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BCC Minutes 03/09/1999 RMarch 9, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 9, 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: Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 9, 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. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Peter Lyberg, Shepherd of the Glades Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. February 9, 1999. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of March 7-13, 1999 as The 20th Anniversary of the Know Your County Government Week. To be accepted by Rhiannon Ho~veli and Jereme Brancheau. 1 March 9, 1999 2) Proclamation proclainfing March 19, 1999 as A Day In Celebration of Families. 3) Proclamation proclaiming week of March 21, 1999 as Invasive Exotics Control Week. To be accepted by Mr. Bill Lorenz, Natural Resources Director. SERVICE AWARDS 1) 2) 4) 6) Susan Lemay, EMS - 15 years Nan Gerhardt, Parks and Recreation - 10 years Gregory Harrison, Road and Bridge - 10 years Robert Kohl, DOR ~ 10 years Rudy Luna, Water - 10 years Charlie Jackson, Road and Bridge - 5 years C. PRESENTATIONS 1) Recommendation to recognize Sam Poole, Lieutenant Paramedic, Emergency Medical Services Department, as Employee of the Month for March 1999. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Terri Tragesser representing the Greater Naples Civic Association requesting appointment of a Select Committee to develop an Urban/Rural Design Master Plan for Collier County. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 4) Accept the 1999 Tourism Agreement between Collier County and the Marco Island Film Festival, Inc. Initiation of a Conditional Use to allow boat docks as a permitted Principal Use in Block H, Little Hickory Shores, Unit No. 3 Replat. Lynne H. Dreyer, representing the Collier County Medical Society Alliance Foundation, requesting a waiver of the right-of-way permit fee for the closing of Vineyards Boulevard for the Women's Healthweek Race to be held on March 13, 1999. Pete Havran, representing the Naples Airport Kiwanis Club, requesting a waiver of the Temporary Use Permit for a special event held on December 12, 1998 in Golden Gate. Presentation by the State of Florida Division of State, Land Acquisition Section, regarding the State's ongoing efforts to purchase lands in an area of Collier County known as the Southern Golden Gate Estates. 2 March 9, 1999 6) Administrative subdivision and plat approval process. (verbal report by staff) B. PUBLIC WORKS 1) Approve Amendment to the Eagle Creek Sewer Service Agreement. 2) Discussion and action to establish the date, time, location and agenda for a Board of County Commissioners Solid Waste Disposal Workshop. 3) Resolution approving an interlocal agreement between Florida Governmental Utility Authority and Collier County relating to the potential acquisition of the Golden Gate Utility System. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Authorization to Produce and Broadcast a Weekly Thirty Minute Local Government Cable Television Program. E. COUNTY ADMINISTRATOR 1) Discussion and approval of FY2000 Budget Policy. 2) Discussion regarding the satellite government task force. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board of County Commissioners to accept a settlement proposal of $7,500.00 to resolve the case of Marshall v. Collier County, Case No. 97-541- CIV-FTM-24D, now pending in the United States District Court for the Middle District of Florida. B. Recommendation to consider a settlement proposal in the case of Anita Mann, et al. Vs. Collier County, Case No. 98-929-CA, pending in the Twentieth Judicial Circuit court, Collier County, Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Schedule Board of County Commissioners vacation. B. Consideration to approve request from SWFRPC for a letter of support stating the County's interest in remaining an active member of the Economic Development District and supporting the Overall Economic Development Program. C. Consideration of a fee waiver for park fees and beach parking fees for the Marco Sports Festival. (Commissioner Norris). 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 3 March 9, 1999 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) CONTINUED FROM THE MEETING OF FEBRUARY 23~ 1999. Petition PUD-98-17, Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres. 2) Petition R-98-10, Amin Farah, representing Raida Hamdan requesting a rezone from "C-4" to "C-5" for a grocery store and bus stop for property located at the corner of Boston Avenue and First Street (C.R. 846)), further described as Lots 11 and 12, Block 1, Carson's Subdivision in Section 4, Township 47 South, Range 29 East, Immokale, Florida, consisting of 1 +/- acre. 3) PUD-98-22 George L. Varnadoe, EXQ, of Young, van Assenderp & Varnadoe, P.A., representing Clyde C. Quinby, Trustee, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Ibis Cove for a mixed use residential project including assisted living housing and community facilities such as churches, schools, civic and cultural facilities, for property located on the south side of Immokalee Road, east of Gulf Coast High School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of 96.5 + acres. C. OTHER 1) An Ordinance providing for the establishment of more stringent local ethics standards and for enforcement thereof; providing for title and citation; providing for findings; providing for definitions; providing for reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees; providing for lobbyist registration; providing for post-employment restrictions; providing for supplemental provisions; providing for penalties; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. 2) Petition approving with conditions Petition CCSL-99-1, requesting a variance from the Coastal Construction Setback Line to allow 1) dredging of Clam Pass and the Clam Bay System, 2) placement of beach compatible material along the beaches north and south of Clam Pass, and 3) placement of non-compatible material in created containment basins in the back dune area north of Clam Pass (in the Collier County owned conservation area), located within the Pelican Bay Planed Unit Development (see exhibit for legal description) Sections 4,5,8,9,32 & 33, Township 49 South, Range 25 East, Collier County, Florida. 13. BOARD OF ZONING APPEALS 4 March 9, 1999 A. ADVERTISED PUBLIC HEARINGS 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) Lien Resolutions - Code Enforcement Case Nos. 80615-005 William D Roberts, Deceased, Robert A Roberts and Richard H Roberts, Co-Trustees; 80615-006 William D Roberts, Deceased, Robert A Roberts and Richard H Roberts, Co- Trustees; 80714~042 Hubert & Christa Hein % William Scherer; 80723-073 James & Beatrice Bruskay; 80723-074 James & Beatrice Bruskay 2) Request to approve for recording the final plat of "Quail Walk Phase Four" and approval of the performance security. 3) Request the Board review and approve a Road Impact fee refund in the amount of $1,738.00. 4) Request to approve for recording the final plat of "Catamaran Court at Tarpon Cove" and approval of the performance security. 5) Request to approve for recording the final plat of "Venezia at Grey Oaks" and approval of the performance bond. 6) Authorization of a 100% waiver of impact fees for one house to be built by Jill J. Weaver at 3411 Basin Street in Sable Shores Subdivision, Collier. 7) Authorization of a 75% deferral of impact fees for one house to be built by Juan Rodriguez and Marta Rodriguez at 4560 Dominion Drive in Collier County. 8) Authorize the Chairwoman to sign the application for the Florida Department of Environmental Protection Artificial Reef Grant. 9) Adoption of a resolution to support the Immokalee community's efforts to receive State funding to support the economic revitalization efforts underway in the Designated Federal Enterprise Community. B. PUBLIC WORKS 1) Authorize funds for professional services to perform the Third Year of Post- Construction Monitoring Requirements for the Collier County Beach Restoration Project. 2) Approve a contract change order for Advanced Lawn and Landscaping which exceeds ten percent of their current contract amount. 5 March 9, 1999 3) Award Bid No. 98-2906, purchase & delivery of organic and inorganic mulch. 4) Approve a Budget Amendment to provide funding for right-of-way acquisition and design services for the Airport-Pulling Road Six Lane Improvement Project No. 62031; CIE No. 055. 5) Approve Work Order #ABB-FT-99-1 with Agnoli, Barber and Brundage, Inc. to perform an evaluation of the origin of rocks on the Naples and Collier County Beaches. 6) Approve award of Annual Agreements for Roadway Contractors' Services on an as-needed basis (RFP 98-2905). 7) Request to install pedestrian barrier handrail along Airport-Pulling Road at Pelican Marsh Elementary School. 8) Request that the Board of County Commissioners authorize a time of day waiver to the Code of Laws and Ordinances of Collier County, Florida, in conformity with Section 54-89 of the Code for the Dredging Activities related to the Clam Bay Restoration and Management Plan. 9) Approve final ranking of consultants for engineering services for the South County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP #98- 2891, Project No. 70054. C. PUBLIC SERVICES 1) Approval for a Resolution authorizing expenditure of funds for a picnic to recognize Collier County Board of County Commissioners employees. 2) Award the exotic vegetation removal (#98-2892) at Collier County Parks. 3) Approval of a budget amendment to pay for tipping fees associated with the removal and disposal of an unsafe building located at the South Immokalee Park. 4) Authorization of an amendment to the contract between Collier County and the Aggressive Skaters Association. D. SUPPORT SERVICES 1) Recommendation to Declare Certain County-Owned Property as Surplus and Authorize Sale of Surplus Property. 2) Approval of an Agreement for the Publication of a County Government Information Guide. 3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 4) Report and Recommendations Concerning the Selection of Consultants. E. COUNTY ADMINISTRATOR 1) Budget Amendment Report 6 March 9, 1999 F. BOARD OF COUNTY COMMISSIONERS G. 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.: 98-06739MMA, 97- 02907MMA, 98-02083MMA, 98-06890MMA, 98-00602MMA, 98-01586MMA, 98- 00887MMA, 97-06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98- 01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98-05261MMA, 97- 09216MMA, 98~03302MMA, 98-07243MMA, 98-08332MMA, 98-03588MMA, 97- 10326MMA, 98-05457MMA, 97-03556MMA, 98-03496MMA, 97-05466MMA, 98- 04502MMA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY J. MRPORT AUTHORITY 1) Approve a Budget Amendment that will recognize a $189,000 grant reimbursement from the United States Department of Agriculture (USDA) and will re-appropriate $189,000 borrowed from other Airport capital projects. 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 WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition CU-98-9 Blair Foley, P.E. of Coastal Engineering Consultants, Inc., representing Thomas Hawkins, requesting Conditional Use "5" of the "E" Estates Zoning District for a senior independent assisted care living facility per subsection 2.2.3.3. of the Land Development Code for property located at 2101 County Barn Road, in Section 8, Township 52 South, Range 26 East, Collier County, Florida, consisting of 9.63 +/- acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 March 9, 1999 March 9, 1999 Item #3 REGULAR, SUMMARY AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call the meeting of the Board of County Commissioners of March 9th, 1999 to order. We're honored to have today Reverend Peter Lyberg from the Shepherd of the Glades Lutheran Church to lead us in the invocation, after which, if you'll remain standing, we'll have the pledge. REVEREND LYBERG: Oh, Lord, our God, great is your name and glorious your love and mercy. We are so very thankful for blessings of home and family, community and nation, for heritage and potential, for sacrifices and laborers of so many preceding us to this day and place. Grant unto us freedom tempered by responsibility, caring embodied in action, diversity balanced by unity, common sense effectively directed, speaking enlightened by listening, unexpected joys and challenges to brighten our daily walk. Grant unto us strength to overcome adversity, and humility to recognize how much others play in the good things of our life; forgiveness for error and insight for wise steps into each new tomorrow. Grant us all those things and whatever else that we have need of in our life, oh, Lord; in all the endeavors of the Collier County Commission and the community for which we are thankful and to which we seek to give our best, as we strive to live our best. With praise and grateful hearts we begin this day and this meeting, that both may give peace and joy to many. In your loving name, oh, God, we pray. Amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Thank you very much, Reverend. I'm afraid to ask, but it looks like we have some changes to the agenda today. MR. FERNANDEZ: Good morning, commissioners. The changes are as follows: The first is to add item 5(A)(4), which is a proclamation recognizing Days of Remembrance of the Victims of the Holocaust. The next is to add item 8(A)(7). This is a petition -- I'm sorry, this is a request to approve for recording the final plat of Pelican Strand replat tract 15 and approval of the performance security. Staff's request. The next is add item 8(A)(8), which is petition VAC-99-006, to disclaim, renounce and vacate the public's interest in a parcel of land conveyed to Collier County as a utility easement, located in Crown Pointe Shores III Condominium. This is staff's request. The next is to add item 8(B)(4), which is to accept a canal easement from Investors Real Estate Southwest, Incorporated, at the request of Commissioner Mac'Kie. Page 2 March 9, 1999 I'd like to request the deletion of item 10(A), scheduled Board of County Commissioners' vacation, request of Commissioner Constantine. I'd like to move item 16(D)(4) to 8(D)(2). This is a report and recommendations concerning the selection of consultants. Staff request. That item should have been on the regular agenda originally. The next under board communications, the request is, I believe, to add the discussion regarding the process of adoption of the density reduction plan, at the request of Commissioner Mac'Kie. Under staff communications, add the discussion of proposed date for sales tax workshop, which is April 13th, at the request of the board. Also, a note for the agenda, just to correct the language. Item 8(B)(2) should read discussion and action to establish the location and agenda for the Board of County Commissioners' solid waste disposal workshop. The date and time of that meeting had previously been set, so that should not be part of the agenda item. CHAIRWOMAN MAC'KIE: Okay. Commissioner Berry, any changes? COMMISSIONER BERRY: Nothing. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: No. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: No, ma'am. I'll make a motion we approve the consent agenda, summary agenda and regular agenda as amended. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 3 ~_GEND4 CHANGES BOA~ ..OF COU. NFY COMMISSIONERS' MEETING ~MARCH 9. 1999 ADD:. ITEM 5(AKAI 'T PROCLAMATION ~ECOaNIZING "~AYS O~ REMEMBRANCE OF FIlE VICTIMS OF THE HOLOCAUST" (BCC REQUEST). ADD: 1FEM $(A)(TJ -_ .REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN STRAND REPLAT TRACT 15" AND APPROVAL OF THE PERFORMANCE SECURITY (STAFF'S REQUEST), ADD: ITEM 8(A)(8) ~ PETITION VAC 99-006 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN A PARCEL OF LAND CONVEYED TO COLLIER COUNTY A$ A UTILITY EASEMENT, LOCATED IN CROWN POINTE SHORES Ill CONDOMINIUM. (STAFF'$ REQUEST). ~D.D: ITEM 8(BI(4J - ACCEPT A CANAL E, ASEMENT FROM INVF, XTORX REAL ESTATE SOUTHWEST, INC. (COMMISSIONER MAC'KIE). DELETE:. ITEM IO(AJ - SCHEDULE BOARD OF COUNTY COMMLTMONERS' VACATION. (COMMISSIONER CONSTANTINE). MOVE: ITEM 16(D)(4) TO l(D)(2) ~ REPORT AND RECOMMENDATIONS CONCERNING THE SELECTION OF CONSULTANTS (STAFF'X REQUEST). BCC COMM.U. NICA TIONS L DISCUSSION REGARDING THE PROCESS OF ADOPTION OF THE DENSITY REDUCTION PLAN (COMM!$SIONER MAC'KIE). $_T,~FF COMMUNICATIONS l. DISCUSSION OF PROPOSED DATE FOR ~ALES TAX WOILKSHOP (APRIL IJrs). ITEpI 8(R)(2) SHOULD READ: DISCUSSION AND ACTION TO ESTABLISH THE LOCATION AND AGENDA FOR THE BCC SOLID WASTE DISPOSAL WORKSHOP. March 9, 1999 Item MINUTES OF THE FEBRUARY 9, 1999 REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we approve the minutes of February 9, 1999. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF MARCH 7-13, 1999 AS THE 20 ANNIVERSARY OF THE KNOW YOUR COUNTY GOVERNMENT WEEK - ADOPTED Our first proclamation, Commissioner Norris. COMMISSIONER NORRIS: Thank you, Madam Chairwoman. Could I have -- who's coming up? We have Rhiannon Howell and Jereme Brancheau. If we could get you to come right up here, we're going to put you on camera; switch over to the CNN worldwide feed. Face the camera out there while I read this proclamation for you. WHEREAS, county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and WHEREAS, an increased knowledge of how various aspects of county government work and enhance an individual resident's quality of li fe in Collier County; and WHEREAS, it is desirable for all county residents to be knowledgeable of the county's government and how it works; and WHEREAS, the League of Women Voters of Collier County, Collier County 4-H and the Collier County public schools have cosponsored the Know Your County Government teen citizenship program for 20 years. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of March 7th to the 13th, 1999 be designated the 20th anniversary of the Know Your County Government Week. Done and ordered this 9th day of March, 1999 by the Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. And Madam Chairwoman, I'd like to move that we accept this proclamation. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. Thank you. (Applause.) MR. BRANCHEAU: Good morning. My name is Jereme Brancheau. Page 4 March 9, 1999 MS. HOWELL: Mary Ann Howell. MR. BRANCHEAU: From Naples High School. We wish to thank the commissioners, county administrators and all the county divisions and department heads, the constitutional officers and the Collier County public schools and the 4-H League of Women Voters who worked together to make the Know Your County Government program possible. 26 of our peers from throughout the Collier County are participating in representing Naples, Barron Collier, Lely, Immokalee and Gulf Coast High School, as well as home schoolers. MS. HOWELL: Some of the things we have learned in the Know Your County Government program are about the people who govern our county; you, the commissioners, and our county administrator. During the past few weeks, we have toured several government facilities, such as the Animal Control Center, Waste Management, the North Collier Water Facility, the South Water Treatment Plant, the Collier County Museum, the Health Department, and Immokalee. At the Animal Control Center, we learned the different techniques used to capture potentially dangerous animals. We heard the objectives that the Waste Management has for the next few years, such as the growing population of Collier County and the effect it has on our environment. We learned the testing processes used to treat our water, and history of Collier County. We were taught the importance of the Health Department and their goal to keep us free from disease and healthy. Visiting the Sheriff's Office, we saw a variety of duties performed by the employees. While we toured Immokalee, we experienced a better understanding of the community and how it was developed and their expansion ideas for the future. MR. BRANCHEAU: We realize that Collier County faces several issues concerning its citizens such as traffic, pollution and developmental expansion; also, the growing industry of tourism. We enjoyed visiting and touring the level of government that affects us most, our Collier County government, and we're looking forward to eating lunch with our commissioners. CHAIRWOMAN MAC'KIE: As are we. MR. BRANCHEAU: Thanks a lot. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Just quickly, before our next proclamation, I need to announce that if you're here for an item on the agenda that's number 16 or number 17, anything that was the consent agenda or the summary agenda, you need to know that that item has already been passed and you don't need to waste your time sitting around here in the room. I just wanted to make that announcement. And also, I was supposed to announce that the dates for the Land Development Code public hearings have been set. Wednesday, May 26th at 5:05, Wednesday, June 16th at 5:05. Page 5 MAR (! 9 tqqg PROCLA,tfA TION WHFREA~, courity governmerit /s o complex ond multifoceted process which offerrs the I/yes of oil residerits of Collier Courity; ond, WHFREA~, on increosed knowledge of how vor/ous ospects of county 9over~merit work cori erihd~ce or//rid/v/duo/res/de~t~ qUol/ty oF life in Collier County; ond, WHEREAa, /t is desirable for oil county residents to be knowledgeable of the county~ 9overnment ond how it works; ond, WHEREA~, the County, Collier 5chools have Teen NOW be the week b ONE AND COUNTY, FL ORZDA ' P MEALA ~ MA~AN March 9, 1999 Item #5A2 PROCLAMATION PROCLAIMING MARCH 19, 1999 AS A DAY IN CELEBRATION OF FAMILIES And then we'll have a proclamation from Commissioner Berry. COMMISSIONER BERRY: Yes, ma'am. Is Mrs. Little here this morning, please? Good morning. If you'd come up and turn around and face -- so everybody can see you. MS. LITTLE: This is Susan Bellow (phonetic), one of our chairmen. COMMISSIONER BERRY: Okay, very good. I'm sorry, I didn't have your name, so I -- we're pleased to have you with us this morning. This proclamation is a proclamation, A Day in Celebration of Families. WHEREAS, the health of the family ultimately affects how we function at home, at work and in our community; and WHEREAS, in Collier County our families are at risk facing unprecedented challenges and changes, balancing work and family, more single-parent households, escalating domestic violence, issues of child care and elder care, parenting teen and teenage parents, media saturation and early maturation; and WHEREAS, in Collier County and the nation families face it alone as nearly three-quarters of all Americans do not know their neighbors; and WHEREAS, the Collier County Medical Society Alliance has presented a week-long educational and community service program for Collier County for the past three years; and WHEREAS, this year's activities consist of an outreach to the public and private schools of our county, offering an interaction with children and community to produce award-winning art representing what families mean to them being displayed on this day; and WHEREAS, our theme, A Celebration of Families, highlights the need for our community to focus on community awareness, education and support of important health care issues for our families; and WHEREAS, the members of the Collier County Medical Society and Alliance will lead the effort to urge local citizens to search for ways we can all help make the family structure stronger. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 19th, 1999 be designated as A Day in Celebration of Families. All citizens are urged to actively support the family mission in our county for the ultimate goal of improving the quality of life for all. Done and ordered this 9th day of March, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. At this time I'd like to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) Page 6 March 9, 1999 CHAIRWOMAN MAC'KIE: Passes unanimously. MS. LITTLE: Good morning. Thank you very much, the Board of Commissioners, and -- CHAIRWOMAN MAC'KIE: Would you identify yourself for the record for the court reporter? MS. LITTLE: My name is Viora Little, and I'm one of the chairman of the Women's Health Week this year. Susan Bellow is also here with me. And we thank you very much for this opportunity. Family life sure has changed, and we all know that, powerfully and dramatically. Today's families, as you've already heard in the proclamation, face unprecedented challenges and changes in their form and their functions. And I'm not going to elaborate on what we said in the proclamation, but I have some statistics for Collier County that we felt were imposing and the reasons that we are trying to present this family issues (sic). 101 of their -- 101 reports of intentional injury, and they were filed in the Collier County public schools from grades pre-K to 12, 101 reports, I mean, in the public schools. So this is a form of abuse, okay? In 1997, there were 358 births to young girls between the ages of 15 and 19. Over 16 percent of these teenagers have prior births, okay. Domestic violence crimes in 1997, totaling 1,977, including five murders, 35 cases of forceable rape and 286 aggravated assaults accounted for one-third of such violent crimes in Collier County. I mean, it's scary. Collier County Public Health Department reports 8th, 9th and 10th leading causes of death respectively are cirrhosis of the liver, HIV and suicide. Of the 33 suicide deaths in 1997, many are elderly and dying of starvation. In 1997, Project Help answered 53 suicide attempt calls. 94 such calls have been received in the first eight months of 1998. CHAIRWOMAN MAC'KIE: 94? MS. LITTLE: 94. CHAIRWOMAN MAC'KIE: Wow. MS. LITTLE: 94. First of all, I'd like to personally thank Tim Constantine. He was one of our helpers in evaluating and assessing the artwork that was chosen. The kids in Collier County public schools wrote little -- did some artwork on What a Family Means to Me. They'll be on display on March the 17th. If it's okay with you, I'm going to leave some information out front for the workshop that we're going to be having next week. In the paper today, in the Neapolitan section is a beautiful article on Lucy Arnez, who is talking about what a family -- what her family meant to her in her history, along with the Cubby Institute is coming next week on Wednesday to do an all-day workshop. Stephen Cubby wrote The Seven Highly Effective Habits of Families. Ned Townsend, who is one of his leadership coordinators, is coming to our event at the Ritz-Carlton next week. Page 7 March 9, 1999 I'd like to read a message from the chairwoman of Women's Health Week: Family is the center of life's meaning. We know that the health of the family intrinsically affects how we function at home, at work and in our community. Today's families face unprecedented challenges and changes, balancing work and family, rising domestic violence in single-parent homes, child care and elder care, parenting teenagers and teenage parents, media saturation and early maturation. All largely they face it alone, because nearly three-quarters of all Americans don't know their neighbors. But together we can make a difference in our community. Information and education are powerful tools in promoting change, providing support in creating healthy families for everyone's benefit. We thank you all for your support and we ask you to all join us in A Celebration of Families. Thank you. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) Page 8 HAR 0 9 !99~ PROCLA~fA TZON 141HEREAS, the '~ealth" of the family ultimately affects how we function at home, at work and in our community; and, 14/HEREAS, in Collier County, our families are at risk, facin9 unprecedented chollenges and changes: boloncin9 work and' family, more single parent households, escolotin9 domestic violence, issues of child core and e/dee cape, parentin9 teens and teenaBe parents, media satuPation and early maturation,' and, WHEREAa, /n Collier County and the nation, families face it done, as nearly t of a// Americans do not know their neiBhbors; and, WHEREAS, The Collier County/Medical 5ociety Alliance has presented a week /on9 educational and community service proBram for Collier County for the past three years,' and, 141HEREA~, this years to the Public and Private Schools o with children and what families PVHEREA~, need for our to ...... and support 14/HEREAS, will to can all NOW the of FA/MILZE5 A# dtizens ore urBed to actively support the family minion in our , county for the u/t/mate 9ool of improvin9 the quality of life for o//. DONE AND ORDERED THZa 9th Day of/March, 1999. BOARD OF COUNTY CO/M/MI55IONER5 COLLIER COUNTY, FLORIDA I:~N~ELA 5. I~ACKZE, CHAZRV~ON~AN/ b ~Z~T ~ 8ROCK: 'CLERK~ March 9, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE WEEK OF MARCH 21, 1999 AS INVASIVE EXOTICS CONTROL WEEK - ADOPTED CHAIRWOMAN MAC'KIE: And Commissioner Carter has a proclamation this morning. COMMISSIONER CARTER: Yes. Is Bill Lorenz here this morning? Our chief stomper-outer of exotic plants in the county. This proclamation is: WHEREAS, the quality of life and economic and ecological well-being of Collier County are significantly dependent on the County's natural resources; and WHEREAS, invasive exotic plants pose a significant threat to the County's natural resources, with certain plants causing safety and health problems to County residents; and WHEREAS, the county -- Collier County has budgeted $315,000 for invasive exotic plant removal for fiscal year '98 and '99, and will be removing invasive exotic plants from the County-owned properties during the week of March 21 to March 27, 1999; and WHEREAS, the City of Marco Island, the City of Naples and the Rookery Bay Natural Estuarine Research reserve will be conducting invasive exotic plant removal projects during the week of March 21, 1999; and WHEREAS, between March 22 and March 26, 1999, the Conservancy of Southwest Florida will host a series of displays highlighting problems caused by invasive exotic plants in the region. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 21, 1999 be designated as Invasive Exotics Control Week. Done and ordered this 9th day of March, 1999. Board of County Commissioners, Collier County, Florida. Pamela S. Mac'Kie, Chairwoman. I move that we accept this proclamation, Madam Chair. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: All in favor, say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: It passes unanimously. MR. LORENZ: For the record, Bill Lorenz, natural resources director. Just to -~ just very briefly, first, I would thank the commission for adopting the proclamation; and especially for budgeting almost a million dollars for the past five years for invasive exotic plant removal within Collier County. The proclamation speaks for itself. There are a number of participating agencies that had been involved with a number of activities during this week: The City of Naples, City of Marco Island, The Conservancy, Rookery Bay Estuarine Preserve. The county will also be conducting a number of activities during this week in terms of removing invasive exotics on county property. Page 9 March 9, 1999 And also, the extension services will be developing a number of informational activities as well, jointly with the solid waste department for even -- for a mulching composting exhibit that will be conducted. We'll have a number of public awareness activities. We have developed a multi-colored brochure, which is in the printer, to provide information to the public on invasive exotics, to be able to identify them. Soon we'll have our Web site up and running to provide additional information for the public. And just let me conclude with a 60-second public service announcement that has been developed by the staff, Laura Seib of Channel 54. (A video was shown.) CHAIRWOMAN MAC'KIE: Great job. Great job. Thanks for that. Page 10 PROCLArA TXOIV HIN~R~A~, fhe quolity of life ond fhe ~conomic ond 8cologicol weH bsin9 of Coilis? Coun~ ?~ourc~,' ond, ~~A~, invosiv~ ~ofic plonfs pos8 o significonf no~urol r~ourc~ wi~h c~r~oin ~lon~s cousin9 sof~ ond h~oHh problems ~o Coun~ r~iden~s,' ~Me~eAa, Collier Coun~ hos budgeted ~315,~ for invosiv8 ~ofic plont Pemovol fop Fiscol Y~P 98/99 ond will be Pemovin9 invosive ~otic plonts fPom Count-owned pPop~Pfies duPin9 th~ we~k of ~oPch 21- ~occh 2~ 1999,' on~ WHEREAS, the City of A4occo of Noplss, ond the Rookecy Notionol conductin9 invosiv8 exotic 2Z, 1999; WHEREA.5, of pPob/ems NOW .f EXOTICS DONE AND FLORZbA PAMELA S. MACK.I~E, CHAIRWOi b Wl' ~ ~ E.. 4gR~ March 9, 1999 Item #5A4 PROCLAMATION RECOGNIZING "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" - ADOPTED The next thing that we have is a proclamation to be accepted by Mr. Bill Doty. He's the director of communications at Florida Gulf Coast University. Thank you for being with us this morning. If you'd just join us here while I read this proclamation. WHEREAS, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and WHEREAS, the people of Collier County, Florida should always remember the atrocities committed by the Nazis so such horrors are never repeated; and WHEREAS, the people of Collier County, Florida should continually rededicate themselves to the principle of equal justice for all people; and WHEREAS, the people of Collier County, Florida should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish; and WHEREAS, the week of March 22nd, 1999 has been designated by Florida Gulf Coast University as Holocaust Remembrance Week to remember the victims of the Nazi Holocaust, known internationally as -- and you're going to have to help me -- Yom Hashoah? Oh, good, then -- my apologies, I should have checked ahead of time -- and WHEREAS, it is appropriate for the people of Collier County, Florida to join in the commemoration; and WHEREAS, students, faculty and communities of Southwest Florida will commemorate the Holocaust Remembrance Week at Florida's newest institute of learning, Florida Gulf Coast University. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 22nd through 26th, 1999 be designated as Days of Remembrance of the Victims of the Holocaust in memory of the victims of the Holocaust and in the hope we will strive always to overcome prejudice and inhumanity through education. Done and ordered this 9th day of March, 1999, Board of County Commissioners, Pam Mac'Kie, Chairwoman. I'm pleased to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: I bet there's somebody in the room that could tell me how to pronounce that. MR. DOTY: Thank you, very much. I appreciate the -- your efforts this morning. And we at Florida Gulf Coast University Page 11 March 9, 1999 appreciate the support that we have received consistently from the Collier County Commissioners, as well as all the citizens of Collier County. We are proud to be in our second year of operation. It seems like both it has passed very slowly and very quickly both at the same .time. Florida Gulf Coast University is over 3,000 students strong, we have 500 faculty and staff working there every day. We are growing our programs, as well as our physical buildings, continuing that growth pattern. But it's hard to believe that just in our second year we're already at a time of transition as well. Many of you are aware, I'm sure, that Dr. Roy McTarnigan, our founding president, will be stepping down in May. People ask me, why is he stepping down after just two years? Well, he has been working on this project for 10 years now, and he's going to go on and do some other things. But he wanted me to also convey his personal thanks to the members of the commission for the opportunity he's had to work with you throughout these years here in Southwest Florida, and I think we're all in agreement what a wonderful job he's done in creating this institution. When you issue this proclamation, you are recognizing just a very small type of the academic programs that Florida Gulf Coast University offers. This program is outside the classroom. Technically it is organized by our students themselves. They generated this whole project. This is the second year we've held a Holocaust Remembrance Week. And it has just started to grow and flourish as one of the primary celebrations and remembrances at this time of year. While Florida Gulf Coast University serves a diverse range of students, I am pleased at the presence of some of the young faces here in the several rows of your chamber here today, because while we serve a number of students, I think it's the young people that really remind us day in and day out why we at the university do what it is that we do, and I'm sure the same holds true for you. So again, on behalf of Dr. McTarnigan, thank you for this this morning and we appreciate your support. CHAIRWOMAN MAC'KIE: Absolutely. Thank you. (Applause.) Page 12 MAR 0 g F3g P OCLAI A TIOAI WHEREAS, from Z 933 to S945, six million ~Tew$ were murdered in the Nazi Holocaust as port of a systematic program of 9enocide, and m/l/ions of other people per/shed as v/el/ms of Nazisre; and, the people of Collier County, F/or/do should a/ways remember the atrocities committed by the Nazis so such horrors are never repeated; and, WHEREAS, the people of Collier County, Florida should continually rededicate themselves to the principle of equal justice for all people; and, N/HEREAS, the people of Collier County, Florida should remain eternally vigilant against all tyranny and recognize that bigotry provides a breedin9 ground for tyranny to flourish; and, IYHEi~EAS, the week of ~fo~ch 22, 1999 has been designated by Florida 6ulf Coast ~Veek to remember the victims of as Yam HIHEREAS, it to join in ". ............. . ........ HIHEREA~, Florida w/l/ newest ~.~ ~:..:.,..,~ of and, NOW of of Floc..~, 'March 22 be designated as DA Y5 OF HOLOCAUST /n memory and/n the hope we will strive always inhumanity through education. DONE AND OI~DERED THIS 9fh Day of 44arch. 1999. 80ARD OF COUNTY COAfMISSIONERS COLLIER COUNTY, FLORIDA P M E LA A 5'~ CMA' K~ A TTE5 T: DH/I ' T E. BR~ March 9, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: Commissioner Constantine has some service awards for us this morning. COMMISSIONER CONSTANTINE: Madam Chairman, it's my honor and privilege to provide service awards for five of our county employees this morning. First we have Charlie Jackson who is, I believe, with road and bridge and has been with us for five consecutive years. (Applause.) COMMISSIONER CONSTANTINE: Also from road and bridge, but with us for 10 consecutive years, Greg Harrison. (Applause.) CHAIRWOMAN MAC'KIE: Commissioner Norris likes to say that's a good start, Greg. COMMISSIONER CONSTANTINE: Also with 10 consecutive years, Robert Kohl. (Applause.) COMMISSIONER CONSTANTINE: Department of Revenue; is that right? MR. KOHN: Yes. COMMISSIONER CONSTANTINE: Supplying water to the fine citizens of Collier County, and celebrating 10 years of service with us, Ray Luna. (Applause.) COMMISSIONER CONSTANTINE: And a relative newcomer to EMS, 15 years, which if you know EMS is a relative newcomer, Susan Lemay. (Applause.) COMMISSIONER CONSTANTINE: Thank you, Madam Chairman. Item #5Cl SAM POOLE, LIEUTENANT PARAMEDIC, EMERGENCY MEDICAL SERVICES DEPARTMENT RECOGNIZED AS EMPLOYEE OF THE MONTH FOR MARCH, 1999 CHAIRWOMAN MAC'KIE: Now if we could have a Sam Poole come forward. Sam is a lieutenant paramedic in the Emergency Medical Services Department, and he's being recognized as the employee of the month for March, 1999. (Applause.) CHAIRWOMAN MAC'KIE: Lieutenant Sam Poole has been employed with Collier County since 1988. His initiative and resourcefulness have made him a valuable asset to the EMS Department, as well as to Collier County. Among his many responsibilities, Sam is charged with fit testing of High Efficiency Particulate Air filter masks, protecting emergency air personnel from particulate contamination and compu -- I'm going to Page 13 March 9, 1999 start over -- protecting emergency medical personnel from particulate contamination and communicable diseases, such as Tuberculosis. He produced a blood-borne pathogen, an OSHA safety curriculum, and has dedicated countless hours to training his EMS colleagues. Sam also developed an innovative device for securing endotracheal tubes, reducing the cost of replacing the items by one-third. On his own initiative, Sam painted the emergency services facilities in Immokalee. In July, 1998, Sam received accolades for recognizing a hazardous situation during a structure fire in Golden Gate, and taking swift action that prevented serious injury and possible death of several firefighters. Due to his dedication, high personal standards and many accomplishments, Lieutenant Sam Poole has been chosen as Collier County's March, 1999 employee of the month. (Applause.) CHAIRWOMAN MAC'KIE: And a letter for your file and a check with our sincere gratitude, Sam. Thank you. COMMISSIONER CARTER: Great family you have back there, Sam. I saw them applaud. CHAIRWOMAN MAC'KIE: They should be proud. I'm sure they are. Item #TA TERRI TRAGESSER REPRESENTING THE GREATER NAPLES CIVIC ASSOCIATION, REQUESTING APPOINTMENT OF A SELECT COMMITTEE TO DEVELOP AN URBAN/RURAL DESIGN MASTER PLAN FOR COLLIER - STAFF TO PLACE THIS ITEM ON AN UPCOMING AGENDA (CONSENSUS) And now, just to prove to the students who are here today that we do actual work and not just make proclamations and thank people for their service, we're going to move on to public petitions, where the first one is Terri Tragesser -- I'm sorry, the only one today, Terri Tragesser, representing the Greater Naples Civic Association with a very important request for the County Commission. MR. COOMES: We'll be sharing this proposal. CHAIRWOMAN MAC'KIE: And identify yourself for the record. MR. COOMES: Yes, thank you. Good morning, Chairwoman, commissioners, I'm Jerry Coomes, past president of FOCUS and today representing Greater Naples Civic Association. You may recall that a year ago, almost to the day, we sat in the Northern Trust board room and heard the final FOCUS report to the public. And the proposal that you have before you today to create a select committee on community character represents an effort to implement the FOCUS goals that a signature number of people who participated in the FOCUS process designated as the most important. In summary, the purpose of the select committees would be to deliver a comprehensive urban rural design master plan to the county commission for its approval. Page 14 March 9, 1999 It's apparent that the commission and staff have been moving in this direction for the last several years, with the adoption of commercial design standards, accelerated construction of media landscaping, and serious consideration of a density reduction proposal. You've made excellent progress, but we think now is the time to take the final step to deliver a comprehensive design plan that integrates open space transportation and community design standards. This proposal, should you approve it, requires two very critical elements: First the assistance of an experienced and competent consulting firm, capable of creatively integrating several components of this proposal; and two, that the citizen appointees of the select committee need to be of the highest possible caliber that can be found, hopefully with no other agenda than the best long-term interest of the people of Collier County. GNCA has developed a potential candidate list of citizens that we believe meet those criteria, and we will provide that list to the county administrator. Members of the commission, that's the overview. And now if I may, I would ask that Mrs. Terri Tragesser give you her thoughts on this proposal. Terri was co-chair of the FOCUS urban design committee, current member of the Collier County Planning Commission, and a former executive director of the Greater Naples Civic Association. MS. TRAGESSER: Thank you, Jerry. For the record, Terri Tragesser. Good morning, commissioners. My comments are brief, but before I begin them, I feel compelled to make a statement about the cooperation we have received through the process to date from county government, and quite specifically, your county administrator; also, Vince Cautero, Bob Mulhere, Barb Cacchione. Our questions were answered and they were most cooperative. And we thank you. CHAIRWOMAN MAC'KIE: Thank you for telling us. MS. TRAGESSER: Why another committee for Collier County? What can they do that isn't already being done? An analysis of the answer to that is because of the one size fits all way that the comprehensive plans and LDC's come to us from state government, the way they were mandated. We've created this steel structure, but we haven't created a facade for that structure. To produce community requires work at the local level, specifically in the areas of continuity, ultimate function, creation of regional character, and developer incentives for project creativity and enhancement. Unincorporated Collier County is huge, yet resident expectations are that of small town micro-level government. The more character defined each region of this county is, the more comfortable the residents will be in their environment. It's about boundaries, sense of ownership and a feeling of control in shaping your living environment. Those local governments that deliver the best living environment will attract the most selective incoming population. Collier County Page 15 March 9, 1999 has enjoyed that honor for some time. However, as development moves east and away from the globally renowned coastal charm into the pines, palmettos and tomato fields, special attention is needed to form identified communities. Identified communities; that is, geographical radiuses, with continuity of transportation, retail, educational, social, recreational and religious elements; elements that include citizen-driven characteristics unique to the radius. The GNCA is respectfully requesting that a select committee be appointed to define the scope, cost and implementation features needed to prepare a detailed urban rural design master plan for Collier County. That first step would be brought back to you for consideration. If approved, the select committee, county staff and contracted planning consultants would work together, hopefully with continued involvement of the commissioners, to produce a final document for your consideration. Upon completion of the design plan, the committee appointments would sunset. Last year alone, Collier County reshaped the landscape with close to one billion dollars of new construction. We respectfully suggest that that pace and magnitude -- that with that pace and magnitude, both the timing and funding of the select committee effort is justified. And if we -- if you have questions, we'll be happy to answer them. CHAIRWOMAN MAC'KIE: As you know, Ms. Tragesser, the point of a public petition today would be to see if there's support from the board to put this on a regular agenda for adoption. COMMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we put this on a regular agenda for a full public hearing and likely adoption. CHAIRWOMAN MAC'KIE: Well, I'm certainly going to support its adoption, so that's two. I'm not sure we'd take a motion on a public petition, but is there consensus for going forward? COMMISSIONER CARTER: Absolutely. COMMISSIONER BERRY: I think so. CHAIRWOMAN MAC'KIE: Good. And we thank you sincerely for this. It's a big move in the right direction for Collier County. MS. TRAGESSER: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: We have two people who have registered to speak, although you don't typically take public comments for a public petition. CHAIRWOMAN MAC'KIE: We don't typically take speakers on public petitions, because this will come back as a regular agenda item and there will be that opportunity for participation at that point. Item #8A1 Page 16 March 9, 1999 ACCEPTANCE OF THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL~ INC. - APPROVED The next item I have is 8(A)(1), which is to accept a tourism agreement between the county and the Marco Film Festival. COMMISSIONER NORRIS: Move the item. MR. MIHALIC: Good morning, commissioners. COMMISSIONER CONSTANTINE: Second. MR. MIHALIC: For the record, I'm Greg Mihalic, director of housing -- CHAIRWOMAN MAC'KIE: Do we have speakers registered, Mr. Fernandez? MR. FERNANDEZ: Yes, Madam Chairwoman, you do. You have seven speakers. CHAIRWOMAN MAC'KIE: We have a motion and a second in favor of this item. Are there speakers who want to be heard, or can waive their rights? Well, let's call their names, please. MR. FERNANDEZ: Speakers are Maury Dailey and Maggie McCarty. CHAIRWOMAN MAC'KIE: If you'd like to be heard, please come forward. COMMISSIONER CONSTANTINE: Keep in mind, there's a motion and a second supporting the idea right now. Don't feel like you need to talk us out of it. CHAIRWOMAN MAC'KIE: When you're winning -- COMMISSIONER BERRY: When you're winning, the less said, sometimes better. MR. DAILEY: I will make -- my name is Maury Dailey, I'm the president of the Marco Island Film Festival. And what I would like to do, especially with that wise advice, is to make available to each of you individually a presentation that's about a three to five-minute power point presentation, an overview of last year, and to acknowledge your support and involvement for this coming year's film festival.. CHAIRWOMAN MAC'KIE: Thank you. Maggie? MR. FERNANDEZ: Maggie McCarty, and then Betty Bither. MS. McCARTY: For the record, Maggie McCarty, director of the Collier County Film Office. And again, in light of what's been said, I have pages of reasons why I think the Marco Island Film Festival is a benefit to the community. I just want you to know that speaking for myself and Beverly Fox in the county, we wholeheartedly support this effort. CHAIRWOMAN MAC'KIE: Thank you. And the next speaker was? MR. FERNANDEZ: Betsy Bitner and Virginia Sonnenberg. MS. BITNER: I waive my right. CHAIRWOMAN MAC'KIE: Ms. Bither waives her right. And the next one? MR. FERNANDEZ: Virginia Sonnenberg. MS. SONNENBERG: I'm Virginia Sonnenberg, I waive my rights. CHAIRWOMAN MAC'KIE: And she waives her -- COMMISSIONER CONSTANTINE: Sandy Marzullo. Page 17 March 9, 1999 CHAIRWOMAN MAC'KIE: Marzullo? MR. MARZULLO: I waive my rights. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Fred Shinn is the next speaker and then Teena Hagerman. MR. SHIN'N: Fred Shinn, and I waive my rights. MS. HAGERMAN: It's Teena Hagerman, and I waive my rights. CHAIRWOMAN MAC'KIE: Tina Hagerman, for the record, waives her rights. Are there any other speakers? MR. FERNANDEZ: Sorry. No, Madam Chairman, that's all. CHAIRWOMAN MAC'KIE: So we have a motion and a second on the floor. All in favor, please say aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Passes unanimously -- oh, sorry. Is that a one? COMMISSIONER CARTER: I oppose only because there were so many questions raised by people about indebtedness owed by the film festival from last year, and I wanted clarification of whether those vendors have been paid, and I also want to know if we had audited that process. CHAIRWOMAN MAC'KIE: Well, Commissioner Carter, I think we should get those questions answered. And I would imagine that the speakers could. So having those questions raised in this forum, let's give them the opportunity to answer them quickly. I apologize for not calling for discussion before the vote. COMMISSIONER CARTER: That's all right. I just would like those answered, because I've received a letter from a gentleman from Marco Island who was very upset about -- although he's supporting your effort, he wanted to know what had happened in terms of the financial accountability. MR. DAILEY: Sure, sure. As you all know, we certainly have to submit everything to Greg and to Collier County for approval and review, and payment that has anything to do with TDC funding. The event was a first-year event. We did our best in projecting what our revenue and expenses would be. We expected some of our ticket sales to be a little higher than they were. And from where we started after the event, we started with a deficit at that time; something in the neighborhood of $80,000 after the event was over. And we have -- we've reduced that in half at this point. The vendors with outstanding bills actually have sent us letters of support, and I'd be happy to submit any of those to you. So we're expecting with the fundraisers that we have -- we had just a fashion show on Marco Island, it was a sell-out; we have an Oscar's night on March 21st, actually, two events. We're hoping by the end of this month we'll have the bills paid up. Page 18 March 9, 1999 COMMISSIONER CARTER: Okay. Will those same vendors then support you this coming year? MR. DAILEY: Yes, they've all sent letters thanking them -- thanking us for having them involved, and would like to participate for next year's event, so -- COMMISSIONER CARTER: Okay. Thank you. COMMISSIONER CONSTANTINE: Follow-up question. You just said they've all sent letters? Does that mean -- MR. DAILEY: Well, all is -- COMMISSIONER CONSTANTINE: -- all vendors, or -- MR. DAILEY: -- 100 percent. I'd have to say, you know, the majority of them. COMMISSIONER CONSTANTINE: Are there any vendors out there that are -- have not been paid that are not supportive now? MR. DAILEY: Not that I know of. Not that I know of. CHAIRWOMAN MAC'KIE: Okay. Any further questions? COMMISSIONER CARTER: No, that satisfies me. Thank you. CHAIRWOMAN MAC'KIE: Thank you. And I apologize again for not calling for discussion. But unless anybody needs to change their vote, it will stand as a four to one. COMMISSIONER CARTER: I will change mine and make it unanimous. CHAIRWOMAN MAC'KIE: Thank you, Commissioner Carter. Passes 5-0. MR. DAILEY: Thank you. Page 19 ]999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC. ~G~ING 1999 M~CO ISL~D FILM FESTIV~ THIS AGREEMENT, is made and entered into this ~ day of '7~ o.,ctt~C, 1999, by and between Marco Island Film Festival, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and intemationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the Marco Island Film Festival scheduled for October20 - 25, 1999; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED LIPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of the 1999 Marco Island Film Festival. The date(s) of the event or activity and the key participants may not be changed without an amendment to this Agreement as provided in Section 17. 2. P_AY_MF,.h~: The amount to be paid under this Agreement shall be Fifty-six Thousand Five Hundred Dollars ($56,500.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. MAR 0 9 ' gg9 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials ~'om previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE 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." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. llhl~d]~]~: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person 2 NA{ 0 9 1999 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be ~mded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attomey's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEEs obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Patricia Berry, Festival Director Marco Island Film Festival, Inc. P. O. Box 2002 Marco Island, Florida 34146 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue 4 MAP, 0 9 lgg~ related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the fight to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the CO~TY. ~y~/~ ~ 14. TERM: This Agreement shall become effective on [date Board approves[ and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. REOUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written., .,. ATTEST: ' .. ':' BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROC~K, Clerk ~~LLI A ~.t~. : mLLLELA S. MA~ ^tt st as 'to' Chatr an's siVarut, MARCO ISLAND FILM FESTIVAL, INC. Printe/fr/~ped Name ~ Printed/Typed Name Printed/Typed Name Piini'e~l/Ty~ed Title ' ' ' ' (corporate Approved as to form and legal sufficiency ~eidi ~A~hton Assist~t County Attorney h:~hfa~tdc~fo~ Mamo Island Film F~tival, Inc. MARCO ISGAND FILM FESTIVAL REVISED - 1999 MARKETING PLAN The Marco Island Film Festival chose Weeks and Associates, Treed Advertlslng~ and Edelman Public RelatiOns to develop our 1~99 marketing plan, The revised breakdown of TDC requested funds is as follows: ~]LL~ .................................................................... $ 41,500 Magazines Afivertising such as - Filmmaker Magazine Movie Mak6r Magazine Independsnt PIlm & Vid~ Sarasots Magazine ealm Beach Iljustrated Ocean Drive Magazine Rack Card Distribution Call For Entry Brochures Public Relations TELEVISION ADVERTISING SPOTS ..... e ~ TOTAL OUT-OF-COUNTY ADVERTISING BUDGET ........... ~ 56,500 March 9, 1999 Item #8A2 INITIATION OF A CONDITIONAL USE TO ALLOW BOAT DOCKS AS A PERMITTED PRINCIPAL USE IN BLOCK H, LITTLE HICKORY SHORES, UNIT NO. 3 REPLAT - STAFF TO MOVE FORWARD TO SCHEDULE A PUBLIC HEARING CHAIRWOMAN MAC'KIE: Next item is 8(A)(2}, which is a boat dock in Little Hickory Shores. Mr. Nino. COMMISSIONER CONSTANTINE: Is there anybody opposed to this? CHAIRWOMAN MAC'KIE: Uh-huh. Mr. Nino, is -- why would this not appear on the summary agenda? COMMISSIONER BERRY: This is a different deal. It's not just for one. CHAIRWOMAN MAC'KIE: Oh, no, this is to blanket. Because we do hear so many of these. MR. NINO: For the record, my name is Ron Nino. The request that's initiated by staff that's before you seeks your permission to set a public hearing for a conditional use on certain lots that lie on the south side of Third Street in the Bonita Shores area. For some reason, years ago these lots, when they were developed, when they were platted, were obviously too small for a principal use. I mean, they're no more than 5 or 600 square feet. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: May I interrupt and ask Mr. Nino to address your question of why this is not on the consent agenda? Was there opposition to this? MR. NINO: No, there wasn't any opposition to this. MR. FERNANDEZ: So this could have been a consent item? Or is there a reason -- MR. NINO: I thought that when we're asking for permission to hold a public hearing, that those kinds of issues would have to be on regular agenda. CHAIRWOMAN MAC'KIE: And we're going to have public hearings, assuming this is -- the process here is you're asking us to direct staff to go forward to bring a public hearing. MR. NINO: Right. CHAIRWOMAN MAC'KIE: So I'm sorry, but I thought this might could have gone on a consent. But if it can't, it can't. Commissioner Carter, do you have questions? COMMISSIONER CARTER: Well, if it's going to public hearing, you'll probably answer these, but what size docks, I'd like to know, where do the people park, and how will these lots manage? Otherwise, if I own it and I build a dock there, what does this do to the neighborhood? MR. NINO: What does it do to the neighborhood? COMMISSIONER CARTER: Yeah. I mean, you know, if I want to park my car, do I park it on the grass, do I have to mow it, do I concrete it? Page 20 March 9, 1999 MR. NINO: The north side of Third Street is currently authorized for boat docks, and there are boat docks all along that street. I'm very familiar with it because I happen to live in that area. And to my knowledge, those docks have not created any neighborhood controversy. As a matter of fact, the neighborhood association has a principal dock location on the south side that we're seeking your permission to legitimize as boat docks. And I understand that they have some expansion plans that would be otherwise affected if the conditional use wasn't extended to the south side. COMMISSIONER CARTER: Well, if the neighborhood doesn't have any objection to it and it's aesthetically all right and it doesn't -- I don't have a problem with it. CHAIRWOMAN MAC'KIE: Okay, so is there consensus on the board we'd like to see this come back and support staff's request? COMMISSIONER CARTER: Yes, I so move. CHAIRWOMAN MAC'KIE: Do we need a motion to that effect or -- COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: -- or is consensus sufficient? MR. NINO: We need a motion. CHAIRWOMAN MAC'KIE: Consen -- you need a motion. COMMISSIONER CARTER: I've so moved. COMMISSIONER CONSTANTINE: I've seconded. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. Item #8A3 LYNNE H. DREYER, REPRESENTING THE COLLIER COUNTY MEDICAL SOCIETY ALLIANCE FOUNDATION, REQUESTING A WAIVER OF THE RIGHT-OF-WAY PERMIT FEE FOR THE CLOSING OF VINEYARDS BOULEVARD FOR THE WOMEN'S HEALTHWEEK RACE TO BE HELD ON MARCH 13, 1999 - APPROVED Next we have Lynne Dreyer with the Collier Medical Society Alliance up for a waiver of a right-of-way permit. COMMISSIONER CONSTANTINE: Madam Chairman, I move the item. COMMISSIONER NORRIS: Second. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A4 PETE HAVRAN, REPRESENTING THE NAPLES AIRPORT KIWANIS CLUB, REQUESTING A WAIVER OF THE TEMPORARY USE PERMIT FOR A SPECIAL EVENT HELD ON DECEMBER 12, 1998 IN GOLDEN GATE - APPROVED Page 21 March 9, 1999 Next, Pete Havran with the Naples Airport Kiwanis Club. COMMISSIONER CONSTANTINE: Madam Chairman, I move the item. CHAIRWOMAN MAC'KIE: Do we have -- COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: -- a second? All in favor, say aye. (Unanimous vote of ayes.) Passes unanimously. Item #8A5 PRESENTATION BY THE STATE OF FLORIDA DIVISION OF STATE, LAND ACQUISITION SECTION, REGARDING THE STATE'S ONGOING EFFORTS TO PURCHASE LANDS IN AN AREA OF COLLIER COUNTY KNOWNAS THE SOUTHERN GOLDEN GATE ESTATES - PRESENTED CHAIRWOMAN MAC'KIE: Presentation. This is something I had asked for an update from the board, a presentation on the acquisition status of the Southern Golden Gate Estates. Just we had heard the bad news, I thought it would be nice for us to hear some of the good news. MR. MULHERE: Yes, Madam Chairwoman, Mr. Ed Custer from the State of Florida, division of land acquisition, is here to give you a presentation on that process. And as soon as Mr. Custer has finished, we will have a brief presentation by Clarence Tears on restoration efforts in that area. CHAIRWOMAN MAC'KIE: I wanted to -- please. MR. MULHERE: I'm sorry. For the record, Bob Mulhere, planning services director. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. CUSTER: Good morning. I'm Ed Custer. I'm the chief of the bureau of land acquisition, division of state lands, Department of Environmental Protection in Florida. Good morning, Chairwoman Mac'Kie, commissioners. On behalf of Governor Bush and Secretary Streuse (phonetic), our new DEP secretary, I'm -- it's my pleasure today to come to you to give you an update on our acquisition efforts in Southern Golden Gate Estates and the unplatted areas surrounding the estates. This has been a long arduous journey for us, but a lot has happened in the last couple of years, and we thought it was important we come to you today to give you an update on where we've been over the last two years and where we'll be going over the next few years. Because I think you will hear in the next presentation by Clarence Tears from the basin board that the restoration efforts are about to commence. And to have that happen, this acquisition needs to move forward to conclusion. To understand where we are today, we have to go back a couple of years in time. This is a map that was done in April of 1998. The pink property shows the remaining Avatar ownership. At that time, Avatar I think had over 8,500 acres in the project. Page 22 March 9, 1999 The red squares all represented plaintiffs in the inverse lawsuits cases, Abby and Abbot versus the Board of Trustees of the Golden Gate Landowners' Association. Back in 19 -- the early part of 1997, we finally sat down, we'd been fighting with the landowners over the litigation for so many years, I think we had lost sight of what it was they were seeking and what our desire was. And what we came to the conclusion was is their desire was to receive what they believed to be a fair offer for their property, our desire was to acquire the property. So somewhere in there was a formula for success. The result of about six months of negotiations resulted that in August of 1997, the Governor and Cabinet, sitting as the board of trustees, approved a settlement agreement involving the 3,700 plus plaintiffs and 7,500 acres tied up in those two lawsuits. The settlement agreement centered around a very simple concept, that being that new appraisals would be obtained and that representatives of the lawsuit would participate in the selection of the appraisers. The agreement was to be binding on all parties. They would agree to sell, we would agree to acquire at whatever the appraisals came out to be. There was a requirement of 50 percent participation of the lawsuit plaintiffs, there were time lines and objectives, and there was also an agreement that we would limit our acquisition activity to the lawsuit until the lawsuit acquisition was completed. In December of '97, we hit 50 percent. 