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BCC Minutes 03/23/1999 R March 23, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 23, 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 23, 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 - Rnerend George Locldll\I1. Fint Baptist Church of Golden Gate 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. Februal'~' 23, 1999 - Regular mccting. 5. PROCLAl\1A TIONS AND SERVICE AWARDS A. PROCLAMA TIONS I March n. 1999 1) Proclamation proclaiming week of March 28 - April 3, 1999 be desigllllted as Dhersit~, Weck. To be accepted b~' Ms. Hope Broph), Chair of Naples Branch of the American Association of Unhersity Women's Diversit)' Committee 2) Proclamation proclaiming weel, of March 21-27, 1999 be designated as Master Gardener Appreciation Week in Collier Count~'. To be accellted b~' Ms. Naida Eisenbud, Mr. Earl Garrett, Mr. Elmer Hahn and Mr. Tom Porter, Master Gardeners, Collier County/Uniwrsity of Florida Extension 3) Proclamation proclaiming the month of Apl'il as Focus on Education Month. To be accepted b) Ms. Cal'ol Conwa~', Co-Ch,lir of EDC Economic Foundations Committee. Also, present arc rellresentath'es fl"Om the collier Count)' Public Schools, Naples Area Chamber of Commerce, Collier Count)' Education Foundation ,md Junior Achiewment B. SERVICE A WARDS 1) Diane Day-Deoss, DOR - 10 ~'ears 2) Scott Conley, Water - 5 years 3) Isaac Dennis, Road and Bridge - ::; ~ears 4) John DI'ur~, Ail'p0l1 AutllOrit~ -::; yeal's 5) John Jones, Libnll'~ - 5 years 6) Bal-t Sanders, \Vater - ::; ~ears 7) Saint Saintil, Road and BI"idge - ::; y<.'ars c. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANAL YSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) To Pl'esent the Cel-tificate of Achie\ement for Excellence in Financial Repol-ting to the Board of Count~' Commissioners for the Fiscal Year ended September 30, 1997. 2) To present to th<.' Board of COllnt~ Commissionel's the Comprehensive Annual Financial Repol-t for the Fiscal Year ended September 30,1998. 7. PUBLIC PETITIONS A. JO)' Lelonek, Executhe Director of the United AI1s Council of Collier Count) requesting financial sUPllOl-t. B. Request to adopt a Resolution declaring a need for an educational facilities authorit), to function in Colliel' Count~., Florida; authorizing the authorit~. to transact business and exercise powers under the act; designating and aJlpro\'ing the members thereof; providing an effectiw date. ,- 8. COUNTY ADMINISTRATOR'S REPORT 2 March 23. 1999 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES .- 1) Connie D. Stegall-Fullmer, reprcsenting Goodland Civic Association, I'cquesting a waivcr of Tempo"'lI'~ Use Pet'mit fce for an event held on March 6 and 7, 1999, on Goodland, Collier County, Florida. B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Pl'esentation of Imllroved and Expanded "Collier Serves" Program Initiative. 2) QUlll-ted~' capitalllroject status repol-t. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board of County Commissioncrs to scttle the case of Eve(rn Field v. Collier CouJ1~r, Case No. 98-3183-CA-Ol, now pending in the Circuit Court for thc Twentieth Judicial Circuit, Collier COllnty, Flol"ida for $39,750.00 plus payment of Mediator's fees in an approximate amount of S300.00. 10. BOARD OF COUNTY COMl\lISSIONERS A. Discussion regarding Sheriff's Office opcrations/administration facilities (Commissionu Constantine). B. Appointment of membcrs to the Hispanic Affairs A(h'isory Board. C. Appointment of members to the Immokalee Enteqlrise Zone Development Agenc)'. D. Appointment of members to the Tourist De\'elopment Council. E. Appointment of member to the Radio Road Beautification Advisor)' Committee. F. Recommendation to declare a vacam')' on the Goldcn Gate Bcautifieation Advisor)' Committee. G. Appointment of membcrs to thc Count) Government Productivit~. Committee. H. Appointment of membcl"s to the Contractors Licensing Board. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Request transfel. of S2,982,100 from General Fund Resen'es to the Rcsen'cs of the Shel"iff's Office. B. PUBLIC COMMENT ON GENERAL TOPICS , .' March 2:\. 1999 PUBLIC HEARINGS WILL BE HEARD II\1MEDlA TEL Y FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) CONTINlJED FROM THE MEETING OF FEBRUARY 23, 1999. Petition PUD-82-1G(1) K:II'en Bishop of PMS, Inc. of Naples, representing Henry Krehling, to rezone lanlls now zoned PU 0 to a new PUD to compl)' with the sunsetting IU'ovisions of the Lanll Development Colle, and to add commercial and light industrial uses to the list of authorized uses and to update the PUD Document and Master Plan to CUITent land development code requirements, for propel'!)' generall~' locatl'd sOlltheast of the intersection of U.S. 41 and Old U.S. 41, 'Iz mile cast of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Colliel' Count~', Florida. 2) CONTINUED (NO DATE) - ORIGINALLY CONTINUED FROM THE MEETING OF FEBRUARY 23, ]999. Petition PlJD-98-]3, R Bruce Anderson of Young, "an Assenderp & Varnalloe, P.A., representing Collier De\'elopment Corporation, I"equesting a rezone for lands zonell "A" Rural Agriculture and "PlJD" Planned lJnit De\Clopment "PUD" to "PUD" for a new "PUD" Planned Unit Development to be Imown as Collier Tract 21, formerl)' Beaehway PUD, for a golf course and accessor) and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uscs and/or a hotel on propeI1)' located between U.S. 41 on thc east and Vanderhilt Drive on the west, I)'ing north of 111111 Avenue and south of the Cocohatchec Ri\Cr, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + - C. OTHER 1) Dircct staff to amend an Ordinance as it relatcs to the Parks and Recreation A(hisor)' Board. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16, CONSENT AGENDA - All matters Iistell undcr this item al'e considered to be routine and action will be talien b~' one motion without separate discussion of each item. If discussion is desircd by a member of the BoanJ, that item(s) will be I'emoved from the Consent Agenda and considered separatel~. - A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES -t M:lrch2l.1999 1) Resolution opposing House Bill 0925 and Senate Bill 1352, relating to I'atemaldng Pl'ovisions of in"estor-owned water and wastewater utilit), s)'stems, before the 1999 regular session of the Florida Legislature. -- 2) Request to grant final acceptance of the roadwa)', drainage, water and sewer impro\'ements for thc final plat of "Quail West Phase III, Block K.. Lot 97" 3) Request to appro\'C for rccording the final plat of "CI'eckside Commerce Park \Vest - Unit Two" and apprmal of the per-f'ormance securit~'. 4) This item has been deleted. 5) Authorization to award Bid #99-2912 "White Lake Corporate Park Infrast.-ucture ImprO\ements" and authorize staff to initiate an agreement with H arpcr BJ'Os., Inc., of Ft. M ~'ers, Florida. 6) Request to approvc for recording the final plat of Pebblebroolie Lakes Phase 3 and appro,",.1 of the pel'fomlance secu rity. 7) Lien Resolutions - Code Enforcement Case Nos. 80720-120 - Tropicana Homes at Marco Inc.; 80722-057 - Luis Alfredo & Patricia Ann Can'ajal; 80813-047- Flora Acosta; 8090l)-Ol)8 - Daniel Li~ B. PUBLIC WORKS 1) Request approval to use funds from Waste Tire Grant to provide safet)' Ilia)' sUlface at E\eq~lades Cit~ Puhlic Pla~ground. - 2) This item has heen deleted. 3) Appro\'e Budget Amendment recognizing carr~' fOI'ward amounts from FY 98 for road projects in funds 313, 331,333,334,336,338,339 & 340. 4) Appro\'C an Agreement with Immolialee Disposal, Inc. to continue providing rec~c1ing servicc for Illulti-family residential units and authorize the ChainHlman to sign the Agreement. 5) Award Bid #98-2880 for BacJ.:f1ow Services. 6) Obtain Board appro\'al to amcnd the Collier County Reclaimed Water S~'stem Ordinance. 7) Appro\'C the deletion of the Bacl.dool' Service Option from the Automated Solid Waste Curbside Collection Program with the exception of cases of mcdieal necessit~. 8) Award a Contract to Lightner Contracting, Inc. for Bid No. 99-2915, Beach Maintenance Acti\'ities. 9) Adopt a Resolution I'e\'ising the eligihility for membel'ship on the Naples Beach Renourishment/Maintenance Committee. - 10) Authorize use of the ClllIl'lotte County Trenchless Pipe Rehabilitation Bid No. 97-254. .:) March 2J, 1999 11) Rescind the Award of a Contract to Allied Trucking of Florida, Inc.!C.B.E. Tmcking Company, Inc. for Bid No. 98-290U and Award a Contract to Douglas N. Higgins, Inc. for the Transport and Placement of Beach Fill Mateda!. 12) AllprOyal to administrati\CI~' adjust the non-ad valorem assessment for Parcel Number 11 in the Naples Pl'oduction Park M.S.T.U. 13) Approve Amendment 7 to Professional Sen'ices Agreement with Hole, Montes & Associates, Inc. for engineering sen'ices related to Improyements at the South Count~' \\' ater Reclamation Facilit), RFP 93-2121, Project 73916. 14) Appr<l\e paying the limerocl.: p(1I1ion of POI"ter Street in response to citizens' l'e(luest. C. PUBLIC SERVICES 1) This item has been deleted. 2) ApprO\al to fund the .J'll of JI1I~ Festi\al and FireworliS Show. 3) Approye the purchase of playground equipment for Eagle Lalies Communit), ParI.:. 4) Appnl\al of two (2) Interlocal Fund Sharing Agreements with the Cit), of Naples and the City of E\erglades. 5) Appro\'al of budget amendment recognizing an additional S.J8,637 in State Aid to Libraries in FY 99. D. SUPPORT SERVICES 1) Add Asset #9.J002.J, a Ford Aerostar Van, to the Mm'ch 27, 1999 Auction List. 2) Award Bid 98-2903 for Laborator~ Chemicals and Supplies. 3) ApprO\al of a Contract between Collier Count~' and Communit), Health Pal1ners. 4) Appro\'al of a Budget Amendml'nt to Propel'!)' & Casualt~' Insurance Program Fund, 5) Recommend to Award Bid #99-2913 for Contract Pdnting. E. COUNTY ADMINISTRATOR 1) Budget Amendment Repol"t - #99-171 & #99-182 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANOUES CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. ,..-.. H. OTHER CONSTITUTIONAL OFFICERS () March 2l, 19lJ9 1) Rcqucst for apprm'al for the purchase of rcplacement deslitop computer s)'stems for the Collier County Sheriff's Office from Dell Computers under the terms and conditions of Statc of Florida Contract #250-11~O-99-1. L COUNTY ATTORNEY J. AIRPORT AUTHORITY 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 OSP-98-1, Dan Sneed of Kuhlman Enginecdng, representing Azar Galle!")', requcsting apprm'al for 20 off-site parking spaces on Lot 26, and the west half of Lot 25, Blocli B, Naples Villas to sen'e an existing commercilll facilit)' on Lot 1, Block B, Naples Villas and which is located on the northeast corner of AirpOl'!-Pulling Road (CR-31) and Poinsettia A\'enuc, in Section 1, Township 50 South, Range 25 East. B. Pctition V-99-1, Richard D. YO\anO\ich representing Coastal BC\'erages LTD. requesting a 17.8 foot \'ariance from thl' relJuin'd 50 foot front ~'ard to 32.2 feet for the PI'oposed expansion of a warchousc compl<.'x appro\'ed in 1992. The subject prollerty is located at ~7~7 Progl'ess A\'cnu<.' in S<.'ction 36, Township ~9 South, Range 25 East, Collier County, Flodda. C. Petition V AC 99-00~ to vacate the 25' wide drainage easement on Lot 4, thc 25' wide drainagc casement on Lot 5 and thc remaining 12' wide drainage casement on Tract A, according to the Plat of "Quail Creek PllI/,a Phas<.' I" as recorded in Plat Book 15, Page 73, Public Rl'cords of Collier COllnt~, lo<.'ated in Scction 20, Townshill ~8 South, Range 26 East. D. Amend the Pari, Impact Fce Ordinancc to eliminate the collcetion of Communit)' Park Impact Fees in the Marco Island District. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE A T 77~-8383. 7 March 21. IlJlJ9 March 23, 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call the board meeting to order for March 23rd, 1999. We're pleased to have with us this morning reverend George Lockhart from the First Baptist Church of Board of County Commissioners. If you would remain standing, afterwards we'll have the pledge of allegiance. REVEREND LOCKHART: Let us pray. Heavenly Father, as we come to pray, we pray for one another and for this county and for our County Commissioners today, knowing, Lord, that you have called us to be people of prayer to pray for those in authority. I'm asking that you'll just bless them and encourage them. Give them the wisdom to lead this county in the way that you'd have this county to go. We trust in you and ask that you'd just lead us as a county join together, to work together, to do what is necessary to make this county what you'd have it to be. And we pray, Lord, in the name of our Lord and our Saviour, Jesus Christ, amen. (Pledge of Allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Okay. Control room people, turn those monitors off, because it's really distracting to see yourself. I can't stand that. I don't like mirrors, I don't like photographs, I sure COMMISSIONER CONSTANTINE: Here, I'll help you. COMMISSIONER CARTER: Good-bye. CHAIRWOMAN MAC'KIE: You're too kind. Let's see, changes to the agenda. Looks like we have a few. MR. FERNANDEZ: Good morning, Madam Chairwoman. CHAIRWOMAN MAC'KIE: Good morning. MR. FERNANDEZ: ***The first group of changes are really routine matters. The first is a final acceptance of water facilities for 951 mini-storage. And that's item 8(A) (2). Items 8(A) (3) through 8(A) (8) are all final plats. A(3) is Long Shore Lake, A(4) -- I'm sorry, Long Shore Lake, unit four. A(4) is Long Shore Lake, unit S-D. A(S) is Long Shore Lake unit S-C. A(6) is Candlewood 3. A(7) is Ashley Grove, and A(8) is Club Estates. So those are all final plats. Page 2 March 23, 1999 The next item is a follow-up to the meeting that we had on Friday. This is the establishment of the ad hoc committee. It's a long title there, I won't read that into the record, but I have a copy available for the court reporter. That's item 8(A) (9). We would like to move item 7(B) from the regular agenda to the consent agenda. This is a request to adopt a resolution declaring a need for an additional educational facilities authority to function in Collier County, authorizing the authority to transact business and exercise powers under the Act. The next is to continue to future date item 12(B) (1), which is petition PUD-82-16. Then there's the request to continue for future date item 12 (B) (2), petition PUD-98-13. Then we would like to continue the two items dealing with the audit. Continue to the April 13th meeting item 6(A) (1) and 6(A) (2). That's the certificate of achievement for excellence in reporting and the report to the board on the comprehensive annual financial report. COMMISSIONER CONSTANTINE: Is there some question about our excellence? MR. FERNANDEZ: It has to do with changing rules that used by the Government Accounting Standards Bureau, and we would be prudent to wait until that rule change process is before that report is made to the board. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: The final is to continue to April 13th, '99 the item 16(B) (1), which is to rescind the award of a contract to Allied Trucking of Florida for bid no. 98-2900. Also a note for the record, item 16(A) (1), the language has been changed from the original version of the document to acknowledge the substitute bill and amendment that's been introduced. CHAIRWOMAN MAC'KIE: Any other changes, Mr. Weigel, from you? MR. WEIGEL: No, thank you. CHAIRWOMAN MAC'KIE: Thank you. Commissioner Berry? COMMISSIONER BERRY: I had one item to add very briefly under the Board of County Commissioners having to do again with our ethics policy. CHAIRWOMAN MAC'KIE: communication, or -- COMMISSIONER BERRY: That would be fine CHAIRWOMAN MAC'KIE: Okay. are being thought it completed Under 15(A), would it just be Page 3 March 23, 1999 COMMISSIONER BERRY: -- at this point in time. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: Nothing today. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: I will have one thing under our communications in regards to noise ordinance. CHAIRWOMAN MAC'KIE: Okay, anything else? How about you, Commissioner Constantine? COMMISSIONER CONSTANTINE: No changes. CHAIRWOMAN MAC'KIE: I have no changes, but I want to note for the record, I'm abstaining on item 16(A) (6); that's a plat for Pebblebrook Lakes, and I represent that development. COMMISSIONER CONSTANTINE: ***Madam Chairman, on that note, I then make a motion we approve the agendas as amended for consent agenda, summary agenda and regular agenda. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. In case there's anyone here from the public, first of all, we have postponed the Krehling PUD matter, so if you're here for that matter, that's 12(B) (1), and that one's been continued indefinitely. And if you were here for anything that's under 16 or 17 on the agenda, it's just been approved. So sometimes people are confused and stay, so we don't want to waste your time. Page 4 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING . MARCH 23. 1999 ADD: ITEM 8 fA) 2 - FINAL ACCEPTANCE OF WATER FACILITIES ACCEPTANCE FOR 951 MINI STORAGE. (STAFF'S REQUEST) ADD: ITEM 8 (A) 3 - REQUEST TO APPROVE FOR RECORDING THE FINAL PLA T OF LONGSHORE LAKE UNIT FOUR AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S REQUEST) ADD: ITEM 8 (A) 4 - REQUEST TO APPROVE FOR RECORDING THE FINAL PLA T OF LONGSHORE LAKE UNIT 5-D AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S REQUEST) ADD: ITEM 8 (A) 5 - REQUEST TO APPROVE FOR RECORDING THE FINAL PLA T OF LONGSHORE LAKE UNIT 5-C AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S REQUEST) ADD: ITEM 8 fA) 6 - REQUEST TO APPROVE THE FINAL PLAT OF "CANDLEWOOD THREE". (STAFF'S REQUEST) ADD: ITEM 8 (A) 7 - REQUEST TO APPROVE FOR RECORDING THE FINAL PLA T OF "ASHLEY GROVE". (STAFF'S REQUEST) ADD: ITEM 8 (A) 8 - REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF liTHE CLUB ESTATES" AND APPROVAL OF THE PERFORMANCE SECURITY. (COMMISSIONER NORRIS REQUEST) ADD: ITEM 8 (A) 9 - ESTABLISHMENT OF AD HOC COMMITTEE, THE PURPOSE OF WHICH IS TO REVIEW AND REVISE CLUSTERING AND NA TURAL RESOURCE PROTECTION STANDARDS FOR THE PROPOSED RURAL FRINGE AREA AND TO DEVELOP AN INTERIM POLICY TO BE INCLUDED IN A SETTLEMENT AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS WITH RESPECT TO LIMITING LAND USES IN THE RURAL'AGRICULTURAL AREA PENDING COMPLETION OF A COMPREHENSIVE STRA TEGIC PLAN FOR THIS AREA. (STAFF'S REQUEST) MOVE: ITEM 7 (B) TO ITEM 16 (I) (1) - REQUEST TO ADOPT A RESOLUTION DECLARING A NEED FOR AN EDUCATIONAL FACILITIES AUTHORITY TO FUNCTION IN COLLIER COUNTY, FLORIDA; AUTHORIZING THE AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS UNDER THE. ACT; DESIGNA TING AND APPROVING THE MEMBERS THEREOF; PROVIDING AN EFFECTIVE DA TE. (COMMISSIONER MAC'KIE REQUEST) -2- CONTINUE TO FUTURE DA TE: ITEM 12 (B) 1 - PETITION PUD-82-16 (1) KAREN BISHOP Of PMS, INC., OF NAPLES, REPRESENTING HENRY KREHLlNG, TO REZONE LANDS NOW ZONED PUD TO A NEW PUD TO COMPLY WITH THE SUNSETTING PROVISIONS OF THE LAND DEVELOPMENT CODE. (COMMISSIONER CARTER REQUEST) CONTINUE TO FUTURE DATE: ITEM 12 (B) 2 - PETITION PUD-98-13, R. BRUCE ANDERSON OF YOUNG, van ASSENDERP AND VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING A REZONE FOR LANDS ZONED "A" RURAL AGRICUL TURE AND "PUD" PLANNED UNIT DEVELOPMENT "PUD" TO "PUD" FOR A NEW "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMALLY BEACHWA Y PUD. (PETITIONERS REQUEST) CONTINUE TO APRIL 13. 1999: ITEM 6 A (1) - TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997. (STAFF'S REQUEST) CONTINUE TO APRIL 13. 1999: ITEM 6 A (2) - TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998. (STAFF'S REQUEST) CONTINUE TO APRIL 13, 1999: ITEM 16 B (11) - RESCIND THE AWARD OF A CONTRACT TO ALLIED TRUCKING OF FLORIDA, INC.lC.B.E. TRUCKING COMPANY INC. FOR BID NO. 98.2900 AND AWARD A CONTRACT TO DOUGLAS N. HIGGINS, INC., FOR THE TRANSPORT AND PLACEMENT OF BEACH FILL MA TERIAL. (STAFF'S REQUEST. WAITING TO RECEIVE PERFORMANCE BOND PAPERWORK) NOTE: ITEM 16 (A) 1 - RESOLUTION LANGUAGE HAS CHANGED TO ACKNOWLEDGE THE SUBSTITUTE BILL AND AMENDMENT. March 23, 1999 Item #4A MINUTES OF THE FEBRUARY 23, 1999 REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER NORRIS: Madam Chairwoman, I'll make a motion that we approve the minutes of February 23rd regular meeting. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF MARCH 28 - APRIL 3, 1999 BE DESIGNATED AS DIVERSITY WEEK - ADOPTED We have some proclamations this morning. And I'd like to ask Hope Brophy, who's chair of the Naples branch of American Association of University of American Women, to come forward for the first one, which I don't see here. Where is Sue? Does somebody else have the diversity -- COMMISSIONER BERRY: Not I. CHAIRWOMAN MAC'KIE: proclamation? COMMISSIONER CARTER: I have the gardeners. CHAIRWOMAN MAC'KIE: We have it. COMMISSIONER NORRIS: Wait a minute, this is the diversity. CHAIRWOMAN MAC'KIE: You have it? COMMISSIONER NORRIS: Yeah, I'm supposed to have the gardener one. No, that's Mr. Carter. CHAIRWOMAN MAC'KIE: I've got it now. We're going to read it. And if you'll turn and face the cameras, I'll read it and then ask you to accept it. The proclamation reads: WHEREAS, amidst the beauty and bountiful natural resources of Collier County, the community's most important resource is its people; and WHEREAS, the population of Collier County is made up of a rich diverse mixture of people from many different racial, ethnic and cultural backgrounds; and Page 5 March 23, 1999 WHEREAS, the Board of County Commissioners of Collier County is committed to the development and execution of public policies that ensure the health, safety and welfare and enhance the quality of life of all residents and visitorsj and WHEREAS, the board supports and applauds efforts in the community to break down barriers and build bridges of understanding among people of different racial, ethnic and cultural backgroundsj and WHEREAS, on Tuesday, March 30, 1999, the Florida Humanities Council and the Naples branch of the American Association of University of Women will cosponsor a dialogue on diversity program at the county's main library at 850 Central Avenue in Naples from 7:00 to 8:30 p.m. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 28th through April 3rd, 1999 be designated as Diversity Week in Collier County, and residents are urged to support and to attend the dialogue on diversity program. Done and ordered this 23rd day of March, 1999, Board of County Commissioners, Pamela Mac'Kie, Chairwoman. I'd love to move acceptance of this proclamation. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: It passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: Thank you so much. MS. BROPHY: Thank you very much, Ms. Mac'Kie and other commissioners. You've certainly chosen a very dramatic way to support us in this, what we think is first of such program in this area, and we really appreciate the support. I would like to comment on the proclamation itself. I understand that Mr. Phil Tindel (phonetic) wrote it, and I would like to say maybe he's missed his vocation. He's a very fine writer. As a matter of fact, if we left out a few of the whereas's, I think it would be positively poetic. And I thank Mr. Tindel. I'm a writer, and it takes one to know one, you know. The American Association of University Women is a diverse group. In our membership we have African Americans, we have Hispanics, we even have some menj therefore, we know the value of diversity. Page 6 March 23, 1999 And I think it's with this understanding that we decided to launch what we hope will be an annual program, a dialogue on diversity. This program is actually a celebration of the really wonderful diversity that does exist in the City of Naples and in Collier County. And we are happy to be cosponsoring this. We have had the cooperation of many organizations in the area, too many to mention right now. But a few of them are represented here today. We have Al Bauer of the unitarian universalist Congregation. CHAIRWOMAN MAC'KIE: Stand as she calls your name. MS. BROPHY: We have Dorothy Fitch of the League of Women Voters. And we have Henry Tribble of the Black Affairs. Thank you for coming. I would like to take this opportunity to invite everybody in this room to go to the program. It's going to be a very interesting program. We're not simply going to go and listen to somebody give a long speech. Kitty Oliver, who was a woman of tremendous charm and beauty, if you haven't seen this, you will realize that. She is really the facilitator of this program, which will be a dialogue. She will speak, give some background material. But actually, it's an opportunity for those in attendance to talk to others in a very diverse group. So we cordially invite you to be there. I also would like to make this point, that the public is invited. There is no charge for this. It's conveniently located in the main library. Starts at 7:00, ends at 8:30, so you can do other things with your evening. And we urge all of you to be with us. You'd be most welcome. Thank you. CHAIRWOMAN MAC'KIE: I plan to be there. And my kids are 11 and 14, do you think it's okay to bring them? MS. BROPHY: Pardon me? CHAIRWOMAN MAC'KIE: 11 and 14-year-old kids be okay to bring? MS. BROPHY: I think they'd be most welcome. CHAIRWOMAN MAC'KIE: Good, good. Okay, thank you. Page 7 PROCLAMA rION MAR 2 3 1999 WHEREAS, amidst the beauty and bountiful natural resources of Collier County, the community's MOST important resource is its people,' and, WHEREAS, the population of Collier County is made up of a rich, diverse mixture of people from many different racial, ethnic, and cultural backgrounds,' and WHEREAS, the Board of County Commissioners of Collier County is committed to the development and execution of public policies that ensure the health, safety, and welfare and enhance the quality of life of ALL residents and visitors,' and, WHEREAS, the Board supports and applauds efforts in the community to break down barriers and build bridges of understanding among people of differ~IJ" :,....,.,i's '" 'IJll{f~ and cultural backgrounds,' and, WHEREAS, .:. ," . . . . . . . . . . . . .... ..... ..... e it pli?}ibilfl#tJ:Py:.:i~.'~~~rd,.g.f Cdfllllllmmissioners of a tM'.itk' /Qi4' 'fhiitp'Mlin f['"lS th "'hAl" 1 3 J 999 b '=~~~~~I~:EEK." e /.. \. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA March 23, 1999 Item #5A2 PROCLAMATION PROCLAIMING THE WEEK OF MARCH 21-27, 1999, BE DESIGNATED AS MASTER GARDENER APPRECIATION WEEK IN COLLIER COUNTY - ADOPTED Our next proclamation, Commissioner Carter. COMMISSIONER CARTER: Yes, it's my privilege to read a proclamation for the master gardeners. And we have with us this morning Ms. Eisenbud and Mr. Garrett, Mr. Hahn and Mr. Porter. All are master gardeners. If they would come forward as I read this proclamation this morning, we will be happy to welcome you to this meeting. WHEREAS, master gardener volunteers are an integral part of Collier County government; and WHEREAS, the Collier County master gardener program offers opportunities for citizens who wish to volunteer in a diversity of different ways; including plant clinics, garden workshops, recycling garden demonstrations, authoring articles for the newspaper's garden magazines; and WHEREAS, master gardener volunteerism results in the resolution of over 6,000 problems for citizens of the community; and WHEREAS, last year master gardener volunteers contributed in excess of 2,170 hours of service in the plant clinic alone, or the equivalent of more than one full-time employee; and WHEREAS, last year master gardener volunteers contributed over $26,000 in services to Collier County government; and WHEREAS, our community has as one of its major attributes the lushness of its horticulture; and WHEREAS, without volunteer services of master gardeners, the quality of our community would be greatly reduced. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 21 to 27, 1999 be designated as Master Gardener Appreciation Week in Collier County, with extreme gratitude and appreciation extended to all the master gardener volunteers who give of their time and energies to Collier County government. We, the Board of Collier County Commissioners, do affirm our commitment to the master gardener program and value our partnership with the University of Florida in bringing these special opportunities to our residents and visitors. Page 8 March 23, 1999 Done and ordered this 23rd day of March, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chairman, I move that we accept this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: It passes unanimously, (Applause, ) COMMISSIONER CARTER: Any of the gardeners would like to say a few words of wisdom -- CHAIRWOMAN MAC'KIE: Please feel free. COMMISSIONER CARTER: -- step up to the microphone and talk to us. Approve our green thumbs. CHAIRWOMAN MAC'KIE: wish I knew what they know. It would be shameful to see my yard, MS. EISENBUD: We thank you for this award, but the true reward is in serving the people that come to us. They have desperate problems and we are always pleased when we can offer them some help. Steering this group is our horticultural agent, Mr. Bob Peterson, who is with us this morning, who makes it possible for us to expand our book of knowledge every time we serve. I think it's interesting that the four of us here represent 28 years of service on the master gardener program. CHAIRWOMAN MAC'KIE: Wow. MS. BROPHY: That is, I think, quite incredible. And every session is a reward. We learn something each time we're there. This goes without exception. So you have a very busy agenda. I just want to thank you for this additional recognition. The community is well aware of our program. And the emphasis on the exotic and alien plants and the problems they're creating in the community is clearly described in pictures just outside this doorway. And people are becoming more and more aware of the problems. And so we're not unknown and people come to us daily with problems. And we thank you for this additional recognition. CHAIRWOMAN MAC'KIE: Appreciate your work, ma'am. (Applause. ) Page 9 MAR 2 3 1999 PROCLAMA rION WHEREAS, Master Gardener volunteers are an integral part of Collier County Government: and. WHEREAS, the Collier County Master Gardener Program offers opportunities for citizens who wish to volunteer in a diversity of different ways: including plant clinics, garden workshops, recycling garden demon- strations, authoring articles for the newspapers garden pages,' and. WHEREAS, Master Gardener volunteerism results in the resolution of over 6,000 problems for citizens of the community,' and. WHEREAS, last year Master Gardener volunteers contributed in excess of 2,170 hours of service in the plant clinic alone, or the equivalent of more than one full- time employee,' and, WHEREAS, last year Master Gardener volunteers contributed over $26,000 in services toCollier:'ql.!lJtltioK~('llt11lrnt: and, ..":.;.:.:-:.:.' ,.'