSIONER NORRIS: Yeah, we got those. MR. DAN PAYNE: And I've talked to -- I've probably got like 40 names on there. And if you were to rezone this property for this Page 138 September 28, 1999 gentleman, most of them would like to rezone theirs and have interest in tearing their house down and selling four an acre. They own five, there's probably 400 acres out there. So they should consider everybody, the small people; not the out-of-town developers making a lot of money at our expense. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. McNEES: Final speaker is Steve Payne. MR. STEVE PAYNE: Good afternoon. Hi, I'm Steve Payne. CHAIRWOMAN MAC'KIE: Afternoon. MR. STEVE PAYNE: For the record, I don't know if you don't want to make it my record or not, but anyways, Owens Lane, there again, this is the first time I heard it was in front of the planning division -- and my address is 1441 San Marcos. I have a lot next to him, my brother. And I first want to thank all of you commissioners for your quick response. I wrote you and faxed you letters all within the first of the month and you responded back to me very promptly. I appreciate it. Susan Murray has been very helpful on any questions I may have. I thank you also. And I hope you all got copies. My brother, he got most of the signatures. I was quite busy doing it all. He did it. That's how people feel about it. That's where we want to stay out there. We want to keep it small, keep it quiet. You know, even if they are to give them some kind of a RS-2, that's up to you. That's what your decision is, that's why you're in that spot up there. I hope any of you may have had a chance to visit the location so you'd be kind of familiar with -- I know that you're quite busy. Tim, I think you were probably in that area looking around. You know what we're up against out there. And it's also my understanding that they're talking about the utilities would be brought in through Briarwood. Well, that's fine. And the gentleman mentioned earlier about bringing the utilities through San Marcos. Well, we got all the utilities down there we need. We're set, okay? We don't need no utilities. I don't object to the gentleman wanting to develop his property. That's all fine. And I wouldn't want to be the one to hold him back from that. I'd just like for him not to go through my front yard to get to it. As you can see on the map there, it didn't come out too well as far as 66 or 68th is situated. But if you look on the map, 68th Avenue, like you say, you're going to have a war on your hands going that way also. But that gives the gentleman direct access into his property. Dumps right out in the middle of his development. And then they could, you know, come out and do whatever he wanted to do with it out there. No matter how you decide to zone this thing, we'd appreciate it if you would make all your road improvements and things before you let him rezone this, before he starts building a house. Because we do all have children out there. Page 139 September 28, 1999 I've got a house. The roof went on yesterday, as a matter of fact. And when I bought the property, the county was not going to let me develop it, because they said it had not been split up prior to 1974. So there again, we went through and researched it and found it had been split up into an acre and a quarter, so that was kind of grandfathered in. I was told I wouldn't be able to build if that was not the situation. So that gentleman has other -- he should be thinking about that, we should all think about that. I've got to admit, this has been some experience to spend the whole day with you folks. I've heard about you on the radio. Agreed, I could make a better living out what I do, but it has been an experience, and I'm knowledgeable of things, and you guys do earn your bucks, okay? Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you very much. Are there other registered speakers? COMMISSIONER NORRIS: I asked Mr. Kepple. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: I still need an answer to the question that The other consultant was Mr. Little? We need an answer to that. Mr. Rice? Mr. Rice, thank you. Mr. Rice, there's a question for you, if you'd come up, please. MR. RICE: Sure. COMMISSIONER NORRIS: Just asking the question to be prepared in the eventuality that this board follows the recommendation of the Planning Commission and offers the rezoning of RSF-4 with one unit per one and a quarter acres. Do you want to take that zoning or do you want to withdraw the petition? CHAIRWOMAN MAC'KIE: Before you answer that, Mr. Weigel, is there a limitation on when he could come back in for another rezoning? I mean, I know it's not our job to do his legal work, but -- MR. WEIGEL: No, I think it's six months. CHAIRWOMAN MAC'KIE: So -- MR. RICE: I need to ask you a question to answer your question. COMMISSIONER NORRIS: Okay. MR. RICE: Are you saying that if we don't accept the Planning Commission's 28 units or whatever it is -- COMMISSIONER NORRIS: 32. MR. RICE: -- 32, and you approved that and we choose not to withdraw -- COMMISSIONER NORRIS: Then you're stuck with it. MR. RICE: -- then we're stuck for six months? CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER NORRIS: No, no -- yeah, well, you can come in and -- you're stuck with that zoning. You could come back in in six months, but that's no guarantee you'd get it rezoned to anything else. MR. RICE: Well, I understand that. COMMISSIONER CONSTANTINE: I think his suggestion is rather than take that decision and have that decision be final, one option for you if you don't like where that's headed and you need time to go look at Page 140 September 28, 1999 what your other options might be, sometimes people have -- in this case it looks like the owner has owned the property for a long time anyway. But someone may have a contract pending or whatever. We allow the opportunity for you to withdraw the petition and no action would be taken. Obviously you'd still have your old estates zoning, but you'd have a six-month window to try to figure out what your other options are. COMMISSIONER NORRIS: No, they're agriculture. CHAIRWOMAN MAC'KIE: Ag. COMMISSIONER CONSTANTINE: I'm sorry, ag. MR. RICE: I've been here all day, too. I've heard you ask a number of questions and I guess I'm where you were some time ago. I don't get it. COMMISSIONER CARTER: It says that you can keep your current zoning of ag. and withdraw, go back and talk with your client about -- it looks like all they're going to approve is one and a quarter acres or 34 dwellings. MR. RICE: Okay. COMMISSIONER CARTER: If you don't like that idea -- well, if you like that idea, then you would proceed, because the Planning Commission's recommendations and our own staff may indicate that that's where this is headed. And that's your choice. You can withdraw and go back and think about it or you can proceed and end up with only 34 units for the project, and then you'd have to wait six months to come back and see if you could get it appealed and rezoned MR. RICE: What you're sort of telling me is that without taking a vote, you're going to go approve the Planning Commission. Is that what I'm hearing? CHAIRWOMAN MAC'KIE: If I were you, I'd draw that -- you know, you need to draw that conclusion for yourself. MR. RICE: Okay. CHAIRWOMAN MAC'KIE: But I support the Planning Commission's recommendation, because I think the density's inappropriate, as I've looked at the traffic issues. So it sounds like Commissioner Constantine -- MR. RICE: That's okay. Then I have no choice other than to withdraw it. CHAIRWOMAN MAC'KIE: That's what -- COMMISSIONER CONSTANTINE: You do have a choice, but you just may not -- MR. RICE: Yeah, but it's -- you know. COMMISSIONER CARTER: You may not like the outcome if you stay in the game at this point. MS. MURRAY: Is there an option to continue? I mean, he may want to consult with the property owner and come back, and then he could always withdraw before the following hearing, if you set to a date certain. COMMISSIONER NORRIS: Let me ask -- MS. MURRAY: Just an option. Page 141 September 28, 1999 COMMISSIONER NORRIS: -- one other question now. If there were access along the canal to the west, that would hook up in a short stretch there with the future Livingston Road; is that correct? You may a different situation at that point. COMMISSIONER CONSTANTINE: Let me hit the highlights of the issue for me and I know for some of the folks out there. There was -- for anybody who lives on San Marcos or back in that area there, I would say, was a reasonable expectation when you bought or built in there to expect there would be no traffic. It's dead-end back there. You're kind of set on your own. Ms. Kremer said, you know, you've got kids back there. It's the ideal setting. You've got a big area, no traffic. We heard there's roughly 2,500 cars, 2,400 cars a day use that. But I'll bet the vast majority of those are in the first quarter mile where the trailer park is. I bet when you get back by your properties, there's maybe 100 trips a day, if you come and go. So the addition of 1,500 cars daily is a dramatic impact and something that fair, reasonable expectation would not have anticipated. I think the access issue is the one that deals -- for compatibility purposes, you are compatible with Briarwood, your request, if you have access from a major thoroughfare like Livingston or Radio. Because all the other ones that Steve, that you mentioned, Maplewood, Briarwood and so on, they all have access off a major roadway, not through an estates zoned neighborhood. So for me anyway, that's one of the distinct differences. So if you can work something out along that canal over to Livingston, maybe this is workable, because it is compatible to the south and what the future intended use in Briarwood is to the west. But the access issue down San Marcos just is not doing it for me. I don't think it's viable. And the one gentleman said, we have to take care of existing homes over -- existing homeowners and residents over out-of-town developers. And I don't think you'll find anybody's going to argue with that. MR. RICE: Just a general reply to you. It costs -- the cost today to improve land is about $60,000 an acre. That's two and a half million dollars. And I know that's not your problem, that's not their problem, but that tells you that you can't very well afford to go forward with 28 single-family lots or 32 or whatever it was. COMMISSIONER CONSTANTINE: I don't know, I've got two and a half acres, and it's nowhere near that for me. CHAIRWOMAN MAC'KIE: So maybe what you would want to consider is to request a continuance so that you can negotiate the potential access along the canal, because otherwise it looks like you don't have the votes and you would have to start over in the process. MR. RICE: Then I request a continuance, if I may. CHAIRWOMAN MAC'KIE: Mr. Weigel? MR. WEIGEL: Well, I think the options then are to continue for a date certain, potentially four weeks from today, or you could continue indefinitely, which would -- is different than a withdrawal. The item is still alive but would need to be re-advertised to be brought back. Page 142 September 28, 1999 CHAIRWOMAN MAC'KIE: That's what I think is appropriate, a re-advertisement so people in the neighborhood know. COMMISSIONER NORRIS: Well, we'd have to have a Mannielli/Spinelli accord before we're going anywhere with this. COMMISSIONER CONSTANTINE: And that would -- the re-ad would be at the -- Mr. Weigel? The re-advertisement would be at the petitioner's expense, not at the public's expense, correct? MR. WEIGEL: That's correct. He's requesting the continuance. CHAIRWOMAN MAC'KIE: So a request for a continuance, do we vote on that, Mr. Weigel? MR. WEIGEL: Yes, you do. COMMISSIONER NORRIS: Yes, after you close it. CHAIRWOMAN MAC'KIE: Okay, anything else? COMMISSIONER CONSTANTINE: And just for those who live in the area, with the clear -- it sounded like all five were saying we don't have any interest in, if the access is through here, of approving this. So I don't want the neighborhood to worry when this comes back that suddenly that is going to go the other way. I didn't hear any commissioner supporting that. COMMISSIONER BERRY: No. COMMISSIONER CONSTANTINE: What we're trying to do is give them the opportunity, if they can get access through Briarwood, then great. CHAIRWOMAN MAC'KIE: So I'll close the public hearing. Is there a motion? COMMISSIONER CONSTANTINE: Motion to grant the indefinite continuance and let them deal with their issues as necessary. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #15A DISCUSSION RE DATE OF HALLOWEEN OBSERVANCE AND HOURS FOR TRICK OR TREATING TO BE DETERMINED BY SHERIFF'S OFFICE And now we're done except for communication. Do we have staff communication items? MR. McNEES: I have no communication, no, ma'am. CHAIRWOMAN MAC'KIE: communication? Commissioner Berry? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Board of County Commissioners, any No. Commissioner Norris? No. Commissioner Carter? No. Commissioner Constantine? Page 143 September 28, 1999 COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: And I have -- I have one. I just have to -- it's the most interesting question I've gotten so far as the Chair of the County Commission, and that is, who decides what day do kids trick or treat? Because Halloween falls on a Sunday. COMMISSIONER NORRIS: That always -- every year we allow the chairman of the County Commission to -- CHAIRWOMAN MAC'KIE: I don't think so. But I do seem to recall that the county manager used to do that, so -- COMMISSIONER NORRIS: Tom Olliff said he was going to do it. MS. FILSON: Actually, a long time ago the Board of County Commissioners used to do it and then they designated it to Neal. And then I think they designated it to the Sheriff's Department. CHAIRWOMAN MAC'KIE: Well, it was the sheriff who called and asked the question. MS. FILSON: We haven't done it for so many years. CHAIRWOMAN MAC'KIE: So we've gone in a big 'ol circle. Is it okay with the board if we ask the county administrator to make a decision and then an announcement in that regard? MR. McNEES: I have spoken to the county administrator on this issue. I'm compelled to say that he's indicated he doesn't feel like it's appropriate for him to designate Halloween, that it should probably be the Sheriff's office. COMMISSIONER CONSTANTINE: Call me crazy, but when I was a kid we celebrated Halloween on Halloween. CHAIRWOMAN MAC'KIE: Well, but Sunday night is a school night. COMMISSIONER CONSTANTINE: Yeah, but how late do you go out? I don't know, are you trick or treating at 11:00 at night? We used to do it at 6:00 or 7:00 and you went home. COMMISSIONER BERRY: And besides, I believe that that is the weekend that daylight savings ends, so technically it's going to be darker sooner. CHAIRWOMAN MAC'KIE: So shall we communicate to the Sheriff that we would appreciate his designating the official trick or treat time? COMMISSIONER CONSTANTINE: Sure. COMMISSIONER NORRIS: Sure. CHAIRWOMAN MAC'KIE: All right. Anything else? COMMISSIONER CARTER: Could be Halloween eve, like Saturday night. COMMISSIONER NORRIS: I hate that switching our clocks back on daylight saying's time, back and forth like that. It messes up my chickens -- COMMISSIONER CONSTANTINE: Oh, yeah, I agree with you. COMMISSIONER NORRIS: -- and they never can lay right. Item #15B NO MEETING SCHEDULED FOR DECEMBER 28, 1999 COMMISSIONER CONSTANTINE: One point. I apologize. This was Page 144 September 28, 1999 just to clarify for our staff. We don't traditionally meet between Christmas and New Year's. There is a meeting scheduled for December 28th this year. And they're just looking for direction from us that we'll keep our holiday tradition, since most people are actually celebrating the holidays then, and not meet that day. COMMISSIONER NORRIS: We'll be skiing in Banff. CHAIRWOMAN MAC'KIE: Must be nice. We'll be here. COMMISSIONER CONSTANTINE: I'll be here in Collier. But is ~- am I correct in assuming nobody anticipated a meeting December 28th? COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: will be it. CHAIRWOMAN MAC'KIE: No. I think we -- Never occurred to me. -- have a meeting on the 14th and then that Okay. We' re adjourned. ***** Commissioner Norris moved, seconded by Commissioner Berry and carried 4/0 (Commissioner Constantine out), that the following items under the Consent and Summary Agendas be approved and/or adopted~ ***** Item #16A1 INTERIM POLICY TO REGULATE COMMERCIAL EXCAVATIONS IN GOLDEN GATE ESTATES AND DIRECT STAFF TO INCORPORATE THIS POLICY INTO AN AMENDMENT TO THE LAND DEVELOPMENT CODE Item #16A2 - CONTINUED INDEFINITELY Item #16A3 AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC. (EDC) FOR FY 1999-00 TO EXECUTE CONTINUATION OF THE ECONOMIC DIVERSIFICATON PROGRAM; AND PROVIDE A CONTRIBUTION TO THE EDC OF UP TO $250,000 Page 145 SEP 2 8 1999 AGREEMENT THIS AGREEMENT is entered into this ~_~_.day of ~ 1999, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the Economic Development Council of Collier County, Inc. a Florida not-for-profit corporation, hereinafter referred to as the "EDC". WITNESSETH Whereas, the Legislature of the State of Florida, Enterprise Florida and the County determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159. Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this contract in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC, is a private not-for-profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are'not performed by the County and which are essential to successful business diversification in Collier County; and WHEREAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate information of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintain, ing certain confidentiality in the business diversification and development process; and WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the performance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and SEP 2 8 1999 WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversification; and WHEREAS, the business community in Collier County annually pays approximately $450,000.00 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's fiscal Year 1999/2000(October 1, 1999 - September 30, 2000), the sum of Two Hundred Fifty Thousand and 00/100 ($250,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ARTICLE 1 The County hereby grants to the EDC up to $250,000.00 for the term of the Agreement for the EDC's business diversification and development activities, conducted in cooperation with the County, as described in the Summary Budget attached hereto as Exhibit "A'. The EDC shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of the EDC. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of $250,000 during the term of this Agreement. The EDC shall, within 30 days following the 18t~ bi-monthly installment, (to be interpreted as the 9th month) certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. The EDC shall on behalf of the County: ao Establish and maintain staff to process, investigate and review business candidates of firms which will retain, expand and/or create high wage jobs in Collier County. Provide business promotion collateral materials and business assistance services to business candidates. Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A". Furnish the County Administrator with a quarterly narrative progress report on the program and activities described in Summary Budget attached hereto as Exhibit "A". Such reports will contain S£P 2 8 1999 basic statistical information relevant to the economic diversification public/private partnership program and a statement of expenditures made in each budget category and line items identified in the Summary Budget attached hereto as Exhibit "A". Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October 1 through September 30, and will be due on November 15, of each year. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC-and inventoried at least annually. Upon the expiration of the useful life of such equipment or upon the expiration of the aforementioned Agreement, whichever comes first, such equipment will become the property of the County or disposed of as authorized in writing by the County. The EDC shall purchase property insurance coverage to insure all real and personal property covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. ARTICLE 3 The term of this Agreement shall be for a period of one (1) year to begin October 1, 1999 and end on September 30, 2000, unless earlier terminated in accordance with paragraph 2 below. Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other of its intention to terminate. In the event of termination, the County shall pay for services and costs incurred, prior to the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date of termination, the EDC shall remit to the County all of such excess portions. 3. After termination, and except as otherwise directed, the EDC shall: Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. Co Terminate all orders and subcontracts to the extent that they relate to performance of work which was terminated. do Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if any, without reimbursement for services rendered in completing said reports beyond the termination date. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior to the expiration of the Agreement, as necessitated by the County budget process. However, the County is under no obligation to renew such Agreement. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. SEP 2 8 1999 Ao The parties deem the services to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC attempts to assign any rights or duties without prior written permission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire term of this Agreement. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conditions and provisions as the County may deem necessary; provided however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDCof such articles, supplies, equipment, and services which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence of any obligation of the County by any actions of the EDC. To the fullest extent permitted by law, the EDC will indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. The EDC is hereby declared by the parties to be an independent contractor for the performance of the economic diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. ARTICLE 6 The County shall render payments bi-monthly (to be interpreted as twice a month), commencing October 1, 1999 through September 30, 2000. The EDC shall keep orderly and complete records of its £mancial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to tl~ee (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private parmership for economic diversification. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. The provisions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. SEP 2 8 1999 All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Greg Mihalic Director of Housing and Urban Improvement Collier County 2800 North Horseshoe Drive Naples, FL 34104 And if sent to the EDC Shall be addressed to: Susan Pareigis Executive Director Economic Development Council of Collier County, Inc. 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 ARTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to the original of this Agreement. ARTICLE 10 The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 11 As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: Collier County, Florida Board of County Commissioners l/Pamela S. Mac'Kie, Chairwom~ SEP 2 8 1999 N'ame (Printed) EDC: Economic Development Council of Collier County, Inc. [~. ED~f Directors APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney 6 d SEP 2 8 1999 Economic Diversification 1999 -2000 PERSONNEL Salaries Includes salaries, taxes & benefits 215,700.00 MARKETING Collateral Materials To include, but not limited to: Demographic Profile Demo Resources Pack Pgrms & Services Brochure Hi Tech Recruitment Campaign 29,800.00 EQUIPMENT PURCHASES 4,500.00 TOTAL 250,000.00 September 28, 1999 Item #16A4 FINAL PLAT OF .ISLA DEL SOL. LOCATED OFF RT. 41 BETWEEN ISLE OF CAPRI RD. AND SAN MARCO RD., WITH PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 146 Document Prepared By: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 SEP 2 $1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEM~ENTO PR~IOR TO RECORDING OF PLAT AGREEMENT entered into this __ ~? day of ~~'~ . 1999 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Isla del Sol at Fiddler's Creek" Division 3.2 of the Collier County Land Development Code allows 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 convenient and agree as follows: Developer ~vill cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit"A") and by reference made a part of in the amount of $512,110.50 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. o In the event of default by the Developer or failure of the Developer to complete such improvement within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. SEP 2 8 t999 The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in wiring 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's approval of the improvements. However, in no event shall the Developer 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. 4 The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. o Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion bythe Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the an~ount of the subdivision performance security for the improvements completed as of the date of the request. o In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any SEP 2 8 1999 damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and Developer have caused this ,Agreement to be executed by their duly authorized representatives this ~.5F day of ~_~rvxk:w.,~', 1999. ! Signed. Sealed and Delivered in the presence of: (Printed or Typed Name) (Printed or Typed Name) 951 Land Holdings Joint Venture LTD BY: OulfB/gy 100, . By It~General Partnerff BY: Parcel Z, Inc. ~' BY: ,Attest: , :.,,, '.Dwight E.. Brock, Clerk · . ,~.'.. · ~..~ -:..:kA~est;.,as:.%o Chatmn's , '~?:,Abp~bed'~ to fo~ ~d leg~ su~ciency: David C. We~gel Collier County Attorney Board of County Commissioners of Collier Co. ff~ty, Florida .... , / Chairperson WANDA/FIDDLEi~/IgLA/AOR-3UB.IM P (12/14/99) S£P 2 8 1999 (Isla del Sol) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 (hereinafter referred to as "Owner") and GREENWICH INSURANCE COMPANY 160 Water St. 16th Fl. New York, NY 10038 Bond #35000058 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Five Hundred Twelve Thousand One Hundred Ten and 50/100 Dollars ($512,110.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Isla del Sol Village and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter"Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended amomaticaiiy and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The tem~ "Amendment," whenever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. ~x h.,t,,t- A Page 1 of~ S£P 2 8 t999 IN WITNESS WHEREOI~, the parties h~h~'eto_]~_ve caused this PERFORMANCE BOND to be _ 1999. executed this /,.~_,~.6.'&L day of ._~/~Z?~e~,2,~i? , PRINCIPAL: WITNESSES: PrintName D · Saltares Pdnt Name K, Mitsui 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership By: GULF BAY 100, LTD, a Florida Limited Partnership, a Partner By: GULF BAY 100, Inc., a Florida Corporation, its General Partner, on behalf of the partnership and itself BY: ' An~i~ue~l~~s President and By: By: PARCEL Z, INC., a Florida corporation, a partner ]~2C~vik[j~ally PrintnamJ~e ~k:,e...v'c,,d O. ¥~OCt2.,,t'~, SURETY: GREENWICH INSURANCE COMPANY Dated: Name: Scott Adams Title: Attorney-in-Fact Page 2 of~, $£P 2 8 1999 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before this/~ day of ' '~~~- 1999, by Aubrey J. Ferrao, President of GULF BAY 100, Inc. , a ¥1orida -corporation, partner of Gulf Bay 100, Ltd., a partner of 951 Land Holdings Joint Venture. partnership. He is personally lmown to me and did not take an oath. NOTARy PUBUC . STATE OF FLORIOA I~NE C. MATIRE CO~IMIB,~ # CC826939 !t ...... EXPIRES 6,'20t2003 ur~uEO THRU ASA 14M4~OT~y~ Notary Public Commission No. My Commission Expires: (SEAL) general JOHN A.' MAI:IAtA' Notary Public, State of ,~,I~,,v Yor~ No. 02MAS0295bt_ . Qua lied in Westchester L;ounty Commission Exp res Juno 20, 200{3 COUNTY OF NEW YORK ~ j The foregoing instrument was acknowledgec~before this % day of ~-~(% 1999, by ....... · .......... ~, ~,r~ ~n~x~ ~ o- b-~aFof'he-o--or-tion a partner of 951 Land Hold~ngs JoSnt Venture. identification and did not take an oath. Pfi~ Name: Nota~ Public Commission No. My Commission Expires: (SEAL) STATE OF NEW YORK COUNTY OF NEW YORK On this 7-'4?