1,950 of the lawsuit plaintiffs -- actually to date, 3,200 out of the 3,700, or 86 percent, of the lawsuit plaintiffs have signed an agreement to sell their property. In February of '98, after a selection committee was formed with state representatives and lawsuit plaintiff representatives, the selection of the appraisers was made. In July of '98, those appraisals were certified. In August of '98, closings were initiated. The title company, First Title and Abstract, here in Naples is our contractor who had handled the handling of a lawsuit settlement. Packages were mailed to each plaintiff, which included the lawsuit settlement, as well as all the closing documents. As they signed those packages, they were ready to close. So we've been closing those since August. As of February, we had closed on 70 percent of those 3,200, or over 2,200 lots. By June we anticipate being completed. During this period of time, other things were going on. As you may be aware of, this is in April of '98, the Federal Government approved a 25 million dollar farm bill grant. Also in July, we got permission from the lawsuit plaintiffs to proceed on the closing of some acreage tracts owned by Mr. Clifford Forte, which had been appraised under appraisals prior to the lawsuit settlement. Right after getting the lawsuit started, we also talked to the plaintiffs attorneys, and they authorized us to proceed with negotiations with Avatar. Page 2 3 March 9, 1999 In October of '98, the board of trustees approved a contract to acquire over 8,500 acres from Avatar, 3,670 lots, at a value of over 6.7 million dollars. Before the end of 1998, we closed and now own all but a handful of the Avatar lots, which are tied up with some title issues. Mr. Perkins, who is with me today, my -- CHAIRWOMAN MAC'KIE: There's a hand-held -- sir, a hand-held mike there, if you need to go over. Could you show him that, David? MR. CUSTER: I wanted -- this was a map, as I said, of January of '98. This is the map as of February of '99. The few remaining red lots are those that are still in closing, as well as a handful, a couple hundred that we did not receive settlement packages. The representatives for the lawsuit are in the process of mailing out a second mailing, kind of that one last try for that last 15 percent to see if we can't get those in. I'm going to be talking in a few minutes about other areas. When we talk about the Golden Gate Estates, of course we're talking about the subdivided areas. Over the years, we've -- other areas around Golden Gate Estates have come to be known as what we call the hole in the donut, which is the center portion, unplatted area of the boot to the northeast corner, and to the south of the Estates, an area we refer to as south of the border. That brings me to those areas. And in -- in November of '98, after we had contracted with Avatar and the lawsuit plaintiffs' representatives were satisfied that we had sufficient funding to consummate the closings on all the lawsuit plaintiffs, we were authorized to initiate appraisals on the balance of what we commonly refer to as Golden Gate Estates, the unplatted areas. Appraisals were ordered on the whole, the boot and south of the boarder, and those appraisals are just now coming in. In fact, in the hole in the donut, there are 413 parcels in private ownership, totaling some 3,200 acres, and those contracts were mailed out this week. The boot, consisting of 168 parcels and over 2,200 acres, will be mailed by the end of March. And the south of the border, comprising nearly 850 parcels and over 6,200 acres, are planned to be mailed before the end of April. There is one last group and that is the remaining lot owners. There are approximately 5,300 remaining lot owners which comprise those people not involved in the lawsuit, and the few that remain from the lawsuit, and we're working again with First Title and Abstract, who is going to be mailing those on our behalf, and those are all supposed to be in the mail by -- also by the end of March. What you can see from all of this is that within the next 30 to 60 days, every remaining property owner in this project will have received a new offer based on new appraisals which have been obtained over the last six months. Our goal is to complete all voluntary negotiations by June of 2000. And that's kind of where we are today. That's where we're Page 24 March 9, 1999 going. And I think this will lead nicely into Mr. Tears' presentation on the planned restoration. If there are any questions, I'll be glad to answer them at this time. CHAIRWOMAN MAC'KIE: Questions, board members? It's just great to see the difference in those two maps. It's wonderful to -- wonderful accomplishment. And now -- MR. CUSTER: It's a pretty exciting time for us who buy land. CHAIRWOMAN MAC'KIE: It is. Has to be. And now Clarence can tell us why we wanted this land and what we're going to do with it. MR. CUSTER: Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. Appreciate you being here. See you guys at lunch. COMMISSIONER CONSTANTINE: Could I ask one quick question while Clarence is setting up? What's the gentleman's name? CHAIRWOMAN MAC'KIE: Sir? Mr. Custer? MR. CUSTER: I'm sorry, yes. COMMISSIONER CONSTANTINE: Just one question. I'm kind of curious, as you get down to the bottom of the map, there's like a white area that's jagged off. It doesn't come all the way across. Why is that? If we're trying to preserve all this area. MR. CUSTER: This in here? COMMISSIONER CONSTANTINE: Yeah. MR. CUSTER: Gee, Clarence is probably geographically probably more familiar with this area. COMMISSIONER CONSTANTINE: I'm just curious, it seems like if we're trying to restore all that, we'd restore the whole thing. I wondered why that part wasn't included. MR. CUSTER: Well, this is the project boundary. I'm thinking, Clarence, is this not -- is this area not already government owned? Is this part of the 10,000 Islands? MR. TEARS: That's -- yes, that's the Fakahatchee Strand State Preserve. COMMISSIONER CONSTANTINE: Thank you. COMMISSIONER BERRY: It's on this other map, I think. MR. TEARS: If they turn me on, I'll be ready to start. CHAIRWOMAN MAC'KIE: He's using the visualizer, if you guys can fix that for him. Thank you. MR. TEARS: Good morning. For the record, Clarence Tears, director of the Big Cypress Basin. What I'd like to do is try to give you just a brief overview of what is the hydrologic restoration. A lot of us hear we're going to flood Golden Gate Estates. That is not our intent. Our intent is to go back to predevelopment, 1960. And we can't even do that, because predevelopment, the area was under 30 inches of water in most areas, and we're trying to go to a point where we have 14 inches of water in certain areas in Southern Golden Gate Estates. Yet the uplands will Page 25 March 9, 1999 be in the same state as predevelopment. So whatever was uplands before, our goal is to maintain that. As Ed Custer talked about, this is Southern Golden Gate Estates. This is the study area. As you can see, to the north you have the Florida Panther Wildlife Refuge; to the east you have the Fakahatchee Strand State Preserve; to the west is the Belle Meade area; and to the south is the 10,000 Island and -- 10,000 Island estuaries. The real goal of the study is what is this study? Well, the whole study was based on future condition of this area identified on the wall being under public ownership. And what could we do, the best -- what is the best way to restore hydrology, given that this whole area was in public ownership? How did this study originate? Well, in 1985, Southern Golden Gate Estates was included in save our rivers -- or Save our Everglades. Then in 1992 the Governor directed the South Florida Water Management District to develop a conceptual plan, and that's when the basin started getting into the conceptual plan. This is just a brief summary of the activities. In '85, land acquisition started. '93 to '96, restoration plans were developed. And we're right now into the critical restoration phase, trying to work with the Corps of Engineers. We have an opportunity to get approximately seven and a half million dollars of federal dollars for this restoration effort. And we anticipate construction, based on the time frame of the acquisition, beginning in the year 2002. CHAIRWOMAN MAC'KIE: And finishing in 2005? Did I read that right? MR. TEARS: Yes. Some of the project goals are hydroperiod and sheet flow restoration, improve water storage and aquifer recharge, reduce the voluminous fresh water being discharged in Port of the Islands. As all of you are aware of, point discharge in itself, too much fresh water at one time, is a pollutant. And there's just so much water being discharged at the Port of the Islands, and our goal is to reduce the point discharge at the Port of the Islands and spread that discharge through an 18 linear mile area. And in another restoration project is the Tamiami Trail culvert improvement project. And that will actually start next year, and that's working with the DOT and the Corps of Engineers also. I'm not going to spend a lot of time on this one, but a lot of scientific models were used to take a look at this area. These models were run for a 23-year period to look at existing conditions and also to look at future conditions. Some of the things they might have looked at was runoff patterns, soil storage and hydroperiods. Some of the problems with existing conditions. The creation of the canals in the late Fifties, early Sixties was a part of the development scheme, drain it, build the roads and sell the land. And what the canals have done over a period of time has eliminated the historic hydrology, it's changed the water sheds boundaries, and the surficial groundwater flow direction varies seasonally. Page 26 March 9, 1999 What that means is at certain points of the year during the dry season, the canals actually drain groundwater. They're pulling the groundwater and allowing it to be discharged in the Port of the Islands. This sheet here just shows some of the historical flow ways, some of the major and minor. There was a lot of different plans looked at. There was a lot of -- the recommended plan is alternative 3-C. This plan -- some of the considerations for the plan was that because of the growth and development to the north of 1-75 was the continued -- continue to provide flood protection. And so one element of the plan is to have a pumping station just south of 1-75 to provide flood protection to the north. And that's a real important component. We want to make sure we maintain flood protection. Also, another component of this would be a reversible pump so that at the onset of the dry season we can raise the water levels within the canals and try to recharge some of the areas where we are -- our wells are located, the city and the county well fields. Just to let you see some of the plans, one plan showed a complete removal of all the infrastructure in Southern Golden Gate Estates. We looked at that and said well, that's really not realistic, because you have the Picayune State Forest trying to take over the area. We still want people to be allowed to visit the area once it's acquired. COMMISSIONER BERRY: Excuse me, Clarence, can you tell me, who's going to maintain the roadways down in there after the state or whomever acquires all this land? MR. TEARS: Well, actually a lot of the roadways will be removed and so it will be less expense to the county. There will be less infrastructure. And then the state, as part of the acquisition for the state -- Picayune State Forest, they would maintain the area. COMMISSIONER BERRY: Well, there are currently people -- some people living out in that area, correct? MR. TEARS: Yes. COMMISSIONER BERRY: Are they going to be able to be allowed to stay there if they're not selling their property? What happens to that if we take out roads or whatever? How does this all work? MR. TEARS: In the year 2000, as we further go through the acquisition, if there's a few homeowners still not willing to sell, that issue will have to be addressed, you're right. And this plan will not be implemented until that issue is resolved. And currently, I'm working with the state on that, and we're discussing -- COMMISSIONER BERRY: Do we have any idea how many people we might be talking about? MR. TEARS: My understanding, there's less than 130 facilities out there, and probably half of those are properly permitted. COMMISSIONER CONSTANTINE: In your discussions with the state, is condemnation your primary discussion? MR. TEARS: Yes, that may be an issue discussed at a later date. COMMISSIONER CONSTANTINE: Thank you. Page 27 March 9, 1999 MR. TEARS: Our goal right now is to try through fair market values, at best possible, purchase all the properties in Southern Golden Gate Estates. But as a last resort, that issue would be looked at. What I'd like to show you right now is the alternative that was selected. And this is the alternative. You can see some of the main roads are still in place. Jane Scenic Drive is here. It's about 130 miles of road removal. But what you have to realize, as part of the road removal process, we may remove the roads but go back to natural grade. So there's still an opportunity to leave the roadbeds in place. The idea is to go back to natural grade to allow water to move COMMISSIONER CONSTANTINE: I'm terribly sorry to interrupt again, but did you just suggest that -- and I'm not following on here, because it doesn't quite fit, but Jane Scenic Drive will be removed? MR. TEARS: No. COMMISSIONER CONSTANTINE: Okay. MR. TEARS: No, Jane Scenic Drive's the red line located to the east. That's part of the Fakahatchee State Preserve. It will not be removed. COMMISSIONER CONSTANTINE: That was just an agreement we had with DEP as part of the airport -- MR. TEARS: That's correct. And we'll still have complete access through the region from Jane Scenic Drive to other areas. What we're looking at is that the roads have to be removed and go -- they have to be restored to natural grade to allow the proper movement of sheet flow. It doesn't mean at all times will the area be wet. It's just that certain times of the year, based on the rainy season -- some years we only have 40 to 50 inches of rain, other times we have 50 to 60. So it's really -- it really is based on the type of season we -- the type of season that we have. This just shows one of the -- some of the additional elements of each plan with pump stations; that's to provides flood protection to the north. No canal maintenance south of the spreader channels. Groundwater monitoring continued. And existing weir structures would remain in the system. This sheet tries to show the benefit of the restoration. 3-C is the plan that we're trying to go with. It's restoration of a 113 square mile area. Decrease of runoff by six inches. Decrease in CFS to Port of the Islands from 130 CFS to two. CHAIRWOMAN MAC'KIE: There's a big one. MR. TEARS: That's a major one. CHAIRWOMAN MAC'KIE: Right. MR. TEARS: You're looking at like 200 million gallons a day average to about two million gallons a day. And that -- a hydroperiod duration will be anywhere between 2 -- from zero to 250 days. That means the area will be soggy for that length of period of time. That reduces wildfires that we see in Southern Golden Gate Estates now. Hydroperiod depth will be from zero to 14 inches. Upland -- Page 28 March 9, 1999 CHAIRWOMAN MAC'KIE: Even though historically it was up to 30, the restoration only takes it to 14. I think that's important to note. MR. TEARS: That's correct. This was the initial cost, was about 11 million dollars. We're estimating the project to be near 15 million, with seven and a half million dollars coming from Federal Government. That doesn't include the approximately 100 million dollars of land acquisition, which has been funded by the State and Federal Government. What does this plan include? Road access for maintenance and recreation, faced implementation. We'll still be able to collect additional stream flow data. Measurable goals: Determine monitoring is continued. One thing is, if this plan doesn't work the way it's been modeled, we have the ability to go in there and change things. So this isn't the ultimate plan. It's just that -- the sustainability of the region, and we'll monitor it. And if changes are needed, we'll make sure it happens. This slide's pretty important. 113 miles will be restored to near predevelopment condition. Basin runoff is reduced by six inches. That means six inches of runoff over a 113 square mile square area stays within the system. So that allows for groundwater recharge. You can see where the runoff outlet is reduced to two CSF. CHAIRWOMAN MAC'KIE: Tell us CFS so people -- 260 to two, that is such a -- MR. TEARS: You divide it roughly by 1.5, and that gives you a million gallons per day. And that's a major reduction, because fresh water in itself's a pollutant. So what we're doing is allowing that fresh water saltwater interphase. We're seeing over the years that the mangroves are moving further inland. That's because of saltwater intrusion. So by redistributing this flow back to natural sheet flow, we'll have that fresh water saltwater interphase. Economically what does that mean? It means our estuaries will be healthier, so that's -- the equatic life; the migrating birds will probably be more prevalent in the area, and then it's all a balance. And once you restore the hydroperiod, you'll start to see your animals and wildlife. One important note is that Southern Golden Gate Estates, the Big Cypress Basin, is one of the most biologically diverse communities of animals and plants in the North American continent. It's even more diverse than the core of the Everglades. That's really important. And we're talking about long-term, looking at development, looking at growth. Well, I think the basin is really trying to do that, because this improves aquifer recharge to the City of Naples and the Collier County well fields. By holding the head waters a little higher in the Southern Golden Gate Estates, you see groundwater improvements to the county well fields. And I think that's important. Page 29 March 9, 1999 We're improving the water quality to the receiving estuaries, and we're maintaining flood control in Northern Golden Gate Estates, and we're better managing our natural ecosystems. And also, we're developing a large recreational area for the public. And from the urban planning standpoint, you're eliminating costly infrastructure in the future. Roads. There's numerous dollars being spent on sign maintenance in Southern Golden Gate Estates. The liability to the county. There's a lot of things to look at from that standpoint. One of the most important things is public ownership is assumed in all the alternatives here, and that's the number one goal at the state level. We heard from the commission that we need to move this process. The Big Cypress Basin board wrote to Virginia Weatherall at that time. And I think you've seen a lot of things happening since then. They've settled the lawsuit. One of the complaints I heard at the Big Cypress Basin board was give us a fair value for our property. And the state heard the people. A lawsuit was settled, and they're getting fair market value for their properties. What we still have to do is we're working with the Corps of Engineers, trying to sign a cooperative agreement. We still have to do some final plans, and we still do not have an implementation schedule, because we're still waiting on the acquisition process. With that, I conclude, and if there's any questions, I'd be happy to try to answer them. CHAIRWOMAN MAC'KIE: I just wanted to have this presentation for the board today to let you see that the hard position that we took in our comp. plan a couple years ago when we, you know, were so frustrated by the slowness of the state and the unfairness, frankly, and the price that was being offered to people in Southern Golden Gate Estates, that that tough stance has paid off, and the state has responded and people are getting a fair value for their property. That's one of the things I wanted to hear. Are there other questions, or shall we go -- I think there's speakers. Speakers? MR. FERNANDEZ: Yes, there are four speakers. The first two are Nancy Payton and Ty Agoston. CHAIRWOMAN MAC'KIE: Well, there's a little dichotomy in there. Nancy and Ty back to back. MR. AGOSTON: Soul mates. CHAIRWOMAN MAC'KIE: Soul mates, Ty says, Nancy. I don't know. MS. PAYTON: Good morning. My name is Nancy Payton and I'm representing the Florida Wildlife Federation, a property owner in Southern Golden Gate Estates. Last time there was a public discussion of Southern Golden Gate Estates and the acquisition process there was no plan for completing. In fact, based on the rate that it was being done several years ago, it was going to be beyond our lifetimes. 40 years, 50 years, before there was hope that it would be in total public ownership. Appraisals. Everyone agreed that the appraisals were faulty and the process was questionable. There were unsettled lawsuits. And Page 30 March 9, 1999 Avatar was moving towards marketing its lots in Southern Golden Gate Estates for residential development. Today we have 25 million dollars to help complete the acquisition; there have been new appraisals which resulted in the lawsuit settlement; Avatar has sold their property to the state; there's a restoration plan that's under serious movement through the various permitting process; and there's money available for restoration. And there's also apparently going to be money available to ensure that the buyout is completed as quickly as possible. I did want to make a plea for Collier County to become engaged in the various meetings and discussions that are going on. For instance, last Thursday, the Big Cypress basin, Clarence Tears, convened a meeting of which the county was invited and the county did confirm that they would be there, but for some reason they didn't make it. Attending that meeting was the Army Corps of Engineers, the Fish and Wildlife Service, DEP, the Miccosukee Indians, who are property owners there, DCA, Department of Forestry, and the Game Commission, to show the level of interest and involvement in what's going to happen and is happening in Southern Golden Gate Estates. So we urge the county to please become engaged in these discussions on Wednesday at Rookery Bay. There will be a meeting of the Big Cypress coordination team, which is agency folks. To date, Florida Wildlife has been the only public involvement there or participant, and we urge others who are interested in what's happening to come, because there is going to be a discussion and ongoing discussions in that forum about Southern Golden Gate Estates. There will be other opportunities that the county does needs to become involved in, because they do control those roads, and there's some commitments there, and it would be nice to have the county participating to present their views in these various forums. And lastly, I'd like to express appreciation to the county for allowing this opportunity to show what has been done and how the state and others responded to concerns of the community and your commissioners. Thank you. CHAIRWOMAN MAC'KIE: Thanks, Nancy. Mr. Fernandez? There you are. I think it would be really important that we send Mr. Lorenz or some designee of yours to these meetings. You know, you would know who's appropriate to participate. Because this is reaching the point now where through the restoration efforts, Collier County's got an interest that's vested and we've got to get involved in it. I hope it's something we could participate in. COMMISSIONER CONSTANTINE: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: If I could interrupt this item just for a minute. You may have heard the child or children '- CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER CONSTANTINE: -- outside quite a bit? Mr. Fernandez attempted to address that and apparently has been told by the mother that they have the right to make as much noise as they'd like. CHAIRWOMAN MAC'KIE: I like noise. Page 31 March 9, 1999 COMMISSIONER NORRIS: I don't think so. COMMISSIONER CONSTANTINE: If that continues, I'm having trouble focusing on the topic with that going on. If we just might ask -- they can make as much as noise as they want somewhere else in the building other than here, but if it's distracting the thing, if we might ask our bailiff to ask them just to move elsewhere. CHAIRWOMAN MAC'KIE: Or actually, they'd be more than welcome to use my office. COMMISSIONER CONSTANTINE: Great. CHAIRWOMAN MAC'KIE: I'd welcome to have them visit. And there's actually even kids stuff in there, if anybody wants to come in. You're welcome to go there. It's like a normal sound to me. It's not distracting, but I understand if it is distracting to others. Next speaker? MR. FERNANDEZ: Next speaker is Ty Agoston and then Cathy Myers. MR. AGOSTON: Morning, ladies and gentlemen. My name is Ty Agoston, and I am in that disadvantaged Golden Gate Estates, and I'm speaking for myself. A couple of months ago I gave a piece of land to my son and he started to build a home out on Northern Golden Gate Estates. The bank allowed $35,000 for that two and a half acres in Northern Golden Gate Estates as a collateral. I have a warranted deed here in front of me in Southern Golden Gate Estates that a gentleman paid $4,200 and got paid $700 for the identical piece of property. Ladies and gentlemen, that discrepancy can be laid directly against you. Maybe not you personally, but the county commission that allowed and forbid power to go into the area, allowed it to develop. Because this was a long-term plan to acquire that land. And no matter what it took, the state environmental people are going to own that land. And I'm not quite sure how the conscience of any of you, whether you are involved or not, bothers you in the morning. I like to shave in the morning and kind of like to maybe not smile but at least not growl. Do any of you growl? I mean, this is an absolute outrage. For these poor people to get nickels and dimes on their investment while we sit here and make glib statements about the gains we have made. But you know what you have made? You have raped a lot of people. MR. PERKINS: Here, here. MR. AGOSTON: And that is outrageous. There is no -- not necessary. This is a wealthy county. If we want the land, pay for it. Don't come back with the needs of the future. Don't talk about sustainability. And let me tell you, I already own the Brooklyn Bridge, and that entire story is simply selling the Brooklyn Bridge. And I am kind of ashamed that I am actually benefitting of this highway robbery, and I cannot understand why any of you don't speak out against it. Do any of you represent those people? I'm talking about this guy with this deed with several hundred dollars. Page 32 March 9, 1999 Or I have a countryman lives out there. He also has two and a half acres. And whether it's a ramshackled building or whatever building, he lives in a building. He was offered $50,000. Why he was offered $50,0007 Well, he doesn't have water. He doesn't have power. Ladies and gentlemen, you are to blame for that. Nobody else. The Collier County Board of County Commissioners. Because had you at that time -- and I'm going back a number of years, and I'm not -- you know, I'm not here long here long enough to know just exactly who was on the board. But the fact of the matter that the Collier County Commissioners blocked out the power. We're talking about a regain of innocence? I would like to transfer a quotation from Hungarian, but it doesn't quite come out right. But something to the effect that it's very difficult to regain someone's virginity. Thanks very much. MR. FERNANDEZ: Next speaker is Cathy Myer and then A1 Perkins. MS. MYERS: Hi, my name's Cathy Myers -- CHAIRWOMAN MAC'KIE: Excuse me, could you fix the -- I don't want it to beep on her. The timer there. He's got it now, thank you. MS. MYERS: I have five acres off of Miller Boulevard, which is Sable Palm Road Extension. The only way we have a way of getting in is Miller Boulevard Extension. And the last time I was here, you guys told me that that road was passed, and now I find out that you guys are trying to close it off again. Now, that is the only way we have -- people can get in there with the fire department. COMMISSIONER CONSTANTINE: Let me ask a quick question, because I don't recall us rescinding the idea to go ahead with Miller Boulevard. I don't know who told you that, but that's not accurate. CHAIRWOMAN MAC'KIE: Well, the board hasn't made a decision yet. COMMISSIONER CONSTANTINE: The board did make that decision. CHAIRWOMAN MAC'KIE: Well, it hasn't changed their previous determination. MR. MEISTER: The last time I was here, I was told that they were going to let it go through. Okay, that is the only way we get in and out of that place. You know, if we have a fire out there, it's the only place the fire department can get out there. If somebody got killed out there, like my husband and some other kids. I mean, that's the only place they got to get help. But I mean, you guys have closed us off of 1-75, you guys have closed us off -- COMMISSIONER BERRY: We didn't close them off 1-75. MS. MYERS: -- we can't get through Sable Palm Road Extension because you guys won't let us finish the road. How would you guys feel, you know, if you were out there in an accident laying there for two and a half hours waiting for help and you can't get help and you end up dying out there? How would you guys feel if one of your loved ones -- that happened to one of your loved ones? I mean, wouldn't that hurt you guys, knowing that your husband or your kid was laying out there suffering because you guys take everything out and let the animals -- you know, you worry about animals and stuff like that? What about us people? I mean, us people have rights, too, besides Page 33 March 9, 1999 animals and birds and deers and all that stuff. I mean, we've been flooded out, we've been burned out. And we're not leaving. I mean, my family is staying out there. I don't care how high a price you want to buy us off, because we're not buying. CHAIRWOMAN MAC'KIE: Why is that? MS. MYERS: Because that's where my husband built, that's where he wanted to live and that's where we're going to stay. That's where his ashes are and that's where we're staying. We're not leaving for nothing. CHAIRWOMAN MAC'KIE: I appreciate it. MS. MYERS: Now, that road better go through, or get Sable Palm Road through all the way, one of them, so we have a way to get in and out. And there's more people out there than what you guys think. And those kids out there, I'm sorry they were making noise, but they have their right to speak, too, because that's what this life's about is kids. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. (Applause.) COMMISSIONER CONSTANTINE: Just by way of clarification, this board didn't have anything to do with shutting off 1-75. As a matter of fact, none of us were too enthusiastic about that. That's Federal and State DOT. The Miller Boulevard Extension, the majority of the board has said we do want to do that and has not altered -- we haven't altered our opinion on that. So -- but I appreciate her concerns, they're valid concerns, but I think the board is addressing those. We do want to be able to get in and out of there for the very reason. The other area that I had some concern was when I asked the question about Jane Scenic Boulevard, is not only that drive, but also what that connects to. Because what we were told at the time of the exchange with DEP was that that is used as an emergency route to deal with people in the Goodland area and all over down there. And so when we talk about long-term dealing with taking the road back down do grade and stuff, I have some serious concerns that that is in conflict with the agreement we had with DEP to make sure -- to make sure, despite Nancy Payton's suggestions to the contrary, that we have a conflict with the agreement we had with DEP to make sure that emergency service was still available through down there. That was a very, very important key in making that swap. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: That's the very reason, Commissioner, that I raised the question earlier about what's going to happen. With Ms. Myers being in here, there are several people that feel as strongly as she does. They're not going to leave that area. I don't care what somebody's going to come in and offer them. Now, are you going to move them out of there, are you going to take that land by eminent domain or what are; you going to do? MR. PERKINS: Kill them. COMMISSIONER BERRY: Well, that's your words, A1, not mine. That's not our intent, and you know that. That's not our intent. Page 34 March 9, 1999 Don't be saying that. That's cruel and it's crude and it's not what the Collier County board -- we don't represent that kind of thinking. But we do have to come in and we've got to face the fact that there are going to be people out there. And you can't come in and just ultimately destroy everything that's out in the Estates in that southern part. I don't care how much you want to flood, or what you want to return to what it was 30 years ago or 40 years ago. You know, you've got to do something. Now, you better start thinking about that and start thinking in terms of you're still going to have people out there and how you're going to address the problem. CHAIRWOMAN MAC'KIE: Just two quick comments, and that one is, of the things I heard Clarence say today is that we're not talking about flooding the area, we're talking about returning it to historic -- COMMISSIONER BERRY: Exactly right. What you did hear -- CHAIRWOMAN MAC'KIE: And there are uplands -- COMMISSIONER BERRY: -- what you did hear -- yeah, but they're not in the uplands. Some of these people are not living in the uplands, Pam. All due respect, okay? They're not all there. It would be nice if they all were there, but the problem is, it's -- I don't care what road you take out, you've still got people that are going to be living out there and they're going to be, you know, scattered about. How are you going to provide ingress and egress for those people to get in and out of there? CHAIRWOMAN MAC'KIE: And that brings me to my second report and that is we do in -- you remember in our goal-setting workshop one of the things staff brought to us is urban versus rural services. Absolutely, we owe some level of service and we have to provide that in rural areas. But we also can't reasonably expect that -- when somebody chooses to live that far out, I think it's unreasonable to expect that the turnaround time for EMS to get to their house is going to be the same as the turnaround time to get the EMS in town. COMMISSIONER BERRY: I'm not talking about that. I'm talking about us going in there and removing roads that they can't -- CHAIRWOMAN MAC'KIE: Agreed. COMMISSIONER BERRY: -~ even get in and out. That's what I'm talking about. CHAIRWOMAN MAC'KIE: So some -- COMMISSIONER BERRY: I'm not talking about EMS right now. They've got to be able to get to their property and get out. CHAIRWOMAN MAC'KIE: Some basic level of service, that requires a balance. COMMISSIONER CONSTANTINE: Yeah. And the question isn't how quickly EMS gets there as much as it is can they get there. COMMISSIONER BERRY: Can they get there. Can they get a fire truck in there? COMMISSIONER CONSTANTINE: And that's my worry, Clarence, again with bringing the roads back is -- Page 35 March 9, 1999 COMMISSIONER BERRY: That's my concern. I mean, it -- you know, unless we go in -- unless you've got the plan to go in there and take that property -- MR. CUSTER: Well -- CHAIRWOMAN MAC'KIE: Identify yourself. COMMISSIONER BERRY: We need to get down to it -- MR. CUSTER: The issue that -- COMMISSIONER BERRY: -- if that's what the intention is. MR. CUSTER: The issue of eminent domain has -- CHAIRWOMAN MAC'KIE: I.D. yourself for the record. MR. CUSTER: Again, Ed Custer, bureau of land acquisition. The issue of eminent domain has not yet been addressed, because if we go back to the concept of eminent domain, it is taking private property for a public necessity. I think we believe that some properties -- and I've talked with Clarence, I've talked with district people in charge of the hydrology, the hydration project. Certainly there are some lands in here that must be acquired for that to be successful. This is not any different than constructing a road from point A to point B. When it gets to be that that piece of property stands in the way of the road being constructed -- and you can look at this as a road of water -- there are going to be some private property. Which ones at this point, I don't know if we know quite yet. As their plans are developed, certainly we're pursuing the voluntary purchase. What we would hope is we'd be able to acquire every one voluntarily. As the lady who was sitting here who lives out here, is she going to be in an area that must be acquired? I don't know if we know that yet. We won't be removing roads or taking away access to anybody who can stay there. Now, it may be that an individual who might be in an upland but who the only way to get to them is to relieve an above-grade road through the entire project to get to their property and the road itself cuts off the hydrological restoration; therefore, would necessitate its removal, may necessitate the acquisition. But at this point in time, I don't think we're that -- I don't think we're that far along yet to know that. And of course some of this decision rests with the project as a whole. You know, I know there's Federal approv -- they haven't even gone through, right, Clarence, to obtain full Federal approval of the project yet, correct? MR. TEARS: That's correct. MR. CUSTER: So I think the reality is, is this a public improvement project, not unlike a road construction project. And the potential for the use of eminent domain to acquire private property is a possibility. I don't know if we can say at this point it's a certainty. CHAIRWOMAN MAC'KIE: And it's not -- even if it is a possibility, it's not globally for every piece of property on that map that's not acquired through voluntary. Page 36 March 9, 1999 MR. CUSTER: Well, Mr. Tears and the engineers for the construction project will ultimately tell us, is it some, is it part, is it all. You know, which pieces of property must we own -- CHAIRWOMAN MAC'KIE: To make the project work. MR. CUSTER: -- to allow the project to succeed successfully. CHAIRWOMAN MAC'KIE: Clarence, and then I promise we're coming to our last two public speakers. MR. TEARS: Clearance Tears, director of Big Cypress Basin, for the record. In my position, it's real difficult sometimes to protect the water resources of Collier County. This area here is probably one of the last opportunities for future water supply of Collier County. Let me reiterate, cheap water. As we move into the future, there's plenty of water in the Gulf. We can go to desalinization, you have byproducts of desalinization, we can go to aquifer storage and recovery, yet there's limitation and there's impacts. But this is an opportunity that we see a direct correlation with the current well fields. It improves the groundwater recharge in the area, and it's just an opportunity. And to be short-sighted wouldn't be the best management for Collier County. And I really need this board to really look at this issue. And I need to know what the problems and the concerns are, because there's a lot of investment made into this acquisition, and we're looking at it as a future water resource for Collier County. And we need to discuss these issues. There's issues with the roads. We need to look at that. Maybe this isn't as cheap as 15 million. Maybe this will have to be a 25 million dollar project to add additional culverts, some bridges, to make sure we provide access. CHAIRWOMAN MAC'KIE: That's why Collier County staff has got to get actively involved in the process, to be sure that those -- MR. TEARS: It's extremely important because we're looking at year 2002 to hopefully start this project. If we don't start it then, it will not happen, unless the taxpayers of Collier County pay the funding that's available from the Federal Government. I have a time frame and I'm trying to live within that time frame to make it happen. CHAIRWOMAN MAC'KIE: The time frame is when we can get Federal money as opposed to having to do it -- MR. TEARS: Well, under the Water Resource Development Act, there's a certain time frame when you have to start construction, and that's approx -- I think it is year 2002. And I'm trying to stay within that time frame to make sure I can get Federal money in Collier County for this project. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: You know, we could all sit up here and just let these things roll and, you know, hear the presentation and just sit here and be like a bunch of nodding heads and let it go at that. But we do have a lot of concerns. It's not just as simple, you know, as listening to the preservation (sic), sitting up here and nodding and ignoring some of the problems that are going to exist. All I'm Page 37 March 9, 1999 asking is that we be aware of those problems and that we try and work to try and get some kind of a reasonable agreement or settlement with that. I'm not real excited by the eminent domain thing, but that is something that we need to know about and let these people know so they don't think that -- you know, they may not be able to stay out there, but what -- and what's going to happen -- and we need to know that, because we don't need to be led down the merry path that everything is being acquired, everybody's in agreement, everybody's happy. Well, that may well not be the situation. MR. TEARS: I tried to be up front with -- COMMISSIONER BERRY: I hones -- I appreciate that. MR. TEARS: -- you in saying eminent domain is realistic when you have 10 percent left and if you need it. It just hasn't been really discussed at the state level yet with the new Governor, and it's an issue that will have to come up in the near future. COMMISSIONER BERRY: Well, he needs -- the Governor needs to be aware that he may be displacing people. He needs -- MR. TEARS: Yes. COMMISSIONER BERRY: -- to know that. MR. TEARS: We're going to try to work with the county staff, find out how many residents are really out there that are actually permitted and how many are not permitted. And you'll be surprised that probably the majority actually have no permits for what they have constructed on that -- CHAIRWOMAN MAC'KIE: Let's pause here, and I just need to ask the court reporter, we have two more speakers, can you last 10 more minutes? THE COURT REPORTER: Yes. MR. TEARS: But it's a real difficult project. It was already started before I came, and I'm just trying to let you know what's going on. And there is some problems. There's some infrastructure -- CHAIRWOMAN MAC'KIE: It's not easy. MR. TEARS: -- that's under the county's jurisdiction that will have to be removed. And we just need to work together to make sure if this is a doable project or not. MR. CUSTER: And one last comment. Ed Custer, land acquisition. Part of this Federal grant also is, is that the state is offering, which is now particularly important with these improved properties, and I will point out legally improved. And I've been talking with your head of the Building Department. We're going to need to identify who's legal, who's not. But there are Federal relocation benefits. In fact, there was a reference made to a gentleman, a Mr. Kellerman, who owns a home out there, and his offer, et cetera. In addition to the offer to purchase the property, we have also offered to provide replacement housing benefits, which would involve us going out under the Federal Uniform Relocation Act, finding three homes of comparable size, number of bedrooms and square footage available currently on the market, and offering a replacement housing differential to pay the difference between what the appraised value of Page 38 March 9, 1999 this property is and decent, safe and sanitary housing, which will mean that while perhaps Mr. Kellerman does not have water and electricity where he's currently living, that through that Federal program he would be provided sufficient funding to move into a house of comparable size to his current dwelling, which would probably be in an area, for instance, across 1-75 and Northern Golden Gate Estates, or wherever he so desired to move. And those benefits, either for moving expenses, for businesses and replacement housing or rent differential payments for, as I will point out, legal permitted residents and occupants in there will be available through the Federal program. MR. AGOSTON: Was he explained that? MR. CUSTER: Yes. He received a letter to -- CHAIRWOMAN MAC'KIE: People, let's have this discussion -- guys, I'm going to try to get us moved back and go back to our registered speakers. MR. FERNANDEZ: Madam Chairman, you had two final speakers, but I've just been handed three additional speakers well after the item was introduced. Next two speakers are A1 Perkins and Doug Rankin. MR. PERKINS: Good morning, commissioners, people in the audience, people at home. I hope you're paying attention, because these people that have been talking here this morning are spending your money and you're paying them to do it. They're spending it three times out. Three times. You're paying them to do it, they're taking away your tax base and also, you're going to end up paying for the project and their time. They didn't come down from Tallahassee for free. In the past I've made presentations to this board and have proven with Jane Scenic Drive and the Marco Island airport that the Department of Environmental Protection lied to you people big time and they admitted it right here at this panel. Secondly, if you read the Naples Daily News a few years back, there was pictures in there showing the deliberate flooding by the South Florida Water Management of the Belle Meade and Southern Golden Gate Estates. Now, when I mention this, I'm talking about credibility. You can't trust these people. They'll tell you anything that you're stupid enough to believe. So pay attention. Money, money, money, money. Clarence Tears talks about oh, we've got to stop the water from going out of the Port of the Islands. He also takes and approved two million dollars to take and give it to Southern States Utilities, which is now Florida Waters for ASR wells 800 feet down. So take the water and put it down; put it up where you can get it for the city and for the county. Save the water. In fact, I advocate recycling of the effluent. All we do is create our own problems, and problems are very profitable. And you people are paying the bill. You eliminated three million dollars worth of tax revenues coming out of the Belle Meade, Southern Golden Gate Estates and the Page 39 March 9, 1999 Fakahatchee. It's your money, people, and you're paying these people to do it and you're paying those clowns up there to do it. The Corps of Engineers, their credibility stinks. They're the ones who gave all the permits and went through all the motions to permit this thing to go in and to put the canals where they are. This wasn't just an accident. There was a ton of studies that went in this. Not only by the state, the Federal, but Collier County. I've been here too long, I guess. Roadways, and the grade. If you people haven't been out there, if they put Southern Golden Gate Estates under water right this minute, you can row a boat across 1-75, because the elevations are that far off. You talk about market. I did my homework, and I've got a stack of these. Where these people have bought the property years ago, 4,200, $7,000, turn right around and sold it for $700 and $400, and paid an attorney and had closing costs. Point being, why didn't they let it go back for tax deed or why didn't they just donate it to the state or to the county? Because these people are trying to make a statement that they're getting worked over big time. They paid taxes all this time. Yet here you go, you put it to them. As far as the evacuation routes going in there from Marco Island, Goodland and all along, even the new developments, Miller Boulevard has to be put in. Otherwise you ought to be held criminally negligent, and the state also. Sable Palm Boulevard needs to be put in for evacuation, but to get a fire truck in there and to get an ambulance in there. These people are out there. Then you turn right around and say hey, we're going to make this the Picayune State Forest, whether you like it or whether you don't. You all come down, horseback riding, camping, trail rides, bicycling, camping, the whole five yards, but we can't get to you if you get hurt. Bring it on and die. Wake up, people. This is the borderline. Because if the environmentalists get away with this, the next thing is going to be encroachment. This is a cancer throughout this entire country, as far as that goes. It needs to be stopped right where it is. Stop it while you've got the chance. By the way, we have school bus service out there, whether you people know it or not, to the kids. What this tells you is the little kids that you're complaining about are the ones that are going to be going to school on those school buses. And they didn't send it out there for one child, because they have a station wagon for that purpose, and they can put six kids in. But they send a school bus out. That tells you there's a ton of people out there. Go find out who's -- don't believe your staff. Staff and half of these environmentalists will tell you exactly what they want you to know and nothing more. CHAIRWOMAN MAC'KIE: Thank you, A1. MR. PERKINS: Thank you very much. MR. FERNANDEZ: Next speaker is Doug Rankin. Page 40 March 9, 1999 MR. RANKIN: Yeah, Doug Rankin. I'm going to make it very brief. I was actually here for another purpose, as you know, later on today, and when I heard about this and some things that I don't think have changed in a meeting that was held at the Golden Gate Community Center several years ago, I think you definitely need to have county staff at these meetings. I've lived in Florida all my life. My grandparents got to this coast in 1928, just in time for the last storm that broke the dikes on Lake Okeechobee and killed about 2 or 3,000 people and ended the last great Florida land boom. This project, in much the way I'm seeing it here, was brought to our attention several years ago at a meeting at the Golden Gate Community Center. And understand something, I support with due provision made for those people you're going to leave out there and not strand, this project. But I have several concerns about it. One, have I a concern that it's actually going to be for public recreation and not for some creation of somebody's thiefdom (sic). I don't care, you can go out to the most pristine, beautiful parks in the world, Yosemite and all that. The areas that have public road access get 99 percent of the use. Those that don't get one percent of the use. And if this place is going to be sealed off and unavailable for roads, unless you've got a four-wheel drive or unless you've got a swamp buggy, nobody's going to use it. It's just going to be somebody's thiefdom. That's my first concern. My second concern is something he kept flooding -- he kept indicating was a benefit. And, you know, I've lived in Florida all my life and I don't know where he's from but he must be up north, because we always -- when I was growing up, we'd always laugh about the northern engineers coming to Florida, going to tell us how to build Florida. If he thinks he can out-pump a hurricane, he is nuts. When this project came up to that Golden Gate committee meeting, we indicated that, you know, those of us who live in the Northern Golden Gate Estates, they're very much concerned about flooding, especially when I have heard proposals, either as a part of the county drainage proposal overall, or as a part of future estate plans to eventually reverse the flow on the main canal and head it out through the southern estates instead of having it point discharging in Naples Bay. There are other alternatives to that, but that's one of the proposals that's out there. This will -- this is about three-quarters to a half of the drainage for Northern Golden Gate Estates now. And if they do that, it will be 100 percent of the drainage, or not near 100 percent. And when we had that meeting, we said you can't put a wall there and stick a pump there and expect to out-pump a major storm event. You need to have gates that you can throw open in an emergency and let this water flow. Because number one, even if you could put a big enough pump out there, which you can't, it's not going to run real well under six or eight feet of water, even if it has a generator, because it won't have Page 41 March 9, 1999 any power during those kind of storm events, as anybody that lives in Florida knows. So I'm very concerned that his big push for this, that this is going to prevent flooding in the Northern Golden Gate Estates, it's going to do exactly the opposite. CHAIRWOMAN MAC 'KIE: But there's a lot more to that plan than just that piece. MR. RANKIN: No, but I mean, that is a serious concern, because you're talking about putting a wall in front of a major portion of Northern Golden Gate Estates drainage, and the only alternative to an emergency is one or two lousy pumps that can -- you know, my professor undergrad at cuing theory said you can never plan for an overload. And you need to plan for an overload. That needs to be done. And, you know, we need to have access out there. Because I enjoy taking my boys out there. And these people, yeah, I feel sorry for them. They live out there. If they're not going to be bought out, then they deserve to have access. And even if it is a park, you go out to Collier Seminole, you go anywhere, you got to have access into these area. And -- CHAIRWOMAN MAC'KIE: Remember that "I'll be brief" remark. MR. RANKIN: And no matter what they say, historically, when Florida was in its natural state, the entire state was burned over every seven years, was -- on average. And that was when it was in its natural state. That's a correct statement, I believe, isn't it? So even if they were to take this back to 30 inches, you're still going to have major fires out there. It's not going to eliminate the problem. And you can' t let them burn out of control. People in Yosemite found that out a couple years ago. You can't let fires in rural areas burn out of control. They tend to end up in cities eventually. So you're going to need access out there to be able to deal with that problem. And that's my only concern, that these matters be addressed in realistic manner, and I very much suggest, yes, that the county get involved. Because these fires, these floods, are going to encroach on the area you're responsible for. COMMISSIONER CONSTANTINE: Comment. CHAIRWOMAN MAC'KIE: With regard to the balance of the speakers who registered after the fact, are those people who are familiar with our process, or are these people who have traveled in from the eastern part of the county and might not have been as familiar? MR. FERNANDEZ: It ' s a mixture. CHAIRWOMAN MAC ' KIE: Well, who are they? COMMISSIONER NORRIS: Madam Chairman, may I say something? CHAIRWOMAN MAC ' KIE: In just one second. MR. FERNANDEZ: Emilio Baez, Bernie - - CHAIRWOMAN MAC ' KIE: I think he has to speak, he ' s been here the whole time. MR. FERNANDEZ: Bernie Nobel. Page 42 March 9, 1999 CHAIRWOMAN MAC'KIE: Who is that? Yes, so he has to speak, he's been here this whole time. MR. FERNANDEZ: David Guggenheim~ CHAIRWOMAN MAC'KIE: He knows better. Sorry, David. MR. FERNANDEZ: And Jeff Walls. CHAIRWOMAN MAC'KIE: And he has to speak. I mean, I just can't see cutting people off who have come in this far and aren't familiar with our process. But Commissioner Constantine had a comment. COMMISSIONER CONSTANTINE: No, I'll wait till we're done with speakers. CHAIRWOMAN MAC'KIE: Please call them. MR. FERNANDEZ: Emilio Baez and Bernie Nobel. CHAIRWOMAN MAC'KIE: Okay, five-minute break, because our court reporter's hands are going to fall off if we don't. We'll be back in five minutes, and really five. (Recess.) CHAIRWOMAN MAC'KIE: We'll call the meeting back to order, March 9th, 1999, Board of County Commissioners, and ask ~- just go ahead and come forward, please. You're our next speaker. Identify yourself for the record, please. MR. BAEZ: Okay. Hi, my name is Emilio Baez and I've lived in Naples almost 32 years. CHAIRWOMAN MAC'KIE: That has to be most of your life. MR. BAEZ: Almost. You know, I've never really got up and spoken on the intercom, because I always get nervous, but what I wanted to say is, okay, I bought 95 acres off of Sable Palm Road, and I am not on the list, because they had a boundary line where if you didn't want to be in it. And Cathy is right next to me. And when we had these workshops, they promised us that we would not be under element (sic) domain, it would be a willing seller, willing buyer. And now the only way that we get to our property is from Miller and go down 78th. And you know, they've taken Alligator Alley, they closed us off when we used to come in there and onto Miller, and they don't let us -- now they want to tear up all these roads. I was the one that was head of the petitions for closing off when they wanted to close Jane Scenic to us, and we got all the signatures. And I just think that, you know, you all need to stick up for us a little bit and not let them get away with all this stuff. I mean, if they want to do it, well, leave the major roads in like Miller and maybe Lynch are the furthest ones away, so people can get in there. If they really are going to do this for the people to be able to get to it, you know what, then why take up the roads? What, are they going to flood it, are they going to let us get out there by boat? I mean, you know, I just want to know what is the real intention. If they want to do -- I'm not against the animals, not at all. I've lived here, like I said, almost 32 years, but we have a right, too. I mean, we should have our portion. I mean, sure, Naples is growing. I hate to see it. I've lived here when it was hardly anything. But, you know, I bought it, I spent Page 43 March 9, 1999 -- I bought 95 acres, it's all paid for. I used part of my inheritance to buy that lands. And you buy -- I've told them, you know, you -- I'm six miles from 951. You purchase me property the same area and I'll trade it. But oh, no. Where are they going to buy at $2,600 an acre, you know, where are they going to put me at? Out there off of DeSoto? Thank you very much. Thank you for your time, and please help us. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Bernie Nobel. Did you say you wanted to pass David Guggenheim? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: And then Jeff Walls. MR. NOBEL: Good morning. Bernie Nobel, on 124 and Miller. And in the past I've been on different areas that wanted to put camping and hunting. Like the Fakahatchee Strand, there was times where it was supposed to be able to go through there. They took that away. The Big Cypress. There was times where you could go on Bear Island anyplace, now you're just designated trails. And here we're going to have a recreation area, which they say we're going to have and develop into. How can you do it when it's all going to be flooded? And another thing is, what are they going to do with those nice little quail we got there? The quail are going to be gone if you're talking about flooding. And we have wildlife. They want to go ahead and say we got to remove that area to be for the future. So what are they going to do all these here -- with the water? You're going to have fish in there? I mean, you need a lot of fishing area, which you don't have much of. So I'm just there -- what they're going to do with the roads. I mean, you can culvert roads. They talk of culverting on Miller already. But then they don't want to have Miller come through. And I just cleared a big area of trees, I can't help it. I didn't do it with a permit either. I can't help it. I've got to have a place for a helicopter to come in. How can I have an ambulance come into my territory? I have no ambulance service there. And I mean, we're sitting back there, we just spent five days back there, to a week, we do at a time. And I've got a nice camp back there. And I just can't see -~ I don't intend to ever sell it. I've got to have something for my great grandchildren to have. Because I've been removed from going out to Bear Island. You can go back there and hunt, but it's in designated areas. And that's what develops when they take your land away, you have no place to go anymore. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Final speaker is Jeff Walls. MR. WALLS: Hello, my name is Jeff Walls. I want to introduce myself. I have a drywall company here in Naples. I have three children. Been married for the last 15 years. I also was appointed by the Governor of the State of Florida and I preside on the Workers' Page 44 March 9, 1999 Compensation oversight board, so I do know a little bit about the governmental process and get to participate in it. The reason that I'm here today is to talk about -- I have 40 acres in the Belle Meade in section 23, with a house and a barn that's all fenced with cows. I go out there probably three, four days a week and I spend the other three, four days a week in town. My kids love it. I mean, it's a family environment, all right? What's going on here, when I see when it comes to the Belle Meade area, we've already got horse stables because the horse people got money and they're a special interest group. There's horse trails going in there but there's no ATV trails. There's no ATV trails because they don't want ATV's. And I called Tallahassee -- well, I go to Tallahassee once a month -- and I asked the guy who's the head of that department. I said, you know, "We hunt off ATV's and swamp buggies." "Well, I've never heard of hunting off a motorized vehicle in my life." CHAIRWOMAN MAC'KIE: Oh, for heaven's sake. MR. WALLS: So if we're dealing with people that are real familiar with their area, I don't believe that's the case. We're not getting accurate representation. Number two is if it's going to -- I read the other day, Governor Job Bush, when he was talking about preservation 2000, he made a special point to say that if we're going to acquire these lands, that it has to be -- have public access. I mean, you're going to take my taxpayers money and my property, and we're not going to be able to use it. Now, we can say we can use it. We just block all accesses, except for the special interest groups people like the horse people up Infield Road that already have trails, already have the stables there. And I'm not picking on the horse people. They obviously did something right we didn't do, okay. And I don't have any problem with that. I'm glad that they were successful in their venue. All I'm asking is, is my place doesn't get eminent domain. And I'm going to tell you another thing. When you talk about eminent domain, and I know how the state works on some of these things, I have enough money to pay myself so -- when it comes to that part. But on the other case -- I want to tell you just one of the things that happened last week -- two weeks ago. They gave me one week to move my fence line. Half a mile fence. I got cows back there. They said Sonya Durwatch (phonetic) of Division of Forestry, seen me coming down the road. She stopped me, she said, "Guess what, Jeff? Your fence needs to come down because it's 10 feet on one side and 20 feet on the other side on state land. So you've got till this weekend to replace it. I got out there that weekend, the state already cut my fence down and I've got cows running everywhere. MR. PERKINS: There you go. MR. WALLS: I mean, this is the kind of attack -- I don't do anything to antagonize. But by the time we're out there -- we keep people from dumping, we watch the thing. If we let that land go out there, it would be the next Collier County landfill. I mean, we see Page 45 March 9, 1999 it happen. I can take you through trails out there where stuff has been dumped yesterday. And if you take everybody away from there -- we watch what's happening. I don't destroy anything out there. We don't -- we go out there to enjoy the peace and quiet and we enjoy the trees. We don't cut them down and try to wreck the earth. I appreciate your time and just think about us when we're making all these decisions, because I don't know that we're represented in Tallahassee. Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Thank you. Commissioner Constantine? COMMISSIONER CONSTANTINE: Just one of the points near the end was about the difference. For years we were all told that it was a voluntary selling program and only those people who wanted to sell would be forced out. Anybody who wanted to stay could. And so I am not surprised but I am a little disappointed to hear something other than that now that that's a possibility. I think if someone has 40 acres or 96 acres and has their home settled in there, we should do all we can do to make sure we protect that. And the American dream, you know, the home is about as sacred as it gets. And despite all the beatings they've taken today, I want to give DEP a little bit of credit. The last -- there was about a 15-year period where nothing happened. Very little happened. They prohibited power and they prohibited a lot of services out there and really did as much as they could to prohibit some of the transportation issues from being taken care of, but very, very .little was done as far as the purchases. And about two years ago they heard our unhappiness with that. And we went ahead and said if they did not start doing something in one direction or the other, we were going to allow power and all those various things out there. So I think those maps are significant, and the fact they've done a lot of work in two years deserves some credit. And then for those folks who were willing to sell at a reasonable price have finally had the opportunity to do that that they didn't have for an awful long time. Most importantly, we need to be part of the process, and I think that was Clarence's suggestion and the DEP's suggestion for the beginning is an invitation for us to have a seat at the table and be part of the process. I think the access issues, the emergency service issues, the public access, are all very, very valid issues, and we need to just make sure we're part of the discussion. So I -- despite the fact I disagree on the direction on some of the individual parks, I very much appreciate them coming and giving us the update and opening that door for us to come and be a part of the discussion. Because that's the only way we're going to where I think we need to be. CHAIRWOMAN MAC'KIE: Where we can protect those issues that are brought before us today. And I hear you. As much as I'm a supporter of this process and this project, and I am, I also know that there's got to be balance. Page 46 March 9, 1999 There's got to be a middle ground. And I want to be able to go out on this land. I want access to this land. I don't want -- you know, I want to be able to take my kids out there. COMMISSIONER CARTER: Commissioner Mac'Kie? CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER CARTER: Who is the point person for us in the county on this? I think -- CHAIRWOMAN MAC'KIE: Good question. COMMISSIONER CARTER: -- this is really, really key that we establish that so we're a part of that process. I appreciate the people that were here this morning, I believe in the process, but we've got to get the county involved and we need somebody who is the team leader or project leader so that we get regular updates and know where we're going on this. CHAIRWOMAN MAC'KIE: And I'm going to go out on a limb here and tell you that's something you're going to hear from me at budget workshop time is that we are understaffed in the area of environmental matters, and that this is a perfect example of why we need some more senior people in that department. But Mr. Fernandez, is there an answer to that question? MR. FERNANDEZ: I think the answer is that we are not the leadership agency in this project. And as such, I don't think there has been a designation of a direct single person staff contact point. For the purposes of this presentation, I asked Mr. Cautero to make the arrangements to set up the presentations and to contact the necessary agencies. But I don't know that the county has served in a direct -- COMMISSIONER CONSTANTINE: Would you have any objection to Mr. Cautero serving as the liaison for this purpose? MR. FERNANDEZ: I have no objection. CHAIRWOMAN MAC'KIE: So if we could make that designation today so that it's clear that where the lines are -- COMMISSIONER CARTER: You're glad you're here this morning, aren't you, Vince? CHAIRWOMAN MAC'KIE: But it really does make the point that Vince needs some help in these kinds of areas. I hope we'll remember this when we get down to budget time. COMMISSIONER NORRIS: It seemed to be a military style volunteer process, though. CHAIRWOMAN MAC'KIE: Yeah, step forward. Two steps back. Okay are we done with this item? Anybody have any other comments? Item #8A6 ADMINISTRATIVE SUBDIVISION AND PLAT APPROVAL PROCESS - REPORT PRESENTED BY STAFF Page 47 March 9, 1999 We can move on then to -- oh, hopefully we're going to have some great good news about how we can streamline our plat process and stop doing it the way we're doing it. MR. MULHERE: For the record, Bob Mulhere, planning services director. I would say part good news and part not such good news. In reviewing the statutes, Florida Statute Section 177.071 requires that plats be approved by the governing body, in that case, the Board of County Commissioners. And in preliminary discussions with the County Attorney's Office, that does present a problem for having that process take place completely administratively. However, on the good news side, we do think that we could shave a few weeks off the process by allowing the security portion of the platting process to occur after the board approves the plat and that those plats could be on the consent agenda. CHAIRWOMAN MAC'KIE: I know that there are counties that have -- you said in Alachua County you did it without -- they didn't have to come to the board the way we do it here. COMMISSIONER CONSTANTINE: Up north they did it differently? CHAIRWOMAN MAC'KIE: Yeah, but aren't you guys interested? I mean, if I'm the only one, then we'll hush, but are you interested in trying to move this off the agenda? It just takes up so much bulk and it slows people down. COMMISSIONER NORRIS: Well, it does, but it's not very time-consuming. I don't recall in the six years I've been here having a long extended discussion on plat. COMMISSIONER CONSTANTINE: Not as long as this discussion, anyway. MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER NORRIS: Not as long as this discussion. But the point is that there are certain things that are the responsibility of the county commission, and we need to do them. MR. MULHERE: I did inquire, too, about just an informal poll to eight different counties. Two of those counties did administratively approve the plats. However, I think that if we ask either Heidi Ashton or County Attorney Mr. Weigel to comment, that arguably that's still in conflict with the statutes, whether they do it or not, so -- MR. WEIGEL: Two wrongs don't make a right. CHAIRWOMAN MAC'KIE: Okay. So not much we can do. Thank you for the report. MR. WEIGEL: No, that's not the -- you're getting a little ahead of us here. And the fact is, is Ms. Ashton, do you want to go ahead and report? MR. FERNANDEZ: So there are some things we can do. MS. ASHTON: For the record, Heidi Ashton, assistant county attorney. We can support the administrative procedure in approving a plat. We would recommend that you continue to approve the plat on the consent agenda. However, the problem is with the performance security. We have construction maintenance agreements, bonds, letter Page 48 March 9, 1999 of credits that ensure that the subdivision improvements will be constructed. And that seems to be where the problem is. Alachua County, I did talk to the county attorney, and they administratively approve the performance security. The plat does remain on the agenda. Lee County, though, I will let you know, they do approve the whole process administratively, but I really cannot support that in light of the statute. But what we can do is adopt a resolution authorizing the current chairman to approve the performance security after it's been approved by the County Attorney's Office and approved by staff, and then authorize the chairman to sign it when each plat is approved. And that should eliminate much of the problem. CHAIRWOMAN MAC'KIE: Okay. We'll do what we can. Anything else, board members? Thank you. Item #8A7 FINAL PLAT OF "PELICAN STRAND REPLAT TRACT 15" - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, STIPULATIONS AND LETTER OF CREDIT Speaking of plats, do I have a motion on the Pelican Strand plat? COMMISSIONER CONSTANTINE: So moved. COMMISSIONER BERRY: Second that. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. That was item 8(A)(7). Page 49 HAR O 9 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ~ day of ~ ~ , 19~_~. between PELICAN STRAND, LTD. a Florida Limited Partn~]ship by PELICAN STRAND DEVELOPMENT CORPORATION, its General Partner, (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board") and CREDIT SUISSE FIRST BOSTON (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as PELICAN STRAND, Tract 15 of Pelican Strand Replat- 1 C, B arclay Lane. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction contract prepared by Port of the Island Construction, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the contract, Exhibit "A" C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated July 2, 1998, (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $193,690.30, and this amount represents 110% of the Developer's contractor's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 12 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes lender to hold $193,690.30 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 9 199.q 3. Lender agrees to hold in escrow $193,690.30 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit no more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $17,608.21, which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. COLLIER COUNTY LAND DEVELOPMENT CODE However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notii~y the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement; 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. APPENDIX A - STANDARD LEGAL DOCUMENTS 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period' by the Developer upon submission of a written request inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of ~1~ ,1995. Signed, Sealed and D~ered in the PELICAN STRAND, LTD., '% - A Florida limited partnership ' dLt6it,fM/arLfj ,~-bceu~tC'x By: Pelican S~r · LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, A Delaware limited liability company (Print Name) By:?~,/,~ Attest as to Chatr~an's si~a'tUre,~onll. ATTESTi. Z ,.. BOARD OF COUNTY DWIGHT E. BROCK, CLERK COMMISSIONERS OF COLLIER ... ' D~TpUt~,Clerk* ' ~' la S. Mac'Kie -L,David C. Weigel, County Attorney u ~ The foregoing instrument was acknowledged before me this//~ 'q2~day of ~ . 1999, by Icicle',\ q ~,cq',-~c . ~of Credit' Suisse First B~ston Mortgage C~it~ ~LC,. ~h.o. is personally nown to me 7r who has produced ,, . MERY ROSADO N t ~ ~ bV S~ t New or CommiSSion ::~pire ~ JOINDER The undersigned, Norwest Bank Minnesota, a national association, as Trustee under the Pooling and Servicing Agreement dated November 11, 1998; and Odeon FL Trust, a Delaware business trust, as owners of a participatory interest in and to the Mortgage now held by Credit Suisse First Boston Mortgage, LLC from Pelican Strand, Ltd., does hereby join in the execution of this Construction, Maintenance and Escrow Agreement for Subdivision Improvements for the subdivision to be known as Pelican Strand Replat Tract 15. The joinder of said parties is as reflected on the signature page attached hereto. QBNAP\!75228. I (o 'i- NORWEST BANK MINNESOTA, a National Association, as Trustee under the Pooling and Servicing Agreement dated November 11, 1998, for the Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-FL2 By: Pacific Life Insurance Company, a Print name below: Title: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of (~)f'r___/i~,~ ~ ' ' Dale/ / ' Name and Title of Officer (e.g., "Jane Doe,,/Notary Public") v Na,~e<s) of Sig~er(sl ........ ~/ E~personally known to me [] proved to me on the basis of satisfactory evidence to be the personEs. J whose name.(..~. is/ar_ge subscribed to the within instrument and acknowledged to me that he/she/th.b~_ executed  the same in his/her/thei_~r authorized ~ i ............ !~ capacityie(j~, and that by his/her/thei___r t GLEN I~OSENZWEIG i signature(.~) on the instrument the persons(E)., or ,'-i :(> Commission # 1 ] 62]38 ' ~ ,~ N · . . . - the entity upon behalf of which the person(s) ~ otap/' PuDhc Cahforn~ __ WITNESS m/~=~fficial s~eal. Place Notary Seal Above (r- Signature~a~Pu~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document  ~tle or Type of Document: ~ Document Date: Number of Pages: ~"~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ~ Signer's Name: ~ '~ [] Individual Top of thumb here ~;~' . [] Corporate Officer -- Title(s): i'i [] Partner -- [] Limited [] General ~; [] Attorney in Fact ' !:~ [] Trustee ",, [] Guardian or Conservator [] Other: :is Signer Is Representing: :.:', © 1997 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ODEON FL TRUST, a Delaware business trust By: Wilmington Trust Company, not in its individual capacity but solely as owner as owner trustee of ODEON FL Trust iritnes'r~'i Namei ff'c;~c;ll~ 14~,--~,:,-,,, ' as attomey-in-fact3 'P~,na, me be~ Witness #2 e toregoing instrumen was knowledged before me this/~'d'SL'day of it(omey in f~r Wilmington Trust Company, the ~ner Trustee of ODEON FL Trust, who is personally known to me or who has produce ~ as Co~ mission Expires: otary Public Commission No. I0 oF/O EXHIBIT "A" PELICAN STRAND - TRACT 15 Quantity Units Unit Price Total MOBILIZATION 1. Mobilization I LS $1,200.00 $1,200.00 $1,200.00 SEWER 1. 8" Sewer (0-6') 223 LF $21.52 $4,798.96 2, 8" Sewer (6'-8') 614 LF $23.20 $14,244.80 3. 8" Sewer (8'-10') 187 LF $24.35 $4,553.45 4. 8" Sewer (10'-12') 127 LF $28.56 $3,627.12 5. 4' Dia. Manhole (0-6') 2 EA $1,330.91 $2,661.82 6. 4' Dia. Manhole (6'-8') 3 EA $1,569.58 $4,708.74 7. 4' Dia. Manhole (8'-10') I EA $1,974.34 $1,974.34 8. 6" Lateral Service (single) 1,040 LF $7.00 $7,280.00 9. Clean*outs 27 EA $110.00 $2,970.00 10. Connect to Existing I LS $650.00 $650.00 11. Testing - Video 1,151 LF $1.10 $1,266,10 12. Video - 1 year 1,151 LF $1.10 $1,266.10 Subtotal $50,001.43 WATER 1. 8" CL150 1,320 LF $16.00 $21,120.00 2. Fire Hydrant Assembly 2 EA $1,950.76 $3,901.52 3. Gap Connection I EA $1,200,00 $1,200.00 4. Tie-in Existing 2 EA $650.00 $1,300.00 5. 45 Degree Bend 4 EA $269.48 $1,077.92 6. 22 1/2 Degree Bend I EA $269.48 $269.48 7. 4" SCH40 Conduit w/Markers 180 LF $6.00 $1,080.00 8. Testing & Chlorinate I EA $725.00 $725.00 Subtotal $30,673.92 DRAINAGE 1. 15" RCP 79 LF $17.56 $1,387.24 2. 18" RCP 35 LF $20.17 $705.95 3. 24" RCP 148 LF $25.44 $3,765.12 4. 30" RCP 248 LF $32.78 $8,129.44 5. Field Inlet 2 EA $1,218.39 $2,436.78 6. Curb Inlet 4 EA $2,295,00 $9,180.00 7. Pipe End Treatment (Rip-Rap) 2 EA $450.00 $900.00 Subtotal $26,504.53 PAVING & GRADING 1. I 1/2" Type S-Ill Asphalt 3,318 SY $3.28 $10,883.04 2. Prime &Sand 3,318 SY $0.30 $995.40 3. 6" Limerock Base 3,318' SY $4.75 $15,760.50 4. 12" Stabilized Subgrade 4,159 SY $1.75 $7,278,25 5. Curb Type "A" 82 LF $5.25 $430.50 6. Valley Curb 2,734 LF $4.75 $12,986.50 7. 5' Sidewalk 741 SY $13.78 $10,210.98 8. Sod 1' Strip 2,816 SF $0.14 $394.24 9. "P' Curb Removal I LS $400.00 $400.00 10. Signage &Striping I LS $0.00 11. Street Lights I LS $7,963.20 $7,963.20 Subtotal $67,302.61 vlAtR ~ 9 EXHIBIT "A" PEUCAN STRAND - TRACT 15 MOBILIZATION $1,200.00 GRAVITY SEWER $50,001.43 WATER DISTRIBUTION $30,673.92 STORM DRAIN $26,504.53 ROADWAY $67,302.61 $175,682.49 NOTES: 1. If blasting is required, $7.00/LF. 2. Construction layout by Community Engineering Services 3. Testing by Owner. 4. Rock Removal by T&M agreement. 5. FPL, UTS & CTV sleeve crossings not included. 6. Storm Drainage crosses existing golf course (restoration to golf course by others.) 7. Paving one lift only. March 9, 1999 Item #8A8 PETITION VAC-99-006 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC,S INTEREST IN A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A UTILITY EASEMENTr LOCATED IN CROWN POINTE SHORES III CONDOMINIUM - APPROVED And now we have 8(A) 8, a petition -- COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) Passes unanimously. Page 50 03/03/99 16:43 FAX 9416436968 COLLIER CO COMMUNITY DE¥ ~ 002 2447595 OR: 2523 PG: 0977 RECORIJBD in O~[IClAL RKORDS of COLLIIiR COUNTY, ~L 03/15/1999 at 08:32AM D~IGHT J. BROCK, CL~RK R~C BH 19.50 D0C-.TO .70 C0PIJS ~.00 Retn: f0 e0uu MAR 0 9 1999 INTBROFFICJ 4TH FLOOR BiT 7240 QUITCLAIM DEED THiS QUITCLAIM DEED made this ~¢ day of "fJ/~,t4,-, 1999, by the Board of County Commissioners of Collier County, Flodda as the governing body of Collier County and as the ex-officio governing body of the Collier County Water-Sewer District, GRANTOR, and Crown Pointe Shores III Condominium Association. Inc., whose mailing addtee:; is: 5551 Ridgewood Ddve, #203, Naples, Florida, 34108, their successors and assigns, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of Petition VAC 994:)06 and the sum of Ten Dollars an ~ other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all fight, title, interest, claim and demand which the said GRANTOR has in that certain portion of a Utility Easement interest in, of, and about the following described lands being located in Collier County, Florida, to-wit: L ',See Exhibit 'A" attached hereto and incorporated herein by reference) ;j. This Quitclairr Deed does not extinguish any platted interests. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by the dOAFi D OF COUNTY COMMISSIONERS acting by the Chairman and Vice Chairman of said Board, the day and year aforesaid. ' 'DATEd"' .~!?iiATTES+~: (:'i' BOARD OF COUNTY COMMISSIONERS · ;:', .'DWI~Hf E;" B'~CK. ,'Jerk COLLIER COUNTY, FLORIDA .... ,... ~MELA S, MAC'KIE, i~woman Ass ,;~ .... NAR 0 9 1999 BBLS SURVEYORS AND MAPPERS INC. 1052-A RAn.HEAD BOULEVARD NAPLES, FLORDA 33963 TELEPHONE: 941-597-13 15 FAX: 941-597-5207 CROWN POINTE SHORES AREA OF EASEMENT MODIFICATION sh,~ ~ of 3 VAC 99-006 (TO BE REMOVED) LEGAL DESCRIPTION A PORTION OF TRACT "A", CROWN POINTE SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, AT PAGES 55 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT "B", OF SAID CROWN POINTE SHORES, THENCE N.00°38'41"W., ALONG THE EAST LINE OF SAD TRACT "B", A DISTANCE OF 303.21 FEET TO THE NORTHEAST CORNER OF SAID TRACT "B", THE SAME BEING THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE N.00°38'41 "W., ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF 636.29 FEET; THENCE S.89°21'19"W., A DISTANCE OF 61.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 945.00 FEET, A CENTRAL ANGLE OF 05°3T20'', A CHORD BEARING OF N.09°54'39"W. AND A CHORD LENGTH OF 92.69 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 92.73 FEE,'gTO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 03037'26", A CHORD BEARING OF N. 10°54'35"W. AND A CHORD LENGTH OF 21 18 FEET; THENCE ALONG . THE ARC OF SAID CURVE, AN ARC LENGTH OF 21.19 FEET TO THE END OF SAID CURVE; THENCE N.00°41 '56"E., A DISTANCE OF 97.44 FEET; THENCE N. 89°18'04"W., A DISTANCE OF 2.44 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 09o24'00", A CHORD BEARING OF N. 12° I9'56"E. AND A CHORD LENGTH OF 54.90 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.96 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE _I;EFT, HAVING: A RADIUS OF 265.00 FEET, A CENTRAL ANGLE OF 00°14'00", A CHORD BEARING OF N. 16°54'56"E. AND A CHORD LENGTH OF 1.08 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 1.08 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 08o04'32", A CHORD BEARING OF S.07°32'03"E. AND A CHORD LENGTH OF 21.12 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 21.14 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 202.00 FEET, A CENTRAL ANGLE OF 10°55'38'', A I OF3 liAR O g 1999 CHORD BEARING OF S.06°06'30"E. AND A CHORD LENGTH OF 38.47 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 38.52 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.00°38'42"E., A DISTANCE OF 205.06 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 0.07 ACRES, MORE OR LESS. BEARINGS REFER TO CROWN POINTE SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 55 AND 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD. Exhibit Sl~t2of3 V~C 99-006 ~~/~/~~ 2/9/99 )'3RETT A, BISHQ.~.TA~ OF FLORII)A, (L.S. #4760) BBLS SURVEYORS &-MAPPERS INC., (L.B. #6753) MODREM. SAM PROOFED 2/9/99, JDW,CDB (SEE ATTACHED SKETCH) 2 OF3 NAR 0 9 1999 ~ ~""'"""".~ VAC C:: ......... ~;!~.~ ,--~ \ ', .~,~ ,, :", ~.. ~. ,, ' · ,.,.,- ;, ,,,;;,-", Z C; ' //""/ t ~ eeJ. s SURVEYORS a MAPPERS JNC, EASEMENT AIODIFICA TION EXHIBIT AREA OF EASEMENT MODIFICATION BE REMO_VED~ COLLIER COUNTY~ FLORIDA March 9, 1999 Item #8B1 AMENDMENT TO THE EAGLE CREEK SEWER SERVICE AGREEMENT - APPROVED 8(B)(1), Eagle Creek sewer service agreement. COMMISSIONER NORRIS: Move the item. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor? Any discussion, any registered speakers, you'll stop me, I assume, Mr. Fernandez? Thank you. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. Page 51 2 47001 0R: 2522 PG: 3027 ..cm ,., CLHI TO ?HI BOARD RICOBDID in the O~HCIAI, RECORDS of COLLIIR COgtiFf, EL COFIIS 6.00 IlTHOFHC! 4TH PL00R 03/12/19. at 0~:57AIf DIHGHT S. BLOCK, CLHK lIT T2(0 A1VIEND1VIENT TO AGREEMENT MAR 0 9 1999 This amendment to agreement is made and entered into by and between Eagle Creek Properties, Inc., and Eagle Creek Utility Company II, Inc., (Eagle Creek) and Collier County and the Collier County Water-Sewer District (Collier) this ~ day of_d~Odt-~/,d/, 1999. a. Eagle Creek and Collier are partieg to that certain Settlement Agreement in Collier County Circuit Court case number 93-0518-CA-01-TB which was approved by the Court on or around April 29, 1998. b. Paragraph 12 of the Settlement Agreement provides that Eagle Creek shall be permitted to operate a sewer system serving the Eagle Creek Planned Unit Development until September 30, 2000. c. Notwithstanding paragraph 12 of the Settlement Agreement, the parties desire that Collier commence providing sewer service to the Eagle Creek Planned Unit Development when master pump station becomes operational on or about October 1, 1999. NOW T~REFORE, the parties agree as follows: 1. The above recitals are true and correct. 2. Collier shall commence complet~ responsibility for the provision of sewer service to the Eagle Creek Planned Unit Development when master pump station becomes operational on or about October 1, 1999. 3. Contemporaneous with Collier's assumption of the responsibility for the provision of sewer service to the Eagle Creek Planned Unit. Development, Eagle Creek shall transfer Page 1 of 3 0R: 2522 PG: 3028 0 9 1999 to Collier those item,~ required by paragraph 13 of the Settlement Agreement. 4. Eagle Creek is the owner of an Easement for Utility Maintenance, Repairs and Replacement which is recorded at OR 2339 PG 2950 of the public records of Collier County, Florida, a copy of which is attached hereto as Exhibit A. Contemporaneous with Collier's assumption of the responsibility for the provision of sewer service to the Eagle Creek Planned Unit Development, Eagle Creek shall assign the Easement to Collier. 5. Prior to its assumption of the responsibility for the provision of sewer service to the Eagle Creek Planned Unit Development, Collier shall determine and define the necessary utility easements required for the operation of the existing sewage collection and transmission system within the Eagle Creek Planned Unit Development and Eagle Creek shall transfer or convey those easements to Collier. 6. In all other respects, the Settlement Agreement between the parties shall stand as written. IN WITNESS ~REOF, the parties have executed this agreement on the dates indicated. Wimesses: EAGLE CREEK PROPERTIES, INC. .... ,,, i)Ya~cl Print Name Print Name 7 Page 2 of 3 0R: 2522 PG: 3029 MAR 0 9 ~999 EAGLE CREEK UTILITY H, INC. David ~co,.,p~s~ent Print Name Print Name / BOARD OF COUNTY COMMISSIONERS OF COLLIER cotnvr~, ~omnA GOVERING BODY ..: ~. ~ i~,' j/ T~ COLLIER CO~~ ' ~;.~:~' <~' ~. WA~R~E~RDIS.~CT · '" b~GHT E. BRO~ Clerk of Con '/~h "",'/.,' (se+'~f~?" ' ' ' Attest as to Cha f~' l si~ature Plichael W. Pettit Assistant County Atrnrney Page 3 of 3 ZZl"n58 0R: 2339 PG: 2950 UC BI 15.Q6 ,~OBIl ~:XOD: M~BID In U..~fiC~ ~CO~ o~ ~LLXR ~U~Y, B DOC-./O .7~ PZCl UP 08/20/97 aC ~8:1S~ O~Z~ L B~OC~, C~IE e EASR~NT ~OR ~ .Tm~-MA~N~. nEPA~ AND n PLA N AR 0 9 1999 THIS EASElVI~I,'T, made effective the 30th. day of September, 1996 between ~AGLE CREEK GOLF AND CC t.rbrIlY CLUB, INC., a Florida not-For-profit corporation, One E~gle Creek Drive, lqaples, Fie 'ida 33962, GKA.NYOK, and BAGLE ~ UTILITY H, a Florida corporation, One Eagle C 'eek Drive, Naples, Florida 33962, WITNESSETR That the ORANT()R, for and in consideration of the sum of One Dollar ($l.00) and other o good and valuable conside 'ation paid by the GBANTT~E, receipt of'which is hereby acknowledged, o-~ does hereby grant unto the 3rantee a perpetual, nonexcluslve easement, license, and privilege to enter ~ upon and to install and maj: ktain utility facilities above and below ground on the following described eq and designated land being located in Collier County, Florida to-wit: ~c~ (See attach ~d Exhibit "A" which is incorpoPted by reference herein) · . TO HAVE AND '~ 0 HOLD the same unto said GR.AN'I'~.- and its assigns, together with the fight to enter upon said fan I for the purpose of constructing, maintalnlnS, replacing and/or repairing the utility facilities thereon as required, and to perform such work whh reasonable dispatch and in a reasonable prudent mann, ;r so as not to unduly interfere with or obstruct the golf course or any facilities or their use by c~ 'antor's members, guests and invitees. Except in an emergency, Grantee agrees to give Grantor twe ~ty-four (24) hours notice before utility work commences on the easement and a~rees to indenmlf7 an t hold Grantor harmless from and against any all costs, expenses, losses, damage or other charges whatsoever incurred by Grantor that Grantee or Grante~'s employees, asrents or invitees shall c rose beyond the permits and purposes of the easement herein granted. Grantor will use its best ¢6.->ns to keep the easement areas open and accessible to Grantee for ingress and eSr~s for the purpos! :s herein set forth. At such time as a ~! ovemmental agenCy takes over Grantee's responsibilities granted herein, Exhibit A - I UR: ~-,~ I%: Z~bI- MAR 0 9 1999 Grantor a~p'ccs to ~d this easement to co~o~ wi~h the st~d~d gov~t~ utiliW- mement us~ in Collier County, ~ }~da for ~e pu~oses gat~ herein. ~ WI~SS W: ~OF the G~OK h~s caused these presents to be aecuted d __ ay of Au~st, Si~ed, Suled ud Delivered EAG~ ~K ~LF ~ Wkness Printed Name ~tn~s ~2 ~mess ~dnted Name STATB OF ~O~A CO~ OF COLL~K Before me person~ ][y appear:d ~L~ S. PE~, to me well ~on and ~o~ to be tl~ individu~ described in and who executed the foregoing increment ~ President of Eagle Creek Golf aud Count~ Club, I~ .c., a ~o~da not- For-profit ~orado~ ~d he sev~ly acbowledg~ to ~d bdore me that he ex~t~ ~ch hs~m~t ~ ~ch o~cer of the s~d co~oration and ~at the seal ~x~d to the forego ng hs~ment is the colorate se~ of hid coloration ~d ~at k wu ~ed to s~d hgmment b ! due ~d re~lar colorate authodW, and that s~d ins~ment is the ~ee act ~d deed of said co~ ration, He is ~own to me and did not take an oa~. Lo.,' Exhibit A - 2 · ;scalpdon of pttr't or the Tract Map of ~Cle Cteek Country Club, Plat nook 14, ~le$ [ lhruulh S, Collier ~unly, Flori~ Di;crlpdo. of hrcel; All o( Tmcn "H', "K" Soul h 'K North' ~nd 'L" ~ordini I~ the T~ Map or ~qGle Ctcet All Ih~t p~rt or th~ -Cola z:our=c ~m' ~rc~l n~ording to th= TRcI M~p o[ ~ilQ C~' Coum~ Club, PI~I 9~ 14. pal~l I throuih 5 Collier County, Roddi. 1~$ ~nd u~linR ~o lu~, and exeei)linp Frore said 'G~lf Count ~l' parcel thc rollowl.i d~rl~ pamel; Commm:cinG at tha 2outh~s; comer or Scctlon 4, Townsltip ~l South, R=n:o 26 ~, Colli~ County, lqo~: . · thence ainuC the ~=t Ibm or mid Sectiolt 4, North 0"21'44" ~t 2~.~ C~t to the POI~ OF lIEGINNING of dttSewaF T~alnt~t SIte h~cln desertS; thence Nodh 89'32' 6' West 124,~ thetree No~h 44'32' 6", West 5J.t5 feet; thence North 0'21'4,.' ~st 19t.03 feet; tllc~t~ Nottit 24'~1'.4" ~%st 119.81 feet; thence Norlit 0'27'4 ," ~qst 75.~ feet; Ihc:s~ North 29'01'..4" ~qst J25.,IS thc.~ South 89'32' 6' ~st 5L~ fc~t ~o ~ int ~th~ . thence nlonC the eas llne of f~id Section '4, South 0"2~',14" West 515.~ fcct to. Pohut of OcshminC e' th~ p~rccl hcrcin cxccptcd; All tlmt inrl or the -Golf ~:our~ west' p~rcc~ ac~rd{nc to die Tract Map or F~Glc Cotinlay Club, PLqt D~k ],l,,p~es I through ~. Coillet Caunly, Rarid~, I~ls and ¢xccpt;nJ the foItQ~ving dclcribQd p~rceh; Coxstmcnchl~ ~t Ih~ soudlwe. t corner a( She ~, ~ccordll~g to the pint or Crook Bed 6st~les, PI~t Boo~ 14, p~c 60. Collier (au.ty. Florida: thence aleitg the sotlib line ~ r ~id SiLO 5~, South 6] '~'~' ~st 23.20 reel to the PQI~ B~GINNING or Ihe p~mcl I Ereln cxccpted; tllcncc ~oIllhlu~ ~om s~id llne, Soutll 6l*~'~' ~lt 26.40 theliCe te:ivilag said. I; ~c, N~fih 70'28'~' West 26.0~ tliencc North 19'32' ~" ~qst 4.27 rcct to the Point o( DeCbrainCo[ tile p~rccl hcrchl excepted: AIs~ less nnd e~cef)th~e ~o:;~ s~id 'Got( ~oursc West" parcel the foLiowhig descrlbcd parcel: ~GINNING at the southeast cornu or She ~, accordhsC to Ihe plat or CfHk Bed ~stntes, Plat ~k 1~, p~ge GO, Collier County, Finaltin: . i thence South 4*~'Q(" ~t 5.~ reel; thence Sotstit 36*~'r Q". West ~J,~ reel; (laencc Norlit 4 '~'0( '" West '5.~ reel tO the SQUth line o( ~id Site thence ~lonC sald }ln~, Norlh 86'~'00" ~st ~.00 rcet to the Point or 9eglnninj of the p~rcel hcrein QXCCpI~ All OfTmet 'f' ~ccordiug IQ the Tra~ MRp or ~glc crcc~ conntr~ Club. PIM gook 14, I ~ .~, .Coll;c~ ~otlnty, Florida, Icls '~nd cxcQptlnR the rnllowmi desQHb~ DEOINNING at icrcn ncc ~inr number I n= shown o~ th~ bound~W ot~aid Trot of s~id "F;glc Creek :ountry Club': &henc~ :dong fi~c south~/estcrly bonndary or said ~ract 't', no~hxv~mrly ~.2B feet alonR fhc arc o~ a circular: u~c con~ve to d~c ~outhwest, ha~ing ~ mffiu~ of 345.~ feet, IhrouCh ~t cenlral angl~ or 13~00'~' and bcinC ~ubtendcd by ~ cl~ord whid~ b~n Hurlh ,17'30'00' West 78. t [ feet: thence confinne ,lone s ~id boundary North 5,1 '00'~' West [ 1.44 [e~ to ~ ~int or cusp; thence learlag the bou ~dnry or s3id T~ct "3" southeasterly. csslcrly and no~hc~tcrly 67.~0 I~ct, ~lonC Ihc a; col n non-t~llgcnl~al clrculnr cu~e cm~c,vc to tile nOrill, ~ radius o[ 50.0Q reef. d~ro,Gh ~ ccntr~{ angle o~ ~'~' and b~tn; subt~dcd by a chord which b~rs No~ :h 87'30'Q0~ ~l 62.~ thence North 49"~'~" ~st 2~3.~0/oct: Ihcnce northeasterly ~ 7. i2 [cot alonC the arc or a circular cu~e con~ve to northwest, havh~g a r: dius or 202.35 feet, throuCl~ a ccnl~l angle o~ 13"~0'32" ~d bein~ subtende~ by ~ c;mrd which bears North 42';9'44" ~st .l?.0t r~t to a ~lnt the nortl~stcrly boun: a~ o[ said T~ct thence alonc said bou~a~ li,e South ~4'20'32" ~st 57.~ re~ Io tl~e molt nodhuly polnl or said T~ct 'A' ~ thence RioriB the nod~ westerly bonndary'or said Tract :A', 3omh 4~'~'~" West' 320.35 reef to the Poh t o~ gcRimdn~ or the parcel hercht bearlaSs are based on the wes ti,e of thc ~ract Map or ~qglc Crec~ Coumy Chtb. heine Q9'0Y29" West. Exhibit A - 3 March 9, 1999 Item #8B2 DISCUSSION AND ACTION TO ESTABLISH THE LOCATED AND AGENDA FOR THE BOARD OF COUNTY COMMISSIONERS SOLID WASTE DISPOSAL WORKSHOP - WORKSHOP MEETING TO BE HELD APRIL 20r 1999 AT 7~00 P.M. IN THE BCC CHAMBERS Then the discussion about the location and agenda for the solid waste workshop. Commissioner Norris has a point. COMMISSIONER NORRIS: Yeah. Looking at the proposed agenda, I don't see what I think is the most important item on there yet, so I'd like to make sure that we do get that item on there. And what I'm referring to is whether we end up moving the landfill or not moving the landfill, the problem is this: The landfill, normally you don't see it, you don't hear it, the trucks don't go through anybody's neighborhood getting to the landfill to empty their loads, but the problem is odor. So whether or not we move this landfill, we need to control that odor. And I know that there has been several recommendations on what to do, but I think we should just take one bigger step and go ahead and cover, enclose phases I and II, and with the appropriate gas wells in there before you do that. But what I'm talking about, obviously for the people that may not know what closure of a cell is, is that you cover it with plastic, completely sealed, where the gasses cannot escape. And then you -- the proposal would entail evacuating those gasses from there and flaring them off and being rid of them. Then we could continue to landfill on Phase III. And I also propose that we jump a step forward, what I think Mr. Ilschner may propose at some point, and go ahead and look at this fan system for our active phase. And I don't see that on our agenda, and I think that's what we should do, that's what we need to do, whether we move it or not. CHAIRWOMAN MAC'KIE: Commissioner Constantine, do you have a -- COMMISSIONER CONSTANTINE: No, I was just going to say, I agree wholeheartedly. Top priority. And so I hope we can make that part of the agenda. Two quick questions: One is Burns and McDonnell capacity study. What is that and what is that from? Is that the one we did in like 1994 or -- MR. FERNANDEZ: Mr. Ilschner will -- COMMISSIONER CONSTANTINE: -- I don't have any recollection of it. MR. FERNANDEZ: -- be able to speak to that issue. MR. ILSCHNER: Madam Chairwoman, for the record, Ed Ilschner, public works administrator. That was a study that was done several years ago that talked about raising the height of the landfill to 170, 175 feet. COMMISSIONER CONSTANTINE: I don't know if I want to spend a whole lot of time on that, because we've been through that. We've heard that -- we've had at least three public hearings based on that study, and I don't know that we need to do all that again. Page 52 March 9, 1999 CHAIRWOMAN MAC'KIE: Well, I'd like to see it stay on the agenda just for purposes of discussing it -- well, because as the technology changes, the issues change. And frankly, the board has changed. I think we need to keep it on and hopefully for some limited discussion, but at least for information. COMMISSIONER CONSTANTINE: Okay. COMMISSIONER CARTER: Yeah, I would like to see it stay, please. COMMISSIONER CONSTANTINE: And then Waste Management plan and voter control actions, and this goes hand in hand with Commissioner Norris's suggestions, but I'd like to see a comparison of the, quote, practices that they do at other facilities. Because we're told they have other facilities where odor is not a problem whatsoever. It is clearly a problem here. And are we doing something different? Their contract requires, quote, best management practices. And if they're doing something elsewhere that they're not doing here, we probably ought to know that. COMMISSIONER CARTER: I made a similar note, too, Commissioner Constantine. I'd like to hear from communities who have successfully dealt with the problem. You know, who are they, where are they, how do they do it. If they have to come here and tell us how they did it, fine. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: And just one final note. I'm sorry, I didn't realize I had three. Just when we talk about alternatives, let's have the dollar figures associated with that. Because we looked again in 1995, and you can sense my frustration, because we have revisited most of these things three times since I've been on the board. But we went through incineration immures and all these various options. None of them came back I think cheaper than 48 bucks a ton at the time. We look at -- the trucking option has come back short-term cheaper, long-term more expensive. So I think an important part of that is, what's the cost. Because right now we have a very, very inexpensive facility. MR. ILSCHNER: Yes, sir. Commissioner, we would intend to do that for you. CHAIRWOMAN MAC'KIE: And I wonder if there's support on the board to add a section to the agenda that I've been asking about and wanting to hear about and that is some communities make a host fee payment or some other kind of contribution to the community that serves in this role. You know, I've talked before about supporting some portion of the interest on the reserves. If we gave 25 percent, 20 percent of the interest on the reserve account to the Golden Gate community for community improvements as a payment from the rest of us to them as a function of their serving in the capacity as the host of our landfill, their community needs to do that. And I'm sure there are other ideas. That's the only one that I personally know about is a host fee. But maybe another thought is to what extent can we, if we close cells and to the extent that we have surplus property nearby, what can we do to improve that property to make it an amenity for the Golden Page 53 March 9, 1999 Gate community, for the time that we continue to operate the landfill, whenever that is? So I'd like to see -- COMMISSIONER CONSTANTINE: I think we've -- CHAIRWOMAN MAC'KIE: -- a section on -- COMMISSIONER CONSTANTINE: -- already voted on that, actually. THE COURT REPORTER: I'm sorry, I didn't hear that. COMMISSIONER CONSTANTINE: I said I already think we've already voted on what we can do with that surplus property adjacent. CHAIRWOMAN MAC'KIE: But what I'd like to see is that to be on this agenda somehow, what are the benefits we could provide to the Golden Gate community. MR. ILSCHNER: I think we can provide you information along both lines. The host fee concept, which is normally a situation where waste is brought from outside of a county into an area is where that's normally employed. We would also, I think, be able to suggest to you maybe some enterprise zone approach or economic development zone approach that might -- CHAIRWOMAN MAC'KIE: Just some positive way to try to offset the negative impacts, even if we solve the smell problem. MR. ILSCHNER: Sure, we could provide you -- CHAIRWOMAN MAC'KIE: Then there are still impacts of having the landfill in your community that interfere with their economic development opportunities, then we ought to be able to provide some offset for that. MR. ILSCHNER: We'll be glad to include that discussion. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Just for a matter of some comparisons, going back to the incineration issue. Not so much that we would build an incinerator, but could we talk further about Lee County's situation and cost and future and that kind of thing? MR. ILSCHNER: Yes, staff is intending to address that element of that, yes, ma'am. COMMISSIONER BERRY: All right. CHAIRWOMAN MAC'KIE: Okay. Is that -- COMMISSIONER CARTER: I'm good. We've -- CHAIRWOMAN MAC'KIE: -- sufficient direction? COMMISSIONER CARTER: -- covered my items, thank you. CHAIRWOMAN MAC'KIE: For people who are here waiting for further items, we have a 12:00 to 1:00 firm commitment for lunch with the students who were here earlier, so if you want to kind of judge accordingly. MR. ILSCHNER: Madam Chairwoman, are you going to address the issue of location? Staff recommended that you -- CHAIRWOMAN MAC'KIE: I'm sorry, location. COMMISSIONER CONSTANTINE: Right in this room? CHAIRWOMAN MAC'KIE: I like this room. COMMISSIONER BERRY: Here. CHAIRWOMAN MAC'KIE: Yes, sir? COMMISSIONER NORRIS: And I have one more question. Is this a real workshop, or is this going to be a practice run at the discussion Page 54 March 9, 1999 that will eventually come before the county commission? And by that I mean, are we going to take public input at this workshop, or is this really a workshop? COMMISSIONER CONSTANTINE: As awkward as it can be, I think the most productive way to do it, and particularly if we have a lot of ground to cover here. And considering we're starting at 7:00 at night, we may want to do it as a true workshop. CHAIRWOMAN MAC'KIE: And what that means is we would have presentations from people who are on the agenda only. COMMISSIONER NORRIS: Right. COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: And would there be objection? I mean, once the agenda is published, would there be objection to if there are members of the public who have items they want to propose for addition to the agenda? Or do you think this agenda is thorough enough for that meeting? COMMISSIONER CARTER: Well, Commissioner, I think if they were going to propose something that would lend to solving the problem, fine. But I don't want to hear a lot of people come and tell what they've already told about whether they object to the landfill. I'm looking for constructive ways to deal with the situation. So I would -- I think it would have to be limited that way. COMMISSIONER CONSTANTINE: The thing I want to -- the thing I'm concerned about a little bit there is a difference between presenting something as an idea and gee, well, I heard once in Germany that they're doing X, Y, Z. COMMISSIONER NORRIS: Yeah. CHAIRWOMAN MAC'KIE: Well, you know, this is a long enough agenda. We're starting at 7:00 at night. COMMISSIONER BERRY: Well, I think the main thing, the public certainly is allowed to come and listen to the same thing that we're going to hear, okay? COMMISSIONER CONSTANTINE: The purpose is an educational forum. COMMISSIONER BERRY: Right. So I look at it as kind of we're going to be hearing some new things, hopefully, and some more answers or whatever. They're going to be hearing the same thing. We're not going to be taking any action. So at that point in time, I don't think that on this particular workshop that we do need to have input. Because then when we do bring it back as an agenda item, you know, on whatever the decision might be as we discuss it, then I think that's certainly an appropriate time. COMMISSIONER NORRIS: So that's three for -- CHAIRWOMAN MAC'KIE: Yeah, so let's do that and we'll public that, as a matter of fact, with the agenda. If you can add that to the agenda as it's made public so people don't show up hoping to get to speak. MR. FERNANDEZ: Okay. CHAIRWOMAN MAC'KIE: Okay, anything else on that? MS. PAYTON: What's the date on that? COMMISSIONER CONSTANTINE: April 20th. Page 55 March 9, 1999 CHAIRWOMAN MAC'KIE: April 20th in this room at 7:00. Item #8B3 RESOLUTION 99-169/CWS-99-1, APPROVING AN INTERLOCAL AGREEMENT BETWEEN FLORIDA GOVERNMENTAL UTILITY AUTHORITY AND COLLIER COUNTY RELATING TO THE POTENTIAL ACQUISITION OF THE GOLDEN GATE UTILITY SYSTEM - ADOPTED Next item is resolution for an interlocal agreement between the governmental -- that utility authority. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER BERRY: And I understand it's been addressed was the fact that we would be able to address the rates. MR. ILSCHNER: Yes. COMMISSIONER BERRY: Do you still maintain that? CHAIRWOMAN MAC'KIE: Never lose that. MR. ILSCHNER: Ed Ilschner, public works administration. Madam Chairwoman, that is correct. The water and sewer authority will have authority to review the rates that are charged by the Golden Gate utility system, and also will.receive their regulatory fees from that agency as well. Governmental utility authority. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I just wanted to clarify for the record the intent of the motion is to adopt -- or to approve the interlocal agreement, the version that was handed to the commissioners this morning -- CHAIRWOMAN MAC'KIE: This morning. MR. FERNANDEZ: -- rather than the version that was in your packets. It addresses that point. And the language is much better in the more current agreement. COMMISSIONER CONSTANTINE: That is correct. CHAIRWOMAN MAC'KIE: And basically just keeping our options open with the crowd to participate. Page 56 fiAR 0 9 1999 RESOLUTION NO. 99-169 RESOLUTION NO. CWS-99- ~ A RESOLUTION OF THE COLLIER COUNTY WATER- SEWER DISTRICT IN CONNECTION WITH THE ACQUISITION BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY OF THE GOLDEN GATE UTILITY SYSTEM FROM AVATAR HOLDINGS, INC., ITS SUBSIDIARIES AND AFHLIATE ENTITIES; TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH WHICH ARE NECESSARY TO PRESERVE THE DISTRICT'S OPTION, BUT NO OBLIGATION TO ACQUIRE THE GOLDEN GATE UTILITY SYSTEM OR TO ASSUME, AT ANY POINT IN THE FUTURE, INDEBTEDNESS OF THE AUTHORITY RELATED TO SUCH ACQUISITION ON PARITY AND EQUAL STATUS WITH THE DISTRICT'S SENIOR LIEN WATER AND SEWER REVENUE BONDS; APPROVING AN INTERLOCAL AGREEMENT WITH THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Local Government Utility Authority, a legal entity and public body organized and existing under the laws of the State of Florida (the "Authority"), was established pursuant to an Interlocal Agreement dated as of February 1, 1999, among Brevard County, Florida, Lee County, Florida, Polk County, Florida and Sarasota County, Florida for the purpose of acquiring, owning, improving, operating and maintaining water and wastewater utility facilities; and WHEREAS, the Authority has entered into an agreement to purchase certain water and wastewater facilities, more commonly known as the Golden Gate Utility System (the "Golden Gate Utility System"), owned or controlled by Avatar Holdings, Inc. and its subsidiaries ("Avatar"); and WItEREAS, the Board of County Commissioners of Collier County, Florida (the "County"), on behalf of itself and as governing body of the Collier County Water-Sewer District (the "District"), desires to enter into an interlocal agreement (the "Interlocal Agreement") with the Authority relating to the acquisition of the Golden Gate Utility System; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING ON BEHALF OF ITSELF AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, as follows: SECTION 1. HNDINGS. It is hereby found and determined that: PAR 0 9 1999 (A) The Authority has informed the District that it intends to issue its Utility Revenue Bonds (Golden Gate Utility System), Series 1999 (the "Bonds") for the primary purpose of acquiring the Golden Gate Utility System from Avatar. (B) At the present time, neither the District nor the County is a member of the Authority. (C) It is anticipated that the Authority will be able to issue the Bonds at low interest rates. (D) The Authority has offered to structure the Bonds with an option which will provide the District with the right, but no obligation, to acquire the Golden Gate Utility System through the assumption, at any point in the future, of the Bonds upon the satisfaction of certain conditions set forth in an Indenture of Trust related to such Bonds (the "Indenture"), at which point in time the Bonds would become indebtedness of the District on parity and equal status with the District's then outstanding senior lien Water and Sewer Revenue Bonds, and the Golden Gate Utility System would then merge into the Dist~ct's Water and Sewer System. (E) Preservation of such assumption right is deemed to be in the best interests of the District and the citizens of the County. Without such assumption right, were the District to desire to acquire the Golden Gate Utility System in the future, the District would have to defease the Bonds through the potential issuance of indebtedness in a potentially higher interest rate environment. (F) In order to preserve such assumption right, it is necessary that the District take certain actions in connection with the issuance of the Bonds. (G) The District deems it necessary to enter into the Interlocal Agreement with the Authority relating to the acquisition of the Golden Gate Utility System. SECTION 2. PRELIMINARY OFFICIAL STATEMENT. The preparation and distribution of a Preliminary Official Statement relating to the Bonds and the assumption right of the District is hereby approved and authorized, as is the use thereof by the underwriter or underwriters in connection with the sale of the Bonds (the "Underwriters"). The distribution of the final Official Statement relating to the Bonds is hereby authorized. The Chairman of the Board of County Commissioners of the County or the District is hereby authorized to execute and deliver a certificate of the County or the District which deems the information related to the County and the District in the Preliminary Official Statement "final" within the contemplation of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). SECTION 3. CONTINUING DISCLOSURE. The District hereby covenants and agrees that, in order to assist the Underwriters in complying with the continuing disclosure requirements of the Rule with respect to the Bonds, it will comply with and carry out all of the provisions of a continuing disclosure certificate to be executed by the District prior to the time the Authority delivers the Bonds to the Underwriters, as it may be amended from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate"). The Chairman is 2 HAR 0 9 1999 hereby authorized to execute and deliver such Continuing Disclosure Certificate in substantially the form provided in regard to the District's Water and Sewer Refunding Revenue Bonds, Series 1999A. SECTION 4. APPROVAL OF INTERLOCAL AGREEMENT. The form, terms and provisions of the Interlocal Agreement, submitted at this meeting and attached hereto as Exhibit ..A, be and the same is hereby approved. The Chairman of the Board of County Commissioners (the "Board") and the Clerk of the Board are hereby authorized and directed to execute and deliver said Interlocal Agreement in the name and on behalf of the District, with such changes, amendments, modifications, omissions and additions as approved by the Board. Execution by said Chairman shall be deemed to be conclusive evidence of approval of such char)ges, amendments, modifications, omissions and additions. ¢ SECTION 5. GENERAL AUTHORITY. The members of the Board of County Commissioners and the District's and the County's officers, attorneys and other agents and employees are hereby authorized to perform all acts and things required of them or desirable or consistent with the requirements hereof for the full, punctual and complete performance of all of the terms, covenants and agreements contained in this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED in Regular Session this ~ day of March, 1999. COLLIER COUNTY WATER-SEWER DISTRICT County, Florida, and as tl~.!ix-Officio :.. stgaature o~17, Chairwoman of the Gover~ihg BO'ard of the Collier County Water-Sew~.~trict ': -:,~' "i.iS:' · ,~ ,. '2 :' ", ' 2 (wam: E. SROC l&k to ::Board of County Corammsioners :~f, C011ie~ County}.li,~da, and as Ex-Officio d _r.i to th.e ,Gav g eoard of the · Col'ii~& Cgitg~/'ir-Sewer District APPROVED AS TO FORM ounty Attorney HAR 0 9 1999 EXHIBIT A INTERLOCAL AGREEMENT RELATING TO THE ACQUISITION OF THE GOLDEN GATE UTILITY SYSTEM Between FLORIDA GOVERNMENTAL UTILITY AUTHORITY and COLLIER COUNTY WATER-SEWER DISTRICT NAR 9 1999 INTERLOCAL AGREEMENT RELATING TO THE ACQUISITION OF THE GOLDEN GATE UTILITY SYSTEM THIS INTERLOCAL AGREEMENT, dated as of March 1, 1999 (the "Interlocal Agreement"), by and between the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body organized and existing under the laws of the State of Florida (the "Authority") and the COLLIER COUNTY WATER-SEWER DISTRICT (the "District"), each constituting a "public agency" under Part I of Chapter 163, Florida Statutes (the "Interlocal Act"). WITNESSETH: WHEREAS, the Authority was established pursuant to an Interlocal Agreement, dated as of February 1, 1999 (the "Interlocal Agreement"), initially among Brevard County, Florida; Lee County, Florida; Polk County, Florida; and Sarasota County, Florida for the purpose of acquiring, owning, improving, operating and maintaining water and wastewater utility facilities; and WHEREAS, pursuant to the Interlocal Act, the Authority has entered into an agreement to purchase certain water and wastewater utility facilities owned/or controlled by Avatar Holdings, Inc. and its subsidiaries ("Avatar") and such utility facilities include a water and wastewater utility system located in Collier County, Florida (the "County") more commonly known as the "Golden Gate" utility system ( the "Golden Gate Utility System"); and WHEREAS, the Authority will issue a series of obligations known as the "Florida Governmental Utility Authority Utility Revenue Bonds (Golden Gate Utility System), Series 1999 (the "Bonds") for the principal purpose of acquiring the Golden Gate Utility System NAR 0 9 1999 pursuant to an Indenture of Trust, dated as of March 1, 1999 (the "Indenture"), by and between the Authority and SunTrust, Central Florida, National Bank, a national banking association; and WHEREAS, the District has determined that it does not wish to become a member of the Authority but would like to preserve certain options and abilities conceming the Golden Gate Utility System pursuant to the terms and provisions hereinafter set forth; NOW, TIIEREFORE, in consideration of the foregoing and the covenants contained herein, it is mutually agreed and understood by and between the District and the Authority as follows: SECTION 1. ACQIIISITION OF GOLDEN GATE UTILITY SYSTEM BY TIlE DISTRICT. (A) The Authority hereby grants the District the right to acquire all, but not less than all, of the assets, liabilities, obligations, and responsibilities relating to the Golden Gate Utility System for so long as the Golden Gate Utility System is owned or controlled by the Authority. The terms and provisions of such acquisition shall be established pursuant to a utility acquisition agreement between the Authority and the District, subject to the terms and conditions of the Interlocal Agreement and the Indenture. Notwithstanding the foregoing and unless otherwise agreed to by the Authority and the District, the purchase price for the Golden Gate Utility System shall be the mount required to repay the Bonds and any additional obligations of the Authority related with the Golden Gate Utility System. The District further agrees to negotiate with the Authority for the payment of a pro-rata share of any reasonable, verified Authority expenses at the time of acquisition. The District shall also pay all verifiable expenses associated with the transfer of the Golden Gate Utility System by the Authority to the District. (B ) The Authority hereby also grants the District the right to assume the Authority' s obligations under the Bonds and the Indenture (or any successor document thereto), all pursuant 2 NAR 0 9 1999 to the terms and conditions set forth in Article VII of the Indenture. Any such assumption by the District shall take place simultaneously with the transfer of the Golden Gate Utility System from the Authority to the District. (C) Avatar has informed the Authority that it has determined any acquisition must be in lieu of condemnation and that its utility assets would not be for sale in the absence of a threat of condemnation. Therefore, the Golden Gate Utility System shall be deemed to be purchased for public purposes under threat and in lieu of eminent domain and condemnation by the District and/or the County as an alternative to the acquisition of the Golden Gate Utility System by the Authority. SECTION 2. OVERSIGHT OF RATES, FEES AND CHARGES BY THE COUNTY. The Authority hereby agrees with the District that the County, or the County's designee, shall have the power to review and/or approve rates, fees and charges relating to the Golden Gate Utility System in accordance with and to the extent allowed under Section 4.04 of the Interlocal Agreement. The County shall not have the power to approve any such rates, fees and charges in the event such rates, fees and charges have been established by the Authority in order to comply with the covenants contained in the Indenture (or any successor document thereto). The County shall apply its ordinances and rules and regulations which pertain to water and wastewater franchise utilities in determining rates, fees and charges for the Golden Gate Utility System; however, the County and Authority acknowledge that certain rate-making principles are different for public entities such as the Authority than for private entities. The County and the Authority shall enter into a separate interlocal agreement with respect to the process to be followed in the review and approval of rates, fees and charges of the Golden Gate Utility System. 3 FIAR 0 9 1999 SECTION 3. AMENDMENTS. This Interlocal Agreement may be amended in writing at any time by an interlocal agreement between the Authority and the District. SECTION 4. GENERAL PROVISIONS. (A) Except as specifically set forth herein, nothing herein shall be deemed to authorize the delegation of any of the constitutional and statutory duties of the State of Florida, the Authority, the County, the District or any officers thereof. (B) A copy of this Interlocal Agreement shall be filed in accordance with the provisions of the Interloeal Act. (C) Neither the County nor the District shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Authority, any Director, or any other agents, employees, officers, or officials of the Authority, except to the extent otherwise mutually agreed upon, and neither the Authority, the Directors, nor any other agents, employees, officers or officials of the Authority have any authority or power to otherwise obligate the County or the District in any manner. (D) In the event that any provision of this Interlocal Agreement shall, for any reason, be determined invalid, illegal or unenforceable in any respect by a court of competent the other provisions of this Interlocal Agreement shall remain in full force and jurisdiction, effect. This Interlocal Agreement shall be construed and governed by the laws of the State of Florida. This Interlocal Agreement shall be contingent upon delivery of the Bonds by the (F) Authority. SECTION 5. EFFECTIVE DATE. This Interlocal Agreement shall become effective on the latter of (a) the dated date hereof or (b) the last date the last of the parties hereto executes 4 HAR 0 9 1999 this Interlocal Agreement and the filing requirements of Section 4(B) hereof are satisfied. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the Authority and the District by their authorized officers or officials. (SEAL) ~'~t,~ard of County ~C~m, smoners Collier Couniy,~odda, ~d as Ex-Officio ~1~62[~ ~O~ing Bo~d of the dolli, ~t~ate'r-Sewer District .,~,~ . .:,.~? . ,: signature ~1~. ATTEST: COLLIER COUNTY WATER-SEWER DISTRICT ,y.' ,~/r. ~1"' . '~. Board of County Commm~ .oLn. era o[ Collier.: County, Florida, and as Chairwoman of the Govemi-'og~a2r'_~d~th~, Collier County Water-SeWer~tff~t,',o~} APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dhvid C. Weigel' County Attorney FLORIDA GOVERNMENTAL UTILITY AUTHORITY By: Chairman Secretary-Treasurer h:ewlAgreements/1999/GUA interlocal March 9, 1999 Item #8B4 ACCEPTANCE OF A CANAL EASEMENT FROM INVESTORS REAL ESTATE SOUTHWEST, INC. - APPROVED Okay, the next item, number 4, I added, because I understand it's significant potential improvement for some of the flooding problems and time sensitive. This is a canal easement to be accepted from Investors Real Estate Southwest, Inc. Mr. Boldt, did this make it through all the appropriate staff reviews in order to get on the agenda today? MR. BOLDT: For the record, John Boldt, stormwater management. Yeah, we have met. We've met with appropriate staff and the representing attorney. This would normally just be a routine item, even on the consent agenda, but because of the timing involved in the closing, we had to bring it here as sort of an emergency action this morning. COMMISSIONER CONSTANTINE: Are you okay with that? CHAIRWOMAN MAC'KIE: I'm happy about it. COMMISSIONER CONSTANTINE: Mover the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: Opposed? (No response.) MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: Passes unanimously. MR. FERNANDEZ: You had one speaker on that subject. CHAIRWOMAN MAC'KIE: Was that Mr. Stanley? MR. FERNANDEZ: Yes. MR. STANLEY: I'll waive. CHAIRWOMAN MAC'KIE: He waives his -- as we just did what he was going to ask us to do. Page 57 HAR- 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 March 9, 1999 Item #8D1 AUTHORIZATION TO PRODUCE AND BROADCAST A WEEKY THIRTY MINUTE LOCAL GOVERNMENT CABLE TELEVISION PROGRAM - TO BE BROUGHT BACK DURING THE BUDGET PROCESS (CONSENSUS} Next item, 8(D) (1), is a discussion about a TV program. COMMISSIONER NORRIS: Move staff's recommendation. COMMISSIONER CONSTANTINE: I've got a couple questions on this one. CHAIRWOMAN MAC'KIE: I've got a bunch of questions. But we've got a motion. COMMISSIONER NORRIS: There's a motion on the floor, though. CHAIRWOMAN MAC'KIE: Motion on the floor, yes, sir. MS. MERRITT: For the record, Jean Merritt, director of public information. CHAIRWOMAN MAC'KIE: Would you like to just let us ask the questions, Jean? MS. MERRITT: That would be fine. CHAIRWOMAN MAC'KIE: Tim? COMMISSIONER CONSTANTINE: In general, what is the intended content of each week? Is it an in-studio interview type thing, is it in the field? MS. MERRITT: I think it will be a combination, Commissioner Constantine. We plan to have probably 10 minutes of current news, current things that are happening, and then we will do a combination of field shoots and interviews. COMMISSIONER CONSTANTINE: I think this is a great idea. I'm only wondering if it would be cheaper to do it in a local studio, either at Media One or at -- well, we've got a studio on Airport Road, we've got one on Trade Center Way. And I'm just wondering if we do a live to tape type show, have whatever you previously taped material is ready to go, get out of there for 4, 500 bucks. CHAIRWOMAN MAC'KIE: Because I can't possibly support 75 to a $100,000 a year forever on this when I look at the priorities of, you know, Social Services budget and this new environmental staff person I wish we had and, you know, 100 grand a year to produce a TV show? I don't think that meets my priorities. MS. MERRITT: Well, and I quite understand. It is expensive. And we did do a lot of investigating. We went out to places. Our first choice was Media One, but unfortunately, they have a waiting list of people that want to do shows that could not fit us in. We hope at some future time they might be able to do that. CHAIRWOMAN MAC'KIE: I just personally wish we could put this off until we could get it at a more reasonable price. COMMISSIONER CARTER: Yeah, I'm not ready to -- I'm suggesting that if we do this it's like a pilot that you do contract. I would hate to see us add staff at this point to do this type of thing. Maybe it takes an RFP to go out to a lot of different areas to find out what it would take to get somebody to produce, whether there's -- Page 58 March 9, 1999 there used to be a Lighthouse Production group in Fort Myers. There's a number of studios around. I don't know what their loads are. But to build a staff to do all of this and then decide maybe it's not what we want to do, I'm not in favor doing that. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: There is a fair expense at putting something together if you want it to look good enough for people to watch. I'm not ready to throw the idea out, either, if you all -- two of you I've heard suggested, well, let's not do this. This isn't just let's put together a TV show, this is communicating the message directly to the public via television which is the number one -- unfortunately number one way people are getting their information. So I think this is a very, very important communication tool. It's one we ought to use. But if we need to tinker with it a little bit to see how we do that, I don't have an objection to that. But I don't want to just simply throw this out, either. COMMISSIONER CARTER: Well, I would agree, I don't want to throw it out, but I would like stated objectives put out for an RFP to a broad range of studios to come back and say if we couldn't find a more reasonable way to get this produced in conjunction with our own internal people, so we're not looking at a sizeable -- CHAIRWOMAN MAC'KIE: My -- I probably am -- THE COURT REPORTER: Excuse me, I didn't hear the end of your sentence. COMMISSIONER CARTER: A sizeable amount here. I mean, you're talking $100,000 a year, roughly. CHAIRWOMAN MAC'KIE: And my problem is going to be I'm not going to support it unless it comes way down in price, when I think that we spend $600,000 a year. We'd spend one-sixth of our Social Service budget on producing a TV show. That's just bad prioritization. MS. MERRITT: One thing I would like to remind the commission and that is that we propose to use cable franchise fees for whatever budget we have. COMMISSIONER CONSTANTINE: Which have a somewhat limited use, anyway. MS. MERRITT: Correct. CHAIRWOMAN MAC'KIE: No -- MR. FERNANDEZ: No, there's no -- CHAIRWOMAN MAC'KIE: -- that can be used on anything. MR. FERNANDEZ: -- limits on the -- COMMISSIONER NORRIS: General fund. CHAIRWOMAN MAC'KIE: General fund. MR. FERNANDEZ: It's general fund. CHAIRWOMAN MAC'KIE: So -- COMMISSIONER CONSTANTINE: Jean, what did you anticipate adding for staff to accomplish this? MS. MERRITT: I anticipated adding two employees. Page 59 March 9, 1999 And it's important to note that we have been generous in what we have anticipated that we would have to pay. I'm not sure that we will have to do that. We did look at comparable jobs within the area. And so the two staff people, we do need a secretary, a clerical person, because there would be a great deal of work during the week to set up all of this, to get people situated to do it, to contact and all of those kinds of things. So we have projected two positions. COMMISSIONER CONSTANTINE: Let me ask this: You mentioned in your thing a valuation of some different proposals. Commissioner Carter had said what if we looked at outside folks, and I know you actually did. MS. MERRITT: Yes. COMMISSIONER CONSTANTINE: And we're in roughly the same ballpark from what you've laid out here, like with the Naples studio, appears to be the most reasonable. But we're still up at close to $100,000, plus you all still need to do your scheduling and everything. MS. MERRITT: That's right. COMMISSIONER CONSTANTINE: I guess it becomes a matter of whether or not this is something we want to do, we want to accomplish, communicating to the public. Because these costs really aren't that far out of line with what production -- as I said, if you want somebody to actually watch it, you have to have some minimal level of production. And I understand your concern, and it may be something that we want to tinker with a little bit and make a part of the budget process. While I support this particular item, I've said to you guys week after week, boy, I'd sure like this better if it came up as part of the budget process so we could prioritize, and you mentioned boy, what about expenditures and other areas. COMMISSIONER CARTER: I guess where I am is I would like to see us out-source it for a year without adding staff, whoever the contractor is, to work with our internal people and then bring it into the budget process to prioritize that, what we're going to do with it. But I can't go the direction of immediately adding staff to do this kind of thing. COMMISSIONER NORRIS: Well, certainly, you know, I started this idea sometime back, six months ago, it seems like. I think it's important that the public get information on what we're doing. We've got public access channels that we need to be providing information to the public. Certainly there are a number of different ways we could do it. This seems to be one of the best. And like Commissioner Constantine says, you know, you've got to pay to have the quality so the people will at least want to watch it. I still have a motion on the floor for staff's recommendation. COMMISSIONER CONSTANTINE: Commissioner Berry, what do you think? COMMISSIONER BERRY: I support, and I did originally, I support the idea of doing this, because I look at it as balance in the community, frankly. And it's nice to hear the information coming from the horse's mouth as it happens, as opposed to how people think it might have happened and how we read about how it could happen. Page 60 March 9, 1999 CHAIRWOMAN MAC'KIE: Is there any -- COMMISSIONER CONSTANTINE: Except for Dave Taylor, of course. He always gets it right. CHAIRWOMAN MAC'KIE: Is there any support for maybe just postponing this until the budget cycle? COMMISSIONER BERRY: I support looking at it during budget time. I think that that's more appropriate. I think now that we have this number, there's nothing wrong with what Jean has proposed to us, but I think we need to look at it in terms of the whole budget situation. COMMISSIONER CONSTANTINE: I completely agree. I will say, I think I will likely support it during that process, and the reason is, as I said, this isn't simply let's make a TV show, this is communicating exactly -- COMMISSIONER BERRY: Absolutely. COMMISSIONER CONSTANTINE: -- what's going on in Collier County every week at a standard time to the public. COMMISSIONER NORRIS: Trying to present the public with the actual facts, for a change. MR. PERKINS: Here, here. CHAIRWOMAN MAC'KIE: So is there a consensus then that we ~- COMMISSIONER CARTER: Yes. I mean, I support the idea. Don't get me wrong. I support the idea. I'm questioning about whether it's a permanent staffing position or whether you're out-sourcing it to accomplish it. And I believe it has to be in the budget process to -- with the rest of our agendas. CHAIRWOMAN MAC'KIE: So there's a consensus from the board, Ms. Merritt, if that's okay, to bring it back in the budget process. MS. MERRITT: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Are there any speakers on this, Mr. Fernandez? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Okay. We may be able, if we're efficient, to finish our morning agenda in the morning. So let's try to do that. Item #8D2 REPORT AND RECOMMENDATIONS CONCERNING THE SELECTION OF CONSULTANTS - ACCEPTED Item 8(B)2, which is the former 16(B)(4) about consultant selection. MR. CORNELL: For the record, commissioners, Steve Cornell, purchasing, general services director. We're here this morning briefly just to update you on a couple of issues pertaining to the selection and hire of consultants. Specifically we want to talk about how staff considers the work location in the selection process and also update you on two other initiatives that we're working on presently. Page 61 March 9, 1999 With regard to the issue of location, we wanted to advise the board, this is in follow-up to previous discussion, questions concerning our selection of consultant and considering location. As we indicate in our executive summary, better than 70 percent of the dollars expended with consulting firms in the last three years have been paid to firms located in Collier County. More than 95 percent of the dollars expended on annual term agreements engaging consultants have been paid to firms located in Collier County. Based on this information and our general experience, staff is taking the position that we do not believe we have a disparity at the present time in terms of our utilization of local firms. CHAIRWOMAN MAC'KIE: And Steve, if I can just interrupt you. That -- you know, this was something that I raised and I appreciate that you guys are bringing this back in response. But my concern at the time was not so much whether or not we needed to have a local benefit point, because maybe we don't. My concern, frankly, is the qualifications of the staff level of people who -- you know, we don't review the proposals, we rely on what we get from staff's review and their ranking, and I worry if those are high enough level staffers. That's my bottom line concern. COMMISSIONER CONSTANTINE: I think the discussion we'd had on that, too, is what I call the Russian judge theory, that perhaps if we have a panel of eight or nine folks who are doing this judging, which I know isn't always the case, but sometimes we have a lot of bodies doing the judging. And occasionally personalities will get in as part of that, whether they should or not. And perhaps you toss out either the high or the low or both as part of the process. MR. CORNELL: Let me briefly respond to that. It's a valid concern. And I'll tell you that we're addressing that really on the front and the back end of the process. On the front end we have made -- we're making a little more deliberate effort now to select our committees with care, and particularly in your public works division, your administrator there and your public works engineering director have developed a process where they very carefully review who they're placing on committees. What we're trying to balance against there, Madam Chairwoman, members of the board, is the -- your concern about being sure that we don't have bias, improper type biases entering into the process, against the fact that we value in our employee input, and particularly the mid-level employee who is interacting directly with the consultant feel like they have a valuable role to play, so we're trying to balance that by having a process that allows them to participate while guarding against potential biases that you're referring to. The second element of the control in the process, if you will, is that as the selections are being formulated, again your senior staff is working very closely with the committees to review how they have arrived at these decisions, and again, looking and searching to be sure that there aren't any improper considerations that have entered the process. And being sure that if something like that does arise, that those are being properly dealt with, and that in fact, the Page 62 March 9, 1999 correct decision based on the merits of the proposals themselves is the decision that comes forth from the committee. Now, just to give you a little further assurance, we are trying to develop an administrative procedure now. It's really been drafted for some time now. But I'm waiting -- I wanted to have discussion with this board, and also have given the subcommittee within the Economic Development Council an opportunity to review it and to give us some feedback on that. So I'm waiting on their comments to finalize the document, if you will. CHAIRWOMAN MAC'KIE: All right, Jill, get 'em busy. MR. CORNELL: That's where we are at this point. CHAIRWOMAN MAC'KIE: Okay. This is mostly just an informational item for us, wasn't it? MR. CORNELL: Yeah. CHAIRWOMAN MAC'KIE: Any other direction the board wants to give to staff in this regard? COMMISSIONER CONSTANTINE: Staff recommendation asks for a motion. CHAIRWOMAN MAC'KIE: Oh, do we need a motion at this point? COMMISSIONER NORRIS: I'll move that we accept the staff report. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Dr. Woodruff, I know you've been here, and I'm tempted to postpone the budget policy discussion until right after lunch, we might be able -~ is that -- can you come back? DR. WOODRUFF: Yes. CHAIRWOMAN MAC'KIE: Thank you, sir. Because that one is probably going to be more of a lengthy discussion and we could move on to -- COMMISSIONER CONSTANTINE: More than 13 minutes. Item #8E2 DISCUSSION REGARDING THE SATELLITE GOVERNMENT TASK FORCE - REPORT PRESENTED CHAIRWOMAN MAC'KIE: Yeah. We could move on to 8(E)(2), because there's nothing in our packet about this satellite government task force. MR. FERNANDEZ: Madam Chairwoman, this is a very brief report that I was going to make, letting you know that we have acknowledged the fact that the Board of County Commissioners has the responsibility to provide space to the constitutional officers. The board has approved a space plan, and we've been aware of the fact the constitutional officers have identified their various needs for satellite facilities. Page 63 March 9, 1999 And in order to coordinate this effort, we have -- I have approached the constitutional officers and asked if they were interested in participating on a task force so that we could work together to identify our respective needs for space and participate together in the process of planning that additional space. So I just wanted to report to you that that process has begun. CHAIRWOMAN MAC'KIE: Good. MR. FERNANDEZ: I've gotten a very positive response from each of the constitutional officers that they're willing to send a representative to meet with us and to develop plans for satellite facilities. CHAIRWOMAN MAC'KIE: Great. I thank you for that. And on a somewhat related item, I had asked you, Mr. Fernandez, last week, or last meeting to put on the agenda an item for the board's consideration somewhat related to this, and so I mention it now and then we'll be sure it gets on. That is the creation of an inter-governmental communication -- MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: -- committee of some kind where maybe the chairman of the board, the mayors of the three cities and a representative of the constitutional officers or some other makeup be instituted for some regular communication -- COMMISSIONER CONSTANTINE: Great idea. CHAIRWOMAN MAC'KIE: -- among all of those members. And if I don't stop talking so fast, the court reporter is going to kill me. Sorry. COMMISSIONER CARTER: I think it's a great idea. Let's do it. CHAIRWOMAN MAC'KIE: Good. Okay, moving on. Item #gA ACCEPTANCE OF A SETTLEMENT PROPOSAL OF $7,500.00 TO RESOLVE THE CASE OF MARSHALL V. COLLIER COUNTY, CASE NO. 97-541-CIV-FTM-24D, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA - APPROVED 9(A), the settlement of the Marshall case. MR. PETTIT: Good morning, commissioners. My name is Mike Pettit, for the record, assistant county attorney. And I'm just here this morning to present to you the offer of settlement we received from Mr. Marshall and his attorney of $7,500. This was an age discrimination case that was filed against the county. Mr. Marshall claims he was discriminated against when he was not selected as a code enforcement investigator. CHAIRWOMAN MAC'KIE: Are the board members familiar with this case? Do you need -- COMMISSIONER CARTER: No, I'm familiar with it. CHAIRWOMAN MAC'KIE: Anybody ready to make a motion? COMMISSIONER CARTER: I move we accept the recommendations. CHAIRWOMAN MAC'KIE: Is there a second? Page 64 March 9, 1999 COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: Motion and a second. All in favor, please say aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. Opposed? COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Passes four to one. COMMISSIONER CARTER: One comment on this. I think there should be a lesson learned from this process about how you interview and select people, the legal interview. Send that message down to every administrator in this county, everybody that interviews, understand the law, what you can do and can't do, because it just cost us $7,500 because we didn't do that. COMMISSIONER CONSTANTINE: Well, it cost us $7,500 because someone accused us that we didn't do that. CHAIRWOMAN MAC'KIE: And I'll tell you, too, Commissioner Carter, I've seen some real improvements in the policies and procedures from the way they were at this time. But your point is very valid. It's the same problem I had with our sexual harassment policy at one time. COMMISSIONER CARTER: Exactly. CHAIRWOMAN MAC'KIE: But I think that -- MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: -- has gone forward now. Yes, sir. MR. FERNANDEZ: That's one of the subjects that I talked about I believe last time when I made a presentation to you about some of the training programs that we're involved with. CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: Training, recruitment and hiring is part of that process. MR. PETTIT: Commissioners, if I may, obviously this is something our office is concerned with and I'm concerned with, too. And I believe, and if you would like, I'm prepared to put together a chart showing our claims experience. And I think, I've got my fingers crossed, that we're going to see that our claims experience is improving since 1995. And I hope it's going to continue to improve, because I do think these are the kinds of claims we can prevent. CHAIRWOMAN MAC'KIE: I think that would be nice to have, you know, maybe just in the consent agenda for information, when you can have that ready. Page 65 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on this ~'fl, day of //2///"~rr,-,1,, , 1999 by and between Joseph R. S. Marshall ("Marshall") and Collier County (the "County"), a political subdivision of the State of Florida, with respect to Case No. 97-541-CIV-FTM-24D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between Marshall and the County that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Marshall's applications for employment with the County. WITN ESSETH.' WHEREAS, Marshall has filed an action against the County in the United States District Court for the Middle District of Florida, and that action is styled I~andall Marshall v. Collier County, Florida, Case No. 97-541-CIV-FTM-24D (hereafter referred to as the "Lawsuit"); WHEREAS, Marshall has alleged various claims against the County in the Lawsuit and the County has filed an answer and affirmative defenses; WHEREAS, Marshall and the Co. unty, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Marshall in the Lawsuit, and also desire to fully and finally resolve any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Marshall 's applications for employment with the County; WHEREAS, Marshall and the County desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or that relate in any way to or arise directly or indirectly from Marshall's applications for employment with the County to a writing so that it may be binding upon Marshall and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties and affiliates; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Marshall and the County mutually agree to the following: 1. Marshall and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay Marshall compensatory damages in the amount of $5,000.00. The County also agrees to pay attorney's fees and costs incurred by Marshall in prosecuting this action in the amount of $2,500.00. The payment of compensatory damages to Marshall shall be made by check payable to Marshall. The payment of the attorney's fees will be made by check payable to Marshall's attorney, Douglas Wilson. Marshall and the County agree that the amounts payable under this Paragraph of this Agreement and Release are not compensation for services rendered or to be performed. Based on the federal income tax laws in effect as of the date hereof and subject to changes in the law that may require otherwise, Marshall and the County regard these sums as one to be excluded from wages for purposes of all employment taxes under the Internal Revenue Code, and agree that the County shall not withhold any taxes from said amount. Marshall as well as Douglas Wilson shall be issued Form 1099s for the amounts paid under this Agreement and Release. Marshall and Douglas Wilson agree that the payments made hereunder may constitute gross income to each of them within the meaning of the Internal Revenue Code of 1986, as amended, and agree to pay any amount that may be determined to be due and owing as taxes, interest and penalties arising out of such payments. 3. The payments referred to in Paragraph 2 of this Agreement and Release shall be in full and final settlement of any and all claims for all damages allegedly suffered by Marshall including but not limited to the acts alleged in the complaint and amended complaint in the Lawsuit. The payments shall also be full and final settlement for any and all claims for attorney's fees, costs and other expenses incurred by Marshall in prosecuting 2 the Lawsuit. iVlarshall agrees and acknowledges that the payments provided for in this Agreement and Release fully discharge any and all liabilities and obligations to him related in any way to or arising directly or indirectly from his applications for employment with the County. As such, N4arshall agrees to indemnify the County for and hold it harmless from any claims for attorney's fees, costs or other expenses incurred by Douglas Wilson or any other attorney in connection with the complaint or amended complaint in the Lawsuit. 4. Marshall agrees to assist his attorney in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed immediately upon receipt of the payments referred to in Paragraph 2 of this Agreement and Release. 5. Marshall represents and warrants to the County that he has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release, Marshall, on behalf of himself and any and all heirs, executors, administrators, legal representatives and assigns, shall and hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, attorney's fees, costs, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown that Marshall has asserted in the Lawsuit or that/vlarshall had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, relating in any way to or arising directly or indirectly from the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate in any way to or arise directly or indirectly from Marshall's applications for employment with the County, up to and through the time of execution of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. 5. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County or Marshall. 7. (a) Marshall has asserted a claim for age discrimination against the County or the County's elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns for age discrimination under the Age Discrimination in Employment Act ("ADEA"). Accordingly, and solely for purposes of complying with the release provisions of the ADEA, Marshall acknowledges, understands and agrees that he may revoke this Agreement and Release for a period of seven (7) calendar days following execution of this Agreement and Release. This Agreement and Release is not effective until this revocation period has expired. Marshall understands and agrees that for any such revocation to be effective, the revocation must be in writing and must be sent via telefacsimile to the Office of the County Attorney to the attention of Michael W. Pettit, telefacsimile number (941) 774-0225 within seven (7) days of execution of this Agreement and Release. (b) Marshall further understands that he is entitled to consider this Agreement and Release for twenty-one (21) days prior to his execution of this Agreement and Release and, by executing this Agreement and Release, he acknowledges that he has been given the opportunity to consider this Agreement and Release for said twenty-one (21) days. (c) Marshall understands and agrees that he has been advised to consult with an attorney prior to executing this Agreement and Release and that he has had a sufficient opportunity to discuss this Agreement and Release with his attorney, Douglas WiIson, prior to this Agreement and Release's execution. 8. Marshall agrees to indemnify, defend, and to hold the County harmless from and against any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Marshall. In this latter regard, Marshall acknowledges and agrees upon advice from his counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Marshall under this Agreement and Release are solely his responsibility. 9. Except for any claim to enforce the terms and conditions of this Agreement and Release, including without limitation the indemnification provisions in this Agreement and Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Marshall, his attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, attorney's fees, costs, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had, now has, or may have against Marshall arising directly or indirectly out of or relating in any way to Marshall's applications for employment with the County or any claim or allegation that Marshall has asserted or could have asserted in the Lawsuit. 10. Except for the payment referred to in Paragraph 2 of this Agreement and Release, Marshall and the County agree to waive the right to seek payment of attorney's fees or costs incurred in the Lawsuit, and both parties agree to pay for their respective attorney*s fees and costs incurred in the Lawsuit. 11. Marshall represents and warrants to the County that he is authorized to enter into and that he has the authority to perform the terms of this Agreement and Release and that he has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims he has released and discharged in this Agreement and Release. 12. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached an~/ duty/ owed to Marshall under federal, state or local law, policy or practice, with respect to Marshall's employment, or the cessation of his employment, or in any other matter, or that any of Marshall's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 13. This Agreement and Release shall be governed by the laws of the State of Florida. 14. This Agreement and Release is freely and voluntarily executed by Marshall and the County after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release,/viarshall and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Marshall and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language clause in question. 15. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 16. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 17. In the event of an alleged breach of this Agreement and Release, Marshall and the County hereby agree that all underlying causes of action or claims of Marshall and the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Marshall and the County further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 18. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Marshall and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 19. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 20. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement and Release. 21. The parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. '7 IN WITNESS WHEREOF, Marshall and the County having executed this Agreement and Release, which consists of 9 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. DATED:' 3z~// BOARD OF COUNTY COMMISSION ERS OF , ATTEST: ".' COLLIER COUNTY, FLORIDA ., ~ DWIGHT'E. BRQCK, Clerk " "'" AMELA S. MA~m~an - By: '. ........"" Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN RANDALL MARSHALL AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Randall Marshall before me this ~'//A day of///"~ / , 1999. ~~-"~/~'/Z""'/~,-4'-~ Personally Known Signature of I~otary Public4/ or Produced Identification [/"/ C~ PuBlic Type of Identification Produced (Please p~ -" 8 My Commission expires: Agreed and Approved: DOU~LAS L. WILSON, ESQ. Attorney for Plaintiff Date Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney h:Lit~tarshalI-SettleAgree&Rel-mwp March 9, 1999 Item #9B SETTLEMENT PROPOSAL IN THE CASE OF ANITA MANN, ET AL. VS. COLLIER COUNTY, CASE NO. 98-929-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURTI COLLIER COUNTYr FLORIDA - APPROVED Settlement, 9(B), the Mann case. COMMISSIONER CONSTANTINE: I'm going to make a motion we approve this. And I'm going to just make a verbal note, and that is this appears to be a little different in that it appears the county may have had some degree of fault here, and so I think -- COMMISSIONER NORRIS: Seconds. COMMISSIONER CONSTANTINE: -- it's fair that we go ahead and take care of that. CHAIRWOMAN MAC'KIE: There's a motion and a second. Further discussion? If not, all in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Thank you, Mr. Pivacek. COMMISSIONER CONSTANTINE: Great presentation. Page 66 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AND MUTUAL RELEASE (hereinafier referred to as "Agreement and Release") is entered into and made on this/~;e:~b day of '7~ ~ , 1999, by and between ANITA MANN and LESTER MANN, (hereinafier referred to as "Plaintiffs") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafier referred to as "Collier County"). WITNESSETH: WHEREAS, Plaintiffs have initiated and filed a lawsuit on March 1, 1998, against Collier County in the Circuit Court in and for Collier County, Florida, entitled Anita Mann and Lester Mann v. Collier County, Case No. 98-929-CA; WHEREAS, Collier County received a copy of the aforementioned lawsuit on March 19, 1998; WHEREAS, the substance of the lawsuit filed by plaintiffs alleges personal injury and damages due to an alleged failure of employees of the Collier County Parks and Recreation Department to properly maintain equipment at the Frank E. Mackle, Jr., Community Park, on or about February 17, 1995; 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 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 Forty-Two Thousand Five Hundred Dollars ($42,500.00) representing the total amount due to plaintiffs for damages sustained by her when she injured her leg at the Frank E. Mackle, Jr., Community Park on February 17, 1995, said amount to be paid in accordance with and subject to the provisions set forth herein. 3. The payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) shall represent 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 plaintiffs shall be accompanied by one lump-sum payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) on or before May 1, 1999. 5. No settlement payment has been made by Collier County to plaintiffs relating to this matter as of this date. 6. Both Collier County and plaintiffs agree to bear their own attorney's fees and costs accumulated as a result of the incident alleged in the complaint and resulting lawsuit. 7. In consideration of the payment by Collier County as stated in paragraph three (3) and paragraph four (4) of this Agreement and Release, 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 plaintiffs now have, or which may have 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. 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. Both plaintiffs and Collier County agree that any and all claims which may have emanated from the alleged injury sustained by her on February 17, 1995 are precluded be execution of this Agreement and Release and acceptance of payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) by Collier County to 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 inj are 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 representative or statements of the other parties, or by any person or persons representing any other party. 2 13. All parties hereto understand and agree that there are no oral or other agreements, arrangements, representations or understandings between them relevant to the matter covered 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 plaintiffs on February 17, 1995, at the Frank E. Mackle, Jr., Community Park 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 fail 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 this document's terms 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. IN WITNESS WHEREOF, the parties, by their duly authorized agents have signed and sealed this.agreement on the date set forth adjacent to their signatures. 'DATEI~C;~~~/,~'fi',,~ · :v~DWIGHT E. BROC.I~ CLERK Z~LLIE OUNTY FLORIDA ,.IE OUNTY~ '..,-7,., ,,~. ... PAMELA S, MAC'KIE A o vre d as t fo~ Lawrence S. Pivacek Attorney at Law David C. Wiegel ~" County Attorney 3 " WITNESSES: (~ ~ ( I ) _ _ U c Anit'a Mann (signahare) ~ Lester M~ (~n~ture) Printed/T~ed Name Printe~ed Name Date Date VERIFICATION PROVISION ANITA MANN, plaintiff in the instant litigation, hereby swears and affirms of her personal knowledge that she has read and understands the settlement agreement and mutual release, the terms and conditions thereof, and accepts them of her own free will and volition. By execution hereof, Anita Mann swears and affirms that she is one and the same person as the plaintiff in the instant litigation and attests to the validity and authority of~Ak~h~~ ANITA MANN STATE OF ~ PENNSYLVANIA: : SS COUNTY OF g~M.~4fzR CLEARFIELD: The foregoing instrument was acknowledged before me this 14th day of April, 1999, by ANITA MANN, who is personally known to me or who has produced as identification and who did take an oath. of Notary P~'bl~ Rose M. Raymond (Print, Type, or Stamp Commissioned Name of Notary Public) ! NOTARIAt SEAL ROSE M. ~'WMOND, Notary Pubi'ic Clearfield Bero, Clearfield County, PA 4 ". VERIFICATION PROVISION LESTEl( !VIANN, pl.'tia,i ff i, the instant litigation, hctcby swcm's mid alTinns 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, Lester Mann 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. LESTER MANN STATE OFllXMIIO[]t PENNSYLVANIA : : SS COUNTY OF ~gffaXlilCLEARFIELD : ~ The foregoing instrument was acknowledged before me this 14th day of April, 1999, by LESTER MANN, who is personally known to me or who has produced as identification and who did take an oath. (Notary Seal) 3J~ ~7 ~ ~ature ofNota;y Publi~ Rose M. Raymond (Print, Type, or Stamp Commissioned Nam~ of Notary Public) HOT,M~[~ ~ ,~ 1 ~ N~. ~J~Y/Vt~HD, A:~a.-MANN~GRffF. bI!~.T March 9, 1999 Item #10B CONSIDERATION TO APPROVE REQUEST FROM SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR A LETTER OF SUPPORT STATING THE COUNTY,S INTEREST IN REMAINING AN ACTIVE MEMBER OF THE ECONOMIC DEVELOPMENT DISTRICT AND SUPPORTING THE OVERALL ECONOMIC DEVELOPMENT PROGRAM - APPROVED CHAIRWOMAN MAC'KIE: The next item, 10(B), probably didn't even need to be on here. Apparently it's something that happens annually. It's something that the regional planning council asks to us continue to support the -- COMMISSIONER CONSTANTINE: Move approval. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 67 3301 EmtTamiamiTrall*Nal~e, Florida 34112-4977 ~ C. Ngnl8 (N1) 774-8097 * FIx (941) 774-3602 JamasD. Catsr. Ph.D. I}islr~2 ~ March 9, ]999 Par~a S. ~ Bafoera B. Be, fy Dbffict5 Mr. Ch~lesFort~n F-~mo~e .Development' A~on C~llier C~ s.~ ~' "..~!OvecallE~nomi~De~vel~pment Pro~ (OEDP) A~nu~l .Re~ex~ PBM:sf , ' ~ ..:.~: ... .... March 9, 1999 Item #10C FEE WAIVER FOR PARK FEES AND BEACH PARKING FEES FOR THE MARCO SPORTS FESTIVAL - APPROVED Commissioner Norris has a fee waiver request for Marco Sports. COMMISSIONER NORRIS: Yeah. On the Marco Sports Festival, if my memory is right, we're not giving them TDC money this year; is that correct? But they have asked for a waiver of $65 for parking fees for COMMISSIONER CONSTANTINE: They want to give up parking fees? COMMISSIONER NORRIS: I think we could afford 65 bucks. So I move approval of the fee waiver for parking beach parking fees. MR. MULHERE: Pardon me, just for the record, Bob Mulhere, planning services director. They have also requested as a waiver of the right-of-way permit to put signs in the right-of-way along 951, and I just want to make sure that the record -- CHAIRWOMAN MAC'KIE: Which is another $200. MR. MULHERE: It's 125. CHAIRWOMAN MAC'KIE: 125. So a total of about a $200 waiver. Is there a second? COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: Okay. Is there further discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Okay, it's actually 10 till 12:00. Shall we take our lunch break now? Item #11B PUBLIC COMMENT - AL PERKINS REGARDING AUTISTIC CHILDREN COMMISSIONER BERRY: We have public comment. Do you have any -- CHAIRWOMAN MAC'KIE: Oh, oh, we could hear public comment. Let's do hear that. COMMISSIONER NORRIS: Going once, going twice, it's gone. CHAIRWOMAN MAC'KIE: You're here, A1, we know you're going to talk to us. Come on up. COMMISSIONER CONSTANTINE: And where is our luncheon today? COMMISSIONER BERRY: It's over at East Naples Methodist Church. MR. PERKINS: It's still morning. Good morning, commissioners, ladies and gentlemen, what's left, people at home. The reason why I'm speaking this morning is to make you aware that next month is Autistic Awareness Month, and we have a tri-county organization that involves Lee County and Charlotte and trying to take and promote the awakening of these children. And it takes a lot of work, it takes a lot of patience. Page 68 March 9, 1999 And with that, they have asked me to take and make a presentation, or ask a question whether or not parks and recs for the summer program might get involved in some of this on a local basis for Collier County. Or as far as that goes, any of these children need help. They need all the help they can get. And if we can bring one out of that shell, just one, it's all worth it. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Alo I'm sure that Mr. Olliff or his staff would be happy to talk to whomever has some proposals for 'em. COMMISSIONER BERRY: I think it would require someone who has some special training to work with those children. Perhaps, and again, to get anybody else involved, might look to the school system to see if they have anyone -- CHAIRWOMAN MAC'KIE: There you go. COMMISSIONER BERRY: -- that might be helpful in that area. MR. PERKINS: With the special training, the parents have to stay with the children. COMMISSIONER BERRY: Yeah, I know. MR. PERKINS: And because, you know, you got a big problem. COMMISSIONER BERRY: But you've got to know what you're doing as well. MR. PERKINS: Absolutely. It's a beginning problem -- program that we could possibly get started here to help out a bunch of people. Thank you. CHAIRWOMAN MAC'KIE: Okay. Guys, do you think we can be back from our lunch at 1:00, or should we -- COMMISSIONER BERRY: Better make it 1:15. CHAIRWOMAN MAC'KIE: Make it 1:157 Okay, we're adjourned till 1:15. (Lunch recess.) Item #8E1 DISCUSSION AND APPROVAL OF FY2000 BUDGET POLICY - ADOPTED WITH CHANGES (CONSENSUS); BUDGET WORKSHOP DATES SCHEDULED FOR JUNE 17, JUNE 18 AND JUNE 21, 1999~ ADOPTION OF PROPOSED MILLAGE IS SCHEDULED FOR AUGUST 3, 1999 CHAIRWOMAN MAC'KIE: We're going to call the county commission meeting back to order, March 9th, 1999. And we're going to start with the last item on our morning agenda, which was the discussion and approval of budget policy. MR. SMYKOWSKI: Good afternoon. For the record, Michael Smykowski, budget director. Our purpose today is threefold. First item is for the board to reach consensus on the policies and assumptions upon which the fiscal year 2000, the year the budget will be based. The second component is a review of the three-year analysis of the principal ad valorem tax supported funds in the county, which includes the general fund, unincorporated area general fund, and the Page 69 March 9, 1999 pollution control fund. The purpose of which is to focus on longer term financial conditions within these funds and for the board to understand the financial implications of the funding decisions they would make in this upcoming year's budget workshop. Finally, there are -- the board needs to establish workshop dates in June, a date to adopt the proposed millage rates, and September public hearing dates. We'll move right into the budget policy discussion on page two. The executive summary itself is divided into three major segments: The first is which is the standard budget policies that the board has adopted on an annual basis, on pages two to seven. The second section are new proposed budget policies specific to fiscal year 2000 budget preparation, on pages 8 to 11, and the third component is the three-year analysis of the ad valorem tax supported fund, and we'll highlight some of the major issues that we see with within the context of that development. CHAIRWOMAN MAC'KIE: So it's probably mostly what's on pages 8 through 11 that we're going to want to discuss, unless you guys want to go through every bit. MR. SMYKOWSKI: That is correct. I was going to propose to go through the -- what are the standard county budget policies, treat that somewhat as analogous to a consent type agenda, and just highlight where there are changes from the past year, if that's acceptable to the board. CHAIRWOMAN MAC'KIE: Yes. MR. SMYKOWSKI: On page three, near the bottom, the indirect cost allocation plan. There have been concerns expressed by County Commissioners at various times, as well as advisory board members of the various taxing districts. As a result, this year we are utilizing an external consultant to prepare the indirect cost allocation plan. We had developed that plan in-house with a working committee a number of years back. It's never officially been validated by an outside source. We felt given the concerns expressed, that it was appropriate for us to do that. That is underway -- CHAIRWOMAN MAC'KIE: That's great. MR. SMYKOWSKI: -- and it will be completed next week, so -- CHAIRWOMAN MAC'KIE: Glad you were paying attention. Everybody knows what that one is, where it kind of looks like general government might get shifted to these MSTD's, so we're going to check that. MR. SMYKOWSKI: Yeah. CHAIRWOMAN MAC'KIE: Great. MR. SMYKOWSKI: In terms of the interim government service fee, at this point we're not going to budget any revenue pending obviously the outcome of the Supreme Court hearing. In terms of the ad valorem capital funding, over time through -- at one point that was one mill. I'm at the bottom of page four. In fiscal year '91, we levied approximately 12.8 million for capital. Over time that had been reduced. Last year we utilized just shy of eight million dollars of general fund supportive capital projects, Page 70 March 9, 1999 obviously due to construction inflation. We're recommending that we increase that by four percent annually. CHAIRWOMAN MAC'KIE: And in English language translation there is that what percentage of the capital improvement budget will be funded by general fund dollars? MR. SMYKOWSKI: Eight and a quarter million. CHAIRWOMAN MAC'KIE: Eight and a quarter percent? COMMISSIONER CONSTANTINE: Million. MR. SMYKOWSKI: Eight and a quarter million. CHAIRWOMAN MAC'KIE: Eight and a quarter million. What percentage of the capital improvement budget is that? 10 percent, 30 percent? MR. SMYKOWSKI: Not even probably five percent. CHAIRWOMAN MAC'KIE: Less than? MR. SMYKOWSKI: Yeah. It's small. Five percent. COMMISSIONER CONSTANTINE: The .658 becomes? CHAIRWOMAN MAC'KIE: 825? MR. SMYKOWSKI: Bear with me. CHAIRWOMAN MAC'KIE: Point being we're trending back up on spending general fund money for capital projects, and that's not what the community loves for us to do. COMMISSIONER BERRY: Well, that's true. MR. SMYKOWSKI: .38, .39, rounding. So -- COMMISSIONER CONSTANTINE: .658 gets lower? MR. SMYKOWSKI: Yes. That was -- in '92 it was reduced to that level. It had shrunk over time. Eight million as a function of the 21 billion in taxable value. It's just shy of four-tenths of a mill. So over time that has -- we've whittled that back. COMMISSIONER CONSTANTINE: What was it last year? I'm not following you at all, I'm sorry. CHAIRWOMAN MAC'KIE: I think what he's saying is because property values have increased so significantly, that the amount of the millage goes down, even though the total dollars goes up. MR. SMYKOWSKI: The dollars actually over time had actually been decreasing -- CHAIRWOMAN MAC'KIE: But lately. MR. SMYKOWSKI: -- as well. Last few years we've increased that slightly. COMMISSIONER CONSTANTINE: Last year you had a millage rate of "X" that brought in eight and a half million? CHAIRWOMAN MAC'KIE: What was the millage necessary to collect the portion of the -- MR. SMYKOWSKI: 7.9 million. CHAIRWOMAN MAC'KIE: Yes, what was the millage to collect that last year and what's the millage -- COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: -- to collect the 8.25 this year? My God, we've never been able to stump him, but we might have done it this time. Page 71 March 9,.1999 MR. SMYKOWSKI: I'm just looking for the right page in the analysis here. .37. So under four-tenths of a mill annually we've levied over the last few years. CHAIRWOMAN MAC'KIE: So this year it's still in that .3 something mill? MR. SMYKOWSKI: Yeah. Essentially we're assuming there will be four percent in new construction coming on the tax rolls, and we would increase the amount allocated to capital projects by that four percent so as not to lose ground to inflation. Obviously as you build each year out, construction inflation adds a certain increment to capital projects. CHAIRWOMAN MAC'KIE: Public seems to think that any capital improvement should be paid for with impact fees. Of this eight million, is any of that being spent on projects that could be eligible to be paid for by impact fees if we had the money? MR. SMYKOWSKI: Absolutely not. We're using this money essentially for refurbishing type efforts, things in the library that are not impact fee eligible. Playground park equipment that's not eligible. Because it is equipment that is not growth necessitated. CHAIRWOMAN MAC'KIE: Any other questions on that one? COMMISSIONER NORRIS: Just that the -- that capital millage is capped at one mill, is it not? COMMISSIONER CONSTANTINE: Yes. CHAIRWOMAN MAC'KIE: Is it? COMMISSIONER NORRIS: No? MR. SMYKOWSKI: No. That is part of the general fund. At one point it was a separate fund capped at one mill, but -- MR. FERNANDEZ: There is no dedicated millage for capital improvement. We're just using a millage equivalent computation to establish the relationship between capital improvement program funding and the operating budget. COMMISSIONER NORRIS: So we could levy two mills if we wanted to? MR. FERNANDEZ: Yes. COMMISSIONER CONSTANTINE: Not suggesting that you'd want to. COMMISSIONER NORRIS: I said if. CHAIRWOMAN MAC'KIE: So under .4 -- COMMISSIONER CARTER: But it's an alternative method to raise the capital budget. It's not one we want to do -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: -- but it's there. CHAIRWOMAN MAC'KIE: As opposed to a sales tax, for example. COMMISSIONER CARTER: Yeah, that's exactly where I'm going with it. It just keeps mirroring then back to us about how you're going to pay for your capital expenditures. MR. SMYKOWSKI: The bottom line of the staff recommendation here is that we do not want to lose ground to inflation in terms of capital projects. COMMISSIONER CONSTANTINE: Moving right along. CHAIRWOMAN MAC,KIE: Okay. Page 72 March 9, 1999 MR. SMYKOWSKI: Bottom of page five, law enforcement impact fees. Obviously based on board direction, we're pursuing implementation, at this point just at the correctional facilities. CHAIRWOMAN MAC'KIE: Of the jail fee. MR. SMYKOWSKI: Correct. Some of the more important items are on page seven within the existing policies. The board will recall over time that gas taxes have been transitioned from supporting road maintenance to road construction. Last year we began a reversal of that trend with the positive result that it reduces the road and bridge reliance on general fund dollars for -- to make up the difference in its budget. Last year there was a million dollars of gas tax allocated to road maintenance. This year we're recommending two million dollars. CHAIRWOMAN MAC'KIE: And the total -- how much -- what's the revenue side of gas tax? What do you expect to -- COMMISSIONER CARTER: Four and a half million, isn't it? CHAIRWOMAN MAC'KIE: So we're going to say half of the gas tax money will go to maintenance? MR. SMYKOWSKI: It's not quite half. CHAIRWOMAN MAC'KIE: Well, but ballpark. Four and a half, and you're recommending two million. MR. SMYKOWSKI: Six, seven million annually, and two million, so CHAIRWOMAN MAC'KIE: So it's more like -- MR. SMYKOWSKI: -- 25. Yeah, 25 percent is ballpark. CHAIRWOMAN MAC'KIE: And, you know, I wish we could do that more aggressively than we are. I mean -- COMMISSIONER BERRY: Don't we all? CHAIRWOMAN MAC'KIE: Yeah. MR. SMYKOWSKI: Obviously that's dependent somewhat on the long-term funding sources for roads and capital improvement program as a whole. At this point without that dedicated long-term funding source for capital, we can't take too much away from the road construction program in the short run without replacing that with something, and so we're taking incremental steps to make those changes. Salary administration, the recommended adjustment within all agencies for salary increases and pay plan maintenance is four and a half percent for fiscal year 2000. COMMISSIONER CONSTANTINE: The question being -- and I understand you're saying recruitment and job market is competitive. But in those years where CPI has been opted at three percent or above, then we've usually stuck strictly to CPI. This year CPI is, this past year, probably going to be the lowest it's been in years, and this would be the largest increase. Last year we had kind of a two-part increase. We had the standard plus some extra for performance. But it doesn't seem to be consistent with what we've done for the past five or six years. Page 73 March 9, 1999 COMMISSIONER CARTER: Well, I guess what I see in that, Commissioner, is that we are in a job market that is not consistent with years past. We are in a struggling job market. And that's why I think they're putting it there. And I have to agree with that, we're going to have to pay to get -- there's just no way around it. COMMISSIONER CONSTANTINE: Can you quantify for me how many jobs have -- that -- how many vital jobs have gone unfilled for six months, eight months, a year, because of salary that we've had nobody apply? MR. SMYKOWSKI: Not off the top of my head. I don't know if -- MR. FERNANDEZ: No, we don't have to those numbers today. COMMISSIONER CONSTANTINE: Can we have that as part of the budget process? And I just want to be really careful, one of the mistakes we made a couple of years in '93 and 4 was put a number out there like five percent and then end up scaling that back. I don't want -- I'm not comfortable putting 4.5 percent here until we have all that information in front of us. I agree with you, if that's where we need to be in order to recruit people, that's fine. But if that's just the buzz words right now and that's not what we're actually experiencing, then I don't want to do that. And so I don't want to put 4.5 percent out there, find we're not experiencing that and then change it this June and frustrate 1,000 employees. Well, gee, they said we were giving four and a half and now they're only going to give us three, or whatever it is. And so I don't really want to plug a number in there until I've had some comfort level that we're actually experiencing that. COMMISSIONER CARTER: A couple of things along that line, Commissioner. I would like to know not only how long it is before we can find people, what are we losing out the back door that are leaving because of salaries? Secondly, I'd like to separate the high tech, if you please, the MIS area from that, because right now the pressure of the year 2000, Y2K, there's such a demand for all of that. So when it gets into reality for this, what about the other areas? COMMISSIONER CONSTANTINE: Going along with Commissioner Carter's comments on what are you losing out the back door, we just did the pay plan adjustment last year, is that right, or two years ago? CHAIRWOMAN MAC'KIE: Last year, wasn't it? MR. FERNANDEZ: Madam Chairwoman. COMMISSIONER CONSTANTINE: So we're saying last year. And I mean, either we did it or we didn't. And the reason we did that was again so that we could operate in a competitive market. And you can't use that reasoning year after year after year. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Uh-huh? MR. FERNANDEZ: A couple things we did last year was we established, we hoped, a continuing policy of doing that kind of analysis on an annual basis to make sure that our salaries stay competitive. And also, committing to a pay for performance program. This is not something that's tied to cost of living. So the Page 74 March 9, 1999 connection between this percentage amount and cost of living is no longer there. What we're trying to continue to implement is the cost of the current program, the current policies that we have with respect to performance. Also -- COMMISSIONER CONSTANTINE: What's the maximum increase you would give under an excellent or outstanding performance? MR. FERNANDEZ: Is it -- Leo, is it two and a half percent for -- what did we end up with as a -- CHAIRWOMAN MAC'KIE: If it's not four and a half, why do we need MR. OCHS: Excuse me, for the record Leo Ochs, support services administrator. This year our superior ranked employees are receiving somewhere in the range of 3.8 to maybe four and a half percent on the high side. COMMISSIONER CONSTANTINE: Because what you just said is it's not attached in any way to cost of living, and if the highest you're giving away is four and a half, then you're going to have some who are less than four and a half, and you don't need an overall four and a half. I mean, the average is going to be considerably less than that. CHAIRWOMAN MAC'KIE: See, and that makes sense to me, too. I'm going to strongly object if we're giving any kind of cost of living raises, you know, because we changed that. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: So unless everybody is going to get four and a half percent, this is an over budget. MR. FERNANDEZ: We also committed to again implementing the salary survey information that unfortunately we won't have until some later point in our process. CHAIRWOMAN MAC'KIE: How much can you change it here? MR. FERNANDEZ: We didn't have the benefit of that information -- COMMISSIONER CONSTANTINE: When exactly did you make that commitment and how is it going to be different than last year? Because we went through an extensive process a year ago. MR. FERNANDEZ: We don't anticipate it will be as extensive as last year. CHAIRWOMAN MAC'KIE: How much can it change in a year? This is not that dynamic of a market. MR. FERNANDEZ: Maybe Mr. Ochs can speak of that from the experience that we've done from the surveying that we had done. MR. OCHS: Perhaps I can. Again, for the record, Leo Ochs. CHAIRWOMAN MAC'KIE: Hard to hear you, Leo. MR. OCHS: Leo Ochs, support services administrator. I can't predict for you, standing here today, what the change will be from last year's pay plan maintenance. I can tell you that we from year to year use the consistent survey source; that's the Florida League of City's Standard, which compares State of Florida counties and cities, 50,000 population and above. We use somewhere in the vicinity of 80 to 100 of our current job titles and compare those as benchmarks against similar titles in those other survey markets. Page 75 March 9, 1999 That information typically comes back through the Florida League sometime in early April. And that's our difficulty every year. We've asked them to move that survey up. But of course we're only one of many, many agencies that participates, so unfortunately we don't get those results until April, or maybe late March, at best. COMMISSIONER CONSTANTINE: Don't misunderstand me, we want to take care of our employees and keep them here and keep them happy, but it kind of sounds like a shell game of what we're calling this. We can say well, it's not a cost of living increase, but if you intend to do a survey every year of what those are, then essentially you're doing a cost of living. Okay, this year it's gone up a little, whoops, next year it's gone up a little. And you're doing the same thing. So let's call it what it is. And I don't know at any point we said we wanted to do an annual pay plan adjustment and review that every single year. My recollection is that's how we've done it regularly. CHAIRWOMAN MAC'KIE: I thought we were setting a reasonable base for salaries and then we were going to start rewarding performance. Not that we -- you know, and of course you have to stay in the market. But we got in the market last year. And so now this was going to be the first year of real pay for performance. You get zero -- you might get a zero raise, you might get a pay cut if you don't -- if you get a bad review. You might get a -- you know, just like in the real world. So -- COMMISSIONER CARTER: Well, my understanding of the 4.5 was your total budget allocation, and then you could have a wide range based on performance. CHAIRWOMAN MAC'KIE: But if the highest is 4.5 -- if the highest were 10, I could buy that. If somebody might be so great they're getting a 10 percent raise. COMMISSIONER CONSTANTINE: May I make a suggestion so that we can move on, and that is under what the board policy is, you just put a range there, that you expect our policy to be two and a half to four and a half, somewhere in between, and we can -- as you support your argument or don't, then we can narrow down on that. But I don't think today you're able to provide us with the information. Everything you've provided has made it less appealing to make it four and a half percent over all. MR. FERNANDEZ: Madam Chairwoman, this is a number that is used to start the budget development process in the departments, the constitutional officers. All those that submitted into the process are going to use that number. We were hoping to be able to stay with the number that we had for last year, not knowing what the salary information is going to be. Now, back to your point about the salary, whether that salary survey is in essence a cost of living increase, it's not in the sense that it does not include every position. COMMISSIONER CONSTANTINE: I'm getting very frustrated, because last year we were told it's a one time that only happens every three or four years, we sorry that -- Page 76 March 9, 1999 CHAIRWOMAN MAC'KIE: Bite the bullet. COMMISSIONER CONSTANTINE: -- it's so high this year but that -- yeah, we've got to bite the bullet. And so to suggest that, wow, we're hoping to say even with last year, we were told last year that was a one-time bump, a one-time elevation. MR. FERNANDEZ: That's true. Just because we hadn't done it for a number of years. We also said it's a continuing maintenance responsibility that we're going to have to look at the positions that are not keeping up with the market. COMMISSIONER CONSTANTINE: I don't remember this board at any point saying we're going to do an annual salary poll and adjust accordingly. I'm not comfortable -- if you need a number, because everybody is going to base theirs on this, then I'll suggest 3.0. And if we come back with all kinds of proof, we can bump it up and deal with it accordingly at that time. But you haven't shown me anything other than well, that's what we had last year to support four and a half percent. CHAIRWOMAN MAC'KIE: If it were three, then wouldn't that mean that you expect 50 percent of the employees to get a six percent raise and 50 per -- you know, 25, 50 and 25, six, four and a half and zero. MR. FERNANDEZ: That would be the case if the pay for performance is the only thing we're trying to do with this funding. CHAIRWOMAN MAC'KIE: That's all I thought we were going to do. MR. FERNANDEZ: I'll go back and check the record, but it's my recollection -- COMMISSIONER CONSTANTINE: Excuse me, it doesn't really matter. Because in parenthesis it says board policy, and so right now we can set that policy. And I'm not comfortable with a policy that is contrary to my recollection of last year of four and a half percent. If four and a half percent's going to be the high end, it doesn't make any sense to have that put in here. COMMISSIONER CARTER: Well, you know, I don't know where we were last year or what your discussions were, but I'm trying to hear what the administrator is saying. If you need a number to work with and this is to be pay for performance, essentially is what we're looking for, and looking at the conditions of the marketplace that we're serving, if that's the number we need to develop and work with, I can support you on that. If it's a number that we're just going along because we've always used four and a half just because it's going to become a benchmark, then I'm like Commissioner Constantine, I've got some problems with that. So I'm not clear yet that we really know what number we need, because we just asked you a few minutes ago, what's going out the back door, what's the breakdown, what are we doing competitively. So maybe there's some missing pieces here before we can set that number. COMMISSIONER CONSTANTINE: And the reality is if you plug four and a half percent in now, all your constitutional officers would use that, regardless what changes we make in the meantime. And so because you are unable to support that right now, I would prefer to have us put three percent in as the board policy, and then if we find in a Page 77 March 9, 1999 couple of months we have the ability to make it higher than that, if we find there is evidence to support what you need it to be, we have the option to do that. But I don't think we should start high on that and then try to cut it back, because it's not going to work with at least 1,000 other employees in the county. CHAIRWOMAN MAC'KIE: And Commissioner Carter, you have more experience in this than I do, but assuming that we're paying mark-up salaries right now, is a six percent raise a good raise? I mean, is that a good merit raise and a four percent raise is a, you know -- COMMISSIONER CARTER: The difference between -- CHAIRWOMAN MAC'KIE: -- adequate -- COMMISSIONER CARTER: -- those two, Commissioner, will never motivate anyone to do anything. You have to have a dollar amount in a budget and then have the administrator's evaluating performance. You might get somebody at a 10 or 11 percent and someone nothing. But you have to have a spread. When you start fooling around and saying we give these people three and a half and these really outstanding performers I'm going to give four and a half, the person that just broke their chops for you is going to say four and a half percent for what? That's not going to keep them here. So there has to be discretion in terms ~- in the private sector there's a discretion in terms of how you pay people. What it's like here, I have to defer to your expertise here. I don't know. CHAIRWOMAN MAC'KIE: I think I'm going to support three, because we can go somewhere if you come back with -- COMMISSIONER NORRIS: Why don't we make it three and a half to give them a number they can work with. I understand all the arguments. There's good arguments on both sides of this. But rather than you packing off by a full third if you go three, what about three and a half? CHAIRWOMAN MAC'KIE: Except for that -- Mr. Fernandez, if I understood you correctly, you said that if it were a pure pay for performance, that three percent is enough. MR. FERNANDEZ: No, I said if it were a pure pay for performance, three percent would relate to the scenario you were discussing and that is six percent on the high end and averaging out three percent. Some will get nothing, some will get six percent. CHAIRWOMAN MAC'KIE: Okay. But you weren't saying that there's a point and a half for something other than pay for performance. COMMISSIONER NORRIS: But there is -- there's pay plan maintenance in here as well -- MR. FERNANDEZ: Right. That's what I was saying. COMMISSIONER NORRIS: -- and that's something different. COMMISSIONER CONSTANTINE: Is the board policy then that we're going to update every year, we're going to look at what the Florida Cities or Florida Association of Counties has and update every single year? CHAIRWOMAN MAC'KIE: I thought we were going to -- COMMISSIONER CONSTANTINE: That wasn't my recollection. Page 78 March 9, 1999 CHAIRWOMAN MAC'KIE: -- get to a reasonable place and then stop doing cost of living. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: May I amend Commissioner Constantine's question? That's kind of an unusual request. But for different positions than the ones that were adjusted in the current year. Because my understanding is the way the implementation of the survey worked last year, we only adjusted those that were the most critical, and the ones that were furthest away from the survey data. We probably are not going to be addressing those same positions again this year if in fact the board allows us to implement the salary survey. CHAIRWOMAN MAC'KIE: Do you just need more time to be able to justify this number? Because I just haven't heard a justification for that. MR. FERNANDEZ: The point is we won't know what the salary adjustment figure will be until later in the year -- CHAIRWOMAN MAC'KIE: Yeah, but -- MR. FERNANDEZ: -- and maybe the -- CHAIRWOMAN MAC'KIE: -~ if I were going to be making this case, I could make it better than what you made. I mean, I could say, you know, there are -- COMMISSIONER CONSTANTINE: And I don't even believe it and I could make a better case. CHAIRWOMAN MAC'KIE: I don't even believe it and I could make a better case. So it's what percentage of employees didn't get a raise last year? What percent haven't had their pay plan implemented? I don't know. I don't want to cut this and end up unfairly treating employees who deserve raises, but I haven't heard enough today to be able to justify four and a half. End of the meeting could you tell us something? You want to keep this one open and come back with some information, or -- COMMISSIONER CONSTANTINE: I don't know how much the -- CHAIRWOMAN MAC'KIE: -- is the board ready to go? COMMISSIONER CONSTANTINE: I don't know how much they could come back. MR. FERNANDEZ: I don't think we have that down. COMMISSIONER CONSTANTINE: I'd like to ask you, Commissioner Norris, to make it three even, then we have that leeway to bump it back up some if necessary, but I don't think they made a case for anything more than that. Cost of living is 1.8 or something this past year. COMMISSIONER BERRY: I think we ought to table this until we get some better information and be able to answer those questions directly. Because I don't think just putting a number in there is the way to go. COMMISSIONER NORRIS: Well, I don't either, but the thing is that if I understand what the budget director is saying is that he needs a Page 79 March 9, 1999 number to be able to develop a budget to come back to us with the budget hearings. COMMISSIONER CONSTANTINE: And to give the constitutional officers -- I agree with you completely. COMMISSIONER BERRY: Is two weeks going to be a problem? COMMISSIONER NORRIS: Is two weeks going to be a problem? CHAIRWOMAN MAC'KIE: I think what they're saying is they're not going to have any more information in two weeks than they have right now. MR. OCHS: Again, I'm sorry, Leo Ochs. As I mentioned a minute ago, until we get that survey data back and are able to apply that to our current set of salary ranges to our positions -- CHAIRWOMAN MAC'KIE: But Leo, that's not the question. The question -- because this board, as I heard it, said if you thought that that was our direction last year, it certainly wasn't my direction. I heard Commissioner Constantine clearly say it was not his direction. I don't think that was the direction of the board, that every year we look at the survey and see where it goes. My question is more specific. It is what percentage of employees didn't get a raise last year? Who got the pay plan implemented in their favor? And is there some percentage that didn't get -- are we still phasing in the implementation of the pay plan, or are we there? Because what I -- what my policy is, is get us to a decent level, a good pay level, and then reward merit. And then every three or five or some number of years we'll have to do this survey says thing again. MR. OCHS: We could certainly tell you that in two weeks, which positions did not get impacted by the pay plan maintenance that was done this year. I should tell you again that every year your human resources department conducts the annual salary survey, or the pay plan maintenance, if you will. That doesn't mean that it's been funded every year, because frankly, there's been years where the board has allocated the dollar amount to be spent in salaries, and we've either used that for general wage adjustments or something -- or a merit program, and there wasn't enough left to do the pay plan maintenance, or we could only do a portion of it. Last year the board was good enough to allow us to do the entire pay plan maintenance. But we do that work, staff work, every year. CHAIRWOMAN MAC'KIE: Of course you do. MR. OCHS: We just don't have the ability to fund it every year. COMMISSIONER CONSTANTINE: Are you saying last year the board was good enough to let you do the entire -- CHAIRWOMAN MAC'KIE: The whole thing. COMMISSIONER CONSTANTINE: -- let you do the entire pay plan maintenance? That's the whole point I think we're trying to make is MR. OCHS: And I'm not arguing that. All I'm saying is that I don't have the data to look you in the eye today and say how much would we need to spend to tweak the plan for the maintenance portion in the coming fiscal year? I can certainly tell you in two weeks how Page 80 March 9, 1999 many positions did not have their pay plan -- or their pay range adjusted this fiscal year. CHAIRWOMAN MAC'KIE: Let me ask you this question, Leo. Was 100 percent of the pay plan implemented last year? MR. OCHS: Yes, it was. CHAIRWOMAN MAC'KIE: Then all we need to budget for this year is MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: -- merit. MR. FERNANDEZ: Could I correct that answer? It wasn't 100 percent if you take the full amount of the data that we received. There were some positions that we adjusted and did not go the entire length of the increase; is that correct, Mr. Ochs? CHAIRWOMAN MAC'KIE: We didn't get on the top, we gave them the middle. MR. FERNANDEZ: Let's say we survey information in the pay $7,000 increase in salaries, and we said that should only be 5,000; for example. We did that. COMMISSIONER CONSTANTINE: Well, what I'm saying is you didn't rubber stamp the report, you put in rational, logical figures instead MR. FERNANDEZ: Yes. COMMISSIONER CONSTANTINE: -- in your best professional judgment. MR. FERNANDEZ: Yes. COMMISSIONER CONSTANTINE: And on that plan, as you guys put it together, was implemented in its entirety. MR. OCHS: That's correct. But I also should just tell you for point of information that we have never adjusted every pay plan as a result of pay plan maintenance. We do it position by position. And if the market doesn't move for a given pay title, we obviously don't recommend an adjustment in that pay raise. Where only the market would indicate a need for an adjustment do we look to adjust. CHAIRWOMAN MAC'KIE: I see our Human Resources director here. Do you have something you need to add? MS. EDWARDS: Jennifer Edwards, Human Resources Director. I'd just like to comment that indeed my understanding in going away from last year's meeting was that our plan was to have a pay plan maintenance every year, as well as a pay for performance; that our role in Human Resources would be to do our annual surveys, to utilize both the Florida League of Cities, as well as the local surveys that we do. We are in the process of doing that now. We have not received all the data. When we do receive all the responses, we will compile that information and be prepared to respond to your answers. Last year, as a result of last year, pay plan maintenance, which was implemented January the 2nd of this year, 1,006 employees received funding, an increase as a result of that. We also had -- CHAIRWOMAN MAC'KIE: How many, Jennifer? MS. EDWARDS: Excuse me. That was pay plan -- pay for performance. Page 81 March 9, 1999 COMMISSIONER CONSTANTINE: 1,006. MS. EDWARDS: Pay for performance, 1,006 employees received an increase based on pay for performance. That was different increases for different employees. CHAIRWOMAN MAC'KIE: Okay. And what number of employees received merit -- I'm sorry, pay plan adjustment? MS. EDWARDS: 448 employees received an increase based on pay plan maintenance. CHAIRWOMAN MAC'KIE: And of the total number of employees, did 1,000 qualify for pay plan maintenance adjustments, according to the survey? MS. EDWARDS: No, only those people who received it. Only those who were qualified received it. CHAIRWOMAN MAC'KIE: But everybody who qualified under last year's pay plan maintenance received their maintenance -- MS. EDWARDS: That's correct. CHAIRWOMAN MAC'KIE: -- last year? MS. EDWARDS: And that was 448 people. And we also, though, because of the funding, we were required in order to have enough money to do pay plan maintenance, as well as pay for performance, we placed a cap on the pay plan maintenance salary increase. For exempts, that cap was 8 percent. For non-exempts, that cap was 10 percent. The county administrator has asked me recently if our salaries are competitive. And what we say is that based on the surveys that we've done, indeed our ranges, in our opinion, are competitive. But perhaps some of those salaries are not that our employees are receiving because of those caps that we implemented last year, the 8 and the 10 percent, because we didn't have enough funding -- COMMISSIONER CONSTANTINE: So they could get 10 percent, plus they could get pay for performance. MS. EDWARDS: Yes, they did. COMMISSIONER CONSTANTINE: So they may have gotten 10, 12, 15 percent. CHAIRWOMAN MAC'KIE: Some people did. MS. EDWARDS: Some did. COMMISSIONER CONSTANTINE: If somebody was really good and they were in a job that wasn't being under-performed. MS. EDWARDS: Well, the highest pay for performance that was rewarded was 5.5, I believe. That was -- there was a range from like 2.5 up to 5.5. And it was -- COMMISSIONER CONSTANTINE: So as I said, you could get 10, 12, 15 percent. So the point is, we are taking care of it. When we look at the adjustments, Commissioner Carter said, boy, it's going to take like a 10 percent adjustment to make somebody actually have an incentive there. And if we're -- last year we made those virtually across the board than those jobs that had been pegged anywhere along the line. Every single one that had been pegged by that study got its increase, and then every single person who got -- who performed properly got an Page 82 March 9, 1999 increase associated with that, you're telling us, 1,006 of them. So it sounds like we are already taking care of that. And that was all done last year with 4.5 percent budgeted. So unless you are going to repeat that exact same thing this year, I don't understand why you would again need 4.5 percent budgeted. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: One of the things that we talked about last year was, in fact, we had a large adjustment challenge in front of us because this had been neglected for a number of years. We had not been doing annual pay plan maintenance. And that's what makes me think that the board did concur with the need for an annual pay plan maintenance. Now, I will agree, that it should not be as expensive this year as it was last year because we were doing a catch-up year. But if you'll remember, I also came back to you late in the process and said pay plan maintenance is costing us a dollar amount. Now that we know that I feel it doesn't leave us the sufficient amount of funding in our pay for performance to allow for the kind of distinction that Commissioner Carter talked about, distinguishing excellent performance from mediocre performance. And I felt that we needed some additional funding. I asked for an additional percentage and the board gave me half a percent. COMMISSIONER CONSTANTINE: Which got you to a total of? MR. FERNANDEZ: Four and a half. This would be a different balance if the board approves this four and a half percent. It will allow us to use more funding for pay for performance than we had last year and less for pay plan adjustment. Because, of course, we anticipate the need to be less because it won't be a catch-up year. But I do think there is a need to do a pay plan adjustment every year. And I think the board did concur with that last year. CHAIRWOMAN MAC'KIE: I remember what you were talking about now. Basically what you're saying is, if we don't do some kind of maintenance review every year, then every five years we'll be in a hole like we were last year. MR. FERNANDEZ: Right. CHAIRWOMAN MAC'KIE: Okay. I finally get that. COMMISSIONER CARTER: I think that conceptually here everybody is agreement, that you have to have a pay plan maintenance program. I don't hear any disagreement with that. I think what we're hung up on is the percentage. I mean, what is it that we need to do here? I understand what you're saying, Bob, is that we pretty much caught up on the pay plan maintenance part of it, the adjustments. And now you're looking at what we really call is performance, preferred performance, so that we can really discriminate with the people who don't perform well. And the people that don't perform well shouldn't be here. But, I mean, there are those who really perform very, very well and should be rewarded. Page 83 March 9, 1999 So if four and a half or three and a half or three -- I don't know what that number should be. But you're telling us it should be four and a half percent to make it competitive in the marketplace. COMMISSIONER CONSTANTINE: And last year it was four and a half percent. We can say this over and over all day. Last year it was four and a half to have this tremendous catch-up because we were in the hole because we hadn't made an adjustment for years. And now we've made that adjustment and you're telling us we need the exact same amount, and I'm just not buying it. MR. FERNANDEZ: But I think last year left us with not the amount we really should have had for pay for performance. We implemented it late in the year -- COMMISSIONER CONSTANTINE: Yet we had people getting 10, 12, 15 percent increases. Jennifer, how many people -- you said 1,006 people got a pay for performance increase. How many of our employees that worked a full year and were eligible for an increase got a zero percent increase as a result of performance? COMMISSIONER CARTER: Otherwise, did anybody not get a pay increase? MS. EDWARDS: There would have been individuals who did not get a pay increase. COMMISSIONER CONSTANTINE: How many? MS. EDWARDS: I cannot tell you off the top of my head how many. COMMISSIONER CONSTANTINE: You know 1,006 did, but you don't have any idea how many didn't? MS. EDWARDS: I would say 100, possibly. COMMISSIONER NORRIS: So the total number of employees that we're dealing with is 1,106 then, approximately? MS. EDWARDS: Approximately 1,200 employees. COMMISSIONER NORRIS: 1,200 employees, so it would be more like 200 employees. COMMISSIONER CONSTANTINE: Some of these wouldn't be eligible during their first year. MS. EDWARDS: Some of those would not be eligible because they weren't here during the period of time they needed to be here. COMMISSIONER NORRIS: I see. COMMISSIONER CONSTANTINE: It just sounds like we're not doing exactly what we're asking, and that is, we're saying -- we got to recognize there are some employees who perform better than others. Give them more. That's the idea behind pay for performance. But it sounds like if over 1,000 of them are getting those adjustments anyway, and now you're saying we want to put even more into that, that everybody is getting that adjustment. Then if virtually everyone is going to, then let's just do a cost of living increase. And if we're going to do a pay for performance, let's have a actual differentiation between those people -- CHAIRWOMAN MAC'KIE: A real difference. COMMISSIONER CONSTANTINE: -- that are outstanding. Page 84 March 9, 1999 COMMISSIONER CARTER: A real difference, and let's make sure the system is working. COMMISSIONER CONSTANTINE: It sure doesn't sound like we are. MS. EDWARDS: I'll just restate, I guess, what the county administrator has said is that last year we spent most of the money on pay plan maintenance. Because we were able to do it last year, we don't think we'll need as much money for pay plan maintenance this year. And that will then make funds available for pay for performance. Now, keep in mind, though, that we had the caps on pay for performance increases. And then we had about $840,000 available for the pay for performance. And that's what was -- that's why our ranges were from 2.4 or 5 up to 5.5. COMMISSIONER CONSTANTINE: You say that, and yet 1,006 of them got those. So perhaps, you know, that number, could vary from zero to eight, is no different than two and a half to five and a half. You still get the same average in there. And you could truly reward those who are at eight percent, and you could recognize there are probably some people who, for their lack of performance, don't deserve an increase that year. But it doesn't sound like we're doing that. Again, we haven't reached -- you haven't convinced me that four and a half percent is necessary again this year. If we could get consensus from the board and move on with a lot of other stuff. COMMISSIONER NORRIS: Unless somebody's got something new to add. I mean, we're sitting here making the same argument over and over and over. CHAIRWOMAN MAC'KIE: My policy is, I want a pay -- that this year, there should be pay for performance and minimal, if any, maintenance. I want you to have an adequate pay for performance budget to be able to adequately reward those top performing employees so that their only reward for being outstanding doesn't have to be going to Wilson-Miller. Maybe we could keep some of them. That would be a good thing. However, I don't want there to be any general cost of living maintenance, whatever you want to call it. I don't know what that number is that you need. COMMISSIONER NORRIS: Well, let's pick one, because Mr. Smykowski has got to have one. Let's pick three and a half. COMMISSIONER CARTER: Well, how about your suggestion, Commissioner Norris, is three and a half percent, I'll could go with that. COMMISSIONER BERRY: I'll go with three and a half. COMMISSIONER NORRIS: There's three. Let's move. Next item. CHAIRWOMAN MAC'KIE: That's a policy. MR. SMYKOWSKI: That moves us to Page 8 with the new proposed budget policies for fiscal year 2000. The first of which relates to grant funds. CHAIRWOMAN MAC'KIE: Now we get to the hard part, the new stuff. All right. MR. SMYKOWSKI: Indeed. The grant funds positions. In the past, grant funding for a position expired and the position was recommended Page 85 March 9, 1999 for -- to be continued in the general operating budget. It was included in the current service portion. COMMISSIONER CONSTANTINE: This will now show as an expanded service. MR. SMYKOWSKI: That is correct. COMMISSIONER NORRIS: Agreed. CHAIRWOMAN MAC'KIE: That's a good thing. COMMISSIONER BERRY: It will now show as an expanded? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: From now on. MR. SMYKOWSKI: That is a change. COMMISSIONER BERRY: Is that going to be for all areas in government? MR. SMYKOWSKI: Yes. CHAIRWOMAN MAC'KIE: Sheriff's Office? MR. SMYKOWSKI: Yes. And the county administrator and I have met with the sheriff personally to discuss an outline in the budget policy and this was specifically identified as a new proposed policy. COMMISSIONER BERRY: Because we've always asked when they've gotten grants, and they've always said, well, those will always be included in the future budget. MR. SMYKOWSKI: That's correct. And I think it will make that budget a little more understandable. The next item relates to external operating and capital project funding requests. COMMISSIONER NORRIS: Agree. MR. SMYKOWSKI: Obviously, we'd like to see those in the context of the framework of the budget process, competing against other priorities -- COMMISSIONER CONSTANTINE: Second. MR. SMYKOWSKI: -- other projects. CHAIRWOMAN MAC'KIE: Except for emergencies. I mean, Building A, what will be -- we would not have been able to discuss Building A, if we had this policy this year. MR. FERNANDEZ: That was funded. CHAIRWOMAN MAC'KIE: It was funded this year? COMMISSIONER CONSTANTINE: Yes. MR. FERNANDEZ: The rental expense was funded. CHAIRWOMAN MAC'KIE: Okay. MR. SMYKOWSKI: This policy is specifically related as well to external. So you're not getting hit willy-nilly once a month for a new program, a new capital project throughout the course of a year. CHAIRWOMAN MAC'KIE: Well, it makes it really important then, for example, I'm interested in finding capital money for median beautification. Unless it's in this budget, it can't happen next year. If it's -- as far as capital. I mean, so that -- what that tells us is, we can't talk about it, if somebody comes up with a good idea in the middle of the year. COMMISSIONER CONSTANTINE: We can, but I hope we're not capping capital reserves for flowers in the middle of the year. Page 86 March 9, 1999 CHAIRWOMAN MAC'KIE: Not capital reserves but capital projects. COMMISSIONER CONSTANTINE: I know, but it would have to be reserved since it is a non-budgeted item. CHAIRWOMAN MAC'KIE: What if it's coming out of MSTB capitals? MR. FERNANDEZ: It should still be part of the process we go through to compare the different requests we're receiving at the same point in time and make decisions about priorities. CHAIRWOMAN MAC'KIE: I guess what worries me about this is, I hear from people in the public that a lot of things happen that we don't even know about, you know, that people come in with ideas and they get told go away, we can't do anything for you this year. And that happens because we make these broad policy statements that we're not going to look at it unless we look at it -- COMMISSIONER CONSTANTINE: This is just good planning. CHAIRWOMAN MAC'KIE: It is good planning. Okay. Next one. COMMISSIONER NORRIS: This is the Richard Woodruff policy that we're going to. CHAIRWOMAN MAC'KIE: Well, this is one that I hope that whoever's covering this for the Naples Daily News can tell both halves of the story this time instead of just the bad news, because there are two pieces to this story. Mr. Smykowski? MR. SMYKOWSKI: That is correct. This is a major policy issue in this year's proposed policy. It involves the appropriateness of the distribution of costs between the general fund, which is paid on a county-wide basis, versus costs in the unincorporated area general fund, which obviously impacts those residents that do not live within an incorporated city. And this whole issue was really spawned during the transition of services and problems encountered during the transition of services to the City of Marco Island. As a result, we evaluated internally the distribution of services between those two funds. The results that we are bringing forward today as a policy, as a proposed policy, focus on parks and recreation, natural resources, and the sheriff's budget. And the recommended policy would allocate 100 percent of the sheriff's budget to the general fund and shift the bulk of parks and natural resources budgets to the incorporated general funds. And we feel there's some good logic behind that. On the top of Page 9, specifically the sheriff's budget, the distribution of costs between the general funds and the unincorporated area of general fund is the result of a court order following a 1980 report on dual taxation. As a result of that court order, the Immokalee, Marco Island, and Everglades substation costs have traditionally been funded in the unincorporated area general funds. CHAIRWOMAN MAC'KIE: Which three, Immokalee? MR. SMYKOWSKI: Immokalee, Marco Island and Everglades City. CHAIRWOMAN MAC'KIE: Thank you. MR. SMYKOWSKI: Frankly, the Everglades City issue is an anomaly, because obviously, they are an incorporated city. Those costs of that Page 87 March 9, 1999 substation are borne by the unincorporated area of residents. They are not paying for the cost of that substation. That's been kind of a long-standing oddity resulting from that dual taxation settlement agreement. In addition, the issue with Marco Island, we first broached the issue approximately one year ago in the budget policy discussion requesting a payment for sheriff's service, because as a result of their incorporation, their residents would no longer be paying into the unincorporated general fund for those -- for those sheriff services. And that was resolved, finally, as you're well aware, in January of this year. So essentially, it took 10 months, and the settlement amount was less than originally requested by approximately a quarter of a million dollars. CHAIRWOMAN MAC'KIE: So that now what staff is proposing is that next year, if Marco Island is ready to provide their own police protection, we tell them just kidding, we're going to make you pay for the county general fund police protection anyway, in addition to your own. MR. SMYKOWSKI: But if they are providing their own municipal force, obviously the sheriff needs to provide the full complement of service that he's providing this year, should decrease. COMMISSIONER CONSTANTINE: What rings for me is when that whole debate was going on the past few months, the sheriff has said on any number of times that he had a constitutional responsibility to provide service to all parts of the county, regardless, and that he fully intends to uphold that responsibility. And if that's true, then all parts of the county need to share in that expense. So this makes perfect sense. CHAIRWOMAN MAC'KIE: If in fact -- well, part of my challenge to the sheriff will be to quantify for me what he's doing in the City of Naples, and I don't think he's going to want to do that. COMMISSIONER CONSTANTINE: I think that's a fair challenge. MR. SMYKOWSKI: On a net cost basis, that would result in just slightly above six million dollars being shifted from the unincorporated general funds to the general funds. As part of this whole analysis we did internally, we recognize that there was a change in the parks and level of service in that community park -- the deed to the community park on Marco Island was provided to the city and the city is currently providing recreational programming and parks maintenance at a level desired and approved by their City Council. So the county is no longer in the business of providing community park services and amenities in the incorporated cities. COMMISSIONER NORRIS: I have a question. MR. SMYKOWSKI: Yes. COMMISSIONER NORRIS: Since we formed the unincorporated area of general fund under court order, how do we go about not doing that now? CHAIRWOMAN MAC'KIE: What a good question. MR. SMYKOWSKI: Mr. Weigel has a short -- that's where this whole interim analysis before that took place. We had discussions with Mr. Page 88 March 9, 1999 Weigel as to the legal latitude to make changes to that. In addition, there have been changes -- the case law has evolved since that 1980 settlement agreement, identifying that sheriff's services indeed have been found and upheld in the courts to be of county-wide benefit. With that, I'll let Mr. Weigel -- CHAIRWOMAN MAC'KIE: Did the court retain jurisdiction over that order? MR. WEIGEL: It's been a little while since I looked at that, but I will say -- CHAIRWOMAN MAC'KIE: The answer is yes. MR. WEIGEL: -- that it's not a difficult thing to go beyond the settlement agreement that was adopted in 1980. It was actually in place for one year with the duty of the parties to look at it to see if it would be applicable or could be applicable later years. In the case law that's developed in the mid-1980's, it has now been shown without question that sheriff's services, if shown to go into or even be near the city, it's very easy to show that there is a benefit to the city, and therefore, a general application of the costs of sheriff's services can be applied to municipalities that receive a benefit. There's no legal requirement for there to be the same kind of benefit to one particular territory or area in the county as with a municipality, but merely that there be some benefit. And I think that we find ourselves factually and legally in the record before this commission showing that there is a service provided to all of the municipalities, and that there's really no question that there is a benefit of the sheriff's services to the municipalities in that way. CHAIRWOMAN MAC'KIE: David, I think the question, though, was in light of the fact that this was a court-ordered negotiated settlement, if the parties don't agree to amend the settlement, unless the judge orders a change to the settlement, how can one be implemented? MR. WEIGEL: My answer was that I don't think that it's problematical. It's not something that was -- that the settlement itself -- again, I haven't looked at it in the last couple of weeks or so. But the fact is, is that it's not a mechanical or a judicial problem to change that, to change the arrangements that exist. Every budget year is a new year. CHAIRWOMAN MAC'KIE: You said two things, it's not a what or a judicial? MR. WEIGEL: It's not -- it's -- what did I just say? CHAIRWOMAN MAC'KIE: Mechanical? MR. WEIGEL: It's not a mechanical problem to break out from what's been a consensual agreement for several years. It's essentially a consensual agreement. CHAIRWOMAN MAC'KIE: One party can change their mind and force that on the others? MR. WEIGEL: Well, our budget process is our own budget process. And the fact is, is the contention was the 1979 and 1980 budgets and not the 1999 budget. Page 89 March 9, 1999 CHAIRWOMAN MAC'KIE: I wonder if we might find ourselves back in court on that question. Do you think we might? MR. WEIGEL: We can find ourselves in court very easily, but I don't see any kind of court problem for the county, quite frankly. COMMISSIONER CONSTANTINE: That's the more important question, though. We can find ourselves in court on anything. But can we find ourselves in an undefensible position if we are in court? MR. WEIGEL: Absolutely not. COMMISSIONER NORRIS: Can we figure out some way to move along? CHAIRWOMAN MAC'KIE: Well, we can. COMMISSIONER CONSTANTINE: Are there -- we're just looking for consensus on policy here. Are there three? COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: I think there are probably four. Dr. Woodruff, having been here all day, I'd like to pause and hear from him on this point. Do we have other public speakers on this point so far? MR. FERNANDEZ: Dr. Woodruff is the only speaker on this item. COMMISSIONER NORRIS: Just to clarify, you did not -- CHAIRWOMAN MAC'KIE: I oppose that change. COMMISSIONER NORRIS: So do I. MR. WEIGEL: Have you established -- I'm sorry. CHAIRWOMAN MAC'KIE: Please go ahead, Dr. Woodruff. DR. WOODRUFF: Richard Woodruff, City Manager for the city. Point of clarification. Have you just adopted this as your policy? COMMISSIONER NORRIS: Yes. DR. WOODRUFF: The comments that I'd like to make to the county commission are really, I think, brief and I'll try to make them to the point. First of all, it has never been the position of the City of Naples that we do not believe that the city should fund some portion of the sheriff's budget. The dilemma that you find yourself in at this point, we understand, maybe incorrectly, but we understand that it is caused because of the new creation or the creation of a new municipality. The question that concerns us, though, is that in solving a problem that has been created by an unincorporated area becoming incorporated, what are the implications to the other incorporated area of the city -- of the county, meaning the City of Naples, and what are going to be the millage implications. I apologize that we have not analyzed this to a great degree. We've had the same document that you have had, so we have conducted some analysis. Our analysis, which may be flawed, tells us that if you move all of the sheriff's budget from the unincorporated and incorporated current mix to only a county-wide general fund, that what that means is that the City of Marco will now pay some share of the sheriff's expenses. What it also says, in our analysis, is that you're going to be -- that you're going to be paying the $800,000 shortfall based upon the Page 90 March 9, 1999 full assessed value of the county. What that further says to us is that since the city makes up some six or so billion of that, that the city taxpayer is suddenly going to step in, and whereas your goal is to recover the 800,000 that was lost because Marco Island incorporated, where you're collecting that now is 550 to 575,000 of that shortfall created for Marco is now going to be paid out of the taxpayers of the City of Naples. We think that is grossly unfair. COMMISSIONER NORRIS: I think your numbers are off a little bit, frankly. DR. WOODRUFF: Well, they may be. Even if it is one dollar -- COMMISSIONER NORRIS: Your principle is right, but I think -- DR. WOODRUFF: I mean, that's the concept that we have difficulty with, is that we recognize that you have an obligation to work with the sheriff to provide reasonable budgets. Likewise, we have been paying for that. When Marco creates a problem, though, the City of Naples should not be asked to step in the gap. The other thing that I would say to you, and I certainly honor your legal counsel's advice a moment ago, the court order was a settlement of parties. And I think that for the board to establish a policy of this magnitude without giving the courtesy to your counterparts, the City Council, for your staff to come and explain to that in detail or for you not to even request them to come and have a joint meeting before you make. that policy decision where we have a joint agreement. Now, there's no question it was for a one-year period. But there's also no question that it's supposed to be reviewed annually by the parties, i.e, just as the city made an error a year or so ago relative to matters with the beach ends. You came to us and said, wait a second, guys, we have always worked that it was not a unilateral issue, that the beaches are everybody's assets. The county commission and the city renewed their commitment that any time there was going to be a policy change on the beach ends, both groups would look at that. And that's really the three points I wanted to make to you today is, number one, we would request respectfully that you give us a joint meeting before you adopt this portion of your policy. Number two, that we are opposed to any county-wide tax that goes back and modifies that settlement agreement unless we concur in that modification. And then the third point being that the analysis that we've done says you solved the problem with Marco Island becoming a city by funding the people who were not part of that act. We weren't in that play. We were sitting on the sidelines. And yet our admission ticket just went up. So we respectfully request for you to please give us those courtesies, not adopt this policy today. CHAIRWOMAN MAC'KIE: I would just ask if the board would please consider doing that, even though I'm opposed to the policy. I had asked Mr. Fernandez to send staff, and I was certainly going to go and participate to -- out of courtesy to the City Council, make a presentation to them about this proposed change. Understandably, Mr. Fernandez thought that was inappropriate to do unless he at least Page 91 March 9, 1999 tested the waters of this board. But I would hope that just out of courtesy and communication and not -- sort of the golden rule here, that we would hold this one policy pending that kind of a communication. Commissioner Norris? COMMISSIONER NORRIS: Well, I don't have any objection to holding a meeting with them. I think we -- unless we reconsider, the policy has been set. CHAIRWOMAN MAC'KIE: Well, it can be reconsidered. COMMISSIONER NORRIS: Even though the City Council, as Dr. Woodruff pointed out, unilaterally made a policy change on the beach ends that was detrimental to the county, and even though they excluded county residents from the airport authority without any consultation with us, I think, even though they feel like the county shouldn't be involved in their decisions, I don't have any objection to allowing them to at least have a meeting and a voice in our decisions. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Well, ultimately the voice in our decision is these five voices. But I don't know that in a realistic time frame, particularly considering some other workshops we have scheduled and all, that we're going to get the seven city councilors and the five of us and all the appropriate staff -- CHAIRWOMAN MAC'KIE: With staff. COMMISSIONER CONSTANTINE: -- sat down. That's where I'm going with this. But I don't think it's out of the ordinary at all to ask our staff to communicate clearly with the council and with yourself and make as much of that information as possible. And, you know, as we go through the process, there's nothing to prohibit us from making changes in the process, but I think Mr. Smykowski needs to know what the general policies of the board are today so he can go and start putting the budget together. And I think that you need to understand that it's bigger than the City of Naples and the City of Marco Island. When we look long-term, there are several community development districts in Collier County that will come up for an incorporation vote. And it's not that farfetched to assume that some of those will choose to incorporate. So if we start having Lely Resort and Fiddler's Creek and Pelican Marsh and all these cities and we didn't have this policy in place, you would have a hodgepodge of who is paying for sheriff's deputies and who is not. And so while -~ as what Mr. Weigel said, what may have been appropriate in 1979, may not be what's appropriate in 1999, and certainly I don't think will be appropriate in 2009, if you have four or five or a half a dozen cities here. That's clearly not in the best interest of the public at all to try to have whatever is left to pay for sheriff's services. DR. WOODRUFF: One of the things -- as you will recall, this is obviously not a new topic. I believe, Commissioner Norris, it was two years ago that we talked about how to fund the sheriff's budget. Maybe it was three years ago. Time goes by quickly when you're having fun and staying busy. But one of the things that the City Council did Page 92 March 9, 1999 also ask me to pass on to you is they are very, very willing to support the creation of a study committee to look at how do we fund the sheriff's budget on the long-term. The basis that we talked about three years ago of setting up a baseline budget that would be funded by everyone and then increases to that would be funded by MSTD's or U's, we still feel that's a fair way to do it. Just as the City of Naples has chosen to have its own police department to cover the increase in service, and just as Pelican Bay as agreed to set up an MSTD or U to cover their increase in service, we believe that is the fair way to do it, have everyone county-wide fund a baseline budget, then all increases for patrol beyond that would be some type of special district. Obviously that's a matter that you would have to settle. We do appreciate your curtesy. COMMISSIONER CONSTANTINE: The only flaw in that is the sheriff is telling us everything that everything he provides right now is the base level of service. From what I think you and I mean by that is different from what the sheriff means with that. DR. WOODRUFF: I think you're right. COMMISSIONER CONSTANTINE: I think we might find ourselves in Tallahassee several years in a row on budget issues. I don't mind exploring that, but I think the sheriff and his people need to be a part of that discussion. And let's not pursue something that if he's not interested that makes it very hard to make that a reality. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I think I have something that could speak to the third point that Dr. Woodruff brought up. CHAIRWOMAN MAC'KIE: All right. MR. FERNANDEZ: And that is the point about the equity issue with respect to the funding of sheriff's services for Marco Island. CHAIRWOMAN MAC'KIE: Solving their problem on the -- MR. FERNANDEZ: And the spreading of that cost to the rest of the taxpayers in the county. The note there on the -- near the bottom of Page 10 indicates that the analysis excludes 800,000 received from the Marco Island expense. CHAIRWOMAN MAC'KIE: No, he means the other 800. The 800 that they didn't pay. We needed about a million-six from them. MR. FERNANDEZ: The 800 -~ if I understood, the 800,000 expenditure for those services is not included in this analysis. Is that correct, Mr. Smykowski? MR. SMYKOWSKI: That's correct. MR. FERNANDEZ: So the cost to provide that service for next year CHAIRWOMAN MAC'KIE: Or half of that service. COMMISSIONER CONSTANTINE: No, it was 1.2. It wasn't 1.6. CHAIRWOMAN MAC'KIE: I thought it was 1.5. MR. FERNANDEZ: We ended up defining that number to be 800,000 as a compromised number. What I'm saying is, that $800,000 number is not in the budget of the sheriff's -- in this analysis. So it's assuming that it won't be in there. Page 93 March 9, 1999 CHAIRWOMAN MAC'KIE: Mr. Weigel, if -- I've got to make this point one more time or maybe more clearly. If the county had, for example, settled our dispute with the Lely guardhouse, if we had entered into a settlement agreement with all the parties there, and that had been blessed by a judge, as it normally would be, would you advise us that 20 years from now the county could just unilaterally change its mind? MR. WEIGEL: Absolutely not. But it's a totally different arrangement. Because there we're talking about a static set of facts and a static -- you might call it a static judgment. But the 1979-'80 case was involving a particular budget year, and it did not involve a ruling of the courts of the legal abilities of the parties. And I do want to state that I'm not trying to make a policy statement, I was merely trying to tell you what the legal landscape is right now in regard to the issues of sheriff's services and municipalities. CHAIRWOMAN MAC'KIE: Would the three people who supported this be willing to make it a tenuous support, just so that when this -- when the group goes and makes a presentation to City Council, we could just say that the County Commission has tentatively adopted this as their policy and wants to make this presentation to you before it's a final policy? COMMISSIONER BERRY: I have another concern because one of the cities here represented happens to be in my district, and I don't know -- do you know what their current millage is that's being levied down there? I don't, offhand. And I just want to know what this policy decision is going to mean to them because I know their -- they were pretty close to their cap. CHAIRWOMAN MAC'KIE: I thought they were capped. I thought they were at their cap. MR. SMYKOWSKI: Seven and change or low 80's. COMMISSIONER BERRY: We don't know what impact this would have as far as how it would affect their millage? I -- CHAIRWOMAN MAC'KIE: They're probably going to want a presentation. COMMISSIONER BERRY: Yeah, exactly my point. That's what I'm getting to. That I think they need to be made aware of this if they are getting close to their cap on their millage. MR. SMYKOWSKI: The net change as proposed. The summary of that is on Page 10 of the executive summary. It's .038 mil. COMMISSIONER CONSTANTINE: Three-one-hundredths of a mil. MR. FERNANDEZ: But it's that portion of the millage that's independent of the city's millage. This is the county's millage. The city has 10 mils capacity and the county has 10 mils capacity. The county has another 10 mils capacity in the MSTU, in the unincorporated area. The millage figure that Mike was quoting in the range of seven or eight for Everglades City is their municipal millage. COMMISSIONER BERRY: Is the city's, okay. Page 94 March 9, 1999 MR. FERNANDEZ: Is the city's millage. What we're talking about here, the impact on the county's millage that those residents pay as well. They pay a county millage and they pay a city millage. DR. WOODRUFF: Mr. Fernandez, let me just ask a question. It is a correct statement that everyone, regardless of where you reside in Collier County, if this is adopted and implemented as proposed, everyone's millage will go up .038 mils? MR. FERNANDEZ: That's correct. MR. SMYKOWSKI: For the county-wide millage, yes. DR. WOODRUFF: And that's the point that we're making. COMMISSIONER NORRIS: In the general funds. DR. WOODRUFF: In the general funds. MR. SMYKOWSKI: That's correct. MR. FERNANDEZ: It does not impact the City of Everglades City millage cap, is what the question was. COMMISSIONER BERRY: Okay. MR. FERNANDEZ: It does not impact that. DR. WOODRUFF: But what it does mean is that every taxpayer of the City of Naples is going to have to pay more to solve a problem that was not created by the City of Naples. COMMISSIONER CONSTANTINE: And so isn't everybody outside the City of Naples, I think is the point. DR. WOODRUFF: Not -- COMMISSIONER CONSTANTINE: You just said it's not all going to go up. COMMISSIONER BERRY: Yeah, if it's all going to go up .038, then we're all going to be paying for this. Right, Richard? COMMISSIONER CONSTANTINE: Madam Chair, I appreciate your passion on the argument, but there are several items here I haven't agreed with, but we have moved on. And we have a majority consensus, perhaps it is time to move on. DR. WOODRUFF: Thank you for your courtesy. CHAIRWOMAN MAC'KIE: And is there also consensus that we'll make a presentation to the City Council staff, staff presentation? COMMISSIONER CONSTANTINE: That's fine. COMMISSIONER CARTER: I don't have a problem with that, and I respect Dr. Woodruff and his position and his request for us to even look further yet in another way to fund all of this in the future. But I agree, we need to move on. And then we could have the meeting with the City of Naples to explain our position. CHAIRWOMAN MAC'KIE: And the good news is, we are making a change for the better in Parks and Rec and Natural Resources, and that's sort of the other side of the story that I wish would get some ink. MR. SMYKOWSKI: That's correct. One of the analysis we undertook was just looking at moving the sheriff's budget to the general fund with no corresponding shift of resources out of the general fund. And had we done that, the $3.80 would have been $28.29. So I think that we have compromised internally, for lack of a better term. Page 95 March 9, 1999 COMMISSIONER CONSTANTINE: And it's a fair policy. I mean, it's a good one. We are not -- MR. SMYKOWSKI: Right. COMMISSIONER CONSTANTINE: They're setting their own level of service for parks and things, and we shouldn't be charging them for that. DR. WOODRUFF: I apologize for giving a parting word, but I would like to do that. If you were sitting today and you were saying to us that the expansion of the parks and recreation budget is going to match the expansion of the sheriff's budget over the next number of years, then I would say that your comment has some validity. But when you and I have both heard the sheriff say that he's currently 124 deputies short and that that's just at today's growth and it needs to expand, what you're really saying to me, if I may use this in maybe too blunt of a way, we got a static budget over here and we've got a budget that's expanding and we want to move the shells, we have difficulty with that. But we do appreciate your authority and we do appreciate the courtesies on the issue. COMMISSIONER CONSTANTINE: Dr. Woodruff, once again, I suspect you and I -- I know I certainly do disagree with the sheriff's numbers there. So I understand your argument, but I don't know that in reality that's going to be true. DR. WOODRUFF: Well, not meaning a slam at Don. He does a good job. I'm very glad that you're the ones that adopt his budget, not the sheriff. Thank you. CHAIRWOMAN MAC'KIE: Okay. So we have a consensus there. We could move on to the rural urban service level of distinction. MR. SMYKOWSKI: Great. This is kind of a follow-up to the recent strategic planning session with the board where a discussion focused on establishing service level of standards, especially in consideration of urban and rural areas of the county. And as a policy, we're recommending over the course of the next year that we'll develop service standards distinguishing between urban and rural. And in the context of that, where appropriate, possible, we would also like to consolidate the number of MSTU's that we currently have in place. COMMISSIONER CONSTANTINE: Agreed. COMMISSIONER CARTER: Agreed. COMMISSIONER NORRIS: No objection. CHAIRWOMAN MAC'KIE: Okay. Moving on. MR. SMYKOWSKI: The other item, very quickly, we haven't had a formal policy regarding median maintenance, dedicated funding source for same through the annual budget process. The practice has been to fund median maintenance from the road MSTD's. Our recommendation is just adopting, recognizing the informal policy and making it a formal policy that that is the appropriate funding source for maintenance, median maintenance. CHAIRWOMAN MAC'KIE: My only comment on this one is to ask my fellow commissioners to be open. I know that you're going to be -- Page 96 March 9, 1999 being lobbied by Naples Scape and other organizations to consider also including the capital -- the matching dollars that when we can't get grant money, that the MSTD's be available as a budget source for the capital match for the installation of the beautification and landscaping. And I think that makes a lot of sense, frankly, because the areas then that are most proximate to the beautification are taxed for it. So I know that they're working on that and you'll be seeing that, so -- COMMISSIONER CARTER: Commissioner Mac'Kie, I have been presented that, and it's a very compelling argument that they have for it. And it looks good to me on the surface. And I think we're going in the right direction. MR. SMYKOWSKI: Next item relates to capital maintenance. On an annual basis, you typically see a -- COMMISSIONER CONSTANTINE: Agree with your recommendation. COMMISSIONER NORRIS: Agreed. CHAIRWOMAN MAC'KIE: Agreed. Budget calendar. MR. SMYKOWSKI: Budget calendar. Yes, we have to set a number of dates. CHAIRWOMAN MAC'KIE: Those are fine. COMMISSIONER CONSTANTINE: The question was, we had talked about August 3rd as doing that. I know you want to accommodate Abe and leave us a little bit of free time. Commissioner Berry, did you have a conflict on the 27th if we move the August 3rd meeting? COMMISSIONER BERRY: (Nods head affirmatively.) COMMISSIONER CONSTANTINE: I'd hate to have only four commissioners here for that. It doesn't make any difference to me. But if one of us isn't here, I'd just as soon keep it August 3rd. COMMISSIONER CARTER: Does that work for you, Commissioner Berry? COMMISSIONER BERRY: August 3rd does. CHAIRWOMAN MAC'KIE: 27th doesn't? COMMISSIONER BERRY: Uh-uh. CHAIRWOMAN MAC'KIE: August 3rd works for me. COMMISSIONER CARTER: Works for me. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: All I ask is that the board be understanding. We'll make every effort to meet the deadline. And we'll put some plans into place so that we can turn it around as quickly as possible. But there may be some need for understanding on the board's part if, in fact, we are not able to meet it. COMMISSIONER CONSTANTINE: I agree. COMMISSIONER BERRY: Can he be understanding? COMMISSIONER CARTER: At this time of the day, we can be very understanding. CHAIRWOMAN MAC'KIE: Okay. Anything else that we need to talk about in the budget policies, or have we covered it? Page 97 March 9, 1999 MR. SMYKOWSKI: One item, Page 15, at the top, it shows the EMS budget -- not the EMS budget, but the fee support component versus the general fund support component of the EMS. Over time the general fund support has outpaced the fee revenue generated. Within the context of this year's budget development, we're looking at changing policies to reflect the cost of providing that service. And a -- with fee recommendations to be included in the county administrator's recommended budget to you all. CHAIRWOMAN MAC'KIE: So we're going to charge them more than Medicare pays? MR. SMYKOWSKI: Yes. CHAIRWOMAN MAC'KIE: Medicare is always what the number was, right? MR. SMYKOWSKI: Yes, that has been the recent policy, yes. COMMISSIONER CONSTANTINE: I assume we're adjusting in accordance with the Medicare annual adjustment as well. I don't know what it is now. But each year for two or three years, we've bumped that. MR. SMYKOWSKI: Yes. CHAIRWOMAN MAC'KIE: But with this policy we would have a fee over and above the Medicare payment to EMS. MR. SMYKOWSKI: That is correct. COMMISSIONER CONSTANTINE: Do we know how much about? MR. SMYKOWSKI: Not at this point. I wouldn't hazard a guess. MR. FERNANDEZ: Madam Chairwoman, this would also consider a reconsideration of policies where we would be charging in areas where we currently do not charge at all. CHAIRWOMAN MAC'KIE: What does that mean? MR. FERNANDEZ: For example, Medicare will reimburse for oxygen, and we do not currently charge for oxygen. CHAIRWOMAN MAC'KIE: Well, we should certainly charge. MR. FERNANDEZ: So there should be an oxygen charge. We currently do not charge for calls where a service is rendered but transport does not take place. We'd like to consider a charge, some charge, for the cause of that nature. CHAIRWOMAN MAC'KIE: Medicare pays such a charge? MR. FERNANDEZ: I don't know whether Medicare would pay that or not. COMMISSIONER CONSTANTINE: I would prefer that we not have to do this. However, I realize that gap seems to be stretching between what we're paying on ad valorem. It's probably fair to ask those people who are using the service to make up the difference rather than everybody there. And it's not a big -- I don't think we're going to end up with a huge gap. You are not looking at doubling the price or anything. CHAIRWOMAN MAC,KIE: I mean, is it 50 bucks they're going to pay, or 200 bucks? MR. SMYKOWSKI: The current rate is $300. Maybe 330, 350, you know. CHAIRWOMAN MAC'KIE: So they may have to be 50 bucks out of pocket. MR. SMYKOWSKI: Yeah. Page 98 March 9, 1999 COMMISSIONER NORRIS: Let me ask a question, too, on this. What we're really saying is, we're going to tax people's homes to subsidize rides in ambulances for people who need them. What is the objection to trying to be a little more efficient with our expenditures in the EMS department? MR. FERNANDEZ: That is also part of this proposition, to look at ways to be more efficient with our expenditures. CHAIRWOMAN MAC'KIE: Okay. Is there three for this one? COMMISSIONER CONSTANTINE: Regretfully, yes. CHAIRWOMAN MAC'KIE: One, two, three. COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: Sales tax refunding bond debt. MR. SMYKOWSKI: The rest is essentially backed up, just identifying the pieces of the analysis. Page 17 does show that constitutional officer turnbacks have historically been higher than budgeted and projected. As a result, my recommendation would be we need to look at what the historical average has been and ratchet those up a bit so that we get an accurate revenue picture as possible. CHAIRWOMAN MAC'KIE: Because otherwise we're taxing people for money we don't spend. MR. SMYKOWSKI: That's absolutely correct. CHAIRWOMAN MAC'KIE: Okay. Anything else on this? MR. SMYKOWSKI: No. CHAIRWOMAN MAC'KIE: Okay. MR. SMYKOWSKI: Thank you. I know this is a difficult subject to tackle with a lot of components to it, and I appreciate your indulgence and patience in going through it. CHAIRWOMAN MAC'KIE: As we do your expertise. COMMISSIONER NORRIS: Let's move on to the afternoon agenda. CHAIRWOMAN MAC'KIE: You know, a pattern is developing here that we start our afternoon agenda at 3:00. Mr. Fernandez? MR. FERNANDEZ: To clarify the record, can we consider that a component by component approval to be approval by the board of the budget policy? CHAIRWOMAN MAC'KIE: Yes. Any objection, board members? None. MR. FERNANDEZ: Thank you. Page 99 March 9, 1999 Item #12B1 ORDINANCE 99-20, PETITION PUD-98-17, BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING JAMES GORMAN, REQUESTING A REZONE FROM .A" RURAL AGRICULTURE TO .PUD. PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WHITTENBERG ESTATES PUD FOR A MAXIMUM OF 114 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE, CONSISTING OF 37+/- ACRES - ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: Okay. Whittenberg Estates PUD. Would all persons wishing to be heard on this matter, please stand, raise your right hand and be sworn by the court reporter. COMMISSIONER BERRY: Madam Chairman, I'm going to have to abstain from this vote, as stated previously two weeks ago or whenever it was heard, for the same reason that I stated at that time, which is a conflict of business. COMMISSIONER CONSTANTINE: Before we go too far, is Mr. Kant available? CHAIRWOMAN MAC'KIE: Apparently we're going to want him. If somebody could call him. COMMISSIONER CONSTANTINE: Is Mr. Kant available? I'm going to have some transportation questions. CHAIRWOMAN MAC'KIE: If your arms are not too achy, if you will raise them again, our court reporter will swear you in. (Speaker was duly sworn.) COMMISSIONER CONSTANTINE: Let me see if I can streamline this, Madam Chairman. CHAIRWOMAN MAC'KIE: Any disclosure? COMMISSIONER CONSTANTINE: Oh, all kinds. I've talked to everybody involved. CHAIRWOMAN MAC'KIE: I've talked to a lot of people on both sides. COMMISSIONER NORRIS: I've talked to people. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: Same disclosure. Thank you. Streamline. COMMISSIONER CONSTANTINE: Last week -- the only real issue of contention two weeks ago -- I'm sorry, the only real issue of contention was the access issue with the folks at Whittenberg. And what I think was an accurate and genuine concern as far as they had a gated community. The access was shown to be inside those gates. They went back and met. And I believe Mr. Foley is going to tell us that they have come up with an alternative access directly off Davis and that our transportation people are agreeing with that. And that there would be -- would have to install -- they would have to install a turn lane coming out of there, I think, and Whittenberg to accommodate the short distance between those. And if you can confirm that, then really the only question I'll have left is with Mr. Kant in making Page 100 March 9, 1999 sure he's comfortable with our friends at the state because Davis is a state road, are going to be okay with it. MR. FOLEY: For the record, Blair Foley representing the petitioner. All that you have stated is correct. We have met with the homeowners and have agreed to delete the interconnect and have an access point directly to Davis Boulevard. We -- I want to offer into the record a revised site plan that would show the identification of the new roadway, if I may, please. CHAIRWOMAN MAC'KIE: Give it to Mr. Weigel. He'll get it in the record. I think that we are looking at one on our viewer. Staff supports this change? MR. FOLEY: If I may, could I complete my -- CHAIRWOMAN MAC'KIE: I'm sorry. MR. FOLEY: I don't mean to jump in. But we have aligned this roadway as far to the east as possible, adjacent to the DOT drainage canal and the pond that they have added for the widening of Davis Boulevard. The access point, I think, will achieve what the residents want. However, it's not a county roadway and there are certain spacing requirements that the DOT would like to see. 430 foot is a spacing requirement on a roadway such as Davis Boulevard. However, this design is approximately 275 feet. In recent cases like this, the DOT has agreed to reduce their requirements in order to provide access to the property. They will not commit until final plans are submitted. But they have conceptually supported the idea. I would be happy to answer any questions, and the owner is here as well. CHAIRWOMAN MAC'KIE: Do we know if the DOT is going to buy into this? MR. FOLEY: Pardon me? CHAIRWOMAN MAC'KIE: Do we know if the DOT is going to buy it? MR. FOLEY: I spoke to the DOT. And they -- we've worked on another project just down the street from this. And they said we would encourage you to work with the homeowners. We don't want to have a reduction in our distance. We went to the homeowners, same situation as this project. And they said okay, we'll have to reduce our requirements. And that has been their workings all along. They have to provide access to the site. They can't say no. And he's landlocked, if you don't give him access. CHAIRWOMAN MAC'KIE: It's not legally landlocked, because you have a right, but -- COMMISSIONER CARTER: I'm hearing that they conceptually agree, but no one has said we agree. MR. FOLEY: That's correct. They will not agree until the final design is submitted. The DOT conceptually will, but until the roadway is designed and the construction plans are completed. CHAIRWOMAN MAC'KIE: If they say no, what happens to your PUD? COMMISSIONER CONSTANTINE: I guess you need to come back here. MR. FOLEY: That's exactly right. Page 101 March 9, 1999 COMMISSIONER NORRIS: Is there any objection to giving the court reporter a break while we wait for Mr. Kant? MR. FOLEY: He'll support my suggestions, but you are welcome to wait for him. COMMISSIONER CONSTANTINE: I've heard the same thing. And my only question was DOT. And I think we've actually answered our own question and that is, if we pass this and it's going to go through and they have an objection, the petitioner has no choice but to come back to this forum. It's not like they can do something on their own, anyway, so -- COMMISSIONER NORRIS: I move to close the public hearing. CHAIRWOMAN MAC'KIE: Well, we have two registered speakers. MR. FERNANDEZ: The two speakers are Scott Bonham and Robert Monahan. CHAIRWOMAN MAC'KIE: If you would come forward so we can move it, we would appreciate that. MR. BONEAM: Good afternoon. My name is Scott Bonham. I have one point that I would like to make and that is that the water retention area, which is there, which is in the problem area, if you will, is controlled by the Department of Transportation. They certainly can go -- you know, go down the other margin of the property if they need to with an access road. The only thing about what's been said here that bothers me is coming back. If DOT gets their back up, then we're going to have to go through this routine all over again. I don't see a reason for that, as long as we can point out the DOT -- that is, the county can point out to them that it is their water retention area. COMMISSIONER CONSTANTINE: Mr. Weigel, does this need four votes? MR. WEIGEL: Yes, it does. COMMISSIONER CONSTANTINE: Scott, I can tell you, I'm not going to agree to what was proposed originally now or if it ever comes back. So if it comes back, we're still going to have to find a way to have access off Davis. So I realize if that happens to be more than a couple of years from now, it could be somebody else. But I think in the short-term what they're looking to do is move and develop this reasonably soon. So either they're going to get along with DOT or they're not. But I think that's the fairest way for us to go forward, and to make sure that at least if there is any problem and from what Mr. Foley has said -- and I've never known him to be anything but honorable -- that this hasn't been a problem on other very similar projects he's worked on in the same area, so -- MR. BONHAM: I'm sure everything Mr. Foley has represented is true, so far as he knows. My point is only that we could save time and convince the state, if you will, the DOT, that there is another way to get it other than if they say no to the 275-foot distance between the entrances, that we have an alternative right there, a proposition to them. CHAIRWOMAN MAC'KIE: That would not be the original proposition, but would be moving your gate back and doing it through the -- Page 102 March 9, 1999 COMMISSIONER CONSTANTINE: No, I think you're suggesting -- see, on here there's the water retention area. I think he's suggesting that it would be moved that way, it would be moved to the east. MR. BONHAM: To go to the east with the access up against Glen Eagle, used to be Embassy Woods. CHAIRWOMAN MAC'KIE: Okay. Thank, sir. MR. BONHAM: I thank you all very much. CHAIRWOMAN MAC'KIE: Next speaker. MR. FERNANDEZ: Next speaker is Robert Monahan. CHAIRWOMAN MAC'KIE: And Mr. Kant, we're going to have a question or two for you. Stay close. MR. MONAHAN: Madam Chairperson, my comments will be brief. I'd like to thank especially Mr. Constantine for his time. He's been very generous with us in working with members of the community, and I just wanted to let you know we appreciate it. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Mr. Kant? COMMISSIONER CONSTANTINE: My question was just -- and I think we're all assuming this now, but if for some reason FDOT says no to 275 feet or 300 feet, or whatever it ends up being, it's too short, it doesn't meet our requirements, the process then requires the developer to come back here before they can do anything. They can't randomly pick another access. Is that correct? MR. KANT: Not necessarily. For the record, Edward Kant, Transportation Services Director. Two issues: First of all, we were going to suggest, and I mentioned this to Mr. Foley, who does not appear to have a problem with it, that if you're going to provide a recommendation or if you are going to vote on approval, that it be conditioned on either the issuance of an FDOT permit or a notice of intent to issue, many times they won't actually issue the permit until they know that all of the other I's have been dotted and T's have been crossed. But they will give a letter of intent. And we would like to see that as one of the conditions of approval. However, in answer to your first question, if they were to come up -- let's assume for a moment that as has been suggested, the driveway be moved further to the east, as long as they could move that driveway and get approval, and again, this may be a planning issue that we are required to come here, but from the engineering point of view, we wouldn't require it, no. COMMISSIONER CONSTANTINE: They could not, however, amend the PUD -- they couldn't get a PUD, they couldn't alter it if their PUD showed access onto Davis, they couldn't alter it to go back through Whittenberg without coming back in front of this board. MR. KANT: I believe that would have to come back here, yes, sir. COMMISSIONER CONSTANTINE: Okay. That's really my concern. If you guys ended up moving it a little bit more to the east to accommodate DOT, I don't think any of us care. I don't think the homeowners care. Page 103 March 9, 1999 MR. FOLEY: And I would just want to make a clear point, that if there's any objection, we would like to come back to this board for final review. If it stays off Davis Boulevard, fine. Because I think everybody here agrees with that. CHAIRWOMAN MAC'KIE: If there's no further objection, I'll close the public hearing on this. COMMISSIONER CONSTANTINE: I'll move to approve with the amended -- with the changes between the last two weeks. I'm sorry, I wasn't very clear. MS. MURRAY: Madam Chairman, would that be with Mr. Kant's stipulation? COMMISSIONER NORRIS: That would be conditioned upon a letter of intent or a permit for access on Davis Boulevard by the FDOT. COMMISSIONER CONSTANTINE: That's fine. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion passes 4-0. How about a 15-minute break? We'll be back at 3:15. (Recess.) CHAIRWOMAN MAC'KIE: Call the meeting back to order, and note for the record that the only difference between a five-minute break and a fifteen-minute break is that we get back on time when we call it a fifteen-minute break; otherwise, we are 10 minutes late. COMMISSIONER NORRIS: I thought you were going to say 10 minutes. CHAIRWOMAN MAC'KIE: No, that's not it. COMMISSIONER BERRY: Well, you got three back here. Page 104 :ORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,ST NAME--FIRST NAME--MIDDLE NAME HA, hIE OF BOARD, COUNCIL, COMMISSION, AUTHOIt, JT~ OR COMMITTEE Berry, Barbara B. Collier County CommissionHA ~ILING ADDRESS THE 8OARD, COUNCIL, COMMISSION, AUTHORITY, WHICH I SERVE IS A UNIT OF.'. ' 3301 F.. Tam~am~ T~a~l ~ - CI'I Y :~{COUNTY !; OTHER LOC'A[ AGENCY ' ..'. TT COUNTY NAKIE OF POLITICAL 5UBDIVI~IOI~ Napl'e~ Collier - Cot 1 ier County ~TE ON WHICH VOfE CK'CURRED MY POSITION IS: March 9, 1999 ;~ ELECTIVE :: APPOINTIVE. WHO MUST Ffl. E FORM 8B This form is for use by any person serving at the county, city, or o;hcr local level of government on an appointee; or dected board, council. commission, authority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented with a voting conflict of interest und,.-r Section 112.3143, Florida Statutes. The requirements of this law are mandatory;, although the use of this particular form is not required by law, you are encouraged to use it in ma'king the disclosure zcquircd by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary graay depending on who%her you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. :.,.:.-: INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.~143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN f~m voting on a mcasure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a governfnent agency') by whom he is retained. - In either case., you should disclose the conflict: PRIOR TO THE X;OTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the measure'on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording. the minutes of the meeting, who Should incorporate the form in the minutes. " APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from kriowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. :. A person holding an appoin. tive local office otherwise may participate in a ~atter in which he has a conflict of interest, but must disclose the nature of the conllict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. ' IF YOU INTEND TO .',lAKE ANY ATTEMPT TO II~IFLUEN. CE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · ~bu should complete and file this form (before making any attempt to influence the decision) with the person responsible for rr, ording the minutes of the meeting. who will incorporate the form in the minutes. · A copy of the form should be provided immediately |o the other members of the agcncy. · The form should bc read publicly at the meeting prior to consideration of the matter 'i~ which you have a conflit1 of intercsL March 9, 1999 Item #12B2 PETITION R-98-10, AMIN FARAH, REPRESENTING RAIDA HAMDAN, REQUESTING A REZONE FROM "C-4" TO -"C-5" FOR A GROCERY STORE AND BUS STOP FOR PROPERTY LOCATED AT THE CORNER OF BOSTON AVENUE AND FIRST STREET (C.R. 846), FURTHER DESCRIBED AS LOTS 11 AND 12, BLOCK 1, CARSON,S SUBDIVISION, CONSISTING OF i +/- ACRE - TABLED~ TO BE BROUGHT BACK IN JUNE AS A CONDITIONAL USE CHAIRWOMAN MAC'KIE: ***So we're going forward and we're at Item 12(B)(2), which is the Immokalee grocery store and bus stop. Will all persons wishing to be heard on this matter, please stand and raise your right hand and be sworn by the court reporter. (All speakers were duly sworn.) COMMISSIONER NORRIS: As just one more commissioner, close the public hearing. CHAIRWOMAN MAC'KIE: Any disclosure on this item? I have none. COMMISSIONER BERRY: I have none. CHAIRWOMAN MAC'KIE: Does this take four votes? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Get somebody, would you? MS. MURRAY: Would you like me to begin? CHAIRWOMAN MAC'KIE: Why is it not on the summary agenda? MS. MURRAY: Susan Murray, current planning. It's not on the summary agenda because the Planning Commission unanimously recommended denial and staff has also recommended denial. CHAIRWOMAN MAC'KIE: Why? MS. MURRAY: Basically it's inconsistent with the Immokalee area master plan in that it has a commerce center mixed use land use classification, which is more related to general commercial, residential and employment center type of land uses, versus the commercial district land use classification which would be more applicable to a C-5 zoning district, which encourages transient lodging facilities and highway commercial uses which serves the needs of the traveling public. The desire of the petitioner is to rezone the C-5 to have a bus stop. If you look on the map on the video visualizer, you will see the subject property in pink and the surrounding properties in yellow are all zoned C-4. COMMISSIONER CONSTANTINE: Commissioner Berry, are you okay with this? COMMISSIONER BERRY: I'm going to be honest with you, I have not had any correspondence on this, which kind of concerns me. CHAIRWOMAN MAC'KIE: It's unanimously recommended for denial by Planning Commission and recommended for denial by staff, which I don't frankly understand why. I mean, I hear what you are saying but -- COMMISSIONER CONSTANTINE: Over there. CHAIRWOMAN MAC'KIE: Yes, ma'am. Ms. Student has something that she wants to say. Page 105 March 9, 1999 MS. STUDENT: Yes, Marjorie Student, Assistant County Attorney for the record. I believe, Commissioners, you have heard testimony today that this fezone would be inconsistent with the Immokalee master plan. We have state statute that requires that all development orders must be consistent with our comp. plan. And Ms. Murray can correct me if I'm wrong, but our Immokalee master plan is part of that and that, I believe, is the reason for the denial. CHAIRWOMAN MAC'KIE: So if we wanted to support this petition, it could pass but it would require comp. plan amendment. In other words, we don't really even have jurisdiction to approve it today? MS. MURRAY: That's what I understand. That's correct. CHAIRWOMAN MAC'KIE: Well, then, how does it get this far? MS. STUDENT: You would be in violation of state law. CHAIRWOMAN MAC'KIE: How did it get this far, guys? MS. MURRAY: I did meet with the petitioner prior to him even applying. I did discourage him strongly, saying that staff would be recommending denial. He certainly has a right to apply, and he chose to exercise his option. CHAIRWOMAN MAC'KIE: Okay. Shall we hear from the petitioner? MR. FARAH: Yes. My name is Amin Farah and I'm here to represent the First Stop, which is the grocery store in Immokalee. Actually, we're really interested more not to rezone it, it's just to have a five-minute bus stop twice a day. That's all we're really interested in. And that's the only reason we come out here to petition this place. CHAIRWOMAN MAC'KIE: Did you consider doing a comp. plan amendment at the same time as you did your rezone application? Because then it would be consistent. MR. FARAH: No, we didn't. Because I really didn't know much. And like I talked to her, Susan. She came up to the store. And I talked to Gary. Gary didn't know that much about it. Gary, the zoning guy. And I talked to her and all she could tell me is, all you have to do is apply. And she brought me the application to the store and says this is the application, we recommend you don't try. I said, this town runs seasonal and this bus stop helps us a lot, and I'm going to take a chance and try. And that's all she did for me, gave me the application and left. CHAIRWOMAN MAC'KIE: Now our attorney tells us we can't approve it. MS. MURRAY: I do want to put on the record that this gentleman does sell bus tickets at his store. And this is permitted under the C-4 zoning classification, if he wishes to intensify that use to actually allow a bus terminal. I personally explored the options and went to the site, reviewed everything prior to meeting with him, and strongly discouraged him not to apply for the reasons I stated. COMMISSIONER CARTER: So today they sell bus tickets there, the bus stops and people get on and off of it. Page 106 March 9, 1999 MS. MURRAY: The bus does not stop at the store. If it does, it's doing so illegally. He is permitted to sell tickets under the current zoning designation as C-4. COMMISSIONER CARTER: Where does the bus stop in Immokalee? MR. FARAH: It stops in front of the store, on the side of it. But I do have an occupational license to sell the tickets. I went and got one of those. And they told me as long as I'm doing this, the bus can stop there until we see what happens. And I went down to the communities and talked to a lot of the communities and they support me behind it. I have 457 signatures that people support. I have letters from Guadalupe Services, from churches, from -- CHAIRWOMAN MAC'KIE: There's no doubt there's a need for the bus to stop there. As little as I know about Immokalee, that's how it needs to work. I don't want to turn this down and send you away because of bureaucratic, you know, snafu. But could we continue this pending a comp. plan amendment or could we -- somebody give me creative ideas. Commissioner Berry? COMMISSIONER BERRY: I don't know that I've got any creative ideas, but I think that this is another example of the kinds of problems that we run into in the Immokalee area from time to time regarding zonings and some of the different uses and things like that that exist over there. Some things date back many, many years. In other words, it's just the way things were done. And trying to -- you know, on the other hand, if you're going to have the rules, you know, how far do you bend the rules to make them work? I am -- I feel, I guess, Commissioner Mac'Kie, very similar to what you feel in terms of it would be nice to let him do this. On the other hand, if we had this comp. plan amendment, then it's clean, okay, there's not a problem with it. It's not that we want to say to you, you can't do this, we don't think you should do it. And I understand the seasonable kinds of activity that you're talking about. MR. FARAH: See, Immokalee, I mean, I have like one bus twice a day. But if you do come back to Immokalee, Immokalee is nothing but buses. Every morning there's hundreds of buses where people go to work. All these farmers get on buses. So everywhere you go there is nothing but buses. COMMISSIONER NORRIS: Yeah, but none of that matters. MR. FARAH: Right, I understand. But what I'm saying is what matters is me here right now. All I'm asking is for a five-minute bus stop twice a day. That's all I want. COMMISSIONER CARTER: What can we do to fast-track him getting a comp. plan amendment? I know it takes six months. Is there somewhere that he can have a temporary usage? CHAIRWOMAN MAC'KIE: I have one idea. What if we -- we did this once before where we suspended -- we told code enforcement not to go after something while we were pending a change. And this is, you know, important for how Immokalee works. We can't be cutting off the only transportation. Page 107 March 9, 1999 MS. MURP~AY: Perhaps -- Susan Murray again. Perhaps a better alternative would be rather than going through a comp. amendment, because to tell you, quite honestly, I'm not sure that staff could support a comp. plan amendment, given the nature of the area. However, perhaps it would be better if we suspended this petition until perhaps we could amend the Land Development Code to provide for a conditional use in the C-4 zoning district to allow some type of hybrid bus stop. COMMISSIONER CONSTANTINE: By suspending, does it work better if he withdraws the item? COMMISSIONER NORRIS: You could table it for an indefinite period. MS. MURRAY: You could just continue it indefinitely and bring it back. COMMISSION NORRIS: And that way it wouldn't cost him another fee. CHAIRWOMAN MAC'KIE: I would love to hear a motion to table this item pending -- COMMISSIONER BERRY: Let's table it until we can get the details worked out on this other issue with the Land Development Code. MS. MURRAY: Which would occur roughly in June. COMMISSIONER BERRY: Okay. COMMISSIONER NORRIS: Let me say why I would like to see it as a conditional use, because if you rezone this to C-5, it's the same old problem we have always run into, that any C-5 uses are allowed and that's not what we want to do. COMMISSIONER BERRY: That's not what we're trying to do. COMMISSIONER CARTER: That's great. The Land Development Code gives us a conditional use, takes care of his problem, our problem, everybody wins. MS. MURRAY: Well, actually, you're correct. I guess I misspoke. Probably the better way to do this would be a rezoning action would not be necessary if it was a conditional use. So now he's going to have to come back for a conditional use. CHAIRWOMAN MAC'KIE: Could we let this fee apply toward that fee? MS. MURRAY: Absolutely. I don't think there would be a problem at all. CHAIRWOMAN MAC'KIE: Okay. Is there a motion to table under those conditions? COMMISSIONER BERRY: I did. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Close the public hearing. I apologize. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: So it's tabled. Mr. Fernandez, I would encourage you to have your staff come up with those creative ideas before it goes through this much of a process. Page 108 March 9, 1999 Item #12B3 ORDINANCE 99-21, RE PUD 98-22, GEORGE L. VARNADOE, ESQ., OF YOUNG VAN ASSENDERP & VARNADOE, P.A., REPRESENTING CLYDE C. QUINBY, TRUSTEE, REQUESTING A REZONE FROM "A" AGRICULTURE TO .PUD. PLANNED UNIT DEVELOPMENT TO BE ENOWN AS IBIS COVE FOR A MIXED USE RESIDENTIAL PROJECT INCLUDING ASSISTED LIVING HOUSING AND COMITY FACILITIES SUCH AS CHURCHES, SCHOOLS, CIVIC AND CULTURAL FACILITIES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF GULF COAST HIGH SCHOOLr CONSISTING OF 96.5+ ACRES - ADOPTED Next, 12(B}(3). The Ibis Cove PUD. COMMISSIONER CONSTANTINE: Any objection to this whatsoever? CHAIRWOMAN MAC'KIE: Well, let's first, if anybody wants to be heard, please stand and raise your right hand and be sworn by the court reporter. (All speakers were duly sworn.) CHAIRWOMAN MAC'KIE: I have disclosure. Just a brief conversation with the petitioner. COMMISSIONER CARTER: Likewise. COMMISSIONER NORRIS: Likewise. COMMISSIONER BERRY: Me, too. COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: Commissioner Constantine had a question about basically how does this come not to be on the summary agenda. MR. NINO: It's not on the summary agenda because there were changes at the last minute that were of a substantive nature and required to be pulled off the summary agenda. COMMISSIONER CONSTANTINE: Is there any objection from staff or from anyone else involved? MR. NINO: There are no objections as it stands at this moment. COMMISSIONER CONSTANTINE: Madam Chairwoman, I move that you close the public hearing and get a motion. CHAIRWOMAN MAC'KIE: Any public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Close public hearing. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #12Cl ORDINANCE 99-22, PROVIDING FOR THE ESTABLISHMENT OF MORE STRINGENT LOCAL ETHICS STANDARDS - ADOPTED WITH CHANGES Oh, good. 12(C)(1). The ethics ordinance. Page 109 March 9, 1999 MR. FERNANDEZ: Madam Chairwoman, before you get to the next one, just to clarify the record, there were changes. I just wanted to be sure the those changes were a matter of record and they're in the record, that the action is accurate. MR. NINO: They're reflected in the PUD document that the board has in their hands. And those changes have to do with elimination of an ALF facility from the -- as a permitted use. CHAIRWOMAN MAC'KIE: Okay. Yes, ma'am. MS. STUDENT: Just one item. That ALF item appeared in the title of the ordinance, and that title was being taken care of accordingly when it was advertised. COMMISSIONER BERRY: It was one of the uses for one of the out-parcels of the property, and I believe that's been removed from that out-parcel. It was incorrectly left in there, I believe. I think that was the issue. CHAIRWOMAN MAC'KIE: Okay. So it's taken care of. COMMISSIONER BERRY: Yeah. MR. ANDERSON: The neighboring property owner who had objections and got them to answer, wants me to state for the record it is the March 4th version of the PUD. Thank you. CHAIRWOMAN MAC'KIE: For the record, you are? MR. ANDERSON: I am Bruce Anderson, representing the petitioner. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Now we're moving on to the ethics ordinance. MR. MANALICH: Good afternoon, Madam Chairwoman, Commissioners. For the record, Ramiro Manalich, Chief Assistant County Attorney. As we commence today, I'd like to pass out to you a strike-through and underlined version of the ordinance, that has some relatively minor changes that I do want to bring to your attention as part of the meeting. And also, some proposed language regarding a topic that you, Madam Chairman, brought up last time, which is the alter ego concept. COMMISSIONER BERRY: Is that a legalese kind of alter ego? CHAIRWOMAN MAC'KIE: Just, I want to put that issue on the table real quick, and the only way I know how to do it is draw a picture. So I'm going to do that real quick. While people are thinking about it, I want you to know what I mean by the alter ego. I'm County Commissioner here. I have a client or partner here. COMMISSIONER CONSTANTINE: Excuse me, can I ask you to use the microphone? COMMISSIONER BERRY: And would you identify yourself for the public record? CHAIRWOMAN MAC'KIE: I am Commissioner Mac'Kie. And I am this here, county commissioner. And I have a client or a partner over here, and so I can't vote on his matters. State law also says that I can't vote on his parent corporation matters or his subsidiaries corporation matters. However, a different situation. I'm the county commissioner. I have a client or a partner here. This client is a Page 110 March 9, 1999 limited partnership, which is how most real estate developments happen in this county. A limited partnership will have one general partner who is basically the developer and have a zillion limited partners who are basically the money. I can vote on -- I can't vote on that guy, because he's my partner or client, but I can vote on this one, if it has the same general partner and new limited partners. I can vote on -- there could be 85 different incarnations of this client who technically changes his name, changes his -- changes the ownership, because the limited partners are the money. But the client is the client or the partner is the partner. I'm looking for some language to make that also a conflict of interest. COMMISSIONER BERRY: So what you're saying is all those fingers that you drew, that that would be a conflict if you did any work for any one of those. CHAIRWOMAN MAC'KIE: Yes, ma'am. That's what I'm hoping to have the board propose, adopt today. MR. MANALICH: However you wish to proceed, Madam Chairman, that is included. But I can, if you wish, for clarification, to simply proceed through the ordinance. There's a couple of strike-throughs and underlines that I'd like you to consider. And move on to this point or do you wish to take this up first? CHAIRWOMAN MAC'KIE: I don't think that people care too much about the strike-throughs and underlines. Generally, the concepts of what we are proposing in this ethics ordinance are -- why don't you just outline those for us as to the gift policy. MR. MANALICH: Real briefly. The ones of substance, return to Page 4 of the material that's been passed out to you, which is the ordinance with the strike-throughs and underlines. At Page 4, Line 3, numbered on the left, you'll see they're underlined in accordance with the subject matter. The purpose of that edition is simply that we want to use to the extent possible the definitions in Chapter 112, which are already defined and for which there are precedence. It says: In accordance to the subject matter, because there are parts of that chapter that have definitions that relate to certain things. For example, it might relate to the definition of relative as to gift, but no as to voting conflicts. So you would refer to the definition in accordance with the topic that you're talking about. Just for clarification. CHAIRWOMAN MAC'KIE: Makes sense. MR. MANALICH: Line 8, it says there, in lobbying shall mean influencing or attempting to influence legislative or a quasi judicial action. I think that's important, because I believe the board is concerned about attempts to influence the quasi judicial boards and not just your board. CHAIRWOMAN MAC'KIE: Certainly. MR. MANALICH: In regards to Page 4, also on Page 4, Line 27, you'll note that I struck through there "reporting" and "prohibited." Reporting was superfluous, because this is just borrowing statutory language for the purposes of the $50 gift rule for lobbyists that you directed at the last meeting. It's just saying that this is only Page 111 March 9, 1999 governing prohibited $50 gifts. But significantly there, and this is a policy choice for you, you'll notice in that title that I've added and by county managerial employees, and members of the county advisory and quasi judicial boards. I need for you to determine today if you wish to extend this prohibition to those individuals, as opposed to just to primarily the board. CHAIRWOMAN MAC'KIE: Do you want to stop and consider that point, Board? COMMISSIONER NORRIS: I think we're kind of getting far afield if we're going to say that people on our advisory boards are not going to be able to accept gifts. I mean, we're asking them to volunteer their time and now we're going to ask them also to be munks in a Monastery. I don't think that's what we need to do. CHAIRWOMAN MAC'KIE: My problem, frankly, Ramiro, if we were to add county managerial employees here, we would be telling them that they can accept up to $50, when in their employee handbook they are told that they can't accept anything. MR. MANALICH: That's a good point. CHAIRWOMAN MAC'KIE: I would love to make it match by saying that we agree that we will live by the same rules that we require our managerial employees to, and that is, zero gift policy. COMMISSIONER CONSTANTINE: I think you might have mentioned that. CHAIRWOMAN MAC'KIE: I mentioned that before, haven't I? But I'm mentioning it again. MR. MANALICH: I would require if you did that, essentially, a change in the human resources policies that already exist as to the employees, anyway. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, you're suggesting that we do not add any of the underlined parts? CHAIRWOMAN MAC'KIE: Assuming that everybody still feels the same as they did about a zero gift policy. MR. MANALICH: Well, remember, in this provision what we're talking about, the only thing you've directed in the last meeting is to lower the lobbyists giving amount to a maximum of $50, from the statutory max amount of $100. COMMISSIONER CONSTANTINE: That's correct. MR. MANALICH: There is not at this time a zero gift rule here. CHAIRWOMAN MAC'KIE: I know. COMMISSIONER CONSTANTINE: That's just Commissioner Mac'Kie. CHAIRWOMAN MAC'KIE: It's not just me, is it, Commissioner Carter? COMMISSIONER CARTER: No. As a general listing, I would like it a zero gift policy, I would like it stated the way it was by the City of Naples. CHAIRWOMAN MAC'KIE: Me, too. COMMISSIONER CARTER: However, I don't have a third vote for that. But I will always maintain that position that I would have preferred that. Page 112 March 9, 1999 MR. MANALICH: I think what I have heard from you now, though, is not to add the language about the advisory boards, county managerial employees. CHAIRWOMAN MAC'KIE: There's consensus on that, I think. COMMISSIONER BERRY: Well, you know, any one of you can take that and do that. CHAIRWOMAN MAC'KIE: I'm doing it. COMMISSIONER BERRY: Been there, done that. Okay? So, you know, to sit here and say that you're prohibited from going in that direction, if you want to choose that direction to go, you can certainly go there. It's not a problem. Been there for some time. Let's go. CHAIRWOMAN MAC'KIE: The problem, though -- COMMISSIONER CONSTANTINE: Can we not have that whole debate again? I think your position is very clear, and your position is very clear. We just happen to disagree. We're still going to be stricter than the state. We're still going to have a good policy in place, and one that we all agree is long overdue. But let's not debate something when we know we're not going to convince anybody any different. I think Commissioner Berry is right, we can all make that choice personally. But let's not start the whole debate all over that we have had for a year and a half. CHAIRWOMAN MAC'KIE: I guess I keep hoping I'm going to be able to change your mind. COMMISSIONER NORRIS: Not likely. CHAIRWOMAN MAC'KIE: I said her. COMMISSIONER BERRY: I was here before many of the rest of you were, so why should I change my mind? MR. MANALICH: Then on Page 5, at Line 4 and Line 23, those would just simply drop out and consistent with your prior direction on the title. CHAIRWOMAN MAC'KIE: All right. MR. MANALICH: Those would drop off. On Page 6, Line 16, we've changed these dates in accordance with communication with the clerk. The whole purpose here is with the clerk working with us to initially give them approximately two weeks to get set up the forms for everyone to register and have everything ready to go. And then people can start registering as lobbyists, starting March 22nd. And then if you turn to the last page, Page 9, Line 2. Consistent with our working with the clerk, we've also changed the effective date of the ordinance to April 12th. And what that will do is that it will give people a chance to be informed of the registration requirement of our lobbyists, also avoid a line from here to wherever of people signing up on the same day the ordinance goes into effect. It gives them time to register and be warned before this takes effect. So those are the changes that I wanted to bring to your attention. CHAIRWOMAN MAC'KIE: Any further comments as far as staff, or should we go to public hearings? Page 113 March 9, 1999 MR. FERNANDEZ: First two public speakers are Pat Clark and Joe Mumaw. MS. CLARK: Good afternoon, Commissioners. I'm Pat Clark, president of the League of Women Voters of Collier County. And speaking for the league, ethics is a very important issue to Collier County citizens. The league has been following this issue for many months now, ever since it first arose, but has been silent on it until just recently. I guess the reason is we have never had a league position on which to base any commentary until just recently. We decided to ask our members the question, just a very simple basic question, does Collier County need an ethics ordinance? And the answer came back, yes. So I'm here today to tell you the local league does have a position in support of a ethics ordinance and I'm here to cheer you on. And good wishes. COMMISSIONER BERRY: Can I ask Mrs. Clark a question? CHAIRWOMAN MAC'KIE: Of course. Ms. Clark? COMMISSIONER BERRY: Ms. Clark, can I ask you a question, please? MS. CLARK: Certainly. COMMISSIONER BERRY: Were the league members aware of the state ordinance? MS. CLARK: Oh, yes. We had a meeting on I think a state -- not an officer but a staff member came down and -- COMMISSIONER BERRY: Came down and spoke with you all? CHAIRWOMAN MAC'KIE: Executive director. MS. CLARK: Yes, and we've been looking. COMMISSIONER BERRY: Okay. MS. CLARK: Is that all? COMMISSIONER BERRY: Yes, thank you. MR. FERNANDEZ: Next speaker is Joe Mumaw and then Douglas Rankin. MR. MUMAW: Good afternoon. Last time I was here, four of you were here and I gave the report on the former chairman of the former ad hoc ethics standards review committee, which no longer exists. And it's from that report that -- partially that this ordinance, draft ordinance, has been submitted. If it was your purpose, as stated, to promote and protect the public's trust in their local government by the drafting of this ordinance, I think you've done an outstanding job. I think it's a wonderful document. I think it goes to serve the purpose for which it's intended. And I compliment the drafters of the bill for doing a very good job. I particularly applaud the application of the Section 8 penalties regarding gifting to cover the givers as well as the receivers of gifts. Also, the Florida statute which covers the code of ethics requires the submittal of reports by both the giver and the receiver of gifts. This is another check and balance in make sure that people understand the ethics law. They understand the limits. And also, determines that there's not too much frequency in a particular avenue. Page 114 March 9, 1999 It is my strong recommendation that this ordinance also include the requirement for timely and accurate reporting with Section 8 penalties applicable for violations of reporting. Also, the ordinance could not cover the biggest problem of all with gifts, and that is, the valuation of certain gifts. An example would be attendance at an event hosted by the principal of a lobbyist. Even though you may only take a cup of coffee at that event, it is my belief, and this is based on cases that I've read that have been decided by the state ethics board, that the cost of the event would be based on the total cost divided by the number of people there. So it's irrespective of what you took. The cost would be determined that way and the giver or you, as the receiver, have no way of knowing what that cost is going to be prior to attending the event. So it's sort of a catch-22. To alleviate that type of problem and to provide a true safety net to the persons covered by the ordinance, I recommend that you take two steps. Number one, I recommend that you delete another zero from the gift amount and get down to an acceptable value of five dollars. I think it's an amount you can live with. The second part of this, when I was employed in industry, whenever it was advantageous for me to attend an official function, my costs were covered by my employer. There are many valid public relations type of appearances expected and required of the political powers to foster and perpetuate an economically feasible and friendly environment. Whenever economically viable entities are created in the county and a significant milestone is celebrated, the opening of a hotel, the ground breaking of a new development, occupancy of a new building, it's extremely important to show the business community and those considering creating businesses in Collier County that the county and its commissioners are business friendly and your attendance at these things are greatly appreciated, and they go to show this. I know it's an imposition to go at night, and things like that, but it's really part of your job description to put this face forward to the business community. In the past, if you had accepted these type of offers and you had gone, that's considered to be a gift. And that could be, if it's above the value that you said, could be a problem. So what I propose in the future is that you attend these events but your cost of these events be paid by the county if it's considered to be an official event. The cost could even come from this pool of money that you're collecting for the $25 lobbyist's registration fee. The problem would be, of course, what is an official event and what is the cost of the event? In industry where there is one COE, there's an independent function that usually reports to the CEO, like the law department or like the ethics department, to keep them out of the influence of people who are obviously higher on the corporate structure. So to this end, I recommend you implement the third part of what we recommended in our -- Page 115 March 9, 1999 CHAIRWOMAN MAC'KIE: That's okay, please go ahead. MR. MUMAW: Thank you. -- of our report, and that is, to establish a three-person citizen review board or panel. And these persons on this panel should be made up of people chosen by you as a county-wide board, based on their qualifications and experience. The panel could handle this issue as an independent agency to determine the value of the event and to pay the bill for the event. Additional duties also could be handled by the panel such as implementation of a hot line to report alleged ethical violations, regular reminders to those who have to issue reports that reports are due, and other ethics related activities. I don't think, and I'm speaking as an individual here, that our committee ever thought to go to retired judges for this panel or to make local opinions on what was an ethical violation or not. That was beyond the scope of, at least what I had in mind, of this panel was more to be administrative in nature, to be made up of volunteers. We have a wealth of talent in this county that we could draw upon. Again, thank you for your time, and congratulations for stepping up to the plate by crafting this significant ethics ordinance. Thank you. CHAIRWOMAN MAC'KIE: Could I ask you a question? MR. MUMAW: Sure. CHAIRWOMAN MAC'KIE: Because I haven't been a big supporter of this three-person panel and I guess maybe because I hadn't understood it. Because I thought it was going to be sort of an interpreter of the rules. Like if I'm deciding whether or not I can take a client in my law practice, I would ask these guys and they would bless it. And frankly, that it is meaningless. Because I could ask the county attorney to bless it and he can give me a good opinion and I can rely on it and if he's wrong, I'm still in trouble. So instead of that, the role of this group would be if I want to know if the county should pay my ticket to go to the Chamber of Commerce banquet, it would come before this group? MR. MUMAW: Is the Chamber of Commerce a lobbyist, a registered lobbyist? CHAIRWOMAN MAC'KIE: I think it should be. MR. MUMAW: For free, or should you go as an official function? The question would be as an official function? Yeah, that would be an independent evaluation outside of the normal county administration advising you on that, yes. COMMISSIONER CARTER: Perhaps what I hear, I think -- and I like the idea -- is that we have a calendar of events that comes in front of us. And if these were deemed by this three-person board that these are helping people celebrate their successes, whether it's either the Chamber or EDC, and they say, yeah, we think this is a good idea for any commissioner who wishes to attend, the money would be paid for out of the lobby fees, without really going after the tax dollars that it is, but we're doing in a way, maybe that's the compromise, so that we could participate in those processes. Because it has troubled me all Page 116 March 9, 1999 along as to when do you draw the line about doing your job. Because I agree with you, there's a lot of events where people have an expectation for us to be there, there's a fee for those events. And, yet, commissioners look and say, do I want to be writing checks for 100 or 150 or 200 or 50 or whatever it is, for 25 different events? Well, you just end up probably either selectively going to those and paying for them, or you don't go to many at all. MR. MUMAW: And the other side is there's events where there's is not a fee, it's just a celebration. And what's the cost of that? You need to determine. You need an independent agency determining that cost to take it out of the purview of -- CHAIRWOMAN MAC'KIE: For example, I went to the opening of the Cleveland Clinic, and I'll tell you, I didn't eat the shrimp, because I thought, I don't know, I'd better not. I had mineral water. But you're telling me that the value of that gift could be the total cost of the deal of the event divided by the number of attendees. Boy, I'd like to have a panel there to help me know if I can go to that or not. COMMISSIONER CONSTANTINE: Well, state statute also reads, however, though, if you are there acting in your official capacity, which particularly in your case, Tim and I were both there as well, but you were actually a speaker at the thing. We were there to cut the ribbon and do their little thing, but you were actually a speaker so you were there in your official capacity so I think that negates any question about how much the cheese costs. CHAIRWOMAN MAC'KIE: I could have eaten the shrimp? COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER NORRIS: Well, our chairman has already pointed out that the flaw in that is -- I appreciate the suggestion, the point is that we could still get advice from that and still get hammered. COMMISSIONER BERRY: That's right. COMMISSIONER NORRIS: And the other thing is, as we all know, a lot of these things come up quickly. You might get an invitation today to go to something tomorrow. You're not going to get that panel to approve that. MR. MANALICH: Commissioners, this may be assistance, just an update to two aspects of this. Once is that in communication with the clerk pursuant to your direction, Madam Chairman, the clerk is willing to work with our office on a different aspect of this, which would be to try to create by the board a resolution in advance of categories of events that would serve a public purpose in attending and for which a budget would perhaps be set up. COMMISSIONER CONSTANTINE: No matter what we do -- and I like the panel idea. You and I have talked about that. But no matter what we do, ultimately the responsibility for whether it's right or wrong, is right here. So we could create all kinds of ways to do that, or we can make some pretty clear cut choices for ourselves. And I think that at some point we have to take that responsibility, and the public every four years judges us on that, how we handle that. CHAIRWOMAN MAC'KIE: Tim, let me tell you, I agree with that, and I said that I'm going to have a zero policy for lobbyists, whether the Page 117 March 9, 1999 board adopts one or not. But the trouble that I have is, frankly, five years ago, when I had a six figure income as a practicing attorney, I had a lot more involvement in the community than I have now with a five figure income as a county commissioner. There's something wrong with that picture. I should be more involved in the community, not less involved. But I can't cut these 200 and 300 dollar checks to go to this stuff anymore. COMMISSIONER BERRY: That's the nature of the business you are in. And that's exactly the position we've been put in, Pam. CHAIRWOMAN MAC'KIE: But I think what I have been discussing with the clerk, is that there may be some categories of events that are legitimate for the county to pay for, for the County Commissioners to go to. And that's what Ramiro was referring to that we may adopt some resolution and put something like that in the budget as we go through the process this year because we shouldn't be isolated to the extent we've become. COMMISSIONER CONSTANTINE: As this ordinance is written, when that $25 fee is collected, where does it go? MR. MANALICH: It goes to the -- as I understand it, in talking with the clerk, to the funds that help defray the cost of administering the registration system. CHAIRWOMAN MAC'KIE: So if we wouldn't have the extra money, we might better make it 50 bucks. MR. MANALICH: Well, I mean, it's hard to say without experience what is going to be generated versus the cost. COMMISSIONER CONSTANTINE: That's my whole point. We have no idea how much money we are going to collect. And we can say, boy, we can pay for 200 or $300 items out of this, but if it's 25 bucks a pop, that takes a dozen lobbyists to pay for you to pay to go to one event. And regardless of whether it's lobbyists' money or anyone else's money, I can read the newspaper now saying, Commissioner So-and-So decided to go to this black tie affair and spent public money. Whether it was lobbyist money or not, it's still public money. And I think that's just going down a dangerous road there as well. MR. MUMAW: That's the purpose of having this independent judgment made on whether it's an official function or not. COMMISSIONER NORRIS: It doesn't help. COMMISSIONER BERRY: It doesn't help. MR. MUMAW: It doesn't help. COMMISSIONER NORRIS: No, sir, it doesn't. COMMISSIONER BERRY: The opinion is then of the three people who make that decision. They come back and say, well, gee, we thought it was all right. But, you know, commissioners, that was a decision you really shouldn't have made. That doesn't make any sense. It's still our responsibility. MR. MUMAW: It's only a gift. You are spending money. It's only a question of should you have gone to the official -- COMMISSIONER BERRY: It doesn't make any difference. MR. MUMAW: It's not an ethical issue. Page 118 March 9, 1999 COMMISSIONER BERRY: It doesn't make any difference. It rests with us entirely. You can have John Q. Public out there that sees us at an event, they don't even have to know whether we paid or didn't pay, and they can file a clause against us. And then next thing, we're in the bottom line of trying to support an attorney to get us off the hook. So what's the alternative? We have two. One, stay home. Two, take your chances and go. MR. MUMAW: If you pay for it, then it's not a gift. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER BERRY: Oh, but you have to prove to them. And in the meantime, you've been crucified in the newspaper because somebody has launched a claim against you. And you have to go out and get an attorney to fight the situation, even though it may well be unfounded. That's the situation we're in right now. It's hell if you do and hell if you don't. You're sitting here, bless your heart on one hand and telling us and trying to help us, say there is some things. And I agree with you. I couldn't agree with you more. But that's not the position we're in now. We're in the position of you'd better be holding a rearview mirror with you everywhere you go. And I'm going probably get chastised for even talking like this, but this is the situation we're in. I mean, it's silly. I was laughing earlier. I went to Immokalee on Saturday to the Harvest Festival over there. Some people, these shirts were given to. I paid for mine. I don't even think they're a lobbyist. I don't care. Do you understand what I'm saying? And I have every bus -- MR. MUMAW: I understand you're in a very tenuous -- COMMISSIONER BERRY: And I had every right to be over there and should be over there. This is my district. It's important to Collier County that we be represented over there. That's my point. And it's as harmless as can be. But this is the point and the place and the position that we're backed into. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, we have other speakers. MR. MUMAW: Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Next speakers are Douglas Rankin and then Bill Morris. MR. RANKIN: Bill's left. He was my replacement in case I wouldn't be here. CHAIRWOMAN MAC'KIE: After Mr. Rankin, we will hear? MR. FERNANDEZ: Earl Marlin. MR. RANKIN: Douglas Rankin. I'm here both for myself individually and for the Collier County Republic and Executive Committee. Fred Hart sends you his greetings, but he's in a trial in Fort Myers. I'll start in a little different than I originally thought about. It is possible for the commissioners, I was hearing about this responsibility being backed on you and the -- this committee not counting for anything. It is possible in this ordinance for you very Page 119 March 9, 1999 easily to write that that opinion would be an absolute defense under this ordinance. CHAIRWOMAN MAC'KIE: But not under the state law. MR. RANKIN: No, but as a practical matter, I believe it would also be a defense there. And if it was between the two amounts, it would definitely be a defense. And for a public relation's standpoint, it would also probably solve some of your problems. But be that as it may, the city has such a matter in their code, by the way. It's in Section 4. It doesn't provide that it's binding, but I believe the way the city operates, it would be for them in their ordinance. They do have interpretations and the like. And I have been talking about with the county attorney about that. Because although that's not the -- the Republican Executive Committee takes no opinion about that part of the ordinance, it was just my personal way of making sure that a good ordinance doesn't get misused by the kind of people you've been talking about here, who are hiding in the corner of the parties. First of all -- now to get back to where I was going. First of all, I want to praise you all for approaching adopting an ordinance like this. And I also want to praise you for that this ordinance contains items that is beyond what the Republican Executive Committee and others ask for, about your lobbyists registration, your post-employment restrictions. I want to praise you in that regard. I'm not going to spend a lot of time on the executive committee zero gift policy, because that's already been discussed for a few minutes here. You know, our proposed ordinance and the city ordinance deal with this quite nicely. Of course, we're only talking about lobbyists. We're not talking about people who are not lobbyists. There is, however, something that I will talk about. The previous speaker, I liked his idea of taking away the zero. However, there is another alternative, though, that I think needs to be looked at. And I brought this to some commissioner's attention. I brought this to the county attorney's attention. The way your ordinance is currently written, it could be $50 quite often. There are a very complex set of rules with the state about how you define what is a continuous gift. And they are very fact based and they're very complex. For instance, in some instances, it could be three meals a day, it could be 150 bucks a day. Or it could be a meal every day. There are other instances, where it could be different time periods. I think the ordinance needs to have a provision in here that says how many times you can accept $50 from the same guy, same guy, gal, whatever, person. CHAIRWOMAN MAC'KIE: Lobbyists. MR. RANKIN: Whatever we're doing nowadays in political correctness. And it needs to be expressed in the number of days, so we don't get into the first of the month, the last of the month, this kind of thing. Because quite frankly, although the Republic Executive Committee is officially, as were two of the commissioners are, at zero gifts. As a practical matter, you know, I'm not worried about Page 120 March 9, 1999 somebody buying somebody for $50 a month or $50 a year or maybe even $50 every two weeks. $50 a day is another matter, you know. And under the rules that the county attorney and I were looking at earlier, it is quite possible under scenarios for you to get $50 a day under this ordinance and under the state law. It depends on what it is, whether it's a parking permit or a meal or a golf, or whatever. This is something that was said. That needs to be addressed. The other thing I found was a little different as I understood was your direction at the previous meeting that I attended, was that this was to apply to all governmental entities in Collier County. And I didn't see where that really is the case in this ordinance, and maybe the county attorney can direct me. I'm a real estate attorney and estate planning attorney, I'm not an expert in this end of the world and the like. That is about the extent of my comments, other than, again, congratulate you. And, you know, as far as the state regulation, I wish there was a way in adopting this ordinance, you could simply make that go away and supplant it by what you are passing. Because it is clear from what's been happening here and other places in the state, the state regulations is a joke at the best. And at the worse, it's a long drawn-out nightmare. CHAIRWOMAN MAC'KIE: Amen to that. Questions for speaker? If not, we'll go to our next speaker. MR. FERNANDEZ: Next speaker is Earl Marlin and then Bill Thiesen. MR. MARLIN: I'm Earl Marlin. I was on the ad hoc ethics standards review committee. And I would like to make it clear that we did not recommend a no gifts idea at any time. The committee was about evenly divided on that. Most of us thought it was -- I mean, I say most of us. There were two on one side, one -- two on the other side, and one undecided. The idea being that we felt it trivialized it, to make them too small. And you're obviously going to have somebody take advantage of it if you make it a five-dollar limit. I personally think 50 is too low. But -- and on the question of the ethics advisory committee, we made it clear that that was advisory only and that they could not bind anyone, and they could only give you an opinion. And if you -~ you would still have to make up your own mind. With that, I have nothing more to say. I thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. Any other speakers? MR. FERNANDEZ: Final speaker is Bill Thiesen. CHAIRWOMAN MAC'KIE: Mr. Thiesen. MR. THIESEN: Good afternoon. First, I want to thank the county and Ramiro for the support that they gave the committee, the ad hoc committee, on ethics. It was a pleasure for me to be a member of this committee, and I really enjoyed being asked to participate. Secondly, I want to make a clarification. I think Earl made it. We did not recommend in our report to the commission that there be a zero basis for gift reception. As he said, there was -- it waffled Page 121 March 9, 1999 back and forth. Sometimes there were two, sometimes three and four -- in opposition to an item. I also would like to state that I did not fully agree with the wording that we were polarized. Polarization means there's a consistent force on one side and a force opposed it. On many issues somebody who was for something, on the next issue they would not come out that way. There was opposition to certain things, yes, but I do not like to feel that I was categorized on a committee that was polarized. I want to thank you again for the opportunity to serve the county and extend my invitation to ask me again on anything in the future. Thank you very much. CHAIRWOMAN MAC'KIE: We appreciate your work, sir, very much. Other speakers? MR. FERNANDEZ: No other speakers. CHAIRWOMAN MAC'KIE: Board members, could I just ask that you review this alter ego voting conflicts language that Ramiro put in front of you, and if there are questions about the theory there -- or is that something that the majority of the board is going to agree with? COMMISSIONER CARTER: I really don't know that much about it, Pam. I understand where you want to go with it. And I do have some questions, though. Is it a slippery slope where you just never know and you can get trapped unintentionally? Just out of pure not knowing. And then you find out later, hey, this person was a part of one of these groups and you were in violation and you didn't know it. CHAIRWOMAN MAC'KIE: Difference being that the items that we get called on to vote on or to make decisions about require applications be filed, and so that when you're sitting here on a Tuesday morning or a Sunday evening looking at your packet -- for example, a land trust has always been an entity that people use for ownership of property. If they didn't especially want everybody to know who the beneficial owners were, you'd have your lawyer take title and trust for the group of investors. But because we need to know whether or not we have a conflict, we require that to be disclosed, the beneficial ownership to be disclosed, in the application process, and that's in our packet. So when you're sitting there Sunday afternoon, you look at it and you know who the owners are, and you can make that determination. Likewise, this would require that kind of disclosure on the application in the application process, so we couldn't get caught unaware. So that we would have that information in our packet. And that's something Ramiro and I briefly discussed because I told him I wanted to bring this up today. COMMISSIONER NORRIS: May I make a comment to you? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER NORRIS: And I understand exactly what you're doing. I think you've got a good idea. But there are some concerns here. And we were just handed this today. I'm not sure, maybe we should leave this for some time in the future. But I think Commissioner Carter's got a good point is that there's a trap here. And I know Page 122 March 9, 1999 you're focusing on land use items. But there are certainly circumstances that could arise outside of land use items. And you may not be aware of any cross-connection with principles, and '- COMMISSIONER CONSTANTINE: Somebody needs a variance for their oil business. CHAIRWOMAN MAC'KIE: They fill it out. It's in the application. COMMISSIONER NORRIS: But you may not know. COMMISSIONER CONSTANTINE: You know, it's Mug Corporation, and you don't know that Joe So-and-So is 25 percent owner. CHAIRWOMAN MAC'KIE: I'm requiring that disclosure. COMMISSIONER NORRIS: Excuse me. A material interest is only five percent ownership. And you might not know that. CHAIRWOMAN MAC'KIE: I wouldn't know it unless it was disclosed in the agenda packet in the application. COMMISSIONER NORRIS: If it's XYZ Corporation coming up for a variance, you're not going to know that. You're not going to get a list of stockholders. CHAIRWOMAN MAC'KIE: I am, if when they make their application. Just like for a land trust, they didn't want to have to disclose who the beneficiaries of the land trust were, but we told them we have to know. So now they disclose that. This would likewise require ownership interest to be disclosed so that we wouldn't have that -- COMMISSIONER CONSTANTINE: So if Mobil Oil comes here -- you know, you roll your eyes, but that's a legitimate thing. If Mobil Oil comes here, are we going to get a list of any stockowner over five percent? CHAIRWOMAN MAC'KIE: No. COMMISSIONER CONSTANTINE: I mean, you're not going to have very many over five percent, but you may have some midrange corporations that you could have a wide spectrum of things that certainly were well known within the corporation. I appreciate where you're trying to go. And what I would suggest is, I think, the same as the others, and that is, let's explore this. We may want to make it something more than five percent. I think the idea of having related business, or as you're calling it, alter ego is an actual one. If somebody owns a company and they own another one, there's still a conflict there, we may want to make that number 50 percent or 40 percent or some other number than five, because then they are clearly involved and clearly have a conflict. If they are a five percent owner, there may or may not be a big portion of that. CHAIRWOMAN MAC,KIE: It depends on -- I'll tell you why I came to that five percent. And again, I'm going to -- I understand if I haven't flushed this issue out thoroughly enough before today for you to be ready. I mean, I've been talking about it. But if I haven't made it clear enough for it to be adopted today, then I haven't. But the reason for a low threshold, for example, again, I'm going to keep using my developer example, because it's the one that I know, often the general partner has no money in the deal, and maybe owns 5 percent, maybe owns even less of the deal. But the general partner is the only one with any control. All the limited partners who have the Page 123 March 9, 1999 significant ownership interest, by their nature, by the nature of a limited partnership interest, can't have control. And therefore, you know, the percentage of ownership may not be the only factor they we need to consider. MR. MANALICH: Madam Chairman? CHAIRWOMAN MAC'KIE: Unless we just simply wanted to put this on the table today in a more thorough -- and I appreciate Ramiro's help. And maybe it's something that can come back as an amendment after we have time to soak it all in. Ramiro and then Mr. Constantine. MR. MANALICH: Merely, if you wish to have any further comments, I can elaborate just a little bit more about this and just give you an idea of what we are dealing with here. Basically -- COMMISSIONER CONSTANTINE: Could I suggest we don't, if we're not going to adopt it today and we know that? Just have that discussion when we have it back in full form. CHAIRWOMAN MAC'KIE: And if the board supports asking the county attorney to bring this back, let's do that. COMMISSIONER CARTER: I support bringing it back. I would like a little more information. Again, I just want to make sure I don't get in a situation where after the fact I find out that I did something that I didn't know that I did wrong. I mean, I didn't mean to do it. Yeah, but you didn't pay attention to this. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: First, Joe, thank you for the compliments on where we're headed here, I think. I appreciate the work you and Phil and Earl did. I think it shows a great deal of seriousness and concern that they are all here. I know the party has done a lot of work on it, too. So we appreciate you following it all the way through. The report that they issued asked for three specific things, recommended three specific things. One is, drafting and the enactment of an ethics code, which obviously we're going to do today. Number two is the misdemeanor penalty provision, which we all are familiar with at this point. And it is doing that. Number three has the advisory panel, which we're not doing. I kind of wish we were. And that was one of the things that I had toyed with almost a year ago, I guess just about a year ago now, as part of the one I had proposed. But what I think is good and significant and warrants some attention is we have gone quite a bit further than what they have recommended. And that is, we are making gift disclosure tighter than the state. We are also defining lobbyists very clearly. Because there are some folks that, I think, each of us very clearly understand as lobbyists that kind of pooh-poohed the idea right now. And there will be no question in their minds. And then having the registration of that. So that it's clear, not only in our minds and in their minds, but in the public as to who is or who isn't. According to Mr. Rankin and some parts of this were also going beyond what the Republican Executive Committee has done. So while I'm sure there are disagreements among us, there are disagreements among Page 124 March 9, 1999 the committee. There are disagreements in the public. I think this is a giant step in the right direction. And one that we've gotten compliments from a few folks, and I appreciate that. But we need to give ourselves some credit and a little criticism for how long perhaps it took us to get here. But give ourselves some credit for putting this in place. I'll make a -- we didn't close the public hearing. CHAIRWOMAN MAC'KIE: I'll close the public hearing. COMMISSIONER CONSTANTINE: I make a motion we approve this item, and also work at a date to be determined. But I'm bringing back the amendment, which would be the alter ego item. COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: I wonder if the motion might also entertain keeping the advisory panel idea alive. That that might come back to us when we see the alter ego, particularly as described this afternoon on advisory opinions on what would be a legitimate expenditure of county funds for our attendance at community events. COMMISSIONER NORRIS: You know, Madam Chairwoman, the problem that I have with that is that the advisory committee has no authority, and by that, I mean, you know, we discussed it several times here this afternoon, they could tell you one thing and that ends up not being correct, and you're the one that takes the blame. I would hate to put three citizens in that position. I can imagine how they would feel if they issued an opinion and that opinion turned out to be contrary to the law, and the receiver, the recipient of that opinion, was punished for it. I just don't think we should do it. MR. MANALICH: Madam Chairman, at this point talking about the advisory panel, we did have some other communication with the Florida Bar in terms of the greater function of the advisory panel. Would you want to hear that now or would you prefer to defer that if we are not CHAIRWOMAN MAC'KIE: I think that -- MR. MANALICH: It will not answer Mr. Norris' point, which is, it will not address his issues of those still being subject to a complaint. COMMISSIONER CONSTANTINE: I'll tell you what, I'm not going to include it in my motion. However, obviously if there's anything we want, any one commissioner or more want to bring back, we have the option to do that. CHAIRWOMAN MAC'KIE: Okay. We have a motion and a second on the floor. Any further discussion? If not, I'll call the question. All say in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. COMMISSIONER CARTER: Madam Chair, I think it's great that we did this. I feel like we've done what we said we were going to do and create a contract with the people. And we have done it. And we will live by it. Item #12C2 Page 125 March 9, 1999 RESOLUTION 99-168, RE PETITION CCSL-99-1, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW DREDGING OF CLAM PASS AND THE CLAM BAY SYSTEM~ PLACEMENT OF BEACH COMPATIBLE MATERIAL ALONG THE BEACHES NORTH AND SOUTH OF CLAM PASS~ AND PLACEMENT OF NON- COMPATIBLE MATERIAL IN CREATED CONTAINMENT BASINS IN THE BACK DUNE AREA NORTH OF CLAM PASS - ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: Okay. Everybody will pat ourselves on the back. And we'll move on to 12(C)(2). Anyway, it is the Clam Pass variance. MS. BURGESON: For the record, Barbara Burgeson, Planning Services. CHAIRWOMAN MAC'KIE: Do we need to swear people on this petition? Mr. Weigel, do we need to swear people on a variance? MR. WEIGEL: Yes, you do. CHAIRWOMAN MAC'KIE: So if you'd like to be heard on this matter, please stand, raise your right hand and be sworn. (All witnesses were duly sworn.) CHAIRWOMAN MAC'KIE: Any disclosure on this item? I have none. COMMISSIONER CONSTANTINE: You want to close the public hearing? CHAIRWOMAN MAC'KIE: Any disclosure? COMMISSIONER NORRIS: I've got disclosure, yeah. I've talked with people. COMMISSIONER BERRY: I have. COMMISSIONER CONSTANTINE: I don't think so. CHAIRWOMAN MAC'KIE: Any public speakers registered to speak? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: We'll close the public hearing. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER BERRY: Second. MS. BURGESON: Excuse me, I wanted to make one change to one of the stipulations. Under No. 10, which requires exotic removal within the conservation easement, we wanted to tighten up that language so it says within 50 feet of the boundary of the project, as opposed to leaving it open. CHAIRWOMAN MAC'KIE: Objections? COMMISSIONER CONSTANTINE: Second amend. COMMISSIONER NORRIS: Motion amends. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 126 MAR RESOLUTION NO,99-. 'i6~,.... PETITION APPROVING WITH 'CONDITIONS PETITION CCSL-99-1, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW 1) DREDGING OF CLAM PASS AND THE CLAM BAY SYSTEM, 2) PLACEMENT OF BEACH COMPATIBLE MATERIAL ALONG THE BEACHES NORTH AND SOUTH OF CLAM PASS AND 3) PLACEMENT OF NON-COMPATIBLE MATERIAL IN CREATED CONTAINMENT BASINS IN THE BACK DUNE AREA NORTH OF CLAM PASS (IN THE COLLIER COUNTY OWNED CONSERVATION AREA), LOCATED WITHIN THE PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTIONS 4,5,8,9,32 & 33, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Jim Ward, of Pelican Bay Services Division, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended to allow 1) dredging of Clam Pass and the Clam Bay system, 2) placement of beach compatible matedal along the beaches north and south of Clam Pass and 3) placement of non-compatible material in created containment basins in the back dune area north of Clam Pass (See Exhibits B,C and D); and WHEREAS, the subject property is located within the Pelican Bay PUD conservation easement, owned by Collier County, and on the adjacent public beaches; and WHEREAS. the proposed activity will extend approximately eighty (80) feet seaward of the CCSL at disposal site 2, one hundred ten (110) feet seaward of the CCSL at disposal site 3 and an additional fifty to one hundred feet more seaward of the CCSL for the dredging of Clam Pass and placement of fill on the beaches north and south of Clam Pass; and WHEREAS, the proposed activity may not be specifically contemplated within the conservation easement, but for the betterment of the entire Clam Pass system the Board may approve this activity; and WHEREAS, the petitioner proposes to mitigate for the removal of 2.7 acres of established native dune/strand vegetation from the areas where the non beach compatible material will be buried (site #2 and site #3), by restoring the area to it's pre- impacted condition or better; and WHEREAS, the petitioner will minimize impacts to the Gopher tortoise population, which exists within disposal sites 2 and 3, by obtaining necessary Gopher tortoise incidental take and relocation .permits from Florida Game and Fresh Water Fish Commission. In addition to that, the petitioner shall provide a relocation/management plan to Collier County Current Planning Environmental Staff for review and approval prior to any proposed impacts to these sites. WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan ~ Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL- 99-1 be approved, subject to the following conditions: 1. All proposed activities shall be conducted in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and the U.S. Army Corps of Engineers (ACOE). 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is cleared of coastal dune/strand vegetation with species appropriate to that specific area (i.e. fore- dune or back dune). A re-vegetation plan shall be submitted to and approved by Collier County Current Planning Environmental Staff, prior to the start of any clearing in disposal sites 2 or 3. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Petitioner shall submit a Gopher tortoise survey and relocation/management plan along with a plan to barricade the work area from Gopher tortoise in the immediate vicinity. This relocation plan (which shall include a requirement that all burrows, with the exception of collapsed or unmistakably abandoned burrows, be excavated for tortoise and comensals) shall be reviewed and approved by 2 HAR 8 9 Collier County Planning Services Environmental Staff, prior to commencing any todoise relocation work. 9. Petitioner shall submit copies of all approved agency permits, or letters from the agency stating that they am not required for this project (i.e. FGFWFC Gopher tortoise incidental take and relocation permits, USACOE permit and required modifications, FDEP permit and required modifications) prior to the beginning of any site work seaward of the CCSL. 10. Petitioner shall remove all exotic vegetation from within 50 feet of the boundary of the project, in accordance with the Collier County Land Development Code Section 3.9.6.6., and shall continue the existing annual maintenance requirement for exotic removal. 11. Approval of this CCSL variance does not obviate the petitioner from obtaining all necessary local permits and development order approvals (i.e. Site Development Plans, Vegetation Removal Permits, Vehicle on the Beach Permits, Sea Turtle permits). 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-1 (including changes in disposal site locations if they cause less environmental impacts) may be approved in writing, by the Planning Services Director or his/her designee. 3 IAR This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this ~'/n(;~ day of~~, 1999. BOARD OF COUNTY COMMISSIONERS ..~;:;~!APPr0veC~=as0Ot~oJrl~orm and Legal H~idi Ashton " Assistant County Attorney ccsl-99-1 RESOLUTION 4 pat,:el of laud In Section 32, T~ship 48 South, ~nge 25 Eaoc, C~11iet .~ortda, d~eribed as foilova: ~lng a~ the iutersect~ou of the hs~ of se~ S~t~ 32 vith the South Rtght of ~8y ~e of Veudetb~C he~h ~ (S.R. ~. S-862); th~ce S~th 00'38'~0' bst, e~ouS the hat ~lne of S~t~u ~, a dLst~e of 9~.9~ feet; thence ~th 89'~'~0" ~est, a dLstance ~f 777.52 to a be~ h the Holthetty ~undaty l~ne of the Pelican hy ~us~at~ thence ~g .MLd ~tther~y boundary ~ne the five (~) c~reee: South 89036t~6*' ~es=, a d~s~ance o~ 93.5~ feet; South 7602~'29" ~es=, · d/stance of 289.33 Sou~ 620~9~33** ~esc, a d~stance o~ ~6.~ feet; South ~003~39'' ~est, a d~stance ef ~3.13 ~eet; Sou~ 39059'~3'* ~est, · distance e~ ~0.~6 fee~ the Foint of Beg~n~ing o~ said parcel; thence S~h 2~0~8~2" ~est departing ~rom sa~d ~unda~ ~ue, a d~tance o~ ~66.30 ~eet to a point on the ~ester~y ~da~ ~ine off sa~d Pelican Bay ~nse~at~on ~ee; thence ~rth ~5*~37" ~est along n~d ~estetly bounda~ l~ne, a dbtauce of ~.60 fleet; thence S~th 630~6'5~*' ~est, a~ong sa~d ~ester~y line, a d~ta~e off 67.87 feet; thence ~h 23023~30'' ~st departing EF~ sa~d ~ester~y boundary lhe, a d~stance o~ ~85.76 ~eec to a point said ~t~y bounda~ ~hence ~ sa~d ~rther~y bo~da~ ~ne the three (3) So~h 360~2'~2' hst, a d~sCance o~ 25.00 ~outh 69'~3~03' hst, a d~stauce ~ ~9.~ feet; ~h 770~7~58'* hat, a d~stance oE 37.86 feet to the Poht o~ Beg~g. 'land s~te, l~ng and berg ~n ~l~er County, pat,:el of laud In Section 32, T~ship 48 South, ~nge 25 Eaoc, C~11iet .~ortda, d~eribed as foilova: ~lng a~ the iutersect~ou of the hs~ of se~ S~t~ 32 vith the South Rtght of ~8y ~e of Veudetb~C he~h ~ (S.R. ~. S-862); th~ce S~th 00'38'~0' bst, e~ouS the hat ~lne of S~t~u ~, a dLst~e of 9~.9~ feet; thence ~th 89'~'~0" ~est, a dLstance ~f 777.52 to a be~ h the Holthetty ~undaty l~ne of the Pelican hy ~us~at~ thence ~g .MLd ~tther~y boundary ~ne the five (~) c~reee: South 89036t~6*' ~es=, a d~s~ance o~ 93.5~ feet; South 7602~'29" ~es=, · d/stance of 289.33 Sou~ 620~9~33** ~esc, a d~stance o~ ~6.~ feet; South ~003~39'' ~est, a d~stance ef ~3.13 ~eet; Sou~ 39059'~3'* ~est, · distance e~ ~0.~6 fee~ the Foint of Beg~n~ing o~ said parcel; thence S~h 2~0~8~2" ~est departing ~rom sa~d ~unda~ ~ue, a d~tance o~ ~66.30 ~eet to a point on the ~ester~y ~da~ ~ine off sa~d Pelican Bay ~nse~at~on ~ee; thence ~rth ~5*~37" ~est along n~d ~estetly bounda~ l~ne, a dbtauce of ~.60 fleet; thence S~th 630~6'5~*' ~est, a~ong sa~d ~ester~y line, a d~ta~e off 67.87 feet; thence ~h 23023~30'' ~st departing EF~ sa~d ~ester~y boundary lhe, a d~stance o~ ~85.76 ~eec to a point said ~t~y bounda~ ~hence ~ sa~d ~rther~y bo~da~ ~ne the three (3) So~h 360~2'~2' hst, a d~sCance o~ 25.00 ~outh 69'~3~03' hst, a d~stauce ~ ~9.~ feet; ~h 770~7~58'* hat, a d~stance oE 37.86 feet to the Poht o~ Beg~g. 'land s~te, l~ng and berg ~n ~l~er County, 000966 OR BOOK PA thence continue Northerly and ~r~s~erly alonl t~ arc of said ~~.e thr~gh a central angle o~ 100~*30" for 4.5A feet to the poin~ of tensely; .. the~e ~t~h 15'31'21" ~est for 265,11 ~eet to the poi~: oC · of a ~$=~Xur nu~e c~sve to the Southvest; t~ce ~tthvester~y along the arc of sa~ cu~e ~v~; for its .~., ~muct a rad~ue of 26.00 feet'and a central angle of 2~'5G'53" for '.'- t:hence ~rt~ 39022*1~w Vest lot 362.&6 ~eet to the incersect~on ,..~ : . t~d Westerly l~e'of ?arce~ 'D"; t~nce continue ~tth 39'22*~" Wes~ for ~.97 feec cumture oEa circlet cu~e concave to the ~rthcast; the~e Horchvester~y and ~tther~y a~on; the ate o~ sa~ c~e hav~Z ~' for ~s e~emencs a tad~ue of 8~.00 [eec and a cencra1 au~e o~ ~0*36'22 for 59.53 feet to the ~ o~ tanKshey; the~e Horch O~*~e08" ~sc ~or ~.26 ~eec ~o sa~d ~esterly Parce~ : thence continue North 01*1~'08' ~st for ~91,~1 feet to the ~int of cu~ature of a circlet cu~e concave to the Southuse ~in; a radius of 8~,00 feet; thence ~rth~sterll alone the arc of said cu~e tbrouZh a central ~nKle of 20~30'19'' for ~0,06 feet to said Westerly l~e of Parcel '~"; ~bence c~Cinue ~hus~erly alonK ~he arc of said c~e ~ ~h~ce c~tnue NorC~s~erly alonK ~he arc of said ~e ~brou~ central ~le of 10'16'35" for 15.06 fee~ co ~he poet o~ c~gency; .. the~e Noah 390~8'3 h f r ~32.69 ~eec to the point of a circular cu~e c~cave to the ~tthves~; thee ~rth~stet~y a~onB the arc o~ sa~d cc~e ~ fot ~ts el~nts a radius of 26.00 ~et and a centr~ anBXe of 25e06*26 feet to t~ po~t of the~e ~r~h ~*~2'~2" ~sc ~or ~75.97 [set to sa~d Wesce;~7 ~ue of Patce~ "D"; thuce continue North ~°~2~2" hat ~ot 99.38 ~eet; thuce ~tch O~0~8~~ West ~or 55.92 feet to sa~d ~ute:~y ~ne -. three continue ~=tb 0~'~S'~9" West for 2~3.~& fee~ ~' cubacure o~ a citcuhr cu~e concave to the ~-. ~ -. '~ . th~ce ~brther~y a~ ~tt~emter~y a~on; the at~ o~ sa~ cu~e hav~K ' "' for it~ ~ent8 a tadLea of 26.00 Eeet and a centra~ u~e o~ '2~'3g'23 · ~.~' .V.~-: V;. :, .'.~h~ce ~tth'26*2a'~e West foe 26~.5S feet to the po~c of cubacure ~'L~/~.?~?~-~?~- :of 'a c~r~sr cu,e coneve to the ~rtheast; ~'. ~: '- ..... . , ;:. 2 of 1~ ~XHIBIT *A= 000966 001852 · OR BOOK q ~ thence Northwesterly, Northerly and ~rtheasterl~ along the are of ~ ~e ~ving for its el~ents n radius o~ ~.00 ~eet a~ a central " an~t ot 3602~'20" ,for 53,3~ feet co the ~oint of , t~e ~t~h X90~7'~6" hs~ foF ~77,9~ feet ~o ~id Ves~er~y Xlne of the~e c~ntinue ~rth 19017'16" hat ~or 3L07 fee~ to u~ j~,..?, ' fee~ ~o the ~tn: of cu~a~ure Gf a circular cu~e e~cav8 to · . ~ r thve; c; -' · th~ce ~rtheasCe~ly aod ~the~ly along the a~c o~ ~id cu~e ~v~g . '.:L ~or its e~eoce a ~ailus .~ 26.00 feet snd a central a~e o~ · -..' 23'~3'46~ ~o~ ~0.77 ~eec co the po~,c ol c~nce ~rc~ 0~*~6'30" ~eec ~o~ 60.37 reec to ia~d Vesce~ l~e Chnce c~t~nue ~o~ch 04'26~0" ~es~ ~o~ ~72.82 th~ce ~o~th 89'00~00" ~sc for 8.~2 ~cet to the ~esCe~y l~ne of said Parcel "~"; th~ce c~t~nue ~ch 89'00~00'' ~st fo~ 20.~2 feet; ch~ce ~th 27~2~34" ~sc departing fr~ sa~d ~escerly ~ghC of. chute North 06°21'14" ~st for 52,20 feet; thnee ~rtb 24°03'11" ~est for 42.20 feet; ~ thee ~rth 22059'58" gest for 50.22 feet= . thmce ~rth 29058'!~" gest for 17.82 feet; thee ~rth 30026~18"' ~est for 50.99 feet; thence ~rth 07~26~04" hat for 20.12 feet; .th~ee ~rth 17~32m15" gest for 36.01 feet; thnee ~rth 00018*41" hst for 18.03 feet; thence ~rth 13°19'18" ~est for 54.27 feet to a pint on the ~rth 1be of ~id Sectioo 9 and the South line of said Section 4, ~id ~iut ~hK South 89e27*~8" ~est a distance of 1281.76 feet from the ~r'.hust comer of the Northvest ooe-quarter (~ ~) of said Section ""~ " " thee continue ~rth ~3019'18" ~est for 5.03 feet; - '-' .... t~ce ~rth 17'06*28" gest for 85.05 feet; .Cj:'~ :..-v..-~.' . ... th~Ce ~rth 18002'53" ~est for 53 .0~ feet; ~ '~ ~ ~~.'.. ', -....--. ,. ' 390~'28' Vest for 11.21 feet Co a point on ~ North · ~...~:~ j'.'~'~-~,-'~ .~ :.._ :.~ -. .., . . .' . :;;.:. ~'~h'~M'26~39~' h~. ~or.'sl.26 feet= . .. , .-. _.. ::; ~.... :', 'OR BOOK PAGE thence North 23'18~11" Welt for ~9,3& her to the Yeaterry ~Shc of line of the Peltca~ h)' lspr~nc District Drainage bse~nt end Wearily Be~ R~Sht of Wsy line; ~ th~ce ~rch 66030'00" West along said Westerly ~iSht of Way line for ... three ~rcb 21'~3'01'* West for 565,12 feet to a po!nt of cubetare "' ~'~ ~.~.ri~ - of a cttculat cu~e concave to the ~tcheast; ~ .: :. the~e Norc~steFly along the are of said cu~e having fo= 1to " 2&,30 feet o c . .: the~e ~tth O5*ZB:dQ'' Wut for 7~2.03 feet to s point of cu~ature of m c~rcuZst cuwe ..,stave to the Southeast; H ~ '~ · three ~rthvesterly, Northerly and ~rtheasterly along t~ are nld cu~e having for its eluencs s radius o~ 8&.00 feet and n central ~e of 51023*~3' for 75.35 feet to a point of~gencyl 'thence North ~6°05e03n ~SC for 383.36 fee= to a point o[ cubacure a circular cu~e concave to the Northvest; ~ ~r E thence ~rtheasterZy along the arc of said curve having ~or ~en~s a radlus of 26.00 fee~ and a central angle of 36005e23' for 16.38 feec to a p~ of tangency; ' thence North 09*SQs~0n ~8t for 276.13 feeC to a polnt o[ ~o[ s circular cu~e concave ~o the West; u ~ VJ thence N~rcheas~erly, ~r~herly and Nor~hvescerZy along the arc of sald cu~e ~v~g for lts elements a radius of 26.00 feet ~d a cencr~ angle of &8*l&*26" fez 21-89 feec to a point of~angency; ~huce North 3801~t~6' West for 236.10 ~ee~ to a ~n= of cubacure of a circular cu~e concave to the Northeast; ~ ~ E th~ce Norc~es~erZy along said cu~e ~vtng fo~ ~ts el~en~s a radius of 8~.00 feec and a central angle of 10'32'~1" for 15.~6 feec to a point of tangencyl thence Notch 270~2*05' ~esc for 390,38 feet to a point of cubsCure : of a circular cu~e concave to the ~rthesst; ~ ~ ~ ~ thence ~rChvescerly sl~g the arc of said cu~e ~vinK for eleen~s a 'radius of 8~.~ feec sad a central angle of 18*39'37" for 27.36 feet Co · poin~ of ~ange~y; ~thence'~Ch 09002'28" Wes~ for 182.37 fee~ to a potnC oE cubscure of s circular cu~e conchs co the Souch~est~ ~ ~ ~ ~ ~ ~ ~ ~ ~*~ ~ th~ce ~rth~sterly along the arc of said cu~e having for elmts a radius of 26.~ feet and a. centrmZ uZle bf 2~006'36" for ~ ~ ~ ~ .~/~" 10.9~ feet to'a ~iut of tanSaucy; Che~e North 33009'~' Uesc for 182,37 feec to ~ potnL of cubacure ~ ~' ~ ~ ~ , ~ ~ ~":.'." '* t~e ~rthwesterly =l~g the arc of nld cu~e hv~g for its elementt ': -,,.,,,. , ,,:: .:'-. ,... ,-: · ,. ~ -, ~:.-.--., . : · ~. · . 000966 00185i 08 8ooK : ~ ' , P) ~t the~e ~rt~ 18'01~3" ~0~ for ~70.Z8 fee~ to · po~t of cu~ature .... '~ of s cfrc~sr eu~e concave to the ?~or~hvesC; ~.~ 'j " C~nce ~rthessterZy along the arc o~ said cu~e having for its e;~mntl , r,diul of ~ felt and l .centrex angle of ' for 7,22.fee= to a point of / ~ ~ ,~, .~ ~;~.I ~J ~r ~' ~ =h,.c, ~r~h 02'06'03" b,c for 386.9~ ~ee~ ~o · poin~ ~ ~ ~ ' . of., ~frc~r eu~e co~.ve 'to the ~ . C.': ',. ' .... :.......';. .'hr St, elneuC8 a rldLuo of 26,~ fee= and , ceutr~ n~, of Z70~2'17" . for 8,~ feec co 8 pain= .of :' . . " thence Xorth ~'36'1A" Weec lot 861.8A feet ~ , ~hC thence ~rth~eSterly, Northerly snd NorcheascerZy sl~g ~ ~.. / ~ said curve having ~or its eZ~encs s radius of 8~.~ feet and ~ ~ ~ t,j ~ ~ central angle of 59*~2'A800 for 87.j~ feet Co a ~c of t~gency; thence ~rch 4~*06"3~' ~SZ for 570,22 ~ ~ ~73 .~ ~ tJ ~t~q'.~ thence ~rch 36037tJ8' ~st for 2~.35 feet; ~hence ~uth 59*~36'* ~esc depa~t~nB [rom said ~este=]y ~Bhc Pelican Bay Zmptove~nt DJsCFict DFa~na~e ~ssent'and ~esterZy thence ~otth 7~0X2'38" ~est ~o~ ~ [eec; thence S~Jth 58*20'37" ~esC ~or 9.A3 ~eec; the~e ~uth 60'35'65" ~}st ~o~ ~6.X2 ~eet; thence South 82030~Z6' ~esc ~or Z22.63 feet; thence ~tth 38036~5~'' ~est for Z55.~ ~eet; thence~tth 30*A6tAO'' ~st ~o~* 20Z.ZO ~eet to a ~nc on the tth Z~ue of sa~d Section ~ au~uth Z~e of ~ld Section 33, said pint be~ni ~Fth 89*~'59" ~est, a d~stance of 2~Z.56 fee~ ~ thence continue ~tth 300~6'~0' ~est ~o~ ].Z.~Z thence ~rth &~050tO0' ~esc for 3~.5~ ~eec; - thenci-~Fth 3005~06** ~elt for 83.~2 ~eeE; -'. thee ~rch ~30Z8'33" hat ~ot 76.38 ~eeE; · ' . ' t~nce ~tth ~8030e20' ~eac for ~9.66 ~eec; ' . '7 , .;: :. ' thence' ~tth 07~05'30'* ~es= for 98.09 ":~;-~m; .' '.' ' ' " · ' ~:7.'.?.'~:.::::.' ... ' .' the~e ~rth 30*~*~5'' ~est fo~ Z~5.~5 feet; '. ':' ;Tc.:;..~-.' -.. '.' - · .. """ ~.~7:~::'s.;}': . . ch~e ~tth Zi'iZ'ZS" Vest for ~e.93 feet; ' ~:---.: ~;~::~;, .-.- ;..:.. ·, . . . . . ..., .... . . . . ,L..;;~;"~-~ :'L:::'-?";'~.- .. .' ' - - ':" ' .~, '~.~?~'~<~L~'5~-r:~'.":-.. .... -.::,.'.: ';', ~:..'.-: · .-.~"~' 7 . ;.~'~ · . ~,-, ' :~': -'. -,' '. · = · . . ,.... I :'.;"-' - ' '- "" :' :" 5 o{ 14 """" ""' :" " 'x' --., -j __ ,.."'__ ~ -.-. -. -..... ~ - . :". '; ': ":'-: .' "h-":-;~:,'~ :? .-: -' - '. · - :. ..-...~..,: .... . OOggS6 6,Ji855 OR BGOh ~a.~r.4T-.' ~qq~ thence North 79'~0'18" West for 31.78 feet Co a point on the West line of Said Section 33 and thn ~ast ll~e of said Section 32, said po~.nt ~eillg :~rttl O0*3a'~O" We~.t, a distance of 1269.07 fee: ~ro2 the Southvest colner of said ~eccion 331 , ~hence ~ontinue ~o~th 79e40~18" ~cst for 109,00 feQ~; thence North 28e5~'' ~est for 79,09 fee~; thence ~orth 77e24~5' West for 203,70 fcet; thence NoTth 06*~3'1Z" West rot 68,O1 ~eet; --thence North 76°27~12' West for 42,73 feet; thence Horth 04°~4'27'' ~ast for l~6,ZS ~e~t; thence North 43°32'29' ~esc for 3OG,~3 ~eet; thence No~h 03=15'Z9'' Sast for 277,93 thence No~th 52°19'~5''West for 26a,96 feet; ~. thence South 89°36'46'' ~est far 93, 5~ feet; thence South 75°21'29'' W~st for 289.33 ~eet; t~enc~ South 62°19'3Y® West for ~6,14 feet; theere Sou~h 44°03'39'' ~es~ for 43.13 feet; i~. thence Sou~h 39°59'13'' West for 40.46 fe~t; thence South 77'47'58" West ~or 37.86 feet; thence North 69°43'03" West for 49.04 feet; thence North 36'52'12" West for 25.00 feet; thence North ~2'28~15'' East fcr 52,15 feet; thence };OLth 40~21'52'' East for 52.50 feet; thence NoTch ~7'47:35" E~st for 33.75 feet, · . thence South ~3'37'15' West for 239.59 feet; thence North 86'29'29" West for 124.10 feet; thence South 15'50'56" West for 60.52 feet; thence South 26°31'12'' East for 219.80 feet; thence South 60e17'38'' East for 56.84 feet; thence Nor:h 64°47'~3'' F,3st for 55.70 feet; thence South 76'33'~8" ~-~st for 35.51 feet; thence North ~3°46'51'' Ea=t for 67.87 feet; - thence South ~5°~'37'' East for 55.6Q feet; thence South O3'27'57" East for 124.24 feet; thence =~uch 28eS2'O7'' East for 322.63 feet; thence South 42'36'04" East for 127.14 feet; 6 of 1~ EXHZBZT "A" 000966 001856 thence 3outh &1'33'19" East f;c zT&.85 feet; thence South 22'19'~6" E~st .'or 173.70 thence South 0~'06'1~" East fer 350.19 thence South O3'52:56'* Kast for A38.72 feet; thence South 44"20'39" West for 23,.63 ~eet; thence South 11"20'C7" Wes~ for 197.68 feet; West for 95.14 feet; East for 76.35 feet; ' West for 0.29 feet to a poin~ on the · tion 32 and the North line of said Section 5, ~ 89°38'59'' West, a dis:ante of 999.11 feet met of s~id Section 32; 01e&2t43" West fo~ 65.67 feet; "Wes~ for 132.37 feet; thence South 12°54'46'' East for 185.06 feet; thenee South ~6°35'44'' Eabt foc 183.16 thence South 19°47'28'' West for 161.45 feet; thence South 26°07'05'' West for 105.&e feet; thence E~.uth 01°05'19'' West for 1~1.9~ feet; thence South 15°06'45'' East for ]36.12 feet; thence South 20"61'41" East for 256.55 feet; Lhence South 18"52'02" East for 202.00 feet; thence South 39'35'38" West for 101.39 feet; thence South 04'66'57" East for 180.37 feet; thence South 29°13'36" ~st foc 126.40 feet; thence South 16'15'39" East for 134.27 feet; thence South 53°05'55'' West ~'or 37.11 feet; thence South 34012'40'' West for 43.18 feet;. thence South 06'05'03" ~est for 31.85 feet; thence North 9U'OC'00" West for approximately 4&O feet to the }fean High Water Line of the Gulf of Mexico; thence proceed Southerly for a~prcx~mately 4543 feet alone said Water Line to the South line of said Section 5 and the North line of said Section 8; thence continue along said Water ~ine for approximately 5262 feet to the South line of said Section 8; thence North 89"30'59" East along said South line of Section 8 for approxima~ely 287 feet to the Southeast corner of said Section 8 and the Southwest corner of said Sectinn 9; 7 of 1~ ~ EXHIBIT "A" · ~ chance North 89*30'59" Ea~c along the for 1178.47 feet to the Point of Baginning. LESS and except therefrom s parcel of land located in ~aid Section South, Range 2~ East, descrtbe~ as Commencing ar =he Northeast corner of the Northwest one- quarter (~ ~ of said Section ~, To~mship ~9 F,~et; rhance North 89°~-8'59'' ~es~, along ~he North line of said Sec;io~ ~, a distance of 26~2.02 fear to the NorChvesc corner of said Section 4 and the Northeast corner of said Section thence continue North 89e38'59' Vest, along said Section ~, a disc·ace of 1283.~7 fear to the inters~c~ion vtrh the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BAC~ ~OOK Pages 13-25; rhcnce Smuthotly alonS said Coastal Cons~roc~ion Control Line follovlng courses: Sou~h lle23s55.5t' East a distance of 1~2.75 feec Co a polnt on the Coastal Construction Control Liner said point bein~ South 38°~9'2~.3" East, a distance of 322.15 feet f~'-~ P.R.~. 6~-78-A-07; thence South 10e39'1~.0'' East, a distance of 1027.72 feet; thence South 08°23'1~-6" East, a distance of 1007.78 fear ro a point, said point being South 86e5~'27'' East, a distance of 68.13 feet from Permanent Reference Nonument thence South 08eUgs~5'' East a distance of ~19.