..... "':;;':-'.:.;.:-:-:.;. :-::;::-:.:-:::;.::;.:':>.;.:. <.:.:...:-:.:.:-:-:.:>;:.:.;.- -:-::.;.',.. .. ..... WHEREAS, our coml7;!li~jtrf~~~I~oi,~~i7tJtn~loratti1leutes the lushness of its horti~~'r.~f:~t~tJ(J,:() . ... ..... ....... ................................................ .. ...... ............. ........... .. ...... WHEREAS, ............_.........'....... ........ .C.-,-..,,-, . ,..'....... ...,.... ,....................-........... ...........:...............;...............'...........'.-...... ..-......- , ."', ,," ..'_..... ".'.'.:.'.: ................,......'.............;...-. ~~8'l::;e;:a9~l;;i~~~~~e; ~4f8.i&~f quality of our '::{:::::>;:;>:':':';<'::;::'::: .,. .... ,', . ;:::::::::;:::::::::::;:::::::;::.:-::::::;:;:;:::;;: ,:::"., ':.,'.'" . -"'" ,:-: .. '.::::. ::::'; .:::':::::::::::<::;::::>::::;:::::<::::::::::; NOW THEREF,.~i:fjf it proe/aiijJ~~ibYth~,BQql?i:{o(41)Unty~qP"m(9sioners of Collier f!~/orid9'lt#4i/~@'.c6€1:~~~JfJ!I9 be ~.n]lbd as MASTE4ii:~I~~fNE~,.:t4RR~ECIATli?NWEEK IN ~q~fgER COUNTY :::::::~:~:::~~:;;j:~~{:~:~:j:;:~::\:}::;::::.. . ..J ... .. .... .. ..... :-::.:;.:.:.;:;.;.:::.:.;.:::::::::.;-:::::::::.:-:::.::. ... ,.., .,....'..............-.".. .....................;......,.............,.............,'. .',.' ''''.'. ....,.............-.............,.....'.-..., ,'.'.';':- .:~:::f~~:~:~:::::~:~:~:~:;r~:::~::::~::;:}~:::::: .-. ": -'<" >'..:. . .::~><>:)>>/:/:~:::::.>,< opportunities to ourresla~nfsl:Jn(jvisitors. DONE AND ORDERED THIS 23rd Day of March, 1999. BOARD OF COUNTY COMMISSIONERS C~O~~L PAMELA S. MACKIE, CHAIRWOMAN March 23, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE MONTH OF APRIL AS FOCUS ON EDUCATION MONTH - ADOPTED CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Yes, I have a proclamation, Focus on Education month. If I could have Ms. Carol Conway, who's the co- chair of the EDC economic foundations committee? Is there anyone else, Carol, here that's with this particular group? Are you the -- MS. CONWAY: Oh, definitely. I'd like to have anybody from the Naples Area Chamber of Commerce, anybody from Junior Achievement, anybody from the school system that would like to be here, or the Collier County Education Foundation, please join me. I think we're all here. COMMISSIONER BERRY: Oh, you just want to take a picture. You're welcome to come on up. The proclamation reads as follows: WHEREAS, the Economic Development Council of Collier County, through the pUblic/private partnership with the Collier County Board of County Commissioners, strives to provide economic opportunities for our youth through specific efforts to retain and recruit businesses which create high-wage job opportunities; and WHEREAS, a quality labor force and a diversified economy are needed to ensure the economic stability of our local community; and WHEREAS, a good education and inspiration is essential for our youth to value free enterprise, business and economics to improve the quality of their lives; and WHEREAS, the current and future success of our students is dependent on the cooperative relationship of the entire community; and WHEREAS, the EDC recognizes the importance of providing linkages between the business community and all levels of an integrated educational delivery system; and WHEREAS, the needs of the business community is for a well- educated workforce and citizenry; and WHEREAS, the Board of -- Collier County Board of Commissioners and the Economic Development Council of Collier County recognize the efforts and partnerships with the Collier County public schools, Page 10 March 23, 1999 Collier County Education Foundation, Naples Area Chamber of Commerce, and Junior Achievement. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of April be designated as Focus on Education Month, and urge everyone to recognize the importance of preparing our youth with the ability to obtain meaningful employment upon graduation of high school, vocational school, community college or a four-year institution. Done and ordered this 23rd day of March, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I would like to move acceptance of this proclamation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) It passes unanimously. (Applause.) MS. CONWAY: I'd like to start by saying we do accept men as a part of this, although we had all women up here representing us today. I co-chaired the Economic Foundations Committee for the Collier County EDC, and it is with this group of people that we have put together a tremendous depth of programs, all focused in the month of April, that are workforce development related. with unemployment at an all-time low, it is important that we start thinking now about how we can prepare our children and our youth to fill the workforce development gap so that we can retain our talent right here in Collier County. So I'm pleased to have the members of Junior Achievement, the Collier County public school system, the Collier Education Foundation, the Naples Area Chamber of Commerce, and of course the Economic Development Council of Collier County as a part of these fine programs. Thank you very much for the proclamation and taking the time today on your valuable agenda. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) Page 11 PROCLAMA rION MAR 2 3 1999 WHEREAS, the Economic Development Council of Collier County, through the Public/Private Partnership with the Collier County Board of County Commissioners, strives to provide economic opportunities for our youth through specific efforts to retain and recruit businesses which create high-wage job opportunities; and, WHEREAS, a quality labor force and a diversified economy are needed to ensure the economi~ stability of our local community: and, WHEREAS, a good education and inspiration is essential for our youth to value free enterprise, business and economics to improve the quality of their lives; and, WHEREAS, the current and future Success of our students is dependent on the cooperative relationship of the entire community; and, WHEREAS, the EDC recognizes the importance of providing linkages between the business communitr"a 'S of an integrated educational delivery syste" .. ( WHEREAS, '::""., II-educated workforce WHEREAS, ,d the Economic fforts and . lIier County rce, and Junior ':Ssioners of Collier das and urge " with the abili ',',:>:, high school, vocation institution. ...',".-' ,..., ~e of preparing our youth ",.,':'~~::7oyment upon graduation of '",unity college or a four-year DONE AND ORDERED THIS 23rd Day of March, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. M~C'KIE, CHAIR March 23, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: for us this morning. COMMISSIONER CONSTANTINE: privilege to present -- we have is earning her 10-year pen, and continuous service. (Applause. ) COMMISSIONER CONSTANTINE: And Madam Chairwoman, we have several people who are celebrating five years with us. Scott Conley, who is with our water department. (Applause. ) COMMISSIONER CONSTANTINE: Isaac Dennis is in our road and bridge, been with us for five years. (Applause. ) COMMISSIONER CONSTANTINE: Saintil, five years. (Applause. ) COMMISSIONER CONSTANTINE: Though it doesn't seem like five years, but running our library system, John "Grizzly" Jones. (Applause. ) COMMISSIONER CONSTANTINE: Is John Drury not here? COMMISSIONER BERRY: I don't think so. COMMISSIONER CONSTANTINE: Five years ago when we started the Airport Authority, one of the things we looked for, because John had actually moved up a couple times in a short amount of time. We said we want to make sure you stay here at least five years. So I hope he's still here today to celebrate his fifth. John Drury. CHAIRWOMAN MAC'KIE: We'll thank him for it. commissioner Constantine has service awards Thank you, Madam Chairman. It's my one employee with us this morning who that is Diane Day-Deoss, 10 years of Also from road and bridge, Saint Item #6A1 - Continued to April 13, 1999 Item #6A2 - Continued to April 13, 1999 Item #7A JOE LELONEK, EXECUTIVE DIRECTOR OF THE UNITED ARTS COUNCIL OF COLLIER COUNTY REQUESTING FINANCIAL SUPPORT - NO ACTION Page 12 March 23, 1999 We'll move now to public petitions. And the first item that we have is Mr. Leonard Reina is here on behalf of the united Arts Council of Collier County. You understand public petition process allows you 10 minutes to make a presentation, and we can't make decisions based on the presentation today, but we can give direction to staff, if the majority of the board wishes to. MR. REINA: Thank you very much, And I don't plan to take 10 minutes. I guess I should start by introducing myself. My name is Leonard Reina, for the record, and I'm a board member of the united Arts Council. The -- some of the members of the board are here with me today. Joy Lelonek, who is our executive director, is here, and whose place I'm taking on the -- on your agenda today. And Marilyn Brown, who is our president, is here as well. The United Arts Council is here today to do two things: One, to introduce ourselves to you so you know more about us; and two, to ask you for help. And in order for us to introduce ourselves, we've prepared a packet. I hope you all have a copy of it. And it's fairly simple, but it will help demonstrate kind of our unique position here in the county. And I think I would probably start off by directing your attention to tab four. Hopefully you'll find the vision statement there of United Arts Council. And as you can see, our mandate is to promote educational programs, cultural services, both in the community and schools, enhance the artistic quality of life in Collier County for both residents and visitors, maintain a high level of quality and professionalism, creativity, diversity in the arts, provide a liaison with the arts community, provide technical assistance in planning for the arts, provide the community with access to the arts, and encourage financial support of the arts. That sort of tells you what we're about. We are unique in that I don't know how many organizations have been mandated by both a Florida statute and a Collier County ordinance. But we are in that unique position. If I can draw your attention to tab one, you can see that there is a chapter out of the Florida statutes, chapter 265. And YOU'll see at .32, it's at the bottom of the page there, it says county fine Page 13 March 23, 1999 arts council. And the legislature, in I guess one of its brighter days, determined that this was such a worthy cause that they would actually enact legislation encouraging this kind of organization. And without boring you with reading all of it, it basically says that the counties have authority to create -- each county in this state is hereby vested with the authority to create a county fine arts council, hereinafter referred to the councilor arts council, a public agency, corporate and politic (sic), for the purposes of -- and if you read that laundry list there, basically what you'll get out of that is stimulating greater government and public awareness and appreciation for the importance of the arts to the people of Florida. And our statutory mandate is to encourage, promote, survey, support and develop and provide financial support for the arts. The county, in 1984, passed a resolution, which you'll find at page two in this county. And if you look at that resolution, you'll see that it takes right from the statute the language which the statute -- Florida statute indicated the purposes of this organization were. And as can you see there, it says stimulate greater government public awareness, et cetera. And it follows that same list. So Collier County has seen fit to create an ordinance recognizing the united Arts Council which, by the way, wasn't originally called the united arts council. There is another tab which, if I could draw your attention I guess to tab five, which will tell you a little bit about our background, highlights the things that the United Arts Council are about. And we changed our name I think in 1992 to basically be more encompassing in its definition. But you can see the kinds of things that the United Arts Council is involved in is an arts forum. That arts forum is made up of approximately 40 organizations. You can get an idea of the organizations by looking at tab six. I'm not trying to make you jump back and forth here, but it's probably easier to do it this way than -- you know, a picture's worth 1,000 words. If you take a look at that page, you can see the kinds of organizations that are involved in the united Arts Council arts forum. What is interesting there, if you'll take a look at the first column to the right, you'll see members. It lists the members that are involved in the arts forum, and it's approximately 8,000. So we have a significant amount of community involvement and community support for the arts. Pa~e 14 March 23, 1999 If you take a look at the very bottom, there's a footnote there, and the footnote says the total combined audience for the arts forum members will exceed 600,000 people for the 1998-1999 season. So we reach a great audience here in Collier County, and we think that the state has recognized this organization, this body itself has recognized the need of the United Arts Council, the need of somebody to promote arts. And we think with the new century starting out, Collier County has a unique opportunity to take its place amongst the great places to live in the world. If you look at any great city, if you take Rome, what would it be without the Sistine Chapel, Michelangelo, Leonardo. If you take Paris, you think to the Louvre. If you take New York, you think of Broadway. You can't have a great place to live without having a cultural backdrop for people to enjoy living there, and to attract new people, to attract people to want to visit. So the arts I think are something that we're going to need to pay more attention to if we're going to be a well-rounded community. We have an opportunity to do that, starting out with a whole new century. The United Arts Council is an organization that already exists to function as a sort of an umbrella organization, such as like I guess United Way where people donate to United Way, united Way then takes that money and gives it to worthy causes, This is good for you and it's good for the community, because it's one less thing that you have to worry about as county commissioners, that you have an organization I think that has a history and it's been doing a fine job, but we do need your help. Currently right now what's happening is most of our efforts in fundraising are being used to offset our overhead. Now, we realize that being in the public eye, everything you do, some people will be happy about it and some people will criticize you for it. And we do realize that when it comes to art, everybody's got an opinion. Some people like chocolates, some people like vanilla. And we are sensitive that we do not want to put the commission in a position of picking and choosing and being criticized for those artistic endeavors that it may support. United Arts Council's job is to collect monies to fundraise and then to channel those into worthy and meritorious causes. What we need is we need support from the county in covering our overhead. This we think will allow for less criticism of the county and what it Page 15 March 23, 1999 is you're doing with your tax dollars, and it allows us to use our efforts to raise money to do what we do best, which is determine those artistic endeavors that are meritorious and need our support. If we are freed up from the overhead of actually running that, then our efforts of generating funds can be used directly to support the arts, which we think here in Collier County are going to have to be an intricate part of our future. You know, building roads, fire, police, absolutely important, critical. I think we struggle with that and we're doing as good a job as we can. But I don't think when it's over all with people are going to remember Collier County for its roads, its fire or its police -- CHAIRWOMAN MAC'KIE: We hope not. MR. REINA: -- welre going to be remembered for something else. Have I used up my time? CHAIRWOMAN MAC'KIE: You've got a little bit more. MR. REINA: That's okay. I'm sorry, I didn't hear you. CHAIRWOMAN MAC'KIE: No. MR. REINA: You are agreeing with me, I hope. CHAIRWOMAN MAC'KIE: Yes, MR. REINA: Good, great. So having said that, I'm certainly open for any questions, and we are serious, and our members are serious, that we are asking for your help. I think we've been kind of a quiet organization for a long time. And we would like for you to consider us working with staff to develop some kind of a budget item for our overhead so that our activities of fundraising could be used to promote the arts as the statute, the ordinance and our vision statement indicates. CHAIRWOMAN MAC'KIE: Board members, responses? COMMISSIONER CARTER: Whose portfolio would that fall under, commissioners, if we went in this direction? Would that be Mr. Oates? CHAIRWOMAN MAC'KIE: Mr. Olliff, I would think. COMMISSIONER CARTER: Or Mr. Olliff. CHAIRWOMAN MAC'KIE: It seems to me that this might be appropriate to work under the museum -- you know, with the museum, with the library. I don't know how exactly, but that seems to me where it might fall. Mr. Constantine? COMMISSIONER CONSTANTINE: Well, as much as you're not going to like this, Lenny, the board used to give money to homeless shelters and Shelter For Abused Women and any number of well intentioned and Page 16 March 23, 1999 well operating private entities, but we had a formal policy change five or six years ago not to provide public money to private entities, no matter how well intentioned. And there were a number of reasons behind that. But I think unless we have a formal policy change to revisit that -- and frankly, I'm satisfied with the policy as it is -- that I'm not sure this is realistic. I don't want to leave false hope out there for you, so -- MR. REINA: Well, at least I appreciate your honesty in telling me, you know, how you feel about it. What would it take to -- for you to consider changing that policy? Because I think that's what our 8,000 members would like to see you do. COMMISSIONER CONSTANTINE: I don't think I would consider changing that policy, because it's served us very well for the five years. And I don't have any doubt that what you all do is valuable, but what happens is there are dozens of groups in Collier County that do valuable things. And then two things happen: Either we spend an exorbitant amount of money trying to fund all of them -- we had just less than six months ago Special Olympics come in and was looking for some help with their executive director. I'm a volunteer for Special Olympics, I work with them. Great program. But it's not the county's responsibility, nor should public money be doing that. So I think this is staying consistent with what we've done in the past. MR. REINA: Well, I know that there's something comforting about being consistent, but I'm not sure that's always the best thing to be, simply for consistency sake. We are kind of unique in that we do have a statute and an ordinance that recognizes us and kind of gives us a mandate. And we have been created both by this organization, by the state legislature and mandated to promote the arts, and it seems like we're being left to do that, after being created sort of without any backup. I think we -- I think you can differentiate between this group and other groups very easily, just based on those two criteria alone. I do know that it is tough to say no, but I think that, you know, that's -- that's kind of part of -- part of the job is you've got to be able to differentiate when to say yes and when to say no. And we think this is a different group with a different agenda, and we think it's entitled to special consideration. CHAIRWOMAN MAC'KIE: The theory -- Page 17 March 23, 1999 COMMISSIONER CONSTANTINE: Surely you understand that Special Olympics think they're a different group and Shelter For Abused Women thinks they're a different group, and, I mean, everyone who is out there doing good work has that belief, And so that's the tough part. And that really is the second part of what I was saying, is one, either we spend a lot of money trying to fund all of them, or what happened in the early Nineties was commissioners were picking and choosing their pet projects. They happened to work with such and such a group, so that got funded that year. And it was just bad public policy. MR, REINA: I certainly respect your opinion. CHAIRWOMAN MAC'KIE: I just want to say, though, Lenny, if I'm understanding your point, it's that the Arts Council is -- it could reasonably be described as a quasi governmental organization because of its statutory and ordinance. Sort of we've given you unfunded mandates like we feel we get from the state sometime. MR. REINA: You've got it. CHAIRWOMAN MAC'KIE: We've given COMMISSIONER CONSTANTINE: Let me ask, what mandates? A mandate is a requirement, you have to do something. I don't think the county has required you that you have to do something or there's a penalty involved. And also, according to your own history line here, you started in 1980 and the resolution was in 1984. And so obviously we didn't create you. And that's what you said a couple of minutes ago. You know, we recognize you, and I have recognized that you folks are kind of the point for this type of activity. But to suggest that this is an unfunded mandate like the state, I mean, there are penalties involved at the state level if the county doesn't follow what they mandate we do. CHAIRWOMAN MAC'KIE: It's not exactly the same. COMMISSIONER BERRY: It's not a mandate. I mean, it just says you can do this and kind of here's the order in which you can go about doing it. And as opposed to an ordinance, we have a resolution. So it's nothing that is -- it's not a law. In other words, there's not been a law broken here. MR. REINA: No, no, no. I don't mean to -- COMMISSIONER BERRY: Okay, well -- MR. REINA: -- insinuate that you have some type of legal requirement that you must fund us. Obviously we would have been here a long time ago and have crossed that bridge. Page 18 March 23, 1999 But I think we are unique in that how many organizations are there, both the statute and ordinance, talking about the promoting and the creating -- COMMISSIONER BERRY: It's not an ordinance, Lenny. MR. REINA: Well, okay, it's a resolution. COMMISSIONER BERRY: It's a resolution, and there's a difference. MR. REINA: All right. Well, there is a statute and there is a resolution. And we are here doing a service and we're here with 8,000 members that are looking to you for some financial support and some help and to see that you have a commitment to the arts and to making Collier County more than just roads and public health and safety, which is obviously very important but is only one part of the formula. And I guess the test is, is Collier County going to take its place amongst those towns and those areas that have that quality of life? And we'd like to see it happen, We're all -- all of our members work very hard at doing that, and we have a unique perspective in that regard. But we are here asking for help and obviously we can't make you do anything that you don't think is in the citizens' best interest. To the extent that we might be able to persuade you, we'd be happy to provide you with any other kind of documentation or information, invite you to any of our meetings, and introduce you to any of our members to let you know how serious we are about needing some help and support in the community. And I think you'll find that there's going to be a large base of support for the arts. It has been growing by leaps and bounds. And if you look at the Naples Community Theatre, the Philharmonic, all the things that are going on with so many people interested in the culture and the arts. And it's time that we take our place amongst those areas that recognize it and become great places because of it. CHAIRWOMAN MAC'KIE: The point in a public petition would be to see if there is a consensus among a majority of the board members to ask staff to look into this. We've heard from Commissioner Constantine, and I appreciate his consistency on that position. COMMISSIONER CARTER: Well, you know, Commissioner -- Chairwoman Mac'Kie, the gentleman makes a good point about policies. It's always a good idea to step back and look at your policies periodically and ask yourself is it doing what you want it to do. Page 19 March 23, 1999 And we may reach the same conclusion, sir. But on the other hand, I would be in favor of reviewing that policy, because as we grow as a community, what rattles in my mind is what are the communities doing? Are we doing it the best way that we can do it? Or should we take a look at this again? So I would like to review the policy, not only as it applies to the united Arts Council but there are other groups that come in front of us. So that would be my feeling, my recommendation to this board. CHAIRWOMAN MAC'KIE: And I would certainly join you in that desire to review the policy. COMMISSIONER NORRIS: I'm surprised. CHAIRWOMAN MAC'KIE: I know you're not surprised, John. COMMISSIONER NORRIS: Well, I was part of the board that took all the heat to change our old policy and to go to the policy that we have now. That was very hard to do, because there were some very fine organizations that were receiving some support from the county. It was very difficult. But I think it was the right thing to do, and I still hold that view. So as much as I appreciate all the efforts of the council, I'm going to be one that sticks with the old policy current policy, excuse me. CHAIRWOMAN MAC'KIE: No pressure, Barbara. COMMISSIONER BERRY: No pressure. COMMISSIONER NORRIS: And in answer to that, I would not support bringing that back to the board for review. CHAIRWOMAN MAC'KIE: Understood. COMMISSIONER BERRY: I had the opportunity to speak to this group not too long ago, and basically I told you guys the same thing, of what the board had done and the action that they had previously taken. So this should be no surprise, what you're hearing this morning. This was done before I ever got on the commission. And I think for the most part, it has served -- it has served well. Because what happens, every time you get a change in the board then, you're going to get a change in whoever's pet project comes forward is going to be the one that's going to get some funding. So you have to be aware of that. Maybe that gets you involved in the political process; you make sure that someone who is running for office better be supportive of the arts. But that's exactly what is going to -- but if you get to that point, you're strictly one issue, and that's a slippery slope to get on. Page 20 March 23, 1999 You can review the policy, but again, as I explained to these folks, we tried to do this, or what I gathered when I came on the commission, the reason for doing it was they tried to keep the property taxes within a certain range and encourage people, encourage the public to get out and support their particular projects. And I believe, as I told you that day, I think it behooves you to do some kind of an advertising or campaign fundraising kind of thing and let the world know that you're out there and what your needs are. And I guess I have to be a proponent of saying I always support whatever you people can do on your own much more than government doing it for them. I don't think you want us in your life. MR. REINA: We just want your money. COMMISSIONER BERRY: Actually, it might be a little bit of my money, but it's a whole lot of other people's money that we're giving away, and I think we've got to be real careful when we go on that road as to what we're doing. So as far as I'm concerned, unless there is a groundswell of support for somebody coming and saying please revisit this, I'm going to be inclined to stay with the policy as it currently is. At the same time, encourage people to get out and support groups such as yourself and do the thing that they should do for them. If theY're interested in seeing this kind of thing continue in Collier County, then get out and support them. I think you deserve that support, MR. REINA: Commissioner Berry, can we take your comments to mean you will at least reconsider the issue? without making any commitment, that you will change your opinion that you've stated to us, but at least give us the benefit of trying to persuade you that either you and the other commissioners, this may be the time to rethink this issue? CHAIRWOMAN MAC'KIE: I'll tell you this: You would certainly not -- you would certainly have no lack of support in the community for the County Commission to review that policy. I mean, there's a great deal of support in this community, not only in the arts, but in social services issues to have the policy reviewed. And I would hope -- I think that's what I heard, but I'm not sure either. COMMISSIONER NORRIS: Well-- COMMISSIONER BERRY: Well, I have a very strong feeling about government and some of those kinds of issues, and I'm not going to go there, Pam, Page 21 March 23, 1999 COMMISSIONER CONSTANTINE: One of the commitments that I made personally, the final year we contributed to private organizations, the county gave $50,000 total out to various groups. One of the commitments I made at that time, I said, you know, each one of us, just by the nature of what we do for work here, has a unique ability to raise money. So I said at that time, if each one of us made a commitment to go out and raise $10,000 for each year for the private sector then there would still be $50,000 worth of work and goodwill out there. So during that five-year window, I've done that each year. I've raised anywhere between 10, and one year almost $50,000 for private entities. And so there are certainly alternatives to spending taxpayer money. And that's not saying we don't think this is a good idea, it's not saying anything other than this isn't the source you'll get your money from. But I hear a pretty passionate commissioner Mac'Kie here, and perhaps she can assist you in that, just as I work with Special Olympics or the others. MR. REINA: I better mention this, or I'll be in trouble when I go home. I'm hearing from groups, what about the EDC? Is that a group that gets the funding? CHAIRWOMAN MAC'KIE: Well, in a way we do, because we have a partnership with them where we have -- as a county we have economic development -- an economic development program. COMMISSIONER CONSTANTINE: We don't fund any of EDC's budget. CHAIRWOMAN MAC'KIE: None of their operating. But some of their policies we are joint proponents of. COMMISSIONER CONSTANTINE: But we don't spend one penny. MR. REINA: There's no money spent? CHAIRWOMAN MAC'KIE: None of their operating budget? COMMISSIONER CONSTANTINE: Not one penny. MR. REINA: Does anybody have a suggestion as to where we should go from here? COMMISSIONER NORRIS: I think that's outside the purview of the board. CHAIRWOMAN MAC'KIE: My suggestion would be to continue to lobby the three commissioners who aren't interested at this point in looking at the broad question of the policy and see if you can persuade them that there is a groundswell of community support. COMMISSIONER NORRIS: My suggestion would be that your time might be spent in more productive matters. MR. REINA: Thank you very much. Page 22 March 23, 1999 COMMISSIONER CONSTANTINE: Seriously, if you have 8,000 folks who are supportive, that's not a big hit on any of them. I don't know how much you're looking for, but if -- MR. REINA: Well, we did our math, and basically, if you took the population of Collier County and you asked everybody for 65 cents, we'd have $100,000. It's about a pack of gum. COMMISSIONER CONSTANTINE: That's Commissioner Norris's favorite type of analogy. The sheriff gives that every year. You're just asking for a suggestion, I'm just trying to help. CHAIRWOMAN MAC'KIE: And we should wrap it up. And we appreciate you being here. Item #7B - Moved to Item #16I1 Item #8A1 CONNIE D. STEGALL-FULLMER, REPRESENTING GOODLAND CIVIC ASSOCIATION, REQUESTING A WAIVER OF TEMPORARY USE PERMIT FEE FOR AN EVENT HELD ON MARCH 6 AND 7, 1999, ON GOODLAND - APPROVED Next item on our agenda is 8(A) (1), which is the Goodland Civic Association requesting a waiver of temporary use permit -- COMMISSIONER CONSTANTINE: Madam Chairman, move the item. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A2 FINAL ACCEPTANCE OF WATER FACILITIES FOR 951 MINI STORAGE - APPROVED Then add-on items, which would typically be consent agenda items. COMMISSIONER CONSTANTINE: I make a motion to approve item 8(A)(2). COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? Page 23 March 23, 1999 (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. Item ISA3 FINAL PLAT OF LONGSHORE LANE UNIT FOUR - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, LETTER OF CREDIT AND STIPULATION 8(A) (3 --) COMMISSIONER CONSTANTINE: Madam Chairman, I'll move item 8 (A) (3) . COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 24 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~'3 Yi day of fJ\A~ , 1999 between 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: "Longshore Lake, Unit 4 " 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 $9,500.62 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\ 1986\1986029\ WTC\cmasiUnit4,doc MAR 2 3 1999 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 fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 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 amount 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. W:\1986\ 1986029\ WTC\cmasiUnit4,doc JUH-2S-S8 08,38 FROM,QUAILMARK HOMES 10,841 584 0008 PAGE 8/ .. MAR 2 3 1999 TN W1TNF.s.'S WHRRF.OFt the Rcwd and Tlevelaper have caJ1~ thi$ .A..g;r&ement to be executed by their duly authorized representative this ~~ID day of ~b 1999. ~~U- ~ Longshore Lake Homes, L.P. aDeIa.ware LimiWCl Partnersbip doing business in the State ofFlorida as Longshore Lake Homes) Limited I'artncrsbip By: UJ:I General Partn.e:r, Inc. a Delaware C.otparatiCl't1, its General Pa:rtner Signed, Sealed and Delivered in the presence of: ~~'r~L e....llL~b~~ ~U~1 · ~ (/ ~-~ JG:;. hn.:J <.li I rJ11 /) n I c L . ed or Type Name) By: ~.. en, as tary*AA LFt:-- with power and auttlority to bind VVfr7'-'- the partnership and Vice President Attest: Dwi1Prt B,. B~~ Chd: .'. ~ II J. . ". .." : ..~,...' '.. '\I'" "., "\m .' l~ :.~':~~. ~""":Q.-..;..t.:. .,._ _ " ""':::'.~J' ~':""pl..~I:-"""'-:.It'l..:U . . :Attast ',.):~~~),..a.nr-s~~~',.:,' ,. ." ~~-1 "at..,', o..il;Y~ -'~', :,,':r', ' ';- . <:.- .. .' '. :: '..."'~ .......~..,. -i;,.:~t':: ~. '~:~::..fu'tOrm ~dlegal suftici'mM;' ' ,;. , ~o.J. ..~.. Board of County Commissioners of Collier County. Flo..;da Pamela S. Mac'Kie Chairwoman Yid C. Weigel Collier County Attomey \\Hma_mptcs\W.P\t986\1:lS6029\~480617 .doc G){\\ S \'I ()i c..~, " .E!~ NATIONAL BANK p.o. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262.7600 Fax: (941) 262-6267 IRREVOCABLB STANDBY LBTTER OF CREDIT NO. 12-98-0176 ISSUER: First National Bank of Naples (hereinafter IIIssuer"). 900 Goodlette 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 Lake Homes, L.P., a Delaware Limited Partnership. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiaryll) Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT : $37,397.12 (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: IILongshore Lake Homes, L.P., a Delaware Limited Partnership, has failed to construct and/or maintain the required improvements as shown on the plans for the subdivision known as Longshore Lake Unit SC or a final inspection satisfactory to Collier County, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary. II DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: First National Bank of Naples' Credit No. 12-98-0176, dated 1998.11 The original letter of credit and all amendments, if presented for proper endorsement. l1Drawn under December 22, any, must be "Where little things make a BIG difference." l> ~ ~ . E!~T NATIONAL BANK P.O. Box 413043 Naples, Florida 34101.3043 Phone: (941) 262-7600 Fax: (941) 262-6267 Longshore Lake Homes, L.P. Letter of Credit #12-98-0176 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 Documentary Credits Publication No. 500. subject to the (1993 Revision) Uniform Customs and International Chamber Practice for of Commerce FIRST NATIONAL BANK OF NAPLES . Sammons, Vice President "Where little things make a BIG difference. " March 23, 1999 Item #8A4 FINAL PLAT OF LONGSHORE LAKE UNIT 5-D - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, LETTER OF CREDIT AND STIPULATION COMMISSIONER BERRY: Madam Chairman, I'll move item 8(A) (4) CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) Page 25 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TillS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNISION IMPROVEMENTS entered into this n~ (~ day of ~ 1999 between 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: "Longshore Lake, Unit 5D" 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 "An and by reference made a part hereof) in the amount of $13,342.25 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. W:\I 986\1 986029\ WTC\cmasiUnit5D,doc MAR 2 3 1999 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 fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 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 amount 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 _ naplesl WP\l 986\1 986029\ WTClcmasiUnit5D,doc JUN-25-8e 08,41 FROM,QUAILMARK HOMES 10,841 584 0008 PAGE 15/] MAR 2 3 1999 IN WII'NESS WHEREOF.. the Boa:rd and De:\."eloper have can.~ ti1i1& A~e.at to he eueuted by their duly authorized representative tlrisO:3rbday O~999. Signed, Sealed and Delivcnxf ill tht7 p~ of: Longshore Lake Homes, L.P. a De1awa:rc Limited PatUJ.enbip doing business in the State ofP'lorida as Longshore Lake Homes) Limited Parmenhip By: LLH Gen.er:al Partner~ Ine.. a Del.aware Corporation, it$ Oenc:ral Panne.r , J!fJ LI I \U..~'- ~~~UIt"- (Printed or Typed Name) By: A. as *~ with f\1l1 power and amhori.ty to bind thepattl1erihip and Vice President ~"...... AttesJ::, ':".\'~, '" ' D~'B~lk~ Clerk ~"""~c,~",~"",,,,"'::{'.'~.~~~".'" ., "... . ',..' ':.. ~::.. .~": 1<: .!. ~. .;" .". ';' D' '. >.. CI~' .',' ('-'.' Att,st'ls'"O 'C,~~l~~'S 5 f~ature'Of1l1 L<~.~'.. ~, '1/ J ~:- .;.< n;.~'~~)L~ " Approved as to. form. and legal sufficiency:, ' aom:t of t.:ounty Cornmj~one.rs of Collier County. Florida By: amela s. Mac'Kie Chairwoman ~ ) AWx- aviii . W~ Collier County Attorney \\&a_naplcs\wp\1986\i98602!1\W"I'CI.cmag!iSD80618.dce . ,,' .f~ NATIONAL BANK P.O. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262-7600 Fax: (941) 262-6267 IRREVOCABLB STANDBY LBTTBR OF CREDIT NO. 12-98-0175 ISSUER: First National Bank of Naples (hereinafter "Issuer") . 900 Goodlette 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 Lake Homes, L.P., a Delaware Limited Partnership. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT : $13,342.25 (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 Lake Homes, L. P ., a Delaware Limited Partnership has failed to construct and/or maintain the required improvements as shown on the plans for the subdivision known as Longshore Lake Unit 5D or a final inspection satisfactory to Collier County, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: First National Bank of Naples' Credit No. 12-98-0175, dated 1998." The original letter of credit and all amendments, if presented for proper endorsement. "Drawn under December 22, any, must be "Where little things make a BIG difference." ;. .,0 II \;, .E~T NATIONAL BANK P.O. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262-7600 Fax: (941) 262-6267 Longshore Lake Homes, L.P. Letter of Credit #12-98-0175 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 Documentary Credits Publication No. 500. subject to the (1993 Revision) Uniform Customs and International Chamber Practice for of Commerce FIRST NATIONAL BANK OF NAPLES Vice President If Where little things make a BIG difference. " March 23, 1999 Item #8AS FINAL PLAT OF LONGSHORE LAKE UNIT S-C - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, LETTER OF CREDIT AND STIPULATION CHAIRWOMAN MAC'KIE: 8(A) (5) COMMISSIONER NORRIS: Move the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 26 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND ~ENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this r1) day of ~(c..L , 1999 between 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: "Longshore Lake, Unit 5C" B. Division 3.2 ofthe 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 $37,397.12 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. W:\I 986\1 986029\ WTC\cmasiUnitSC.doc MAR 2 3 1999 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 fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimwn 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 amount 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. W:\1986\1986029\WTC\cmasiUnit5C.doc JUN-2~-98 09.39 FROM,QUAILMARK HOMES 10,941 S84 0008 PAGE 12/1! MAR 2 3 1999 IN WITNESS WHEREOF>> the Board.:and ne~'(" Mvecaused this A.~ent to 'be aecuted by their duly authorized represeutative this~~H) day of f'rAyt.\t.-".199 9. Sign~ Sealed and Delivered in tbe presence of: Longshore Lake Homes, L.P. a De!aware 1JnUted .Partnership doini business in the State ofFlorlda as Longshore Lake Hom~ Limited Partnaship By: LIB Genecal Panner~ Inc. a Delaware C":nrpnnrtiou. its General Pamer ... . J!t~ QL~ ~ ~~~ ~~b"'~ (Printed or Typed Na.rne) By: A.' asS t/YJ'~ with full power and authority to bind ' t.....C..- thep~ and Vice President Attest: . ~j1i).", _~ . - ~gbti~ ~~a ~~~.,' . ~." '.' ,:.:,<:~, . '. . , . , ~ ~.. . -. . - ~ CIeri: .... :-- , .. ~ . '. . '., Attest'ls to Chaft.~an'$ S f", ~ture on 1 Y \:.-> ., , ,I ~t :' \~ -. ;\~..::, , Appruv~l'ais 'f.t) tuxm anclltltgal sufliciency: Bod of County Commi~sioner:s of Collier County, Florida By~ Pamela S. Mac'Kie Chairwoman cbl~ J Ar1vv ftl:./ David C. Welge! Collier CoutltY Attorney W:\l9S6\~ 9860:i9\WTC\cmagsi$C80SiUot L)(\,{~ h ()'i '-~_ 'f!~NATIONALBANK MAR 2 3 1999 p.o. Box 413043 Naples. Florida 34101-3043 Phone: (941) 262-7600 Fax: (941) 262-6267 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 12-98-0176 ISSUER: First National Bank of Naples (hereinafter "Issuer"). 900 Goodlette 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 Lake Homes, L.P., a Delaware Limited Partnership. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT : $37,397.12 (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 Lake Homes, L. P., a Delaware Limited Partnership, has failed to construct and/or maintain the required improvements as shown on the plans for the subdivision known as Longshore Lake Unit SC or a final inspection satisfactory to Collier County, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: First National Bank of Naples' Credit No. 12-98-0176, dated 1998." The original letter of credit and all amendments, if presented for proper endorsement. "Drawn under December 22, any, must be "Where little things make a BIG difference." . f!~T NATIONAL BANK MAR 2 3 1999 P.O. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262-7600 Fax: (941) 262-6267 Longshore Lake Homes, L.P. Letter of Credit #12-98-0176 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 Documentary Credits Publication No. 500. subject to the (1993 Revision) Uniform Customs and International Chamber Practice for of Commerce FIRST NATIONAL BANK OF NAPLES "Where little things make a BIG difference. 1/ March 23, 1999 Item #8A6 FINAL PLAT OF nCANDLEWOOD THREE - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item 8 -- COMMISSIONER BERRY: I'll move it. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 27 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FR~ SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into thi~ day of mctl"l'''''- . 19'ti between Peek-Bender.Inc. . (hereinafter referred to as "Developer"), and the Board of County Commissioners ofColIier County, Florida, (hereinafter referred to as the "Board"). RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Candlewood Three 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. 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: within --2- months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3, Upon completion of said improvements, the Developer shall tender its subdivision perfonnance security in the amount of $ 6.632.05 which represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision perfonnance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 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 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 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. 2/17/99-49853 Ver: 02!-AMClNTOS FL Lt.:.* l.c COOOl70 03117-000-001-ECOR-21932 MAR 2 3 1999 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 tenninated, 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 10% subdivision perfonnance 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. 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 perfonnance 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 perfonnance 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 director or consequential, which the Board may sustain on account of the failure ofthe Developer to fulfill all of the provisions of this Agreement. 8. All of the tenns, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer, IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative thi~ day of mCVt-l J... . 19~. Signed, sealed and delivered in the presence of: Witnesses to (Developer Name): 3~ Step~A. Means.-0? h ~ ~y-; z- c.~ Anne P. McIntosh PE:;5-BENDER. .4:..:fl Deve~ ~ L7 By: ,) I' - """'" Robert P. Bender, Vice President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI A .~ ;; . ; ,,~, ..,,~,' "ff\I' .'~"", .. . . '~}! - >,' ..... 1,1.. S .- ' '. , ......" .... ~ tur~.~Nt!"r""Il",.~' '~ :.4-, "';.. .vr..,rti- ~_ ~ ..--: :'~i^!Approved as to fQrm'~ ;,t " ....~ ~."" ,"~~gal ~~ffi 1131.' e n.,c.~.,r:-.;;a~: f.,: '-& -, ",;S1'.l>. ~ " ..J.. ''tfj...' ". ,. .' . 0 - - :--. .:.~,' > .t. '. -A,;'. '. ,. ~ David'C~WeigeI, County Attorney p 2/17/99-49853 VeT: 02!-AMCINTOS FLI~..\lI..c(.'OOOI70 03 J 1 7-000-00 I-ECOR-2 1932 March 23, 1999 Item #8A7 FINAL PLAT OF "ASHLEY GROVE" - APPROVED 8 (A) (7) ? COMMISSIONER NORRIS: Move the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A8 FINAL PLAT OF "THE CLUB ESTATES" - APPROVED WITH PERFORMANCE SECURITY 8(A) (8). COMMISSIONER CARTER: I move the item. COMMISSIONER CONSTANTINE: Second. COMMISSIONER CONSTANTINE: Question for our county administrator. I assume as we get used to the every other week, we can find a way of doing that without add-ons, either -- if we anticipate them coming up, perhaps we can put them on the agenda, if not, scratch them. But I think that if someone ever happens to be interested in a plat and -- CHAIRWOMAN MAC'KIE: Could we add them to consent? COMMISSIONER CONSTANTINE: No, the question is we ought to be able to do some planning here and have it on the printed agenda. CHAIRWOMAN MAC'KIE: Well, that's a -- COMMISSIONER CONSTANTINE: Could I just ask the county administrator and county attorney to respond to that question? MR. WEIGEL: If I may, we looked at the item when it came up a couple weeks ago, Heidi Ashton and her office. We came up with what I think is a hybrid resolution here and that is to delegate the chairman the ability to sign off on the plats themselves. We found that actually the holdup that seems to prevent plats and their accompanying security performance agreement to get on has been the performance security agreement. We think that we can nearly eliminate the add-on requirements here by the board approving a resolution. We should bring that back. If not the next meeting, the meeting after that. CHAIRWOMAN MAC'KIE: Thank you. Page 28 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into thi~3 N) day of ma..rct... , 1999 between The Club Estates L.C., the property owner, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board" . RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: The Club Estates 2. Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, TI-lEREFORE, 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: potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous infrastructure as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 1 MAR 2 3 1999 2, Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereof) in the amount of $ 300,000 which amount represents 1 0% of the total contract cost to complete construction plus 1 00% of the estimate 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, after written notice to Developer, 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 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 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 2 MAR 2 3 1999 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 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 amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision 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 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 3 MAR 2 3 1999 sustain on account of the failure of the Developer to carry out all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives thi~ day o?--n~clt... , 1999. Signed, Sealed and Delivered inbOf: ~ ~tness IJtr~T(d" -t. '2-{ow~~,T e- Printed Name / ./ l:J\ If\;\~~ Witness L rv\Ai..L Printed Name , , 'AITRST: ". " a-'-' . ,f I?~GHT'E!Bg.QCK,Clerk , ........'?-f,,' /" '. " : '. , ..<~~,::,~. L'; ;'Att $1:.1$ j:9~\1~U:S~; :"$' 9nriure. '1>>\},.' '. ...,': , . ....,.... .' " .............. .~ ,.' ,,\.,'" -\-. '"'. ~ .,. . ",:' "t\pproved as, to fgr..m'and legal sufficIency: \-~" -". .,,~, '. \ "; .... .", , 'j" ~". ~ .;,; 1 \1: ~. . t-/ ~ .,..... ..I BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~~ Pamela S. Mac'Kie, Chailwoman avid Weigel Collier County Attorney Civil\fonns\c&m-agre 4 EXlllBIT "A" ENGINEER'S COST ESTIMATE SUMMARY I. Potable Water System $ 2,505 II. Sanitary Sewer System $ 5,500 III. Drainage $ 100 IV. Paving, Concrete, Miscellaneous $ 95.729 SubTotal $103,834 Total (rounded to nearest $1,000) $104.000 Retainage Due to Contractor $ 98.000 lO% of Total Contract $ 98.000 @ 11001'0 Letter of Credit amount = $300,000 1 MAR 2 3 1999 CJ2ufi- ~~ MAR 2 3 1999 Nationsrlanrk IRREVOCABLE STANDBY LETTER OF CREDIT NO, 973741 ISSUER: NATIONSBANK, N.A. ~HEREINAFTER "ISSUER") 901 MAIN STREET, 9T FLOOR DALLAS, TEXAS 75202 DATE: MARCH 19,1999 PLACE OF EXPIRY: AT ISSUER'S COUNTERS. DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL MARCH 22, 2000, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE. THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: THE CLUB ESTATES, L.L.C. (HEREINAFTER "APPLICANT") 4455 ISLE OF CAPRI ROAD, NAPLES, FL 34114 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY, COLLIER COUNTY COURTHOUSE COMPLEX 2800 N, HORSESHOE DR., NAPLES, FLORIDA 34104 ATTN: JOLIN HOUSLDSWORTH AMOUNT: $300,000.00 (U,S,) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: NATIONSBANK, N.A. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S) 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: "THE CLUB ESTATES, L.L.C, HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS THE THE CLUB ESTATES OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NATIONSBANK CREDIT NO. 973741 DATED MARCH 19, 1999," THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS. IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. (CONTINUED ON PAGE 2) MAR 2 3 1999 Natlon.i~'=tmUc PAGE 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER 973741 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO 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 PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FOR ASSISTANCE PLEASE CALL CUSTOMER SERVICE AT 214-508-0685, NATIONSBANK, N.A. 7/~ BEN e6RTES ASSISTANT VICE PRESIDENT March 23, 1999 Item #8A9 ESTABLISHMENT OF AD HOC COMMITTEE TO REVIEW AND REVISE CLUSTERING AND NATURAL RESOURCE PROTECTION STANDARDS FOR THE PROPOSED RURAL FRINGE AREA AND TO DEVELOP AND INTERIM POLICY TO BE INCLUDED IN A SETTLEMENT AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS WITH RESPECT TO LIMITING LAND USES IN THE RURAL AGRICULTURAL AREA PENDING COMPLETION OF A COMPREHENSIVE STRATEGIC PLAN FOR THIS AREA - STAFF RECOMMENDATION APPROVED, RESOLUTION TO BE BROUGHT BACK ON APRIL 13, 1999 Next item is 8(A) (9), which is the formation of the working groups for the compo plan amendment and settlement agreement we had last Friday. Mr. Mulhere. MR. MULHERE: Thank you, Bob Mulhere. We have this as an add-on item to hopefully provide an opportunity for the board to discuss the creation of the ad hoc committee that would be charged in over a relatively brief period of time -- now made brief, I think, possibly by the release of Judge Meale's recommended order on Friday as we were meeting here in the workshop -- to develop revisions to the staff proposed clustering and natural resources protection standards, and also to develop a policy that would address development in the rural area or limitations on development in the rural area, pending the development of the strategic plan. I think there are a couple of issues that are not really addressed in your executive summary that probably need some discussion. Perhaps the county attorney could assist in that discussion. And that is relative to the time frame. It probably is necessary for us to request some additional time, but more importantly, I think we need to have a committee up and running to begin the work in as expeditious fashion as possible. CHAIRWOMAN MAC'KIE: Did you have something to add, Mr. Weigel? MR. WEIGEL: No, I don't, thank you. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: This is just for the establishment of the committee? MR. MULHERE: Correct. The -- from what I understand in speaking to David Weigel, the board can create the ad hoc committee today, could even bring up some names of committee members, if the boards so desired, but on April 13th we would bring back the Page 29 March 23, 1999 resolution actually establishing it, and perhaps then naming members to that committee. CHAIRWOMAN MAC'KIE: What I'd like to do -- COMMISSIONER BERRY: I just have a question. committee or is this a separate -- like the group with is going to be separate. So this is -- what talking about now? CHAIRWOMAN MAC'KIE: It seems to me that what we've got are two committees. One's going to have a shorter life and one's going to have a longer life. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: to be -- COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: life, basically. And board members, please jump in here and tell me where you disagree with what I'm saying, because I think staff is really trying to get this down. That this oversight committee that Commissioner Berry would head up would look at the rural issues over the two years that it may take, and that their primary function is going to be to serve sort of as the protocol managers for what's done out there, to be sure that the principles applied by the engineers and the mappers are scientifically accurate and appropriate so that they're sort of the oversight committee for the work there's being privately funded. Is that an accurate description of that? COMMISSIONER CONSTANTINE: That's certainly what we discussed Friday. I am going to issue a memo suggesting some changes to that in the next few days, which we can talk about when this all comes back in two weeks, but that is exactly what we said Friday. CHAIRWOMAN MAC'KIE: Okay. But nothing that you want to tell us about today? COMMISSIONER CONSTANTINE: No. I've got a number of points. I'm not ready. CHAIRWOMAN MAC'KIE: So that would be -- that's one longer term committee that we would be establishing. And then at our next meeting, we'd be officially appointing the membership of that committee. And people who are interested should apply for seats on it, But it's -- its membership I think is mostly going to be created by Commissioner Berry. Am I right about that? Is this an overall that I'm working group are we Okay. The one that you're working with is going An older life. an oversight committee with a longer Page 30 March 23, 1999 COMMISSIONER NORRIS: The membership of that one is by any stretch of the imagination going to be with people who are conducting the study, because they're the ones who are doing it. But once their study is done, then we'll probably have other people involved in translating all that data into what we want to do with the comprehensive plan. But for now, it will just be the people who are actually involved in the land itself. CHAIRWOMAN MAC'KIE: It seems to me, though, that it's important, for example, for Clarence Tears to be on the committee to be sort of an oversight from the Water Management District. COMMISSIONER BERRY: Right, we want to see people from out in the area that understand the area out there. Not necessarily the owners, that's not what I'm talking about, but understand kind of the -- what's going on out in that particular area of the county. CHAIRWOMAN MAC'KIE: Is there an objection to having Commissioner Berry bring back a recommendation for the makeup of that committee? COMMISSIONER CARTER: No, I think the suggestion to Clarence Tears and perhaps somebody from the Immokalee Chamber of Commerce and the families, I mean, these are the people that are doing it, know the area. We need to get that input and let them do that. And then it's going to go through due process anyhow. COMMISSIONER BERRY: Absolutely. This isn't going to be -- you know, once it's not, it's not going to be the end of it, because then there will be the public hearings and everything else that we have to do, so -- COMMISSIONER CONSTANTINE: It will be -- COMMISSIONER BERRY: -- there's certainly going to be plenty -- COMMISSIONER CONSTANTINE: -- a four or five-year plan instead of COMMISSIONER BERRY: No, but I think you're reasonably looking at at least a couple. I mean, I don't think that that's going to be a -- CHAIRWOMAN MAC'KIE: And at the same time, commissioner Berry, next week when you bring us back that list, can you bring us also back -- or is staff working on identifying who are the property owners that are not in this group of self-imposed moratorium on activities out there? COMMISSIONER BERRY: I believe they -- I believe they -- we can get that information. I was given that assurance. Page 31 March 23, 1999 MR. MULHERE: We are already working on developing a list of property owners and assuming that we would have responsibility of preparing a piece of correspondence for those property owners that letting them know what the intentions are and trying to get some feedback from them. CHAIRWOMAN MAC'KIE: And letting them -- the intention, I mean, that's a relevant point. And I guess, you know, when will we be deciding what we're going to do with property owners who are not opting into this self-imposed moratorium? MR. MULHERE: The intent from staff at this point was to have this ad hoc -- very compressed ad hoc committee deal with that issue in a policy format and bring those policy recommendations back to the board for consideration, CHAIRWOMAN MAC'KIE: Good. Is that acceptable to everybody? COMMISSIONER CARTER: Yes, I think that's good direction. CHAIRWOMAN MAC'KIE: So that's one committee. You had comment on that, Mr. Weigel? MR. WEIGEL: Yes, thank you. And that is -- the committee that will be working with and through the direction of Commissioner Berry, if it is in fact a longer term than a one-year committee under our own ordinance itself, by definition itself, it's actually not an ad hoc committee, but it does take a longer life, and ultimately would be created by ordinance. Although this committee could be created at the next board meeting, if you're ready to create it. COMMISSIONER CONSTANTINE: The rural fringe one, though, will be an ad hoc committee? CHAIRWOMAN MAC'KIE: Right. MR. WEIGEL: Right. But for this particular one, what I would suggest is looking towards solutions, not just saying you can't, is that we can create it by resolution, give it a life of one year, and in the meantime, get an ordinance in the works so that we can memorialize this for the duration that we think that we may have to have beyond one year, so it reach it has the legitimacy of our own advisory committee ordinance. CHAIRWOMAN MAC'KIE: One of the things that we may want to think about is whether or not we want to