~ day of ~~c-X'L_ ,1999, before me personally came SCOTT ADAMS, who is known to me, or who has produced a driver's license (# ~t:l-"l/(ac/t/Z?'O? GoC ) as identification, who being duly sworn by me did depose and say that he resides in bd-~' , that he is Attomey-inoFact of Greenwich Insurance Company, the corporation described in and which executed this instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that the liabilities of said Company do not exceed its assets and ascertained in the manner provided in Section 183 of the Insurance L~hapter 33 of the Consolidated Laws of the State of New York. F:\US ERS\WANDA\FI DDLERS\ISLA\PERFORM.BND Page 3 of ~ INSURANCE Co' GREENWICH MPANY No/ '. · SE:P 2 8 teee ~ . :: ~:.:~:~ :: : POWER OF ATrORNEY: Connmlcut, ~ has made,-constHuted and appointS, and by~e~ ~resents d~s make constit~e and appoint Scott ~a~, C~arles P. ~oran, &reran ~. Moran' i~ true and ~ul Aflamey(s)-in-~. at .... , ........................ iff t~ ~te of ............................ and each of them to have full power to act w~out ~8 o~er or : .. o~e~, lo make, execu~ and de!Nor on::~ ~h~, as Sur~ or Co~ure~ bond~ and unde~aUnOs ~n:for ~.:a~. ~1! ~u~es, also to exec~8 and deliver on ~s behalf as aforesaid renewals,... : :: e~ensiens; agr~nts, ~, con~ents ~ stipulations relaflno to ~chbonds er:u~klngs provid~ h~ec ~at n~ Siye bond or unde~i~ ~0 mede :~ecut~ a~d:delive~d sha~,Obll~te~:~:~ ~:~ Su~ ~fld~ ~¢~k q~d ~ when du~ exec~e~ by sa d A.orney(s)-I.~a~ sba lbo b~dl~ upon the Co~Dlion as fully and lo'lh8 ~me ede~t al ] ~j ned by ~e ~res d~ of ~ RESOLVE~at ~n or. no powers of aflorney pu~uant to ce~m resolutmns adopted by the 8o~d of Di~o~ of ~e Co~omion M a meeting du~ called and held on March 11, :; :' : ]9~:the ~U~e~ Such dire~ors'and office~ and the seal of the Co~o~tion ~y be a~d toan~ such ~we~ o~ aflorney or a~ ce~ifl~ate relad~ thereto b~ ~imile, and any: ,: : : such p~ed~Taflorney or ce~cate bearing such facsimile ~ignature or seal sha~ ~ Valid and blndi~ upO~ ~ COlOrlon in ~e future ~ ~espe~ tO any bo~d ¢'unde~nO t~::'" :';:; :;: ~is~ower of Agorney~J expire and all au~ori~ here~r shall resinate without notice at mldnlOM (Standard ~me ~em said Aflomey(s)-in-Fact ~ authorized to a~), :. 197. .... al Greenwich ~nne~icut ~e ~~ an~ ~!ch~ec~~ ~e above in~rumenl; ~q (s)h~ ~o~ ~! s~al of ~d co~o~0n; ~at t~!:!pal ~flxed to ~ld in~rumefi! Is suc~ cor~[at~ u~; th~ ii was so ~ffixed .... COUN~ OF FAIRFIELD .Assistant Secretary a c~ifOrnB corpo~/iQn (the "Cor~mti~"), hereby ................. ":: ~ :: ~ :: ';' ' the ~ ~ ...... ....... of GREENW CH ~SURAN~ COMP~Y,: !. That the original p~er o! aHa[ney of which the foregoing is a copy was du~ executed on behalf gl ~e Co~ora~on and has not since been re~ked, amendN or modified; lhal l~ unde~ioned has : ~ompar~ the::foregoi~ copy ~r~l ~th ~e' Original power of aao~, and ~lHhe sam,:is ~ true'and ebr~ ~bpy:~f i~::b~01na power of a~o~ey and glib8 w~le l~eof ~; :::' :: 2. The f ~e ~'~ ~ich Were adopted by the Board of Directo~ of the Corporation al a meetin0 duly cared a~ held on June ? 1999; ~icS.~ut~nShave :not sln~ ~:re~e~:~ GREENWICH INSURANCE COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 1998 SEP 2 8 1999 Assets: Investments Bonds $32,520,945 Short-term investments 100,000 Liabilities: Loss and loss adjustment expenses $11,043,765 Unearned premiums 7,602,025 Funds held under reinsurance treaties 1,903,321 Other liabilities 4,461,522 Total Invested Assets 32,620,945 Total Liabilities 25,010,633 Cash 10,248,734 Capital and Surplus: Agents balances or Capital slock 3,558,100 uncollecled premium 1,033,938 Funds held by or deposited with reinsurance companies Reinsurance recoverable on loss and loss adj. expense payments Accrued interest and dividends 3,616,384 Paid-in surplus 21,915,853 Unassigned surplus 722,066 1,582,134 718,029 Total Capital and Surplus 26,196,019 Other admitted assets 1,386,488 . . $51~206,652 Total Admitted Assets Total Liabilities, Capital and Surplus $51 206,65,2 I, John B. Wong, Vice President and Controller of Greenwich Insurance Company, (the "Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Slatutory Statement of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 1998, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department o! the State of California. The foregoing statement should not be taken as a complete statement of financial condition of Ihe Corporation. Such a statement is available upon written request at the Corporation's principal office located at One Greenwich Plaza, Greenwich, Connecticut 06836. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation at Greenwich. Connecticut. September 28, 1999 Item #16A5 BUDGET AMENDMENT RECOGNIZING GRANT REVENUE FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED PROGRAM Item #16B1 RESOLUTION #99-374 APPOINTING AND AUTHORIZING THE PUBLIC WORKS ADMINISTRATOR, THE TRANSPORTATION DIRECTOR, THE STORMWATER MANAGEMENT DIRECTOR AND THE PUBLIC WORKS ENGINEERING DIRECTOR TO EXECUTE GRANT, AND PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS Page 147 RESOLUTION NO. 99- 374 SEP 2 8 t999 A RESOLUTION APPOINTING AND AUTHORIZING THE PUBLIC WORKS ADMINISTRATOR, THE TRANSPORTATION DIRECTOR, THE STORMWATER MANAGEMENT DIRECTOR, AND THE PUBLIC WORKS ENGINEERING DIRECTOR TO EXECUTE GRANT, AND PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO THE CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners of Collier County has a need for Public Works activities throughout the County which require application for grants and permits through local, state, and federal agencies; and WHEREAS, it is the intention of said Board to make applications and submit documents to local, state, and federal agencies; and WHEREAS, in order to expedite processing, it is necessary to officially appoint and have of record County officials authorized to execute grant, and permit applications on behalf of the Board to various agencies including the following: Florida Department of Transportation Florida Department of Environmental Protection U.S. Army Corps of Engineers U.S. Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management District Federal Environmental Protection Agency NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Public Works Administrator, the Transportation Director, the Stormwater Management Director, and the Public Works Engineering Director are hereby appointed and authorized to execute the documents aforesaid for and behalf of Collier County. 2. Resolution No. 86-30 is hereby repealed and superseded by this ResOlution. THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY VOTE FAVORING ADOPTION. DATE: ~~ ATTEST: i~i;~D. ~X~IG~T~E, BROCK, CLERK :.'~.;;.' '~,;,~'~ Clerk Approved. as to fern ~d ,legal sufficiency. ] Hddi F. Xihton Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:P~OMAN September 28, 1999 Item #16B2 LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES AIRPORT AUTHORITY CONCERNING THE SOLID WASTE TRANSFER SITE Page 148 LEASE AGREEMENT Lease #250 SEP 2 8 1999 THIS LEASE AGREEMENT, entered into this 28th. day of September , 1999, by and between 'the City of Naples Airport Authority, hereinafter referred to as LESSOR, whose address is 160 Aviation Drive North, Naples, Florida 34104 and Collier County, a political subdivision of the State of Florida, hereinafter referred to as LESSEE, whose address is 3301 East Tamiami Trail, Naples, Florida 34112. WITNESSETH THAT, for and in consideration of the covenants herein contained, LESSOR does hereby lease to LESSEE and LESSEE does hereby lease from LESSOR, those certain "Demised Premises" as shown on Exhibit "A", attached hereto and made a part hereof, within the Naples Municipal Airport, Naples, Florida, hereinafter referred to as "Airport". ARTICLE 1. DEMISED PREMISES LESSEE agrees that it will use the Demised Premises for the sole purpose of operating a trash transfer station. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right to LESSEE within the meaning of Section 308 of the Federal Aviation Act. Further, nothing in this paragraph shall be construed per se to allow LESSEE to conduct any aeronautical activities other than those specified in the paragraph above, or those specified in any agreement hereinafter entered into between LESSOR and LESSEE. LESSEE further agrees that it will not use, nor permit the Demised Premises to be used, for any unlawful purpose, for any purpose that would unreasonably cause an increase in the rate of insurance on the Demised Premises, nor for any purpose which would disturb nearby properties or lessees of the Airport. LESSEE shall not allow the Demised Premises, or any improvement thereon, to remain vacant or unoccupied for a period often (10) or more consecutive days. If LESSOR should require use of the Demised Premises for road expansion at any time during the term of this Lease or any renewals thereto, LESSOR shall provide LESSEE with property equal to that which is used for road expansion in an area immediately to the south of the Demised Premises, hereinafter referred to as the "Revised Demised Premises". LESSOR agrees to clear, level and limerock the new area to be used by LESSEE. Upon acceptance of the Revised Demised Premises by LESSEE, LESSOR shall provide LESSEE with an Exhibit to be attached to this Lease entitled, "Revised Demised Premises" for future reference. ARTICLE 2. LEASE TERM To have an hold for a term of one (1) year, commencing on September 29, 1999 and terminating on September 28, 2000, unless said term shall be sooner terminated as hereinafter provided. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of one (1) year each, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice, of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. LESSEE and/or LESSOR shall have the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to the address set forth in Article 33 of this Lease,, Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. ' ART;,CLE 3. RATES. FEES AND CHARGES 1999 LESSEE hereby covenants and agrees to pay for the Demised Premises the sum of One Thousand Eight Hundred Sixty-five Dollars and Sixty Cents ($1,865.60) monthly all in advance on the first day of every calendar month during the term hereof. In the event LESSEE fails to pay the rentals, fees or charges as required to be paid under the provisions of this Lease within thirty (30) days after the same shall become due, interest at one percent (1%) per month shall accrue against the delinquent payment(s) until the same are paid. Implementation of this provision shall not preclude the LESSOR from terminating this Lease for default in the payment of rentals, fees or charges, or from enforcing any other provisions contained herein. Should an extension of the Lease be granted for additional terms, commencing on the expiration date of this Lease, the annual rental payable by LESSEE as provided in Section 3 shall be subject to increase as of October 1 of each year for the ensuing year of the Lease. The then current annual rental shall be increased by an amount not to exceed the percentage of increase in the Consumer Price Index during the preceding year. For the purpose of this Lease, the Consumer Price Index is the Consumer Price Index for all urban consumers, U.S. city average, using an index for the month of August. The rental payable by LESSEE to LESSOR hereunder shall be paid at the office of the City of Naples Airport Authority at 160 Aviation Drive North, Naples, Florida 34104. ARTICLE 4. SECURITY DEPOSIT Not applicable and deleted. ARTICLE 5. FLOWAGE FEE Not applicable and deleted. (applies to tenants dispensing fuel) ARTICLE 6. SERVICE. UTILITIES. TAXES LESSOR will not furnish the Demised Premises with trash dumpster service or the services of a night security force. LESSEE agrees to pay all charges for gas, electricity, or other utilities and services used at the Demised Premises. If at any time during which this Lease is in effect, the Demised Premises, leasehold interest, or rental payments become subject to any federal, state or local tax, property, sales, excise or otherwise, LESSEE agrees to assume the payment of such taxes and shall include such payments with the rental payments required hereunder; provided, however, that LESSEE shall in no circumstances be obligated to pay any taxes based on the net income of LESSOR. ARTICLE 7. NON-DISCRIMINATION LESSEE, in exercising any rights or privileges herein granted to it, shall not, on the grounds of race, color, creed, or national origin, discriminate against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the United States Secretary of Transportation. LESSOR is hereby granted the right to take such actions, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. ARTICLE 8. AFFIRMATIVE ACTION LESSEE assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded form participating in any employment, contracting or leasing activities covered in 14 CFR Part 152, Subpart E. The LESSEE assures that no person shall be excluded, on theses grounds, from participating in or receiving the services of any program or activity covered by this Subpart. SEP 2 8 1999 The LESSEE agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, State or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar n~echanism. The LESSEE agrees that State or Local affirmative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR, part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. ARTICLE 9. CONDITION OF THE DEMISED PREMISES LESSEE has examined and knows the condition of the Demised Premises, has received the same "as is," and acknowledges that no representations as to the condition thereof have been made by LESSOR prior to or at the execution of this Lease. LESSOR shall not be liable for damages or loss suffered by LESSEE'S business, or for injuries to persons or property occasioned by bursting, overflowing, or leaking of water sewer or steam pipes, or fi'om heating, air conditions or plumbing fixtures, or from electric wires, or from water leaks of any kind. ARTICLE 10. ALTERATIONS. ADDITIONS AND IMPROVEMENTS LESSEE shall not make any alterations, additions or improvements, or engage in any construction of the Demised Premises, without the prior written consent of LESSOR. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSOR agrees that any alterations, additions and improvements made to the Demised Premises during the term hereof, shall be the property of the LESSEE, and LESSEE shall remove all improvements from the Demised Premises, upon the expiration of the term hereof. In the event LESSEE fails to remove any improvements by the expiration of the Lease, LESSEE shall continue to pay full rent to LESSOR until said improvements are removed. LESSOR shall have the option, after expiration of the Lease, or removing any improvements and charging the cost of removal to LESSEE. ARTICLE 11. REPAIR AND MAINTENANCE OF THE DEMISED PREMISES LESSEE shall keep and maintain the Demised Premises in good order and repair throughout the term of this Lease, and shall make all necessary repairs thereto, including, without limitation, all non-structure repairs, including, without limitation repairs to fixtures, facilities and equipment, and further shall replace all broken glass with glass of the same size and quality as that broken. In the event LESSEE fails to undertake the repairs required hereunder, LESSOR in addition to the other remedies provided herein, shall have the right to make such repairs, at LESSEE'S cost and expense. LESSEE shall keep the Demised Premises and improvements in a clean and healthful condition according to all applicable governmental statutes, rules, ordinances and regulations, LESSOR'S rules and regulations, and any direction of duly authorized public officers during the term of this Lease, all at LESSEE'S cost and expense. Upon the termination of this Lease or any renewals thereof, in anyway, LESSEE shall yield up the Demised Premises to LESSOR in good order and repair, loss by fire, and ordinary wear and tear excepted, and will deliver the keys to said Demised Premises to LESSOR at its offices described above. ARTICLE 12. RId-LES AND REGULATIONS LESSEE hereby agrees to comply with (i) LESSOR'S Rules and Regulations for the Airport, on file in the office of the Executive Director of the Airport, and made a part hereof, as such regulations may be amended from time to time by LESSOR in its sole discretion or by the Executive Director as he or she may be authorized, and (ii) LESSOR'S Leasing Standards and Requirements f6r the Airport, also on file in the office of the Executive Director of the Airport, and made part hereof, as said Standards and Requirements may be amended from time to time by LESSOR in its sole discretion. LESSEE also shall comply with any and all applicable governmental statutes, rules, orders and regulations. LESSEE further agrees that it will not allow any signs, cards or placards to be posted or placed on the Demised Premises except signs identifying LESSEE and its business and the use of said Demised Premises and appropriate directional signs necessary and appropriate for the conduct of LESSEE'S business approved by the Executive Director through the LESSOR. ARTICLE 13. SIGNS $£P 2 8 1999 All signs and/or other advertising to be placed on or in the vicinity of the Demised Premises by LESSEE shall have prior approval by LESSOR through the Executive Director, and shall be in conformance with Ordinances of the City o[ Naples, Florida, and shall not extend above or beyond the extension of the walls and ceilings of the Demised Premises. Upon expiration of this Lease, LESSEE shall remove all signs and/or advertising at the directi,)n of LESSOR. ARTICLE 14. FLAMMABLI:~ MATERIALS There shall not be allowcd, kept or used on the Demised Premises any flammable or explosive liquids or materials except such as may be necessary tbr use in the business of LESSEE, in which event any such substances shall be delivered in amount, and stored and used, as approved by LESSOR in accordance with the rules of the Florida Inspection and Rating Bureau and all other applicable statutes, ordinances, rules, regulations and statutes in forcc and effect during the term of this Lease. ARTICLE 15. ASSIGNMENT AND LEASEHOLD IMPROVEMENTS LESSEE shall not assign this Lease, nor sublet the Demised Premises, or any part hereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations thereon, or additions thereto without written consent of LESSOR. Such consent shall not be unreasonably withheld. It is further understood and agreed that LESSOR is in no way responsible to reimburse LESSEE for its investment in structures, fixtures and equipment on the Demised Premises. LESSEE further agrees that upon the expiration of this Lease, LESSEE shall remove any and all structures and fixtures, unless LESSOR agrees to accept same, and deliver up the Demised Premises to LESSOR peaceable, quietly and in good order and condition, reasonable wear and tear excepted. ARTICLE 16. DISCHARGE O.F LIENS In the event of the filing of any mechanic's lien or materialsmen's lien or liens, or any other charge whatsoever against the Demiscd Premises or an improvement thereof during the term of this Lease, (or any extension thereof), LESSEE ilmnediately shall take all necessary steps to secure the release of same. In the event LESSEE fails to take reasonable steps to secure the release of any such liens or charges, LESSOR upon ten (10) days prior written notice to LESSEE, shall have the right and privilege of taking the necessary steps, including payment, to secure the release of any such lien or charge, and any amount so paid by LESSOR including reasonable expense and costs (including attorneys' fees), shall be added to the rental due hereunder from LESSEE to LESSOR and shall be paid by LESSEE to LESSOR immediately upon receipt by LESSEE from LESSOR of any itemized statement thereof. ARTICLE 17. INDEMNIFICATION Not applicable and deleted. ARTICLE 18. INSURANCE REQUIREMENTS LESSEE agrees to secure and maintain in force and effect Workers Compensation Insurance as required by the State of Florida and shall maintain insurance throughout the terms of this Lease against claims for personal injury or property damage under a policy of general liability insurance in amounts of not less than $100,000.00 for bodily injury or death per individual, $200,000.00 aggregate bodily injury or death coverage per incident, and $100,000.00 for property damage. Proof of such insurance coverage shall be made in writing to AUTHORITY prior to execution of this Lease. Insurance shall be non-cancelable except upon fifteen (15) days prior written notice to LESSOR. Said insurance policy or policies providing such coverage, as well as the insurers providing same, shall be subject to the prior review and approval of LESSOR. Said proof of insurance shall include a statement by the insurer, or its agent, that LESSOR will receive any and all notices of any riders, waivers, exclusion, renewals or termination of coverage. Upon receipt of any notice of impairment or reduction in coverage of such insurance, notwithstanding anything herein to the contrary, LESSOR has the right to temfinate this Lease and require the removal of LESSEE and all its belongings within ten (10) days of such termination. ARTICLE 19. ACCESS TO THE DEMISED PREMISES SEP 2 8 199§ LESSEE agrees to allow LESSOR'S Executive Director, or other duly authorized representative or agents of the LESSOR, access at all reasonable times to the Demised Premises for the purpose of examining or inspecting same. ARTICLE 20. SURRENDER-DAMAGES LESSEE, at the termination of this Lease by lapse of time or otherwise, will yield up immediate possession of the Demised Premises to LESSOR, and failing to do so will pay as rental to LESSOR for the entire time such possession is withheld, the sum of Ten Dollars ($10.00) plus one thirtieth of the monthly rental in effect at the time of said termination, per day; provided that the provisions of this clause shall not be deemed a waiver by LESSOR of any right of re-entry as herein provided, nor shall the receipt of said rent, or any part thereof, or any other act in apparent affirmation of tenancy, by LESSOR, operate as waiver of any right or remedy available to LESSOR hereunder for a breach of any of the covenants herein contained. Upon the expiration of the term hereof, LESSEE, also shall remove its personal property and equipment from the Demised Premises, and LESSEE shall be liable and pay for any damage caused to the Demised Premises, or any other property of LESSOR, as result of such removal. ARTICLE 21. DEFAULT-TERMINATION In the event of default by LESSEE, in the payment of the rental herein provided for on the day same becomes due or payable, and such default continues for ten (10) days, or in the event of any default by LESSEE with respect to any other covenant or obligation of LESSEE hereunder, then in any or either of such events, LESSOR at its election, at or after the expiration of ten (10) days pervious notice in writing, may declare a forfeiture and termination of this Lease, and at that time, all rent due or to become due under the then existing term of this Lease shall become immediately due and payable. In addition, LESSOR may re-enter said Demised Premises, with or without process of law and, if necessary, remove LESSEE or any persons occupying said Demised Premises under LESSEE, without prejudice to any remedies which might otherwise be used for arrears or rent. LESSEE hereby waives any demand for possession of the Demised Premises and any structure or improvement then situated thereon, and agrees that upon termination at such election of LESSOR, LESSEE will surrender and deliver the Demised Premises immediately. If, due to the actions or policies of LESSOR, its successors or assigns, LESSEE'S use of the Demised Premises as described and authorized hereinabove, shall be prevented or suspended for a period of more than thirty (30) consecutive days, LESSEE, at its option, upon the expiration o'f ten (10) days previous notice in writing to LESSOR, may declare the term hereof or any extension thereof ended, and LESSEE shall no longer be responsible for rental accruing after said termination. LESSOR further shall have the right to terminate this Lease in the event of the occurrence of any of the following: insolvency of LESSEE; liquidation or dissolution of LESSEE; the institution of a voluntary or involuntary bankruptcy proceeding by or against LESSEE; assignment by LESSEE for the benefit of creditors; or the appointment of a receiver or trustee to manage the property of LESSEE. ARTICLE 22. DESTRUCTION OF THE DEMISED PREMISES In the event that the Demised Premises or the improvements located thereon shall be destroyed in whole or in substantial part by fire, or other casualty, LESSEE, at its option, may terminate this Lease or, at its cost and expense, may repair or reconstruct said Demised Premises or improvements within ninety (90) days. In the event that the Demised Premises or improvements are wholly destroyed, and LESSOR elects to repair same, the rental hereunder shall abate during the period of said repair. In the event that same are destroyed in substantial part, and LESSOR elects to repair same, then rent hereunder shall continue to be paid, pro rata, during the period of said repair, based upon that portion of the Demised Premises which remains tenantable. ARTICLE 23. AIRPORT DEVELOPMENT LESSOR reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of LESSEE, and without interference or hindrance. ARTICLE 24. ATTORNEYS' FEES SE[~ 2 8 1999 LESSEE agrees to pay the cost of collection and attorneys' fees on any part of said rental that may be collected by suit or by attorneys, after the same is thirty (30) days past due. LESSEE also agrees to pay any attorneys' fees necessitated by the enforcement of any provision herein contained. LESSOR shall pay any attorneys fees and costs incurred by LESSEE arising out of this Agreement should LESSEE prevail in a court of competent jurisdiction. ARTICLE 25. PRIVATE MAINTENANCE AND SERVICE Not applicable and deleted. (Applies to tenants with aircraft) ARTICLE 26. EXCLUSIVE RIGHT Not applicable and deleted. ARTICLE 27. OBLIGATION TO BUILD Not applicable and deleted. ARTICLE 28. VESTING Not applicable and deleted. ARTICLE 29. AUTHORIZATION The entering into and execution of this Lease has been duly authorized and approved by LESSEE'S Board of Commissioners and the person executing this Lease on behalf of LESSEE has been duly authorized to do so. ARTICLE 30. GOVERNING LAW This Lease shall be governed by and interpreted according to the laws of the State of Florida. ARTICLE 31. BINDING EFFECT This Lease shall be binding upon, and inure to the benefit of the parties hereto and their successor and assigns. ARTICLE 32. REMEDIES CUMULATIVE-NO WAIVER The rights and remedies granted to LESSOR hereunder shall be deemed to be cumulative and non- exclusive. ARTICLE 33. NOTICES Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners Real Property Management Department 3301 East Tamiami Trail, Administration Building Naples, Florida 34112 cc: Director, Solid Waste Department LESSOR: Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, Florida 34104 $£P 2 8 1999 ARTICLE 34. SEVERABILITY In the event any provision of this Lease is determined to be unenforceable, such provision shall be considered separate and severable from the remaining provision of this Lease, which shall remain enforced and be binding as though such unenforceable provision had not been included. ARTICLE 35. ENTIRE LEASE AGREEMENT This Lease constitutes the entire agreement between the parties hereto, supersedes any and all prior written or oral agreements or understandings, and may be modified only in writing and executed by the parties hereto. ARTICLE 36. DOMINANT AGREEMENTS The parties hereto expressly understand that this Lease is subordinate and subject to all existing agreements between LESSOR and the Federal Aviation Administration or between LESSOR and the State of Florida. ARTICLE 37. FLIGHT OPERATIONS LESSOR reserves unto itself, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Demised Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aimraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Airport. ARTICLE 38. AIRCRAFT HAZARDS The LESSEE expressly agrees for itself, its successor and assigns, to prevent any use of the herein described real property which would interfere with or be a hazard to the flight of aircraft over the property to and from the Airport. ARTICLE 39. AIRPORT OPERATIONS LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. ARTICLE 40. OBSTRUCTIONS LESSEE expressly agrees for itself, its successor and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Demised Premises to such height as to comply with Federal Aviation Regulations, Part 77. ARTICLE 41. CONDEMNATION LESSOR shall not cause or encourage the condemnation of the Demised Premises or the Airport. If, at any time during the term of this Lease, title to the whole or substantially all of the Demised Premises shall be taken in condemnation proceedings or by any right of eminent domain, this L~a~, shall terminate and expire on the date of such taking and the fixed rental and other charges payable hereunder shall be apportioned and paid to the date of such taking. For purposes of this paragraph, "substantially all of the Demised Premises" shall be deemed to have been taken if the untaken portion of the Demised Premises cannot be practically and economically used or converted for use by LESSEE for the purpose permitted by this Lease. ARTI6LE 42. HEADINGS SEP 2 8 1999 The section HEADING is included for reference purposes only and shall be employed to interpret or to construe this Lease. ARTICLE 43. RADON GAS In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. In WITNESS WHEREOF, the parties have caused this Lease to be executed by their appropriate officials, the day and year first above written. As to the LESSOR: DATED: WITNESSES: Signature Print or type name CITY OF NAPLES AIRPORT AUTHORITY BY: LEONARD H. THORNTON, Chairman Signature Print or type name As to the LESSEE: DATED: ATTEST: DWlC, tlq'r~ BROCK, Clerk ~: ~".': .' .. ,7,-; · 7'. '- ':. , Deputy Clerk · ;...