&8 fear Point of Beginning o~ ~he parcel described heroin; thence continue South 05e09'45'' East ·1on& said Control-Line £or 562.00 feet; thence leavtnS said Coastal Construction Control Line, proceed due ~esC for approximately 228 feeC ro the )~ean High ~er Line of The C, ulf of ~extco; thence p~oceed.Northerly along said Heart RISh ~a~er Line for approxicacely 562 feet; thence proceed due East for approximately 225 fear to the Point of Begindang on said Coastal Construction Control Line, ALSO LESS a strip of land located in said Secrlons A and 5, Tornship ~9 South, Range Eas=, Cbllier County, Florida, described as Co~mencing aC the Northeast corner of the Norchges~ one- ~,uarcer (N~ ~) of said Section 4, Township 49 Sou[ft., Range 25 Lhence North 89e38~59'' ~esc, a~on~ the North line of said Section ~', a distance of 26~2.02 feec co the Northvest corner of said Section 4 and the Northeast corner o~ said Section thence continue North 89e3~'59'' ~4est, along the North line of said Section 5, · disc·ace of 1253.A7 feet to the i~.cersecCion bri[h the Florida Department of Natural Resources Coastal Conse. ruc~ion Control Line, as recorded ~sges 13-25~ thence Southerly along saixl Coastal Construction Control Line cbe fellerinS tourseat 8 of ]& EXHIBIT OR eO0~ P~G~ South 11'23'55.5" last a d~stsnce of 1A2.75 feeC to I point on the Coastal Conatructton Control Line, amid point bei~$ South 38'&9'2~.3" Eaet, a diGtaste of 322.15 feet from P.K.H. 6~-78-A-07; thence South 10*39'ZA.0" i~ast, R distance'ol: 1027.72 feet; thence South 08*23'lA.&" ~asC, a dlscance o~ 1007.78 ~nt, sa~ po~gc be~nS South 86'5~'27" ~sc, a ~st,nce ~,Z3 ~eet ~=om ~emne~c ~e~etence ~numeat 'chance Sogth ~*09f~5" ~st I distance of 6~9.85 feec to ~he hint o~ SeSi~nin] o~ laid strip, said strtp being 20 ~eec vl~e, the North boundary begs[ 15 feet North of and parallel vi~h the follovini d~scribed line and the South boundary being 5 feec South or and parallel rich the sam described line; Chence ~rth 6)'52'56' hat a distance of 9,61 feet; thence Horth 59'19'05'* ~sC a distance of 9,10 feecl chence ~orch 540~6'05'* ~asc a distance of 8,25 :hence Horch 57'29'39'* ~sc a distance of 15,30 feet; thence North 680~8'15'* hat a distance of 2~,00 ~eec; thence Notch 75022'20'* ~sc a distance of 3~,97 feet; thence South 71*38'O7'* hsc a distance of 52,6~ feet; thence South 71022~58" ~sc a distance oE ~0,00 feet; thence ~outh 73017*3Z'' East a distance of 30,01 fee~; chence Sou~h 760~'47' ~st a distance of 12,0~ chence South 71'21~58'' hat a distance ol 33,00 feet; thence South 63015'10" hsC a distance of 14,1~ fee~; thence South 75*20'24' hsc a distance of 28.98 thence South 75*3~'2~' hsc a distance of 32,89 feet; thenco Seuth 70027'32" ~sc a distance of 17,O3 feet; thence Sour~ 70'3~*'~" ~s~ a distance of 17,86 fee~; chence ~ouCh 77029'0.' hat a distance of 33,83 feet; thence South 7t0~1'05" hat a distance of 55,O~ feet; thence North 83'31'57' hat a discante of .28,67 feet; thence ~rth 870~1'02' hs~ a distance of 27,O0 feet; thence SGuth 87*15'41" hat a distance of 14,08 thence South 88*30'57' ~sc a distance of 11,80 fe~c; thence North 77053'39' hsC a distance of 11,00 feet; thence Horth 74019'04' hsc a disca~t of 16,03 thence ~rth 71*~u~** hsc s distance of 17,12 feet; thence ~rth 80022s03' ha= s dis~t of 11,59 feet; thence huth 81050"48' hsc a dista~e of 10,59 feetl EXHIBIT *A" thence South 83'50'25" ~est 18.22 feet; thence South OSeOgt35' E~St 5.00 feet; thence South 83'50'25' West 53.00 feet; thence North 06*09'35" Weet 5.00 feet; thence South 83eSOe25' West 27.39 feet; thence ~otth 87'12'53" West 29.6& feet;' thence South 85'20'36" West 13.21 feet; thence South 68eSOt69" West 32.2A feet to a point oE cttrv~ture; thence Westerly 42.58 feet along the arc of a circular curve concave to the North, havin8 a radius of 80.23 feet and subtended hy a chord vh~ch bears South 84*03~03'' West ~2.08 feet to a point of tans~ency; thence ~orth 80e4&t6ie' ~est 23.00 fee~ to a point of cuz~ature; thence Southgesterl~ 51.]2 feet a~ong the arc of a circu3. ar cuz~e concave to the Sou~h hav~n; a radius of 60.72 feet and subtended by a ct~ord ~h~ch be~;s Sou=h 75'08'~6" ~est ~9.62 feet to a poLn~ of tanSency; thence South 5~tC1'16'' ~es~ 15.85 fee: :o a point of cu~a~ure; ~hence ~es:er~y ~0.23 fee: along the arc of a circular cu~e concave to the ~r~h having a radius of 1~8.92 fee: and subtended by a chord ~hich bears Sou:h 79e56'2~' ~es: 13~.35 fee~ to on said curve; thence South 32e17~4~" ~es~ 6.05 fee~; ~heuce Nor:h ~7e42'16' ~esc 26.85 fee: tc the ~'~orida Depar:meu~ of ~tural Resources ~astsl Construction ~ntrol ~hence-aloa8 aid line ~r~h ~ellslS.7" ~es~ 32.3~ feet; thence South 57e~2'~6' ~st 46.~ Eeet; ~hence Sou~h 32e~7~' ~esc 3.~ fee~ ~oa poin~ on a cu~e; the~e ~sterly 120.2~ feet along :he arc of a non-tangential circular cu~e concave to :he North, having a radius of 122.92 feet and subtended bY a chord ~hich burs Hor:h 79eO2~L1' ~S: 1~5.51 feeC ~o ~ po~n~ of ~he~e ~r~h 51s01'16' ~s~ 15.85 fee~ to a poin~ of cu~ature; thence Northeasterly 6~.59 fee~ along the arc of a circular cu~e conave to the Sou~h, hsviD~ a radius of 76.72 fee: and subtended by a ch~rd vhich bears ~rth 75e08*16n ~s~ 62.70 fee: of t~ge~y; thence South 80*~4'~" ~st 23.00 feet co a po~t o~ cu~atute; thence batefly 3~.09 feet alon8 the arc of a circular cu~e conuve to the ~tth, ~in8 a radius of 6~.23 (eet and subtended b~ t chord ~h~h hears ~rth 8~e03'03' hat 33.69 feet to a point of tangentS; thexe ~tth 68*50~49" bst ~.56 feet; .. the~e ~rth 85'20~36' bet 16.57 leet~ EXHIBIT "A" 000966 0[11863 oP, eoo thence South 87'12'53" ~.mst 29.23 feet; thence Horth 83e50~2~'' ~st 97.35 ~eet to a point of cu~a=ure; thence ~o=~heas~erly 59.30 ~eec ~1on8 the arc oE a c~cular curve concave to the Hotthresh, havln~ a radius o~ 52.C0 feec and subtended 5y .a chord vhtch ~ears Hnr=h 51"10'1~" ~,c 56.1~ Eeec co · point thence Hor~h 18'30'03" ~ec 15.16 ~ee= to I point of c~acucel thence Northeasterly 67.3~ Eeec along ~he a=c of a conca'~e ~o the Southeast, haveriB a radius of 53.70 feec and subtended ~y a chord uhtch 5ea~s Hor~h 5~"25~0u East 63.02 ~eec of tangency; ~hence Sou~h 89'38'~" ~sC 28Z.~1 fee~; Lhence ~o~ch 86'20'~' ~sC ~Z,67 ~eeC; thence Hor~h 03*39~56' ~esc 5.00 thence Ho~h 86*20~0~'' ~sC 53.0C feet; thence South ~3'39'5&" ~sc S.00 feet; ~hence Horch 86e20~'' ~st 32,6Z fee~ ~o a poin~ o~ curvature; thence ~sce~Zy i69.6~ Eee~ a~on~ the arc o~ a circular curve concave ~o the Sou~h, h~vinz a radius o[ 725,01 feec and subtended by a chord vhich hears Sou~h 86~57'~6' [as~ Z69.25 Eeet ~o a poin~ on s~id cu~e; thence Horch 8~e~6'~Z'' East Z3.Tg ~eec; c~.ence ~rch 75e0"25'' ~s~ I~.gZ feet; thence North 6g'28'~7" ~sc 9Z.99 thence North 73'~7~3Zu ~sc 50.2~ Eeec co ~ poin~ o~ cu~s~ure~ thence ~sterly ~6.60 feeC alone ~he arc of a circular cu~e concave to the Sou~h hsvin~ a radius o~ Z~.00 fee~ and subtended by a chord vhich hears North 86'37~5'' ~s~ ~6,22 feet to a point on s=td cu~e: thence ~orch 83e5~'09'' ~s~ Zg-Og fee~; thence Noc=h 76e~5~29'' ~s~ 56.68 thence ~rth 66e30'56'' ~sc Z~.~7 feet; thence North 5~*~'05" ~sc 32,2g feet; thence ~orCh 73'07'17" ~sC 112.81 feet; ~hence Hor~h 76'06~36'' ~s~ 59.90 ~eet ~o the poin~ ~[ be~inninZ of the strip o~ land herein described. , .. ~O L~S ~lZ that p~rt of Sections 8 & g, To~ship ~9 ~llier ~nty, Flot'lds, lying So~h of Clam Pass, ~est oE ~t~ Clam B~y and ~s~ of the Gulf of )lexico; Hun High gaunt Elevation l.l feet; Bear~gs 'sh~ herein are based on the STA~ P~ COO~ established by the Said ~nd slc~te, lying and heinz i~ ~llier ~cy, Florida. Exhibit Exhibit "C" March 9, 1999 Item #14A DISCUSSION OF PROPOSED DATE FOR SALES TAX WORKSHOP (APRIL 13, 1999 - DATE CONFIRMED Sales tax workshop was added under staff communications. MR. FERNANDEZ: Just to announce that that is scheduled for April the 13th, as the board requested, it will be tacked on to the end of the board meeting. Hopefully it will be a brief meeting. Item #15A DISCUSSION REGARDING THE PROCESS OF ADOPTION OF THE DENSITY REDUCTION PLAN- DISCUSSED CHAIRWOMAN MAC'KIE: Is Mr. Mulhere here? I guess Mr. Cautero is here just to talk about -- I had added under 15, communications, the discussion about the density reduction plan, the discussion would just be about the procedure. I, like most of you, I'm sure, have been getting five zillion calls about, is the county commission pulling a fast one on the public by adopting the density reduction plan as part of the settlement of the current comp plan amendment with the DCA and the interveners. COMMISSIONER CONSTANTINE: Apparently if we got five hundred calls, it's not a very good fast one, if that's what we are trying to do. CHAIRWOMAN MAC'KIE: My response to those calls has been that while we are moving forward with this as a part of a settlement agreement on this comp plan amendment, it is certainly an important enough issue that it should have the same number and level of public hearings as a comp plan amendment would. And I want to propose that today and to hear from staff about how they feel about it. MR. CAUTERO: Vince Cautero, for the record. As we have mentioned to you -- is this working? CHAIRWOMAN MAC'KIE: Yeah, it's working. It's just torn up. MR. CAUTERO: As we've mentioned to you in our briefing session, more public hearings are certainly your option, staff would not be opposed to that. It's your choice on how you want to proceed. We have a formal presentation that we'll be making to you on the 19th regarding the entire process. The process for both amendment types, if you will, stipulated agreements versus density reduction and what your options are. The more public hearings you have will certainly enable more people to come and to honor it. That's your choice. We would not oppose that at. all. CHAIRWOMAN MAC'KIE: Mr. Cautero, the number of public hearings we would have, if this were a stand-alone comp plan amendment, is what? MR. CAUTERO: Minimum three, but you could have more. CHAIRWOMAN MAC'KIE: And probably would have four, right? Page 127 March 9, 1999 MR. CAUTERO: Most likely. Planning Commission, Board of County Commissioners, and then Board of County Commissioners at the tail end, but we could go back to the Planning Commission after you hear from the DCA. Most likely four. COMMISSIONER CONSTANTINE: You're not sure we're having enough meetings this year? CHAIRWOMAN MAC'KIE: I'm not sure that we are having enough meetings on this issue, which is such a critical, important change in the community. I'll tell you what I'm mostly worried about, is buy-in. I think that the density reduction plan is the right thing to do. I think it's the right way to go. But we have been so intimately involved with it for so long. And property owners, frankly, are feeling a great deal of fear about that this is a done deal, they don't have any input into the process. I want to be sure they do. COMMISSIONER CONSTANTINE: I don't mind that at all. If we have a couple of meetings, that's fine. To just pick the number four as a good number, we will see, you and I both know, the same people come to the podium four times and tell us the same thing. Just if there's a rationale, why the number four is up there? CHAIRWOMAN MAC'KIE: It's not. Let me tell you what I've -- what I intend to be saying is not just that we just pick and have four meetings. I'm suggesting that the normal process for a comp plan amendment is that it would go in front of the Planning Commission, then it would come to us for two public hearings. The normal process for settlement of a negotiation like -- of this kind of a -- good grief, my brain is tired. But a settlement like we have in front of us today, would not go to the Planning Commission and could come to us as many as one time. I'm suggesting that this is important enough, it needs to go to the Planning Commission. COMMISSIONER CONSTANTINE: I'm just thinking of the irony of like six months ago. You continually were saying, golly, why do we have to hear this so many times, why can't government just do business like private business. So I'm getting a little bit of a kick out of the complete reversal here. CHAIRWOMAN MAC'KIE: Pass the syrup. COMMISSIONER CARTER: I think I hear Commissioner Mac'Kie saying, and I've gotten the same input from the community that they would like more than one. They are looking at like we're going to have a mega workshop. We're going to make a decision that day and that it's a done deal. I think that they want some assurances that they can have some more due process. On the other side of it is, it's been out there for awhile, everybody has a chance to talk about it, everybody has a chance to come and do this. So somewhere there's got to be a compromise in here of a couple of meetings to hear this. But I don't think a whole lots going to change. COMMISSIONER CONSTANTINE: Realistically we're going to have a workshop. CHAIRWOMAN MAC'KIE: And the 19th. Page 128 March 9, 1999 COMMISSIONER CONSTANTINE: Which we do not make decisions then. We'll go through it. We'll understand it. That will be a wonderful opportunity to try to educate the public on the details of it. But then we'll still have to go to a public hearing at some point after that. So we've got those two. CHAIRWOMAN MAC'KIE: So can we send it to Planning Commission for their recommendation? Is there an objection to that? COMMISSIONER CONSTANTINE: Why would we? CHAIRWOMAN MAC'KIE: Because it's an opportunity for more public input and to get a recommendation from our planning advisory committee. COMMISSIONER NORRIS: I think Commissioner Constantine's point was it might be more public input but it won't be different public input. CHAIRWOMAN MAC'KIE: Am I the only one who is hearing the complaints that we're sort of shoving this down -- COMMISSIONER BERRY: No, not at all. CHAIRWOMAN MAC'KIE: But don't you think that -- COMMISSIONER CONSTANTINE: Whatever. COMMISSIONER NORRIS: But see, when I have constituents or members of the public that wants to deliver input, I don't overreact and say, I want four meetings to give them an opportunity to have input. Sure, certainly they should have input. That's fine. We're going to have workshop and a public hearing. Are we required to have two public hearings? CHAIRWOMAN MAC'KIE: No, just one. We can have a workshop and one public hearing, if that's what the majority of the board wants to do. COMMISSIONER NORRIS: Is there anything they can't say in one public hearing, they would need two? COMMISSIONER BERRY: Madam Chairwoman, let me express my concern is, yes, I've had the calls about wanting more input. And I have people in my district who are going to be the ones mostly affected by this. Their situation is public hearing, but more than that is to be able to work with staff to try and resolve some of the concerns. CHAIRWOMAN MAC'KIE: Are we going to do this in one workshop and one public hearing? COMMISSIONER BERRY: I don't know. I don't know what is the best way. I'll look to staff or anybody else to -- COMMISSIONER CONSTANTINE: Frankly, that seems adequate. And this is something we worked on. I have here a memo that I sent to the board, October 24th, 1995 was the first time we addressed density reduction. So this is not a new issue. It's not something we're trying to sneak by anybody. And we're coming to the culmination of a three and a half year process. And I think two wide open meetings are certainly adequate to present what that finished process is. I think if you start having -- we have all kinds of folks in the development community that want this to go on for months. And I think that if we start having three meetings, four meetings, five meetings, six months then we're going to water it down and water it down and water it down. Page 129 March 9, 1999 We have some meaningful changes right now that are going to have some wonderful impacts, long-term on our community. And should we provide adequate public input, absolutely. And might we tweak this a little bit through that process, probably. But two full blown opportunities for the public to participate in that certainly should be an adequate opportunity after three and a half years. COMMISSIONER CARTER: What if it goes to the Planning Commission? It really is not a process that we don't sit there and listen to it. They listen to it. If they want that opportunity to go through that and hear it, I don't really object to that. But I think one workshop and one public hearing that we are involved, I think that's enough. If we're going to add on, plus the Planning Commission, let them hear. That's three. That's enough. COMMISSIONER CONSTANTINE: I'll tell you my concern with the Planning Commission. COMMISSIONER NORRIS: Is there a legal basis for it? COMMISSIONER CONSTANTINE: There's no legal basis for it, but it's a little different agenda. They are designed to look at specific changes. They are -- again, it's an opportunity to water this down. They make -- you've got a balance there that, in my opinion, leans toward the development community. They have not, I don't think, been out to the public to the same extent that the five of us have, talking to homeowners' groups and civic groups and all of those that repeatedly say, good golly, you've got to do something about the growth. They are not intentionally going to do it, but their influences have been very different than those that will come to us. And I don't think that it is necessarily as representative the final decision. My worry is that they will say, well, okay, let's water this down, let's water that down, and then that argument will be used before us at the final hearing. Well, the Planning Commission didn't recommend that, the Planning Commission didn't recommend that. This is something we've worked three and a half years on. Let's bring it to closure and let's stand up straight and be stiff and do the right thing. CHAIRWOMAN MAC'KIE: Commissioner Berry, you're going to probably be sounds like the swing vote on whether or not this goes to the Planning Commission. COMMISSIONER CARTER: May I ask Vince Cautero that question. What would happen if we sent it to Planning Commission? Do you feel that that's really a bad -- take that off the record. Would you say that that would be non-productive in this process? MR. CAUTERO: I couldn't say that it would be non-productive. Again, it's a matter of how many hearings you want to have and what kind of input you're looking from -- from those bodies that make recommendations to you. The development services advisory committee has discussed this on several occasions and they will continue to discuss it, and I believe the Planning Commission made a formal request at their last meeting to have that hearing. It's my recollection. I don't know if that's true or not. I will find out. Page 130 March 9, 1999 I will tell you, though, that the issue that you're talking about right now is one that hasn't been decided yet in terms of how you're going to structure the two amendment processes, and that's something that people on the 19th are prepared to talk to you about and that have been talking to us and you on numerous occasions. And if your phones are ringing as much as ours are at the development services center, you'll know that that's the big issue that they want you to grasp on the 19th, which we were going to ask you to grasp on the 19th. And that is, how you're going to have these public hearings. There's two tracts of public hearings. CHAIRWOMAN MAC'KIE: And that's what I was hoping is that we could have this discussion today, so that people wouldn't have to come to the meeting on the 19th prepared for war, if we agreed that we could do it in a more public friendlier participation kind of a way. COMMISSIONER CONSTANTINE: I don't follow your comment. CHAIRWOMAN MAC'KIE: Instead of deciding on the 19th what the process is going to be, I was hoping we could decide today. MR. CAUTERO: If I may, ma'am, Commissioners. CHAIRWOMAN MAC'KIE: Yes, sir. And then Commissioner Carter. MR. CAUTERO: Hopefully I can better answer Commissioner Carter's question by saying, the issue of how you're going to hear the stipulated settlement agreement proposal and the density reduction proposal, which are two different amendment pieces, that issue, we were prepared to talk to you about that on the 19th and I believe everybody on the development community were prepared on the 19th and they were not prepared today. CHAIRWOMAN MAC'KIE: Well, they all called me yesterday and asked me to put it on today's agenda, but, okay. MR. CAUTERO: I was not aware of that. I can answer your questions on that at any time. I'm just telling you that's what I've heard. We've have been telling people that, that you will hopefully make that decision on the 19th. Not on the amendment itself but on the process. CHAIRWOMAN MAC'KIE: Looks like we're not going to make the process decision today. COMMISSIONER BERRY: Well, and I'm not sure -- what did I envision as happening on the 19th? I envisioned that at that point in time, we would get the final -- everything that's been put together and that information would come to us on the 19th. After we have heard that, then I thought the normal process would be that there would be a, quote, public hearing after that, whereby people could come and make their comments relatively -- I don't think it should be done that same day, because I don't think everybody's got the -- does everyone have the information yet? CHAIRWOMAN MAC'KIE: It's out there. MR. CAUTERO: It's out there, and you're getting new copies of it this week. COMMISSIONER BERRY: Okay. Until I hear the public presentation of it, you know, and if it means that we go through it page by page or whatever it is, I don't know what your format is, that's your Page 131 March 9, 1999 business. That's fine. But then after that point in time, then after we've all heard it and they've all heard the same thing that we've heard, then I think we ought to go to a public hearing. MR. CAUTERO: Here's why there's -- if I may, I know it's late in the day. CHAIRWOMAN MAC'KIE: Please. MR. CAUTERO: But hear is exactly why the development community and the contracting community is telling us that they do not want the two amendment processes joined. Commissioner Berry, what you just said a minute about is absolutely correct, you are getting everything for that workshop, everything that we have talked about in our private meetings with you, consultant briefings, you will be getting again on the 19th. The reason that you and the staff are hearing that people in the development and building community do not want the stipulated settlement agreement proposal and the density reduction proposal in the same public hearing tract is because the stipulated settlement agreement proposal documentation has not been discussed in public before. The density reduction proposal has been. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: And as Commissioner Constantine stated a few moments ago, since 1995, in one shape or another, on June 2nd, you directed -- of last year, you directed specific amendments on that. So we're getting to the nitty-gritty, if I can use that language. But the stipulated settlement agreement hasn't been out there. If the two processes are joined, the development community and the contracting community are saying to us, we haven't seen that, we don't want you to put them together, that's their problem. COMMISSIONER CARTER: That's when they come together, the workshop, where we're going to have those -- MR. CAUTERO: Yes, and we're going to ask you to make a decision on how you want to go through that public hearing process on the 19th. CHAIRWOMAN MAC'KIE: And if it were a normal process, then it would go to development services advisory committee, it would go to the environmental advisory counsel, it would go to the Planning Commission, then it would come to us. MR. CAUTERO: Typically, comprehensive planning amendments do not go to the Development Advisory Planning Commission. CHAIRWOMAN MAC'KIE: They don't? MR. CAUTERO: No. CHAIRWOMAN MAC'KIE: Good. MR. CAUTERO: They requested this one. CHAIRWOMAN MAC'KIE: Sorry. Commissioner Carter? MR. CAUTERO: That's the only difference. COMMISSIONER CARTER: What I -- MR. CAUTERO: Did I muddy the waters? I want to stop and ask that now. COMMISSIONER CARTER: No, no. You haven't muddied the waters. I want to make sure I hear this correctly. On the workshop, we get both Page 132 March 9, 1999 the settlement agreement and the density agreement get discussed, the whole package. MR. CAUTERO: You are getting the whole package. COMMISSIONER CARTER: Right, we have discussed that. The concern of the development community and the building community, as I understand it, is the settlement agreement. They don't want the two tied together. I've heard that I don't know how many times. But that's not their decision. That is a decision of the board to make that decision. MR. CAUTERO: We plan that ask you to make that decision on the 19th. And we are telling the development community that, that we're going to ask you that. COMMISSIONER CONSTANTINE: Frankly, the reason goes well beyond the one that you described a minute ago. I think the ability to appeal and the ability to drag this out in any number of different formats over a period of time is probably a strong incentive for the development community, as well as one part of this has been more public than the other over a period of time. I think that may make a wonderful reason, but I don't think that that's the real legitimate reason. MR. CAUTERO: You're absolutely correct. CHAIRWOMAN MAC'KIE: I'm so absolutely committed to the fact -- and maybe this is where I failed in the understanding of where we are. I am committed to, that the settlement agreement and the density proposal get tied together. It has to happen to that way for a lot of good procedural reasons like moving it up two years in the process. But because I am committed to that and recognize that that's going to not going to be well received, I was jumping ahead to suggesting that we should elongate the process by having the Planning Commission participate, maybe even having development services and environmental council participate and ask the hearing officer to hold off, continue to hold off on his recommended order while we go through a more complete public hearing process. Because I -- I have assumed that we are going to tie those two together. And I think the communities -- COMMISSIONER CARTER: That being the case, then how much more can be said after we have the workshop where all of this is discussed. We then can go to a public hearing and people can keep coming back at us over our decision. And I agree with you, the tying together. I don't know how much more time you need to have input for people to talk about what's going to happen. And I would like an answer to that. I don't want to shut down the process and I don't want people to get the feeling we're not going to let them participate. But how many more times do you have to have meetings that have the same things said over and over. CHAIRWOMAN MAC'KIE: And what I'm hearing is the answer to that question is, we'd like to have the same hearings as you have in a comp plan amendment. And that's what I was suggesting today. And I am now going to give up another -- that we're going to discuss this on the 19th again. Okay. Anything else? Page 133 March 9, 1999 Are there staff communications? MR. FERNANDEZ: No, Madam Chairwoman. You've heard our communication. CHAIRWOMAN MAC'KIE: We're so grateful. Commissioner Berry? COMMISSIONER BERRY: I was going to talk about the infamous T-shirt, but -- COMMISSIONER NORRIS: She's already done that. I wouldn't think of adding anything. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: No, I don't have anything today. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: No, ma'am. I don't have anything today. If you have nothing, I'll make a motion to adjourn. COMMISSIONER NORRIS: I second. ***** Commissioner Constantine moved, seconded by Commissioner Berry and carried unanimously, that the following items under the Consent and Summary Agendas be aproved and/or adopted= ***** Item #16A1 RESOLUTIONS 99-158 THROUGH 99-162, RE CODE ENFORCEMENT CASE NO.~S 80615-005, WILLIAM D. ROBERTS, DECEASED, ROBERT A ROBERTS AND RICHARD H. ROBERTS, CO-TRUSTEES~ 80615-006, WILLIAM D. ROBERTS, DECEASED, ROBERT A ROBERTS AND RICHARD H. ROBERTS, CO-TRUSTEES? 80714-042, HUBERT & CHRISTA HEIN % WILLIAM SCHERER~ 80723-073, JAMES & BEATRICE BRUSEAY~ AND 80723-074, JAMES & BEATRICE BRUSKAY Page 134 BOARD OF COUNTY COMMISSIONERS COLLIER CoUN , LORID O 9 LEGAL NOTICE OF ASSESSMENT OF LIEN MAR 0 9 1999 William D Roberts, Deceased Robert A Roberrs and Richard H Roberrs, Co-Trustees PO Box 1716 Belleview, FL 34421 REFERENCE 80615-005 #00122240007 LIEN NUMBER: LEGAL DESCRIPTION: Beginning at the Southwest corner of the Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Section 4, in Township 47 South, Range 29 East, thence North 3 degrees 03 minutes West along the West boundary of said Section 4 330 feet, thence North 86° degrees 21 minutes East 16 % feet to the East boundary of the county road and the point of beginning of the land hereby conveyed; thence North 3 degrees 03 minutes West and along the East side of said county road 824 feet to an intersection with the West boundary of State Road No. 164; thence along the Westerly and Southerly boundary of said State Road No. 164 in an Easterly, direction a distance of 1005.3 feet to the North boundary of the land of W.D. Roberts, which point is due East of the point of beginning, thence South 86 degrees 21 minutes West along the North boundary of said W.D. Roberts land 543 % feet to the point of beginning, containing 4.13 acres, more or less. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 300.00 and administrative cost of $200.00 for a total of $ 500.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above MAR 0 9 1999 and shal become a lien on property on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-1/93 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Conlmissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST William D Roberts, Deceased Beginning at the Southwest $500.00 Robert A Roberts and Richard corner of the Southwest Quarter H Roberts, Co-Trustees SW ~) of the Northwest Quarter PO Box 1716 (NW~) of Section 4, in Township Belleview, FL 34421 47 South, Range 29 East, thence North 3 degrees 03 minutes West along the West boundary of said Section 4 330 feet, thence North 86° degrees 21 minutes East 16~ feet to the East boundary of the county road and the point of beginning of the land hereby conveyed; thence North 3 degrees 03 minutes West and along the East side of said county road 824 feet to an intersection with the West boundary of State Road No. 164; thence along the Westerly and Southerly boundary of said State Road No. 164 in an Easterly, direction a distance of 1005.3 feet to the North boundary of the land of W.D. Roberts, which point is due East of the point of beginning, thence South 86 degrees 21 minutes West along the North boundary of said W.D. Roberts land 543 ~ feet to the point of beginning, containing 4.13 acres, more or less. REFERENCE: 80615-005 #00122240007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ~A~ ~ 9 ~gg~ This Resolution adopted after motion, second and majority vote. DATED: MAR 0 9 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS "' "' ' ~ "' ~' ' a~e~l~a S M a c ' K~ ~;.~/~ . . ., .~' : ~' ~IGEL ' N ~COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MAR O 9 1999 DATE~ William D Roberrs, Deceased Robert A Roberrs and Richard H Roberrs, Co-Trustees PO Box 1716 Belleview, FL 34421 R~FERENCE 89615-006 #00122280009 LIEN NUMBER: LEGAL DESCRIPTION: Tax Parcel 33 described as The South ~ of the SW ~ of the SW ~ of the NW ~, less road right-of-way, Section 4, Township 47 South, Range 29 East, Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 300.00 and administrative cost of $200.00 for a total of $ 500.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, MAR O 9 1999 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-1/93 MAR 0 9 1999 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST William D Roberts, Deceased Tax Parcel 33 described $500.00 Robert A Roberts and Richard as The South ~ of the SW ~ H Roberrs, Co-Trustees of the SW ~ of the NW ~, less PO Box 1716 road right-of-way, of Section Belleview, FL 34421 4, Township 47 South, Range 29 East, Collier County, Florida. REFERENCE: 80615-006 #00122280009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: -'~/' BO~D OF CO~TY COMMISSIONERS . COLLIER CO~TY, FLORIDA ~O~TY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORIDA !99 LEGAL NOTICE OF ASSESSMENT OF LIEN NAR 0 9 1999 DATE: Hubert & Christa Hein % William Scherer 232 Pebble Beach Cir ~201 Naples, FL 34113 REFERENCE 80714-042 #57854280003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 327 of Marco Beach Unit TEN, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 74-79, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on NAR 0 9 ~999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-1/93 RESOLUTION NO. 99- l&O A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Hubert & Christa Hein Lot 16, Block 327 of Marco $245.00 % William Scherer Beach Unit TEN, a Subdivision 232 Pebble Beach Cir #201 according to the Plat thereof, Naples, FL 34113 recorded in Plat Book 6, Page 74-79, of the Public Records of Collier County, Florida. REFERENCE: 80714-042 #57854280003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. MAR,i0i9 1 99 BOARD OF COUNTY COMMISSIONER'~S~~/~ ATTEST:. P~e rwoman · K CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN NAR 0 9 1999 DATE: James & Beatrice Bruskay 8839 S Beck P1 Hometown, IL 60456 REFERENCE 80723-073 #62100200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 60.00 and administrative cost of $200.00 for a total of $ 260.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAR 8 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-1/93 MAR 9 1999 RESOLUTION NO. 99- !6~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST James & Beatrice Bruskay Lot 4, Block 12, NAPLES MANOR $260.00 8839 S Beck P1 ADDITION, according to the plat Hometown, IL 60456 thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. REFERENCE: 80723-073 #62100200007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .l~,R.i,O, 9 1999 ATTlq. ST: ,... BOARD OF COUNTY COMMISSIONERS DWZGHT E: BROCK/':~CLERK COLLIER COUNTY, FLORIDA BY: / / ~.~ :~ ~'~.a S" Mac K:Le, Cha:zrwo APPR6VED ,AS, TO FORM DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HAR 0 9 DATE: James & Beatrice Bruskay 8839 S Beck P1 Hometown, IL 60456 REFERENCE 80723-074 #62100200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 60.00 and administrative cost of $200.00 for a total of $ 260.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAR and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-1/93 RESOLUTION NO. 99- 4~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Jmmes & Beatrice Bruskay Lot 3, Block 12, NAPLES MANOR $260.00 8839 S Beck P1 ADDITION, according to the plat Hometown, IL 60456 thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. REFERENCE: 80723-074 #62100200007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: · MAR 0;9 1999 ATTEST.: "/' BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK";~-CLERK COLLIER COUNTY, FLORIDA ~~ ~ BY: / ; ro APPRbvED AS TO FORM ~t~q3AVID ~qEIGEL / " ~ CO~TY ATTORNEY CSce 11 - 1/1/99 March 9, 1999 Item #16A2 FINAL PLAT OF QUAIL WALK PHASE FOUR - WITH LETTER OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 135 FIRST NATIONAL BANK OF NAPLES P.O. Box 413043 Naples, Florida 34101-3043 Phone: (941) 261-7600 Fax: (941) 26245267 IRREVOCABLE STANDBY LETTER OF CREDIT N0. 12-98'0174 ISSUER: First National Bank of Naples (hereinafter "Issuer"). 900Goodlette Road North Naples, Florida 34102 PLACE AND DATE OF ISSUE: 900~Goodlette Road North Naples, Florida 34102 December 22, 1998 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until December 22, 1999 and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Longshore Lakes Joint Venture, a Florida corporation. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT: $11,129.43 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Longshore Lakes Joint Venture has failed to construct and/or maintain the water improvements as shown on the plans for the subdivision known as Quail Walk Phase IV or a final inspect~n~ satisfactory to Collier County, ......... ~ ~ ~~ Ccunty Ordinance No. ~ ~= ...... ~^~ has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First National Bank of Naples' Credit No. 12-98-0174, dated December 22, 1998." The original letter of credit and all amendments, if any, must be presented for proper endorsement. "Where little things make a BIG difference." FIRST NATIONAL BANK OF NAPLES P.O. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262-7600 Fax: (941) 262-6267 Longshore Lakes Joint Venture Letter of Credit ~12-98-0174 Page 2 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. FIRST NATIONAL BANK OF NAPLES C~har~~Sa~ons, Vice President "Where little things make a BIG difference." CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this C?fi:t, day of 72']~, 1999 between Longshore Lakes Joint Venture, a Florida General Partnership, and Longshore Lake Homes, L.P., a Delaware Limited Partnership, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: "Quail Walk, Phase Four" B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: water, sewer, roadway, drainage, and street lighting within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $11,129.43 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. \\Hma_naples\WP\1992\1992075\WTC\cmasi.doc 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulffil in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar mount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. \\Hma_naples\WP\1992\i 992075\WTC\cmasi.doc MAR 0 9 ~99~ I'NI V~rNF,~_~ II/I~IIEOF, the. Board anal Developmr have c~ ~ A~~ ~ be cx~ed by~d~,~ 'v m' . . . -- ~ ~ _~s ~ ~ of , t~ gign~i, Sealed and Delivered Longhere Lakes Ioinl Ventarc in the presence oP. a Flcrida Gcnct~ Parmcrship By: Napha Properties, Inc. ~Td/~~~,~ a Florida Corporation, a~ C, ecnea'al Pro'met ~rinted or Typc~ Name) ~~/~~ · ~~.;andauthofitytobind (1Muted or Typed Name) thmZt; 4500 Executive Drive, SUite 300, N~tes, FL 34119 and Signed, Scaled end Dclivcrr. A Lcmgaho~ Lak, Ilomcs, L.P. in th~ prcscncc of.' a Delaware Limited Parme~hip doing business in the State of Florida as T,on~shm'e T.ake Hnmex, X.im~d By:T.LH Oene~ Pamcr, Inc, a Dehware Corporaion ~t~ or Ty~ Nom,~) the pa~lcrship and Vice President x:~li~J~Xl~"Y~tE~WTC\cms~xtaO~lT.de~ Attest: Board of County Commissioners Dwight E. Brock, Clerk of Collier County, Florida /~ ~.,~: . ,... ,/. · '~'~~ By: ,' ., ~d legal sufficiency: Davij ~ ~ei~el' ' '6fl~Collier County Attorney W:\1992\1992075\WTC\cmagsiBO617.doc March 9, 1999 Item #16A3 ROAD IMPACT FEE REFUND IN THE AMOUNT TO THE CLUB ESTATES REALTY, INC. - IN THE AMOUNT OF $1,738.00 Item #16A4 FINAL PLAT OF .CATAMARAN COURT AT TARPON COVE" - WITH PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 136 Document Prepared By Mark W. Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 9 ~ day of '7~a,t,e./~ 1999 between WCI Communities, Limited Partnership hereinafter referred'to as t'Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Catamaran Court At Tarpon Cove" 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the 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: 1. Developer will 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. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $134,796.00 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. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve 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. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director 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. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such hilure, 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 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. 9. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. :MAR ~ 9 199~ IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this .~; day of ~'~a~, 1999. Signed, Sealed and Delivered in the presence of: WCI Communities, Limited Partnership A Florida Limited Partnership (Printed or Type~ N~me) .ttesi~. Board ~;~f'~?unty Commissioners .' (" 2' Dwigh~ ~rock, Clerk of Collier County, Florida ': - .' · ': ':.5:!~ , ' PAMELA BepU!y'~ Clerl~ 2,:",'' Attest as to Chal~'l signature ~13. Approved as to fore and legal sufficiency: avid C. Weigel ~CCollier County Attorney F:TARP HAR - 9 1999 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond Number: 15-008-448 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Sprinl~s, FL 34 134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as" Surety") are held and firmly bound unto Collier County, Florida, (hereina~ter referred to as "County") in the total al~l~rel~ate sum of ONE HUNDED THirTY-FouR THOUSAND SEVEN HUNDRED NiNETY-SiX DOLLARS AND TWENTY CENTS ($ 134,796.20), 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 sinl~ular 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 CATAMARAN COURT AT TARPON COVE. ,,,and that certain, subdivision shall include required improvements which are required by at COLLIER. COUNT~ Ordinances and .Resolutions (hereinafter "Land Development Rel~ulations"). This oblit~ation of Surety shall commence on the date this Bond is executed and Shall'continue until the date of the final acceptance~bythe· Board ofCounty'(~ommissioners :of the , specific improvements described in the Land development ret~ulations (hereinafter~thet~uaranty 'period):: .... :T :, - ' ';. NOW, THEREFORE, if the Owner shall well, truly and' f~ithfull~':i~t~rfofm its oblil~ations and duties in "'~ accordance with the Land Development Rel~ulations durinl~ the.t~uaralltyperiod established by the County, and the Owner shall satisfy all claims and demands incurred and shall-fully indemnifi/,and save'harmless the County from the al~ainst all costs and damat~es 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 makinl~ t~ood any default, then this oblil~ation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and at~rees that no chanl~e, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its oblil~ation on this Bond, and it does hereby waive notice of any such chanl~e, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly atereed that the Bond shall be deemed amended automatically 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 Rel~ulations. The term "Amendment," wherever used in this Bond, and whether referrinlg to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFO~4ANCE BOND tO be executed this 28TM day of JANUARY, 1999 r , MAR - 9 3999 DATED as of this ,~ ~ ~/L day of ~2j~cLO_r~ _ , 1999 '~c~-~"~, ~t/--~>G_~-\ ~CI Communiti~ Limit~ Pa~ne~hip ~s-SiSnature 5t~en C. Addman ~itn~s-Print~ Name State of ~ County of ~ The foret~oint~ instrument was acknowledged before me by Steven C. Addman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known ~X or Produced identification Type of identification produced . NAR - 9 1999 DATED as of this 28"' DAY OF JANUARY, 1999. a ' · ~ LIBERTY MUTUAL INSURANCE COMPANY ture JOHN D. MILLER Witness-Printed Name , ,/~ ^ iX/itness. SiBnature ' ~,, DIANA FIGUEROA NATALIE REINGOLD ~X/itness Printed Name TITLE ATTORNEY-IN-FAG State of Connecticut County of Fairfield The foregoing instrument was acknowledSed before me by Natalie Reingold on behalf of LmERTY MUTUAL INSURANCE COMPANY. Personally known x or produced identification __. Type of identification produced %X/ITNESS my hand and official seal this 28'" DAY OF J~kRy~. (Affix notary seal) My ELY.PSIJA5 NOTARY PRINTED NAME ELY PStJAS tVOT,~R Y PUBLIC COUNTE~SiGNATURE Mt C0ttMISSlON EXPIRES SEPT. 30, ~ 'Lj'~;enserCi/Resi~ Agent NANCY H. ZALESKI · ..'OWE. oF A o..EY ,s .OT VAL, D U.LESS ,T ,S P.,. SD O..ED .ACK..OU. .5 2 3 3 5 8 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY HAR- 9 1999 BosToN, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts mutual insurance corn pany, pursuant to and by authority of He By-law and AUthorization hereinafter set forth, does hereby name, constitute and appoint, - JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT ................ : ..................... , each individually if there be more than one named, its true and lawful attorney-in-fact .to make, execute~ seal, acknowledge and deliver, for and on its __ behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances .and other surety obligations in the penal sum not exceeding g'llL"rv' MIII If'tlki:-=:-====-'~:.:.:..;.;;.:-:-:-==~=~-f*'k*.~=~ DOLLARS ($50 000 ,~-*--** )-each, and the execution of such bonds or 'u~d~l;,;R~':'~' ~ursuance of these presents, shall be as binding upon the CompaF~ as ~i~?~y had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full fome and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t in Plymouth Meeting, Pennsylvania this 17th day of ~ .... ~._. .19 ~o . LIBERTY MUTUAL INSURANCE COMPANY By Gamet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 17th day of Dece..mbe_r . A.D. 19_98.~, before me, a Notary Public, personally came the individual, known to me to be the therein desc ' ' ' idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu as duty affixed and subscribed to the said instrument by aut!:~ority and direction of the said company. IN TESTIMO set my hand and affix my official seal at Plymou Meeting, R , the day and year first above wdtten. CERTiFiCA m E - - " I, the undermgn retary of Liberty Mutual Insurance Company, do hereby certify that the odginal power of attorney of which the foregoing is a full, true an~ : copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attomey-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same fome and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI~FTER Assets ~ Bon,4~ 11,609,662 Common &Preterred Stoc.]~_~ ...... 4,446,583 Real Estat,, ...... 128~01 Cash & Short-Term lnvestznents_.__. 242,970 Other Invested Assets. 271.268 Subtotal Cash and Invested As~=--__ --_ ......... 16,698,784 Premium in Course of Collection* .......................... 1,521,916 Reinsunnce Recoverables on Loss and Loss Adjustment Expense Payments ............................. 183,530 Interest. Dividends and Real F. state Income Due and Acened ................................................ 168,557 Other Assets 779.394 TOTAL ADMITTED ASS/:"TS .............. 19,352.181 Liabilities and Surplus Reserve for Losses and Loss Adjustmen~ .F..xpm~ses ...................................................... :'i0,208,483 Reserve for Unearned Premiums_;.__ ........................................................... 1,629,832 Reinsurance Payable on Paid Loss and Loss Adiustment Expenses ............................................... 36,194 Federal Income Tax and State Premium Tax Accrued .................................................................... 91,774 Other Liabilities.....:--. ............................................................................................ 1,3 19,565 TOTAL LIABILITIES ............................................................................................ 13,285,848 Unassigned Surplus ............. _ .................................................................... 4,924,567 Guaranty Funds ........ --:: -: ---::::- .............................................................. 1.250 Surplum Notes ............... = ..................................................................... 1,140,516 TOTAL SURF LUS. 6,066,.333 TOTAL LIABILITIES AND SURFLUS___ 19,352,181 ('Excludes premiums more than 90 days due) COIvIlviONWEALTH OF MASSACHUSE'I'I'S ' ' COU'~q'Y OF SUFFOLK [X, nnls LangweIL being duly sworn, says: That he i~ Vice Pr~ident and Comptroller of Liberty Mutual Insurance Company; that said Company is a mutual lr, surane~ company duly organized, existing and engaged in business as a surety by virtue of the laws of such laws; that said Company has also complied with and is duly quaiLfled to act as surety on federal bonds under Section 9305 of Title 31 of the United States Code, That tl~ foregoinl~ is a full true and correct statement olr the rmandal condition of said Company an ~e 31st day December, 1997. Sworn to b~fore me this 31st day of March, 1998 March 9, 1999 Item #16A5 FINAL PLAT OF .VENEZIA AT GREY OAKS" - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT AND STIPULATIONS Page 137 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT, entered into this ~ day of kT]/O.e/td, 1999 by SP, LLC (hereinafter · 'Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and The Huntington National Bank a National Banking Association (hereinafter "Lender'). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by theBoard of a certain plat of a subdivision to be known as Venezia @ Grey Oaks. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Wilson, Miller, Barton & Peek, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 8.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated 16 October 1998 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $510, 199.00, and this amount represents 110% of the Developer's engineer' s estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage, and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within twelve months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $510,199.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $510,199.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%), and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $46,382.00 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply withthe requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty. (60) days after written notification of such failure has failed to comply with the requirements of this Agreement. (b) The County, or its authorized agent, will complete the work called for under the terms of the above - mentioned contract or will complete such portion of such work as the County, in it's sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow. (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any dan~ages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary. approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at it's option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required hnprovements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a wriUen request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in comphance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and lender. In WITNESS WHEREOF, the Board and the Developer have ca sed this Agreement to be executed by their duly authorized representatives this day of ~ ,1999 SIGNED SEALED AND DELIVERED IN ,.~TI-IE PRESENCE OF: /14/[/~ )/rff6'77-/ A96,)( Arthur A. Shallran, it's Manager The Huntington National Bank, a National Banking Association /q/~}< F/ '.~7,/ /(7~) Andrew H. Plate, vice president ,, ' ' ':~';' At.i:~st as to Chatrm~'$ ATtESTed, · ~'~ ignature onl)o BOA~LD OF coLn~FrY COhiM~SSmONE~S "L/Daa~id {~f.~eig~l J .... ~ County Attorney Nov 04, 1998 09:15 Wilson, Hiller, Barton & Peek Page: Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Summary 0 ] 20-040-01 -E 1 Sanitary Collection System $47,520.00 Reclaimed Water Distribution $26,625.00 Potable Water $35,893.20 Drainage $16,810.00 Earthwork $36,150.00 Paving $276,618.50 Lighting $24,200.00 Total Contract $463,816.70 EXHIBIT 1 PAGE 1 OF 8 Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 2 Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Sanitary Collection System 0120-040-01-E1 Estimated Item# Description Quantity Unit unit-Price Amount 419 8" PVC gravity main 791.00 LF $14.00 $11,074.00 (0'-6' cut) 420 8" PVC gravity main 352.00 LF $18.00 $6,336.00 (6'-8' cut) 421 8" PVC gravity main 110.00 LF $21.00 $2,310.00 (8'-I0' cut) 442 Manhole 4' diameter 3.00 EA $1,200.00 $3,600.00 (0'-6' cut) 443 Manhole 4' diameter 1.00 EA $1,500.00 $1,500.00 (6'-8' cut) 445 Manhole 4' diameter ].00 EA $2,300.00 $2,300.00 (10'-12' cut) 418 6" PVC gravity lateral 1,480.00 LF $10.00 $14,800.00 (ASTM D3034) 417 6" Sanitary sewer cleanout 33.00 EA $ 100.00 $3,300.00 946 Television inspection 1,300.00 LS $ 1.00 $1.300.00 9000 Remove existing cleanout and connect to !.00 LS $1,000.00 $1,000.00 8" PVC gravity main Total Sanitary Collection System: $47,520.00 EXHIBIT 1 PAGE 2 OF 8 iAR 9 199 Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 3 Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Reclaimed Water Distribution 0120-040-01 -E 1 Estimated Item# Description Quantity Unit Unit-Price Amount 2174 4" PVC reuse main 1,020.00 LF $7.00 $7,140.00 (Class 150) 2179 4" PVC reuse main 300.00 LF $8.50 $2,550.00 (Class 200) 2198 4" Gate valve with box 2.00 EA $325.00 $650.00 2228 4" Temporary blow off 2.00 EA $550.00 $ I, 100.00 9001 Single irrigation service 10.00 EA $560.00 $5,600.00 w/4" PVC casing 9002 Double irrigation service 13.00 EA $695.00 $9,035.00 w/4' PVC casing 9003 Remove existing plug and connect to 1.00 LS $550.00 $550.00 4" PVC reuse main Total Reclaimed Water Distribution: $26,625.00 EXHIBIT 1 PAGE 3 OF 8 Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 4 Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Potable Water 0120-040-01 -E 1 Estimated Item. Description Quantity Unit Unit-Price Amount 537 6" PVC water main 860.00 LF $12.32 $10,595.20 (C-900, Class 150) 543 6" PVC water main 400.00 LF $13.86 55,544.00 (C-900, Class 200) 469 Fire hydrant 2.00 EA $ 1,500.00 $3,000.00 470 Dead end fire hydrant & 2.00 EA $2,000.00 $4,000.00 bacterial sample point 476 6" Gate valve with box 2.00 EA $610.00 $1,220.00 499 Permanent bacterial sample point 1.00 EA $600.00 $600.00 9004 Single potable water service 1.00 EA 5555.00 $555.00 w/4" PVC casing 9005 Double potable water service 13.00 EA $683.00 $8.879.00 w/4" PVC casing 9006 Remove existing fire hydrant and connect 1.00 LS $1,500.00 $1,500.00 to 6" PVC water main Total Potable Water: $35,893.20 EXHIBIT 1 PAGE 4 OF 8 HAP r} 9 199 Nov 04, 1998 09:15 Wilson, Miller, Barton &Peek Page: 5 Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Drainage 0120-040-01-E1 Estimated Item# Description Quantity Unit Unit-Price Amount 271 15" RCP 115.00 LF $18.00 $2,070.00 272 18" RCP 332.00 LF $20.00 $6,640.00 335 15" Concrete headwall 1.00 EA $900,00 $900.00 336 18" Concrete headwall 1.00 EA $1,200.00 $1,200.00 9007 Throat inlet 5.00 EA $1,200.00 $6,000.00 (Bottom only) Total Drainage: $16,810.00 EXHIBIT 1 PAGE 5 OF 8 Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 6 Opinion of Probable Cost ~R ~ 9 ~99~ VENEZIA at GREY OAKS Final Subdivision Improvement Plans Earthwork 0120-040-01 -E I Estimated !tern# Description Quantity Unit Unit-Price Amount 9009 Fill (Compacted in-place) 4,700.00 CY $7.50 $35,250.00 (ROW & U.E. 4:1 to existing ONLY) 9008 Saw-cut & remove 120 LF of 120.00 LF $7.50 $900.00 existing valley gutter Total Earthwork: $36,150.00 EXHIBIT 1 PAGE 6 OF 8 Nov04, 1998 09:15 Wilson, Miller, Barton& Peek ~R O ~ 1~l~e: 7 O~pinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Paving 0120-040-01 -E I Estimated Item# Description Quantity Unit Unit-Price Amount 589 12" Stabilized subgrade 6,910.00 SY $2.10 $14,511.00 595 8" Limerock base 5,490.00 SY $4.20 $23,058.00 (compacted & primed) 901 I Throat inlet 5.00 EA $400.00 $2,000.00 (Top only) 780 Sodding (Floratam) 516.00 SY $2.50 $1,290.00 628 Curb 1,713.00 LF $5.60 $9,592.80 (Type A) 626 Curb& gutter 106.00 LF $4.85 $514.10 (Type E) modified 9013 Curb & gutter 278.00 LF $6.50 $1,807.00 (Type F) 632 24" Valley gutter 2,550.00 LF $4.50 $11,475.00 652 4" Concrete sidewalk 325.00 SY $18.00 $5,850.00 (reinforced) 1151 Paver blocks 48,022.00 SF $3.80 $182,483.60 9010 Ribbon curb 532.00 LF $18.00 $9.576.00 691 Reflective pavement marker 4.00 EA $5.00 $20.00 697 Stop sign 1.00 EA $120.00 $120.00 699 Street sign 150.00 EA $80.00 $12,000.00 926 4" PVC conduit 460.00 LF $5.00 $2,300.00 9012 12" Solid stripe 14.00 LF $1.50 $21.00 (Painted White) Total Paving: $276,618,50 EXHIBIT 1 PAGE 7 OF 8 PIA O 9 1999 Nov 04, 1998 09:15 Wilson, Miller, Barton &Peek Page: 8 Opinion of Probable Cost VENEZIA at GREY OAKS Final Subdivision Improvement Plans Lighting 0120-040-01 -E I Estimated Item# Description Quantity Unit Unit-Price Amount 5529 25' Concrete pole and fixture 2,000.00 EA $4.00 $8,000.00 5530 Decorative pole and fixture i,800.00 EA $9.00 $16,200.00 Total Lighting: $24,200.00 EXHIBIT 1 PAGE 8 OF 8 March 9, 1999 Item #16A6 RESOLUTION 99-163 AND AGREEMENT, AUTHORIZING THE WIAVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JILL J. WEAVER AT 3411 BASIN STREET IN SABLE SHORES SUBDIVISION Page 138 PiAR 0 9 RESOLUTION NO. 99-163 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JILL J. WEAVER AT 3411 BASIN STREET IN SABLE SHORES SUBDIVISION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Jill J. Weaver is seeking a waiver of impact fees; and WHEREAS, Jill J. Weaver will construct a three (3) bedroom unit (the "Dwelling Unit") at 3411 Basin Street, Sable Shores Subdivision in Collier County, Florida; and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Jill J. Weaver submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated January 15, 1999 for a waiver of impact fees for the construction of a house at 3411 Basin Street in Sable Shores Subdivision, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and -1- WHEREAS, Jill J. Weaver has qualified for an impact fee waiver based upon the following representations made by Jill J. Weaver: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C.The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Jill J. Weaver for one (1) house which shall be constructed at 3411 Basin Street, Sable Shores Subdivision, in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Jill J. Weaver, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 3411 Basin Street in Sable Shores Subdivision, Collier County, Florida by Jill J. Weaver: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( 1 ) Regional Parks 179.00 (2) Community Parks 399.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Sewer Impact Fee 1,575.00 G. Water Impact Fee 870.00 Total Impact Fees $ 6,374.52 -2- 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. TTEST: '~. ~;"~f:.2~ ....5~:'~!~. BO~ OF CO~TY COMMISSIONERS .'D~GHT. E. BROCKTCIerk COLLIER CO~TY, FLO~DA :~ , 'IL;, -' * 'd'. ;::77:~:~i~'~'''a'~ ~P~EL~ S.~AC'~E, CHA~OM~ Attest~ ~s to Chal~'$ Approved as to B~ ~d legal sufficiency: Heidi F. AsKton Assistant County Attomey jd/f/reso/wcaver -3- 1999 EXHIBIT "A" LEGAL DESCRIPTION JILL J. WEAVER RESIDENCE LOT 33, BLOCK F, SABLE SHORES SUBDIVISION, 3411 BASIN STREET, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 40, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. °4- ~ ... . ' HNR ~ ~ 1999 /~9~~'~~ ~'t~'~'w. I00' ~' 41 40 ~ 39 ~ ' E o E ' ~, . ~ ~ ~7 .~ · 26 , 17 ~ ~, ~4 ,. , 29 · 14 · ~ ~ ARECA AVE. . t ~ '~'- ., ........ 52 ..... ' '-- -. ~..-5r" ~. ~' ~:~ '~ ·. ~ ' - · 5. S9'55' tO'W. ........ = ..........~7;~ ....s~; ;: ,;7~,' ~.' "7 Zot~ /n insetIs o ond J ore ~trictl~ ~r occe%~ ~ ~e ~1. CERTIFICATE OF SURVEY ~ ~b% certify thot th/~ ~d ~m deli~ 1~ ~ t~ d c~ ~ re- CL]RK ~O ~H] BOARD R]CORD]D In the OHICIAL R]CORDS of COLLI]R CO~N?L ~L R]C H] 33.00 IN~BROHICB 4TH/LOOR 03/11/1999 a~ 09:53~ DelGHT 1. BROCK, CLBRK COPIBS 7,00 BIT 7240 AG~EMENT FOR WM~R OF 100% OF COLLIER COUNTY IMPACT FEES T~s A~eement for ~e Waiver of Impact Fees entered into this ~ day of ~~ , 1999 by ~d be~een the Bo~d of County Co~issioners of Collier Co~ty, Florida, hereinafier refe~ed to as "CO~TY" ~d Jill J. Weaver, hereinafier refe~ed to as "O~R." WITNESSETH: ~EEAS, Collier Co~ty Ordin~ee No. 88-97, as ~ended, the Collier Co~ Libr~ System ~pact Fee Ordinate; Collier Co~ty Ordinate No. 88-96, as ~ended, the Collier Co~ty P~ks ~d Recreational Facilities Impact Fee Ordinate; Collier Coumy ~din~ce No. 91-71, as ~ended, the Collier Co~ty Emergency Medical Se~ices System Impact Fee Ordinate; Collier Co~ty Ordinate No. 92-22, as ~ended, the Collier Coun~ RoM Impact Fee Ordinate; Collier Co~ Ordin~ce No. 92-33, as ~ended, the Collier Co~ Educational Facilities System ~pact Fee Ordinate; Collier Co~ty Ordinate No. 98- 69, Regional Water ~or Sewer Systems Impact Fee Ordinate as they may be ~her ~ended ~om time to time hereina~er collectively refe~ed to as "Impact Fee Ordinate", provide for waivers of impact fees for new owner-occupied dwelling units quali~ing as affordable housing; ~d ~EEAS, O~ER has applied for a waiver of impact fees as required by the ~pact Fee Ordin~ce, a copy of said application is on file in the office of Housing ~d Urb~ ~provement Dep~ent; ~d ~EEAS, the Co~ty A~inistrator or his desi~ee has reviewed the O~ER's application ~d h~ found ~at it complies with the requirements for ~ affordable housing waiver of impact fees ~ established in the Impact Fee Ordinate; ~d ~EEAS, ~e impact fee waiver shall be presented in lieu of pa~ent of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordin~ce qualifying the project as eligible for ~ impact fee waiver ~d OR: 2522 PG: 1267 W~EREAS, the CO[TNT¥ approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/_{,_3 at its regular meeting of '7~ e,A-,,~, 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OR: 2522 PG: 1268 MAR 0 9 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,374.52 pursuant to the Impact Fee Ordinance. In retum for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees OR: 2522 PG: 1269 are paid in ~ull or until the conditions set forth in the ~mpact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions o[ Section 8 are satisfied. 10. ]~ECO~D[NG. This Agreement shall be recorded by OWNER at the ~xpense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the OR: 2522 PG: 1270 COUNTY. The Board shall be entitled to recover all attomey's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (2) OWNER: J~er STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~ day of/r~,e..4~. , 1999, by Jill J. Weaver. She is personally known to mo-~ ....':-",, [NOT~ SE~] ~ ~ .~or T~ing Achowle~ent :. ._ ~ '~- .., . ..... '-....-......,,, ..... ~MAN Approved as to fo~ ~d : legal sufficiency aeidi F?~shto~ l Assist~t Gouty Attorney OR: 2522 PG: 1271 MA~ ~ S ~99~ jd/c/agreement/weaver EXHIBIT "A" LEGAL DESCRIPTION LOT 33, BLOCK F, SABLE SHORES SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 40, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA RECORO~ ~ LYINg3 IN THE N,E.'I/4 OF THE 5~c-,~,o/j- - .~,.~2_j.~S~,~,5 ,. T. 50 ~~/~ ...... *** 0R:' 2522 ~G: Z272' *** .. . ' :~A~ ~ 9 t99~ ';'o~ ~ 22a~ ;I 0 39 ~ ' ...... 37 · 26 , IT ~6 , 27 · 16 ~ Z ]5 , Z8 ~ I~ ARECA AVE. ............... 5z' ~ ' ~ ' - . , - ' · ~' ..s~; ~z~~ '~ ' · ] 9 "10" I1~ - _ _~__ 5 I _~' =_ ~_ ~_ ~_ _=~ ~: · 8~'55' to' w. Lois/n inserts o end h ore s/ri~tlI ~r o~%$ ~ ~u ~:. CERTIFICATE OF SURVEY ~b7 certify thot /his ~ ~ deti~o~ I~ o t~ d March 9, 1999 Item #16A7 RESOLUTION 99-164 AND AGREEMENT AUTHORIZING 75% DEFERPAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JUAN RODRIGUEZ AND MARTA RODRIGUEZ AT 4560 DOMINION DRIVE IN COLLIER COUNTY Page 139 RESOLUTION NO. 99-164 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING DEFERRAL OF 75% OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, REGIONAL WATER AND/OR SEWER IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JUAN RODRIGUEZ AND MARTA RODRIGUEZ AT 4560 DOMINION DRIVE IN COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for deferral of Collier County impact fees; and WHEREAS, Juan Rodriguez and Marta Rodriguez are seeking a deferral of 75% of impact fees; and WHEREAS, Juan Rodriguez and Marta Rodriguez will construct a three (3) bedroom unit (the "Dwelling Unit") at 4560 Dominion Drive in Collier County, Florida which is proposed to sell for Eighty Five Thousand Four Hundred Dollars ($85,400.00); and WHEREAS, the Dwelling Unit will be owned by a moderate income household, and WHEREAS, Juan Rodriguez and Marta Rodriguez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated November 10, 1998 for deferral of impact fees for the construction of a house at 4560 Dominion Drive in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance 98-69; and Section 3.05 of the Educational Facilities System -1- Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a deferral of impact fees by qualifying for a deferral; and WHEREAS, Juan Rodriguez and Marta Rodriguez have qualified for a 75% impact fee deferral based upon the following representations made by Juan Rodriguez and Marta Rodriguez: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a moderate income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for deferral of impact fees to Juan Rodriguez and Marta Rodriguez for one (1) house which shall be constructed at 4560 Dominion Drive in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Juan Rodriguez and Marta Rodriguez, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191 ), in the following amounts for the one (1) house to be built at 4560 Dominion Drive in Collier County, Florida by Juan Rodriguez and Marta Rodriguez: Total Impact Fee 75% Deferred A. Library Impact Fee $ 180.52 $ 135.39 B. Road Impact Fee 1,379.00 1,034.25 C. Parks and Recreational Facilities Impact Fee: Regional Parks 179.00 134.25 Community Parks 399.00 299.25 D. EMS Impact Fee 14.00 10.50 E. Educational Facilities System $ 1,778.00 1,334.00 F. Water System Impact Fees 870.00 652.50 G. Sewer System Impact Fees 1.575.00 1,181.25 Total Impact Fees $ 6,374.52 $4,780.89 3. The deferral of impact fees by Collier County is subject to the execution and recordation of an Agreement for deferral of Collier County Impact Fees between the property Owner and the County. -2° This Resolution adopted after motion, second and majority vote favoring same. DATED: HAR 0 9, !999 ATTEST: <2~ ~ f. ~", BOARD OF COUNTY COMMISSIONERS DWIQHT E. BROCK~.CI~k,. , .. , [ ~ .~ -..:..: ,., .. ~.,r,f ~AI~EILA S. MAC'~E, CfiAIRWOMAN Attei~ Approved as to fo~ and legal sufficiency: Heidi F. Ashton Assistant Coun~ A~omey jd/c/reso/rodriguez -3- EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK 7, AVAVLON ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL REC HI 37.50 INTEROFFICE 4TH ~LOOR 03/11/19. 81 09:51AN DWIGHT I. BROCK, CLERK COPIES 8.00 HXT 7240 MAI i3 9 1999 AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this 77~ day of~t~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafier referred to as "COUNTY" and Juan Rodriguez and Marta Rodriguez, hereinaf~er referred to as "OWNER". WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance, Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance, the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69, and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time, hereinafcer collectively referred to as "Impact Fee Ordinance", provide for deferral of impact fees for new owner-occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance, and ., OR: 2522 PG: 1242 M"' "" q WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral, and WHEREAS, the COUNTY approved a deferral of impact fees for OWNER embodied in Resolution No. 99-/~ Vat its regular meeting of ~9'1~ ~. , 1999, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit")and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represems and warrants the following: a. OWNER maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the 2 ,, OR: 2522 PG: 1243 Dwelling Unit must be within the affordable housing guidelines established in the appendices to th~ Impact Fee Ordinance; b. OWNER is a first time home buyer; c. The Dwelling Unit shall be the homestead of the OWNER; d. The Dwelling Unit shall remain as affordable housing for fifteen (1 ~) years from the date th~ certificate of occupancy is issued for the Dwelling Unit, and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,374.~2; $4,780.89 is eligible for defeffal pursuant to th~ Impact Fee Ordinance. In return for the ~:5% d~f~rral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee d~f~rral qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER. If OWNER s~lls the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or rent~r, the Dwellinl~ Unit shall b~ sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must b~ utilized for affordable housing for a fifteen (1~) year period after the dat~ the certificate of occupancy is issued, and if the Dwelling Unit c~as~s to be utilized for that purpose during such p~riod, the impact fees shall be immediately repaid to th~ COUNTY. ?. LIEN. The defeffed impact fe~s shall be a lien upon th~ property which lien may be foreclosed upon in the ~vent of non-compliance with the requirements of this Agreement. 