create a resolution as an ad hoc committee, so that in one year it has to make a presentation to the board on the status. And then we would continue the committee by resolution again. COMMISSIONER CONSTANTINE: Perhaps I'm reading a different executive summary than everyone else, but the only ad hoc committee Page 32 March 23, 1999 it talks about on here is the rural fringe area, and then below it says additionally discussed was the oversight group, so on and so forth. So I think if we are going to do that, then we ought to let Barb create that. But it doesn't need to be ad hoc in order to enforce a reporting deadline, and -- CHAIRWOMAN MAC'KIE: Mr. Weigel is just telling us we can't have an ordinance for the next meeting, you can have a resolution. COMMISSIONER CONSTANTINE: I know, but I'm -- his comment was that you don't want it to be an ad hoc committee, because it will last longer than a year. I don't think anywhere on the executive summary was it contemplated to be an ad hoc committee. MR. WEIGEL: Okay, fine. That word was being used here, and I just wanted to let you know that if it is going to go long term -- Bob Mulhere had mentioned that by virtue of the order coming out, issued Friday, we have a compression of events dealing with the state. And so whether this committee or other committees contemplated here are created, we're going to have to work very adroitly with the state, with Mr. Varnadoe and the landowners that have made some suggestions and proffers as to working with the state. We're going to have to work also with all of the parties to the '97 comprehensive plan appeal, all of them, to see if we can orchestrate, work out the opportunity to develop our plan locally, as opposed to from on high at Tallahassee. CHAIRWOMAN MAC'KIE: And on that subject, which I intended to bring up at the end of discussion on committees, but it's properly appropriate at this point, it's been suggested to me, and I think it's appropriate, that I go and meet with the secretary of the DCA, Steve Seibert, and ask him on behalf of the board to give us time to work -- to tell him what our board has adopted as policies in both of these two records, to ask for more than 45 days, for at least the 60 to 90 days that we're going to talk about for the next committee, the clustering committee, to do its work, and to seek his support for our long-range planning opportunities in the eastern part of the county. If that's something that the board agrees to, I'd like to do that. COMMISSIONER CONSTANTINE: Madam Chairman, I certainly have no objection to you doing that, if it is helpful. Seiberg's a personal friend of mine, so I'll be happy to call him and we may be able to do that, to save you the trip, or at least call him and prep him before you arrive. Page 33 March 23, 1999 CHAIRWOMAN MAC'KIE: Let's certainly take advantage of that. Leadership Florida Convention is great. But is there agreement on the board that we should make that contact with her? COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: And then moving on then to the second, the real -- the ad hoc committee. That committee would be created by resolution next week, Its membership, I would suggest, is then each of us should bring a couple of names, or should bring the names of the people we would seek to appoint, but I would hope that instead of each of us having two slots, for example, we could just discuss the membership next week to be sure that we have a balance of representation on the committee, but that anybody who's interested in serving should send us correspondence within the next two weeks so that we can create and appoint. COMMISSIONER BERRY: This committee will do what then? CHAIRWOMAN MAC'KIE: And that committee's function is in the rural fringe, to identify the clustering and open space requirements, and to make recommendations to us on what we're going to do in the rural fringe. COMMISSIONER CONSTANTINE: Tweak that stuff with a 50 percent and so on. MR. MULHERE: May I just add for the record that although the executive summary refers to the rural fringe solely in the recommendation section, it's a little broader than that, because it would really be all of the policy issues that were subject to challenge by the departments. Some of those require tweaking as well that aren't strictly related to the fringe area, CHAIRWOMAN MAC'KIE: For example? MR. MULHERE: Well, we have a -- the 90 percent versus 75 percent exotic infestation rule applies county-wide, but there was issue with that. So that's just one example. I think we have a good handle of those issues that are questionable at this point in time. CHAIRWOMAN MAC'KIE: So what you're saying is that those -- some of the issues may apply county-wide -- MR. MULHERE: Correct. CHAIRWOMAN MAC'KIE: -- not just in the rural fringe? MR. MULHERE: Correct. COMMISSIONER CONSTANTINE: Do we need to move staff recommendation today, or has Mr. Weigel told us we can't do that? Page 34 March 23, 1999 CHAIRWOMAN MAC'KIE: No, no, no, we can. COMMISSIONER CONSTANTINE: I don't know if we have speakers, but I'll move staff recommendation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Do we -- MR. FERNANDEZ: No speakers. CHAIRWOMAN MAC'KIE: -- have speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Okay, if not -- and clear direction to the staff? MR. MULHERE: Yes, I think we'll return with a resolution on April 13th, at which time you can provide us with a membership and we can begin with the ad hoc committee, that within some reasonably short period of time will culminate its activities. COMMISSIONER BERRY: Question. Is this going to deal with any of the language in the settlement agreement? MR. MULHERE: Yes. COMMISSIONER BERRY: It will? MR. MULHERE: Yes. COMMISSIONER BERRY: Okay. Because there definitely is consensus. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: I guess the way I understand this, Bob, is that this committee kind of does everything outside of the rural committee that is a separate function and entity and a longer term process. MR. MULHERE: Correct. And I'm glad you asked -- made that statement, because I think what -- there's not as much of a time constraint, obviously, on establishing that second oversight committee. There's more of a time consideration in establishing this first committee. The only thing that staff would be looking for this committee to do would be to develop a policy that's acceptable to the department that addresses those land uses in the rural area in the interim period in the study -- in the period in which the study is being developed, which the board specifically discussed at their workshop. COMMISSIONER CARTER: Okay, thank you. CHAIRWOMAN MAC'KIE: And I don't know if this bears saying, but I'm going to, But I thought that the newspaper reporter what happened this past Friday left out some really important facts, and let me just ask: Is there no question that the board has agreed to Page 35 March 23, 1999 the reduction of urban density from four to two? I mean, that's not even on the table, right? COMMISSIONER CONSTANTINE: Correct. COMMISSIONER NORRIS: No-- COMMISSIONER CARTER: Right. COMMISSIONER NORRIS: -- we've COMMISSIONER BERRY: I thought we did that. COMMISSIONER NORRIS: -- established a committee to work in the urban -- CHAIRWOMAN MAC'KIE: Right, that's a done deal. That's a huge news story, if you ask me. And, you know, your quote was so attractive, they couldn't resist making that the focus of the story that we've done nothing, but we've done a lot already. There are a lot of decisions that have been made. One is cutting urban density in half with the two possibilities for bringing the density back up. Transportation planning, they're -- COMMISSIONER CARTER: Well, I think Brent Benton is the only guy that got the message in his column. CHAIRWOMAN MAC'KIE: Well, I just wanted to get the opportunity to put that out there. And then we also, you know COMMISSIONER CONSTANTINE: In fairness to the reporter, while it wasn't the focus, that was mentioned in his story. CHAIRWOMAN MAC'KIE: Well, I think it's pretty darn significant COMMISSIONER CARTER: Well, I think -- CHAIRWOMAN MAC'KIE: -- we cut urban density. COMMISSIONER CARTER: -- it is significant. We reduced it from four to two, that we're working on a framework within the rural fringe, and that we captured an opportunity to do a better job in the strategic long-range planning in the rural. I think that's the story. And it may not be glamorous, but it certainly is a major step forward for somebody in the Growth Management Plan. CHAIRWOMAN MAC'KIE: Okay. So we have a motion and a second on the floor. Is there any other discussion? MR. MULHERE: Madam Chairwoman, I'm sorry, I just wanted to add also that we will be bringing back at the same time a couple of executive summaries; one dealing with the Greiner study for budget amendment. And also, the second dealing with retaining Dr. Nicholas and consultants to help us work on that interim development transfer right process, which the board requested. COMMISSIONER CONSTANTINE: How much have we paid them so far? Page 36 March 23, 1999 MR. MULHERE: $60,000. COMMISSIONER CONSTANTINE: CHAIRWOMAN MAC'KIE: Okay. Thank you. All in favor, please say aye, Thank you, (Unanimous vote of ayes.) And it passes unanimously, COMMISSIONER CONSTANTINE: It was kind of like the wave there. CHAIRWOMAN MAC'KIE: The wave, that's it. Item #8El IMPROVED AND EXPANDED "COLLIER SERVES" PROGRAM INITIATIVE - PRESENTED BY COUNTY ADMINISTRATOR FERNANDEZ Okay, our county administrator has a presentation on the improved and expanded Collier Serves program initiative. MR. FERNANDEZ: Thank you, Madam Chairwoman. Just briefly, I'd like to summarize a new program that we started last year in '98 called Collier Serves. It was designed to explain and educate the public about governmental services, the services that we provide as county government. The program was so successful last year that we decided to expand it this year. This year we're doing it four times during the tourist season, primarily, when we have more visitors with us. And we've gotten a very favorable response so far. We've improved the information that we handed them, we've improved the packets, we've improved the transportation. We've also highlighted Sugden Park as our premier county park, our newest park, and as I said, we've received excellent feedback to the program. I've enjoyed participating in that. We've also had the cooperation of the constitutional officers and all the county departments. We've also enhanced the publicity for the program, using Channel 54, as well as radio spot announcements. Madam Chairwoman, for my second item, I'd like to announce the initiation of a new status reporting process. Mr. Ilschner will be handing to you the documents that we'll be using on a quarterly basis. This is for conveying to the board and to the public the status of our capital projects. It includes 13 different sections, so if you'll see on the tabs on the side there, it's easy to reference the different categories of capital projects. They include Page 37 March 23, 1999 airport, beach and inlet management facilities, median landscaping, MSTU, parks, solid waste, stormwater, traffic signal, transportation, wastewater, reclaimed water and water projects. In fact, I've already had the opportunity to use it. I had a request over the weekend about when are we putting in a traffic light on so-and-so corner, and I was able to turn very quickly to the map. Each section includes three different components. It includes a map showing where the projects are located in the county, a schedule indicating when the projects are planned to be completed, and also, a data base printout for each project. We're providing this, as I said, to each commissioner. We'll also have the information on the county's Web site, the county's public works Web page. We'll include a reference to thisj project status report is what it's called, and you can access that directly. In fact, even those people who don't have computers at home can access it by coming to the library and using the computers there at the library. CHAIRWOMAN MAC'KIE: Tell me how to do that? Do we have a Web page or an address or something? MR. FERNANDEZ: Yes, we have an address. It's Collier -- it's CO.Collier.FL.US. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: US page. MR. FERNANDEZ: Yes. And you turn to project status report within the public works engineering Web page, so -- CHAIRWOMAN MAC'KIE: Oh, so this is a printout of the Web -- MR. FERNANDEZ: That's a printout of the Web page right there. CHAIRWOMAN MAC'KIE: That's just great. MR. FERNANDEZ: CO.Collier.FL.US is how you get that. We'll be updating these on a quarterly basis. We'll be collecting them back from you and refilling them with more current information. I think it will be a very useful tool, and we're excited about using this in the future, for us to be able to keep tabs on where the projects are. This typically is an area that we get a lot of interest from the public, and I think this will be a very useful tool. COMMISSIONER BERRY: I think they actually did this because they got calls from me all the time wondering what was going on, so -- MR. FERNANDEZ: We get calls from all of you all the time. It's on the top of the page. Oh, it's just the regular Collier, Florida Page 38 March 23, 1999 CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: can understand. MR. FERNANDEZ: Thank you. CHAIRWOMAN MAC'KIE: I should speak for myself, that I can understand. I just think that's fantastic. So glad to get started on this. And I urge the public to pay attention to this. This is where your money's being spent. Now you can see. COMMISSIONER CARTER: Now that we have them, all they have to do is come in, if you want to see it. It's right here. We can show it to you. CHAIRWOMAN MAC'KIE: We should put these in the library, too, these hard copies, similar to ours. COMMISSIONER BERRY: Great idea. CHAIRWOMAN MAC'KIE: Good idea. Yeah, I was going to say -- I thank you very much for this. I do, too. I think this is fantastic. Excellent job. Really is. Even has nice little color pictures that we Item #9A SETTLEMENT OF THE CASE OF EVELYN FIELD V. COLLIER COUNTY, CASE NO. 98-3183-CA-Ol, NOW PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIALL CIRCUIT, COLLIER COUNTY FLORIDA FOR $39,750.00 PLUS PAYMENT OF MEDIATORIS FEES IN AN APPROXIMATE AMOUNT OF $300.00 - APPROVED Okay. The county attorney has a settlement proposal in the case of Evelyn Field versus Collier County. Has everyone been briefed on this? COMMISSIONER CARTER: Yes, Madam Chair. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. MR. PETTIT: Good morning, commissioners, Mike Pettit from the county attorney's office, assistant county attorney. COMMISSIONER CONSTANTINE: Mr. Pettit, if there's been a motion and a second, do you think you need to get anything on the record? MR. PETTIT: I don't think I have anything else. CHAIRWOMAN MAC'KIE: Any discussion of the board, or speakers, I doubt. If not, all in favor of the motion, please say aye. Opposed? Page 39 March 23, 1999 (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. MR. PETTIT: Thank you. Page 40 THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this,23hl day of fYJa ftC-A . , 1999 by and between Evelyn Field (hereinafter referred to as "Mrs. Field") and Collier County (hereinafter referred to as the "County"). WIT N E SSE T H: WHEREAS, Mrs. Field filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida styled Evelyn Field v. Collier County, Florida, Case No. 98-3183-CA-HDH (hereinafter referred to as the "Lawsuit"); and, WHEREAS, Mrs. Field and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Mrs. Field and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Mrs. Field and the County agree as follows: 1. Mrs. Field and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the lawsuit, and for and in consideration of the sum of $39,750.00 and other valuable consideration, including the payment of all mediation fees, the receipt and adequacy of which is hereby acknowledged by Mrs. Field, Mrs. Field agrees to dismiss the lawsuit with prejudice. 3. In consideration of the resolution of the lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Mrs. Field, on behalf of herself as well as on behalf of her spouse, attorneys, agents, representatives, insurers, heirs, successors and assigns hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors; assigns, insurers and affi liates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could have asserted in the lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the lawsuit or any incident, event or allegation referred to or made in the Complaint in the lawsuit. In this regard, and without limitation, Mrs. Field expressly warrants that she has the full authority to release all claims of loss of consortium 2 by her spouse that arise from or relate or refer in any way, whether directly or indirectly, to the lawsuit or the events, incidents or allegations described or made in the Complaint in the lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Mrs. Field and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Mrs. Field and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mrs. Field and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Mrs. Field or the County. 7. Mrs. Field and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 3 8. 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. 9. In the event of an alleged breach of this Agreement and Release, Mrs. Field and the County agree that all underlying causes of action or claims of Mrs. Field 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 or any damages arising from the breach. In this regard, Mrs. Field and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the state of Florida. IN WITNESS WHEREOF, Mrs. Field and the County have signed and sealed this Agreement and Release as set forth below. . H i D~T~6; 71J~ 2.4, / , " A T;TEST: _> ~. "DWIGHT E. BRO~, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA :.:." , .. ~~:p~~ '--fAl.t. By: I Ii. ,*, ....: ,\., t,~ "l '\ " Attest as to Chatrlllll'S signature only. ~ 4 Date: tf Iu-/q q , I THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN EVEL VN FIELD AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Evelyn Field before me this ;J. ;2. day of jj~L , 1999. j).~~0\ Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: $~A!f'~~,," D. J. Mullen !*: :~ MY COMMISSION' CC603787 EXPIReS ~. . . '~"l December 17, 2000 'i~p'f.:t.-~" IlONDED THAll TROY FAIN INSURANCE, i>ll; Approved as to form and 1~~11t#- Michael W. Pettit Assistant County Attorney h:lit\Field\settlement agreement & release Personally Known L or Produced Identification Type of Identification Produced 5 March 23, 1999 Item #lOA DISCUSSION REGARDING SHERIFFIS OFFICE OPERATIONS/ADMINISTRATION FACILITIES - OPTION 1 APPROVED, PROJECT ON HORSESHOE DRIVE TO BE PUT ON HOLD CHAIRWOMAN MAC'KIE: Item 10{A), hot dog, we're going to talk about the Sheriff's Office space again. I can't wait. Commissioner Constantine, get us started, please. COMMISSIONER CONSTANTINE: This plan is so simple, I don't know how we didn't come up with it to start with. The idea is pretty simple, and that is that the Sheriff's folks are moving out of Building A as we speak, I guess -- and kind of like Judge Meale. As currently planned as we decided a couple of weeks ago, they're going to have to move about three more times before they end up in their, as I was jokingly calling it, final resting place. If we went ahead now two years ahead of time and started our work on the addition to Building J, it's actually in two parts, and so if we only did one part of that -- and I've laid out for you and gave all of you a little memoranda on that -- but option one shows just adding the first part, which is roughly the same square footage as Building A, so we don't get into the DRI issue, as long as Building A isn't being used. If we happened to miraculously move through the DRI process really, really fast, we could add option two, which is to add both parts at the same time. But the design/build team which we already have in place has indicated this could be built realistically within an 11 to 14-month window, which means roughly at the conclusion of the temporary space we'd be leasing for these Building A folks, they could move into their final working quarters and then avoid several moves, probably save some money there, surely make them more happy and our Sheriff's Department more efficient. There were a number of questions on how do we do the funding and so on, which I've outlined in there, and I know the county administrator has worked on refining some of that since that. But this seems like a commonsense way of being more efficient, saving a little money and getting the job done two years ahead of schedule. Page 41 March 23, 1999 COMMISSIONER CARTER: Well, Commissioner, I would agree with you, and I'm just wondering, where was the Sheriff when we had all these conversations? CHAIRWOMAN MAC'KIE: Actually, if I could say, Commissioner, I think he was saying would you please do this. He was saying would you please build me space; he just didn't think that we would be Building J for him, so would we build some temporary space. COMMISSIONER CONSTANTINE: Unfortunately, nobody ever said that in this room. But the -- much like I said to him when he was giving us the walk down memory lane, where we are is probably more important than how we got here. If we have a chance to fix this now, perhaps we can. COMMISSIONER CARTER: What happens to the people in Building A who stood out here -- CHAIRWOMAN MAC'KIE: They're in their leased space. I've signed those leases. COMMISSIONER CARTER: Okay. They are moved there, they're out until? CHAIRWOMAN MAC'KIE: Well, theY're ready to be out. MR. FERNANDEZ: They're ready to be out. CHAIRWOMAN MAC'KIE: We've signed leases for them, I'll tell you that, MR. FERNANDEZ: In the process of COMMISSIONER CONSTANTINE: Yeah, under this suggestion, they would still go to their temporary leased space and get them out of the alleged sick building, and so they would be happy and healthy for the coming year -- COMMISSIONER CARTER: Okay. COMMISSIONER CONSTANTINE: until the final Building J was completed. CHAIRWOMAN MAC'KIE: I'm just frustrated we -- COMMISSIONER CARTER: Because that was a concern to me, that if they were going to stay in Building A, we're still in the same scenario, same problem. COMMISSIONER CONSTANTINE: Yeah, that's not my suggestion at all. COMMISSIONER CARTER: Okay, fine. CHAIRWOMAN MAC'KIE: I'm just frustrated that we didn't get this proposal, frankly, from our staff as we were struggling with this issue. But it does to me seem to be too simple to be anything other than the logical thing to do. Page 42 March 23, 1999 COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: this? MR. FERNANDEZ: Madam Chairwoman, we have COMMISSIONER CONSTANTINE: You're beating up on everybody today. You're beating up the paper, you're beating up staff. CHAIRWOMAN MAC'KIE: I'm grouchy. MR. FERNANDEZ: We've taken a thorough look at this proposal, we've attempted to refine the figures with a view toward how we fund this proposal. We've looked at some of the funding options. In order to do that, we first had to get a realistic idea of what the costs were actually going to be, including all things that were involved in the costs, and I think Mr. Ochs and Mr. Camp can help us with some of those details. COMMISSIONER NORRIS: Mr. Fernandez, does staff agree with Commissioner Constantine's assessment, that there will be not an effect on our DRI process? MR, FERNANDEZ: That's a question we can't know the answer to at this time. We have some consultation that we have had with various officials regarding that issue, and we can cover that in our presentation. We think there may be some hope that we can minimize it. I think the real answer there is the DRI threshold will have to be crossed anyway as we develop this campus. It may change the timetable somewhat from what we've talked about. But I think more problematic than the DRI issue is the water management issue and the drainage issues. Those can be resolved, but we think it's just going to take longer. And as I said, Mr. Camp can go into more detail about that. COMMISSIONER CONSTANTINE: Commissioner Norris, I did talk with the RPC folks about that, and as long as we're not increasing square footage, they can work with us. But I think Mr. Fernandez is right. CHAIRWOMAN MAC'KIE: I think probably the touchier issue would be by management and whether or not we can add that much impervious space without creating some pervious space. Maybe by demolition of Building A, which -- MR. FERNANDEZ: That's essentially what we'll have to -- we'll have to demolish building A, and then it will bring some additional costs on how we close the ends of Building A, where it attaches to this building and where it attaches to the courthouse. That will be some additional costs there to close those up. Maybe we need to hear from staff. Maybe we do. Do we have staff comment on Page 43 March 23, 1999 Mr. Ochs? MR. OCHS: Yes. Thank you, Mr. Fernandez. Good morning, For the record, Leo Ochs, support services commissioners. administrator. Most of the remarks I was going to make have already been made. I just wanted to add that as we stand here today, the two unknowns are the DRI process. Those office buildings that are proposed are not exempt from the DRI process and would require us, as Mr. Fernandez indicated, to negotiate some kind of an arrangement on the DRI, and also to sit with Southwest Florida Management District to make some arrangements for a water management permit so we could begin construction. In the best case scenario, according to our consultants at Wilson-Miller that are working with us on the permitting and the DRI process, if we got an early work authorization for the water management permit, the earliest we could expect to commence some work would be November of this year on the project. And if we would consider perhaps a 10 to 12-month construction time frame, that would have us in there next fall. Our current leases for the Sheriff's people begin April 1st, and run for one year with a month-to-month renewal provision in those leases, so we can renew the lease on a month-to-month basis, if we need that additional time. The other big issue, and I'll ask Mr. Camp to take you through this quickly, is that staff's estimate of the cost to construct either option one or option two differs from the numbers that you received in Commissioner Constantine's report, and that has to do primarily with some site improvement work, some parking issues that are part of our master plan that may not have been considered. And I would ask Mr. Camp just to run through those briefly for you. MR. CAMP: For the record, Skip Camp, your facilities management director. If you'll look on page four, there's just an option one, an option two as relates to associated costs. There are items, for instance, site improvements. As you know, you have 14-inch big chiller pipes that are underground utilities, along with fiberoptic, stormwater, those kind of utilities that have a major impact, especially as it relates to option two. Now, all those utilities have to be relocated. We've taken that into consideration. There's the demolition of Building A, and there's some associated but maybe you consider minor items. For Page 44 March 23, 1999 instance, the walkway that goes between this building and that building, we would lose that, obviously, and this building would have to be patched. And then the atrium side of the courthouse then would also have to be somehow patched also. We talked about underground utilities. The capacity of the chilled water system has to be evaluated, but there's a possibility that we may have capacity. And then parking. For the amount of parking spaces that we'd lose, we'd have to somehow make up. And I've put some provisions in there for that. And then if you look at the second page of the spreadsheet, it just tells you -- it gives you some numbers for option one and option two. The roadway, for instance, on both options has to be redone. Those buildings will sit right over current streets, current roads. If you have any questions, I'll be happy to answer them, but those are some considerations you should -- COMMISSIONER CARTER: Skip Camp, what happens -- you know, I see option one and option two. Are there some cost savings if we do option two where we don't have any breakup in the schedule of what we're trying to do? Otherwise, we do one and then we've got to come back and finish the project. MR. CAMP: There are some savings as it relates to mobilization. They may be as little as or as high as 35 or $40,000, depending. If the construction company has to remobilize each time, certainly you're going to pay for that. COMMISSIONER CONSTANTINE: Option two would trigger the DRI process, certainly, though; is that correct? MR. CAMP: Well, both options are not exempt from the DRI. We're going to be looking for exceptions. COMMISSIONER CONSTANTINE: I'm not suggesting that option one is exempt. However, if we're doing an even trade for square footage, there's a possibility that it does not clear the DRI process. MR. CAMP: Well, we're already in the DRI process, so -- CHAIRWOMAN MAC'KIE: But we won't make a threshold that -- MR. CAMP: -- but we expect it we'll try to reference an exception, Commissioner. MR. FERNANDEZ: Madam Chair? COMMISSIONER CONSTANTINE: Madam Chairman, am I being that unclear? MR. CAMP: I'm sorry. Page 45 March 23, 1999 COMMISSIONER CONSTANTINE: option one is less bureaucratic via the DRI process than option two? MR. CAMP: I don't know that to be a fact, but I did bring our consultant to answer that question. So if you will, I have a representative of Wilson-Miller to address that. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes? MR. FERNANDEZ: I will say that option one is better from a staff perspective because of the funding, the lower funding number, obviously. This funding will have to come from the CIP capacity that we have. We took a look at the -- at spreading the funding out over a five-year period using the Commercial Paper Program to do that. As it appears, the debt service requirement for the 800 megahertz system has about the same amount -- roughly the same amount of payment requirement. That goes away after the first year into a much lower payment, which creates some capacity there without a significant impact on the rest of your capital improvement projects until the year 2004 where the 800 megahertz requirement balloons up to $500,000 again, and in that year it will be a little more difficult. But the funding capacity issue is one that I think drives the decision towards option one. The square footage is commensurate with the square footage that the Sheriff has currently in Building A, and we think from a funding standpoint that's the one that seems to be more feasible than the other. CHAIRWOMAN MAC'KIE: I see the Sheriff's facilities manager. I'm sorry? COMMISSIONER BERRY: Gary young. CHAIRWOMAN MAC'KIE: Gary? MR. YOUNG: Yeah. CHAIRWOMAN MAC'KIE: Are you here to make a comment on this topic and tell us if you like where we're going? COMMISSIONER BERRY: While he's coming up, can I ask a question? CHAIRWOMAN MAC'KIE: Please. COMMISSIONER BERRY: On option two, that's the one where you would have to come back and remobilize and finish off? MR. CAMP: Either option, you would have to do that. COMMISSIONER BERRY: Either option you would have to do that. MR. FERNANDEZ: Option two is essentially more square footage, it's a larger facility. Also, the function of the ultimate functional use of the space is different. Option A is administrative Page 46 March 23, 1999 space. Option two is operations. And we understand that for purposes of potential sales tax funding, operational space may be a little more acceptable to the public than administrative space. So if we could deal with administrative space in this context, it would also help us in that area. COMMISSIONER BERRY: One of the concerns, too, is the disruption of construction. You just need to think about it. It sounds great, but it's not a whole lot of fun to do it that way. MR. YOUNG: My name is Gary Young from the Sheriff's Office, administrative assistant. We'd be glad to change the name to operation space, if that would make it go faster. That's the first thing. The Sheriff wrote a letter over, which I'm sure you received a copy, of saying he recommended option two. I presume that the option one and two were the same one Mr. Constantine -- has he enumerated them? I haven't seen the -- your -- the Sheriff recommended that, was my understanding, because he thought as long as you were doing it, it would be less disruption to do it at the time. It's a good thing to build a building and build a shell, because you can come back in with minimum disruption to your operation and then finish it out later on. We selected the site on the south side. That's not curved in granite. We picked that because it seemed the easiest place to put it where you could tie into the existing elevators and the existing flow in the hall. Also, if we moved it on the other side, we'd have to tear down the monument, which we don't really want to do, the memorial to slain police officers. I'm not a design engineer, but it seems to me like it could be addressed many ways. You could start out and have it where you could drive under this building and park under it and tie it into the lip of the second story. And then you don't lose any parking at all. And then you're up over the nine-foot elevation, which is the road right -- the elevation of the road out in front of the building in case we do have a hurricane here. But that's not my bailiwick, but it seems to me those were simple things, You could put -- you could put an oblong building, which costs the least to build. That's why we recommended that. I'll be glad to answer any of your questions, if I can. CHAIRWOMAN MAC'KIE: Board members? COMMISSIONER CONSTANTINE: No, I just had a comment. Page 47 March 23, 1999 I think you all have the letter in the little packet I distributed, and he said well, obviously he would MR. YOUNG: Certainly. COMMISSIONER CONSTANTINE: He'd certainly prefer to have option one rather than move everybody around three times. You know, it's a question of what's financially viable and what we can and cannot do. The two problems are: One, if we do both -- if we do option two, both parts at the same time, that we get into some of the cost issues; and two, we can potentially get into a longer bureaucratic process for permitting. So it's a question of whether we can achieve what we need to, still, if we do both parts. CHAIRWOMAN MAC'KIE: Mr. Fernandez, your recommendation is option one? MR. FERNANDEZ: Yes. COMMISSIONER CARTER: Well, I understand then -- COMMISSIONER NORRIS: I'll make a motion that we do option one. COMMISSIONER CARTER: Yeah, I understand the reasoning behind option one, and it doesn't preclude the fact that if we get the funding in the future that we couldn't shift gears and get it into option two. But right now one seems to be the same direction. COMMISSIONER MAC'KIE: And I'm sorry I don't get this yet, but does option one include a building that is built such that a floor could be added in the future? MR. CAMP: Option one is a two-story building that the entire building would be finished. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CARTER: And this meets the administrative needs of the Sheriff. CHAIRWOMAN MAC'KIE: Okay, there's a motion for option one. COMMISSIONER BERRY: How are we going to fund this again? MR. FERNANDEZ: Essentially by taking from your list of CIP projects. As I said, it will be -- it will mean -- COMMISSIONER BERRY: What are those projects? MR. FERNANDEZ: I think we've included a list in your packet. Mr. Smykowski can detail those for you. MR. SMYKOWSKI: For the record, Michael Smykowski, budget director. The funding source -- the board, as part of the adopted fiscal year 2000 budget policy, approved an allocation of eight and a in your packet, the last page, And the Sheriff and I did speak prefer to have all of it. Page 48 March 23, 1999 quarter million dollars from general fund available to fund capital projects. I don't think that -- I don't believe that's in your package. The -- off the top, we have to fund the 800 megahertz debt service in fiscal year 2000. It's approximately a million-four. utilizing the commercial paper program over a five-year period would take, in terms of debt service, it could be approximately a million- five annually. So essentially what we're doing is creaming off the top of that eight and a quarter million dollar allocation, you would fund the 800 megahertz debt service first, and then obviously you would have to fund the principal and interest payment on this building prior to considering new capital non-CIE capital project requests. That would leave approximately -- COMMISSIONER CONSTANTINE: So the big challenge is year one and potentially year five. CHAIRWOMAN MAC'KIE: Right. MR. FERNANDEZ: And that will leave you instead of eight million dollars for capital projects in year one, about five million dollars. And then in year five, in the year 2004, you would have $500,000 less than that -- no, 500,000 more, because you have the 800 megahertz funding jumping up to 500,000. COMMISSIONER CONSTANTINE: And out of that, when you said instead of eight this coming year, we'd have five, A half of that three is for radio, anyway. MR. FERNANDEZ: Yes. MR. SMYKOWSKI: Correct. Obviously you'd have to fund the debt service before taking on new project requests. CHAIRWOMAN MAC'KIE: So we're adding -- we're spending the first million and a half of money -- of our eight million dollar capital budget in addition to the 800 megahertz that we already have committed to spend. The first available million and a half of what's really six and a half million, because a million and a half is committed to megahertz. MR. SMYKOWSKI: That's correct. CHAIRWOMAN MAC'KIE: So we have six and a half, we're spending the first million and a half of that if we go with option one. MR. FERNANDEZ: That's right. MR. SMYKOWSKI: Right. And frankly, that's one of the downsides. Obviously you have one and a half million dollars less in Page 49 March 23, 1999 discretionary, but obviously you're fixing a long-term problem as well, so -- CHAIRWOMAN MAC'KIE: And we're gonna -- we'll see this as part of the capital improvement budget as we go through the process. MR. SMYKOWSKI: That is correct. CHAIRWOMAN MAC'KIE: But can you give us just some general idea what would have been in this slot? What are we bumping? COMMISSIONER BERRY: That's what I'm asking -- MR. FERNANDEZ: Yes. COMMISSIONER BERRY: -- what projects are going by the wayside if we do. MR. FERNANDEZ: I have a list of projects. These are projects that were recommended in fiscal year '99 -- I'm sorry, requested but not recommended, okay? They were -- part of our process was not part of staff recommendation to the board. COMMISSIONER MAC'KIE: But that's what you would reasonably expect to see coming back to you this year -- MR. FERNANDEZ: They will probably be first in line. CHAIRWOMAN MAC'KIE: and one of them last year. MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: so theY're going to -- okay. MR. FERNANDEZ: Financial management system for 500,000. We had the fourth floor of the courthouse, but then we came back late in the process and finally funded all of that, so that's not on this list anymore. Renovations, reroofing, air conditioner units and so forth, to the tune of about $800,000. Orangetree substation, 1.3 million. COMMISSIONER CONSTANTINE: We're going to fund that with the proceeds of the Marco station, aren't we? CHAIRWOMAN MAC'KIE: I like that. MR. FERNANDEZ: New fleet maintenance facility, 1.2 million. CHAIRWOMAN MAC'KIE: What was the 1.2? MR. FERNANDEZ: New fleet maintenance facility. The Belle Meade master plan, 300,000. Gateway triangle improvements, $759,000. And my favorite, Australian pine removal, 300,000. COMMISSIONER CONSTANTINE: Which actually, if I were to prioritize these things, there's less than five million dollars total there that I would put above -- CHAIRWOMAN MAC'KIE: What's the total of that list you just read out? Page 50 March 23, 1999 COMMISSIONER CONSTANTINE: Excluding-- MR. FERNANDEZ: I don't have it. CHAIRWOMAN MAC'KIE: Somebody get a calculator real quick. MR. SMYKOWSKI: It's almost seven million dollars. COMMISSIONER CONSTANTINE: How much of that, though, is the courthouse that you said we've already taken care of? MR. SMYKOWSKI: A million-eight. CHAIRWOMAN MAC'KIE: So now we're at six and a half million on that list, and we've got five million left to spend. COMMISSIONER NORRIS: That's why we have budget assessments. CHAIRWOMAN MAC'KIE: Yeah. Sounds doable. MR. SMYKOWSKI: And you also need to recognize, obviously annually in the process, the number of projects vying for that available eight million dollars is typically 30, 40, 50 million dollars -- CHAIRWOMAN MAC'KIE: Right. MR. SMYKOWSKI: -- anyway, so COMMISSIONER BERRY: Okay, I have one other question. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: What does this do to the overall plan in terms of buildings for this campus? MR. FERNANDEZ: That's the reason why we could recommend it. It's consistent with our overall plan. Initially, to speak to Commissioner Mac'Kie's question there, the original plan was to consider the entire jail and administrative space as one package and, therefore, it was of such a size that we felt that the only legitimate way to address that was for the funding source for the entire project to be secured before we proceeded forward with it. But breaking it up into pieces allows us to look funding mechanisms for it. It is part of the plan. the highest priority in the first phase of the plan. that the funding source needed to be in place before with it. CHAIRWOMAN MAC'KIE: Okay, we have a motion. Is there a second? COMMISSIONER CONSTANTINE: I'll second it. CHAIRWOMAN MAC'KIE: Any further discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. at alternative In fact, it is We had just felt we proceeded Page 51 March 23, 1999 Thank you, Commissioner Constantine, for bringing this to us. MR. FERNANDEZ: Madam Chairwoman, there is the matter of the previous board action that the board needs to consider, whether to proceed with the building at Horseshoe or not. Presently we're in the process of receiving requests for proposals -- or proposals for that project. We do know that process is very expensive on the part of those entities that propose. So if the board wishes to suspend that activity, we need to do that at this time. CHAIRWOMAN MAC'KIE: Commissioner Constantine had a thought on that. COMMISSIONER CONSTANTINE: The public works requirements, Mr. Ilschner, don't actually show that necessary for another couple of years; is that correct? We were trying to do this because it fit, you know, an unusual situation. CHAIRWOMAN MAC'KIE: Come to the mike, please. MR. ILSCHNER: Yes, sir, that's correct. MR. FERNANDEZ: I would say the need was not as urgent as this was. But we felt that it was an expedient way of getting at this need and meeting that one at the same time. They're both in the first phase of that master plan. COMMISSIONER CONSTANTINE: Considering our -- CHAIRWOMAN MAC'KIE: Limited budget anyway. COMMISSIONER CONSTANTINE: Yeah, limited budget anyway, I'd say we should probably hold that off until it does reach that level a couple years out where it becomes a necessity to do. COMMISSIONER NORRIS: If that's a motion, I'll second it. COMMISSIONER CONSTANTINE: I'll make that motion. CHAIRWOMAN MAC'KIE: And you'll second it. Is there any further discussion on that motion? If not, all in favor of that motion, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: a break. CHAIRWOMAN MAC'KIE: Probably do need to give our court reporter a break. But then you know what, we're going to finish, right? COMMISSIONER CONSTANTINE: Yes, we are. CHAIRWOMAN MAC'KIE: All right, we'll take a 10-minute break. Be back at 10 till. (Recess. ) And that passes unanimously. I think we need to give our court reporter Page 52 March 23, 1999 CHAIRWOMAN MAC'KIE: Okay, we'll call the meeting back to order, Board of County Commissioners, March 23rd, 1999. I've been asked by our county administrator to open the meeting with some comments on the last item that we were discussing before the break, so we'll start there. MR. FERNANDEZ: Madam Chairwoman, we discussed the fact that we need to reconsider our plan for the RFP for the building, for the public works building. During the break, Mr. Ilschner and I discussed the fact that his need for relocating the transportation staff is critical, and we would be needing to come back to the board for leases for that space. And I responded by saying we just told the board that that was not as high a priority as Building A, so I'm not sure the board would be receptive to that. I also know that we have substantial crowding with Department of Revenue and Health Department in the Horseshoe complex. So I intended to at least inform the board of our need to come back to you at a later point in time in order to meet those immediate needs. And it mayor may not warrant the kind of square footage we were talking about before, we there will be some need for additional space to meet the immediate cramping. CHAIRWOMAN MAC'KIE: So maybe we need to keep that RFP process alive. Because the alternative is going to be leasing space, which is -- COMMISSIONER CONSTANTINE: I apologize for missing the first part of that. Can you tell me that again? MR. FERNANDEZ: I was saying that we had a conversation over the break with Mr. Ilschner, and he indicated that there will be the need for us to come back to the board and ask for additional space for the transportation staff, because they are cramped. And I indicated that I felt that our comments at the end of that last discussion would have not made the board very receptive to that request for additional lease space, and I felt that we wouldn't be a position to request that. I thought that it would be more appropriate to come back and let the board know that we will have that need for additional space. The staff in the transportation department is severely cramped. COMMISSIONER CONSTANTINE: How many square feet, though, are we going to need? Because we're talking about a 59,000 square building, and I can't imagine we need 59,000 square feet of additional space for our transportation staff. Page 53 March 23, 1999 MR. FERNANDEZ: Mr. Camp should be able to speak to the square footage number. MR. CAMP: For the record, Skip Camp. You would not need considerable square footage. It's totally different from the 60,000 that you were going to build. It would be substantially less. The type you would probably lease first rather than build. MR. FERNANDEZ: But do you have a ballpark number of the square footage for transportation relocation? MR. CAMP: I don't have it right now. I'd have to go back to my office. COMMISSIONER CONSTANTINE: Let me just make sure I heard your last comment there. All right, in fact we'd probably lease rather than build, because it's a fairly small amount. MR. CAMP: Leasing is an option that we've used in the past to fill that gap, and that's something I would recommend for a department like that at this point. COMMISSIONER CONSTANTINE: It sounds like we still want to suspend the RFP process for that 60,000 square foot building. CHAIRWOMAN MAC'KIE: And you're just sort of giving us the heads up that you're going to be back probably with some lease request. MR. FERNANDEZ: We'll be back with some lease request. CHAIRWOMAN MAC'KIE: Is that okay with the board, or do you want to reconsider the RFP? COMMISSIONER NORRIS: No. COMMISSIONER CONSTANTINE: No. COMMISSIONER NORRIS: I think that's the -- COMMISSIONER CARTER: No, I think I'm okay. I just think you need to have a coordinated approach here between public works and Skip Camp and yourself, Mr. Administrator, so that we know when some people tell me it won't be substantial. I don't know what that means. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: I want a definitive answer to these things. I will want to know how much we're going to have to lease, and if we're going to suspend this process, fine, but I don't want any big surprises down the road. MR. CAMP: The difference may be 10 to 15,000 versus 60,000. I consider that substantially different. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. Page 54 March 23, 1999 MR. FERNANDEZ: Your comment about lease being not as cost effective as the building and space, though, is something that is appropriate to consider. Ultimately there will be the need for the additional space. It's not as pressing currently as it was when we were considering moving the people from Building A. But there is going to be the ultimate need there, and I do have the concern of leasing space when ultimately we're going to have to find permanent space for those employees. CHAIRWOMAN MAC'KIE: Well, as Commissioner Carter was saying, it really is for me anyway a financial analysis, what's the cost of the carry for the funding that would have to be doing our commercial paper, I assume, to carry a 59,000 square foot building that we don't need yet versus what's the cost of this leased space, which we don't know how much that is, because we don't know if it's 5,000 or 2,000 or, you know, 10,000 square feet. COMMISSIONER CONSTANTINE: I haven't heard anything that would change my mind as far as going ahead with the RFP process. MR. FERNANDEZ: Okay. CHAIRWOMAN MAC'KIE: So -- but I have heard that -- well, when will you be coming back to us then? MR. FERNANDEZ: We can do -- I think by the next meeting we should be able to do a lease analysis versus purchase cost effectiveness kind of thing. That should be relatively simple. CHAIRWOMAN MAC'KIE: Is that acceptable to the board? COMMISSIONER NORRIS: That's quite acceptable. COMMISSIONER CARTER: It's quite acceptable to me. And then you will know exactly whether -- how many square footage you're going to have to build or lease, and that will change your RFP process. CHAIRWOMAN MAC'KIE: So do we want to sort of suspend this RFP - COMMISSIONER CONSTANTINE: Yes. CHAIRWOMAN MAC'KIE: -- for now? COMMISSIONER CONSTANTINE: That was the direction we had given as part of our motion before. CHAIRWOMAN MAC'KIE: Okay. We're staying with that? COMMISSIONER NORRIS: Yes. COMMISSIONER CARTER: We're going to stay with that until the next meeting, and that still gives us enough time to make a decision, once we've got the analysis. CHAIRWOMAN MAC'KIE: Okay, that's direction. Page 55 March 23, 1999 MR. FERNANDEZ: So the direction is to continue with the RFP process -- COMMISSIONER CONSTANTINE: No, no. MR. FERNANDEZ: To suspend the RFP process. So we're going to pull those back off -- COMMISSIONER CONSTANTINE: If you happen to come back and be able to convince us we need a 60,000 square foot building immediately, we'll consider it MR. FERNANDEZ: Okay. COMMISSIONER CONSTANTINE: but for the time being, it's suspended. MR. FERNANDEZ: Okay, thank you. COMMISSIONER CARTER: Suspended for two weeks, as I understand it CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: Yeah. -- until we come back. That's it, essentially. Thank you. Item #10B RESOLUTION 99-181, APPOINTMENT OF FAYE REDDICK AND MARIA GRIMALDO TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED CHAIRWOMAN MAC'KIE: Okay, let's go to item 10(B), appointment of members to the Hispanic Affairs Advisory Board. COMMISSIONER CONSTANTINE: Madam Chairman, there's two openings COMMISSIONER NORRIS: Two and two. COMMISSIONER CONSTANTINE: -- and two applicants, I'll -- CHAIRWOMAN MAC'KIE: Is that a motion? COMMISSIONER CONSTANTINE: make a motion we -- COMMISSIONER NORRIS: Second. COMMISSIONER CONSTANTINE: approve those two applicants. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. Page 56 RESOLUTION NO. 99-181 flIt- 2 3 1999 RESOLUTION APPOINTING MEMBERS TO THE HISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently two vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Hispanic Affairs Advisory Board has submitted to the Board of County Commissioners its recommendations for appointment on this Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Faye D. Reddick is hereby appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25,2001. 2. Maria Grimaldo is hereby appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25,2002. This Resolution adopted after motion, second and majority vote. ,,', "".1',. '; , ,', '" t 1,) fI ! ,~~'~j.'- i.~ ~_',.';: h V "\~I- " "Ll~lfEDil~Iylar~n ~3, 1999 '}'; :...~>;" ;f:~~ . ;:;.J~,~I><,! ~{);~~" ~\t_~'ii~ ~ '::\~~ I.," " llt!):"..1 i,r"t., ".' ,~" ',~ ,'; '~>:f~l~Y .' , :~ ~'~: ':,I:\,I:I.~;.t~~~;r '1;~~~..At~'~~~~~;~ ,~, :. ~TTESf:. '" '; . ","\. ,..Jt, -' ',.ll-J.' .. .' '/~t,.,'/ - -'ti,!' . "';'~~~l t ' . ',';~PWJ6HT E. BR(j~, Clerk )?~J!~,;..~!:.f~L. I" ''''~:~:C;l-'\Ii~~~~' ~, ,,' . pt:~;i~)',~ : .''t. ><':~';;;J:'},~,fr'W1t~~~..": 'I,. <~~"}\:":I~:[:l}:~i~";:;'\;~l~~(, ~~*.i~~'~4' d ' t," ,. II'; .- If/!(l \:-..~:.,';I:::;r"':,'\"'" p -, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , ~: ", Attest IS to Cha1nian's s1gftature only. Approved as to form and legal sufficiency: ~ t. ~4-if~ David c. Weigel County Attorney ADV BD/kn Item #10C March 23, 1999 RBSOLUTION 99-182, RBAPPOINTING MARIA DB LA LUZ V. ORITZ, JOHN KIRCHNBR, IRA MALAMUT, FLOYD CRBWS, JIM PENCZYKOWSKI, JERRY HUBBART AND AL NEUMAN TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPTED make Immokalee Enterprise COMMISSIONER NORRIS: a motion we -- COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Zone Development Agency. Seven and seven, Madam Chairwoman. I'll Second. approve it. All in favor, please say aye. That passes unanimously. Page 57 MAR 2 3 1999 RESOLUTION NO. 99-182 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there are currently seven (7) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Maria (Lucy) De la Luz V. Ortiz, representing the category of Non-Profit Organization, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tenn, said tenn to expire on April 4, 2003. 2. John W. Kirchner, representing the category of Chamber Representative, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tenn, said tenn to expire on April 4, 2003. 3. Floyd Crews, representing the category of Business Operating in the Zone, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tenn, said tenn to expire on April 4, 2003. 4. James Penczykowski, representing the category of Non-Profit Organization, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tenn, said tenn to expire on April 4, 2003. 5. Alan W. Neuman, representing the category of Private Industry Council, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tenn, said term to expire on April 4, 2003. MAR 2 3 1999 6. Ira J. Malamut, representing the category of Non-Profit Organization, is hereby appointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2003. 7. Jerry Hubbart, representing the category of Business Operating in the Zone, is hereby appointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2003. This Resolution adopted after motion, second and majority vote. DATED: March 23, 1999 ATTEST:.. ',' p~~;ut~-1i~~~Gk~ Clerk "U'~ ~' '.' " ';&. ~'j ", .;M",~1I'" {fo; \"<", .. r, ' . ,.' " , : ',i~j:~~~,l: '~:':'\~,,""-':~' ~_.:.:'" c-...,..... , 'l":'l_,~ ,e""'': .. "~_'~,'''\ ~- e:. "f # . ..,' . " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,,;.::: " ,~' \,~.,,"\:~~~. -';,../;-t.~~:.' " ,/4,; At"t~'~:"::~($t~.~~th~~~' s s 1 gn at~re'on Ix!!:., \> " f.\, 'jl '\~;' \. ' . Approved'as to form and legal sufficiency: .t, By: p David C. Weigel County Attorney DCWIkn March 23, 1999 Item #10D RESOLUTION 99-183, APPOINTING/REAPPOINTING GENE VACARRO AND JERRY THIRION TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED The Tourist Development Council, 10(D). COMMISSIONER CONSTANTINE: Madam Chairman, I'd like to see us reappoint both Gene Vaccaro and Jerry Thirion. Both have done a good job, and Vaccaro's only been on there a fairly short period of time. We probably ought to re-up him as well. CHAIRWOMAN MAC'KIE: I agree, COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Motion and a second. Any discussion? If not, all in favor, say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 58 RESOLUTION NO. 99-183 MAR 2 3 1999 A RESOLUTION REAPPOINTING MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92-18 created the Tourist Development Council and provides that the Council shall be composed of nine (9) members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, there are currently two (2) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Gene Vaccaro, representing the category of non-owner/operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term expiring April 21, 2003. 2. Jerry Thirion, representing the category of owner/operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term expiring April 21, 2003. This Resolution adopted after motion, second and majority vote. DATED: March 23, 1999 ATTEST: DWIG.;r;lll~~,13ROCK, Clerk , , ,'eO" 1,;;,,,, LI I.J ' '~"'I~' ", " /' ~, ~ ,,' .~ ...,1.'),,'.,....', ,.'1 "..... ,'.....,. '~....'..'r:' "v i:;;':'~.,t'<:;:':~',:l~h~~,qj",. ?:~ :l" fi1il~~#~ ~rt . ;;.. ':.':\;; ::/1"',1:..,:':..:.' . ,. . . '(' :Att~sta's':t~:"Qtl.l~' s " st8J'lturt, OIJ IJ~:4.;: , App1-6ve4 ~ 'f(;,rO'rm and legalsrifficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~-W4-(1tP~~ David C. Weigel County Attorney DCWIkn March 23, 1999 Item #10E RESOLUTION 99-184, APPOINTING SUSAN SAUM TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED Radio Road Beautification Advisory Committee. COMMISSIONER CONSTANTINE: One and one, move the item. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye, Opposed? (No response.) Page 59 RESOLUTION NO. 99-184 MAR 2 3 1999 A RESOLUTION APPOINTING SUSAN SAUM TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the committee shall be composed of five (5) members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Radio Road Beautification advisory Committee has made its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLffiR COUNTY, FLORIDA, that: 1. Susan Sauro is hereby appointed to the Radio Road Beautification Advisory Committee to fulfill the remainder of the vacant term, said term to expire on March 3,2001. This Resolution adopted after motion, second and majority vote. DATED: March 23, 1999 " "':;~ ~ 14~~~'" ,,',," I~ "~ii~fH(U'~l~ ~'; ..A1ll1~'i\ ,f JtQ.1t::~' ....~:>>WIGHj;E-: BR0~K, Clerk ,~',:J::r ':, ~:~~S:'\":~~~'I:~~\ ':i~:'..~'{'''~"<;'\~'~' ~ ,"'It,.. x~,~~,,;;..~i,:~,{,,~~!, ,,-t' ,', ',><' '.':" h... ,_, "~!"'fI' '"~"';I,....t\",);~:i.O" :::",~_'~-"." '~~~;,i~" .,:"~ii >>.-.ff "~~~'~'(.'J' ..'-t,. ,~',. .:," f ,),. e:. ?'~l~~'<':';;~_ _':~~l ..,,),::J:~'..'. .:'~\~~.:,~~j.:j'f 'Sr/J. .. ...( '<,..\.....,,~,.;; If''-r ,'" j.;, ~,'..,I ;-.:: . ~.:V; .I~.~:.-~...tl'" '.r ~\{~~... ...~ . ,t"'- " I: ,~.~';~,... .{)'I:" ,"'l.., ',~~.. . /, ,>.,:~~'J;~,:~I;..;.,,::, \ (" _ ..... ;,;t;,"l-;.,o'~ ~ ('"',' II< ...~ Attes~ i~'~~l~'tha 1 run · s s1gftature oolJ. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMIS~IONERS COLLIER COUNTY, FLORIDA .(l By: p dJ.AN~ (i. it~~ David C. Weigel ' County Attorney DCWIkn March 23, 1999 Item #10F RESOLUTION 99-185, DECLARING A VACANCY ON THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED CHAIRWOMAN MAC'KIE: Golden Gate Beautification Advisory Committee, COMMISSIONER CONSTANTINE: Just to declare a vacancy, I'll make a motion we do exactly that. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 60 RESOLUTION NO. 99-185 MAR 2 3 1999 A RESOLUTION DECLARING A VACANCY ON THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the committee shall be composed of five (5) members; and WHEREAS, Collier County Ordinance No. 86-41, as amended, provides that: "Any board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein;" and WHEREAS, the Co-Chairman of the Committee advised the Board of County Commissioners that Mark W. Houghton has failed to attend six (6) consecutive meetings without a satisfactory excuse in violation of the requirements set forth in Ordinance No. 86-41, as amended, and has requested that the Board of County Commissioners declare that the seat held by Mark Houghton be vacant on their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seat of Mark W. Houghton to be vacant on the Golden Gate Beautification Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: March 23, 1999 ATTEST: DWIGHTE:.:BROCK, Clerk , \. .';- .-'"' , ,', :.(,~:'?)~i"";:;'i;:".,.,~I.<,,; " ~~\ t'#i';~~,;J~.:~'t; ~~;. ,,-::, :i<':;'.i;;'!l.Jii:"1-4;.~:,/,)!i~,,~.,~~ . '.::'" ';~:;~;k\.. ':<, ,:~~.:..tG:~:"'<, ., , .~~:~:~,' '1', ,., .,,~t;. . J~.~ . Att!, '~~"tt~.~, ~!*! ,:C~~","l,"..n 's s 1 ~~t, ,~i1J 1.', ::.~.); Approved)lS.to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,(l By' ~AM:I (?flr.