-,.,.;~.,,, · · , ,?' ,: . Approved as to fo~ ~d legal sHf~Giehcyl Heidi F. Ashton Assist~t CounW Attorney BOARD OF COUNTY coMMIssIONERS, COLLIER COUNTY, FLORIDA BY: PAMELA S MAC'KIE, Chairwoman Approved as to form and legal sufficiency: Frank Kowalski, Jr., Naples Airport Authority Counsel SEP 2 8 1999 Z GVO~J .L ~OdHl'v' II1 ,00'09L ~ ,,~Z-ff,c~[.00 N J ,00'091, Z Z Z ~ 0 0 Z z 0 CD Ld 0 0 September 28, 1999 Item #16B3 BID #99-2967 AWARDED TO DOUGLAS N. HIGGINS,INC. IN THE AMOUNT OF $928,750 TO CONSTRUCT MASTER PUMP STATION 1.02 FOR THE WASTEWATER DEPARTMENT Item #16B4 BID #99-2970 AWARDED TO VARIOUS VENDORS AS LISTED IN THE EXECUTIVE SUMMARY FOR "CHEMICALS FOR UTILITIES" FOR FY 1999-00 Item #16B5 WORK ORDER #JEN-FT-99-1 WITH JENKINS & CHARLAND, INC. AND WORK ORDER #PHA-FT-99-3 WITH PITMAN-HARTENSTEIN & ASSOCIATES, INC. FOR THE DESIGN OF THE PROPOSED PALM RIVER BOULEVARD BRIDGE REPLACEMENT & UTILITY RELOCATION, PROJECT #69133 Page 149 - S EP 2 8 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 28, 1999 Item #16B6 BID #99-2983 AWARDED TO BETTER ROADS,INC. FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT IMMOKALEE ROAD AND WILSON BOULEVARD IN THE AMOUNT OF $440,512.54, PROJECT #66065A Item #16B7 GRANT APPLICATIONS FOR TOURIST DEVELOPMENT - CATEGORY "A" FUNDING IN THE AMOUNT OF $6,257,531.00 Page 150 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 28, 1999 Item #16B8 DEFERRAL OF THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL AND ROADWAY INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF VANDERBILT DRIVE AT 111Ta. AVENUE/BLUEBILL AVENUE Item #16B9 - MOVED TO ITEM #8B6 Item #16B10 BID #99-2974 .TRAFFIC SIGN MATERIALS. AWARDED TO MUNICIPAL SUPPLY AND SIGN COMPANY IN THE ESTIMATED AMOUNT OF $88,000 Item #16Bll INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES Page 151 Updated 1996 $£P 2 8 ]999 FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/PUBLIC WORKS AGREEMENT This agreement made and entered into this 1st day of Jury 1999, by and between the State of Florida Department of Corrections' institution/facility, lienCZ /#. Camp , hereinafter referred to as Corrections, and c.c.a..u.p.hereinafter referred to as the Agency, is done so in accordance with Chapter s. 946.40 F.S., and Rules of the Department of Corrections, Chapter s. 33-3.003, F.A.C., inmate Work Program and s. 33-3.017, F.A.C., Use of Inmates in Public Works The duration of this agreement is from o7/ol/9eloo613oloo mo/dy/yr mo/dy/yr Work performed under this local agreement is determined to be value added or cost Savings as defined in the Community Work Squad Manual. Value Added X Cost Savings Corrections agrees to provide for those items so indicated with a check (,/') to the I¢.,¢t of each' appropriate number. All other items are to be marked "N/A" to the left of the number. 1. Screen the inmates for the work to be performed to provide a reasonabla basis to believe that none present a danger to property or persons. 2. Provide up to o8 inmates' each workday for the period of the a~reement. Medium custody ( ): minimum custody ( ): both 3. Provide ~ vehicles and ~ Correctional Officers each workday to transport inmates assigned to the Agency and to provide supervision as agreed herein. 4. Provide food and drinks for inmate lunches. 5. Be responsible for the apprehension of an escapee and handling of problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disrupJon in the work schedule. x x Be responsible for administering all disciplinary action taken against an ~nmate for infractions committed while under the supervision of the Agency. Provide for medical treatment for ill or injured inmates and transportati¢.n of such inmates. 24 SEP 8 1999 Updated 1996 Inmate Labor Agreement Page 2 HIA 8. Conduct a background check, which includes a criminal history check, Snd obtain approval by the institution/facility Superintendent or designee prior to ;-uthodzing Non-Corrections personnel to participate in training to supervise inmates. Provide orientation and training to non-Corrections personnel approved to supervise inmates prior to their assuming supervisory responsibility of an inmate squad. Training will be in accordance with Corrections' guidelines for non-. corrections personnel supervising offenders. Provide refresher training each successive training year. N/A 10. Notify the Agency in the event one of their employees fails to provide proper supervision of inmates. x 11. Provide inmates with all personal items of clothing appropriate for the season of the year. X 12. Provide' inmates for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or the Department determines that a squad should not check out. x 13. Other (attached additional page if necessary). II. The Agency agrees to provide for those items so indicated with a check to the left of each appropriate number, All other items are to be marked "N/A" to the left of the number. x Provide Corrections with a schedule of hours which inmates will be Worked in' accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule must be reported to an agreed to by Corrections. Provide supervision of inmates in accord with Department of Corrections Rules and Regulations. Non-Corrections personnel may supervise minimum and medium custody inmates. Each such person must have a background check, which includes criminal history check, and be approved by the institution/facility Superintendent or designee and complete required orientation/training in the supervision of inmates. Provide transportation of inmates to and from work if such is not prOvided by Corrections as agreed to in Section I of this Agreement. ~.~LA Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate to perform the required Work. 25 1999 Updated 1996 Inmate Labor Agreement Page 3 x 5. Ensure that licensing or permits are obtained if required for the wOrk to be performed. Provide necessary supervision and guidance for projects which require a permit which require technical assistance to complete the project. X Immediately notify Corrections in the event of an escape while the inma,:e is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform his tasks in an acceptable manner. Record daily the number of hours worked by inmates using forms provided by Corrections and submit the form on a weekly basis to Corrections. X Report all inmate injuries, regardless of how minor in nature, to corrections as soon as possible. Medically related complaints made by an inmate shall be reported to corrections as soon as practical. In cases of emergency, first aid, within the scope of the supervisor's medical training, shall be provided, request emergency health care assistance, and assistance rendered to corrections. X XV/A X~/A 10. 11. Provide inmates with a fifteen minute rest break in the morning and 'afternoon. Lunch breaks shall normally begin at 12 Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. Provide an employee of the same sex as the medium custody inmate(s) to be immediately available to render assistance in cases where the squad supervisor is of the opposite sex as the inmate. Require each non-Correction person approved to supervise inmates'and other appropriate staff members to attend orientation/training in the supe,"vision of inmates prior to assuming supervision of inmates, and to attend annua' refresher training in the supervision of inmates. Orientation/training to be provided by the Department. 12. Agency hereby agrees to be liable for, and shall indemnify, defend'and hold Corrections harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant ~to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. ,': X 13. Ensure that all work assignments/proje(;:ts utilizing inmates are authorized pro!ects Df the municipality, city. county, governmental agency or non-profit organization and that private contractors employed by your agency do not use inmates as any part of their labor force. 26 Updated 1 996 Inmate Labor Agreement ~ Page 4 X 14. Other special ¢on,f, iclerations regarding activities Of th~ work sauad that may be based on work Igpation. etc. (Attach additional page(s) if applicable). III. The Department or the Agency may suspend this agreement or terminate this agreement with immediate notice, in whole or in part, when the interests of the Department or Agency requires such termination. Agreed to and signed this ,21.¢ day of._~, 1 Florida Department of Corrections Col. tier 6'ounty Road & Maint. Dept. ~~~-~' /~~ (Name ofAgenc,v. ReceJvin~;~s2 Nam Name: Title: ~arden Tq,'e: ~t r Name: ~ Name; T~tie: Appro/ved as to 'Corm end legal sufficienoy¢ 27 September 28, 1999 Item #16B12 BID #99-2973, .TRAFFIC SIGNAL COMPONENTS., AWARDED TO VARIOUS VENDORS AS LISTED IN THE EXECUTIVE SUMMARY FOR PURCHASE OF TRAFFIC SIGNAL- RELATED EQUIPMENT Item #16C1 AGREEMENT AND AUTHORIZATION TO TERMINATE LEASE #802 BETWEEN COLLIER COUNTY AND COLLIER HEALTH SERVICES,INC. FOR A FACILITY LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AT 3301 EAST TAMIAMI TRAIL, BLDG. H. Page 152 AGREEMENT TO TERMINATE LEASE Lease #802 SEP 2 8 1999 THIS AGREEMENT TO TERMINATE LEASE, hereinafter referred to as the Agreement, entered into this 28th. day of September , 1999, between COLLIER COUNTY, a political~subdivision of the State of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as LESSOR, and COLLIER HEALTH SERVICES, INC., whose address is 1454 Madison Avenue, Immokalee, Florida 34142, hereinafter referred to as LESSEE, sets forth the terms and conditions for the cancellation of that certain Lease Agreement dated November 14, 1995, and the First Amendment to Lease Agreement dated November 18, 1997, between the above stated parties, said Lease Agreement and First Amendment to Lease Agreement shall collectively hereinafter be referred to as the Lease. WITNESSETH: WHEREAS, LESSOR and LESSEE have entered into the Lease, whereupon LESSOR was to provide certain space and facilities for use by the LESSEE for the purpose of operating a public health care unit; and WHEREAS, LESSOR and LESSEE desire to terminate the Lease Agreement dated November 14, 1995 and the First Amendment to Lease Agreement dated November 8, 1997. NOW THEREFORE, the parties agree as follows: 1. LESSEE surrenders possession of the demised premises described in the Lease to the LESSOR and the LESSOR accepts the delivery of said demised premises on the date this Agreement becomes effective. 2. LESSOR hereby releases LESSEE of all obligations incurred under the Lease. This release by LESSOR shall include all claims of damages, fees, rent or any other benefits LESSOR may have expected to derive from the Lease. 3. LESSOR hereby pledges and affirms that any sale, conveyance or other transfer of its interest in the demised premises shall not affect LESSOR'S representations made herein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. By execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release each other from all claims that either party may have against the other for any matter or anything arising out of the Lease. 5. This Agreement shall be binding upon the LESSOR and LESSEE'S successors, assigns, and heirs. This Agreement shall become effective upon LESSOR'S execution of this Agreement notwithstanding that LESSEE may execute same at a later date. IN WITNESS THEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: Imm WITNESSES: Signature Sharon B. Ara~ona (Printed Name) Signature ~/ V~c£oria Jenkins (Printed Name) Richard B. Akin, President/CEO (Print name and Title) AS TO DATED: ATTEST: D .WIG..'~.BRO~K, Clerk --.-" :'.: '.... :,, , "..;(b. 3puty Clerk S.t_gnature oai'y. :J .: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS PAWIELA S. MAC'KIE, Chail'~,omaq/ / APPROVED AS TO FORM AND CONTENT - WPD September 28, 1999 Item #16C2 BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID WAIVER REVENUE COLLECTED AND RELATED PROGRAM COSTS Item #16C3 EASEMENT GRANTED TO FLORIDA POWER AND LIGHT COMPANY UPON REAL PROPERTY OWNED BY COLLIER COUNTY, TO SERVICE THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC.(COLLIER COUNTY FAIR BOARD) Page 153 .2 EASEMENT ThlB In~lrumeld Pml~t~l By ,~.W.TYNBKI $£P 2 8 1999 EXHIBIT "Al' ATTACHED HERETO AND MADE A PART HEREOF ~ .IM~t]]dM / BOARD OF CQ~.'.Y COMMISSIONERS, COLLIER ~N~~ ~~:_~.3_01. Tamiami Trail East-' ~ 2- -' ~~:~-~ ...... L~'~ , ....... ~'" . '~~ ~~ ............~ ~ ,, . 9000/l, 000 ~ ~ Tt:CT O0/~T/O0 SEP 2 8 1999 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .............. PARCEL NO ..................... FOLIO NO ..................................... I : I S 88°08'24'' E ~ 3151.50' ~ i 10'' '""4 10' ~ N 88°08'24" W O P.O.B. 3151.78' : : ~ 50.01' P.O.C. N.W. COR, SEC. 14, TWP. 48S, RGE. 27E. LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE S 88°10'34" E ALONG THE NORTH LINE OF SECTION 14, A DISTANCE OF 50.01 FEET; THENCE NORTH 03027'47" E ALONG THE EAST RIGHT OF WAY LINE OF IMMOKALEE ROAD (C.R. 846) AND THE WEST LINE OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 27 EAST, A DISTANCE OF 259.20' TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 03027'47'' E A DISTANCE OF I 0.00 FEET; THENCE SOUTH 88°08'24" E A DISTANCE OF 3151.50 FEET; THENCE SOUTH 01 °53'16" W A DISTANCE OF 10.00 FEET; THENCE NORTH 88°08'34' W A DISTANCE OF 3151.78 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 14 BEING N 03027'47'' E. 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED B E .... 3) SEC. = SECTION ~."'-GEORGE R. RICHMOND · 4) TWP. = TOWNSHIP PROFESSIONAL LAND suRV~=YOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE SEPTEMBER 9, 1999 FAIRFPL SHEET 1 OF 1 September 28, 1999 Item #16C4 RESOLUTION #99-375 AMENDING COLLIER COUNTY PARKS AND RECREATION FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, REPEALING AND SUPERCEDING COLLIER COUNTY RESOLUTION #98-389 Page 154 SEP 2 8 999 RESOLUTION No. 99-_3Z5.._ A RESOLUTION OF COLLIER COUNTY FLORIDA, AMENDING SPECIEFIED PARTS OF ARTICLE IV OF THE COLLIER COUNTY PARKS & RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes be made to the County's Park and Recreation Fee Policy. That Policy was as last amended by Resolution No. 98-389 on September 22, 1998. The Director recommends the following:(a) Decrease the monthly Fitness Pass and increase the three (3) month Fitness Pass in Naples. (b) Eliminate the corporate discount for monthly passes and three (3) month passes. (c) Increase the cost for Summer Camp Programs in Naples and Immokalee/Everglades. (d) Increase the annual cost for the After School Program in Naples and Immokalee (e)Delete Section L regarding combination passes and corporate discounts. (f) Establish separate (reduced) instructional fees for swimming lessons in Immokalee. (g) Make Fitness Facility Admissions Fees exclusive sales taxes. (h) Increase many of the Summer Camp After School Program and transportation fees for Immokalee and Naples. (i) Include into Class IV the Golden Gate fees all entities that are not included in the first three classes (j) Increase the Golden Gate Community Center rates for Class 4 outside of Taxing District. WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: 1. Article IV of Collier County's Parks and Recreation Fee Policy, as amended, is hereby further amended only as follows: Sugden Amphitheater, Article IV Section A & B: User fees at the Sugden Amphitheater shall be (per hour) $30 for Class I and $60 for Class II. B. Article IV, Section K entitled "Collier County Fitness Centers Naples and Immokalee", Subsection 2 entitled Pass Fees (exclusive of sales tax) shall read: Entrance Fees exclusive of sales taxes: Month 3 Months Naples $35 $85 Immokalee 20 50 Students 15-17 years of age Annual $200 ($100 additional For Spouse or family member Age 18 - 24) 75 Veterans Park Daily entrance fee shall be $4.00 exclusive of taxes. Establishes separate fees for swimming lessons in the Immokalee area. D. Article IV, Section N entitled "Collier County Summer Camps and After School Programs" are increased as follows: Summer Camps Naples lmmokalee/Everglades First child $450 Additional child (same household) 400 3 week session only 200 $350 250 150 SEP 2 8 1999 After School Programs Naples Immokalee/Everglades Entire school year cost $836 Transportation cost is per county bid 1 Day Camp 15 Easter Camp - per week 55 Christmas Camp - per week 55 $475 30 per session 15 40 40 E. Article IV, Section O. 2 - Golden Gate Community Center: User categories for Class IV now specify that commercial and for profit organizations and any other for profit group or individual and rental fees for Class 4 outside of Taxing District shall be $25.00 per hour. F. Article IV, Section O.5.(C)(8) now specifies that the user shall pay the costs of extra security provided by the Collier County Sheriff's Office. These fees are payable to Collier Parks and Recreation at the time of payment for use of the facility. A copy of the Fee Rules, as hereby amended and adopted, is attached. This Resolution repeals Collier County Resolution No.98-389. This Resolution adopted this ~,]t_~.day of September 1999, after motion, second and majority vote in favor of passage. ATTEST: DWIGHT E. BROCK, Clerk '"" ..,;'.)/'/',,:?(~, De. phty Clerk ~.. ",z '. :ApPi?00M~ I~'1~ and legal By: / O~ ~o~as c. Palmer sufficiency: Assistant County Attorney BOARD OF COUNTY OMMISSIONERS, COLLIER COUNTY, FLORIDA By: I~AMELA S. MAC KIEl Chairwoman September 28, 1999 Item #16C5 RESOLUTION #99-376 AUTHORIZING A LEASE AGREEMENT WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD,INC. FOR USE OF THE BAND BUILDING LOCATED AT THE IMMOKALEE SPORTS COMPLEX Page 155 September 28, 1999 Item #16C6 BID #99-2938 AWARDED TO J.W. CRAFT, INC. TO SUPPLY PORTABLE TOILET RENTALS FOR USE AT ALL COLLIER COUNTY PARK FACILITIES FOR FY 1999-00 Item #16C7 BID #99-2965 AWARDED TO BENTLEY ELECTRIC,INC. AS PRIMARY VENDOR AND E.B. SIMMONS,INC. AS SECONDARY VENDOR TO PROVIDE ON-CALL ELECTRICAL SERVICES TO COLLIER COUNTY PARK FACILITIES FOR FY 1999-00 Item #16C8 GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR SUGDEN REGIONAL PARK Page 156 SEP 2 8 1999 F2148 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 19 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to s. 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with s. 370.023, 375.021 and 375.075, Florida Statutes; and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRAN~EE shall comply with all provisions of the RULE, which is inc©Iporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the inte=pretation or application of this Agreement shall be resolved Page 1 of 15 SEP 2 8 1999 by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of s. 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Sugden Regional Park (Florida Recreation Development Assistance Program (FRDAP) Project Number F20148), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in uhe PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3.. The GRANTEE shall cons'_~ucY, or cause to be constructed, ~rtain public outdoor recreation facilities and improvements consisting ~f the following PROJECT e]_ements which may be modified by the DEPARTME~'T if GRANTEE shows good cause: Picnic facilities n~ure/walkinq/biking trail, fishing pier/walkway, restroom and other related suppor~ facilities. Page 2 of 15 SEP 2 8 1999 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the fOllowing: DEPARTMENT Amount GRANTEE Match Type of Match $ 100,000 50% $ 100,000 50% Cash and/or in-kind services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, Form FPS-A037, referenced in s. 62D-5.058(4) of the RULE, is submitted to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation Page 3 of 15 SEP 2 8 1999 described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, Form FPS-A034, referenced in s. 62D-5.058(7) (c)of the RULE. 6. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the DeparYment by completing the Pre-Construction Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 7. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called ~he PROCEDURE, referenced in s. 62D-5.058(3) (b)of the RULE, and incorpor.~ted into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and service.s for accomplishment of the PROJECT shall be secured in accordar'.~ce with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT co~us, including required matching connribu~ion, shall be reported to the DEPARTMENT and summarized on certific~Eion forms incorporated in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be u~ilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporning documentation and minimum reporting requirements. Page 4 of 15 $£P 2 8 f999 8. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 9. PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D- 5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPAR?MENT for any expenditure made prior to the execution of this Agreement with the exception of those expeditures which meet the requirements of the foregoing sections of the RULE. 10. This Agreement shall become effective upon execution and t~e~ GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Page 5 of 15 11. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 12. Ail monies expended b~~ the GRANTEE for the purpose contained herein shall be subject to ~re-audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 13. Each party hereto agrees that it shall be solely responsible f~or the wrongful acts of its employees and agents. ~owever, noth~.r~g contained herein shall constitute a waiver by either ~arty of its sovereign i~L~unity or the provisions of s. 768.28, E~lor~da Statutes. Page 6 of 15 S£P 2 8 1999 14. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will include this provision in all subcontracts issued as a result of this Agreement. 15. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 16. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 17. FolLowing receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this Agreement, the DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE in writing of any reimbursement due the DEPARTMENT. The GRANTEE shall be ~llowed a maximum of sixty (60) days from the date of such Page 7 of 15 SEP :2 8 1999 notification to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. 18. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over ~he prevailing prime rate as reported by the Federal Reserve on :he date the DEPARTMENT calculates the amount of refund due. Interes~ shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 19. The State of Florida's performance and obligation to pay u~der this Agreement is contingent u~on an annual appropriation by the Florida Legislature. 20. Allowable indirect costs shall not exceed 15% of the G~ANTEE'S eligible wages and salaries. Indirect costs that exceed 15% mu,~t be approved iR advance by the DEPARTMENT to be considered elh.]ib!e PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida Department cf Transportation's specifications Page 8 of 15 SEP 2 8 1999 for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the offical public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minfmum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, management agreement or dedication, and developed with FRDAP funds, shall be managed as a public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at Page 9 of 15 SEP 2 8 1999 reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than public outdoor recreational use, the GRANTEE shall replace the FRDAP facility, at its own expense, with a project of comparable scope and quality approved by the DEPARTMENT. In lieu of accepting a replacement facility, the DEPARTMENT may require return of all FRDAP funds with interest as specified in Paragraph 18. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE kno~ingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grouni$ of race, creed, color, national origin, age, sex, marital status or aoility level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreem,~nE. Page i0 of 15 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or o.rganization has comp].ied with the provisions of this Agreement. 28. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless aT~erwise specified herein, to inspect and approve the services for Page 11 of 15 S£P 2 8 1999 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 has fifteen {15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with s. 215.422, Florida Statutes, the DEPAR'i~ENT shall pay the GRANTEE interest at a rate as established by s. 55.~3(1), Florida Statutes, on the unpaid balance, if a warrant in paymer~ of an invoice is not issued winhin 40 days after receipt of a correct invoice and receipt, inspecnion, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless th~ GRANTEE reque.sts payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 11 I1998-99~ dated December 2, 1998, has been set at 10.0% per Page 12 of 15 annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the tel'ephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as [equired in paragraph 27, shall be submitted to the DEPARTMENT within ~ne (1) year from the PROJECT completion date as set forth in the ~:ROJECT completion certificate. 32. ~rhis Agreement is not intended nor shall it be construed a~~ granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a Page 13 of 15 $EP 2 8 1999 revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 14 of 15 SEP 2 8 1999 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: Division Director (or Designee) Division of Recreation and Parks Pamela S. Mac'Kie, Chairwoman Title: Address: Bureau of Design and Recreation Services Division of Recreation and Parks Address: 3300 Santa Barbara Blvd. Naples, Florida 34116 '3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DE P~C n~e r Approved a~ to Form and Legality: ~his form has been pre-approved as to iorm and legality by Suzanne Brantley, P~ssistant General Counsel, on M~y 20, 1999, for use for one year. · '" ' ' ": -i';. '> s ~gn~tur. e onlJ, Grantee Attorney *~If someone Qther than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. FPSoA046 Revised 05/99 Page 15 of 15 September 28, 1999 Item #16C9 TRANSPORTATION AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD TO UTILIZE SCHOOL BUSES DRIVEN BY SCHOOL BOARD BUS DRIVERS FOR RECREATIONAL CAMP FIELD TRIPS (OPTION A) Page 157 S£P 2 8 999 TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY THIS AGREEMENT made and entered into this~ day of.~9,J~g~2~ 1999 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board of County Commissioners of Collier County, Florida, (Agency). WHEREAS, Chapter 234 of the Florida Statutes authorizes local school districts to enter into agreements with organizations for the use of school buses belonging to the school district, and WHEREAS, the Agency desires to utilize the school buses of the school district, and WHEREAS, Section 234.21 l(l)(a), Fla. Stat., provides that each school district may enter into agreements with the governing body of a county or municipality in the school district or any state agency for the use of school buses of the school district for transponati°n of the elderly, transportation disadvantaged or for any county, municipal or state purpose. WHEREAS, this Agreement contemplates two (2) use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based upon the Option selected by the Agency as determined by this Agreement. IT IS THEREFORE AGREED: 1. Option A - Bus and Driver: (1) The School Board shall provide buses with drivers in accordance with the terms provided herein. SEP2 8 (2) For each vehicle and driver, the Organization shall reimburse the School Board for the use of the vehicle at the rate of $17.78 per hour and $1.11 per mile and a fee (labor rate as needed) for cleaning and maintenance. 