3 OR: 2522 PG: 1244 8. RELEASE OF LIEN. Upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement: (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact 4 · fees deferred shall constitute a lien on the Dwelling Unit commencing on the eft~e0 date of this Agreement and continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attomey's fees incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: /}r;,-.., Marta Rodriguez MAR i) 9 tggg 0R: 2522 P6:1246 STATE OF .. COUNTY OF . The foregoing instntment was acknowledged before me this ':'~.Z day of ~ , 1999, by Juan Rodriguez who is personally known to me, (or as identification). NOTARY SEAL ~ ~/- g{gnature of Notary Public STATE OF COUNTY OF The foregoing ins~ment w~ ac~owledged before me this; 7 day of~ , 1999, by M~a Ro~guez who is p~so~lly ~o~ to me, (or proi~~3~~To as identification). ,'2.,.6 GHTEj a eL; Clerk ~ZLLIER CO~TY, FLOMDA W~~ legal sufficiency Heidi F. Ashton Assist~t Co~ AReracy j ~ffa~ee/7 5%ro~guez 6 OR: 2522 PG: 1247 i~ 0 9 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK 7, AVAVLON ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 *** OR: 2522 PG: 1248 **~ March 9, 1999 Item #16A8 APPLICATION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION $25,000.00 ARTIFICAL REEF CONSTRUCTION GRANT Page 140 . FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ARTIFICIAL REEF PROGRAM 1999-2000 FISCAL YEAR .tAR ~ ~ Construction Grant Application I. Applicant Identification: Date received by DEP Applicant's Name: Collier County Artificial Reef PrOgram . Mailing Address: Natural Resources Department 330] East Tamiami Trail Street Address: Naples, Florida 34 I 12 Name of Contract Manager: Kevin H. Dugan Title: Senior Envi~ntal Specialisl Telephone: ( 941 ) 732-2505 FAX:( 94 I ) 774-9222 E_mail address: Kev inDu~an~ co 11 ie rgov. net Federal Employer ID Number: 59-6000558 II. Project Site Description: Name of Speci~c Reef Project: Doctors Pass 4.5 mile reef Name of Permitted Site: Doctors Pass 4.5 mile reef Name of Permit Holder (if different than applicant): Permitted Site is located in: State waters x Federal waters U.S. Army Corps of Engineers Permit No.: sPcP Expiry Date: 9/14/02 State Permit No.: ] 10 126358-002 Expiry Date: 4/9/03 State Submerged Lands Consent Letter No.: Propietary Review Expiry Date: 4/9/03 NOTE: All permit documentation (cover letter, actual permit, permit placard, application and drawings submitted with the application) for the proposed site must be included in Appendix 1. Permits must have an expiry date later than June 30, 2000. If the proposed site is in the process of being renewed, the applicant must submit copies all of application information sent to the U.S. Department of the Army,Corps of Engineers (including. cover letter, completed application form and all associated drawings). This office is aware that many permitted sites will epxire on January 19, 2000 and that applicants may not be able to provide the above referenced documentation. It is the responsibility of successful applicants to obtain valid permitted sites prior to any deployments funded under grants issued from this office. Failure to accomplish this task will result in requests for reimbursement being denied. Appendix 2 consists Of a drawing of the permitted site which contains the following information: 1. Compass rose; ~iAI~ 2. Scale; 3. Name of permitted site; 4. Dimensions (in feet) of the permitted site (length/width for polygons, radius for circular sites) 5. Area of the permitted site in acres and/or s uare nautical miles; 6. Center and corner coordinates in latitude/~on itude format from actual Global Positionin System readin s. Conversions from LORAN-C coordinates are not acce table. Make and moogel of the navig2~ional receiver used to veri the boundary coordinates must ~e supplied; 7. Directional orientation of permitt~site; 8. Minimum and maximum water depths for the permitted site; t 9. All previous deploymen s in the permitted site and the proposed deployment shall be shown on the drawing with a reference number; and 10. A table (on a separate page) which lists by reference number the date, type, amount of materials, and coordinates in latitude/longitude for each pdor deployment and the proposed deployment in the permitted site. SEE ATTACHED EXAMPLE Appendix 3 consists of a section of a NOAA nautical chart which contains the following information: 1. Chart name, chart number, and date of chart; 2. The section must show the coastline adiacent to the proposed deployment location; and 3. The bearing and distance (in nautical m~les) from a described navi ational marker or distinctive topographical feature (mouth of inlet) to the proposed deployment?~cation. SEE ATTACHED EXAMPLE III. Project Description: Amount of Grant Funds Requested: $ 25~000 Total Project Cost $ 28, _500 Type of Materials Proposed for Deployment: clean cor~crer_e Amount of Materials Proposed for Deployment: +300 tons No. of reef projects completed in 1998-99 I No. of reef projects planned for 1999-2000 2 is there a Marine Advisory Board which provides input on artificial reef issues? YES x NO (If yes, please describe in the Appendix 4 narrative - see below) ' Do you have a long-range artificial reef development planning document? YES :~ NO (If yes, provide a copy of the document in Appendix 4) Has a bottom survey for the deployment coordinates been accomplished? YES x NO (if yes, include a copy of the survey in th Appendix 4 narrative) (Note: Bottom surveys of proposed deployment locations must be provided prior to construction activities occurring). Appendix 4 consists of a detailed project narrative which outlines: 1. The applicant's objective for the proposed project; 2. The a plicant's artificial reef construction/monitoring budget (excluding funds from this grant) for 1998 inciu~in~g a description and amounts of additional funding by funding source; 3. A description of the Marine Advisory Board members and affiliations; 4. A copy of the applicant's long-range planning document (if available) showing the linkage of the proposed roject to the planning document; 5. Pi'he bottom survey methodology and results; 6. Details on any stability testing which has occurred for the proposed materials; 7. Whether the reef material has already been secured or donated (including letter(s) of verification); 8. The specific technique to be employed for material placement; and 9. A project time line. (V. Public Demand: (Note: Vessel information can be obtained at (8~[~4~1~11~1~1) No. of Existing Artificial Reefs in the Co. as determined by Separate Deployment Coordinates: 18 1998 1998 1997 No. of Registered Recreational Vessels over 16 feet in length 12,725 Data Year No. of Registered Fishing ChartedHead boats 122 Data Year No. of Saltwater Recreational Fishing License Holders: Resident - 1 year 3,0 1 ! Nonresident- 1 year 3,373 Data Year Appendix 5 consists of copies of a maximum of five (5)..current (less than 6 months from application d~te) letters and/or petitions demonstrating public su_o0ort for the s_oecific _project proposed for grant funding. Appendix 6 consists of the articles of incorporation, bylaws, tax status documents for applicants qualifying as nonprofit organizations, and written authorization for use of the permitted site. A letter of authorization to use permitted site)s) must also be included if applicant is not the permit holder. I certify that the above information and all appendices are true and complete to the best of my knowledge. Typed Name Pa.m, ela S. Mac'Kie Title Chairwoman, BCC Local Governmental or Nonprofit Corporation Signatory Authority: Signatur~ IlAR 0 9 1999 Date Address of the Board of County Commissioners or Nonprofit Corporation: 3301 East Tamiami Trail Naples, Florida 34112 Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Attest: ,~, t E. Brock, C~i~e~k. Attest as to ~,nam~a~ sl~ature ~l~. March 9, 1999 Item #16A9 RESOLUTION 99-165, SUPPORTING THE IMMOKALEE COMMUNITY,S EFFORTS TO RECEIVE STATE FUNDING TO SUPPORT THE ECONOMIC REVITALIZATION EFFORTS UNDERWAY IN THE DESIGNATED FEDERAL ENTERPRISE COMMUNITY Page 141 RESOLUTION NO. 99-~. ~5 A RESOLUTION SUPPORTING THE IMMOKALEE COMMUNITY'S EFFORTS TO RECEIVE STATE FUNDING IN THE 1999/2000 BUDGET YEAR TO SUPPORT THE ECONOMIC REVITALIZATION EFFORTS UNDERWAY IN THE DESIGNATED FEDERAL ENTERPRISE COMMUNITY. WHEREAS, the Federal Government has enacted, the Empowerment Zone/Enterprise Community Initiative designed to give distressed communities an opportunity for economic growth and revitalization; and WHEREAS, the Immokalee Community along with portions of Hendry County applied for designation under the Empowerment Zone/Enterprise Community Initiative in October 1998; and WHEREAS, the Board of County Commissioners supported, by adopting Resolution 98- 294, the Immokalee Community's efforts in building the Strategic Plan and to participate in its implementation; WHEREAS, the Immokalee Community along with portions of Hendry County was designated as an Enterprise Community in January 1999 which is targeted to receive $2.5 million over a ten year period; and WHEREAS, the Enterprise Community is seeking out support from the State of Florida to leverage the federal dollars received and to implement the Strategic Plan; and WHEREAS, appropriation requests have been submitted to Collier County's State Legislative Delegation to support the following projects that are all identified in the Strategic Plan: The creation of the Florida Empowerment Zone Program, funding request $250,000 annually for ten years, to support the implementation of the Enterprise Community Strategic Plan; The One-Stop Job Training Career Center, funding request $1.5 million, to provide increased accessibility to job training and job placement services in Immokalee; and The Lake Trafford Restoration Project, funding request $5 million, to restore the lake for environmental and economic benefits. AGEI~/A, ITEM PC. WHEREAS, the Board of County Commissioners of Collier Immokalee Community's efforts in receiving state appropriations to identified in the Strategic Plan; and County supports the implement the goals NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: THE BOARD OF COUNTY The Florida State Legislation enact the Empowerment Zone Program and commit State funds to the Immokalee Community's efforts to implement the Federal Enterprise Community Initiative by funding the projects identified above in this Resolution. SECTION TWO: This Resolution adopted after motion, second and majority vote this ~" day of i DWIGHT C: BRC~_,~, CLERK sl iture BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ..~ PAr~ELA S. MAC'KIE, CHAIRW(~MAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie M. Student, Assistant County Attorney AGENDA ITEM NO. ..... Pg._ March 9, 1999 Item #16B1 FUNDS FOR PROFESSIONAL SERVICES TO PERFORM THE THIRD YEAR OF POST- CONSTRUCTION MONITORING REQUIREMENTS FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT - IN THE AMOUNT OF $258,570.00 Item #16B2 CONTRACT CHANGE ORDER IN THE AMOUNT OF $2,791.59 TO ADVANCED LAWN AND LANDSCAPINGIS CURRENT CONTRACT (#96-2597) FOR LIMITED LANDSCAPE REFURBIS~/~ENT ON DORAL CIRCLE IN LELY GOLF ESTATES MSTU Page 142 NAR- 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 March 9, 1999 Item #16B3 BID #98-2906, PURCHASE & DELIVERY OF ORGANIC AND INORGANIC MULCH - AWARDED TO THE VENDORS AS INDICATED IN THE EXECUTIVE SUMMARY Item #16B4 BUDGET AMENDMENT TO PROVIDE FUNDING FOR RIGHT-OF-WAY ACQUISITION AND DESIGN SERVICES FOR THE AIRPORT-PULLING ROAD SIX LANE IMPROVEMENT PROJECT NO. 62031! CIE NO. 055 Item #16B5 WORK ORDER #ABB-FT-99-1 WITH AGNOLI, BARBER AND BRUNDAGE, INC. TO PERFORM AN EVALUATION OF THE ORIGIN OF ROCKS ON THE NAPLES AND COLLIER COUNTY BEACHES Page 143 IqAR- 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 March 9, 1999 Item #16B6 ANNUAL AGREEMENTS FOR ROADWAY CONTRACTORS' SERVICES ON AN AS-NEED BASIS, RE RFP-98-2905 - AWARDED TO HARPER BROTHER, INC., BETTER ROADS, INC.I APAC-FLORIDA, INC.i AND BONNESS, INC. Item #16B7 INSTALLATION OF PEDESTRIAN BARRIER HANDRAIL ALONG AIRPORT-PULLING ROAD AT PELICAN MARSH ELEMENTARY SCHOOL NOT TO EXCEED $3,000.00 WITH COUNTY DISTRICT SCHOOL BOARD FACILITIES PLANNING AND CONSTRUCTION DEPARTMENT PAYING AN EQUAL SHARE Item #16B8 TIME OF DAY WAIVER TO THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA IN CONFORMITY WITH SECTION 54-89 OF THE CODE FOR THE DREDGING ACTIVITES RELATED TO THE CLAM BAY RESTORATION AND MANAGEMENT PLAN Item #16B9 FINAL RANKING AS RECOMMENDED BY THE CONSULTANT SELECTION COMMITTEE RELATED TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD REVERSE OSMOSIS EXPANSION, RFP-2891, PROJECT NO. 70054 - AND STAFF TO PROCEED TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC. Item #16Cl RESOLUTION 99-166, AUTHORIZING EXPENDITURE OF FUNDS FOR A PICNIC TO BE HELD ON APRIL 17, 1999, TO REGOGNIZE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EMPLOYEES Page 144 RESOLUTION NO. 99- ~ 66 A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES TO BE INCURRED AT THE APRIL 17, 1999, COLLIER COUNTY EMPLOYEE PICNIC. WHEREAS, Collier County Ordinance No. 87-5 allows for the expenditure of County funds to enhance County employee productivity, promote and generate good will toward County government in the community, and to encourage increased employee responsiveness to the needs and requests of the citizens and residents of the County; and ~REAS, Ordinance No. 87-5 requires that the Board adopt and implement a Resolution setting forth the specific purpose of expenditures incurred pursuant to the Ordinance and WItEREAS, the Board, through its staff, is planning a picnic for Collier county employees and their families in recognition of outstanding service to the community by Collier county employees; and WIIEREAS, the Board hereby seeks to approve the expenditures for the picnic and to find that they serve a valid public purpose; and WItEREAS, the Collier County Clerk of Courts has conferred with the County Attorney's Office regarding the need for clarification about the specific expenditures which the Board of County Commissioners intends to approve as serving a valid public purpose, even if the expenditures are not clearly covered by the various expenditure categories set forth in Collier County Ordinance No. 87-5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: a valid public purpose and are also hereby approved. hereby approved are: Brownies Generator Rental Band Tents Clown Drinks Bounce House Cotton Candy Machine Pony Candy Food Catering The expenditures in the amount not to exceed $5,000.00 for the Collier County employee picnic to be held on April 17, 1999 are hereby found by the Board to serve The specific expenditures Cups Printing Snow Cones Grand American Games 2. The Board of County Commissioners hereby authorizes the disbursement of funds not to exceed $5,000.00 to pay for said expenditures. This Resolution adopted after motion, second and majority vote favoring same. DATED: 0 9 1999 .ATTEST: '::'"', ~;;~ 5:, ApprovedaS to fora and legal sufficien~_~ , ...... Thomas C. Palmer Assistant County Attorney H:tcp/Res. 1999 - Employee Picnic BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA March 9, 1999 Item #16C2 EXOTIC VEGETATION REMOVAL (#98-2892) AT COLLIER COUNTY PARKS - AWARDED TO NATIVE CREATIONS INC. IN THE AMOUNT OF $72,500.00 Item #16C3 BUDGET AMENDMENT TO PAY FOR TIPPING FEES ASSOCIATED WITH THE REMOVAL AND DISPOSAL OF AN UNSAFE BUILDING LOCATED AT THE SOUTH IMMOKALEE PARK - IN THE AMOUNT OF $15,000.00 Item #16C4 AMENDMENT TO THE 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE AGGRESSIVE SKATERS ASSOCIATION LLC REGARDING THE IN-LINE SKATE COMPETITION SCHEDULED FOR MAY 16-17, 1998 Page 145 FIRST AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE ASA PROPERTIES LLC REGARDING THE IN-LINE SKATE COMPETITION SCHEDULED FOR MAY 16-17, 1998. THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this _~ay of~1999, by and between ASA Properties LLC, hereina~er referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinaf~er referred to as "COUNTY." RECITALS: WHEREAS, the GRANTEE and the COUNTY entered into a 1998 Tourism Agreement dated May 5, 1998 (the "Tourism Agreement") in the amount of $40,000.00; and WHEREAS, the COUNTY desires to fund expenditures incurred prior to the effective date of the Tourism Agreement: and WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 3 to the Tourism Agreement shall be deleted in its entirety and replaced with the following language: ELIGIBLE EXPENDITURES: Eligible expenditures described in Section 1 will be paid by COUNTY, and the COUNTY expressly authorizes the payment of expenses incurred by GRANTEE between March 25, 1998 and May 4, 1999. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 2. Except as set forth herein, all of the terms and provisions of the Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ~//.~"'~/f BOARD OF COUNTY COMMISSIONERS "~).W'I~'.~,T. E: ZBI~ocK, Clerk COLLIER COUNTY, FLORIDA WITNESSES: GRANTEE ASA PROPERTIES LLC Printed/Typed Name (corporate seal) Approved as to form and I{?Z su cienc Heidi F[ A~ht/3n' ' Assistant County Attorney h:hg/hfa/99 tdc agreement/l" Amendment ASA Properties LLC re In-Line Skate Comp. 2 March 9, 1999 Item #16D1 AUTHORIZATION OF THE SALE AND DISPOSAL OF ALL SURPLUS COUNTY-OWNED ITEMS AS REFLECTED IN THE EXECUTIVE SUMMARY - SURPLUS AUCTION SCHEDULED FOR SATURDAY, MARCH 27, 1999 Item #16D2 AGREEMENT WITH FUTURE isT GLOBAL, INC. FOR THE PUBLICATION OF A COUNTY GOVERNMENT INFORMATION GUIDE Page 146 AGREEMENT This Agreement is effective this ~ day of~/~?by and between Future I st Global, Inc., a Georgia Corporation, having officJes at 2623 Sandy Plains Rd., Marietta, GA 30066 (hereinafter referred to as the PUBLISHER), and Collier County, having offices at 3301 East Tamiami Trail, Naples, FL 34112 (hereinafter referred to as the C LI ENT). WITNESSETH: WHEREAS, it is the intention of CLIENT and PUBLISHER that they shall combine their efforts to cooperativelylpublish a Collier County Guide under the terms and conditions described herein; and WHEREAS, such promotional publications may include descriptions of the unit's governmental structure, transportation, infrastructure (i.e., sewerage and water facilities), environmental features, recreational facilities and activities, health services, educational facilities, social services, communication facilities, cultural facilities and activities, demographics,-hotel and conference facilities, professional services, utilities, financial services, profiles of the larger employers, real estate, construction, retail shopping facilities, and the like, said promotional publications being referred to herein collectively as a Collier County Guide; and WHEREAS, PUBLISHER would prepare, print and deliver copies of the Collier County Guide at no cost to CLIENT. deriving its revenues from the sale of advertising; and WHEREAS, the CLIENT desires to engage PUBLISHER to prepare a Collier County Guide for it; and WHEREAS, PUBLISHER desires to prepare a Collier County Guide for the CLIENT; NOW,THEREFORE, in consideration of the covenants and promises herein provided, the parties agree:' I. PERFORMANCE 1. PUBLISHER shall provide, at no cost or expense to the CLIENT (except as expressly set forth herein) a Collier County Guide. 2. PUBLISHER shall provide all editing, typesetting, prepress, printing and advertising at its sole cost and expense. Said Guide shall be of professional quality & standard. 3. PUBLISHER shall retain all revenues derived from the sale of advertising as- compensation for the creation of a Collier County Guide. Copies of the Guide will be free of charge to COllier County. PUBLISHER shall make clear to prospective advertisers that ad placement is entirely voluntary and that the decision as to whether to advertise or not would not affect their relationship with the County. PUBLISHER shall bear sole responsibility for receiving payments for advertisements and ensuring that said payments result in the. advertisements being placed in the Collier County Guide: The County shall have no liability whatsoever for PUBLISHER'S failure to publish advertisements in the Collier County Guide. 4. The completed Collier County Guide shall include a coated cover in a four- color format. Text pages shall be printed on a coated stock. 5. The total number of editorial pages will equal or be greater than the total number of advertising pages. The inside editorial pages will be printed in black and white. 6. It is expressly understood that any right, title and interest in, and to any copyright in, the Collier County Guide is hereby retained by PUBLISHER. 7. PUBLISHER shall deliver to the CLIENT a number of copies based upon the following schedule: 15 pages of advertising sold - 3,000 copies 20 pages of advertising sold - 4,000copies 25 pages of advertising sold -5,000 copies. For each increment of ten (10) advertising pages (or shortfall) 2,000 copies will be added to (or deleted from) the total. , 8. PUBLISHER shall refrain from soliciting or accepting political advertisements, advertisements with lewd and lascivious messages, or advertisements of a sensitive social nature which may be construed as expressing an opinion of the administration of Collier County. Collier County shall maintain control and approval in all areas of design, advertising and editorial content. I1~ THE CLIENT'S PERFORMANCE 1. CLIENT shall provide an original letter of support from the County C.E.O. on official letterhead having the copy set forth to describe the Guide to the business community; and from time to time any additional letters as may be deemed reasonably necessary by publisher, which are acceptable to CLIENT. PUBLISHER requests the CLIENT provide this letter of support within 7- 10 days of the contract signing. 2. The CLIENT 'shall provide PUBLISHER with an assortment of photographs to be used on the front cover and within and throughout the text. 3. The CLIENT shall provide PUBLISHER with a current list of vendors with respective phone numbers. 4. The C LI ENT shall use its best efforts to otherwise facilitate and enhance the success of the project. III. MISCELLANEOUS 1. Any notice or statement by either party shall be deemed to be sufficiently given when sent by prepaid, certified mail, return receipt requested, to the other party at its address set forth herein above. These addresses shall remain in effect unless another address is substituted by like written notice.' 2. No amendment or modification of the Agreement shall be valid or binding unless the same shall be made in writing and signed on behalf of each party by their respective proper officers duly authorized to do so. 3. The Article titles of the Agreement are inserted for convenience only and shall not be construed as limiting in any manner. MAR 0 9 '!9~ 4. a) The failure to enforce any of the terms and conditions of this Agreement by either parties hereto shall not be deemed a waiver of any other right or privilege under this Agreement or a waiver of the right to thereafter claim damages for any deficiencies resulting from any misrepresentation, breach of warranty, or nonfulfillment of any obligation of any. other party hereto.. b) In order for there to be a waiver of any term or condition of the Agreement, such waiver must be in writing and signed by the party making such waiver, 5. Hold Harrrdess - The PUBLISHER agrees to indemnify and hold harmless the County and ,its officials, agents and employees from all claims, damages, liabilities, judgments, losses,. expenses or suits of any nature whatsoever arising out of, because of, or due to the breach of this agreement by the PUBLISHER, its delegates, agents or employees, or due to any act or occurrence of omission or commission of the PUBLISHER, including but not limited to costs and a reasonable attorney's fee. The County may, at its' sole option, defend itself or allow the PUBLISHER to provide the defense. IV. TERM OF AGREEMENT The duration of this multi-year contract shall begin on the day that both parties shall have signed the contract. This multi-year contract shall expire on December 1, 2001 or on the date of delivery to C LI ENT of the third annual edition of the Collier County Guide, whichever date is later. During the term of this agreement there will be an issue of the Collier County Guide printed and distributed each year beginning with the 1999 edition. Either party shall have the right to terminate this agreement for any future year in writing within 30 days following receipt of the current year's edition of the County Guide. IN WITNESS WHEREOF, the PUBLISHER and the CLIENT, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , , At~est'*'as'~ t~' slgaature M}3, Future 1 st Global. Inc. Publisher First Witness Signature Type/print witness name //~;~--~--~~ David Turkat. Ph.D. Executive Vice-Presiden~ S~ond 'Witness Typed signature and title Type/print witness name Approved as to form and legal sufficiency: Assistant County Attorney March 9, 1999 Item #16D3 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE Page 14 7 *** 2446086 OR: 2522 PG: 0391 RBCORMD il~ O, IClAL HCORDS of COLLIBR COUN?Y, ~L This instrument prepared by: 03/11/1999 at 08:lgltM DWIGHT B, BROCK, CLBRK HC HR 6.00 Heidi F. Ashton C0HSS 1.00 Assistant County Attorney Rata: 3301 East Tamiami Trail INT~R0,lCB 4TH FLOOR Naples, Florida 34112 H~ 7240 (941) 774-8400 Property Folio No. 36447400004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Kathy E Mullen Estate c/o Donna Atkins, EXE 1234 White Oak Stamping Ground KY 40379 The Lien was recorded on 03/27/97 in Official Record Book 2299, Page 1055, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 252, UNIT 7, GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfactionipf Lien, by action of the Board this ~ day of ~4~ ,1999. ATTEST:~''' "!'=': ;".' .":' ~. ~' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK; Clerk COLLIER COUNTY, FLORIDA , . ,~..... ......:. , ~ ~ By: Attest'as -~Cha 1 ~an'~ · ' st~a~ure on17, Approved as Lo ~orm ~nd le~a] su~cienc~ RBCORDBD in O~FICIAL RBCORDS of COLLIBR COUNTY, 03/11/1999 at 08:19AM DWIGHT This instrument prepared by: RBC HS 6.00 COPIBS 1.00 Heidi F. Ashton Retn: Assistant County Attorney CLSRK TO TBS BOARD 3301 East Tamiami Trail sx~ 7240 Naples, Florida 34112 (941) 774-8400 Property Folio No. 57648760001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Andi Pearson Carol Irving 5226 Don Pio Drive Woodland Hills, CA 91364 The Lien was recorded on 06/09/94 in Official Record Book 001955, Page 002225, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred and Eighty Five Dollars ($585.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 184, OF MARCO BEACH UNIT SEVEN, A SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this action of the Board this 9-~day of '~ ,1999. Satisfaction of Lien, by ATTEST~ · BOARD OF COUNTY COMMISSIONERS DWIGHT' E. BROCK,~Clerk COLLIER COUNTY, FLORIDA 'L.'.,' ' ' ("" AMELAS.~MA AtteSt, as to. Chat~'$ Approved as to form and legal sufficiency 2446088 0R: 2522 PG: 0393 HCORDID ill O~HCIA~ HCORDS of COLLIER COUN~L ~L 03/11/1999 at 08:19AM DWIGHY I. BROCK, CLBRK This instrument prepared by: RBC FBB 6.00 COPIIS !,00 "'": 160 Assistant County Attorney CLHK ~0 ~HR BOARD Office of the County Attorney IMY~ROHIC~ i~ ~LOOR 3301 East Tamiami Trafi BIT 7240 Naples, Florida 34112 (941) 774-8400 Property Folio No. 66930680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sfias Bacon P. O. Box 178 Everglades City, FL 33929 The Lien was recorded on 06/28/91 in Official Record Book 001628, Page 000711, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Seventy-Five Dollars ($275.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, PINE GROVE SUBDIVISION OF THE TOWN OF IMMOKALEE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ~'7~~ ,1999. ATTEST: "'~':~* 'f:::';!' ' ' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCKj:.Clerk COLLIER COUNTY, FLORIDA . :::'- :/!~'~;i~.:;~;~,!..:.,='., ::. L~ y~~/~_R~W~~ Attes "'' "' ....~ ~/~:Z2 e B · signature on13~_;i,, ', Approved as to form and legal sufficiency 244 089 OR: 2522 HC0RDBD In OffICIAL HCORDS of C0LLIBR C0UN?Y, Thi~ ins~rumen~ prepared by: 03/11/1999 R 08:19~ DWIGHY Heidi F. A~hWn RSC HS 6.00 C0PISS I. Office of the County Attorney CL~RX T0 TH BOARD 3301 East Tamiami Tra~ INTBR0fflCSiTS ~L00R Naples, Florida 34112 BIT 7240 (941) 774-8400 Property Folio No. 61834920007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lloyd G Sheehan 5600 N Tamiami Tr Ste 1 Naples, F1 33963 The Lien was recorded on 08/18/94 in Official Record Book 001977, Page 001705, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Eighty Dollars ($280.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: A PORTION OF LOT 38, NAPLES GROVE & TRUCK CO'S LITTLE FARMS NO.2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through ' ' , ' ' ' t.h79 BOARD OF COU~ COMMISSIO RS ~ By: AtteS't,"aS.' to :Cha t.~' ~ Approved as to form and legal sufficiency iMAR ~ g IclCl~ *** 2446090 0R: 2522 PG: 0395 *** HCORDZD In O~rICIAL RECORDS of COLLIER COUN~L ~L This instrument prepared by: 0~/11/1999 at 08: 19aM DWIGH~ S. 8ROCK, CLXR[ Heidi F. Ashton RSC us 6.oo COPIMS I. ~0 Assistant County Attorney Retn: 3301 East Tamiami Trail INTBR0~EICH4YH ELOOR Naples, Florida 34112 sx~ 7N0 (941) 774-8400 Property Folio No. 50891480009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pal Martonosy 1243 10th Ave N Naples, F1 33940 The Lien was recorded on 08/18/94 in Official Record Book 1977, Page 001730, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Sixty Five Dollars ($265.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 52, HOLLY TERRACE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~6 day of 'Y~~ ,1999. BOARD OF COUNTY COMMISSIONER D~WIGHT'E.B'ROCK, Clerk COLLIER COUNTY, FLORIDA s. L4 C'K E, CHaR O gnatU~e..on] y. ' ' ~. Approved as to form and legal sufficiency .MA~ 0 9 *** 2446091 OR: 2522 PG: 0396 HC0RDED in 0~IClA~ HCORDS of COLLIER C0U!l?~, ~L This instrument prepared by: 03/11/1999 a~ 08:1~ DlilGllf S. BR0C[, CLSRK Heidi F. Ashton Hc FEB 6.00 COPIES I. O0 Assistant County Attorney Ran: Office of the County Attorney CLIRI TO ?Ha BOARD Naples, Florida 34112 SlY 7NO (941) 774-S400 Property Folio No. 36324160001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Vito A Dipalma & Theresa M. Dipalma, Leonardo A. Dipalma 6860 Appleby Dr Naples, Florida 33942 The Lien was recorded on 12/30/96 in Official Record Book 2266, Page 0172, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, BLOCK 225, UNIT 6, PART--, GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of k~a~Le-~,-/ ,1999. ATTESTi':: .~!!.~".'~:i....::. BOARD OF COUNTY COMMISSIONERS DW. IGHTE. BROCK, Clerk COLLIE OUNTY, FLORIDA ~~,~. 4g By: ELA . ~' ' ' , Appro~ed a~"to form and legal sufficiency .-{ - This instrument prepared by: HCORDBD in OHICI/tL HCORD$ ~3/11/199g at ~8:19111 DIIIGH~ Heidi F. Ashton RJC UJ 6.00 Assistant County Attorney C0pINS I. 00 Office of the County Attorney Retn: Naples, Florida 34112 INT~RO~IC~ 4TH ~LOOR (941) 774-8400 H? 7210 Property Folio No. 77210440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Doris G Hathaway & Marlene V York 25 Cheyenne TRL Naples, Florida 34113 The Lien was recorded on 06/22/98 in Official Record Book 2432, Page 2512, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred and Forty Dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 2, TRAIL ACRES UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ay of '~//~ ,1999. ~TT,_E, T.:,~ .;,~.!~i''-!' ', '-'~.:,'., BOARD OF COUNTY COMMISSIONERS D.W!..~,~iE~,:~,.R, gC~Clerk , COLLIER OUNTY, FLORIDA Approved as to form / and legal sufficiency 2446093 OR: 2522 PG: 0398 ~SC0~gSO in OfflClaB R~C0RD$ 0~ COLLIER C0UN~L ~ This ins~rumen~ prepared b~: 0~/11/1999 a~ 08:19~ DWIGS~ S. BROCL l!C ~B~ 6.00 Heidi F. Ashton c0nss 1.oo Assis~an~ Coun~ A~orne~ Re~n: Office of ~he Coun~ A~orne~ CLSRi T0 THS BO~ Naples, Florida 34112 !IY 7240 (941) 774-8400 Property Folio No. 55700040001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Guy J Iarussi Et Ux 788 Park Shore Dr Apt F-25 Naples, F1 33940 The Lien was recorded on 07/27/98 in Official Record Book 2444, Page 2406, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Thousand Five Hundred Fifty Dollars and Fifty Cents.($3,550.50), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ALL OF LINDA PARK, EXCEPT LOTS 38, 39, 40, 42, 43 AND 44, A SUBDIVISION OF LOT 51 OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, LESS STATE ROAD RIGHT- OF-WAY Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording f this Satisfaction of Lien, by action of the Board this c~:~;:~alay of ~ ~ ,1999. - -/ Approved as to form and legal su~ciency 2446746 OR: 2522 PG: 2281 RleCORD]D ~n OHICI~L R~CORDS Of ~OLLIBR ~O~JM~Y, ~!, 0~/11/1999 a~ 04:14P14 D~IGHY B. BROCK, CLBR~ R~C FBB H. O0 COPIBS 5.00 This instrument was prepared by: Re~n: Kenneth B. Cuyler, Esquire CLBRK 70 TH] BOARD 6 Roetzel & Andress, INTIROHICB 471i FLOOR 1 A Legal Professional Association BIT 7H0 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 (941) 649-6200 (Space above this line for recording data) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA ) ) Petitioner, ) ) vs. ) CASE NO. CEB 97-020 ) Grace Zdravkovic, Trustee and ) William Zdravkovic, Trustee, ) ) Respondents. ) ) ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on December 14, 1998, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing and furnished to Respondents. (See attached Exhibit "A") Said Order required Respondents to take certain corrective action by a time certain as more specifically set forth in this Order. Affidavits of Non-Compliance, bearing the dates of November 18, 1998 and December 9, 1998, have been filed with the Board by the Code Enforcement Official, which Affidavits certified under oath that the required corrective action has not been taken as ordered. On June 25, 1998, the Board issued an Order Imposing Fine/Lien for the period of non- compliance from December 27, 1997 to June 11, 1998 in the amount of EIGHT THOUSAND THREE HUNDRED and NO/100THS DOLLARS ($8,300.00). Said Order is recorded in Official Records Book 2450, Page 2129, of the Official Records of Collier County, Florida. The purpose of this Order is to evidence additional fines which have accumulated. Accordingly, it having been brought to the Board's attention that Respondents has not complied with the Order dated August 28, 1997, it is hereby 0R: 2522 PG: 2282 ORDERED, that the Respondents pay to Collier County a fine in the amount of SEVENTEEN THOUSAND FOUR HUNDRED and NO/100THS DOLLARS ($17,400.00) for non-compliance with the Board's Order of August 28, 1997. This fine is for the dates of December 27, 1997, to December 9, 1998, at the rate of $50.00 per day. IT IS FURTHER ORDERED, that a fine of $50.00 per day continue to accrue until respondents comes into compliance or until Judgement is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09, Florida Statutes. This Order shall be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property described in Exhibit "A" and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 14th day of December 1998, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA By: ~t'/tT~Z ar_.,_~..rman CliffordrFler/d, J STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ,,~F~day of January, 1999, by Cliffo W. Flegal, Jr., as Chairman of the Code Enforcement Board of Collier County, Florida, who ~personally known to me or who ( ) has produced as identification. ~ i OFFICIAL NOTARY SEAL , , <sEAL.> i .. o09 ssion Expires: ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Fine/Lien has been furnished by U.S. Mail service to Respondents, Grace Zdravkovic, Trustee, and William Zdravkovic, Trustee, at 1061 29th Street S.W., Naples, Florida 34117, on this the2a-F day of a4m~n.], 1999. Kenneth B. Cuyler Attorney for the Code oard Collier County, Florida 159796 I.WP$ Illl!lll It II:llll Ill{IT I. IlO~!. Ctlll ~is iresmacro wu CQHIS Richard D. Yovanovich. ~quifc Roctzcl & Andross. ""'""""" 160 850 Park Shore Drive lit Trianon Centre, Third Fl~r Naples. Florida 34103 (94 i ) ~9-62~ {~pa~q a~vV lids Ijn~ rer t~nrdinn dstaT CODE ENFORCBI~ BOARD COLLIER COU~Y, ~ORIDA BOARD OF COUNTY CO~IMISSIONE~ ) COLLIER COUNTY, FLORIDA. ) , Petitioner, ) } CASE NO. CED 97~20 vs. - ) ) GMCE ZD~VKOVIC, Trustee. a~ ) WILLIAhI ZDMVKOVIC, T~stce } Ru~ents. ) CURRE~D FINDI~GS OF FALl, CONCLUSIONS OF ~lV ~D ORDER OF TI~ DOA~ TIllS CAUSE cane on fat public hearing ~fofe the Beard on August 28. IWT. a~ the Board having heard tulimony u~cr oath. f~civ~ cvidc~c. ~ heard argoram fcs~i%'e to all appropriate ~ttcfs. thcfeu~n bsuu its Fitclings uf Fact, Co~lusioM of FINDINGS OF FA~ i. That Grace Zdfavkovic, T~stcc. feeold of the subject probity. 2. ~:at the C~e Enforcement Board tIM jurisdiction of the pfson of the Resident a~ that Willi~ Zdfavkovic wu present 3. All notira requited by Collier Coumy Ofdi~c No, 92-80 lave ~en pfo~rly issue. 4. ~at tile 19, according to the plat thereof tKotd~ in Plat O~k 1. PaIo 77 ~ 18 or ~e hblic R~otds of Collier County, Florida, is in violaliu, of Section 3.9.3 of Ordi~i~c No. 91-1U~, u anent, due to the unlawful removal of vc8ctalion. CONCLUSIONS OF LAW I. That Respondcats arc in violation of SKiion 3.9.3 of Collier Coumy Ordi~ce No. 91 - 102, u ame~cd. the Collier County bad Ucvdopmcnl C~e. ORDER OF Tile BOARD Ou~ upon the foregoing Fi~ings of Fact a,~ Conclusio~ of bw, ~ pursuanl to ~c authority gtulcd in Chapter 162. Florida Slatales. a~ Collier County Otdi~ncc No. 92-60. it is hereby /0R: 2398 PG: 09C3 0R: 2390 PG: : I. That mite Respondent correct the violation of SKiion 3.9.3, Collier County Ordi e~. I/j 91-102. u ~ncud~. in the followinS mam~cr: !999 A. Qblain =v=lid buildinl permit from Collicr Cgunly, Florid=; and D. Subntit and obtain approval or a mitigation plan. 2. ~aat said correcttoM be completed on or bcrofc the 26th day or December, 1997, a~ if Rupo~cnt dou not comply with dds Order on or ~rofe t~t date, then a~ in that cvcm Rupo~cnt is hereby ordered to pay a fine of $5U.~ ~r day for each a~ cvc~ day any violation dcscri~ heroin cominuu put said date. ' Failure to comply with the Ocdcr within the s~i~ time will ruult in the fKofdadon o( a lien pursuant to ~ptcr 162, Florida Statutu, which my h fot~losH, a~ Ru~cnt's pfo~ny sold to enforce the lien. DONE AND ORDERED this 28th day ur August, 1W7, at Collier County, Florida. CODE ENFORCEMENT DOARD COLLIER COUNTY, FLORIDA Mi . a~airman STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) C The fufcgoing instrument was acknowledged before me this IJlh day o( September, 1997, by Mifcya Luuvicfe. as Cleatheron of Ihc Cede Enforcemet Doatd of Collier Coumy, Florida, who is *'/ ' ' personally known to me of ,., who I,as produced . · . as idcmification. · ~t,.,.~,.,t'K 1'40 R'Y P 33 .... %I II,XltI rLItt lk~*%'T,xl l, LIt I,l,fkllgll}A ,xt~ t't,txlx}R,4nxlU' ttt't I.t i~ul {Type or Pfintl cx: bay Conunission Etpires: I HEREBY CERTIFY that a mac and correct copy of the above all[ foreloini Findinls of Fact. Conclusioa of Law. and Order of the Board ha been furnished to Respondtries. Glace Zdravkovic tft~ William{ Zdravkovic. Tattees. 1061 29th Slreet S.W.. Naples. Flolida 34 1 1~. and Maria Cruz. Code Enforcement Specialist. 28130 Nor{It I/olseshoe Delve. Naples. Florida 34 IO4. on this I~th of September. 1997. Richaid D. Yovanovich Attorney for the Cndc Enforcement Board Collier County, Florida ~ · It is the responsibility of tl~c Rcs~ondcnts to notify the Code Enforcement Board through the Collier County Compliance Services Department. 261.YJ Hu:th Ilosscshoc Drive. Napks. Flu{ida 34 1134. and satisfactorily demonstrate titat the violation has ceased. Its 20 9513 OR: 2fl6 00!2 tit ,_ =,. ......... ,.~., IS/HIlt it 11:1111 ItlClt I. rral IlliS.IS C~lifar Count7 TLtie C~apany L~ f11 I.II z~, C~.,,,~ ~ is,. s.,-. o kx:-.tl ill. II htJ: 375416000Q0 LUllS IL THIS WJk,qPJU~'TY DEED. ~ t~e/~I'L'7~, N AOrll kt). 1991 ~ THOI,LkS E, HERRING I~(i IRENE T. HERRING. husband end rote ,~... eeee .4 F-Me,'~..aN eats eel. ed.a,~s . 17122 9111 Trflor Roe(I. Lithe. FIGfide 33547. ,a GRACE ZZ)RAYXGVIC and WlI..ULM Z~RA%'KO VIC. Tr~eteee u/wd MrI, 27. 1193' ...-mm' s~.= me, · P O. 641 S40T101. Mteml. Florida 33254.-43'91 k,,,.~,w Bee Trk-I No. 21. GC)4,DEN GA,'J ES'TATT, S. Umt No. 11 KWd,hq a ~ peal thefeel ee'~ded In P~at ~ 7. Pli~ee T? led 71 el ~ PNaOiK ilSCOeel; el C,lillle~ C,~Arf. Fk~idl SMt:q~cl IO eminent1, fleVlCl. iQl~l I/l(I ellll"~M 0f flC,0ed I~ J9 Nee I'o# °e,l,% I~all power lad Iblh4flty III,h4f la peelaCt, COnserve lad 1O tall, di' March 9, 1999 Item #16D4 - Moved to Item #8D2 Item #16E1 BUDGET AMENDMENT 99-168 Item #16G1 SATISFACTION OF LIEN DOCUMENTS FOR SERVICES OF THE PUBLIC DEFENDER Page 148 *** 2446932 OR: 2522 PG: 2841 RBCOIDBD in OFFICIAL RBCORDS Of CeLLIRa COUNTY, FL 03/12/1999 at 09:24All DWIGHT a. BItOG, CLaRa aRC FR! 6.00 Rein: O. SHIBR r4Al - 9 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: Singletary, Audie Craig CASE NUMBER: 98-06739MMA DOB: 08/19/57 For services of the Public Defender, beating the date of the 271h day of October, 1998 recorded in office of the Clerk of the Circuit Court of Colli6r County, Florida, securing the principal sum of $40.00, under Final Judgement and Order recorded in Official Record book 2484, page 1587. 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. ,, ExeCfftgdf~is' . day of O/x-~-J¢/ , 1999, ~'. ' ATTE,STi~ 7!~!'~',:' '. '. ( BOARD OF COUNTY COMMISSIONERS ..... '. . ', ...:%::'7 ':: '~, COLLIER COUNTY, FLORIDA ,, ' Cle~,/k'o,'.f Circuit Court B s fi f ' U V' s { cf i' n legal sufficiency PREPARED BY: ""' ~')'C~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 /D~.x [AA,t.~""~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney 2446933 0R: 2522 PG: 2842 letn: ClSHIIR lIAR - 9 1999 SATISFACTION OF LIEN FOR SERVICES OE 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: Falcone, Giancarlo-AKA Giancarlo,Falcone CASE NUMBER: 97-02907MMA DOB: 10/16/48 For services of the Public Defender, beating the date of the 1st day of September, 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 2470, page 3290. 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. ,A E T:" . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ·" _ . aPrneh~~ ._ . Clerk of Circuit Court ' BY Chairwoman Approved as to form legal sufficiency ~tt~s~: a~ t~ C~,~d'~n',x. PREPARED BY:  ~.~&.~ CLERK OF THE CIRCUIT COURT $t tlr~ 0 ,~ P.O. BOX413044 C) ~%tx. . NAPLES, FLORIDA 34101-3044 Assistant County Attomey *** 2446934 OR: 2522 PG: 2843 *** RICORDBD in OffICIAL RICORDS of COLLIBR COUNTY, IL 03/12/1999 at 09:24AM DWIGHT B. BLOCK, CLURK RBC FEB 6.00 Rein: CASUIIR MAR - 9 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: Fortester, Calvin Jr.-AKA Fortester,Calvin J CASE NUMBER: 98-02083MMA DOB: 11/14/44 For services of the Public Defender, bearing the date of the 291h day of April, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $40.00, under Final Judgement and Order recorded in Official Record book 2422, page 0975. 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 9'5~, day of '7~~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: I ' 15ar;ae"[S."~ac~l~ie ~ / -Attest as to Chairman': Chairwoman ignature on!J~. ~pprovcd as to form legal sufficiency PREPARED tt?m(~e!L~ CLEP, X OF THE CIRCUIT COURT ~ P.O. BOX 413044 n~C~ou~n~ NAPLES, FLORIDA 34101-3044 Assista A *** 2446935 0R: 2522 PG: 2844 IIICORDBD in OffiCIAL RBCOIDS of COLLIB! ~OUNfi, [L 03/12/1999 at 09:2IAH DMIGHT B. BROCK, CLKRK BC flK 6.00 Rein: CASHIll MAR - 9 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: Forste, Albert Edward CASE NUMBER: 98-06890MMA DOB: 01/06/42 For services of the Public Defender, bearing the date of the 17th day of September, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2470, page 3299. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of ~m.~l../ , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~' f BY P Chairwoman Attest as to Chatman'$ AM~r~M~M,~ fS~.gal sufficiency PREPARED BY: ?6~aC{ff CLERK OF THE CIRCUIT COURT """' ..._. P.O. BOX 413044 aLrCoV~unty NAPLES, FLORIDA 34101-3044 Assist Attorney 2446936 OR: 2522 P6:2845 IICO RI)!~ in OIIIClIL I!ClIRD~ ~ COLtIll !!C ~!! ~,~ Retn: 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: Morley, Paula Mae CASE NUMBER: 98-00602MMA DOB: 11/24/65 For services of the Public Defender, bearing the date of the 1st day of April, 1998 recorded in office of the Clerk of the Circuit Court of Collier C6unty, Florida, securing the principal sum of $40.00, under Final Judgement and Order recorded in Official Record book 2416, page 3015. 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 ~j2~ day of ~~, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Clerk of Circuit Court B Chairwoman ~tt~st a~ to PREPARED BY: CLERK OF THE CIRCUIT COURT ]~ ~'~d P.O. BOX 413044 ~ ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney 2416937 0R: 2522 PG: 2816 IICORDID in 0~HCIAL RBC01DS Of e0LLIIR COUNTY, FL 03/12/19. at 09:24AM DUlGBT a. BROCK, CLARK HC BI 6.00 Beth: 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: Ramirez, Jose Luis CASE NUMBER: 98-01586MMA DOB: 10/11/67 For services of the Public Defender, bearing the date of the 3rd day of March, 1998 recorded in office of the Clerk of the Circuit Court of Collidr County, Florida, securing the principal sum of $40.00, under Final Judgemerit and Order recorded in Official Record book 2400, page 1583. 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 C2y~ day of ~7/~~1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attast ax to Chslman'z COLLIERCOUNTY, FLORIDA sig~tature only. "/ 'Clerk of Circuit Codgrt~ BY: Chairwoman Approved as to form legal sufficiency PREPARED BY: ~')aj. LL'i.,t~ CLERK OF THE CIRCUIT COURT ~ P.O. BOX 413044 l bX/VX NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446938 OR: 2522 PG: 2817 R!C0RI)!I) ia 011IClIL IIC0RI)8 0i COLLIII C0gl~, IL 03/12/111t at I)t:lllll illllG!ff !, BR0Cl, CLIRI !IC 111 6,00 letn: OISHIIR HAR - 9 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: Soto, Valente CASE NUMBER: 98-00887MMA DOB: 12/26/77 For services of the Public Defender, bearing the date of the 20th day of July, 1998 recorded in office of the Clerk of the Circuit Court of Collier Cbunty, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2450, page 3 151. 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 92/~ day of '7~71~d--~ , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' / 'Clerk of Circuit Ci~'ur~ ' BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: a/L/""' CLERK OF THE CIRCUIT COURT P.O. BOX 413044 K/~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2116939 OR: 2522 PC-: 2848 *** HCOIDID in O~ICI~L IICORDS of COLLIRI COUNTY, ~L 03/12/199) at 09:21A!1 DelIGHT S. BROCK, CLARK R!C HI 6.00 Rein: C~SHIIR MAR - 9 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: Lopez, John CASE NUMBER: 97-06604MMA DOB: 02/24/71 For services of the Public Defender, bearing the date of the 2nd day of December, 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 2490, page 1631. 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 9Z:i6 dayof ~fl/~~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attest ~s t~ Ch~i~a,n': COLLIER COUNTY, FLORIDA signature onl ,'~. Ulerk of CiXcuit Cofir( BY: Pamela S. Mac'Kie · Chairwoman · Approved as to form legal sufficiency PREPARED BY: L CLERK OF THE CIRCUIT COURT """ P.O. BOX 413044 I ~) ~ ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446940 OR: 2522 PG: 2849 ~CORDBD in OffiCIaL !!CORM of COLLIB[ CQUFH, ~L 03/12/I.9 at O~:24111DWIGHT I. BROC[, CLIRK RBC ~l! 6.00 Rein: eISHIIR MAR - 9 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: Ortega, Abigail CASE NUMBER: 98-05482MMA DOB: 01/27/80 For services of the Public Defender, bearing the date of the 9th day of November, 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 1583. 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 9/~ day of ~ , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attest as to Chaiman' s COLLIER COUNTY, FLORIDA signature on!y, :Pamela S.~~ ~ / ~le~k of Circui~ Cour~" ' B Chairwoman Approved as to form legal sufficiency PREPARED BY: '0C CLERK OF THE CIRCUIT COURT ("""' P.O. BOX 413044 }~Vx4, ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446941 OR: 2522 PG: 2850 *** RICORDBO in OffiCIAL RBCORDS o[ COLLIB! COUNTL FL 03/12/19S9 at 09:24A! DWIGHT S. BROCl, CLBRI !]C fq 6.00 ERa: CASHIIR MAR - 9 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: Nazair, Mezaus CASE NUMBER: 98-06730MMA DOB: 09/22/57 For services of the Public Defender, bearing 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 the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2475, page 0543. 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 .9..;~:~. day of ~ ~ ,1999, ATTEST: ., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA signature 'Clerk of Circuit CduFt BY: Pamela S. Mac 'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: r""' ?J CLERK OF THE CIRCUIT COURT P.O. BOX 413044 I t~ vV,,. ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446942 OR: 2522 PG: 2851 RBCORDBD In O,IC]AL !ICOIOS of COLLIBI COUNTY, ~L 03/12/1999 at 09:21~ D[[GHT i. BLOCK, CLBRK 9/C rIB 6.00 !etn: CASHIIR MAR - 9 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: Messier, Jeffrey CASE NUMBER: 98-08068MMA DOB: 03/01/65 For services of the Public Defender, bearing the date of the 2nd day of December, 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 2490, page 1611. 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: BOARD OF COUNTY COMMISSIONERS Attes~ as to Chat man' s COLLIER COUNTY, FLORIDA signature onlv. Chainroman Approved as to form lega] sufficiency PREPARED BY: 9v CLERX OF THE CIRCUIT COURT ~ P.O. BOX 413044 I ~)V~,~ ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446943 0R: 2522 PG: 2852 HCORDBD in O~HClAL RBCORDS of COLLIBR COUNTY, ~L 03/12/1999 at 09:24AM DMIGBY I. BROCK, CLBRK HC ~il 6.00 Retn: CAllalan MAR - 9 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: Merisnor, Elvis-AKA Merisnor, Elius CASE NUMBER: 98-01701MMA DOB: 01/26/72 For services of the Public Defender, bearing the date of the 9th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2483, page 2598. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of L~~, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS At~;;~$t. ~Z. '~0 Ch~ '~ ;'~'a,i~ ' ~ COLLIER COUNTY, FLORIDA · ~ ~ " ~'~ '.Pamela S~~ // Clerk ofCircuit~ourte '~ " BY Chairwoman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT ~ ~e,d~ P.O. BOX 413044 I {P {/14. NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446944 OR: 2522 PG: 2853 *** UCORDBO in OI[ICIAL RECORDS of COLLIBR COUNTY, FL 03/12/1,~ at 0~:NAM DWIGHT e. BROCI, CLBRK HC FB! 6.00 eetn: CASHIIR MAR - 9 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: Martinez, Isidoro-AKA Henera,Manuel CASE NUMBER: 98-05788MMA DOB: 04/03/75 For services of the Public Defender, bearing the date of the 12th day of August, 1998 recorded in office of the Clerk of the Circuit Court of Colli6r County, Florida, securing the principal sum of $40.00, under Final Judgement and Order recorded in Official Record book 2455, page 0575. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of ~7~ ~:Id.t_41~/, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attest as to Cb!~:an' s COLLIER COUNTY, FLORIDA s ign.,,ture only. ~~ ; ~lerk of Circuit Couqt$ / ' BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: '~' ~-)0¢~ CLERK OF THE CIRCUIT COURT 'b ~ ~~"" P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446945 OR: 2522 PG: 2854 RICeRDID in OffiCIAL RECORDS of COLLIBR COUNTY, ~L 03/12/1999 at 09:24AH DJflGHT B. BROCK, CLBRK RIC FIB 6.00 netn: CASHIBR MAR- 9 !999 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: McCallie, John Lewis-AKA McCallie, John Lewis Jr. CASE NUMBER: 98-07778MMA DOB: 05/13/61 For services of the Public Defender, bearing the date of the 251h day of November, 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 2490, page 1647. 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 ~.fl- day of ~~ , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest as to. Cha.'ir~'~an's :i$1a'tur6 ~]~. :Pamela S.~~ ' / / Clerk of Circuit ColOn' ' BY Chairwoman Approved as to form legal sufficiency PREPARED BY: r"" ',~r~WL CLERK OF THE CIRCUIT COURT P.O. BOX 413044 l Z~ VV% (.JAJ,'-'~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446946 0R: 2522 PG: 2855 RBCORDID in O,ICIAL RBCORDS of COLLIIR COUNTY, IL 03/12/1999 at 09:24AN DWIGBY I. BROCK, CLBRK RBC ~Sl 6.00 Rein: CASHIBR MAR. - 9 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: Mitchell, Keith-AKA Mitchell, Daniel Keith CASE NUMBER: 97-06180MMA DOB: 03/14/62 For services of the Public Defender, beating the date of the 1 lth day of February, 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 2396, page 1138. 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 ~'71~ day of l, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ~.'tt~t ag 7,0 Ch~l~gn' s COLLIER COUNTY, FLORIDA · / Clerk of Circuit Coun/ BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: (/' (~)~L CLERK OF THE CIRCUIT COURT P.O. BOX 413044 ] ~ V~ tlAb' ' ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446947 OR: 2522 PG: 2856 neOnDID in O.IClAL RICORDS of COLLIRR COUNTT, FL 03/12/15. R 09:24AN DUIGHT B. BROC[, CLBRK IBC ~!l 6.00 urn: ~Sann MAR - 9 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: Osceola, Geraldine Lee-AKA Osceola,Geraldine CASE NUMBER: 98-05261MMA DOB: 03/03/70 For services of the Public Defender, bearing the date of the 25TH day of November, 1998 recorded in office of the Clerk of the Circuit Courf of Collier County, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2489, page 2252. 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: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A~test a~ to Cha~an'~ signattire on] y. ~~ ' / erk of Circuit Court ~' / BY: " Chairwoman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT ~ ?~,/U~I/-~ P.O. BOX 413044 I C) VX~, NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2 A6948 OR: 2522 PG: 2857 RBCORDSD in O/~ICIAL RICO RD.q of COLLIBR COIJBYY, ~L 03/12/1999 R Qg:24AK DJiIGHT B. BROCK, CLBRK RBC ~BB 6.00 net:n: CASHI/R HAF~ ' 9 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: Penafemandez, Femando M-AKA Pena Femandez, Femando M CASE NUMBER: 97-09216MMA DOB: 07/20/75 For services of the Public Defender, bearing the date of the 261h day of January, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $50.00, under Final Judgement and Order recorded in Official Record book 2389, page 3240. 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 9/~;~ day of ~~, 1999. ATTEST:. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest as to Chai~an'~ s i gnature only. Pamela S.~~ Chairwoman Approved as to form legal sufficiency PREPARED BY: ~ ~Oxj~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 [ P vxtX. NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446949 0R: 2522 PG: 2858 *** RICOaDBD in O~HCIAL RICOaDS of COLLIB!t COUNTY, ~L 03/12/1999 at 09:2tAt( DIilGHT B. BROCK, CLBRK RIC RIB 6.00 aetn: CASHZBR MAR - 9 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: Raulerson, Ronald Richie-AKA Raulerson, Ronald R CASE NUMBER: 98-03302MMA DOB: 04,/02/65 For services of the Public Defender, beating the date of the 3rd day of August, 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 2448, page 3483. 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 ..~'fi~7,/,, day of ~ ~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ' .~-~- -,--~: ~ "~, COLLIER COUNTY, FLORIDA ' / ~lerk of Circuit Cod~rt BY Chairwoman Approved as to form legal sufficiency PREPARED BY: '~e~-~ CLERK OF THE CIRCUIT COURT 'bVVX _ P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446950 OR: 2522 PG: 2859 RICeRDaD in OP~ICIAL RECORDS of COLLIIH COUNTY, ~L 03/12/1999 at 0t:24A!( DWIGHT I. BROCK, CLARK HC t'RE 6.00 !etn: CASHIll MAI - 9 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: Skinner, Christopher David CASE NUMBER: 98-07243MMA DOB: 06/28/77 For services of the Public Defender, bearing the date of the 9th day of November, 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 1582. 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 ~ dayof '7]/~ ,1999. '1 ATTEST: BOARD OF COUNTY COMMISSIONERS 13 0rl y. / '..Cl~k of Circuit'U~'urt ' ' BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT C~/) ~'~~ P.O. BOX 413044 ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446951 0R: 2522 PG: 2860 *** PICORDBD in O~IClAL IllCORDS of COLLIBR COUNTY, ~L 03/12/I.9 at 0~:2iA!( D~IGHT I. BROCl, CLBRI RBC ~B! 6.00 !eta: CASHIIR MAR ' 9 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: Szymanski, Martin L. CASE NUMBER: 98-08332MMA DOB: 11/01/72 For services of the Public Defender, beating the date of the 2nd day of December, 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 2490, page 1625. 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: BOARD OF COUNTY COMMISSIONERS Attest as to Cha!man': COLLIER COUNTY, FLORIDA si~n~,tt'~ only. ~~ " / Clerk ofCircufi C6u~ " BY: Pamela S. Mac'Kie Chairwoman Api~r.o~ed as to form legal sufficiency PREPARED BY: ~--3t~j.~~ CLERK OF THE CIRCUIT COURT ~ P.O. BOX 413044 l/3 ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446952 0R: 2522 PG: 2861 ~CORDBD in OIIICIAL RBCORDS oK COLLIaR COUFrY, IL 03/12/1999 at 09:2tAN DWIGHY a. BROCK, CLARK aRC BB 6.OO Retn: CASHZBR 9 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: Taylorson, James Lee CASE NUMBER: 98-03588MMA DOB: 01/17/60 For services of the Public Defender, bearing the date of the 9th day of November, 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 1593. 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 7,,~r~ day of '74a, t. e4~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ,.AtteSt aS tO Cha ~r~art' 5 COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie ".'.:; .. Chairwoman Approved as to form legal sufficiency PREPARED BY: ')e,~ CLERK OF THE CIRCUIT COURT e"""' P.O. BOX 413044 nt 0 ~ ~ NAPLES, FLORIDA 34101-3044 Assista County Attorney *** 2446953 OR: 2522 PG: 2862 *** !!CORDI(D in OFFICIAL RICOaDS of COLLI!I COUNTY, FL 03/12/1999 at 09:24A!( DWIGHT !. BROCK, CL~(RK R!C Ill 6.00 Rein: CASHZSR MAR - 9 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: Tomas, Juan CASE NUMBER: 97-10326MMA DOB: 08/20/70 For services of the Public Defender, bearing the date of the 4th day of February, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $40.00, under Final Judgement and Order recorded in Official Record book 2392, page 1216. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairnmn execute this Satisfaction of Lien in its name. Executed this . ~ day of ~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Att~$~ as ~C C~:~',~a~-'-] COLLIER COUNTY, FLORIDA ~ignature onl ~, ~~ 'Clerk of Circuit Coxar(/ ' BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT F ?~/C P.O. BOX 413044 .. [ ~ V~ tlA~-'---"~" NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446954 OR: 2522 PG: 2863 R[CORDBD in OI~IClAL RECORDS of COLLIBi COUMT~, [L 03/12/1999 at 09:24AN DWIGHT I. BROCI, CLBll Rein: CASHIBR MA~ ' ~ 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: Torbush, Chad Lewis CASE NUMBER: 98-05457MMA DOB: 03/29/68 For services of the Public Defender, bearing the date of the 2nd day of December, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $25.00, under Final Judgemerit and Order recorded in Official Record book 2490, page 1614. 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: BOARD OF COUNTY COMMISSIONERS Attest as to Ch,~.'i~'~an's COLLIERCOUNTY, FLORIDA ~tgnatupe only~ Clerk ;fE:~Fait CoGne ~' BY: Pamela S. Mac 'Kie Chairwoman Approved as to form legal sufficiency PREPARED BY: '~')C,UL CLERK OF THE CIRCUIT COURT c"""' P.O. BOX 413044 ~ 19 ~A. ~ NAPLES, FLORIDA 34101-3044 Assistant County Attorney 2446955 OR: 2522 PG: 2864 RICORDID in OIIIClAL RICOIDS Of COLLIIR COI!ITI, FL 03/12/1999 at 09:24AH DWIGHT !. B!OC[, CLIRK IBC FIX 6,00 ee~n: CUHIIR MA~ ' 9 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: Venanzio, Michael III-AKA Venanzio, Michael CASE NUMBER: 97-03556MMA DOB: 10/25/65 For services of the Public Defender, beating the date of the 5th day of September, 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 2461, page 1502. 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 C22(:i~ dayof '7~~ ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attest as to Chafr~o~'~ COLLIERCOUNTY, FLORIDA Signature only. , '-tiT'/: Pamela blerk of CircGit CoY ' ' BY: Chairwoman Approved as to form legal sufficiency PREPARED BY: r---"'x ?C,Vl CLERK OF THE CIRCUIT COURT ) C) b4A~ UaUY~ P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Assistant County Attorney *** 2446956 0R: 2522 PG: 2865 RECORDED in OFFICIAL NCORDS of COLLIIR COUNTY, IL 03/12/1999 at 09:24AN DWIGHT E. BROCK, CLERK REC 1BE 6.00 Rein: USHZER NAR - 9 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: Waiters, Debra Kay CASE NUMBER: 98-03496MMA DOB: 08/01/60 For services of the Public Defender, beating the date of the 20th day of July, 1998 recorded in office of the Clerk of the Circuit Court of Collier Cbunty, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2450, page 3158. 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 i, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Attest as to Cha Itsart'.,.. COLLIER COUNTY, FLORIDA signature onl · ' / Cl~rk of Circuit C~[rt ' BY: Pamela S. Mac'Kie Chairwoman Approved as to form legal sufficiency B .. PREPARED BY: ; CLERK OF THE CIRCUIT COURT c~ ~4j{ P.O. BOX 413044 ~ ~ NAPLES, FLORIDA 34101-3044 Assistant ounty Attorney *** 2446957 OR: 2522 PG: 2866 RBCORDBD In OFFICIAL RBCORM of CeLLIRK COlJFrl, FL 03/12/1999 at 09:24AM DWIGHT S. BROCK, CLRRK RRC FEB 6.00 Rein: ~SHIIR MAR - ~ 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: Wamer, Scott-AKA Wamer, Scott Allen CASE NUMBER: 97-05466MMA DOE: 08/20/59 For services of the Public Defender, beating the date of the 9th day of January, 1998 recorded in office of the Clerk of the Circuit Court of Colli6r County, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2389, page 3399. 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 '7~a,All. Y , 1999. A.TTEST:: ' BOARD OF COUNTY COMMISSIONERS · lttest'ax 't~ Chairman 'x COLLIER COUNTY, FLORIDA signature on l ~. y~~]~~//~ ' ' / Clerk of Circuit Coufi t~ ' ' B S M ·, : ame a . ac'Kie Chainroman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT r-----, ~ ;l P.O. BOX 413044 As ~/~ VVX //L/~ NAPLES, FLORIDA 34101-3044 sistant ounty Attorney *** 2446958 OR: 2522 PG: 2867 *** RSCORMD in OffiCIAl, IHCORI}S of COLLIBR COUNTY, FL 03/12/1999 at 09:24AN DWIGHT B, BR0Cl, CLBRK IRe ~Be 6.00 Retn: CASWIeR Pd~ "- 9 199g 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 bolder of a certain lien against: Wawzynian, Jeremy D. CASE NUMBER: 98-04502MMA DOB: 06/20/79 For services of the Public Defender, bearing the date of the 8th day of July, 1998 recorded in office of the Clerk of the Circuit Court of Collier Cbunty, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 2450, page 3141. 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 '7~~ , 1999. ,AiTEST: .' ' · BOARD OF COUNTY COMMISSIONERS Ait~it:ms,~0, Cha ir~ap.;s COLLIER COUNPZ, FLORIDA "':' 'L ....'-:' ...."" · "'/' Ci6rk of Circuit Co~'r( B '?: i'C.., '. · .... Chairwoman Approved as to form legal sufficiency PREPARED BY: ~ ?0UL CLERK OF THE CIRCUIT COURT O tAt~ ~ ~ P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Assistant County Attorney March 9, 1999 Item #16G2 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated= Page 14 9 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 9, 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.: 98-06739MMA, 97- 02907MMA, 98-02083MMA, 98-06890MMA, 98-00602MMA, 98-01586MMA, 98- 00887MMA, 97-06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98- 01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98-05261MMA, 97- 09216MMA, 98-03302MMA, 98-07243MMA, 98-08332MMA, 98-03588MMA, 97- 10326MMA, 98-05457MMA, 97-03556MMA, 98-03496MMA, 97-05466MMA, 98- 04502MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. 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. February 8 - 12, 1999 B. February 15 - 19, 1999 4. Minutes: A. Collier County Water and Wastewater (Utility) Authority - Minutes of November 23, 1998 meeting HAR 09 1999 March 9, 1999 Item #16J1 BUDGET AMENDMENT THAT WILL RECOGNIZE A $189,000.00 GRANT REIMBURSEMENT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) AND RE- APPROPRIATION OF $189,000.00 TO THE EVERGLADES LAND ACQUISITION AND MARCO ISLAND SURCHARGE PROJECTS Item #17A RESOLUTION 99-167, RE PETITION CU-98-9, BLAIR FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING THOMAS HAWKINS, REQUESTING CONDITIONAL USE "5" OF THE "E" ESTATES ZONING DISTRICT FOR A SENIOR INDEPENDENT ASSISTED CARE LIVING FACILITY LOCATED AT 2101 COUNTY BARN ROAD, CONSISTING OF 9.63+/- ACRES Page 150 RESOLUTION 99-167 M~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SENIOR INDEPENDENT ASSISTED CARE LIVING FACILITY CONDITIONAL USE ~5" IN THE ~E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 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 ~5" of Section 2.2.3.3. in an mE" Estates Zone for a Senior Independent Assisted Care Living 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 Blair Foley of Coastal Engineering Consultants, Inc., representing Thomas Hawkins with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein 1 of be and the same is hereby approved for Conditional Use ~5" 2.2.3.3. of the '~E" Estates Zoning District for a Senior Independent Assisted Care Living Facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. 3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 5. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, in accordance with the procedures set forth in Subsection 2.7.4.5.4. of the Land Development Code for the future widening of County Barn Road. 7. Under the existing County Barn Road two-lane condition, the project may have full turning movements at the access drive. Under future four or six-lane conditions, the access may be constrained to a right-in/right-out onto County Barn Road. Nothing in any development permit shall operate to vest any right or interest in a median opening in County Barn Road, either full or partial, for this project. The County shall not be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. 8. The existing natural, native vegetative buffer along the north, south, and east property lines of the site, shall be retained as it currently exists, to no less than a minimum -2- MAP 0 9 tgg width of the fifteen (15) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. 9. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 10. The developer shall install a minimum six (6) foot high fence along the southern property boundary of the subject site, prior to obtaining a certificate of occupancy. 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. BOARD OF ZONING APPEALS Attest:-as:.~.'~O:~Ch~,t~an' s ATTEST: .', DWIGHT E.~ 'BR0~, Clerk Approved as to Form and Legal Sufficiency: Marj o~e' M. Student Assistant County Attorney ~/CU-98-9 RESOL~ION FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-9 Exhibit A The following facts are found: 1. Section 2.2.3.3.5. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Manag~ent Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to no~e, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatibl~ use within district Yes ~ No Based on the above findings, this conditional use should, recommended for approval DATE: C CU-98-gFI~ING OF FACT - C~IRMAN Exhibit B CU-98-9 The South 1/2 of the North 1/2 of the Southeast 1/4 of the No~hwest 1/4 of Section 8, Township 50 South, Range 26 East, Collier County, Florida, Iess the West 50 feet thereof. March 9, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL P ELA S. MAC'K · DWIGHT E. BRdCK, CL~.RK These minutes approved by the Board on As presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 151