~~R- David C. Weigel County Attorney DCWIkn March 23, 1999 Item #10G RESOLUTION 99-186, APPOINTING EDWARD FERGUSON, WILLIAM EBBEN, CHARLES GETLER, SHARON HANLON AND DONALD CAMPBELL TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED Government Productivity Committee, 10(G). COMMISSIONER CARTER: I move the item, that we go with the recommendations. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER NORRIS: Second. There's five and five there. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes,) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 61 MAR 2 3 1999 RESOLUTION NO. 99-186 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10t as amended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there are currently five (5) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sharon M. Hanlon is hereby appointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2001. 2. Donald Campbell is hereby appointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2001. 3, Edward T, Ferguson is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4t 2001. 4. William E, Ebben is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4,2001. 5, Charles E. Getler is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4,2001. This Resolution adopted after motion, second and unanimous vote. DATED: March 23, 1999 ATTEST: DWIGHT .E. BROCK, Clerk '; \".l j:k YJ'iJ ..~'~, .' ,,'1' ." v' r ,~" ,"14" .."',,, . .,..r II,. ", -~.i' '-Jl..'\.":"" - '. . ~ l t .'\," :" -'. ","c :':';" ...~. ~~'i~'.I;,1l f'" '~l 0 ' " . i:;~:~~/,:". T> ," ,:< (~;;;:;:~ .', fe \~~J"~~;W'~~'fL' IfP.fL :"~ l!'" ,1-1 ~ ~~r;,,', y ;'_~, - ~:_'_. ~t'I:'I~,., .. ':I" ~,' se:r'~t'~'.":~:"l,.:...'" ,0,; '. ;'(,j: I\H ~ 'KtO'''''hll~'~. , . .,' I ,f~. ,fJ.'~ S1n6,,~ .....,.,'~. I,"~ """~' S IN ~mt " iJF! -, : "" j '~t .,\ ..,...~~. .....r::."1:.... ,t_...~',' ,,',." ' ' ',~." App'ld\JideasH3 form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYt FLORIDR J.~~~ David C. Weigel County Attorney DCWIkn March 23t 1999 Item #10H RESOLUTION 99-187, APPOINTING ROBERT LAIRD TO THE CONTRACTORS LICENSING BOARD - ADOPTED Contractors' Licensing Board. COMMISSIONER CONSTANTINE: This one I've got a little question on. I know there was a state law change and we were supposed to do whatever it is we're doing here, but there's two concerns. We had two folks -- well, we had one person resign, only I'm told they resigned -- it was a fairly new appointeet they were told, because they were the newest one and had the least senioritYt they'd be forced offt so they turned in their resignation, And Ms. Filson had recommended one of the others who was going in June anyway. And perhaps we ought to just wind that one up. That was a conclusion of the second term for that person; is that right? MS. FILSON: Yes, two full terms, COMMISSIONER CONSTANTINE: That individual is not real enthusiastic after putting in nearly two full terms and being asked to leave prematurely. The suggestion is that if we need to appoint the one for the resignation, even though it's not -- it wasn't fully voluntary, that we go ahead and do that, but the second one, we wait till June. I know, Mr. Weigel, you're going to say golly, this shouldn't be happening now, but what penalty can possibly happen if we let the one individual complete his term until June and then fill that appointment? MR. WEIGEL: I'll say golly, I think you're on the right track there -- CHAIRWOMAN MAC'KIE: They may consult him. MR, WEIGEL: -- in the sense that the statute doesn't seem to give any leeway. But I think if you go on record todaYt we've got one on, another one coming and a third that's shown to be coming, that we'll be in good shape, I think. We'll defend that to the utmost. COMMISSIONER NORRIS: Can you make that into a motion somehow? COMMISSIONER CONSTANTINE: I was just going to suggest that we only appoint one, and that's just to fill the vacancy via the resignation that came in. I don't have a preference here. If someone does, I really -- Page 62 March 23, 1999 CHAIRWOMAN MAC'KIE: I'd like to see Mr. Laird appointed to that position. COMMISSIONER CONSTANTINE: I'll make that the motion. COMMISSIONER NORRIS: That's fine. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER NORRIS: Second, COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Okay. All in favor, please say aye, Opposed? (No response,) CHAIRWOMAN MAC'KIE: Passes unanimously, Page 63 RESOLUTION NO. 99-187 MAR 2 3 1999 RESOLUTION APPOINTING ROBERT D. LAIRD TO THE CONTRACTORS' LICENSING BOARD. WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples or recommended to the Board by the Naples City Council; and WHEREAS, effective October 1, 1998, Section 489.131(10), Florida Statutes, requires that every contractors' licensing board consisting of seven or more members must have at least 3 of those members qualify as consumer representatives. WHEREAS, there is currently a vacancy on this Board for the category of Consumer Representative; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from various interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert D. Laird meets the prerequisites for appointment and is hereby appointed as Consumer Representative to the Contractors' Licensing Board for a three year term, said term to expire on June 30, 2002. This Resolution adopted after motion, second and majority vote. DATED: March 23,1999 , ,~Du;Arlll, , ~,,:,'''''''k' 11/' ATIEST;::i;h,.., l' " :PWI~GHTE1IB'ifp~~Clerk ~':,\(~~~, " ,'",: ~",~\{::; ::9;:'\~' ;.' ,\;~~'};;i/ r'\ . .. ~\ l ':j;~f. . ,;"~',: .'::\."" :.l~" .:~)'l. ,~:~,. \" ; ^ ,~r~, ::i'h~t.; '.~.~ J~~'~!"i;(0 Attdfbf~l~q \~ii rllill' S S1gft.ture'OtllJ. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID By .to. 4 _' '" . 6. JJ. .# David C. Weigel ~ County Attorney DCWIkn March 23, 1999 Item #11A1 REQUEST TRANSFER OF $2,982,100 FROM GENERAL FUND RESERVES TO THE RESERVES OF THE SHERIFF'S OFFICE - NO ACTION And now one more time at discussing the sheriff's three million dollars to be transferred from general fund reserves to reserves of the Sheriff's Office. Got something new to say, Crystal? MS. KENZEL: Probably not, Commissioners, so I won't stand here for a long time. For the record, crystal Kenzel, finance director for the Sheriff's Office, This is one attempt that we would like to open some discussion, or hope to resolve, the reserve issue locally. If not, we are moving forward on the appeal process, We have some things coming up over the summer that we've identified in the executive summary, including unfortunately what we read about the 800,000 reconsideration of Marco Island. That's again pending and won't be determined until April 5th. We also have some pay plan issues that were under a pay plan survey right not. We anticipate that we may well need reserve funds available to update our pay plan. Those are the only two issues that we specifically have identified. We may have some other emergency equipment issues throughout the year. And again, it goes back to we would just like some identification of those reserves in the Sheriff's budget available for those emergency items as they arise. That's it. CHAIRWOMAN MAC'KIE: The alternative would be to come back to the County Commission and say we need this money out of the reserves, COMMISSIONER CONSTANTINE: Yeah, that's what I was going to say. State statute I think is fairly clear that reserves need to be requested individually as the necessity is there. Reading the executive summary, it says the Sheriff's Office may have needs that exceed the current appropriation, Needs may include, and it goes on to list. And those aren't specific requests, and I don't think it's in conformance with state statute, so I don't support that. COMMISSIONER NORRIS: Appreciate you coming, though, Crystal. MS. KENZEL: Thank you. And I do want to leave on a positive note, since I am usually over here. Page 64 March 23, 1999 I want to thank you for taking some action towards our space. I know it's been a long process, but I do see some relief on the horizon, and I think that as we work through this process for new space, I think that will be good for all of us in Collier County, so CHAIRWOMAN MAC'KIE: And Chris, I'd like to take a chance to apologize to you publicly for my demeanor the last time you were here. I was so frustrated with the process that I think I took it out on you. But I do apologize. MS. KENZEL: Well, that's all right, we ended on a better note than usual, so -- CHAIRWOMAN MAC'KIE: There you go. MS. KENZEL: -- I appreciate that. Thank you. CHAIRWOMAN MAC'KIE: Okay, So-- COMMISSIONER CARTER: Madam Chairman, can I ask a question on reserves, just for edification? CHAIRWOMAN MAC'KIE: Please. COMMISSIONER CARTER: Do all constitutional officers have reserves with us? COMMISSIONER NORRIS: Yeah, five percent. COMMISSIONER CONSTANTINE: Five percent state mandated. COMMISSIONER CARTER: State mandated. MR. FERNANDEZ: They're all covered within the county's general fund reserve, COMMISSIONER CARTER: So then each time -- CHAIRWOMAN MAC'KIE: Just like the Sheriff, COMMISSIONER CARTER: -- he needs to do that, they come to us for a request, so they are no different -- MR. FERNANDEZ: That's correct, COMMISSIONER CARTER: All right, that's fine. I can understand. CHAIRWOMAN MAC'KIE: Although the Sheriff would say that he has a special statutory authorization for these reserves to be separate, and that is the issue to go before the Governor and Cabinet at this point. COMMISSIONER CONSTANTINE: Which is interesting for two reasons, One, each budget here they have been very careful to not include reserves as what their total budget is, so either it is theirs or it isn't. And apparently during budget season it's not. It's also interesting that it's been 11 years discovering that that was the procedure, CHAIRWOMAN MAC'KIE: Okay, Does this -- Page 65 March 23, 1999 COMMISSIONER CARTER: Thank you for explaining the system. CHAIRWOMAN MAC'KIE: Does this require any kind of a motion, Mr, Weigel, or just do we consider the request and there was no affirmative action taken? MR. WEIGEL: You can do it as you've just done it, yes. CHAIRWOMAN MAC'KIE: Okay. Item #11B1 ELLIE KRIER RE PREPARING HOMES FOR HURRICANE PROCESS, AND ADD-ON ITEMS BEING AVAILABLE FOR THE GENERAL PUBLIC Do we have public comment on general topics today? MR, FERNANDEZ: Yes, Madam Chairwoman, you do, First speaker is Ellie Krier and then Ty Agoston. CHAIRWOMAN MAC'KIE: Ty, if you're here, come back in. MR, WEIGEL: He's not. CHAIRWOMAN MAC'KIE: Or forever hold your peace. MS. KRIER: Good morning. For the record, Ellie Krier, with the Naples Area Chamber of Commerce. I'm coming before you this morning to talk to you about an event that the disaster recovery committee of the Chamber EC Coalition is putting on. That committee has come to you before over the years, especially with the reentry sticker program that we initiated two years ago. On Tuesday, March the 30th on Saint John's on Illth Avenue from 10:00 a.m. until 8:00 p,m., there's going to be a hurricane product show, of both shows and services. The emergency manager, as well as the Sheriff's Office and the Naples Police Department, came to us and said we need as a sustainable community to get the homes of our part-time residents ready before they leave town, One of the problems they faced after Hurricane Georges was that their phone lines were clogged with people out of state calling to say is my house okay. And one of their goals is to get these homes prepared and exposed to these products now. So this is free and -- I lost it there for a minute. This -- they have seminars as well. This program is free and open to the public, And it's our goal to get as many of our part-time residents there as possible so that they're exposed to the kinds of products available that can secure their homes to make -- so that we're not cleaning up a mess because the home wasn't secure, Page 66 March 23, 1999 And finally, on a second note, I do have a request, and that is that although recognizing the tight time frame your staff was under on turning around on the density issues, when there are not handouts available through the packet that we all received, if staff could be prepared with material so that when an item is added on, we have what you have in a timely manner on those times when it doesn't corne before us in our packets, We would really appreciate that. CHAIRWOMAN MAC'KIE: Probably out on the table in the hallway would be appropriate as they make copies. MS. KRIER: We had two issues of that this morning, and we would appreciate that in general. Thank you very much. CHAIRWOMAN MAC'KIE: Very good point. Thank you for bringing that up. Item #11B2 TY AGOSTON RE SOUTHERN GOLDEN GATE ESTATES, AGENDA PACKETS AND PARTICIPATION OF THE GENERAL PUBLIC DURING PUBLIC COMMENT SECTION OF THE AGENDA Mr. Agoston. MR, AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. This is the first chance this year I've had an opportunity to use this function of your meeting. And there are a couple of things I would like to make a comment on, I don't walk on stairs as well as I used to. MR. FERNANDEZ: None of us do, MR. AGOSTON: Let me work it backwards, The young lady just before me had made an apropos comment. I attended that meeting here Friday. And, frankly, I resented the fact that I did not have the information available to me that was obviously available to you. And a gentleman that we apparently have spent a substantial amount of money in consulting fees have exposed some pearls of wisdom that I thought was interesting, One of them was that it appears that the land east of the Estates was evaluated in the area of 3,000 -- top of my head, 3,000, some odd hundred dollars per acre, The people in Southern Golden Gate Estates have just received from the Department of Environmental Protection agency, or whoever, the sub-head of that, $1,000 per acre for the land that's essentially closer to town than where I live, or surely, the eastern boundaries of the Estates. Page 67 March 23, 1999 So somebody is pulling something here, and you guys are responsible, Because I was here when the subject carne up about allowing power in there, and you declined to give him power, Consequently, the people can't build because they cannot run a refrigerator. So in terms of pointing fingers, I want to say that as far as I'm concerned, I would hold you guys responsible. There's nobody else. All those poor people, that little Cuban guy who had tears out of his eyes that the government wanted to offer him 400 bucks for something that he paid 4,000 for, that's your fault. All fairness, you know, there's no other way. Going a little further, is it my understanding that you will from here on in provide material to those people who, or organizations who, buy annually the executive summary so they be as informed at this meeting as you are? And I would like to encourage you to do so, and hopefully you'll come up with that kind of a decision. Additionally, I have detected a kind of a long-term process, and I think I even wrote a letter to the editor, that you have managed to discourage people's participation at these proceedings. I would be willing to bet my bottom dollar that people -- or the number of people making a public comment, since you have gone to this twice a month meeting, is probably down 75, 80 percent, And I think that would be a very safe bet, That's all I really want to say. Thank you very much. COMMISSIONER CONSTANTINE: Madam Chairman, I need to respond to two of those items. One, you're just -- you're not right on how many people get up and talk. They still get up and talk about issues every bit the same. We've had this room more full the prior two meetings than we've had in a long time, So I think you're mistaken there, Ty, But more importantly, my recollection is somewhat different on the Southern Golden Gate Estates. There was about an 18-year time frame where almost nothing happened and almost no offers were even made, even though no power or other things were allowed out there, It was only when this board stood up to the state and said we are going to allow it out there unless you start moving that it actually happened, And then the last two years, you saw those two maps on the wall last week. We have made a tremendous amount of progress in that, Page 68 March 23, 1999 I don't disagree with you that some of those appear to be under valued, but we have obviously no control over the appraisal process. But I would say if we're responsible for anything, it's for making that process actually move, Because for 15 to 18 years, it didn't move at all, And all those people were in limbo, And at least now there are some options floating around out there. So my recollection of what this board did apparently is very different than yours. CHAIRWOMAN MAC'KIE: And mine is closer to yours than to Ty's. I feel very proud of the work we did. Item #12C1 ORDINANCE 99-24, AMENDING THE PARKS AND RECREATION ADVISORY BOARD ORDINANCE - ADOPTED, ACCEPTING OPTION #1 Okay, moving on to the afternoon agenda. We have 12(C) (1). COMMISSIONER NORRIS: Close the public hearing. CHAIRWOMAN MAC'KIE: It's the ordinance on parks and rec. advisory boards. The staff report seems pretty self-explanatory, unless we need to hear a presentation on this. Is there a motion, or are there registered speakers? MR. FERNANDEZ: No registered speakers, Madam Chairwoman. CHAIRWOMAN MAC'KIE: With that, I'll close the public hearing, COMMISSIONER CARTER: I move we except staff's recommendation. CHAIRWOMAN MAC'KIE: Option one? Option one is that we stay with our prior direction to have one at large member in place of the Marco Island city member, and option two would be that we have members from each of the incorporated cities. COMMISSIONER CONSTANTINE: Option one, I think -- COMMISSIONER CARTER: Option one, COMMISSIONER CONSTANTINE: -- clearly makes more sense. CHAIRWOMAN MAC'KIE: I agree. So there's a motion, Is there a second? COMMISSIONER CONSTANTINE: Second, CHAIRWOMAN MAC'KIE: Any further discussion? All in favor, please say aye. Opposed? (No response,) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #14 Page 69 March 23, 1999 STAFF COMMUNICATIONS - COUNTY ADMINISTRATOR FERNANDEZ RE NO PAYMENTS RECEIVED TO DATE FROM MARCO ISLAND FOR SOLID WASTE COLLECTION, TRANSFER STATION, FLORIDA WATER AND SHERIFF'S SUB-STATION, COUNTY ATTORNEY TO LOOK INTO THESE ISSUES AND REPORT BACK We are down to staff communication. Mr. Weigel, MR, WEIGEL: Nothing today, thank you. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I do have one item. My office received contact from the City of Marco Island last week, indicating that they intend to reconsider their previous decision to make the payments to the county for Sheriff services, as was referred to earlier by Ms. Kenzel when she was here before you. In view of that, the thought occurred to me that no payments have been received to date for the period of time October 1st to the current, which is roughly half of that amount. In view of the fact that no payment has been forthcoming and Marco is in the process of reconsidering their previous commitment to make those payments, I thought it appropriate to ask the board if there is interest in reconsidering the issues that we considered in December of last year, Those issues included solid waste collection, the transfer station on Marco Island, the sale of the water district assets to Florida Water and holding off on that to give Marco an opportunity to consider purchase, and the Sheriff's Marco Island substation, COMMISSIONER CONSTANTINE: I think it's unfortunate that the Marco Island City Council has chosen to raise some question about their own integrity and credibility in this process, If all of us sit down at a table and make a commitment, we need to honor that commitment. And for some policy change that may affect next budget year, it's clearly inappropriate for the City Council to try to tinker with the agreement we've made for the existing budget year. And so I in the event they reconsider that, I would have every interest in looking at those issues again, because we all came to agreement, we went through a long process to get there, we all sat and looked across the table at each other, and I expect that agreement to be kept. And it's just a shame the credibility should be brought into question this way. COMMISSIONER CARTER: I would agree with you, Commissioner Constantine, I expect what we did to be honored. And if it's not, Page 70 March 23, 1999 then I would be very much interested in pursuing what our county administrator just related to us this morning. COMMISSIONER NORRIS: Mr, Fernandez, do you anticipate any of these items that you mentioned to be finalized before April the 5th? MR, FERNANDEZ: No. And in fact, we would have to -- COMMISSIONER NORRIS: So why don't we just wait and see what they do -- MR. FERNANDEZ: Okay, COMMISSIONER NORRIS: -- before we jump off the cliff here, CHAIRWOMAN MAC'KIE: And the other thing I wonder if Mr. Weigel should be looking into is whether or not we have some legal recourse, I know that these things would typically be in writing, but, you know, we had the minutes of the meetings that are signed by the chairs of the two organizations at a joint meeting. Is that a sufficient writing for us to bring a legal action against Marco Island if they renege, or, you know, what are our legal alternatives? MR. WEIGEL: Well, it's somewhat unique, obviouslYI this relation and the commitments made. But there may well be a possibility, and I'm very happy to look into that and report back to you in the days ahead. COMMISSIONER CONSTANTINE: I don't intend my comments to be a showdown or be anything else, It's just my preference is we maintain what we all promised one another. And that's I think everyone's clear preference up here. COMMISSIONER BERRY: I'm just disappointed. I thought we had a joint meeting; everybody left there feeling very pleased that we had settled whatever the differences were. And the thing that concerns me now is that here we are coming up toward the end of March and there has not been a payment which we all thought was going to be made in good faith, We accepted their numbers and said that that would be all right, and we still have not received anything. CHAIRWOMAN MAC'KIE: And in fact, it's $400,000 that's due right now, It's not like -- COMMISSIONER BERRY: Right, CHAIRWOMAN MAC'KIE: You know, there's two payments due, COMMISSIONER CARTER: Well, that's my question. They haven't paid us anything. And what is the time line for them to start paying? I mean, how long can you sit there as a government body entering into agreement with another government body and saying I'm going to pay you and then not write the checks? I meanl that's -- Page 71 March 23, 1999 CHAIRWOMAN MAC'KIE: And that's the question, really, for Mr. Weigel about what is our legal recourse? At what point do we have to take action? And hopefully this is all just talk and is not something that a majority of the City Council will agree to do, Because I don't think they are liars. I don't think that they will go back on their word. And I'm anxious to see them prove me right tonight at their meeting. Anything else, Mr. Fernandez? MR, FERNANDEZ: That's all I have, Madam Chairwoman. Item #15A DISCUSSION REGARDING ETHICS ORDINANCE CHAIRWOMAN MAC'KIE: Under Board of County Commissioners' communication, commissioner Berry had an item. COMMISSIONER BERRY: There has been an issue raised regarding our new ethics ordinance in regard to the $50 limit, And does that mean $50 a day, does that mean $50 cumulative over forever and ever? What does that $50 mean? And I spoke with Mr. Manalich, I believe -- MR. WEIGEL: Yes. COMMISSIONER BERRY: -- and he instructed me that in the state statute, the $50 is if a lobbyist takes you to breakfast, lunch and dinner, if that would happen, it's cumulative effect. In other words, it could not exceed $50 for that day. However, it isn't really clear that it couldn't happen five days in a row. I mean, the reality of it happening is slim and none, but there is that possibility, And I don't believe that it's necessarily addressed even in the state statute, The question has been raised locally and I'm just bringing it to you this morning, if you want to consider anything in our particular local ordinance in regard to this $50 limit. COMMISSIONER CONSTANTINE: May I suggest that we let the dust settle a little bit on what we have and see whether or not, you know, we see a real problem there? You know, unless my wife is lobbying, I don't think there's anybody I'm going to want to have lunch with every day of the week. And-- CHAIRWOMAN MAC'KIE: My Earl. COMMISSIONER CONSTANTINE: That's right, Or my dad, thank you. You know, I think as you said, realistically that's just not going to happen. And I want to be careful we don't get -- because if Page 72 March 23, 1999 -- could we correct that? Sure, Could we micromanage every single detail of that? COMMISSIONER BERRY: That's -- exactly. COMMISSIONER CONSTANTINE: Yeah. And that's where we can I think create something that's impossible to work with. SOl you know, I don't care if the board wants tOI but it just seems to me it would make sense, we put all that time in, to let the dust settle a little bit and see what we have. COMMISSIONER CARTER: I think Commissioner Berry raises an interesting point, because if you want to take it into a theoretical threshold I you could have lobbyist A for breakfast, lobbyist B for lunch and lobbyist C for dinner. COMMISSIONER CONSTANTINE: Never pay for groceries again. COMMISSIONER CARTER: Never pay for groceries. And it's just not realistic that that's going to happen, But if that's what it takes eventually to convenience the community it's there, okay but I would say at this pointl I think common sense is driving the process for us. Most of us are not doing anything, even though there's a question of whether I could accept a glass of water in a lobbyist's office. COMMISSIONER CONSTANTINE: As long as it's not a $50 glass of water, COMMISSIONER CARTER: As long as it's not a $50 glass of water, I think I'm okay. CHAIRWOMAN MAC'KIE: And on that subject, guys, I copied all of you on some questions that I got from the editorial page editor of the Naples Daily News he's asked me to respond to. You have all gotten copies of those, haven't you? COMMISSIONER NORRIS: Yes, and I would suggest that you let the county attorney's staff help you develop those responses, CHAIRWOMAN MAC'KIE: Yeah, my thought was that COMMISSIONER CARTER: I had responded to those and then I'm pulling that back and asking the county attorney to make sure that I have not misquoted any of this in terms of our legislation. CHAIRWOMAN MAC'KIE: And my responses are going to be that I can only answer for my personal code of ethics, because it's stricter than the county's code with regard to gifts and otherwise, so that I'm answering yes, I could take a glass of water because I think it's not a real value, but no, I can't take lunch, even if it's $10, because that's my personal decision. Page 73 March 23, 1999 But I'm deferring to the county attorney to answer with regard to the specifics of the new ordinance, because I don't have to learn the details of it, as long as I have clear simple break line rules like no, it's easier. My way is easier, so I'm staying. I just wanted you to know that. COMMISSIONER NORRIS: Okay, Item #15B DISCUSSION REGARDING NOISE ORDINANCE - COUNTY ATTORNEY TO REVIEW OTHER COMMUNITIES' NOISE ORDINANCES AND COME BACK CHAIRWOMAN MAC'KIE: Commissioner Carter had something on noise. COMMISSIONER CARTER: Yes, You have noticed for some period of time that we have a Krehling PUD that keeps coming in front of us and then is deferred, And part of that is that they were doing a noise abatement study, which they now are in the process of assessing and then coming back to us what they can do. A noise assessment study and then going to noise abatement, And that will probably come to us during our next session. And the community groups, rather than having them in here in an emotional appeal to us, have worked diligently together and the attorney representing Krehling to see if we can't find an amenable resolution to this, What we have is 3,500 people living around a plant that started probably 20 years ago out in the rural area, COMMISSIONER BERRY: Longer than that. COMMISSIONER CARTER: And no one ever had to pay any attention to it. But the community has grown up around it. And what we want to do is -- and during this process what came to our attention is that our current noise ordinance regulation has not been altered for several years, and there may be something that we need to do with this, And I would like through the board's direction to authorize the county attorney to review the law and noise ordinance regulations in other communities and report back to us to see that if we are doing what we need to do in this area. So that may be a piece of what we have to work through in this resolution with Krehling. COMMISSIONER CONSTANTINE: I have no objection to the county attorney looking at that. I actually helped author our current noise ordinance. We changed it about four years ago, and -- but I think Page 74 March 23, 1999 it's -- if we were to do that and our circumstances are changed in that time frame, I have no problem with that at all. COMMISSIONER CARTER: Good. If we could get board direction from Weigel to investigate, that would help this process. And hopefully by our next board meeting we will have taken this one situation with Krehling and be able to come to a resolution so everybody can live comfortably together. CHAIRWOMAN MAC'KIE: And Commissioner Carter, I certainly don't have an objection to looking at the noise ordinance. I want to be careful, though, that we respect the who was there first, you know, issues related to this and that we don't pass new rules to, you know, run somebody out of business, COMMISSIONER CARTER: There's no intent to run anybody out of business. But we -- fortunately, we have two people working on the citizen side who came from major industries that had to deal with this, One is a former executive vice president at General Electric, and another gentleman out of the steel industry, where they had to deal with these issues as neighborhoods grew around them and as situations changed. So they have been very cooperative. And everyone is looking for a resolution to this, because they all want to be good neighbors, and they respect the fact that Krehling is there