2. Option B - Bus Only: (1) Organization agrees to pay to the School Board $1.11 per operated mile for each bus. Operated mile is defined as every mile for each bus. Operated miles is further defined as every mile the vehicle is operated in support of the Organization's Program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department. Mileage will be recorded and billed by the School Board. Such bus will be returned to the Transportation Department of the School Board at the end of each operating day. The Organization will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not cleaned. (2) Such bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. 3. The Agency agrees that all requests for use of buses and drivers will be made at least two weeks prior to the date requested.All service is contingent upon buses and/or drivers availability. 4. 24 hours advance notice. In the event the notice of cancellation is not issued to the School Board with 24 hours a fee of $ 25.00 will be due and payable to the School Board. 1999 The Agency agrees that in the event of a cancellation the School Board will be given 2 SEP 2 8 1999 5. Payment for services rendered or due shall be assessed by the School Board by the 10th of each month and paid by the Agency by the 30th of each month. 6. The Agency shall indemnify and hold harmless the School Board from any and all liability of the School Board by virtue of these use of the school's vehicles. 7. The Agency, pursuant to Section 234.211(2)(b), Fla. Stat., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. 8. The Agency agrees that there shall be no fee charged to passengers on the bus. 9. Effective January 1, 1995, each agency entering into a Transportation Agreement with Collier County Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirements of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. 10. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. 11. This Agreement shall commence on the date first above written and remain in effect through August 31, 2000. 12. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. 13. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the panics and their legal representatives, successors and assigns. S£P 2 1999 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed in the Presence of' Print Name: Pdnt Name: DISTRICT SCHOOL BOARD OF COLLIER COUNTY BY: Dr. Dan W. White, Superintendent Nelsofl A. Faerber, Jr., Chairman Print Name: Print Name: "-.. ATTEST: -c.,D~IG,H.T E. BROCK, Clerk ' .x '~'..': ,...'!.~ , ·: {,:.~. ..-...:., . :. ..~. . ~-:? ?,'".', .; .'.'.'{,.{. Bei~,~Y Clerk Thomas C. Pal~er Assistant County Attorney A R COUNTY PARKS AND TION BY: ~',, Name: Title: BY: Name: Title: BOARD OF COUNTY COMMISSIONERS COLLIERBy:/2'2'2~4/~COUNTY' FLORIDA ~, P~EI.~ S. I~C'KIE, Chair~o~n 4 September 28, 1999 Item #16C10 EXECUTION OF ANNUAL CONTRACT BETWEEN COLLIER COIJNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT Page 158 CLERK TO THR BOARD INTEROFPIC~ 47H FLOOR EXT 7240 2558052 OR: 2612 PG: 2730 R,cm zo .,o R8CORDRD in the O~HCIA5 RR¢ORD,~ of ¢OU, IRR COURT¥, PL COPIRS 45.00 11/18/1999 at IO:~?AR DWIGHT R, BROCK, C],RRK CONTRACT BETWEEN .~ ~ ,~ ~.____ COLLIER COUNTY BO~ OF COUNTY STATE OF FLO~DA DEPARTMENT OF RE FOR OPE~TION OF THE COLLIER COUNTY HE~T~ DEPARTMENT CONTACT YE~ 1999-2000 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 1999. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 1999, through September 30, 2000, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the SEP 2 8 environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal levels. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women's, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the County Health Department will be handled as follows: The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility as provided in Attachment II, Part II is an amount not to exceed $4,894,478.00. The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility as provided in Attachment II, Part II is an amount not to exceed $1,959,489.00. b. Overall expenditures will not exceed available funding (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carded forward to the next contract period. SEP 2 8 (gg c. Either party may establish service fees as allowed by law to fund activities of the CHD. The amount and purpose of such fees are listed in Attachments IV and V of this Agreement. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing, 30 days before the increase or decrease is to occur, of the amount and purpose for the increase or decrease in funding. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail Naples, FL 34112 5. CHD DIRECTOR. Both parties agree the director of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director shall be selected by the State with the concurrence of the County. The director of the CHD shall insure that noncategorical sources of funding are used to fulfill public health priorities in the community and the State Strategic Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director to the parties no later than October 1 of each year. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., · below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director must sign a justification therefor, and all county purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment VI. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Recognized Govemmental Accounting Procedures and Governmental Accounting Standards Board, and the requirements of federal or state law. These 2 !g9 records shall be maintained as required by HRSM 15-1 "Records Management Manual" and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of subparagraph i, below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the State Automated Management Accounting Subsystem; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department's Accounting Procedures Manuals, Accounting memoranda, and Comptrollers memoranda; iv. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR); v. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. The Collier County Health Department Trust Fund shall maintain an average trust fund balance . of no less than 8% of its annual operating budget. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly iljustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special projects explained in Attachment VII. f. There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Health has approved the transfer. The Deputy Secretary for Health shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and recordkeeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB manual A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by Federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise excepted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 455.667, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. 1. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereofi m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of hisgaer right to a fair hearing to the final governing authority of the agency. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county and department of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed one percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required; p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2000 for the report period October 1,1999 through December 31, 2000; ii. June 1, 2000 for the report period October 1,1999 through March 31, 2000; iii. September 1, 2000 for the report period October 1, 1999 through June 30, 2000; and iv. December 1, 2000 for the report period October 1,1999 through September 30, 2000. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment VI to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment VI. b. The county shall assure adequate fire and casualty insurance coverage for County-owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The County shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the CHD trust fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the CHD trust fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, the State may 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 to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 1999, it is · agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Lyle Jerrett, Ph.D. Name Acting Director, Collier County Health Dept. Title 3301 E, Tamiami Trail~ Bldg. H l~laples, Florida 34112 For the County: Thomas W. Olliff Name Administrator Public Services Title 3301 E. Tamlami Trail~ Bldg.H Naples~ Florida 34112 Address Address (941) 774-8206 (941~ 774-8468 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. ENTERED INTO AND AGREED between the parties hereto by the undersigned authorities, effective the 1" day of October, 1999. BOARD OF COUNTY COMMISSIONERS FOR Collier CO, U/~--Y? F~A Pa~ Mac'Kie, Chairwoman cc: David Weigel, County Attorney STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: ~~._.~ (Department Authority) NAME: Robert G. Brooks, M.D., TITLE: Secretary DATE: SIGNED BY: CHD D NAME: Lyle Jerrett, Ph.D. TITLE: Acting Director~ CHD DATE: 9 ATTACHMENT I PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the CIS/H~C minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Sexually Transmitted Disease Program Requirements as specified in HRSM 150-22-. Requirements as specified in Policy 87-7-5 regarding State Health Office STD Program review and approval of personnel/budget actions. Dental Health Monthly reporting on HRSH Form 1008,. o Special Supplemental Food Program for Women, Infants and Children. Improved. Pregnancy Outcome Service documentation and monthly financial reports as specified in HRSM 150-24' and all federal, state and county requirements detailed in the program manuals and published procedures. Requirements as specified in HRSM 150-13A*. Quarterly reports~ of services and outcome on HRSH Form 3096*. Program Quarterly Progress Report, Quarterly Summary Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. Family Planning Periodic financial and programmatic reports as specified in HRSM 150.27-. 10 OR: 2612 PG: 2740 ATTAC}D~ENT I (Continued) 10. 11. Immunization CHD Program Chronic Disease Program Environmental Health AIDS Program School Health Services Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. Requirements as specified in HRSM 150-3' and HRSM 50-9*. Requirements as specified in the Reference Guide to CHIP and HRS* forms identified in HRSM 150-8' and 150-12'. Requirements as specified in HRSM 50-10'. Requirements in HRSM 150-30' and case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CHD clinics should be reported on CDC Counseling & Testing Report Form. These reports are to be sent to the Headquarters AIDS office within 30 days of the initial post-test appointment regardless of clients' return. HRSM 150-25', including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. 11 ATTACHMENT II PLANNED FUNDING AND EXPENDITURES PART I PART II PART II COUNTY TRUST FUND USE (pg. 13) STATE & COUNTY REVENUE (pg. 14-19) STATE & COUNTY (pg. 20, 21) Funding portions follow attch2900.doc (rev. 9/14/99) 12 OR: 2612 PG: 2742 OR: 2612 ATTACHMENT II COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department PG: 2743 Y 8 1999. STATE 01505O 015050 015011 015065 015050 015050 015050 015050 015050 015050 015050 015050 015050 015050 015050 015048 015050 015037 015050 015123 015123 015123 015065 015115 015140 015124 015124 015124 015137 015137 015137 015124 015124 015124 015123 015029 015115 015012 015011 GENERAL REVENUE - ALG/Contributions To CHD (050329) ALG/Contr. To CHDs-.5% Holdback (050329) ALG/Cont to CHD Primary Care (050329) ALG/Cont to CHD AIDS Prey & Surv(050329) ALG/Con! to CHD Mig Lbr Camp San(050329) ALG/Cont to CHI) Home Hlth Pilot Proj (050329) Sovereign Immunity (050329) ALG/COOt to Cl-IDs Pinellas Indigent Dentl Clinic-UF (050329) ALO/Cont to CHDs-Dental Praogram (Cat. 050329) ALG/Cont to CHD Immun Outreach (050329) ALG/Cont to CHD Corem TB Program (050329) ALG/Cont to CHI) Indoor Air Assist(050329) ALG/Cont to CH]3 Faro Trans PR(] (050329) ALG/Palm Beach CHD-Health Program Office Staff(050329) ALG/Cesspool Identification and Elimination (Cat. 050329) ALG/Cont to CHD STD Program (050329) Improve Overall Health of Fla. Comm. St. Lucie (050329) ALG/COOt to CHDs Mtrnl 8: Chid HIth Field StaffCost(05 Epidemiology Traning & Clinical Supporl (CAT. 050329) ALG/Family Planning (050001) ALG/Family Planning Planned Parenthood NE FL (CAT. 050001) AL,G/Family Planning (CAT. 050001) - Alachua Colposcopy ALG/Cont to CHD AIDS Pat Care (050026) ALG/School Health Services (051106) ALG/School Health Suppl. (051106) ALG/IPO-Healthy Start/IPO (050707) ALG/IPO-Infant Mortality Project (CAT. 050707) ALG/IPO - Outreach Social Workers (CAT. 050707) ALG/IPO Healthy Start Resource Moms & Dads (050707) ALG/IPO Healthy Start lncr Maternal Health Care (050707) ALG/IPO-Healthy Start-Data Collect. Prj Staff(CAT. 050707) ALG/MCH-Healthy Start/IPO (050870) ALG/IPO Outreach Social Workers (CAT 050870) ALG/MCH-Infant Mortality Project (CAT. 050870) Planned Parent Hood - Collier and Sarasota (CAT. 050329) AIDS/Drugs Reimb. One Time Transfer (CAT 180000/FG TF) G/A Eye Exams NASA -School Health Occular Scm. (050063) G/A Epilepsy Services (050082) ALG/Primary Care (050331) GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE 015010 015072 015026 015170 015172 015174 015016 015010 015010 015084 015010 015020 015010 AI,G/Contr. to CHDs-Rebasing (CAT. 050329) Tobacco TF ALO/Cont to CH]) Safe Drinking Water-DEP ALG/Cont to CHD Bio-Medical Waste (DEP) Tobacco Coordination (CAT. 105014) Tobacco TF Full Service Schools - Tobacco (CAT 102258) Tobacco TF Basic School Health - Tobacco (CAT 05 ! 106) Tobacco TF G/A Epilepsy Prey and Educ (CAT. 050083)/Epilepsy TF Food Hygiene Program Health Services in Model City-Dade County Varicella Immunization Requirement (CAT 050329) Tobacco TI: SUPER Act Program (CAT. 050329) Adm TF Food and Waterborne Disease Program (CAT. 050329) Adm TI= Hlth Svcs for Elderly-Medivan Proj-Broward (050329) Tob. TF 14 1,278,168 0 27,361 100,075 40,338 0 0 0 0 14,594 67,929 0 0 0 0 0 0 0 0 45,250 0 0 93,263 49,907 0 0 0 0 0 0 0 0 0 0 61,283 0 0 0 354,068 2,132,236 33,298 0 0 64,854 147,133 86,773 0 0 0 7,476 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !,278,161 27,361 100,07.~ 40,33~ 0 14,594 67,929 0 0 0 0 0 0 0 0 45,250 0 0 93,263 49,907 0 0 0 0 0 0 0 0 0 0 61,283 0 0 0 354,068 2,132,236 33,298 0 0 64,854 147,133 86,773 0 0 0 7,476 0 0 0 ATTACHMENT H OR: 2612 PG: COLLIER COUNTY HEALTH DEPARTMENT Pa rt I1. Sources of Contributions to County Health Department 2744 ? 8 1999 STATE 2. NON GENERAL REVENUE 015010 Pasco CHI) Dental Program (CAT 050329) Tobacco TI: 015010 Breasl & Cctv. Cancer-Prtshp Prj- Hillsbor.(052250) Tob.TF 015010 Dunbar Center - Lee County - Lee CHD (CAT 052250) Tob. 'IT 015010 Prim Care Outrch-Pnllas/Suncst. Cm Hsp Rcs. Pro(052250)Tob TF 0 i 5010 Prj SOAR-Hlthy Mthrs/Hlthy Babies-PIm Bch CHD(052250)Tob TI: 015010 Leon County Mobile Health Unit (CAT 052250) Tobacco TF 015010 Telcmed Pilot-PIm Bch Cty - Palm Bch CHD (052250) Tob TI: 015029 Radiation ProtectionTF/X-Ray Inspection (CAT. 180000) 015029 Radiation Prot. TF/Rad Lic Fee Transfer (CAT. 180000) 0 ! 1055 Other Grants DOE 015113 SPL Program HRS Reimb 010304 Stationary Pollutant Stornge-DEP 015020 Transfers Interagency 015121 Super Act Transfers NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS 007051 015075 007135 007065 007064 007066 007066 007062 007049 O07049 007067 007084 007084 007085 007084 007084 007000 007133 007133 007133 015075 0O7127 007127 007134 007134 007134 007132 007134 007134 007134 007134 007058 007071 007063 007133 007030 007000 007056 FG TF VsqC Admin Transfer (050329) FG TF Family Trnns Program (050329) Abstinence Grant Education Program FG TF AIDS Prevention (050329) FG TF AIDS Surv/Serop (050329) FG TF Ryan White (050329) FG TF Ryan White- AIDS Drug Assist Program Admin. (050329) FG TI:/AIDS Epid research Study (050329) Cont to CF[Ds - STD Chlamydia Study (CAT 050329) FO TF/ALG Contr to CHDs-STD Program (050329) FG TF/ALG/Contr to CHI)s-Community TB (050329) Immunization Special Project FG TF/ALG/Contr to CHDs-lmmunization Action Plan (050329) FG TF/Breast and Cervical Cancer Grant FG TF/ALG/Conta to CHDs-Project Field Staff(050329) ALG/Contx. to CHDs-lmmun. Action Plan - WIC-Imm Linkages Brain Injury Prevention Program (CAT. 000700) Family Planning Title X (050001) Faro Planning Title X Sp~c Proj (050001) Family Planning Title X Sterilzations (5000 l) ALG/Family Planning - Pregnancy Prey - TANF (CAT 050001) MCH BLK Grt. Child Health (050870) MCH BLK Grt. Child HIth (Ages 0-1 YR),(050870) ALG/MCH-MCHBG HIthy Start/IPO (050870) ALG/MCH-MCHBG Outr. Soc Workers (050870) MCH BLK Grt.-IPO Infant Mort. Proj. (050870) MCH BLK C-rt. Dental Projects (050870) ALG/IPO/MCH-lnfant Mortality Project (CAT. 050707) ALG/IPO/MCH Outr Social Workers (050707) ALG/IPO-MCH BIk. Grt.-IPO (CAT. 050707)-G-adsden Sch Clinic ALG/IPO-MCHBG Hlthy Start/IPO (050707) FG TF/Dinbetes Control FG TF EPI Res Smd. of AIDS/HIV (180000) PHBG HERR Chronic Dis Init (101505) Planned Pnrenthood PREV HLTH BLK GRT-Migrant Labor (180000) Phiesterin Related Illness Surv & Prey (lg0000) FG TIe Health Program for Refug. (180000) 15 0 0 0 0 0 0 0 0 0 0 0 0 52,000 20,000 411,534 725,633 0 0 101,571 0 0 15,822 0 5,625 0 110,349 0 23,796 0 0 0 0 38,157 0 0 7,054 11~51 0 0 0 0 0 0 0 150,000 0 25,111 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52,000 20,000 411,534 725,633 0 0 101,571 0 0 15,822 0 5,625 0 110,349 0 23,796 0 0 0 0 38,157 0 0 7,054 !1,251 0 0 0 0 0 0 0 0 0 0 0 150,000 0 25,111 0 0 ATTACHMENT H OR' COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department 2612 STATE 3. FEDERAL FUNDS 007044 PREV HLTH BLK GRT-Rape Awareness(180000) 015075 Transfer-FED Grant~ other Agencies 015060 Entrant Reimb. Transfer FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES 001091 Communicable Disease Fees 001092 Environmental Health Fees 001113 Mobile Home and Parks 001132 Food Hygiene Permit 001133 OSDS Repair Permit 00 ! 134 OSDS Permit Fee 00 ! 211 Safe Drinking Water 001136 I & M Zoned Operating Permit 001137 Aerobic Operating Permit 001138 Septic Tank Site Evaluation 001139 Migrant Housing Permit 001140 Biohazard Waste Permit 001141 Non-SDWA System Permit 001142 Non SDWA Lab Sample 001144 Tanning Facilities 001145 Swimming Pools 001164 Public Water Constr Permit 001165 Private Water Constr Permit 001166 Public Water Annual Oper Permit 001170 Lab Fee Chemical Analysis 001026 Returned Check Ser Fees 010403 Fees-Copy of Public Doc 015055 Rcgistar Fees (Ch. 382.34) 001135 OSDS Variance Fee 015052 Transfers-Mobile Home/RV Park FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL S. OTHER CASH CONTRIBUTIONS 090001 Draw down from Public Health Unit OTHER CASH CONTRIBUTIONS TOTAL 6. MEDICAID 001056 001080 001081 001082 001083 001084 001085 001086 001087 001088 001089 001147 001148 001181 001190 001191 CHD Incm:Medicaid-Pharmacy CHD lncm:Mcdicaid-Othcr CHD lncm:Mcdicaid-EPSDT CHD Incm:Mcdicaid-Dental CHD lncm:Mcdicald-FP CI-ID lncm:Mcdicald-Physician CHD Incm:Mcdicaid-Nursing CHD lncm:Co-lnsurancc CHD Incm:Mcdicaid-STD CHD lncm:Mcd Reimb AZT Disp Fee Medicaid AIDS Medicaid i-flVlO Rate Medicaid-HMO Admin CHD Incm:Medicaid Transportation Health Maintenance Organ. (HMO) CHD Incm:Medicald Maternity 16 0 0 0 0 0 0 0 0 0 1,214,369 0 1,214,369 6,000 0 6,000 249,732 0 249,732 18,411 0 18,411 15,773 0 15,773 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8,250 0 8,250 0 0 0 0 0 0 26,100 0 26,100 3,015 0 3,015 122,512 0 122,512 0 0 0 0 0 0 6,894 0 6,894 0 0 0 0 0 0 2,000 0 2,000 0 0 0 300 0 300 0 0 0 458,987 0 458,987 85,733 0 85,733 85,733 0 85,733 457,000 0 457,000 0 0 0 0 0 0 0 0 0 0 0 0 81,619 0 81,619 0 0 0 0 0 0 0 0 0 0 0 0 52,000 0 52,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part I1. Sources of Contributions to County Health Department 26 2 PS: 2746 STATE 6. MEDICAID 001192 CHD Incm:Medicald Comp. Child 001193 CHI) Incm:Medicald Comp. Adult 001194 CHD lncm:Medicald Sonagram 001208 Medipass $3.00 Adm. Fee MEDICAID TOTAL ?. ALLOCABLE REVENUE 011007 Cash Donations Private 001029 Third Party Reimbursement 010301 Exp Witness Fee Consultm Charges 005040 Interest Emed State Investment 00504 ! Interest Emed Local Investment 007010 U.S. Grants Direct to CI-[D 008094 Gmts/Contracts other Agencies Di~t 011098 Donation School Based Clinic 011099 Other Grants/Donations Direct 012020 Fines and Forfeitures 018001 Refunds, Salary 018003 Refunds, other Personal Services 0 ! 8004 Refunds, Expenses 018006 Refunds, Operating Capita] Outlay 018010 Refunds, Special Category 018011 Refunds, Other 018099 Refunds, Certified Forward 037000 Prior Year Warrant 038000 12 Month Old Warrant 010300 Sale of Goods and Services 010402 Recycle Paper Sales 01 0403 Fees-Copies of Documents 010405 Sale of pharmaceuticals 011055 Other Grant DOE 012021 Return Check Charge 018005 Refunds Grants to Local Gov't 029010 Sale of Fixed Assets ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND State Pharmacy Services State Laboratory Services State TB Services State Immunization Services State STD Services State Construction/Renovation WIC Food Other (specify) C)ther (specify) Other (specify) Other (specify) OTHER STATE CONTRIBUTIONS NOT IN ClIO TRUST FUND TOTAL TOTAL STATE CONTRIBUTIONS 0 0 0 1,000 591,619 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,894,478 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 151,758 217,862 0 154,250 0 0 3,715,932 0 0 0 0 4,239,802 4,239,802 0 0 0 ! ,000 591,619 151,758 217,862 0 154,250 0 0 3,7 ! 5,932 0 0 0 0 4,239,802 9,134,280 17 ATTACHMENT H OR: 2612 COLLIER COUNTY HEALTH DEPARTMENT Pnrt II. Sourees of Contributions to County Health Department 2747 COUNTY 1. BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS: 008030 Grants-County Tax Direct 0 008034 Grants Cnty Commsn Other 603,391 BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS TOTAL: 603,391 2. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION: 001077 Primary Care Fees 32,200 001093 Communicable Disease Fees 59,855 001094 Environmental Health Fees 215,800 001114 New B{rth Certificates 25,000 0011 ! 5 Death Certificates 155,000 0011 ! 6 Computer Access Fee 2,000 001060 Vital Statistics Fees Other 7,000 001004 Child Car Seat Prog 600 001074 Adult Enter. Permit Fees 0 001195 Primnty Care Transfer Fees 0 001117 Vital Stats-Adm. Fee 50 cents 3,000 001196 Water Analysis-Potable 0 FEES AUTHORXZED BY COUNTY ORDINANCE OR RESOLUTION TOTAL 500,455 3. OTHER CASH AND LOCAL CONTRIBUTIONS 090002 Draw down from Public Health Unit 001090 Medicare 008050 Orants-Cnty Sch Board Direct 008010 Grants Contxacts Frm Cities Direct 008033 County Contributions For Facilities 008090 Grants other Local Govn't Direct 008095 Grants Cnty Sect 403.102 Air Poi 008099 Reimb/Rebate Local Oovn't 008031 County AIDS Education OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 4. ALLOCABLE REVENUE 011007 001029 010301 005040 005041 007010 008094 011099 011099 012020 018001 018003 018004 018006 018010 018011 018099 037000 038000 010300 010402 010403 Cash Donations Private Third Pnn'y Reimbursement Exp Wimess Fcc Consulmt Charges Interest Emcd State Investment Interest Emcd Local Investment U.S. Grants Direct to CHD Grnts/Contracts other Agencies Direct Healthy Kids Healthy start Coalition Fines and Forfeitures Refunds, Salary R~funds, other Personal Services Refunds, Expenses Refunds, Operating Capital Outlay Refunds, Special Category Refunds, Other Refunds, Certified Forward Prior Year Warrant 12 Month Old Warrant Sale of Goods and Services Recycle Paper Sales Fees-Copies of Documents 18 104,678 56,089 0 0 0 0 0 0 0 160,767 0 39,554 0 60,000 0 0 105,399 200,322 113,966 2,000 0 0 1,000 0 0 0 0 0 0 136,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 603,39 I 603,391 32,200 59,855 215,800 25,000 155,000 2,000 7,000 600 0 0 3,000 0 500,455 104,678 56,089 0 0 0 0 0 0 0 160,767 0 39,554 0 60,000 0 0 105599 200,322 113,966 2,000 0 0 1,000 0 0 0 0 0 0 136,000 0 0 ATTACHMENT H OR: COLLIER COUNTY HEALTH DEPARTMENT Part I1. Sources of Contributions to County Health Department 2612 PG' 2248 COUNTY 4. ALLOCABLE REVENUE 010405 Sale of pharmaceuticals 011055 Other Grant DOE 012021 Return Check Charge 018005 Refunds Grnnts to local Gov't 029010 Sale of Fixed Assets COUNTY ALLOCABLE REVENUE TOTAL 5. BUH.DINGS: Annual Rental Equivalent Value Maln~nanc~ Other (specie) Other (specify) Other (specify) Other (specify) Other (specify) BUILDINGS TOTAL 6. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND Other County ConUibution (specify) Other County Contribution (specify) Other County Contribution (specify) Olher County Contribution (specify) Other County Contribution (specify) OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND TOTAL TOTAL COUNTY CONTRIBUTIONS GRAND TOTAL CHI) PROGRAM 36,575 0 60 0 0 694,876 0 0 0 0 0 0 1,959,489 6,853,967 406,400 66,414 218,000 9,106 0 0 0 699,920 0 0 0 0 0 0 699,920 4,939,722 36,575 0 60 0 0 694,876 406,400 66,414 218,000 9,106 0 0 0 699,920 0 0 0 0 0 0 2,659,409 11,793,689 19 ATTACHMENT H OR: 2612 PG: 2749 COLLIER COUNTY HEALTH DEPARTMENT Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 1999 to September 30, 2000 COMMUNICABLE DISEASE CONTROL: 8.25 5.79 15.16 12.47 5.07 2.88 49.62 Immunization (I 01) 0 30,000 22.3,000 58,000 64,687 121,800 407,487 60,000 467,48 STD(102) 1,200 6,000 78,578 70,577 70,577 70,578 211,732 78,578 290,31 A.I.D.S. (103) 800 5,200 299,250 299,250 299,250 299,249 561,677 635,322 1,196,9~ TB Control Services (104) 3,200 13,000 175,713 175,713 175,712 175,713 175,713 527,138 702,85 Comm. Disease Surv. (106) 0 0 68,165 68,166 68,165 68,166 144,095 128,567 272,66 Vital Statistics (I 80) 0 0 20,774 20,774 20,773 20,772 83,093 0 83,09 COMMUNICABLE DISEASE SUBTOTAL 5,200 54,200 865,480 692,480 699,164 756,278 1,583,797 1,429,605 3,013,4(] IL PRIMARY CARE: Chronic Disease Services (210) 3.96 180 1,200 66,110 66,109 66,110 66,110 0 264,439 264,43 Home Health (215) 0.00 0 0 0 0 0 0 0 0 W.I.C.(221) 20.73 28,000 126,000 178,281 178,281 178,280 178,280 0 713,122 713,12 Family Planning (223) 2.31 1,015 3,045 59,169 59,168 59,168 59,169 0 236,674 236,6'/ Improved Pregnancy Outcome (225) 0.67 0 0 821 820 820 821 0 3,282 3,28 Healthy Start Prenatal (227) 11.48 1,015 38,036 133,235 133,235 133,235 133,235 0 532,940 532,94 Comprehensive Child Health (229) 2.22 100 300 41,489 41,489 41,489 41,490 5,957 160,000 165,95 Healthy Start Infant (231) 4.17 280 17,328 56,914 56,914 56,913 56,913 0 227,654 227,65 School Health (234) 7.34 0 79,975 230,000 26,362 6,500 225,000 121,966 365,896 487,86 Comprehensive Adult Health (237) 3.47 240 2,000 49,638 49,637 49,637 49,637 18,549 180,000 198,54 Dental Health (240) 0.00 0 0 0 0 0 0 0 0 PRIIHARY CARE SUBTOTAL 56.35 30,830 267,884 815,657 612,015 592,152 810,655 146,472 2,684,007 2,830,4? C. ENVIRONMENTAL HEALTH: Private Water System (357) 1.45 172 258 15,009 15,009 15,009 15,009 0 60,036 60,03 Public Water System (358) 0.68 24 4 2,336 2,336 2,336 2,336 0 9,344 9,34 Individual Sewage Disp. (361) 7.00 5,004 7,068 90,235 90,235 90,235 90,235 0 360,940 360,94 Food Hygiene (348) 2.79 1,:588 1,648 24,324 24,323 24,323 24,323 0 97,293 97,29 Group Care Facility (351) 1.91 497 519 14,580 14,581 14,580 14,580 0 58,321 58,32 Migrant Labor Camp (352) 2.33 688 808 21,907 21,907 21,907 21,907 628 87,000 87,62 Housing,Public Bldg Snfety,Sunitation (353) 0.63 2 2 394 394 393 393 0 1,574 1,57 Mobile Home and Parks Services (354) 1.65 166 180 12,385 12,384 12,385 12,385 539 49,000 49,53 Swinuning Pools/Bathing (360) 5.07 1,306 3,670 57,014 57,013 57,013 57,013 228,053 0 228,05 Biomedical Waste Services (364) 0.62 2 2 720 720 720 720 0 2,880 2,88 Tnnning Facility Services (369) 0.82 38 40 2,678 2,678 2,678 2,678 0 10,712 10,71 Rabies Surveillance/Control Services (366) 0.00 0 0 0 0 0 0 0 0 Arbovirus Surveillance (367) 0.00 0 0 0 0 0 0 0 0 Rodent/Arthropod Conl~ol (368) 0.00 0 0 0 0 0 0 0 0 Storage Tank Compliance (355) 0.00 0 0 0 0 0 0 0 0 Super Act Service (356) 0.83 85 386 3,787 3,787 3,786 3,786 0 15,146 15,1,1 Occupational Health {344) 0.61 0 0 444 443 443 443 0 1,773 1,77 Consumer Product Safety (345) 0.00 0 0 0 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 0 0 0 Lead Monitoring Services (350) 0.62 155 155 533 533 532 532 0' 2,130 20 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT OR: 2612 PG: 2750 Part IlL Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 1999 to September 30, 2000 C. ENVIRONMENTAL HEALTH: Public Sewage (362) 0.66 i Solid Wnste Disposnl (363) 0.00 0 Sanitmy Nuisance (365) 0.85 0 Water Pollution (370) 0.61 0 0 Air Pollution (37 I) 0.61 0 0 Radiological Health (372) 0.68 0 0 Toxic Substances (373) 0.61 0 0 ENVIRONMENTAL HEALTH SUBTOTAL 31.03 9,728 14,748 TOTAL CONTRACT 137.00 45,758 336,832 8 4,027 1,027 1,026 1,026 0 4,106 4,106 0 0 0 0 0 0 0 0 0 2,647 2,647 2,646 2,646 0 10,586 10,586 207 206 207 207 0 827 827 257 256 257 257 0 1,027 1,027 1,416 1,416 1.416 1,415 0 5,663 5,663 627 627 627 627 0 2,508 2,508 252,527 252,522 252,519 252,518 229,220 780,866 1,010.086 1,933,664 1,557,017 1,543,835 1,819,451 1,959,489 4,894,478 6.853,967 OR: 2612 PG: 2751 ATTACHMENT III CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights compliance Questionnaire, HRS Forms 936 A and B, if so requested by the depa/tment. The applicant assures that it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. o Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal assistance. o The Omnibus Budget Reconciliation Act of 1981, P.L. 97.35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. at3cor89.doc 22 OR: 2612 PG: 2752 16C 10 ATTACHMENT IV STATE FEE SCHEDULES, BY SERVICE LRVRT. OF SRRVICE/SERVICE: I. COMMUNICABLE DISEASE: AIDS, HIV, Alternate Site Testing II. PRIMARY CARE: $20 (optional) Estimated Annual Revenue Accruing To The CHD Trust Fund $ 597:719.00 $ 38:535.00 Attachment includes Pgs. 24-36 attchivg00, doc (rev. 9/14/99) 23 OR: 2612 2753 Attachment IV STATE BUDGET PREPARATION FISCAL YEAR 1999-2000 Level PROGRAM OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE RX MEDICAID OBJECT CODE SERVICE MEDICAID ---~OGRAM OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE RX MEDICAID OBJECT CODE SERVICE MDCAID 100 10405 1056 I084 Communicable Disease l O I Immunizations OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 Summary for Program: 101 10405 1056 1087 102 STD OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID - STD Summary for Object Code: 1087 AMOUNT AMOUNT AMOUNT $5,119.00 $5,119.00 $5,119.00 AMOUNT $75.00 $75.OO AMOUNT $ 1,000.00 $1,000.00 AMOUNT Summary for Program: 102 $1,075.00 103 HIV/AIDS PROGRAM OBJEC'r CODE SERVICE COPIES COPIES COPIES 10403 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 AMOUNT Tuesday, September 14, 1999 24 Page 1 of 13 OBJECT CODE SERVICE HIV RX HIV RX HIV RX HIV RX H1V RX HIV RX HIV RX 10405 OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICA1D RX MEDICAID 1056 OBJECT CODE SERVICE MEDICAID 1080 OBJECT CODE 1084 · SERVICE MEDICAID PHYSICIAN OBJECT CODE SERVICE CASE MGT MED-PAC 1089 OBJECT CODE SERVICE ANONYMOUS(EPI) 1091 OBJECT CODE SERVICE MEDIPASS 1208 Tuesday, September ! 4, 1999 OR: OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE INCOME FROM MEDICAID Summary for Object Code: 1080 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE CHD INCOME FROM MEDICAID - AIDS Summary for Object Code: 1089 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE COMM. DISEASE Summary for Object Code: 1091 OBJECT CODE TITLE MEDIPASS 25 2612 PG' 2754 AMOUNT AMOUNT $456,000.00 $456,000.00 AMOUNT AMOUNT $75,000.00 $75,000.00 AMOUNT $52,000.00 $52,000.00 AMOUNT $6,000.00 $6,000.00 AMOUNT Page 2 of 13 OR: 2612 PG: MEDIPASS MEDIPASS $1,000.00 Summary for Object Code: 1208 $1,000.00 ......................... ~-u~*y for Program: ~0~ $590,000.00 PROGRAM 104 TB OBJECT CODE SERVICE COPIES COPIES COPIES OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY R.X PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID · RX MEDICAID RX MEDICAID RX MEDICAID OBJECT CODE SERVICE MEDICAID PHYS 10403 10405 1056 1084 OBJECT CODE TITLE FEES FOR COPIES OF'PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COP1ES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 AMOUNT $25.00 $25.00 AMOUNT AMOUNT AMOUNT $1,500.00 $1,500.00 2755 Summary for Program: 104 $1,525.00 Summary for Level: 100 $597,719.00 Level 200 PROGRAM OBJECT CODE 10405 SERVICE Tuesday, September 14, 1999 Primary Care 210 Chronic Disease OBJECT CODE TITLE 26 AMOUNT Page 3 of 13 R.X PT PAY RX PT PAY R.X PT PAY RX PT PAY R.X PT PAY RX PT PAY RX PT PAY NON-MEDICAID PHARMACEUTICALS NON°MEDICAID PHARMACEUTICALS NON°MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PFIKRMACEUT1CA LS Summary for Object Code: 10405 OR: 2612 PG: $500.00 2756 Summary for Program: 210 $500.00 223Family Planning PROGR.4M OBJECT CODE SERVICE KIDSMOKINGCL KIDSMOKINGCL RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID R.X MEDICAID · RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 10405 1056 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 AMOUNT $6,000.00 $6,000.00 AMOUNT Summary for Program: 223 $6,000.00 225Maternal Health//POP PROGRMM OBJECT CODE SERVICE R.X PT PAY RX PT PAY RX PT PAY Tuesday, September 14, 1999 1 O405 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS 27 AMOUNT Page 4 of 13 OR: 2612 PG: RX PT PAY RX PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1056 NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 PROGIL4M 227 Healthy Start Non Clinic 10405 OBJECT CODE TITLE AMOUNT MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 Summary for Program: 22~ OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY PO( PT PAY PO( PT PAY RX PT PAY OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 AMOUNT 2757 Summary for Program: 227 229 Comp. Child Health PROGRAM OBJECT CODE SERVICE COPIES COPIES COPIES 10403 OBJECT CODE 10405 SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY Tuesday, September 14, 1999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COP1ES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS 28 AMOUNT AMOUNT Page 5 of 13 R.X PT PAY RX PT PAY R.X PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID OBJECT CODE SERVICE CLD SC EPSDT OBJECT CODE SERVICE CHILD HEALTH MED OBJECT CODE SERVICE MEDIPASS 1056 1081 1084 1208 NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-EPSDT Summary for Object Code: 1081 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE MEDIPASS Summary for Object Code: 1208 OR: 2612 PG: $30~00.00 $30,000.00 AMOUNT AMOUNT AMOUNT AMOUNT 2758 Summary for Program: 229 $30,000.00 237 ~4dult Health PROGRAM OBJECT CODE SERVICE FEES FOR COPIES 10403 OBJECT CODE SERVICE RX PT PAT RX PT PAT 10405 OBJECT CODE SERVICE RX MEDICAID 1056 Tuesday, September 14, ! 999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY 29 AMOUNT $1,975.00 $1,975.00 AMOUNT AMOUNT Page 6of13 RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID OBJECT CODE SERVICE 1084 MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary forObject Code: 1056 OBJECT CODE TITLE PT CARE MEDICAID OBJECT CODE SERVICE RETURN CHECKS 12021 CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE RETURNED CHECK SERVICE CHARGE Summary for Object Code: 12021 Summary for Program: 2612 PG: AMOUNT AMOUNT $60.00 $60.00 $2,035.00 2759 PROGtL4M OBJECT CODE SERVICE RX MEDICAID RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1056 240 Dental OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 Summary for Program: 240 Summary for Level: 200 AMOUNT $38,535.00 Level 300 PROGR. dM OBJECT CODE 1092 SERVICE 12.(50) Plan Review 13.(04) Food Worker Training 14.(53) Request for Inspection 15.(51) Reinspection (after the first reinspection) 16.(52) Late Renewal ! 7.(03) Alcoholic Beverage Inspection Approval Environmental Health 348 Food Hygiene OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATFdFED RULE-ENVIRON HEALTH Tuesday, September 14, 1999 30 AMOUNT $1,085.00 $40.00 $90.00 Page 7 of 13 17.(03) Alcoholic Beverage Inspection Approval OBJECT CODE 1132 SERVICE I .(E) Annual Permit for Fraternal/Civic I.(E) Annual Permit for Fraternal/Civic IO.(N) Annual Permit for Limited Food Service I I.(L) Annual Permit Other Food Service 2.(H) Annual Permit School Cafeteria Operating 3.(M) Annual Permit School Cafeteria Operating 4. (B) Annual Permit for Hospital/Nursing Food S 5.(G) Annual Permit for Movie Theaters 6.(C) Annual Permit for Sails/Prisons 7.(D) Annual Permit for Bars/Lounges (Drink Set 8.0) Annual Permit for Residential Facilities 9.(K) Annual Permit for Child Care Centers FEES ASS'D STATEA:ED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT Summary for Object Code: 1132 2612 PG: $1,215.00 AMOUNT $ 1,296.00 $1,377.00 $2,016.00 $4,329.00 $2,835.00 $432.00 $756.00 $1,584.00 $1,148.00 $15,773.00 2760 Summary for Program: 348 $16,988.00 351Group Care Facilities PROGRAM OBJECT CODE SERVICE PLAN REVIEW SANIT INSP 1092 OILIECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 Summary for Program:~$~ AMOUNT $360.00 $400.00 $760.O0 $760.00 PROGR.4M OBJECT CODE SERVICE Plan Review Plan Review 1092 OBJECT CODE 1139 SERVICE A. Annual permit for facilities with 5-50 occupa A. Annual permit for facilities with 5-50 occupa B. Annual permit for facilities with 51-100 occu C. Annual permit for facilities with over 100 occ C. Annual permit for facilities with over 100 occ Tuesday, September 14, 1999 352 Migrant Labor Camp OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT MIGRANT HOUSING PERM1T MIGRANT HOUSING PERMIT MIGRANT HOUS1NG PERMIT Summary for Object Code: 1139 31 AMOUNT AMOUNT $6,625.00 $1,125.00 $500.00 $8,250.00 Page 8 of 13 OR: 2612 PG: 2761 Summary For Program: 352 PROGIUIM 354 Mobile Home Parks OBJECT CODE 10403 SERVICE CODE XEROX COMP PRINTOUT OBJECT CODE I ! 13 SERVICE I. Annual permit for 5 to 14 spaces !. Annual permit for 5 to 14 spaces !. Annual permit for 5 to 14 spaces 2. Annual permit for 15 to 171 spaces 3. Annual permit for 172 and above spaces REINSPECTION REINSPECT]ON REINSPECTION $8,250.00 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 AMOUNT OBJECT CODE TITLE MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK Summary for Object Code: 1113 AMOUNT $945.00 $8,286.00 $9,180.00 $18,411.00 Summary for Program: 354 $18,411.00 356Super,4ct Services PROGt~4M OBJECT CODE SERVICE Bact. Sample · 1092 OBJECT CODE 15121 SERVICE · SUPER ACT TRANSFERS OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE AMOUNT SUPER ACT REIMBURSEMENTS (CHD) Summary for Object Code: 15121 Summary for Progr~:~- AMOUNT $20,000.00 $20,0O0.00 $20,000.00 PROGI~4M 357 OBJECT CODE 1092 SERVICE 10. Limited Use Comn~rcial Registered System 11. Limited Use Commercial Public Water Syste 7. Reinspcction of Private Water System 8. Reinspection of Public Water System 9. Delineated Area Clearance Fee OBJECT CODE 1142 SERVICE Tuesday, September 14, 1999 Private Water Systems OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE 32 AMOUNT $60.00 $60.00 AMOUNT Page 9 of 13 OR: 2612 PG: Bacterial Sample Collection Chemical Sample Collection Combined Chemical microbiological Delineated Area OBJECT CODE 1165 SERVICE 4. Private Water Construction Permit - serving 3 4. Private Water Construction Permit - serving 3 OBJECT CODE 1166 SERVICE ! .(A) First Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 3. Public Water Construction Permit - Limited 3. Public Water Construction Permit - Limited 5. Initial Operating Permit Fee After March 31 o PROGR,4M OBJECT CODE SERVICE Bact. Sample NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE Summary for Object Code: ! 142 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PERMIT Summary for Object Code: ! 165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summary' for Objeet Code: 1166 Summary' for Program: ~5~'- 358 Public Drinking Water Systems 1142 OBJECT CODE TITLE NON SDWA LAB SAMPLE Summary' for Object Code: 1142 Summary for Progr~?J5~- $16,000.00 $10,100.00 $26,100.00 AMOUNT AMOUNT $26,160.00 AMOUNT $6,894.00 $6,894.00 $6,894.00 2762 ' PROGR,4M OBJECT CODE SERVICE COMP PRINTOUT 10403 OBJECT CODE 1092 SERVICE MODIFICATION MODIFICATION MODIFICATION PLAN REVIEW PLAN REVIEW PLAN REVIEW Plan Review (new constr.) Tuesday, September 14, 1999 360 Swimming Pool Program OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary' for Object Code: 10403 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH 33 AMOUNT AMOUNT $19,000.00 Page lO of 13 Plan Review (new constr.) Plan Review (new constr.) OBJECT CODE ! 145 SERVICE A. Annual Permit - Up to (and including) 25,000 A. Annual Permit - Up to (and including) 25,000 A. Annual Permit - Up to (and including) 25,000 B. More than 25,000 gallons I. Initial operating permit I. Initial operating permit I. Initial operating permit X. Exempted Condo Pools (over 32 units) OR' FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS°D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMII~IG POOLS SWIMMING POOLS Summary for Object Code: 1145 2612 PG: $19,000.00 AMOUNT $36,112.00 $g6300.00 $122,512.00 2763 Summary for Program: 360 PROGRAM 361 Septic Tank Fees OBJECT CODE SERVICE Copies 10403 OBJECT CODE ! 092 SERVICE I .(AF) Application for permitting of an onsite se ! 0.(RN)Reinspection fee per visit for site inspecti I I.(RN) Installation reinspection ofnon-complia 12.(PA) System abandonment permit, includes p 13.(OP) Annual operating permit fee for systems 14.(AM) Amendments or changes to the operatin 15.(OA) Aerobic treatment unit operating permit 16.(TM) Tank manufacturer's inspection per ann 17.(SP) Septage disposal service permit per annu 18.(VI) Additional charge per pumpout vehicle 19.(SP) Portable or temporary toilet service perm 2.(EN) Site evaluation for a new system 20.(VI) Additional charge per pumpout vehicle 21 .(SS) Septage stabilization facility inspection f 22.(SD) Septage disposal site evaluation fee per 23. Aerobic treatment unit maintenance entity pe 3. (ER) Site evaluation for a system repair 4.(RE) Site re-evaluation, new or repair Tuesday, September i 4, i 999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH 34 $141,512.00 AMOUNT AMOUNT $34,845.00 $27,025.00 $12,880.00 $920.00 $828.00 $2,346.00 $100.00 $276.00 $115.00 $184.00 $276.00 $23.00 $276.00 $23.00 $12,512.00 $1,840.00 Page 11 of 13 OR: 2612 PG: 5.(PN)Permit for new systems,including standard 6.(IN)New system installation inspection 8. (PR) Repair permit issuance which includes ins 9.(IE) Inspection o£system previously in use Installation inspection for new performance Performance Based Syst. Appl Permit for new performance-based treat Reinspection tee visit for site insp. OBJECT CODE ! 135 SERVICE 24.(VR) Variance application for a single family 25.(VC) Variance application for a multi-family FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE OSDS VARIANCE FEE OSDS VARIANCE FEE Summary for Objeet Code: !135 Summary for Prog~-~:-~6-f $59,455.00 $59,455.00 $14,076.OO $920.00 $69.00 $115.00 $115.00 $23.00 $228,697.00 AMOUNT $300.OO $300.OO $228,997.OO 2764 SEP 2 PROGRAM OBJECT CODE SERVICE 3. Late fee 1092 369 Tanning Facilities OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH OBJECT CODE 1144 SERVICE I. Annual license fee 2. Fee for each additional device Summary for Object Code: 1092 OBJECT CODE TITLE TANNING FACILITIES TANNING FACILITIES Summnry for ObJeet Code: 1144 Summary for Progr~:~6~- AMOUNT AMOUNT $2,025.00 $990.00 $3,015.00 $3,015.00 Summary for Level: 300 $470,987.00 Level 900 PROGK4M OBJECT CODE 11 ! 3 SERVICE la. Transfer to headquarters 2a. Transfer to headquarters 3a. Transfer to headquarters OBJECT CODE I 132 SERVICE 10a. Transfer to headquarters I la. Transfer to headquarters ! a. Transfer to headquarters Tuesday, September 14, 1999 Traasfer 9]0 Surcharge OBJECT CODE TITLE MOBILE HOME & RECREATIONAL VECH1LE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK Summary for ObJeet Code: 1113 OBJECT CODE TITLE FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT 35 AMOUNT AMOUNT Page l2 of 13 OR: 2612 2765 2a. Transfer to headquarters 3a. Transfer to headquarters 4a. Transfer to headquarters 5a. Transfer to headquarters 6a. Transfer to headquarters 7a. Transfer to headquarters 8a. Transfer to headquarters 9a. Transfer to headquarters OBJECT CODE 1144 SERVICE la. Transfer to headquarters OBJECT CODE I 165 SERVICE 4a. Transfer to headquarters 4a. Transfer to headquarters OBJECT CODE 1166 SERVICE 1 a. Transfer to headquarters 2a. Transfer to headquarters 2a. Transfer to headquarters 3a. Transfer to headquarters 5a. Transfer to headquarters FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT Summary for Object Code: ! 132 OBJECT CODE TITLE TANNING FACILITIES Summary for Object Code: 1144 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PERMIT Summary for Object Code: 1165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summary for Object Code: 1166 Summary for Program: ~1~ AMOUNT AMOUNT AMOUNT ---- S'-~mmary'~or L--e~el: Grand Total $1,107,241.00 Tuesday, September 14, 1999 36 Page 13 of 13 OR' 2612 PG: 2766 ATTACHMENT V COUNTY FEE SCHEDULES, BY SERVICE LEVEL OF SERVICE/SERVICE: Estimated Annual Revenue Accruing To The C~D Trust Fund II. PRIW~RY CARE: ~ $ 128:944.00 III. ENVIRON~4ENTA?, HEALTH: $ 21]:800.00 Attachment includes Pgs. 38-42 ~ $ 215:800.00 Total Co~]nty Feem $ 556~544.0Q attchv900.doc (rev. 9/14/99) 37 OR: 2612 o 2767 Attachment V COUNTY BUDGET PREPARATION FISCAL YEAR 1999-2000 Level PROGR,4M OBJECT CODE SERVICE FLU MEDICARE MEDICARE MEDICARE PNEUMO 100 1090 OBJECT CODE 1093 SERVICE FLU PT PAY HEP B PT PAY 90746 IMM IMMUNIZATION MERCK GRANT PNEUMOVAX PT PAY PT PAY ON ACCT OBJECT CODE SERVICE BCC 8034 Communicable Disease 101 Immunizations OBJECT CODE TFTLE INCOME FROM MEDICARE INCOME FROM MEDICARE INCOME FROM MEDICARE Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMLrN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 AMOUNT $31,295.00 $10,794.00 $42,089.00 AMOUNT $44,718.00 $3,540.00 $197.00 $48,455.00 AMOUNT OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 Summary for Program: )0] $90,54,1.00 102 STD PROGR/IM OBJECT CODE SERVICE PT PAY PT PAY ON ACCT OBJECT CODE SERVICE ORNT CNTY COMM 1093 8034 OBJECT CODE TITLE FEES ASS'D COUNTY ORE)IN-COMMON. DISEAS FEES ASS'D COUNTY ORDIN-COMMON. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT $150.00 $100.00 $250.00 AMOUNT Summary for Program: 102 $250.00 103 HIV/,4IDS PROGR.4M OBJECT CODE SERVICE MEDICARE-AIDS 1090 Tuesday, Sep~mber14,1999 OBJECT CODE TITLE INCOME FROM MEDICARE 38 AMOUNT $13,000.00 Page I of 5 OBJECT CODE SERVICE 501 TRNG CURRENT PT PAY CURRENT PT PAY CURRENT PT PAY HIV PP ON ACCT. PROBATION CLASS PROBATION CLASS PROBATION CLASS OBJECT CODE SERVICE CTYCOMM GRANT 1093 8034 0 Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY.ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 0034 2612 PG: $13,000.00 AMOUNT $3,000.00 $1,000.00 $4,000.00 AMOUNT 2768 Summary for Program: 103 $17,000.00 104 TB PROGIL4M OBJECT CODE SERVICE TB MEDICARE OBJECT CODE SERVICE PT PAY PT PAY PT PAY PT PAY ON ACCT OBJECT CODE SERVICE GRNT CNTY COMM 1090 1093 8034 OBJECT CODE TITLE INCOME FROM MEDICARE Summary for Obj~t Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Ob]eeC Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 Summary for Progr~-~:'-~-- AMOUNT $1,000.00 $1,000.00 AMOUNT $7,000.00 $150.00 $7,150.00 AMOUNT $8,150.00 PROGIL4M OBJECT CODE SERVICE GRNT CNTY COMM 8034 106 Communicable Disease Surveilance OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 Summary for Program:--I-0~ AMOUNT Tuesday, September 14, 1999 39 Page2 of 5 OR' 2612 PG: 2769 PROGR.4M OBJECT CODE SERVICE B RCARD OBJECT CODE SERVICE BIRTH CERT OBJECT CODE SERVICE DEATH CERT OBJECT CODE SERVICE OUT OF COUNTY OBJECT CODE SERVICE ADMIN FEE 1060 1114 1115 1116 1117 180 Vital Statistics OBJECT CODE TITLE FEES FROM VITAL STATISTICS Summary for Object Code: 1060 OBJECT CODE TITLE VITAL STATS - NEW BIRTH CERTIFICATE Summary for Object Code: 1114 OBJECT CODE TITLE VITAL STATS - DEATH CERTIFICATE Summary for Object Code: Ills OBJECT CODE TITLE VITAL STATS - COMPUTER ACCESS FEE Summary for Object Code: 1116 OBJECT CODE TITLE VITAL STATS OR CHD - ADMIN FEE $.50 Summary for Object Code: 1117 AMOUNT $7,000.00 $7,000.00 AMOUNT $25,000.00 $25,000.00 AMOUNT $155,000.00 $155,000.00 AMOUNT $2,000.00 $2,000.00 AMOUNT $3,000.00 $3,000.00 Summary for Program: ]-8~-- $192,000.00 Summary for Level: 100 $307,944.00 Level PROGRAM OBJECT CODE SERVICE CHOLESTEROL KIDSMOKINGCL OBJECT CODE SERVICE CHOLESTEROL SMOKING CESS 200 1077 1090 Primary Care 210 Chronic Disease OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 OBJECT CODE TITLE INCOME FROM MEDICARE INCOME FROM MEDICARE Summary for Object Code: 1090 AMOUNT AMOUNT Summary for Program: 210 223 Family Planning PROGRAM OBJECT CODE SERVICE PT PAY Tuesday, September 14, 1999 1077 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY AMOUNT Page 3 of 5 PT PAY PT PAY ON ACCT. PT PAY ON ACCT. OR: FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 2612 $500.00 $500.00 2770 Summary for Program: 223 $500.00 223Maternal Heaith/IPOP PROGR,4M OBJECT CODE SERVICE FEES 1077 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 Summary for Program:-:~2~* AMOUNT $4,0O0.00 $4,000.00 $4,000.00 PROGR.4M OBJECT CODE SERVICE CAR SEAT OBJECT CODE SERVICE PT PAY PT PAY ON ACCT 1004 1077 229 Comp. ChiM Health OBJECT CODE TITLE INSPECT/CHILD CAR SEAT PROGRAM FEE Summary for Object Code: 1004 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 AMOUNT $600.00 $600.00 AMOUNT $1,800.00 $1,800.00 Summary for Program: 229 $2,40O.0O 234School Health PROGR~4M OBJECT CODE SERVICE FEES OBJECT CODE SERVICE GRNT CNTY COMM 1077 8034 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 Summary for Prog~-~:~3~ AMOUNT AMOUNT PROGRAM OBJECT CODE SERVICE PT PAY PAY ON ACCT 1077 237 Adult Health OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 Summary for Progr~-~:-~3~ AMOUNT $25,000.00 $90O.0O $25,900.0O $25,900.0O Tuesday, September 14, 1999 41 Page 4 of 5 OR: 2612 PROGR/IM OBJECT CODE SERVICE PT PAY ON ACCT 1077 240 Dental OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 Summary for Progrl~:-~4~ PG: 2771 AMOUNT Summary for Level: :tOO $32,800.00 Level PROGtMM OBJECT CODE SERVICE WATER CERTIF WATER CERTIF 3OO 1094 Environmental Health 357 Private Water Systems OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH Summary for Object Code: 1094 Summary for Program:-~5~ AMOUNT $7,800.00 $7,800.00 $7,800.00 PROGR,4M OBJECT CODE SERVICE B.Swimming P.Training B.Swimming P.Training B.Swimming P.Training C. SP Comp. Training D. Bact. Samples Owner 1094 360 Swimming Pool Program OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH AMOUNT $2,000.00 FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH Summary for Object Code: 1094 Summary for Program:--J6~ $206,000.00 $208,000.00 $208,0O0.00 Summary for Level: 300 $215,800.00 Grand Total $556,544.00 Tuesday, September 14, 1999 42 Page5 of 5 OR: 2612 PG: 2772 ATTACHMENT VI FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description COLLIER COUNTY HEALTH & PUBLIC SERVICES-BUILDING CHD/ENVIRONMENTAL HEALTH CO-LOCATION WITH DEVELOPMENT SERVICES IMMOKALEE SATELLITE ao Bo Clinical Services Health Services Facility General Public Health Services Triple Wide Mobile Office Unit Location Owned By 3301 East Tamiami Trail Building H, Naples Collier County 2800 North Horseshoe Drive Collier County Naples 419 North First Street Immokalee Collier County Collier County Collier County AttchVI8 9. doc 43 OR: 2612 PG: 2773 ATTACHMENT VII DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) DESCRIPTION Special CONTRACTS (Please list separately) Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Depadmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to SALVIAS Level 599 and include some contracts formerly handled at the district offices such as Epilepsy, colposcopy, Project WARM, community planning and special family planning and teen mother projects. Healthy Kids: $305,000 of funding from Isabel Collier Read and Cleveland Clinic · (~) shall be received. The Health Department shall administer the funds for the provision of the Healthy Kids Corporation in Collier County. This funding is not from or to affect the Health Department Trust Fund. Therefore, this is not delineated on Attachment II, Part I. 2. Florida Gulf Coast University: $ 27,400.00 for Management Consultation Services. Management Consultation Services: Comprehensive evaluation of current management and organization structure and climate in accordance with "Qualitative and Quantitative Research Analysis of Collier County Health Department" proposal. attch79OO.doc (rev. 9/14/99) OR: 2612 0 ATTACHMENT VIII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY COMMISSIONERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHD to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. Atthviiiggcor.rtf. doc 45 September 28, 1999 Item #16D1 RESOLUTION #99-377 AUTHORIZING EXPENDITURE OF FUNDS NOT TO EXCEED $1,500 FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH THE "UNITED WAY OF COLLIER COUNTY CAMPAIGN 2000" Page 159 SEP 2 8 1999 RESOLUTION NO. 99- 377 A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN THE UNITED WAY CAMPAIGN AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Collier County Board of County Commissioners has legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes; and WHEREAS, the Board of County Commissioners recognizes the worthwhile goals of the United Way of Collier County and the positive effects participation in the United Way of Collier County Campaign has on County employees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the expenditure of funds not to exceed $1,500.00 for activities associated with the United Way Campaign of 2000 is hereby found by the Board to serve a valid public purpose and is approved. The specific expenditures approved are: incentive prizes including but not limited to: T-shirts, mugs, pins, plastic water bottles, plaques, trophies, food, beverages, and incidental supplies for serving a light snack for employees participating in the United Way Campaign. This Resolution adopted after motion, second, and majority vote. Dated:~~ 'DWIGHT E. BROCK, CLERK ?~.~. :" *",,,.'Approved as to form and legal su~ciency: County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA ? ff~ ^mL^ S. ^C'KIE, September 28, 1999 Item #16D2 AGREEMENT RE RFP #99-2907 WITH INSURANCE AND RISK MANAGEMENT SERVICE,INC. FOR FY 1999-00, IN THE AMOUNT OF $90,499 FOR PROPERTY AND CASUALTY INSURANCE BROKERAGE SERVICES Page 160 S£P 2 8 1999 CONTRACT BETWEEN COLLIER COUNTY GOVERNMENT AND INSURANCE AND RISK MANAGEMENT SERVICE~, INC. RFP g99-2907 This CONTRACT is entered into on October 1, 1999, between Collier COUNTY Government, 3301 East Tamiami Trail, Naples, Florida, a public corporation of the State of Florida (COUNTY), and INSURANCE AND RISK MANAGEMENT SERVICES, INC., 3200 Bailey Lane, Naples, FL 34105-8506 (CONTRACTOR). WITNESSETH WHEREAS, the COUNTY is empowered to enter into contractual arrangements with public agencies, private corporations or other persons pursuant to Florida Statutes; and WHEREAS, the coUNTY desires the professional services of a Property and Casualty Insurance Broker to implement a project entitled "Property and Casualty Insurance Brokerage Services"; and WHEREAS, the CONTRACTOR represents that it possesses the required skills, knowledge, expertise and resources and is capable of providing the desired services within the time frame and parameters required by the COUNTY; and WHEREAS, the COUNTY has found the CONTRACTOR'S expertise and resources to be acceptable and wishes to enter into a CONTRACT with the CONTRACTOR; NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the parties agree to the following: 1. CONTRACT TERM AND TERMINATION. Unless extended or terminated, the period of performance of this CONTRACT shall commence on October 1, 1999 and continue for a period of thirty-nine (39) months, terminating on December 31, 2002. The COUNTY may, at its option, renew this CONTRACT for two (2) additional one-year periods. The COUNTY may terminate this contract by providing 60 days written notice to the CONTRACTOR of such intent to terminate. The CONTRACTOR may terminate this CONTRACT for any reason by providing 90 days written notice to the COUNTY of its intent to terminate the agreement. 