and is a profitable business. They're just asking for consideration so they can sleep at night. CHAIRWOMAN MAC'KIE: That sounds like a reasonable request, COMMISSIONER NORRIS: I can understand that but, you know, we really have to be extremely careful, And Commissioner Mac'Kie's statement is well taken that you have to be very, very careful about crafting or amending ordinances to cover a site specific problem, because you never know. If you look at it on that tight of a focus, then you don't really understand what effects it may have on some unintended location that is to the -- COMMISSIONER CARTER: Well, I think that's why we want to review the ordinance, just to make sure that objectionable sounds and noises, maybe they don't fall within our existing noise limits and maybe we need to look at that. And no decision has been made yet, but we ask you for the opportunity to review it, COMMISSIONER CONSTANTINE: Interesting little side note, before we changed it the last time, you had to have consecutive sound for the old measurements -- CHAIRWOMAN MAC'KIE: Yeah. Page 75 March 23, 1999 COMMISSIONER CONSTANTINE: -- you had to have uninterrupted sound for at least 60 seconds. So if you had, you know, a drum beat or a drilling every five seconds, that didn't qualify, because the old ordinance actually had the definition read. The measurements started every time the noise did, And so we've altered a lot of that, But I think going through it's fine. CHAIRWOMAN MAC'KIE: So that's sufficient direction. Commissioner Norris, did you have anything under communications? COMMISSIONER NORRIS: I wouldn't dare have this lengthy meeting, CHAIRWOMAN MAC'KIE: I'll tell you what. How about you, Commissioner Constantine? Item #15C COMMISSIONER CONSTANTINE RE BACK UP FOR ITEMS ON THE AGENDA BEING RECEIVED PRIOR TO THE MEETING COMMISSIONER CONSTANTINE: I have one item, It's regarding communication and some concern I have coming out of the county administrator's office on a couple of different levels. Today we had the building J item which literally two weeks ago I provided the backup for, I think you have the March 12th memo dated to each one of you. And at that same time, I asked for it to be placed on today's agenda. with that time line in between, it's wholly inappropriate in my mind that we get a multi-page 15, 20-page memo from our staff this morning at 8:00 a,m. Surely there has been some work done on it in those 10 to 14 days that we've had to prepare for the item, And when I put an item on the agenda like that, I prefer to have that information in advance of the meeting rather than trying to read it while we're discussing the item. So I just think that's very poor staff work, No offense to individual members of staff, but just we should have that in advance. Item #15D COMMISSIONER CONSTANTINE RE THE BOARD BEING INFORMED OF TRAGEDIES OF COUNTY EMPLOYEES And the second thing is this weekend we had a tragedy at the landfill. I had to hear about that via television news -- Page 76 March 23, 1999 CHAIRWOMAN MAC'KIE: Ditto. COMMISSIONER CONSTANTINE: a day later. CHAIRWOMAN MAC'KIE: It's horrible, COMMISSIONER CONSTANTINE: And we hope we don't have a repeat of that sort of thing. But any time something of that magnitude goes on in the county, the practice has traditionally been that we let the board know, because we hear from families, we hear from individuals, we hear from news sources, and I'd just as soon have some idea when we have a happening like that, or have a weather event or have -- we had the fires a couple of weeks ago. Any of those things going on, there should be a briefing, I don't care if it happens at 2:00 in the morning, I should get a phone call, each one of us should, letting us know something of some magnitude has happened. And in recent months that practice seems to have disappeared. Item #15E COMMISSIONERS MAC'KIE AND BERRY RE RECENT FIRES IN GOLDEN GATE ESTATES And so those are just a couple of communication issues that I think we need to correct. CHAIRWOMAN MAC'KIE: about the fires, that it community emergency as a know, get -- COMMISSIONER BERRY: out, Commissioner. CHAIRWOMAN MAC'KIE: Yeah? COMMISSIONER BERRY: Because of your independent fire districts -- I don't know who's here that knows about that, but anyway, the person who -- where this district -- in this particular case, it was the Golden Gate Fire District, that chief is the man in charge, as opposed to the hurricane situation, which we are in charge. That is Collier County. But when you have your independent fire districts, it's a little bit different arrangement, CHAIRWOMAN MAC'KIE: We need to -- I'd just like to enforce, too, the one seems to me that that's as significant a hurricane. And we mobilize and we, you We have some different issues, as I found Page 77 March 23, 1999 COMMISSIONER BERRY: But that night out at the Golden Gate civic Association estates meeting that I want to, the chief out there had used Bonita Springs public information officer. There was a lot of complications, I believe, in this whole thing, Number one, it did take place on a Sunday. There were some issues raised there as far as trying to get information out, The fire was so intense it melted some of the equipment that was necessary. Like using the NOAA weather, that would have been a way that people could have heard the TV stations. It was very difficult not to -- or to get information to our group. I will tell that you Gary Arnold was out there with the big mobile outfit, but it was very difficult getting the communication, And when the wind shifted, this created some problems as well. So there was a time when they weren't exactly sure where that fire was going to go, COMMISSIONER CONSTANTINE: And in fairness to the firefighters - COMMISSIONER BERRY: Right. COMMISSIONER CONSTANTINE: their number one thing to do is make sure they stop the fire, COMMISSIONER BERRY: Is fighting, absolutely right. COMMISSIONER CONSTANTINE: But I assume someone on our staff in a situation like that is communicating, even though we're not in charge, is communicating. COMMISSIONER BERRY: But they weren't getting the communication, Tim. I think that was one of the big concerns is they weren't getting the information. Not any fault of theirs or perhaps the people that were -- maybe should have been doing the communication. There was just a problem getting that communication, CHAIRWOMAN MAC'KIE: And maybe what we need are some formal agreements then with the independent fire districts, MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Mr. Fernandez has -- MR, FERNANDEZ: This incident has pointed out to me the need for us to take a new look at your emergency management plan, My understanding is the situation, as described by Commissioner Berry, is per described in our plan, that if the incident is fire based, the independent fire departments have complete incident command responsibilities, and in fact, I understand, admonished us not to be involved in the public information aspects of this, and in fact was not sharing a lot of information with us, Page 78 March 23, 1999 We frankly did not have a lot of updated information to give the board at that, because it was the province of the independent fire district to handle that, COMMISSIONER CONSTANTINE: My overall point remains the same, though, and that is -- and again, I use the example this past weekend of a tragedy at the landfill. And we just -- I think board members need to know when certain things -- COMMISSIONER BERRY: I agree, but I think we're looking at two different issues, Tim. COMMISSIONER CONSTANTINE: Yeah, CHAIRWOMAN MAC'KIE: Right, exactly. COMMISSIONER BERRY: The fire situation, because I got calls obviously from residents out in the area about -- we're going back to the fire issue now, There was some concern about notification, finding out that maybe they ought to leave their homes, and they couldn't find out anything about getting back to their homes, And in a situation like this, you've got multiple agencies that are involved, You've got the fire department, you've got the sheriff's department, Certainly our group down here are more than willing to, you know, be the center for this. But you've also got some protocol here that you have to deal with and you have to respect, and who's in charge and all those kinds of issues. And I think Mr. Fernandez is correct, that we perhaps do need to take a look at this. The first thing and the first call that I got, they said, "Well, how come you handle all the information for hurricanes and you can't do it in this situation?" And frankly, at first I didn't know that answer, until I went to the policy and talked to some individuals as well. And that's what the situation is. So if we need to amend a policy and work with our independent fire districts, I think we definitely need to approach that, CHAIRWOMAN MAC'KIE: Sounds like that's where we need to go on that particular issue, COMMISSIONER CARTER: I know our -- the chief in North Naples has spoken to me about it and said that he's going to be coming in, and he said he agrees that we need to have a better coordination between the agencies. And they want to discuss that with us. So I think that out of this, we will probably end up with a better plan to deal with those types of emergencies. Item #15F Page 79 March 23, 1999 COMMISSIONER MAC'KIE REGARDING COMMUNICATION COMMITTEES WITH THE CONSTITUTIONAL OFFICERS AND MANAGEMENT OF THE CITIES CHAIRWOMAN MAC'KIE: My only communication item, Mr, Fernandez, is that I'm still looking for that agenda item for creating the communication committees with the constitutional officers and the mayors of the city so that we could get that started, MR. FERNANDEZ: I've asked to staff to work on that, and I'll bring it forward as soon as we can do it. CHAIRWOMAN MAC'KIE: Okay. Does anybody -- Item #15G COMMISSIONER CARTER RE PAY PLAN COMMISSIONER CARTER: One interesting thing out of a meeting that I attended this week of a group of presidents, there was a presentation of how to attract and keep your employees. The report that was given to us is that the overall pay increase in Collier County last year, taking all -- I don't know about the government sector but private sector, was 10 percent. So I think that reiterates again what a competitive market that we're in. And the other thing they pointed out, we're at zero unemployment here, when you look at the statistics, So looking at policy direction that we're giving, going back to our three and a half percent versus the four and a half that was asked by the county administrator, I know we're in budget process, but we must keep in mind that we're in a highly competitive market and that we're going to have to work double time, I think, to keep our best employees and make sure that we have a pay plan maintenance program, incentive program, that keeps them here, COMMISSIONER CONSTANTINE: I agree. I think some of those numbers are skewed a little bit. The building industry costs are actually up 40 percent in the last couple of years, so I'm sure that drags that number up to 10 percent some, But you're right, I mean, there's literally zero unemployment. COMMISSIONER CARTER: And we're just need to be aware of that. CHAIRWOMAN MAC'KIE: I appreciate that, Anything further from the board? If not, we're adjourned. Page 80 March 23, 1999 *****Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, that the following items under the Consent and Summary Agenda be Approved and/or Adopted with changes with the exception of Item #16A6 which Commissioner Mac'Kie abstained from making that vote 4/0 ***** Item #16A1 RESOLUTION 99-170 RE OPPOSING HOUSE BILL 0925 AND SENATE BILL 1352, RELATING TO RATEMAKING PROVISIONS OF INVESTOR-OWNED WATER AND WASTEWATER UTILITY SYSTEMS, BEFORE THE 1999 REGULAR SESSION OF THE FLORIDA LEGISLATURE Page 81 MAR 2 3 1999 RESOLUTION NO. 99-..1l.O- A RESOLUTION OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW OF PROPOSED FLORIDA HOUSE BILL NUMBER 0925 AND PROPOSED FLORIDA SENATE BILL NUMBER 1352, TO INCLUDE SENATE COMMITTEE SUBSTITUTE BILL WITH AMENDMENT, ADOPTED MARCH 17, 1999, WHICH BILLS INTEND TO ARBITRARILY REQUIRE THAT CUSTOMERS OF MANY INVESTOR OWNED WATER AND WASTEWATER UTILITIES WILL HAVE TO PAY COSTS OF CAPITAL IMPROVEMENTS THAT SHOULD BE PAID FOR BY THE UTILITY'S FUTURE CUSTOMERS, AND WHICH BILLS WILL OVER TIME REQUIRE THAT UTILITY CUSTOMERS MUST PAY FOR MANY GOVERNMENTAL AND PERMITTING COMPLIANCE COSTS THAT SHOULD BE CHARGED TO THE UTILITY'S STOCKHOLDERS OR FUTURE CUSTOMERS. WHEREAS, House Bill Number 0925 (HB 0925) and Senate Bill Number 1352 (SB 1352), with Senate Committee Substitute Bill and amendment adopted on March 17, 1999, have been proposed recently for enactment into law by action of the Florida Legislature; and WHEREAS, proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment, apply to the Florida Public Service Commission and to all Florida counties that now regulate, or hereafter will regulate, the rates of investor owned water and wastewater utilities; and WHEREAS, a primary purpose of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment, is to have "considered" for inclusion into a utility's rate base as "used and useful in the public service" utility property, including land acquired or facilities constructed or to be constructed if such property is needed to serve customers five (5) years after the expected date of the fmal order issued in the respective rate increase application proceeding; and WHEREAS, another primary purpose of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment, is to charge the utility's customers the full amount of "environmental compliance costs" which costs include, but are not limited to, all reasonable expenses and fair return on any prudent investment incurred by the utility in complying with the requirements or conditions contained in any permitting, MAR 2 3 1999 enforcement, or similar decisions of any federal, state, or local governmental agency with environmental compliance jurisdiction; and WHEREAS, proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment, unnecessarily and arbitrarily restricts each county's now existing discretion to consider the merits of approving or disapproving the utility's appropriate ''margin reserve" and in determining what "compliance costs" should be paid by the utility's current customers and which should be charged to the utility's stockholders or future customers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida opposes passage of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. 2. The Board of County Commissioners of Collier County, Florida, requests that its local Legislative Delegation actively oppose enactment into law of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. 3. The Florida Association of Counties may utilize this Resolution as it deems appropriate to oppose enactment into law of proposed HB 0925, SB 1352 with Senate Committee Substitute Bill and amendment adopted March 17, 1999, and any substantially similar House and Senate bills. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this:):-:SrD day of mCL(Cl" , 1999. ATTEST:) ,;:' ' .'~,,,,, '" ,,- ,- i ....f.'",..., ':~'~'. 'f ~:'BROCK, CLERK ;~;'~~ "~.{' '_~~~: : ~:~f':~ .~~ ..., 0:0:> ,,'B~. .' ~"~';:. i':,>::,D enu~",Cle J*k:," ..... _ . .'~ " ,ft ,. '. " ..... ttlit n. to;:! :.... r <?;f'1~-" ~t,ur. 1M J::'Il~~ >;~!" . , "" . 'fovea'1lS <<TIorm, ,." ~ ... - '..... . -:;' :,and l~gaLsu:ffidency: '. ;,. "i. ~ :,;'...:-T~~ ~ . Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO~ By: f Pamela S. Mac'Kie, Chairw man MAR 2 3 1999 COlliER COUNTY ' DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net March 29, 1999 Heidi F. Ashton Ramiro Manalich Thomas C. Palmer Michael W, Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary Senator Burt L. Saunders Collier County Government Center 3301 Tamiami Trail East Administration Bldg., Suite 304 Naples, FL 34112 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems, Dear Senator Saunders: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No. 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed HB 0925 and SB 13 52, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. Sincerely, ~ t.i2;~ David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:few/Weigelllettersl1999fform ratcmaking w-s utility systems MAR 2 3 1999 COL.L'ER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net March 29, 1999 Heidi F. Ashton Ramiro Maiialich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M, Student Melissa A. Vasquez Robert N. Zachary Representative 1. Dudley Goodlette Collier County Legislative Delegation 3301 Tamiami Trail East Adminstration Bldg., Suite 203 Naples, FL 34112 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Representative Goodlette: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No. 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed lIB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. Sincerely, _ /J Ju.d t. 11-+ David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:./ewlW eigellletter.ll1999/form ratemaking w-s utility syJtems MAR 2 3 1999 COLLIER COUNTY ' DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attomey@naples.net March 29, 1999 Heidi F. Ashton Ramiro Maiialich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary Representative Joe Spratt Collier County Legislative Delegation 205 S. Commerce Avenue Suite B Sebring, FL 33870 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Representative Spratt: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No. 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. Z:~~_e.~ David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:/ewlWeigeVlettersf1999/fonn ratemaking W-I utility systems MAR 2 3 1999 COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774.0225 Email: attorney@naples.net March 29, 1999 Heidi F. Ashton Ramiro Maiialich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary Representative Luis E. Rojas Collier County Legislative D~legation 6011 West 16th Avenue Suite A Hialeah, FL 33012-6213 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Representative Rojas: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No. 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. :i~ - ~. f}~ David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:/ewlWeigelllettersl1999/fonn ratemaking w-s utility systems MAR 2 3 1999 COLLIER COUNTY ' DAVID C. WEIGEL COlliER COUNTY ATTORNEY March 29, 1999 Heidi F. Ashton Ramiro Manalich Thomas C. Palmer Michael W, Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attomey@naples.net Representative Carole Green" Collier County Legislative Delegation 15248 South Tamiami Trail Suite 200 Fort Myers, FL 33908 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Representative Green: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No. 99-170 opposing the enactment of the above-referenced, bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed lIB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999, If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. Sincerely, &LLe. ~:lftf David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:lew/Weigclllettenl1999/form ratemaldng w-s utility systems MAR 2 3 1999 COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY March 29, 1999 Heidi F. Ashton Ramiro Mafialich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary 3301 Tamiami Trail East Naples, Florida 34112.4902 Telephone: (941) 774.8400 FAX: (941) 774.0225 Email: attomey@naples.net Representative Steven Geller, Collier County Legislative Delegation 400 South Federal Highway Suite 400 Hallandale, FL 33009 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Representative Geller: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No, 99-170 opposing the enactment of the above-referenced, bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution exhorting the Florida Legislature to actively oppose the enactment into law of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners, Sincerely, J.LAlL'L,L ~ David C. Weigel County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:/ewlWcigclllettersl1999/fonn ratcmaking w.s utility systems MAR 2 3 1999 COlliER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY March 29, 1999 Heidi F. Ashton Ramiro Manalich Thomas C. Palmer Michael W, Pettit Marni M. Scuderi Marjorie M, Student Melissa A. Vasquez Robert N. Zachary 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attomey@naples.net Ms. Vivian Zaricki Florida Association of Counties p, O. Box 549 Tallahassee, FL 32302-0549 Re: Collier County Board of County Commissioners Resolution No. 99-170 Resolution opposing House Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastewater utility systems. Dear Ms. Zaricki: The Board of County Commissioners of Collier County, Florida, meeting on March 23, 1999, adopted Collier County Resolution No, 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned water and wastewater utility systems. Attached is a copy of said resolution authorizing the Florida Association of Counties to utilize this Resolution to oppose the enactment into law of proposed HB 0925 and SB 1352, with Senate Committee Substitute Bill and amendment adopted March 17, 1999. If you should have any questions regarding the attached Resolution or wish to discuss this matter, please contact me or the County Commissioners. Sincerely, Il.~a x1~.~ - /J David C. Weigel ()~ County Attorney cc: Board of County Commissioners Clerk to the Board Attachment h:/ewlWeigel/lettersl1999/Zaricki F AC raternaking w-s utility systems March 23, 1999 Item #16A2 RESOLUTION 99-171 RE FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF QUAIL WEST PHASE III, BLOCK K, LOT 97 Page 82 MAR 2 3 1999 RESOLUTION NO. 99-171 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUAIL WEST PHASE III, BLOCK K, LOT 97, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION, WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 2, 1996 approved the plat of Quail West Phase III, Block K, Lot 97 for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Quail West Phase III, Block K, Lot 97, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same, ;i :; ~~ ~". i '. ,~, ~" ..,,15A,.,,;~1.1;~, ~~Q, ~ s '9 ,," . ." . ,(iriJ ,'~' ~AT' TEST " / ..',. <,..,~" . .:. :~.~, '-'~":~'~:;" "..'~~Q~~' ,B~~ CLERK f / 't~~;1;' .':: ,.;.' ~ ::> ':~: "\, ~~, :,,:.!{ 'f;; ~;:',~}!t~"" 1~f. i:::~:~ > t'~Jtte$t IS :to',lJiJf~Ift'; S'~~~~~~li.:i~rn:and legal :l};2':;)' ~~ H lai F. Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA March 23, 1999 Item #16A3 FINAL PLAT OF CREEKSIDE COMMERCE PARK WEST UNIT TWO - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND THE PERFORMANCE SECURITY Page 83 MAR 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAI1!.TENANCE AG~T FOR SUBDIVISION IMPROVEMENTS entered into this ~'3 to day 0 c..k.. , 1999, between CREEKSIDE WEST, INC., a Florida corporation, 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 certain plat ofa subdivision to be known as: Creekside Commerce Park West, unit Two. 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: The paving, landscaping, drainage, potable water, irrigation water, sanitary sewer, and street lighting improvements for Creekside Commerce Park West, unit Two, within twenty-four (24) months from the date of approval of said subdivision plat, said improvements hereafter 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 ofSl.375.399.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate 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 be 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. - 1 - MAR 2 3 1999 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 fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 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 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 amount of the subdivision performance security on the basis of work complete. Each request for 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 reduction in the amount of the subdivision performance security for the improvements competed 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 thereof, including but not limited to engineering, legal and other 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. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. - 2- MAR 2 3 1999 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this 'ih- day of YJ;1an:...A._~ . 1999. SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: DEVELOPER: Creeksid est . ".,. . 1- f,;.... ... BOARD OF COUNTY COM:MISSIONERS OF COLLIER COUNTY. FLOJUDA By: ~avid C. Weigel . County Attorney , - 3 - BOND #12800141 MAR 2 3 1999 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that Creekside West, Inc., a Florida corporation, located at 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34105, (hereinafter referred to as "Owner") and Amwest Surety Insurance Company (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of$One million. three hundred seventy five thousand. three hundred ninety nine Dollars ($1,375,399.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires, THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the board a certain subdivision plat named Creekside Commerce Park West, unit Two, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations'). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE! if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDE, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended 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 Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents, shall include any alteration, addition or modification of any character whatsoever. Page I of2 KKJrwlh:daranM:dilmaSler/dacanlcdilcmplalesJperfomlOlnccbond.doc MAR 2 3 1999 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this ~...... day of ~Qr~ , 1999. CREEKSIDE WEST, INC., a Florida corporatio B.~\R.O A2~..A~/~~~ Witness j)~nnn G O\'''O'f.4 ~~ b 0.00.,- W sS:S-o \ ..... '" '" -. vJ.r t ~ \ \ t ,1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 19th day of Februarv, 1999 by Karen A, Keller, Attornev in Fact for Amwest Surety Insurance Company a Nebraska Corporation, on behalf of the corporation. She is personally known to me and did no take an oath. /'/. Notary Public Printed Name. My commission expires: Page 2 of2 .~, "fI. ".' ~ ~..~ REVEAL Y A HAMil. TON *W My Com............, COW1300 * ElCplre. Mar 10.1999 ~ ,... Bonded by ANB ~"r Or "a"~ AOO-85:;?-5878 KKlI'\\o'I1l:dalarnedllmasacrldolcanlcditen'lPlaaesJpcrfonIUlnccbond..cktc LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company MAR 2 3 1999 Expiration Date: 11/11/00 POWER NUMBER 0000947931 This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid, This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person, This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date, Amwest Surety Insurance Company (the "Company") shan not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company, Any party concerned about the validity of this POA or an accompanying Company bond should can your local Amwest branch office at (Rn) 287-1576 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Karen A. Keller Ron Kasarda Mark Benson Piper Kelly Hunt Paula A, Murdock As Employees of Sedgwick of Florida, Inc. its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $500,000,00 Contract Bonds up to $1,000,000.00 License and Permit Bonds up to $100,000,00 Miscellaneous Bonds Up To $100,000,00 and to bind the company thereby, This appointment is made under and by authority of the By-Laws of the Company, which are now in fun force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTiFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. Bo"'NO./~fOO(If-' S;r;>oJ&~I<4th"J!L",of FehrllP.rV 1999- ~p ~ Karen G. Cohen, Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: , (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons, RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shan have the same force and effect as though manually affixed, IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25lhdayofSeptember, 1998, O~ l!:: .-cI"~ ~ P ~ , John E, Savage, presid7 ~ Karen G. Cohen, Secretary State of California County of Los Angeles On September 25,1998 before me, Peggy B. Lofton Notary Public, personally appeared John E, Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribcd to the within instrument and acknowledged to me all that he/she/they elCecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, elCecutedthein::~:~:.~ WITNEssmY~~dandOffiCialsea61. . t a. ~:~ - -1 """~' \NSU""'""" "-f'~ - CommIIIIon#lC>>D1 ~ ,l~, "i-f;O'ii'~"';''<. S' ~ (Seal) i NotarrN*-CaItDmIII ~ f ~/"~O ;'j:,\ 0\ Ignature 'OllllY Q, . lary U 10 t Lot Angtil. Cow1Iy I- i .::> f ~ ~... t1\ s Mv Comm Explree Aug 6 1'" ~ CI) i - DEC.14, i 0 ~ ~r-\ 1995 Ja! -- -- ...... ..... ..... ....... .:.... -- -- ....... .:. ... \~"""~~8R "S*"-:."./~/ ",,;:t,~;..................;;.,\-4 ",~ 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 ~~',,;,~ lJ' * ,,~;\,\\..~ "'"Uln\"II''' March 23, 1999 Item #16A4 - This item has been deleted Item #16AS AWARD BID #99-2912 TO WHITE LAKE CORPORATE PARK INFRASTRUCTURE IMPROVEMENTS AND TO AUTHORIZE STAFF TO INITIATE AN AGREEMENT WITH HARPER BROS., INC. OF FT. MYERS, FLORIDA FOR THE CONSTRUCTION OF THE 1998 CDBG ECONOMIC DEVELOPMENT PROJECT Item #16A6 - Commissioner Mac'Kie abstained FINAL PLAT OF PEBBLEBROOKE LAKES PHASE 3 - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND THE PERFORMANCE SECURITY Page 84 MAR 2 3 1999 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR )UNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ".te-AUT NAMe-M'Dut.E NAMe NA,.,e OF lO4ao. COUNC1'- COMMISS10H. NJ11t0.1U1'"40. mMMITIU - ~c'Kie, Pamela s. (1 ADDRESS .. - " c:auN1'Y NAMa OF POUT'CAt. SUIU,vaSION: 3301 Tamiaml Trail East ~aples ...... ""HICH ~'an; ac.'l'UItRED Collier Collier County t.1' I'OSITION IS: oj( ELECTIVE .; A.roIHnVE. WHO MUST FilE FORM 88 , rorm is ror use by any person servinl Gtthe county. dty. or othcr local Ic:vd or lovcmmenc on an appoinced CK dedccl board. na1. commission. authority, or committee. It applies cquaUy to members or advisory and non-advisory bodie. who an: presented 1 a volina COnmel oC Interest under Scctlun 112.1143, florlda Statutes. The rcquircmcl\u of this law are manulory; Rhhouah ~ or Ihis panicular form Is not required by law, you are cncouralcd to use It In maklnlthe disclosuRl rcqul~ by law. II' n:sponsibilhies under the law when rGced with a measure in which you have a canOlct or interac will YU1 pNdy dependlnl wbcther you bold an electivc or appolntivc posidon. For this reason. please pay close aucnlion to the instrUctions on lids fonn ore completing the revcrse side and filina thc form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11Ut43. FLORIDA STATUTiS l.ECTED OfFICERS: penon holdinJ el~ah',: county. municipal. or other local public: office MUST ABSTAIN from volinl on a measure which inures I his special pri\-at~ lain. Eacb local officer also Is prohlbitcd from kno\"inaly \"Otina on a measure which Inulcs 10 the special lin of a principal (oth~r than a lovcrnlncnt aJeney) by whom be is retain.:d. 1 cither case:., )'OU should disclose thc connia: PRIOR TO THE VOTE BEING TAKEN by publicly statina to the assembly the nature of your interest in the measure' on which you arc abstainina from voting: and WITHIN IS DAYS AFTER THE VOtE OCCURS by conlplc:tinl.and fiUnc this form with the penon respons;ble for rcco.