1999 2. FEES. As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE SCHEDULE hereinafter stated in this CONTRACT. It is agreed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on October 31, 1999. All insurance coverages purchased by the COUNTY under this CONTRACT shall be purchased net of commission and the CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If an insurance company pays a commission to the CONTRACTOR, the parties agree that the scheduled fee shall be reduced by the amount of the commission paid to the CONTRACTOR. The CONTRACTOR shall be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as proof that commissions were not paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. FEE SCHEDULE Month 1999 2000 2001 2002 January $3,750 $2,900 $2,900 February $3,750 $2,900 $2,900 March $3,750 $2,900 $2,900 April $3,750 $2,900 $2,900 May $3,750 $2,900 $2,900 June $7,000 $5,400 $5,400 July $16,583 $12,967 $12,967 August $16,583 $12,967 $12,967 September $16,583 $12,967 $12,967 October $5,000 $7,000 $5,400 $5,400 November $5,000 $3,750 $2,900 $2,900 December $5,000 $3,750 $2,900 $2,900 Total $15,000 $89,999 $70,001 $70,001 3. SCOPE OF SERVICES. It is understood that the CONTRACTOR shall perform the following services: A) Every three years, the CONTRACTOR shall solicit insurance coverage proposals from interested markets. The purpose of this project shall be to evaluate and recommend the most effective risk-financing program in terms of protection and cost. It is the intent of the county to review various risk financing strategies including programs which encompass the county's current risk financing arrangement and may include first dollar, self insured retention, large deductible, loss sensitive programs or other programs which would be appropriate for review. The CONTRACTOR in conjunction with the Risk Management staff shall develop a project SEP 2 8 1999 marketing strategy; prepare a project schedule; present underwriting information to carriers and other appropriate parties; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. This project is to be implemented at the October 1, 2000 renewal. The final program shall be presented to the Risk Management Director no later than 30 days prior to this date unless conditions beyond the control of the CONTRACTOR prevent such presentation. The county reserves the right to alter this three year schedule, depending upon market conditions or any other factors to include direction by senior management or direction by the Board of Commissioners. If such alteration of the timeframe takes place, both the COUNTY and CONTRACTOR shall have the right to amend the FEE SCHEDULE portion of this CONTRACT, subject to the final approval of both parties. B) For years other than that found in paragraph 3(A) above, the CONTRACTOR shall develop a project schedule; present underwriting information to carders and other appropriate parties; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. The final program shall be presented to the Risk Management Director no later than 30 days prior to renewal unless conditions beyond the control of the CONTRACTOR prevent such presentation. C) Assist the Risk Management staff in the development and maintenance of premium allocation systems, which may include.experience rated systems. D) Assist Risk Management staff in the development and maintenance of contractual insurance standards and provide advice as to the appropriate types, terms and levels of coverage necessary for proposed county contracts, as needed. E) If directed, request proposals from interested third party administrators, evaluate these proposals, participate in interviews, and make a recommendation for selection to the Risk Management Director; coordinate the approval of selected third party administrators with the appropriate excess carder(s); maintain frequent contact with claims personnel so as to follow the progress of claims management activities; remain abreast of loss development; resolve problems/conflicts regarding claims administration issues; and negotiate fees. F) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. G) Issue binders and insurance certificates of coverage on behalf of the county; request endorsements from carriers and issue identification cards for automobile insurance. H) Analyze insurance market trends; assess the county's insurance program and its current financial trends and report each January the affect that these trends will have on pricing, coverage availability, and allocated budgetary costs. S£P 2 8 999 I) Assist the Risk Management Department in the audit of Workers' Compensation classification coding. J) Provide up to 16 hours of training services to county staffper year on insurance and risk management topics, as needed. K) Provide consulting advice regarding the selection of a Risk Management Information System to include desirable program characteristics and potential vendors, if requested. This does not include the preparation of an RFP or the evaluation of proposals; however, the cost of this service may be negotiated separately, if requested by the county. L) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations when directed and recommend a vendor; gather and disseminate loss and other relevant data to the actuary; review the draft report; request changes as needed and forward the final report to the Risk Management Director. This final actuarial report is to be completed by December 15~ of each year for the previous fiscal year ended September 30th. M) Provide routine verbal consulting advice on safety and loss control matters as they relate to the county's risk management program and provide up to 20 hours of on site consulting work. Additional on site inspections, written programs and training programs are not included within the scope of services but may be negotiated for an additional fee. Nothing contained within this paragraph shall be construed to prevent the COUNTY from contracting with other loss control vendors for similar services. N) Provide consulting advice regarding the potential for utilizing new and/or emerging risk financing programs. O) Provide an annual schedule of all insurance in fome as of each October 1, showing expiration dates, net and gross annual premiums, limits and deductible/retentions. P) When requested, coordinate notice of claims and/or losses to underwriters and carders and shall also make inquiries and petitions on behalf of the COUNTY to carriers as may be appropriate. Perform an annual review of losses that exceed the excess retention level and inquire and provide assistance with recoveries. Q) Obtain answers from underwriters to policy coverage questions as requested. R) Review certain contracts, leases and agreements for insurance requirements, coverage interpretations and other risk management issues as requested. S) Coordinate the timely issuance of all policies and endOrsements and submit originals to the Risk Management Director. SEP 2 8 1999 T) Where possible, provide to the COUNTY premium invoices at least twenty-one (21) days prior to the payment due date in accordance with the payment terms required of the CONTRACTOR by the insurance carrier. 4. SCOPE OF COVERAGES TO BE PROVIDED- The scope of coverages to included in this CONTRACT and serviced by the CONTRACTOR shall be as follows: Property Insurance (Including) Real and Personal Property Extra Expense Business Interruption Valuable Papers Crime Computer (EDP Hardware & Soflavare) Contractors Equipment Automobile Insurance (Including) Liability Physical Damage Uninsured Motorists Personal Injury Protection Medical Payments General Liability Insurance Public Officials Liability Insurance Accidental Death & Dismemberment (Statutory) Boiler & Machinery Public Officials Bonds Difference In Conditions Flood Environmental Impairment Liability (Pollution) Law Enforcement Liability Workers' Compensation and Employer's Liability Insurance Workers' Compensation Claims Administration Services Workers' Compensation Managed Care Programs Property and Liability Claims Administration Services Safety and Loss Control Services Builder's Risk Medical Malpractice Insurance 5. AGENT OF RECORD AND RIGHT TO ASSIGN MARKETS. It is understood between the parties to this CONTRACT that the CONTRACTOR is designated as the agent of record in its representation of the COUNTY to insurance underwriters or other intermediaries. However, the COUNTY, through its Project Manager, shall have the fight to assign a market or markets to another broker if: a) The CONTRACTOR does not have access to a program or market and where there may be a substantial benefit to the COUNTY in seeking a proposal fi:om such program or market. b) It is determined that there are specialty programs available to the COUNTY but unavailable through CONTRACTOR, or where another broker possesses a greater level of experience, expertise, access, ability, or resources in a specialty area. In such instance(s), CONTRACTOR shall provide consultation and advice to the COUNTY in the review and analysis of the assigned market's final proposal. Further, the assignment of market(s) shall not reduce the scheduled fee due the CONTRACTOR. 6. GENERAL PROVISIONS A. The Project Manager for the COUNTY is the Collier County Risk Management Director. The Project Manager shall be responsible for overall coordination and oversight of the performance of this CONTRACT. B. All legal notices to the CONTRACTOR under this CONTRACT shall be in writing and sent certified mail to: Insurance and Risk Management Services, Inc. 3200 Bailey Lane Naples, FL 34105-8506 6 S£P 2 8 1999 C. All legal notices to the COUNTY under this CONTRACT shall be in writing and sent certified mail to the Project Manager at: Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 D. All legal notices under this CONTRACT shall be considered received upon receipt. Either party may change its address by providing prior written notice to the other of any change of address. E. All invoices shall be submitted to the COUNTY'S Project Manager. The COUNTY shall pay the full mount of the invoice by the first (1) day of the month due provided the CONTRACTOR submitted the invoice in a timely manner. Failure by the CONTRACTOR to follow these instructions shall result in an unavoidable delay of payment by the COUNTY. F. The CONTRACTOR assumes the responsibility for compliance with all laws, rules, and regulations, state, federal and local, which are, or which shall be applicable. G) COUNTY ~. The CONTRACTOR, in consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of the performance of this CONTRACT or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them. The CONTRACTOR'S limit of, or lack of, sufficient insurance protection shall not affect this indemnification agreement. The first Ten Dollars ($10.00) of money received on the CONTRACT price is considered as payment of this obligation by the COUNTY. This section does not pertain to any incident arising from the sole negligence of COUNTY. H) It is understood that the CONTRACTOR is an independent CONTRACTOR and is not an employee or agent of the COUNTY. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that of an independent CONTRACTOR, between the COUNTY and the CONTRACTOR, its employees, agents, subcontractors, or assigns, during or after the performance of this CONTRACT. I) INSURANCE COVERAGE. The CONTRACTOR shall procure and maintain through the term of this CONTRACT the following insurance coverage. The CONTRACTOR for the duration of this agreement shall maintain current insurance policies meeting the requirements herein identified. Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any expiration date. Such certificates shall provide a thirty (30) day notification to the COUNTY in the event of cancellation or modification. CONTRACTOR shall insure that all subcontractors of SEP 2 8 1999 CONTRACTOR comply with the same insurance requirements that the CONTRACTOR is required to meet. Professional Liability Insurance. Limits of Liability- $1,000,000 each claim. $1,000,000 aggregate. Workers Compensation and Employers Liability Insurance covering all employees in compliance with ali state and federal laws. Limits of Liability- Workers' Compensation- Statutory Limits of Liability- Employers Liability- $500,000 each accident. $500,000 disease- each employee. $500,000 disease- policy limit. Commercial General Liability Insurance including Bodily Injury and Property Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $1,000,000 Personal Injury $1,000,000 General Aggregate $2,000,000 Products-Comp/Oper. Agg. $2,000,000 Automobile Liability for Bodily Injury and Property Damage including, if applicable, owned, non-owned and hired autos. Limits- $1,000,000 Combined Single Limit J) The CONTRACTOR shall provide insurance certificates as proof of insurance prior to the commencement of performance. Insurance certificates shall be written by a company acceptable to the COUNTY. The CONTRACTOR shall notify the COUNTY at least thirty (30) days prior to cancellation or modification of this insurance policy. K) The CONTRACTOR shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this CONTRACT without prior written consent of the COUNTY. L) The CONTRACTOR shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap or sex, be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination in any activity under this CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. M) The laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in the 20* Judicial Circuit of Florida in Naples, Florida for claims under state law and in the Middle District of Florida, Fort Myers Division, for any claims which have jurisdiction in federal court. N) This CONTRACT may be amended only with the written approval of the parties. SEP 2 8 999 O) A failure or waiver of the COUNTY'S right to enforce any covenant, condition, or provision of this CONTRACT shall not operate as a discharge of or invalidate such covenant, condition or provision, or impair the enforcement fights of the COUNTY. P) This CONTRACT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The CONTRACTOR recognizes that any representations, statements or negotiations made by COUNTY staff do not suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced in writing, authorized and signed by an authorized COUNTY representative. This CONTRACT shall bind the parties, their assigns, and successors in interest. The parties or their duly authorized representatives hereby execute this CONTRACT on the date written above. DATED: ' ',~e~'~,c~..'~,~x\(~q BOARD OF CO~ CO~ISSIO~RS ATTEST: COLLIER CO~Y, FLORA D~GHT E', BROCK, CLE~ ~ , BY: .D~uW. Clerk P~LA S. ~C~, .C~WO~ LEG~ S~FICIENCY: MIC~L PETTIT, ASSIST~ ~ CO~TY ATTO~Y CORPORATE SEAL: · ACORD. CERTIFICATE OF LIABILITY INS RA ,o sT OATE.D~ u 1 PRODUCER Insurance and Risk Management Services, Inc. 12771 World Plaza Lane #2 Fort Myers FL 33907-3989 Phone:941-275-0151 Fax:941-275-0272 INSURED Insurance and RiskManagement Services. Inc. 3200 Bailey Lane, #105 Naples FL 34105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Hartford Insurance Company__ ,.SU.E..: ::)r.P 2 8 1999 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LI~TED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO7%MTHSTANDING ANY REGUIREMEHT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEHT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POUCY'EXPIRAT~ON ILN¢~ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/~ DATE (MM/DDP~ LIMITS , GENERAL LIABILITY EACH OCCURRENCE $ i ~ 0 0 0 ~ 0 0 0 A X COMMERCIAL GENERAL UABILITY 21SBAEG7330 07/01/99 07/01/00 FIRE DAMAGE (Any one fb?) $300¢000 1 CLAIMS MADE F~ OCCUR MED EXP(Anyonepemon) .$ 10 ,000 PERSONAL & ADV INJURY $1 ~ 000 ~, 00.0 GENERAL AGGREGATE $ 2 ~ 000,00.0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 f 0 0 0,0 0 0 I POLICY ~-~PRO" JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 07/01/99 07/01/00 (Eaaccldent) $ i, 000,000 A 21SBAEG7330 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODiLY iNJURY $ X NON-OWNED AUTOS (Per accident) .. PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY o EA ACCIDENT $ I ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ I OCCUR [----] CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE ,,, $ RETENTION S $ ~ ~TAIU- I WORKERS COMPENSATION AND TORY LIMITS~ I%T~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEI E.L. DISEASE - POECY LIMIT $ I OTHER DESCRIPTION OF OPERATION~I.OCATIONSNF. HICLE~EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISION5 Collier County Board of County Commissioners is Additional Insured with respects to the General Liability. CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 ,,i COLLC02 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN ~TICE TO THE CERTIFI~&~F~*H~-'B~R NAMED TO THE LE.. BUT F~LU.E TO 4'~ SHALL I.POSE ~' &L,a TIO.~" %,~,~ OF -- ~.o uPo. T..,.,~,,~. ,y, AGENTS O&E.~S;NTA~V~ 2/ George C. Schm.~zlle, CI&~,'~/~ ' ' I I "ACORp CORPORATION SEP 2 8 1999 CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insured: Producer: INSURANCE & RISK MANAGEMENT SERVICES, INC. 3200 BAILEY LANE, #105 NAPLES, FL 34105 Insurance Programs, Inc. 3159 Shamrock South, PO Box 12129 Tallahassee, FL 32317-2129 COVERAGES I This is to certify that the policies of insurance listed below have been issued to the insured named above for 'lthe policy period indicated, notwithstanding any i requirement, term or condition of any contract or other document with respect to which this certificate !INSURANCE AGENTS' PROFESSIONAL LIABILITY COVERAGE COMPANY AFFORDING COVERAGE: The American Insurance Company [Policy Number: ME-07201296 iEff. 12:01 AM: 01/01/99 Each Claim Limit: !Exp. 12:01 AM: 01/01/00 Aggregate Limit: may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. $5,000,000 $6,000,000 Certificate Holder: COLLIER COUNTY RISK MANAGEMENT DEPT ATTN: JEFF WALKER :3301 E. TAMIAMI TRAIL NAPLES, FL 34112 CANCELLATION: I Should any of the above described policies be cancelled Certificate Holder named above, but failure to mail !before the expiration date thereof, the issuing company such notice shall impose no obligation or liability of any iwill endeavor to. mail 10 days written notice to the kind upon the Company, its agents or representatives. ! Authorized Representative: Issue Date: JUNE 17, 1999 ACORD ., CERTIFICATE OF LIABILITY INSURANCE .ATE ... PRODUCER ADVANTECH SOLUTIONS INSURANCE, INC. 1410 N. WESTSHORE BLVD SUITE 600 TAMPA, FLORIDA 33607 INSURED ADVANTECH SOLUTIONS 1410 N. WESTSHORE BLVD. SUITE 600 TAMPA, FLORIDA 33607 I Sedal# Al105 THIS CE~¥iFICATE IS ISSUED AS A MAi I~-R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: GENI=~LACCIDENT INSURANCE CO. INSURER B: INSURER C: INSURER D: INSURER E: )VERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA ! cu. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'OUCY ~-~.C~Iv~E 1POUCY EXPIRAllON DATE lUM~DP~"Vl / nJT~ iMlUUnn~tYi UMITS I~SR i TYPE OF INSURANCE POLICY NUMBER LTR [ GENERAL UABIUTY I EACH OCCURRENCE $ ; COMMERCIAL GENERAL LIABILITY FIRE DAMAGE {A~y me fire) $ __ ] CLAIM~ MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -- R£ ¢ £ [ V £ D I =E.ERALA~GREGA; $ I~ GEN.L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/Dp AGG $ ~ PRO- PO~,CY I ~ECT F-].cc ~cD n ~ 19~9 [ ^~ITO.OB,~E u~=u~ CO~S,.ED S,.=LE.IMrr ALL OWNED AUTOS BODILY INJURY (Per pemm) SCHEDULED AUTOS I HIRED AUTOS BODILY INJURY (Per accident) $ ! NON-OWNED AUTOS I .... PROPERTY DAMAGE , I (per accident) $ ! GARAGE UABIMTY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHER THANEAACC $ AUTO ONLY: AGG $ EAc. occuRRE.CE s --] occu. r---] MADE AOGREOATE S [---~ DEDUCTIBLE $ I I RETENTION $ $ ; WORK~RSCOM;ENSATION AND WCO161753 4117/99 4/01/00 X I WeSTAb- ~ TORY LIMn'S A EM;LOY~S' U~LrrY E.L EAC, ACCIDENT $ 1,000,000 E.L D~SEASE- E~ EMPLOYE; $ 1,000,000 DESCRIFTIOfl OF OpE RATIONS/LOCATION~NE HIC ~ LUEIONS ADDED BY ENDOR~EMENTI~IPECIAL PRON1SION~ FOR THE BENEFIT OF EMPLOYEES LEASED TO INSURANCE & RISK MANAGEMENT SERVICES, INC. FROM ADVANTECH SOLUTIONS, INC. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETi~.K: COLLIER COUNTY BOARD OF COUNTY COMISSIONERS 3301 E. TAMI~,MI TRAIL NAPLES, FLORIDA 34112 ACORD 25-S C:'d:MPRO\CERTPROS.WEB CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRI1TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPC~E NO OBLIGATION OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OF INDEPENDENT INSURANCE AGENCY ~ ACORD CORPORATION 1988 September 28, 1999 Item #16D3 RENEWAL OF THE PROPERTY AND CASUALTY INSURANCE PROGRAM AS DESCRIBED IN THE EXECUTIVE SUMMARY AND COST COMPARISON SUM/4~RY WITH AN EFFECTIVE DATE OF OCTOBER 1, 1999 Item #16E1 BUDGET AMENDMENTS #99-442, #99-449 AND #99-450 Item #16H1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Page 161 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2538068 OR: 2597 PG: 0014 RKURDBD in OHICIAL RBCORDS of COLLIBR COON?T, 10/01/1999 at 07:HA# DWIGHT B. BROCK, CLHK - Retn: CASHXBR SEP 2 8 1999 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: Boehing, Mary Elizabeth 99-01740MMA For services of the Public Defender, bearing the date of the 14th 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 Sudgement and Order recorded in Official Record book 2549, page 1847. 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: · ' ' Cler~-~*Cir~uit Court - '* ittast as to s tga tur~ on) ~ · c Approvc~ as to fdrm l~al suffic~cn y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County A PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2538069 OR: 2597 PG: 0015 * RII~ORDBD in OFFICIAL RECORDS of COLLIER COUNT.Y., FL 10/OK/IH9 at 07:HAlf Di~IGH? B. BROCK, CLBH He HI 6.00 Iietn: CASHIH SEP 2 8 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is thc owner and holder of a certain lien against: CASE NUMBER: Fussell, Oliver Warren 98-01445MMA For services of the Public Defender, beating the date of the 26th day of March, 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 2532, page 1585. 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~l~.~_, 1999. * .' .ATTEST: "' ..... ':'lite~ as ~ $if~'s s lgnat re 1 Approve~as toOfo ~n~*legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2538070 OR: 2597 PG: 0016 R~RD~D in 0~HCIA~ ~C0RDS of C0L~IH COUN'H~ 10/01/1999 a~ 07:54AK DffZGU? S. HOC[, C~SR~ Retn: cAsm SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Garcia, Julian Oomez 99-00356MMA For services of the Public Defender, bearing the date of the 26th day of March, 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 ~nd Order recorded in Official Record book 2532, page 1577. Thc Board of County ~sioners 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 WHERF~F, The Board of County Coca~fissioners of Collier County, Florida, hereby directs that its Chairman execmc this Satisfaction of Lien in its name. ,Executed this ~. day of _~m~l~_, 1999. '. ATTEST ',, ...'..' i. Y :.~.'.Cler~k-of Circuit Cour( " A~~h ~] s~ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538071 OR: 2597 PG: 0017 ffC-ORD~D in OHIClAL HCO~DS of COLLH~ COUNT~., 10/01/1999 at 07:54AH DfflGH? S. BROCK, CHH HC H! S.00 ]etn: CASKIBI S£P 2 8 1999 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: Garza, Tomas Tommy 99-00666MMA For services of the Public Defender, bearing thc date of the 26th day of March, 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 2532, page 1579. Thc 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, Thc Board of County Commissioners of Collier County, Florida, hereby directs '" ' . '~'Clerk of Circuit Court '. .... Attest ~s to Chltnm'$ ~~s~toQgx~f legal sufficiency that its Chairman execute this Satisfaction of Lien in its name. Executed this ~. day of~~l~._, 1999. · ., 'i-' j "; ; ;~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mae'Yale Chairwoman Assistant County Attorney' ' PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 "* 2538072 OR: 2597 PG: 0018 R~C~RDBD in OFFICIAL RICOIDS o[ COLLIBR COUFIL IL 10/01/1999 a~ 0?:54AH DWIGHT B. BROC[, CLHi RIC FIB 6.00 letn: Jsm, $£P 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Ison, Clifton Allen 96-06758MMA For services of the Public Defender, bearing thc date of the 8th day of November, 1996 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $0.00, under Final Judgement and Order recorded in Official Record book 2251, page 1321. Thc 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 ~'~tt. day of ~.~[~I~,,,~_, 1999. · . ATrESTi' ' '.. .,,,...,, ......... Clerk of Circuit Court ..... signature on!~.. Approved as to form l~gm sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant C unty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2538073 OR: 2597 PG: 0019 *' R~ORDBD in OHI¢IAL RECORDS of COLLIER COffNT~ FL 10/01/1999 at 0?:HA# DWIGHT B. BROCK, CLERK RBC ~B! 6,00 letu: cumB SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Mandujano, Froilan R. 98-00928MMA For services of the Public Defender, bearing the date of the 6th day of April, 1998 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 2416, page 3063. Thc 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, Thc Board of County Commissioners of Collier County, Florida, hereby directs signature only. Approved as to fo~ legal sufficiency that its Chairman execute this Satisfaction of Lien in its name. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2538074 OR: 2597 0020 RBCORDKD in OFFICIAL HCORDH of COLLIER ¢OUN?Y, FL 10/01/1909 at 07:54AM DWI~H? B. BROCK, CLERK HC H! 6.00 ietn: cAsmm $EP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Marchand, Robinson 99-00592MMA For services of the Public Defender, bearing the date of the 16th day of April, 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 2540, page 3296. Thc 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. ATrEST: .... . .... , C~rk of Circuit Cou2t " '-. Att,~ as to Chalnmm's s l~;natur~ nl Approved u to(}o~l lr~[egal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2538075 OR: 2597 PG: 0021 * RE,RUED in OFFICIAL RECORDS of COLLIBR COOl?!~ FL 10/01/1999 a~ 07:HAH DW]GH! H. BRO~[, CLSRi iBC FB! 6.00 me~n: cAsmm SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Rodriguez, laviar 99-00651MMA For services of the Public Defender, bearing thc date of the 16th day of April, 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 2540, page 3339. Thc Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said licn, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien ofrccord. 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. Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2538076 OR: 2597 PG: 0022 * RSCOIIDID In OHICIAL IEICOIDS of COLLII! CODlffY, ~L IO/OI/1HO at O?:HAII DWIGHT B. BROCi, CLBR[ ietn: ~ssz. SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Roller, Eddie/ames 99-01385MMA For services of the Public Defender, bearing the date oftbe 23rd day of April, 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 2540, page 3307. Thc 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 Cixcuit 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 e~,~ Tt~ day of~, 1999. ,'...' .' ~.-., ~: .- .. ~'. *... .., . ,,..,:. % ·4..".: .~: Clerk of Circuit Court ""'., At~m~ is to ChllPmm'$ lonatqre o.nlx,.. _ pproveo as to zoTm legaJ sunlcieucy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mae'Kit Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ***._2538077 OR: 2597 PG: 0023 * Retn: ,c m 6.oo CAStoR $~P 2 ~ 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COM2vIISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Sanchez, Juan Carlos 98-07867MMA For services of the Public Defender, beating the date of the 27th day of October, 1998 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 2484, page 1590. 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2538078 OR: 2597 PG: 0024 H~RDBD in OFHCXAL RICORDS of COLLXBR ¢OUH?~, FL I0/01/1999 at 07:HAH DWIGHT B. BROCK, CLBR[ letn: C~SHXn SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Sanchez, Luis Alejandro 98-06765MMA For services of the Public Defender, bcaring the date of the 21 st day of October, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing thc principal sum of 25.00, under Final Sudgement and Order recorded in Official Record book 2475, page 0507. 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. '" Execu~tedthis ~'IR. day of ~ 1999. ' '..-'.~3~rEsT; ., ., .=Att '"'"" ':,, u~ as ~ AppS tgn~ture only. roved ~ to fo~ legal sufficimcy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2538079 OR: 2597 PG: 0025 * RJ~ORDBD In OFFICIAL IIICOiIDS o[ ¢OLLHR COUNT. Y, FL 10/01/1999 at 07:54AN D~IGH? S. BRO¢I, CLIil tern: CAssm SEP 2 8 1999 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Stacey, John Edward 98-09455MMA For services of the Public Defender, bearing the date of the 23rd day of April, 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 2540, page 3317. 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 Commissione~ of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. . ExeCUi;~'th/,5~ ~ day of ~, 1999. ATTEST:. :";. ': · ' .;. _-::,:.: ~ · '"' )':' .. Cle'F~ 8f C/reuit Court s~n.~ture onlx.. Approved as to f6rmuegat sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 September 28, 1999 Item #16H2 MISCELLANEOUS CORRESPONDENCE - FILE 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 162 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 28, 1999 SEP 2 8 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 Nos.: 99-01740MMA, 98- 01445MMA, 99-00356MMA, 99-00666MMA, 96-06758MMA, 98-00928MMA, 99- 00592MMA, 99-00651MMA, 99-01385MMA, 98-07867MMA, 98-06765MMA, and 98-09455MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. September 6-10, 1999 4. Minutes: Ao Environmental Advisory Council - Agendas for August 17, 1999 and September 1, 1999 and minutes of June 2, 1999, August 4, 1999, and August 17, 1999 meetings B. Historic and Archaeological Preservation Board - Agenda for August 27, 1999 Emergency Medical Services Advisory Council - Agenda for August 25, 1999 and minutes of July 28, 1999 meeting Do Airport Authority - Agenda for August 25, 1999 and minutes of July 12, 1999 meeting Eo Pelican Bay MSTBU Advisory Committee - Agenda. for September 1, 1999 and minutes of August 4, 1999 meeting Fo Collier County Planning Commission - Agenda of September 2, 1999 and minutes of August 5, 1999 meeting Go Bayshore Beautification Advisory Committee - Agenda of September 1, 1999 and minutes of August 11, 1999 meeting Ho 1999 and minutes of August 10, 1999 meeting Golden Gate Estates Land Trust Committee - Minutes of June Golden Gate Beautification Advisory Committee - Agenda of September 14, AGENDA ITEM No. / d,/-4 7, 1999 meeting SEP 2 8 1999 pg. / Other Ao SEP 2 ~ 199~ Proof of Publication - Unclaimed Moneys - Affidavit of Publication and list of funds held by Collier County Clerk of the Circuit Court AGENDA~ ~...~E M No. /~, S EP 2 8 1999 pg. ~ September 28, 1999 Item #1611 DESIGNATES THE SHERIFF,S OFFICE AS THE "OFFICIAL APPLICANT. FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, BULLETPROFF VEST PARTNERSHIP GRANT PROGRAM TO ACCEPT GRANTS WHEN AWARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS Item #1612 ENDORSES AN AMENDED UNITED STATES DEPARTMENT OF JUSTICE FEDERAL EQUITABLE SHARING AGREEMENT Page 163 Federal Equitable Sharing Agreement "VALID THRU SEPTEMBER 30, 2oog" SFp 2 8 19 Law Enforcement Agency: Collier O Police Department OProsecutor's Office County Sheriff's Office QSheriff's Office/Department OOther OTask Force' Check if New Participant Contact Person: Danny Shryver, Esq. E-mail Address: N/A Mailing Address: 3301 Tamiami Trail East, Building J, Naples, (Street) (City) Flor:ida 341 ] 2 (State) (Zip Code) Telephone Number: ( 941 ) 793-9292 FaxNumber: ( 941 ) 793-9195 Agency Fiscal Year Ends on: 9/30 (Month/Day) NClClORI/Tracking No.: FL0110000 This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Depmhnent of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. Asset Forfeiture and Money Laundering Section U.S. Department of Justice/ACA Program P.O. Box 27768 Washington, D.C. 20038 E-mail address: program.aca a~usdoj.gov Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of thc Treasury 740 15th Street, N.W., Suite 700 Washington, D.C. 20220 E-mail address: treas.aca@teoaf, treas.gov Fax: (202) 622-9610 Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash, property, or proceeds. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) submitted by the requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. Transfers. Before thc undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department shown in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 5. Internal Controls. Thc parties agree to account separately for federal equitable sharing funds received from the Department of Justice and thc Department of thc Treasury, Funds from state and local forfeitures and other sources must not bc commingled Attach list of member agencies with their addresses and indicate lead agency. with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be deposited in the appropriate federal forfeiture fund account. SJ~P 2 8 ]999 The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A GuMe to Equitable Sharing of Federally Forfeited Property for State attd Local Law Enforcetnent Agencies (Justice Guide). and tile Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to thc Department of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving any equitably-shared cash, property, or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? O Yes O No (If you answered yes, attach relevant information. See instructions.) Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? (~) Yes O No (If you answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq. ), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq. ), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Don Hunter 9/8/99 Pamela s. Mac ' Kie 9~99 Name (Print or Type) Date Name (Print or T3)pe) Date Govern'.~ody Head or Authorized Representative ~Authorized Representative . , .... . :. Sherizz :~'4','~ ,,. ..' '. .: Chai~o~n, Collier County Co~ission Title (Print or Type) .~:'.~'-> '..... ~. ~, :.:'..~. '? Title (Print or Type) This form is subject to the Free~o~ ~ff~fa~mation-Act and may be released to requests under ~ U.S.C. ff 552. SEP 2 8 ~99 9/!0/99 PENDING LITIGATION: Dorothea Sabielny v Collier County Sheriff's Office; gender discrimination; in litigation Victor Valdes v Collier County Sheriff's Office; ethnic discrimination; in litigation Melva Browning v Collier County Sheriff's Office; gender discrimination; EEOC pending September 28, 1999 Item #1613 RESOLUTION #99-378 AMENDING THE LEGAL DESCRIPTIONS IN THOSE PRECINCTS RECOMMENDED BY THE SUPERVISOR OF ELECTIONS Page 164 RESOLUTION 99- ~78 RESOLUTION PURSUANT TO §t01.00t, FLORIDA STATUTES, CHANGING BOUNDARIES OF PRECINCT 603 WITHIN COLLIER COUNTY BY CREATING AN ADDITIONAL PRECINCT 646, AMENDING DESCRIPTION DIRECTION TO AID IN FINDING VISIBLE LANDMARKS, RENUMBERING 1992 PRECINCT TO REFLECT ACTUAL NUMBER IN USE, CORRECTION OF SCRIVENERS ERROR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 101.001, Florida Statutes, authorizes the Board of County Commissioners, upon the recommendation of the Supervisor of Elections, to alter the boundaries of election precincts within the county; and WHEREAS, such the Supervisor of Elections herewith makes the recommendation to alter specific precinct boundaries to alleviate the pressures of growth; and WHEREAS, Chapter 101.001, Florida Statutes, directs an accurate description of any altered precinct boundary be made and maps reflecting such changes be filed with the Florida Secretary of State; and WHEREAS, county precinct 603 has experienced considerable growth resulting from increased dwelling unit construction and now has largest number of registered voters of any precinct; THEREFORE, BE IT NOW RESOLVED by the Board of County Commissioners that the precinct boundary adjustments recommended by the Supervisor of Elections be approved as follows: 1. Precinct 603 be divided to create new precinct 646; with precinct 603 remaining as the subdivisions of Longshore Lake, Quail Creek, Quail West (in Collier County), the Bay West Nursery area to a point two miles east of the C.R. 951 intersection with Immokalee Road; 2. Create Precinct 646 which consists of the subdivisions of Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand and all points east of the Florida Power & Light transmission easement to Interstate 75 between the Collier-Lee County line to Immokalee Road; 3. To correct a scriveners error in the 1992 legal description of Precinct 251 to included the omitted language; 4. To revise the direction of Precinct 252's legal description thereby facilitating ease in finding visible landmarks; 5. To amend the precinct number to reflect that actually known and used as Precinct 679; in the 1992 amendment, the precinct was scheduled to be numbered 666 while the voters protested so the number was changed to 679; however, the materials filed in the official records of the county seem to indicate 666. BE IT FURTHER RESOLVED that the legal descriptions of the above precincts are fully described within Exhibit A attached hereto as a part of this Resolution. DONE AND ORDERED this ~day of September, 1999, while convened in Regular Session. BOARD OF COUNTY COMMISSIONERS :Approved as to form and legal sufficiency: AssistantCounty Attorney F:tPRECLINE~1999~99RESOL. QW PRECINCT 251 Collier County, Florida SEP 2 8 1999 Begin the precinct's northwest corner at the intersection of the Naples City Limit and Haldemann Creek; thence east along the centerline of Haldemann Creek (across Bayshore Drive) to the point of intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the east boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of Sec- tion 13, Township 50 South, Range 25 East; thence south along said section line to its intersection with the centerline of Thomasson Drive (which is 120 feet, more or less, west of the Thomasson Drive/Dominion Road intersection); thence east along Thomasson Drive centerline to U.S. 41 East (Tamiami Trail East) centerline, which is the northeast corner of Section 24, Township 50 South, Range 25 East; thence southeast along U.S. 41 East to its intersection with the Lely Outfall Canal centerline; thence southwest along the Lely Outfall Canal to its intersection with the inland waterway; thence northerly along the inland waterway to Dollar Bay at the north line of Section 34, Township 50 South, Range 25 East; thence east along said section line (which is the southernmost boundary for the City of Naples) to its northeast corner; thence north along the east lines of Sections 26, 23, and 14, Township 50 South, Range 25 East, to the point of intersection with the Haldemann Creek centerline and the point of beginning. Resolution 99- adopted corrected scriveners error (underlined) in Resolution 92-337 description. Formerly Precinct 214 and part of 221; renumbered by Resolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 2084). Amended by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982. F:~RECLINE~,t999~gPRC251.QW Mary W. Morgan, SulN~rvisor of Elections Wednesday, November 01, 1995 PRECINCT 252 Collier County, Florida SEP 2 8 1999 Begin precinct's northwest corner at the intersection of the centerlines of Bayshore Drive and U.S. 41 East; thence south along Bayshore Drive to its intersection with the centerline of Haldemann Creek; thence east along Halde- mann Creek to its intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the eastern boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of Section 13, Township 50 South, Range 25 East; thence south along said west line of Section 13, Town- ship 50 South, Range 25 East to its intersection with the centerline of Thomas- son Drive which is 120 feet more or less west of the Thomasson Drive/Dominion Road intersection; thence east along Thomasson Drive to its intersection with the centerline of U.S. 41; thence northeast along U.S. 41 to the Bayshore Drive intersection and the point of beginning. Resolution 99- adopted reversed direction of description flow from Resolution 92-337 for ease in finding visible landmarks. Precinct 212 renumbered as 252 by Resolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 2085). Renumbered as Precinct 212 by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982. F:~RECLINEH 999~99PRC252.QW Mary W. Morgan, Supeh, i~a' of Elections Thumday, November 02, 1995 SEP 2 8 1999 PRECINCT 603 Collier County, Florida Begin the northwest corner of the precinct at the intersection of the centerline of Interstate 75 with Section 7, Township 48S, Range 26E which is the point of intersection of the Collier-Lee County line; thence east along the northern sec- tion lines of Sections 7, 8, 9, 10, 11, and 12, Township 48S, Range 26E (the Collier-Lee County line); thence south along the eastern section lines of Sections 12, 13, and 24, Township 48S, Range 26E; thence west along the southern section lines of Sections 24, 23, 22, 21, 20, and 19, Township 48S, Range 26E which is Immokalee Road (C.R. 846) to its intersection with the centerline of Interstate 75; thence north along the centerline of Interstate 75 three miles more or less to the point of beginning. Adopted by Resolution 99- on ; precinct 603 divided into 603 and 646 with 646 being the subtraction of Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added Willoughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formerly part of precinct 223 which was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F:~PRECLINEH 999~99PRC603.QW PRECINCT 646 Collier County, Florida SEP 2 8 1999 Begin the northwest corner of the precinct at the northern corner of Section 7, Township 48S, Range 26E which is the point of intersection of the Collier-Lee County line with the centerline of the platted Florida Power & Light transmission line easement; thence east along the northern section lines of Section 7, Town- ship 48S, Range 26E (the Collier-Lee County line) to its intersection with the centerline of Interstate 75; thence south along the centerline of Interstate 75 for 3 miles more or less to its intersection with the centerline of Immokalee Road (C.R. 846); continuing west along the centerline of C.R. 846 to its intersection with the west line of Section 24, Township 48S, Range 25E which is a drainage ditch lying along the east boundary of Palm River Subdivision; thence northerly along said drainage ditch 3,000 feet more or less, thence northeasterly 5,500 feet more or less along a drainage creek which is the northeasterly extension of Palm River; thence east along the north line of Section 24, Township 48S, Range 25E, to its intersection with the Florida Power & Light transmission line easement's centerline; thence northerly along said easement 10,000 feet more or less to the point of beginning. Created by Resolution 99- on ; split from precinct 603 to create precinct 646 by subtracting Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. to form 646. Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added Willoughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formerly part of precinct 223 which was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F:~PRECLINE~1999~9P RC646. OW $£P 2 8 999 Precinct 679 Collier County, Florida Begin the northwest corner at the intersection of the centerlines of U.S. 41 (Tamiami Trail North, State Road 45, Ninth Street North) and Creech Road; thence east along the Creech Road centerline to its intersection with the center- line of Goodlette-Frank Road (C.R. 851); thence south along the Goodlette- Frank Road centerline to its intersection with the centerline of Fleischmann Boulevard; thence west along the Fleischmann Boulevard centerline to its inter- section with the centerline of U.S. 41 (Tamiami Trail North, S. R. 45, Ninth Street North); thence north along the U.S. 41 (Tamiami Trail North, S.R. 45, Ninth Street North) centerline to the point of beginning. Adopted by Resolution 99- on as precinct 679 since, in 1992, voters in precinct 666 objected that the number represented the sign of satan so number only was changed in 1992. Adopted by Resolution 92-337 on June 16, 1992 as precinct 666 - number change only; formerly 007; recorded in O.R. Book 1726, page 2143. Adopted by Resolution 83-34 on March 1, 1983. F:~RECLINEH 999~99PRC679.QW September 28, 1999 Item #1614 RESOLUTION #99-379 FINDING ELECTION RESOURCES CORPORATION AS SOLE SOURCE FOR COUNTY PURCHASE OF BALLOT TABULATION SOFTWARE WHICH IS CERTIFIED IN FLORIDA AS BEING Y2K COMPLIANT AND AUTHORIZING PURCHASE OF SUCH SOFTWARE AND EQUIPMENT Page 165 SEP 2 8 999 A RESOLUTION NO. 99-379 RESOLUTION FINDING ELECTION RESOURCES CORPORATION AS SOLE SOURCE FOR COUNTY PURCHASE OF CERTAIN SOFTVVARE; AUTHORIZING PURCHASE OF SUCH SOFTWARE & EQUIPMENT WHEREAS, Collier County desires to upgrade its present ballot tabulation sys- tem to one which is fully ¥2K compliant and which meets the state system standards and approval of the Florida Division of Elections; and WHEREAS, Section 101.293(1), Florida Statutes, requires that voting equipment (ballot tabulation) purchases in excess of $3,000 be acquired through the sealed com- petitive bid process from at least two bidders unless the majority finds there is but a sin- gle suitable source; and WHEREAS, the Board of County Commissioners finds that the Etnet software provided by Election Resources Corporation, versions 2.6.1 or 2.6.2 (when certified by the Division of Elections), is the only system which would best meet the needs of Collier County's existing ballot tabulation and vote recording equipment in terms of system compatibility because: 1. The County's existing ballot layout and printing software sets up the program- ming of Etnet software; 2. Etnet software is the only Windows based software certified in Florida and on the market; and 3. Etnet software facilitates the ease of reporting election results to the internet and to the Division of Elections on election night. , NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA, at a regular meeting assembled this ~-~. day of September, 1999, that: 1. Collier County finds that there is but a single source, Election Resources Corpo- ration, that provides the Etnet ballot tabulation system needed to upgrade the County's present ballot tabulation system to a Y2K compliant, network of microprocessors which tabulate the single prescored IBM punch card ballots and which system is totally com- patible with the Division of Elections program for reporting election results; and 2. That said software system shall be obtained from Election Resources Corpora- tion upon such terms and conditions as the parties agree. 3. Facilities are available within Collier County to tabulate and ascertain results of the elections to be counted with the Etnet state certified software electronic ballot tabu- lation system on networked microprocessors. 4. Collier County will receive from Election Resources Corporation a detailed plan- ning and procedure manual prepared by said firm exclusive!y for the programming and electronic tabulation of ballots, using the Etnet Version 2.6.1, or 2.6.2, upon receipt of state Y2K certification. 5. Collier County will assure that Election Resources Corporation provides exper- tise and personnel to assist and train county elections officials in the use of the system. S£P 2 8 999 A copy of this Resolution shall be forwarded to the Division of Elections of the Florida Department of State by the Supervisor of Elections upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. -:' ' .ATTEST: .~' .:'.~ ." :::DWIGHT.,~BROCK, Clerk ",,,~p'~mved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.C. By: Ramiro Mar~alich Assistant County Attorney PAMELA S. MAC KIE, Chairwoma~ F:~VI'QUNIT~TAB 8YBTE~8OLEe RC. QW September 28, 1999 Item #1615 ENDORSES THE SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS APPLICATION FOR FIRST YEAR FUNDING FOR FY 1999-00 AND UPON AWARD, ACCEPT THE GRANT AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF'S OFFICE IMMOKALEE DUI ENFORCEMENT PROJECT Page 166 FORM 5004)~5-01 SAFETY OGC -08~9 PROJECT NUMBER: SEP 2 8 1999 IN WITNESS WHEREOF, the parties a~rm that they have each read and agree to the conditions set forth in Part V of this Agreement, ~,hat each have read and understand the Agreement in its enUrety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED Approved as to form, legality for the Department of Transportation by: Attorney SUBGRANTEE Collier County Board of Commissioners L~ Signature of Authorized Re/resentative Pamela S. Mac' Kie Authorized Representative's Name Typed T~le: Chairwoman, Collier County Co~aission . DWIGHT E. BROCK, B ~~re oray: ~ ~ I I' ~/~} ~t Don Hunter Administrator's Name Typed Title: Sheriff, Collier County NOTE: No whiteout or erasures accepted on this signature page. 17 September 28, 1999 Item #1616 - MOVED TO ITEM #11A2 Item #16J1 AGREEMENT AND BUDGET BETWEEN COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY LEGAL AID SOCIETY, INC. D/B/A THE LEGAL AID SOCIETY OF COLLIER COUNTY, A FLORIDA NOT-FOR-PROFIT CORPORATION REFERRED TO AS "LEGAL AID SOCIETY" PROVIDING FOR PARTIAL FUNDING FOR A LEGAL AID OFFICE IN COLLIER COUNTY Page 167 SEP 8 1999 AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID SOCIETY, INC. THIS AGREEMENT is entered into this _~' day of~g~~ 1999 by Collier County, Florida, a political subdivision of the State of Florid t~'ough its Board of County Commissioners, hereinetter referred to as the "County", and the Collier County Legal Aid Society, Inc., d/b/a/the Legal Aid Society of Collier County, a Florida not-for profit corpor~ion, hereinafter referred to as "Lel~ Aid Society". WITNESSETH: WHEREAS, on luna 16, 1998, the County approved an ordinance providing for partial funding for a legal aid office in Collier County; and, WHEREAS, the Collier County Bar Association has led the loc~ effort to establish the Le~l Aid Society to assist qualified indigent residents of Collier County with family law lelpti problems; end, WHEREAS, the County, in Collier County Ordinance No. 98.57, specifically found that providing funding assistance for the Collier County Bar Association's efforts to establish and n~tintain a legal aid office helps to address a public need and serves a lawful and necessary public WHF__-REAS, the Legal Aid Society is a private, not-for-profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will Mdress the legal needs of qualified indigent residents of Collier County regarding family law lefgd problems; and, WHE~A$, it is in the best interest of the County to enter into a contra~t with the Legal Aid Society to conduct activities in accordance with the terms and conditions sot forth herein; and, WHEREAS, the County, through Collier County Ordinance No. 98-57 has approved service charges/filing fees which are authorized by Florida Statutes to be used exclusively for the purposes of establishin& staffing, equipping, furnishing and operating a lelpti aid office for the representation of qualified indigent residents of Collier County. Specifically, the County has approved a service charge of $10.00 in probate matters, a fee of' $10.00 for each civil action filed in the Circuit Court and a service charge of $10.00 for civil actions in County Court. NOW, THEREFORE, in consideration of' the mutual promises end covenants contained herein, the parties hereto asree as follows. SEP 2 8 999 1. COUISITY FUNDING. Pursuant to Collier County Ordinance No. 98-57, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, the County hereby establishes the attached budget (Exhibit A) for the purpose of assisting with partial funding to establish, staff, equip, furnish and operate a legal aid office for the r~presentation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by the County. 2, COUNTY PAYMENT OF LEGAL AID SOCIETY EXPEI~ITU~.~. Payments for expenditures shall bc made bi-woeldy upon the presm~ation of proper invoices/receipts to the Collier County Finance Department by the Legal Aid Sodety. 3. LEGAL AID SOCIETy__ REOUIREMENTS. In performing this Agreement, thc Ixgal Aid Society shall: representation problems. a. establish, staff, equip, furnish and operate a legal aid office for the of qualified indigent residents of Collier County who have family law legal b. use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the budget attached hereto as Exhibit "A". c. act as an independem contractor in the performance of this Agreement. d. furnish the County Administrator and Clerk of Courts with a ao, mi-anmml (5/15 and 11/15 of each budget year) narrative progress report on thc program as it relates to this agreement. e. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim, Said insurance shall be underwritten by a carrier acoeptable to the County. f. provide the County and the Clerk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all financial ao-tivitie$. The Legal Aid Society shall keep orderly and complete records of its financial acx, ount$ and tln~cial transao'tions involving the funds provided to the Legal Aid Society under this Agreement. The Legal Aid Society shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The provisions of this ~0:9T $6, cji ri:lC; qc44 q,!._c; ~:llq;~nl IH ~ II'llqFl~ SEP;) 8 B99 parawraph shall survive the termination of' this Agreement as to the fiscal years, or poniom thereof, during which this Agreement Is in effect. S. to the extent permitted by law, defend, indemni~ and hold harmless the County from end against all claims, damages, losses end expenses, including reasonable attorn~s fees and costs, arising out of or resulting from the performance by the Legal Aid Society of its responsibilities under this Alp'coment. h. not assign or subcontract any of the services which are the subject of this Asreement without obtaining written consent fi.om the County in advance of said assisnment or subcontracting. Said consent shall not 5e unreasonably withheld by the County. i. not discriminate against any employee or person served under this Agreement on the basis of race, color, sex, sexual orientation, age, reli~on, ancestO,, national origin, handicap or marital status. j. comply with all applicable safety laws, ordinances, rules, relpllations, standards and lawful order of any public authority havins jurisdiction over the matter in question. 4. TERM OF AGILEly. The term ofthis Asreement shall be for a period of one year to begin OctOber 1, 1999 and to end on September 30, 12000, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement real/be renowed upon mutual consent of the pa-ties for two (2) additional terms of one (1) year each. 5. TERIVffNATION OF AGREEMENT. Should either party ~ail to perform under the requirements of'this Agreement, then tho non-breaching party may terminate said Agreement immediately for cause. Either party may terminate this Aip'eement for convenience with 120 day written notice to the othor party. All notices required in this Agreement shall be hand delivm'ed or sent by certified mail, return receipt requested, and sent to the ~ollowing addresses: S0:9T GG, qT H~S ,!.~d q,!.q 'xqNNAIIH ,XlHNNn q~?~b,!./.T~gT SEP 2 8' 1999 Ao {iii Burzynski, Esq,, President Legal Aid Society cYo Burzynski & Pt'euit~ur 1124 Oood]ette Road Naples, Florida 34102 Office ofthe County Attorney 3301 East Tam{ami Trail Building "F", 8th Floor Naples, Florida 34112 7. AMEND~ TO THIS AO.]~EEMENT. Any amgndments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. Waiver by either party of the breach by the other party of any prOvisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. I~ WiTleSS WI~-~EOF, the parties, through their duly authorized repre~entativ~ have executed this Agreement on the dates set forth above. DATED: ATTEST: BOARD OF COUNTY COMMISSIO~RS OF COLLIER COUNTY, FLORIDA s. 90:9I 66, 9T dBS 80d SLS /,BH~OI±O /,IHAOD S~OVLLI~6I SEP 2 B ~ WITNESSES: THE COLLIER COUNTY LEGAL AID SOCIETY. INC. d/b/~/THE LEOAL AID SOCIETY OF COLL~r~-R. COUNTY, a Florida not-for-profit corporation .Jill Burzynski, Esq. President Pr~T~d T~e (corporete se. el) Approved ~s to ~orm ~md legal ~u~i~ie, ncy m to Collier Cldcf AssisUmt Coun~ Attorn~ 90:9'[ 66, 9'~ cIBS 6Od ~Z,Cl ,~.~,':lt.lHN I I H 3, I HNN~ q~2'At~/,/,'~ ~,A~ SEP 2 $199 FY 98/99 Forecest Personal Services S - OI)e~ting Ey4~ nm $ 74,900 Capital Outlay $ Transfer $ Total Approprigtion; $ 74,900 F~v~nu~ Filing Fee $ 100.500 Interea~/IVllscellimeous $ $00 Carry Forward $ Revenue Reserve $ - Total Revenue $ fO~, '000 S $ $ $ FY 99/00 Cun'ent 121,969 121,01~g 100,500 500 26,06g 12%969 : 100,500 5DO (s,too) $ " ~ 12%069" Chan~e ~A ~A ~A ~A N/A I~A NIJ~ N~A EXHIBIT "A" c0:9T 66, 9T September 28, 1999 Item #16Xl - CONTINUED TO OCTOBER 12, 1999 Item #17A RESOLUTION #BAR-99-1 AMENDING FY 1998-99 BUDGET, PUSUANT TO SECTION 129.06(2), FLORIDA STATUTES Page 168 RESOLUTION NO. 99-BAR-1 A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 1998/99 FISCAL YEAR. SEP 2 8 999 WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 1998/99 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the 1998/99 FY Budget described below are approved and hereby adopted and the 1998/99 FY Budget is so amended. FUND INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 136 99-015 233,442 320 99-018 116,200 491 99-023 123,396 123 99-039 7,264 123 99-040 1,150 602 99-053 28,400 115 99-054 28,400 28,400 602 99-057 10,500 602 99-058 40,767 681 99-063 25,200 325 99-072 260,000 70,000 001 99-077 67,200 116 99-078 249,821 080 99-080 16,650 495 99-081 89,985 108 99-082 53,697 114 99-083 53,697 313 99-086 799,529 215,000 239,200 123,396 7,264 1,150 56,800 10,500 40,767 25,200 222,600 249,821 16,650 109,267 40,500 799,529 18,442 (123,000) 107,400 42,000 (19,282) 13,197 28,400 25,200 53,697 - 3_ - FUND BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT INCREASE (DECREASE) EXPENDITURE INCREASE (DECREASE) RESERVES SEP 2 8 1999 INCREASE (DECREASE) INTERFUND TRANSFERS 331 412 115 414 412 040 602 313 151 123 123 123 123 140 681 116 116 190 114 652 496 496 496 313 331 333 334 336 338 339 340 001 138 190 99-087 99-088 99-090 99-100 99-101 99-I16 99-118 99-125 99-129 99-132 99-133 99-134 99-135 99-140 99-143 99-147 99-148 99-149 99-150 99-151 99-172 99-194 99-196 99-201 99-202 99-203 99-204 99-205 99-206 99-207 99-208 99-210 99-214 99-219 50,541 129,827 40,767 1,500,000 212,419 42,200 1,600 3,902,739 2,236,517 404,580 503 791,530 575,770 20,221 1,932 24,684 9,426 200,000 8,355 4,650 2,621 22,039 20,534 164,497 855 19,496 1,600 2,500 2,415 45,000 94,900 189,000 33,000 16,000 48,637 - 2 - 50,541 129,827 40,767 1,500,000 212,419 8,355 4,650 42,200 2,621 22,039 20,534 164,497 855 19,496 1,600 2,940 2,415 45,000 94,900 189,900 36,667 16,000 1,493,301 2,179,935 1,021,263 17,320 258,914 48,637 24,684 20,507 2O0,OOO 1,160 (3,667) 2,409,438 56,582 (616,683) (16,817) 791,530 316,856 20,221 1,932 (11,081) FUND BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT SEP 2 8 1999 INCREASE INCREASE INCREASE (DECREASE) (DECREASE) (DECREASE) INTERFUND EXPENDITURE RESERVES TRANSFERS 602 115 001 111 001 602 144 156 192 101 495 496 496 495 126 001 517 001 431 496 301 188 491 470 470 123 123 123 126 126 410 115 602 193 198 99-232 99-233 99-237 99-240 99-243 99-244 99-246 99-252 99-254 99-266 99-269 99-270 99-271 99-272 99-274 99-281 99-289 99-292 99-295 99-297 99-304 99-305 99-307 99-313 99-314 99-318 99-319 99-320 99-323 99-324 99-339 99-344 99-361 99-377 99-378 135,000 135,000 31,000 30,375 9,000 160,000 10,000 110,000 140,000 3,700 30,375 114,433 2,400 2,400 10,212 32,900 94,322 108,900 41,000 110,000 23,900 34,000 855,300 1,300 29,700 40,000 6,500,000 11,000 11,934 70,000 1,330,400 29,440 505 272,253 428,600 54,200 29,535,500 91,125 94,080 998 135,000 10,212 41,400 7,000 22,150 185,000 10,000 45,000 64,800 41,000 220,000 5,700 140,000 34,000 1,100,000 1,525 29,700 50,000 6,500,000 37,100 11,934 70,000 1,330,400 29,440 505 272,253 428,600 57,900 30,093,400 121,500 7,700 3,398 (10~00) 25,900 (13,150) (25,000) 49,322 44,100 18,200 (244,700) (225) (lO,OOO) (27,000) (557,900) 200,813 135,000 30,375 2,400 - 3 FUND INCREASE (DECREASE) CARRY FORWARD BUDGET OR INCREASE INCREASE AMENDMENT INTERFUND (DECREASE) (DECREASE) NUMBERS TRANSFERS RECEIPT EXPENDITURE SEP 2 8 1999 INCREASE INCREASE (DECREASE) (DECREASE) INTERFUND RESERVES TRANSFERS 111 99-384 800,000 040 99-385 800,000 800,000 117 99-400 1,100 1,100 001 99-403 29,200 29,200 111 99-405 16,347 16,347 001 99-409 36,200 36,200 612 99-414 58,581 58,581 517 99-416 500,000 500,000 119 99-424 55,500 55,500 113 99-428 60,000 60,000 410 99-429 1,281,700 040 99-434 840,510 840,510 414 99-443 1,018,000 123 99-446 21,000 21,000 800,000 263,700 1,018,000 1,018,000 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vote favoring same. ,,::".ATTEST: ';" ~DWIGHT E. BROCK, Clerk .'; .'(';;;'. )~. ,-, ':, DE]50TY ~LERK Approved as to fo~ and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA P~MELA S. MAC KI'I~ / CHAIRWOMAN / ('"'~avid C. Weigel Collier County Attorney - 4 - September 28, 1999 Item #17B - CONTINUED TO OCTOBER 12, 1999 Item #17C ORDINANCE #99-68 RE PETITION PUD-99-17 GEORGE VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING HAMILTON HARBOR, INC. GRANTING A REZONE FROM "PUD" (SABAL BAY) TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HAMILTON HARBOR PUD IN ACCORDANCE WITH AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY, FOR A MARINA LOCATED IN SOUTH NAPLES BAY, ADJACENT TO BAYVIEW PARK Item #17D RESOLUTION #99-380 RE PETITION CU-99-14 TERRANCE KEPPLE OF KEPPLE ENGINEERING, INC., REPRESENTING ANTHONY ROSS, REQUESTING CONDITIONAL USE "4" IN THE C-5 ZONING DISTRICT FOR A CHILD CARE FACILITY LOCATED ON RADIO ROAD, APPROXIMATELY 300 FEET EAST OF AIRPORT ROAD Page 169 SEP 8 1999 RESOLUTION 99-_3_80 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD CARE FACILITY CONDITIONAL USE "4" IN THE C-5 ZONING DISTRICT PURSUANT TO SECTION 2.2.15Va. 3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 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 "4" of Section 2.2.15½.3 in a C-5 Zone for a child 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 Terrance Kepple, P.E., of Kepple Engineering, Inc. representing Anthony Ross, with respect to the property hereinafter described as: Parcel "C", Replat Tract "B", Airport Road Plaza as Recorded in Plat Book 28, Page 4, of the Public Records of Collier County, Florida be and the same is hereby approved for Conditional Use "4" of Section 2.2.15½.3 of the C-5 Zoning District for a child care facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: S£P 2 8 1999 All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials, according to Land Development Code Section 2.2.15 ½.3.4(a). The Site Development Plan shall indicate minimum open space of not less than 30 percent of the total square footage of Parcel "C". All open space to be used by children shall be bounded by a wall, five feet in height, which complies with the applicable provisions of Land Development Code Division 2.8. The child care provider shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code, Chapter 10M-12, effective March 11, 1986, prior to issuance of an Occupational License. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final Site Development Plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ~, 1999. ATT. EST .... ~ ,, . D.~T-:E:'~I~OCK, Clerk '. , ;,.; · :. Approved ~ to Fo~ ~d Legal Sufficiency: M~e M. Student Assist~t Co~ty ARomey g/admin/sue/CU-99-14/RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA B Y:p~~~o m/ an FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-14 The following facts are found: Section 2.2.15~.3.4 of the Land Development Code authorized the conditional use. 2 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 Plan: Yes ~ No B o Co 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~ & egress Yes /~ No Affects neighboring properties in relation to noise, 91are, e~omic 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 wi~h~ district Yes~.~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ! f/FINDING OF FACT CHAIRMAN/CU-99-14 (should not) be recommended for approval CI-IAI RMJ~~ EXHIBIT "A" ,2,800 Nsg'55'17'W PARCEL Proposed Building 4,600 af \ 189.69' SEP 2 8 PARCEL "C" wood N89'56'28'W Drop-off O.R. 220~ PAGES 183B--164~ INGRESS/E:~R£S~ ~ENT 189.50' ~ L___2o. oo'__l · '-- C.U.F.---q I I 24.15' Radio Road Parking Requirements Day Care Center 1 space/teacher 1 space/lO students D a y EXHIBIT "B" Care I Thomas Moore September 28, 1999 Item #17E RESOLUTION #99-381 RE PETITION V-99-12 WILLIAM HOOVER OF HOOVER PLANNING, INC., REPRESENTING PIZZA HUT OF AMERICA, GRANTING AN AFTER- THE-FACT VARIANCE FOR 6.2 FEET FOR PIZZA HUT OF AMERICA LOCATED AT 2013 CR 951 Page 170 RESOLUTION NO. 99- 38~ RELATING TO PETITION NUMBER V-99-12, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. S£P 2 8 999 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 6.2-foot after-the-fact variance from the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", in a C-4 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-99-12 filed by William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6.2-foot after-the-fact variance fi.om the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", of the C-4 Zoning District wherein said property is located, subject to the following conditions: 1. Within 60 days of approval of this variance, the Petitioner shall submit a Site Development Plan to the Planning Services Director. The Site Development Plan shall depict existing conditions, and, in addition to landscaping required by the Land Development Code between the wall and the south property line, the SDP shall depict a single row of a native hedge, three feet in height and planted three feet on-center. SEP 2 8 1999 In the case of the removal of the cooler, or its destruction to an extent equal to or greater than 50 percent of the actual replacement cost of the cooler at the time of destruction, any replacement shall conform to the provisions of the Land Development Code in effect at the time of replacement. BE IT RESOLVED that this Resolution relating to Petition Number V-99-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~----~'g 'TB- day of~, 1999. ,.' ' ~TzEsT:, 'DWIGHT E, BROCK, Clerk APproved as to ~m ~d uega Sufficiency: BOARD OF ZONING APPEALS ltAMELA S. MAC'KIE, ChairWoman Mm'jo~'~ M-. Student Assistant County Attorney g/admin/sue/V-99-12 RESOLUTION C-# Zoning Vacant N ,8~ 15.0,00' C:--~. ~ 1 150.00' I0~20" III I I I_ Exhibit "A" OO96938:) COLLIER COUNTY RECORDED (STATUIOrr FORM-SECll0N 619.02 F.$.) JOHN PAULICH III, PJt~cD c~ mi N. T'"'J---m l~dl -- ~ j~lt{)~dl~, ~ thi~ 15th ,~ o! NoveJmber WILKINSON-MEFFERT CONSTRUCTION COMPANY, a Florida corporation, :45 tflmm~u ~, ~ ~4 Collier . ~ ot Florida PIZZA HUT OF AMERICA, INC.. a Delaware corporation. !_m_~ po~ ol~N~ odd~ ~ s 9111 East Douglas, Wichita, Kansas 67201 ....... (S O.O0) .............................. : ~ ~. d~. M~ a~ ~ ~ ~{lier c~,~. F~. i~wit: A pa~e~ of ~a~ ZyJ~ In Moc~ 75, ~)den ~te ~tt 2. as ~ ~n ~ S. h~s 65 ~ .. incZusive, of ~e ~b~lc ~s of bl:jer County, Florida. ~i~ m~ pm~lcular~y descrl~ as ~S~ at the ~st ~r of said Mock 75, ~n Eest 530.00 f~t ~]ong t~ ~h lt~ of sm~d Bilk 75 to an inte~tion ~ the ~sterXy rtghtef-wm) 1Z~ ~ ~y ~ 9SI a~ t~ ~sterI ·Itne of saLd M~k 75; the~e'~h )~.~ tilt mloflg smtd ~s~r)y right~f-wm) It~ to the KIHT OF BEGIHNING of ~ ~tn descrt~ p~el; ~ ~~ ~h ]50.~ f~ el~ said ~s~r~y rtg~-vmy; ~ ~st ~O.~ f~t; t~nce ~h !~0.00 f~t to the ~ ~J~ of t~se ~a~s ~scr~ tn ~ ~k ~, Pmge 149~, of t~ ~bZic ~o~s of ~]~ier ~ty. F~orSda; ~e~e East ~0.00 f~t 8~o~ sa~d ~ ~ the POI~ OF BEGIHHIHG. ~Jd pa~eZ ~ntmins 33,~0 squa~ flit, ~ or less. ~[CT ~ e~s~nts, ~stri~Jons end ~mtlons of ~. ~ m .......... . ~ . ~ ...... ~Z ~... 'm SEP 2 8 ! I ! ! 1999 ~Am ~ FLORIDA cotu,,'n' (x, COLLIER I ~ ~ ~ Q~l ~ ck~y ~ two. on offk'oc duly quQm~KI ~o take c~nowkckament~, persc~cJfly alpl~amd ~tg L. ~e~, as ~sid~t ~ Wilkinson-~ffe~ ~nst~iofl ~any O~ur y S~mp Tax CG~2i~r Coun Exhibit "B" September 28, 1999 Item #17F RESOLUTION #99-382/DEVELOPMENT ORDER #99-3 RE PETITION DOA-99-02 AMENDING DEVELOPMENT ORDER #85-4, KAREN BISHOP OF PMS,INC., REPRESENTING DEWEY GARGIULO AND MICHAEL PROCACCI, TRUSTEES, AND RONTO DEVELOPMENT GROUP REQUESTING AN AMENDMENT TO THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR THE PURPOSE OF EXTENDING THE DATE BY WHICH TIME SUBSTANTIAL DEVELOPMENT WAS TO HAVE BEGUN, FROM MARCH 11, 2000 TO MARCH 11, 2003 FOR PROPERTY LOCATED ALONG THE BOUNDARY LINE BETWEEN COLLIER COUNTY AND LEE COUNTY Page 171 DEVELOPMENT ORDER 99- 3 RESOLUTION NO. 99 - 382 S,£P 2 8 1999 A RESOLUTION AMENDING DEVELOPMENT ORDER 85- 4, AS AMENDED OF THE PARKLANDS DEVELOPMENT OR REGIONAL IMPACT (DRI), BY PROVIDING FOR SECTION ONE TO AMEND THE DATE THE DEVELOPMENT REMAINS IN EFFECT WHILE EXTENDING THE DATE BY WHICH TIME SIGNIFICANT PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 85-4 as amended (the Development Order) on September 10, 1985, which approved a Development of Regional Impact (DRI) known as Parklands; and WHEREAS, an appeal by the Department of Community Affairs resulted in a settlement which was approved on March 12, 1986 establishing the tolling date for purposes of this Development Order; and WHEREAS, the Board of County commissioners approved Resolution Number 93-288 which amended the Parklands Development Order, on July 27, 1993 having the effect of extending the date from 10 years to 14 years from the date of approval for initiation of significant physical development; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to again extend the time that the development order remains in effect; and WHEREAS, Neale Montgomery, of Pavese, Garner, Havenfield, Dalton, Harrison & Jensen, L.L.P. and Karen Bishop, of PMS, Inc., representing Dewey R. Gargiulo, and Michael Procacci, Trustees, and Ronto Development Group, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on September 2, 1999; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council words underlined are additions; Words struck through are deletions 1 (SWFRPC) and the Collier County Planning Commission petition on September 28, 1999; and S£P 2 8 1999 and held a public hearing on the NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER Paragraph 3 of an untitled section to Development Order 85-4, as amended, the Parklands, is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced w~ ............... year~ by March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant proposes the development of the Parklands on 642.2 acres of land for mixed residential uses and golf course/recreation open space. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designed an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION THREE; CONCLUSIONS OF LAW A. The requested amendment it the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. Words underlined are additions; Words struck tkrcu~k are deletions 2 commencement of development. SECTION TWO: FINDINGS OF FACT SEP 2 8 1999 SECTION FOUR: The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER(S). TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85-4 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over all other applicable previous Development Orders which are in conflict thereof. B. Copies of this Development Order ~[al-,.% shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Bo~d. This Resolution adopted after motion, second and majority vote. Done this ~'~ -~, day of~ 1999. ATTEST: DWIGHT E~:BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ~t~IJA ~. 19IAC'KI~, Chaittrnan / Approved as to Form and Legal Sufficiency 7hc ';th. Ma-rjc(ji-e M. Siu'd~lt Assistant County Attorney UDOA-99-02 Words underlined are additions; Words deletions -3-- are SEP 2 8 1999 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904-488-4925 FORM RPM-BSP-PROPCHANGE- 1 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRo SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I,-Karen Bishop, am the undersigned authorized representative of Ronto Development Group. Mr. Dewey Gargiulo and Mr. Michael Procacci, Trustees, are the owners of the subject property. The owners do hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof; I submit the following information concerning the amendment which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and the Bureau of State Planning, Dep0hrtment of Community Affairs. Dat?/-~ /~ I! ~ F:\WPDATA\NM\RONTO\COLLIER.NOP S£P 2 8 1999 e Applicant (name, address, phone). Ronto Group 3185 Horseshoe Drive South Naples, Florida 34104 (941) 649-6310 Authorized Agent (name, address, phone). Neale Montgomery Pavese, Cramer, Haverfield, Dalton, Harrison & Jensen, L.L.P. 1833 Hendry Street, Post Office Drawer 1507 Fort Myers, Florida 33902-1507 (941) 334-2195 Karen Bishop PMS, Inc. 2335 Tamiami Trail North, g408 Naples, Florida 34103 (941) 435-9081 Location (City, County, Township/Range/Section) of approved DRI and proposed change. The property is located in Section 9, Township 48 South, Range 26 East, Collier County, Florida Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The application is a request to amend the date for commencement of the project. The commencement date was established in the Development Order 85-4, on page 29, paragraph 3. The date for commencement was ten years from the date of development approval. The original DRI DO was appealed, so the date of development approval was subsequent to the September 1985 approval. The applicant would submit that the actual approval date was on or about March 12, 1986 because that is the date the Final Order of Dismissal was filed by F:\WPDATA\NM\RONTO\COLLIER.NOP 2 SE:P 2 8 1999 the Florida Land and Water Adjudicatory Commission. The ten-year period to commence would have expired, under this calculation, on or about March 12, 1996. The time frame for commencement was extended by Resolution 93-288/Development Order 93-1 for a 4-year period. The language was amended to provide that the development would have to commence in 14 years. The time to commence is at the present time, March 12, 2000. The applicant is working to develop its development plans for the property, and preliminary work on the drainage, transportation and other issues is ongoing. The applicant is going forward and spending money in reliance on the DR/DO. The applicant does not want to work through all of the development and permitting issues only to find that they have run out of time. They are also concerned that commencement does not include roads and landscaping. One of the first steps in the development of the project will be the roads, drainage, and other infrastructure. The applicant does not want to find itself with a significant investment in roads and drainage which is definitely commencement from the applicant's perspective, but which isn't commencement from the perspective of the DR/DO, and find it has run out of time to commence. Thus, the applicant is hereby requesting an extension of the commencement date established in the DRI DO for a period of less than seven years. The applicant previously requested a 4-year 364-day extension, but the extension that was actually approved was a 4-year extension. Thus, this request is for a 2-year 364-day extension. That would place the date for commencement at March 11, 2003. Section 380.06(19), F.S. regulates extensions of the build-out date. The applicant is not asking to extend the date for completion of the project, the applicant is merely requesting an extension of the date to commence. The applicant envisions initiating work in the Lee County portion of the project. The pro formas for the project are based on the entire Parklands DR/. The economic feasibility of the project depends upon the ability of the applicant to complete the entire DR/. The actual language change is as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ~ by March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. ® Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. F:\WPDATA\NM\RONTO\COLLIER.NOP 3 SEP 2 8 '1999 There is no need to provide a substantial deviation chart because there is no change to any of the land use types. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no change in the local government with jurisdiction over the project. The DRI DO was previously amended by Development Order 93-1/Resolution Number 93-288. The prior change removed the ',6 section (East ½ of Section 8) of land from the DR.I, adjusted the number of units to reflect the removal of the East ~ of Section 8. The change did not adjust the mitigation to reflect the reduction in impacts. Describe any lands purchased or optioned within ~A mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such tnnd, its size, intended use, and adjacent non-project land uses within ½ mile on a project' master site plan or other map. The owners of the DRI have not purchased additional lands within ¼ mile °fthe original DRI site. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The change is less than 40% of the criteria listed in Paragraph 380.06(19)(b), F.S. 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Yes, the change results in an extension of the date for commencement of development. 11. Will the proposed change require an amendment to the local government comprehensive plan? No, the change will not require an amendment to the comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J=2.025, Florida Administrative Code: F:\WPDATA\NM\RONTO\COLLIER.NO? 4 12. 13. 1999 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The master site plan has not been changed significantly from the Map H on file. Pursuant to Subsection 380.06(19)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a® All proposed specific changes to the nature, phasing, and built-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change: Please refer to the response to question 5. for the precise language. The amending language is restated below: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced -~-itl~,a fora'teen by March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. F:\WPDATA~',{M~ONTOV3OLLIER. NOP 5 September 28, 1999 There bein9 no further business for the 9ood of the County, the meeting was adjourned by order of the Chair at 4:50 p.m. %TTEST: s~DWIGHT/E. BRocK, CLERK BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS COrRaL · ~ ~', ~h~se minutes approved by the Board on preSented jot as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 172 $EP28 1999 [' 9 B RECEIVED JAN 3 1 2000 SETTLEMENT AGREEMENT AND MUTUAL RELEASE NAPLES SERVICE CENTE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (herei~a. ftqr~rjcferred to as "Agreement and Release"), is entered into and made on this ,~Sg:g day of ~:~~, ~ff~ by and between STATE FARM MUTUAL INSURANCE COMPANY, a/s/o MICHAEL Mc CREA and MICHAEL Mc CREA, Individually, (hereinafter referred to as "plaintiffs") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Collier County"). WITNESSETH: WHEREAS, the plaintiffs have initiated and filed a lawsuit on June 30, 1997, against Collier County in the Circuit Court in and for the Twentieth Judicial Circuit, Collier County, Florida, entitled State Farm Mutual Insurance Company. a/s/o Michael Mc Crea and Michael Mc Crea. Individually. vs. Collier Count_, Case No. 97-2219 CA-01-TB; WHEREAS, Collier County received a copy of the aforementioned lawsuit on July 22, 1997; WHEREAS, the substance of the lawsuit filed by the plaintiffs alleges damages due to an alleged failure of employees of the Collier County Transportation Department to properly maintain a traffic control device at the intersection of Golden Gate Boulevard and Weber Boulevard on or about July 3, 1995, in Collier County, Florida; WHEREAS, Collier County denies liability for the claims and damages asserted and alleged by plaintiffs in their complaint; WHEREAS, the parties desire to settle and compromise any and all aspects of the issues raised and disputed in the lawsuit between the plaintiffs and Collier County relating to the damages allegedly suffered as stated in the complaint; NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The parties adopt and affirm the recitals set forth above as true and correct as if repeated verbatim. 2. That Collier County agrees to pay the total of Five-Thousand ($5,000.00) dollars and 00/100 cents to the plaintiffs, representing the total amount due to the plaintiffs for damages allegedly sustained by plaintiffs on or about July 3, 1995, at the intersection of Golden Gate Boulevard and Weber Boulevard, in Collier County, Florida, said amount to be paid in accordance with and subject to the provisions set forth herein. RE~EIVED NAPLES SERVICE 3. The payment of Five-Thousand ($5,000.00) dollars and 00/100 cents shall represent CENTF all amounts due to plaintiffs for the damages alleged in their complaint and will resolve all legal or equitable claims or challenges asserted in said complaint and/or any and all claims or challenges which could have been made by plaintiffs relating to this lawsuit. 4. Payment from Collier County to the plaintiffs shall be accompanied by one lump-sm payment of Five-Thousand ($5,000.00) dollars and 00/100 cents on or before March 31, 2000. 5. No settlement payment has been made by Collier County to the plaintiffs relating to this matter as of this date. 6. Both Collier County and the plaintiffs agree to bear their own attorney's fees and costs associated with and accumulated as a result of the incident alleged in the complaint. 7. In consideration of the payment by Collier County as stated in paragraph three (3) and paragraph four (4) of this Agreement and Release, the plaintiffs hereby remise, release, quit, satisfy, and forever discharge Collier County of any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which the plaintiffs now have, or which they may have in the future against Collier County, that refer, arise from, or in any way relate to the incident alleged in their complaint and/or as a result of this lawsuit. 8. The plaintiffs agree to terminate and forever abandon the claims as stated in their complaint, as well as those filed with the Florida Department of Insurance, relative to this matter at such time as the instant Agreement and Release is approved by the Board of County Commissioners of Collier County. 9. Each of the plaintiffs and Collier County agree that any and all claims which may have emanated from the alleged property damage or injuries sustained by the plaintiffs on July 3, 1995, are precluded by execution of this Agreement and Release and acceptance of payment of Five- Thousand ($5,000.00) dollars and 00/100 cents by Collier County to the plaintiffs. 10. This Agreement and Release shall be construed according to the laws of the State of Florida and any terms of this Agreement and Release may not be changed orally. 11. This Agreement and Release shall be binding upon the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns, and shall inure to the benefit of the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns. 12. The parties have not been influenced in any manner or to any extent to enter this Agreement and Release by any representations or statements of the other parties, or by any person or persons representing any other party. 2 D ' ~RECEIVED SEP 2 8 JAN 3 t 13. All parties hereto understand and agree that there are no oral or other al~6~t~RV~CE CENTE arrangements, representations or understandings between them relevant to the matter encompassed and understood by this Agreement and Release. 14. This Agreement and Release is intended to compromise and resolve all differences and claims between the parties relating to any and all damages incurred by the plaintiffs on July 3, 1995, at the intersection of Golden Gate Boulevard and Weber Boulevard in Collier County, Florida, and the challenge thereto and in no way constitutes a precedent or an admission of any party of liability for any claims of the respective parties. However, should the Board of County Commissioners of Collier County fall to approve this Agreement and Release, the parties are in no way waiving any claim or defense relative to the matter contained herein. The parties also agree that nothing in this Agreement and Release shall preclude or limit either party from enforcing the terms of this documents in the event of a breach by either party. 15. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be effected thereby and such an illegal or invalid part, term, or provision shall be deemed not to be a part of this document. 16. This Agreement and Release sets forth the entire agreement by and between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. DATED"~~ ,,¢,, BROCK, CLERK ',4: ' ' - ' ttest"as to Chat ' signature Lawrence Samuel Pivacek, Esquire Attorney At Law BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE CHAIRWOMAN David C. Weigel, Esqmre ~ Collier County Attorney 3 WITNESSES: Printed/Typed Name Printed/Typed Name Date RECEIVED JAN 3 1 2000 NAPLES SERVICE CENTE~ . . ~ (,igna Mr. Thomas Boethig For State Farm Mutual Automobile Ins. Co. PrintedFFyped Name Mr. Michael Mc Crea (si~e) or S~te F~ Au~ofized Representative ~. ~om~ Boe~ig (signa~e) Pfinte~T~ed N~e Date VERIFICATION PROVISION THOMAS BOETHIG, the duly authorized representative for plaintiff, State Farm Mutual Automobile Insurance Co., in the instant litigation, hereby swears and affirms of his personal knowledge that he has read and understands the Settlement Agreement and Mutual Release, the terms and conditions thereof, and accepts them of his own free will and volition. By execution hereof, THOMAS BOETHIG, swears and affirms that he is one and the same person as the plaintiff, State Farm Mutual Automobile Insurance Co., or is the duly authorized representative thereof, in the instant litigation and attests to the validity and authority of his signature thereto. THOMAS BOETHIG [ 4 SEP 2 8 1999 RECEIVED JAN 3 [ Z[ll][l STATE OF FLOR/DA: COUNTY OF LEE: SS: NAPLES SERVICE CENTER ? The foregoing instrument was a~0mmv!exlged before me this , day of February, 2000, by THOMAS BOETHIG, who ' p~nally knownJ~, me or who has produced as id~ntifie;ati~-~ad~x~ho did take an oath. Signature of Notary Public (Print, Type or Stamp Commissioned Name of Notary Public) VERIFICATION PROVISION MICHAEL Mc CREA, plaintiff in the instant litigation, or his Authorized Representative From State Farm Mutual Automobile Insurance Company, Thomas Boethig, hereby swears and affirms of his personal knowledge that he has read and understands the Settlement Agreement and Mutual Release, the terms and conditions thereof, and accepts them of his own free will and volition. By execution hereof, MICHAEL Mc CREA, or his Authorized Representative, swears and affirms that he is one and the same person as the plaintiff in the instant litigation and attests to the validity and authority of his signature thereto. MICHAEL Mc CREA or AUTHORIZED REPRESENTATIVE STATE OF FLORIDA SS: COUNTY OF LEE The foregoing instrument was acknowledged before me this ?__ day of February, 2000, by MICHAEL Mc CREA, or his Authorized Representative, who is~ersonally knownto me or who has produced , as iden~ifi~iiUon ~ri who did take an oath. Signa~tre of Notary Publi~ (Print, Type or Stamp Commissioned Name of Notary Public) AASTATEFR.M~ETT-AGR. 5