-ding , ,the minutes of the meeting. who should incorporate the form in the minutes. .' -<, . ... ~PPOINTED OFfiCERS: " penon holdina appointive county. municipal, or other locall'ublic orn~c MUST ABSTAIN from \'Otinl on ;r measure which nures to his special privatc gain. Each local officer also is prohibited from knowingly volinl on a measure which inures to the ,peeialgain of a principal (other than a goyernment aeeney) by whom he is retained. . .. . ' " person holding an appointive local orne.: otherwise may participate in a matter in which h~ has a connict of interest. but must ~isclose the nalure of Ihe co'nlliel before makinl an)' allempt to inOuenee the decision by oral or weinen communicalion. whether made by the orrieer or at his direction. ' IF YOU INTEND TO ~IAKE ANY AlTEMPTTO INFlUE~CE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . · 'ou should complete and file this form (before making any Iltempt to in nuance the dc:cision) with the p.:non rcspnnsibl~ fOI n:1:ording the minules of lhe meeling. who will incorporale the form in the minutes. .~ .. MAR 2 3 1999 . ' ~: , . - '. . ',,,",, . ... -... ..... - . -.. .. - .' If YOU MAKE NO AT11!MPT TO INfLUENce THE DECISION EXCEPT BY DISCUSSION AT,TJlB M1!El1NG: . \"0'1 should disclose orall, the nature or )'our conntcc in Ihe: measure before panldpalin.. . . ' . You should camplde: the: foml and file II wichbi' U days aflef the VOle: occun with the pcno~ responsible: for rc:cordlncmc mIaatcs o( che meednc. who should in&:orporale the form in the minutes. ' - DISCLOSURE OF LOCAL OfFICER'S INTEREST I. Pamela S. Mac'Kie . hercby disclose that on , tal A m~asurc came or will come before my aseney which (check one) , . March 23 . 1,99 _ inured 10 my special privau: lain; Of -!- inured 10 the .pedal lain of ,Pamela.S. Mac'Kie, . P.A. . by whoal I am 'I~ ~bl The measure before my aseney and the lIalure of my interesl in the measure is as follows: Agenda Item 16.A.6. " Request to approve for recording the final plat of Pebblebrooke Lakes Phase 3 and approval ,~f the performance security. . . .f~er consultation with .the County Attorney, I abstained from'votinq on the bove matter pursuant to Section 286.012, Florida 5tatutesf 'which provides hat "no member of any state, county, or municipal governmental board"comn:.:.ss:'=:l r agency who is present'at any meeting of' such body at which'.aD.off1cial ec1sion, r6ling or other official act is to be taken or adopted~ay<abstai3 , rom voting...except when, with respect to any such member, there is, or ap~~a=5 ~ be, a possible conflict of interest under the provisions'of 5.112.311, .112.313, or 5.112.3143. In .sueh cases, said me~ber shall comply with the isclosure requirements of 5.t12.3143." Apri1:6,1999 :lC filed ~ ~ ' {::;;, Sianalure Pamela S. Mac I Kie ' )TICE: UNDER PROVISIONS OF FLORIOA STATUTES 1112.317 (l98S). A FAILURE TO MAKE ANY R FrH .,~ =-" .------<.,--.-.-.-,---- 5CLOSURE CONSTITUTES (jR()flNn~ f.'t'w 1\ ~'n ". .. nr- ". ,--'--~-----"....-".~_., ,-.. ,. IPRE'ioJChELE STAIl08'j LETTEP 'JF [!lEDIT IIC. 'i 1-14')- 8 8H! MAR 2 3 1999 ('ATE; 0: :: -,,. -~. ,I :J, ...... ~ , ,~ !S,:L'::~: !=' I !'.5! U! r ! c: 'I Il~, T ! Q!I ;.. L B ,:.,; i :~ : 0 0 ,; ':, 9 I 0 C ,\ 'ill:: B 1. '" D" l: T H F L C'> CJ R j-l 1 i', I,ll = L !. 1 3 1 I F L f ':' ,~: I ;.. ~ T rr: :!i -:- E R tl A T [ c:'! i "L c:.1 r F I] P T S EF ... ICE S , H E PEl II ,~ Eo" T E ? "! S S ',: E " .. F LAC E 0 ~ E :: F : ::....: id :; :~ '.':: p. . ~ C IJ U Il T E ? S Dl.TE oJ: C:PIP'i: -:-F!C ':.?,:!:!T cHAt.:. SE VALl[' 1-,~q!L: :' :':I)r) , ,on!, :;II/"Li. THEF,E,;FTEF BE ,~,UT:,:.;,:..:!(;t,,:":"i PEliE',.';::O Fe'F. S'JCC:::;:;:'.'E :;TE-':E;P PE~~.:Dc :::1 -:-HE F I F. 5 T .t. till 1'.' E P. 5 l';": D fo, T E U II L E S 5: AT L E ^ S;- S I ^ T 'i I 6 0 - D;" Y'" F j; lOR T I) ;. 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II F '}" -:-.. <: i ,:: :. ;,~ ~ -\ S I:,: '.'E P , , u!,; C' ~::,1' J.. r: ! n:. :_'~~:EF:MI. r~fc. :::'.~.L"" ':':~ =~: "'::': .,,,';.... ~:: ~~:.:.:~ ~~r'. : '~Enr::IE:'. .. .t.l"?~I:IE:J ::!, ?SF::;::::.:: ;': ;,'i',' :>.'-"~El11, :I:S ~?:~!'E:':. :.? ,:. ~,,-::"::'JI': ~:-;:c:.:l~~:,',E[) or H :: ~ E I N .:- ~ : ~: ',l.:'~: - . . ; :- A ! ~ :1 t: -:. L E ~ l' ~ F : r : ~ ::: : -:- :. ~ :.. '" '7 :::. :. 1:' r\ : i 'i . '_: l: H !=. F F :: :: E :: -: F: ; E " L:' ::' -:- :::: :-"~ E l~ ::: l; ,_ I : I .: C ~ r:: ;-, i'. r;. h:: P r.: I :: E ';' E ::: ;:-:: ' :::: : r. :, : : '( ,'::: t;;~ ~: II! , i l! S T::: IJ H ~ n :- ::: ~.:r ~ =- == .. ~ ~:.~ . r' .. - -...... ~ to. ~'_:' 1 HC'lj':'F t:: r ': A!; :.1 ~, ; 0 0 '.IF;: rSj,.rEc, H r::-=' C. 0 I: :' L I ,:' l! E ',,;: T :: _ : ,-, :: ~ '::::- ~ E:-~ !! E -: i ::, I /-. :: .~. ! i ~ :-::~ ::~r-r.S OF TYIS :~E.:;!: ~' -:-~:: ~~L:OIT1 0F THIS eRE !:~;';: ,. ~ ~ ,; ..... ~. :.I:! 0:: Ti F:-.:~S!:7:: .....::-tt 'r , ,~. ....,-~~~..__.-,..~_._----_.---_.._...'--- ......-.--_............~..- ,-.._.....,_._~-~-_.._--_._--,-~..._.--,_.-_---_.__..._--~--- ._._..~.. .-..~,_.,~~.........---.,..._-_.........,._----,-_.,..,.......'"..,----......""'_.-~_._,_.,....__...._,-- MAR 2 :3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT NOT RECEIVED IN CLERK TO THE BOARD'S OFFICE AS OF NOVEMBER 30,1999 March 23, 1999 Item #16A7 RESOLUTIONS 99-172 THROUGH 99-175 RE CODE ENFORCEMENT CASE NO'S. 80720-120/TROPICANA HOMES AT MARCO INC. % JOSE A. PEREZ, 80722- 057/LUIS ALFREDO & PATRICIA ANN CARVAJAL, 80813-047/FLORA ACOSTA & 80909-098/DANIEL LIY Page 85 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAR 2 3 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: MAR 2 3 199~ Tropicana Homes At Marco Inc % Jose A Perez 6317 SW _11th St Miami, FL 33144 REFERENCE 80720-120 #56855720000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, Block 79 of MARCO BEACH UNIT THREE, a Subdivision accordinq to the Plat thereof, recorded in Plat Book 6, paqes 17-24 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 8/5/98, 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 veqetation in excess of 18" in heiqht 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 MAR 231999 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 2 3 1999 RESOLUTION NO. 99- 17? 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 Tropicana Homes At Marco Inc % Jose A Perez 6317 SW _11th St Miami, FL 33144 Lot 17, Block 79 of MARCO $245.00 BEACH UNIT THREE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 17-24 of the Public Records of Collier County, Florida. REFERENCE: 80720-120 #56855720000 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. DAT~D: ."3 ._j:l_~ ~1 '1 , , ,t<O ,",' . " : Ar:n~S.T';:\\ n "fl a '~"".,;:'.:''''ttj' ,Dwt~. E. BR8cf!::\q~P:RK . ......!'. " , , .Jar, ~::', ,~_.:' . ,..n.:'. /1~~..; '-,; .... ' l ~. I, ~"~ ~', -".' ':.', ~ ',' ""',\" :' '; , " . BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA BY: p ~IGEL' , COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAR 2 3 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN Luis Alfredo & patricia Ann Carvajal 5205 McCarty St Naples, FL 34113 DATE: MAR 2 3 1999 No~an & Cleda Hedrich 10911 Bonita Beach Rd Bonita Springs, FL 34134 REFERENCE 80722-057 #62046200006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 24, Block 10, Unit 1, Naples Manor, according to the plat thereof recorded in Plat Book 3, Page 57, Public Records, 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 7/22/98, 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, MAR ~ ~ tnnn 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 2 3 1999 RESOLUTION NO. 99- 173 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 Luis Alfredo & Patricia Ann Carvajal 5205 McCarty St Naples, FL 34113 Lot 24, Block 10, Unit 1, Naples Manor, according to the plat thereof recorded in Plat Book 3,paqe 57, Public Records, Collier County, Florida. $ 245.00 Norman & Cleda Hedrich 10911 Bonita Beach Rd Bonita Springs, FL 34134 REFERENCE: 80727-057 #62046200006 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: 3-::) ~....~ '" 'ATTE~i/~OA',iD' :""', D~I,Qm.': :$'>' Bl<O€I{~.,'~LERK !...'~ .._"\.ri',~,,,.(~,;, \,' ,:, '., ~'~.:,':." ~"~;1-' ",'" ~I ' . : ,..:.', ' .' , ,'."!:!;JJ.J C. A est,~~$ i6'?th4jr~tr~S . '!'I., '. A~~~4iAlf .~O ,id'k~ .~' " . AN ,~GAlr-S ICIENCY: , ii, S . l! ' .~'~. ! ~ , -, , /l.... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: tD ~ CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAR 2 3 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: MAR 2 3 1999 Flora Acosta 35 Colonial Dr Naples, FL 34112 REFERENCE 80807-008 #22623480001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 5, Unit No: 1, Avalon Estates, a subdivision according to the Plat thereof as recorded in the Public Records of Collier County, Florida, at Plat Book 3, Page 62 and recorded in O.R. 686 at Page 457. 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 8/14/98, 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: OVERGROWTH (URBAN) : 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 MAR ? ~ 10QO 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 2 3 1999 RESOLUTION NO. 99- 174 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 Flora Acosta 35 Colonial Dr Naples, FL 34112 Lot 4, Block 5, Unit No: 1, $245.00 Avalon Estates, a subdivision according to the Plat thereof as recorded in the Public Records of Collier County, Florida, at Plat Book 3, Page 62 and recorded in O.R. 686 at Page 457. REFERENCE: 80807-008 #22623480001 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: 3-;:::l~?_C)~ ATTEST: ;~HVj~~c ~'st IS to Chaf"'an's s 1 gl'1atul"e olllYrfI APPROVED AS !O FORM AND LEGAL SUFFICIENCY: 'f#l~~ 'f'^- COUNTY ATTOR~EY BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAR 2 3 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Daniel Liy 5102 NW-7~ st #614W Miami, FL 33126 MAR 2 3 1~qq REFERENCE 80909-098 #36315560005 LIEN NUMBER: LEGAL DESCRIPTION: LOT 20, BLOCK 198, GOLDEN GATE, UNIT NO.6, ACCORDING TO PLAT IN PLAT BOOK 5, PAGES 124 THROUGH 134, INCLUSIVE 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 9/9/98, 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: OVERGROWTH (URBAN) : 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 MAR') 3,1'19, 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 2 3 1999 RESOLUTION NO. 99- 17~ 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 nuisanc~ after due and proper notice thereof to the owner of said property, i$ hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Daniel Liy 5102 NW-7~ St #614W Miami, FL 33126 LOT 20, BLOCK 198, GOLDEN GATE, UNIT NO.6, ACCORDING TO PLAT IN PLAT BOOK 5, PAGES 124 THROOGH 134, INCLOSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. $245.00 REFERENCE: 80909-098 #36315560005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ~his Resolution adopted after motion, second and majority vote. DAT~,P. :::~?3,-~ 'T -": ',~ . .. . -I " . ' . . , ,ATT$ST~::;::'",: :,,: ,': ' DW,:t:~~\l Btlil~~OCK t CLERK ":' ,~~;.: ' v/,':., ,; ~'X~ .1\ ': " . ~ ' ; ~'lt.... . ....;. 4, :~"Iti-,~. ".... - , . '>'.. ",.,'-\' " , '\"~ " ' i. :., ~,.'- " . ~ .,~~-"'" ~ I ': ;:):~tt~{:~f~,:j-~,b~,rt'~ l $ , ~ A~ft).~e~l:J'Q':"FbRM . ':~'~~D ,.,~EGAL ' ~t!,I\~I9J; ~NCY : .~2d1~' ~- COUN~~'ATTORNEY .-'0,) ';. , y t.'. ... CSce1i~~\-7 1/1/99 " , BOARD OF COUNTY COMMISSIONE~ COLLIE COUNTY, FLORIDA BY: ~ . March 23, 1999 Item #16B1 FUNDS FROM WASTE TIRE GRANT TO PROVIDE SAFETY PLAY SURFACE AT EVERGLADES CITY PUBLIC PLAYGROUND, NOT TO EXCEED IN THE AMOUNT OF $23,000.00 Item #16B2 - This item has been deleted Item #16B3 BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 98 FOR ROAD PROJECTS IN FUNDS 313, 331, 333, 334, 336, 338, 339 & 340 Item #16B4 AGREEMENT WITH IMMOKALEE DISPOSAL, INC. TO CONTINUE PROVIDING RECYCLING SERVICE FOR MULTI-FAMILY RESIDENTIAL UNITS FOR APPROXIMATELY 2,700 UNITS @ $.95 PER UNIT PER MONTH, FOR A TOTAL ANNUAL AMOUNT OF $30,780.00 Page 86 MAR 2 3 1999 AGREEMENT :All$.AQREEMENT, made and entered into on this d2l'O day of I r ~ , 19 ~ by and between Immokalee Disposal, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Contractor shall commence the work the first day of the month following the execution of this agreement. The contract shall terminate on September 30,2001. The County Administrator may, at his discretion, extend this Agreement under all of the terms and conditions contained in this Agreement for up to two (2) additional one (1) year periods. The County Administrator shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ninety (90) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide multi-family recycling service on a mandatory basis in accordance with the terms and conditions of the specifications of the Contractor's proposal dated March 11, 1994, hereto attached and made an integral part of this Agreement and any applicable provisions of the 1990 Solid Waste Collection Service Agreement between County and Contractor incorporated herein by reference, as amended. 3. THE CONTRACT SUM. Through the Contractor's commercial billing system, the Contractor shall collect the per unit price as indicated in the Contractor's proposal for the performance of this Agreement ($,95 per month, or $11.40 annually for approximately 2,686 units in Immokalee, Florida). 4. NOTICES All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Immokalee Disposal, Inc. 120 W. Jefferson Avenue Immokalee, Florida 34142 All notices from the Contractor to the County shall be deemed duly served if mailed MAR 2 3 1999 by registered or certified mail to the County to: Collier County Solid Waste Department Collier County Government Center Health/Community Services Bldg. 3301 Tamiami Trail East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. The Contractor agrees to obtain and pay for all permits and licenses necessary for the conduct of business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the D,S. Government now in force or hereafter adopted, 7. EMPLOYEES The Contractor shall employ people to work at County facilities who are neat, clean, well- groomed and courteous, 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor of if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is 2 MAR 2 3 1999 cured, The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause. The County shall be sole judge of non-performance. The County may also terminate this Agreement for convenience with a thirty (30) day written notice. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows; A. Comprehensive General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of$l,OOO,OOO Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include; Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Worker's Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Reauirements: Collier County shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 3 MAR 2 3 1999 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICA nON. The Contractor/Vendor, in consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directory or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorN endor' s limit of, or lack of, sufficient insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County, This section does not pertain to any incident arising from the sole negligence of Collier County, 13. THIS AGREEMENT shall be administered on behalf of the County by the Solid Waste Department. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of this Agreement and the attached and/or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim, Contractor's Proposal dated March 11, 1994, Insurance Certificate, Performance Bond, and any applicable provisions of the 1990 Solid Waste Collection Service Agreement between County and Contractor incorporated herein by reference, as amended. 15. IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that the within contract is subject to annual appropriation by the Board of County Commissioners. 4 MAR 2 3 1999 IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. .~ ~.~ .'.~'l ~ .~'" ~ ~.;'.. _ : (," '''''A''N'Q, ;, '. .. ,',clAf.ED:~i?-3--9q " """ t.'. ; '. /' ~f - . AITES" y' "C:;I':~" '~.~, . ,,<.' ;"'~'i '...:.:;;~0:\;.\~:., ' :...... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :rt ;"1' '., ... - 'By~ , ... , ' ~~/?l~ irst Witness /?J,r::}Jv6~rer A. '" YJ1o~ 11)1 Type/print witness name t:::) )C::::;o vV' Je.{:t=e.'If: sO IV b- v~ . q J.[ I -- ~ S 7- .;'J. 7.,:] CJ Address and Telephone Immokalee Disposal, Inc. Contractor BY~/~ SIgnature Larry L. Collins. Vice President g,hR~ 70.1~ Second Witness E / t e p A/ l!oI?/) fJ-~s Typ;~~ri~:r~t~e.!j.~ rame /Ol/~~ ~~ *h ~3?Jb Add ss and Telephone ~~/- 3& ?-ft, ;;.. yf? CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: 5 =~~-..j1;~:} :;- . - ... .:"~'. -.:. - ..;;~. - .. " ...'- .. ~- ,,".. -. DATE: March 11, 1994 MAR 2 3 1999 TO: , Dave :.;Russell ,Solid ,Waste Management .Building H 3301.:Tamiami -Trail _Naples ,:Florida ,33962 Director FROM: -- La.J:::ry :-Collins, -President .:Immokalee ,.::Disposal...Inc. ,..BIDDERS :::PROPOSAL '~AMILY.3mCYCLING :EROGRAM PERFORMANCE BO~~ AND INSURANCE To my understanding, all bond and insurance requirements should be covered under our current franchise. POTENTIALRECYCLABLES Newspaper Plastic containers ~lear and colored glass Aluminum and tin cans RECYCLING CONTAINERS All recycle bins and containers will be provided by Immokalee Disposal. ...--._.~..'--'--_-:--<'. ,"- :S:O:"!"!jl'! _ ~~~~::--- ;ir:l\ - "':.., \UU\ 1::::~: '- '-'-- \---- ~~ L- I SOL~D V.;ASTE DEPT. "--- .:.'~.:Z~::=:?,~"--:,-..~,, .~::~;. ,::;:;..:;- ~.: ~ -:... "'#-- , ,:',.~;~~:,:;::_';:;~-?~~;~~-~ ~ - .,. - -: --- .-.'-'~';':;.: ~~-::'.'/~""':' ," MAR 2 3 1999 MULTI..::FAMILY -:JU:CYCLING"COST (1 - '5 YEARS) Cost~:per unit .:for: 1 .YEAR .Mandatory $ 1~38 Volnntary" 1 ..91 2 . YEARS , Mandatory 1 . 1 0 '. 'Voluntary c" 1.87 ' ' 3 YEARS Mandatory - -.- .1.02 -Voluntary 1.74 4 :YEARS., Mandatory 1.02 Voluntary " 1.74 5 YEARS Mandatory .95 Voluntary 1.65 CONTRACT LENGTE 5 years recommended STARTING DATE August 1, 1994 BILLING Immokalee Disposal will be responsible for all billing and collection of payments. ~ I ~ _:.' ' .- .. ,..... '.-_.. -....... ."-..... .... - .- MAR 2 3 1999 TITLE OF-RECYCLABLES ,All,recyclables andIevenues~collected are the -property of Immokalee _,Disposal.. COMMENTS " * ' 'Due ;'Lo:the ...high _turn :ove~:in:.:some..::rentaL-:units , :-Immoka'lee :JJisposal,:.:expects-::to =replace..25 :percent of-:theo:recycle .::bins "each ~ear~ '* '-J3ecause:fImmokaleeds ::a::sm;:lll -'town,.:Ea.D.datory . participation :::wi th::no 2eXception:.;Ls.::::essp,,+;;:! 1 '.::for, :the :.success :.:of:mult'i~:family -=recycling .;_ --Word::spr:eads very :::fast.:if _~anyone ....:is~exempt-".:which_..w~underm.ine the "whole -pro.gram. " ' Sincerely, fJ-Jlj~ ~ Larry Collins, President March 23, 1999 Item #16BS AWARD BID #98-2880 TO SEVERN TRENT ENVIRONMENTAL SERVICES, INC. FOR BACKFLOW SERVICES, TASK ONE, TWO AND THREE Item #16B6 STAFF TO AMEND THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE NO. 97-37 TO ADD SUBMETERING LANGUAGE AND ALLOW FOR ALLOCATING COST TO INTERNAL USERS Item #16B7 DELETION OF THE BACKDOOR SERVICE OPTION FROM THE AUTOMATED SOLID WASTE CURBSIDE COLLECTION PROGRAM WITH THE EXCEPTION OF CASES OF MEDICAL NECESSITY Page 87 March 23, 1999 Item #16B8 AWARD BID #99-2915 TO LIGHTNER CONTRACTING, INC. FOR BEACH MAINTENANCE ACTIVITIES Item #16B9 RESOLUTION 99-176 RE THE ELIGIBILITY FOR MEMBERSHIP ON THE NAPLES BEACH RENOURISHMENT/MAINTENANCE COMMITTEE Page 88 MAR 2 3 1999 RESOLUTION NO. 99- 176 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REVISING THE ELIGIBILITY FOR MEMBERSHIP ON THE NAPLES BEACH RENOURISHMENT/MAINTENANCE COMMITTEE. WHEREAS, the Naples Beach Renourishment/Maintenance Committee consists of eleven (11) voting members; and WHEREAS, five (5) members of the Naples Beach Renourishment/Maintenance Committee are appointed by the Board of County Commissioners; and WHEREAS, the current County resolution requires the five (5) members appointed by the Board of County Commissioners to be from the unincorporated area of Collier County; and WHEREAS, prior to its incorporation, residents from Marco Island were eligible for appointment to the Beach Renourishment/Maintenance Committee; and WHEREAS, the County desires to have representation from the City of Marco on the Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. It is hereby declared that applicants residing within the unincorporated area of Collier County or within any municipality in Collier County shall be eligible for appointment by the Board of County Commissioners to the Naples Beach Renourishment/Maintenance Committee, 2, This Resolution shall supersede Collier County Resolution No. 92-656. 3, This Resolution shall take effect immediately upon adoption, This Resolution adopted thi;53ro day of ~y'dJ'_ , 1999, after motion, second and majority vote favoring same, BOARD OF COUNTY COMMISSIONERS OF 7"LIER COUNTY, FLORID I I )~ .~.f B~ / v U '~l Pamela S. Mac'Kie, Cha' woman -...... HEH.lh.3.1.99 1 March 23, 1999 Item #16B10 BID #97-254 FOR USE OF THE CHARLOTTE COUNTY TRENCHLESS PIPE FOR CCWSD PIPE LINE REHABILITATION Item #16B11 - Continued to April 13, 1999 RESCIND THE AWARD OF A CONTRACT TO ALLIED TRUCKING OF FLORIDA, INC./C.B.E. TRUCKING COMPANY, INC. FOR BID NO. 98-2900 AND AWARD A CONTRACT TO DOUGLAS N. HIGGINS, INC. FOR THE TRANSPORT AND PLACEMENT OF BEACH FILL MATERIAL IN THE AMOUNT OF $417,857.14 Item #16B12 ADJUST THE NON-AD VALOREM ASSESSMENT FOR PARCEL NUMBER 11 IN THE NAPLES PRODUCTION PARK M.S.T.U. IN THE AMOUNT OF $24,683.17 Item #16B13 AMENDMENT 7 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES << ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, RFP 93-2121, PROJECT 73916 Page 89 MAR 2 3 1999 SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 7 to the Agree~ent dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into thig;..),?) day of~GL, , 1999, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hole, Montes & Associates, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 715 Tenth Street South, P.O, Box 1586, Naples, Florida 34106 (hereinafter referred to as the "CONSULTANT"), WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1, CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto, ARTICLE TWO 2.1 OWNER agrees to compensate CONSULT ANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. \\HMA_NAPLES\WP\ 1993\1993 1 34\RERA TING\AMENDN07,DOC -1- MAR 2 3 1999 ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. , ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATIEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A' POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE ,@Ovt:iffi'1NG BOARD OF THE COLLIER CQlri~TY WATER>~,. SEWER DISTRICT.' \;;. ')" ,'.. ,,/1 ...... By: /, ,.' --- !,: { /7 3Chairperson \, " "\''c~':-'~~ , -::1 3-<"7 i ....,,/ " , \\\,." /1/11111111\\\\\\ , , \f:";' " ~ ;i':f ' ~", \.'J~ ;~;.. .. 'J~~~J;:,~( : :;'": '.',', Clerk . "" . , ' ' ',' "". " lttest !tS,.tOCi1~\'k~an' $ ,~ 'Mgna,tul"f: cniy.'" ' " ,"~o:Approved as t~ form.and tbg<jl suf~~iency:' ~~t~"L~t9 Assistant County Attorney l , HOLE, MONTES & ASSOCIATES, INC, -m.A.~ Witness By: Ronald E, Benson, Jr., Ph.D" P. Vice President ~7 V ~-- Witness ' (CORPORA TE SEAL) \\HMA_NAPLES\ WP\ 1993\1 993 I 34\RERA T1NG\AMENDN07 ,DOC - 2- MAR 2 3 1999 SUPPLEMENT NO.7 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 1993134 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of that work that is necessary to evaluate the South Water Reclamation Facility for the potential of handling higher flows than currently permitted and to apply for a rerating of the facility by the Florida Department of Environmental Protection (FDEP), including design of any modifications to the facility required in order to obtain this rerating. The scope of services is described as follows: PHASE II-A WWTP Design A.2 Design Report CONSUL T ANT will perform an evaluation of the recently upgraded South Water Reclamation Facility in order to assess the potential for expansion of the treatment capacity of the facility in excess of that which is currently permitted by FDEP. In particular, the maximum hydraulic capacity of the facility and the ability to handle peak organic loadings will be investigated, The current permitted capacity of the facility is 8 million gallons per day (MGD), The associated peak hour hydraulic capacity is 18 MOD. A review of plant flow records will be performed in order to confirm or revise the necessary peak hour hydraulic capacity of the plant, In addition, the need to handle peak instantaneous flows greater than 18 MOD will be investigated. Each treatment process will be evaluated in order to determine the maximum capacity for treatment of both peak flows as well as sustained flows. In addition, the peak capacity of the piping that interconnects each treatment process will be evaluated. In this manner, the areas of the existing facility that have the smallest capacity will be determined, as well as determination of the capacity of each individual unit, This information will then be used to determine the maximum capacity that the facility can sustain in an "as is" configuration, Corrective actions and operational enhancement improvements that can be implemented prior to the next peak season period (no later than January 2000) will be identified. Following identification of these immediate improvements, a Design Report review meeting will be conducted to recommend immediate actions. Alternative methods of procuring fast-track construction services will be discussed. \\HMA_NAPLES\WP\l993\1993134\RERA TING\SCOPE OF SERVS,DOC -1- MAR 2 3 1999 Following identification of the immediate improvements, the potential for expansion of the capacity of the SCWRF will be further investigated, Those improvements that would be necessary for each 1 MGD in additional capacity will be identified (for average daily flow rates ranging from 8 MGD to 16 MGD) including appropriate peak flow factors. A second Design Report review meeting will be conducted to identify those improvements that will need to be implemented in a phased manner over the next five years as well as those that will need to be implemented over the next ten to fifteen years. The findings of this evaluation will serve as a master plan for future growth and expansion of the SCWRF. Following completion of the tasks outlined above, a report will be prepared outlining the findings of this investigation including preliminary opinions of probable construction cost and annual O&M costs and a proposed implementation schedule for each improvement identified. CONSUL T ANT will furnish five (5) copies of the preliminary draft Design Report and conduct a meeting with OWNER to present the preliminary draft Design Report for OWNER's review and approval. Comments from the OWNER will be incorporated into a final Design Report and CONSULTANT will furnish five (5) copies of the final Design Report. PHASE I Preliminary Services AI.4 Capacity Analysis Report CONSUL T ANT will prepare a Capacity Analysis Report for the South County Water Reclamation Facility service area meeting FDEP regulations. CONSUL T ANT will furnish five (5) copies of the preliminary draft Capacity Analysis Report and conduct a meeting with OWNER to present the preliminary draft Capacity Analysis Report for OWNER's review and approval. Comments from the OWNER will be incorporated into a final Capacity Analysis Report and CONSULTANT will furnish five (5) copies of the final Capacity Analysis Report. The OWNER will submit this report to FDEP. ADDITIONAL SERVICES Reuse Master Plan At the time that application is made to FDEP for a new permit for the South County Water Reclamation Facility an updated Reuse Master Plan will need to be submitted. CONSUL T ANT will prepare an update to the Reuse Master Plan to include current planned improvements as well as any deemed necessary to meet the needs resulting from expansion of the capacity of the South County Water Reclamation Facility, CONSUL T ANT will furnish five (5) copies of the preliminary draft Update to the Reuse Master Plan Report and conduct a meeting with OWNER to present the preliminary draft report for OWNER's review and approval. Comments from the OWNER will be incorporated into a final report and CONSULTANT will furnish five (5) copies of the final report. The OWNER will submit this report to FDEP. \\HMA_NAPLES\WP\1993\199313-l\RERATING\SCOPE OF SERVS,DOC -2- MAR 2 3 1999 Permitting! Approvals CONSULTANT will prepare the permit application package for submittal to FDEP :for rerating of the South County Water Reclamation Facility. Copies of the Design Report, Capacity Analysis Report and Reuse Master Plan will be included with the application. CONSUL T ANT will meet with PDEP to review the submitted materials and prepare any written responses to FDEP review questions. OWNER will pay all permit application and processing fees:, IIHMA NAPLESIWPI1993119931341RERATINGISCOPE OF SERVS,DOC -3- MAR 2 3 1999 SCHEDULE B - ATTACHMENT A Amendment No.7 SCHEDULE OF FEES FOR BASIC SERVICES Current Amendment Budget No.7 PHASE II-A WWTP Disinfection System A.2 Design Report $2,800 $2,800 A.3 Preliminary Design $10,300 $10,300 AA Final Design $3,900 $3,900 A,5 Bidding Services $1,600 $1,600 A.6 Contract Administration $9,700 $9,700 PHASE II-A Royal Palm Irrigation Pump System A.2 Design Report $500 $500 A.3 Preliminary Design $5,600 $5,600 A.4 Final Design $1,600 $1,600 A.5 Bidding Services By Owner By Owner A.6 Contract Administration By Owner By Owner PHASE II-A WWTP Design A.2 Design Report $219,000 $290,000 A.3 Preliminary Design $750,000 $750;000 AA Final Design $150,000 $150,000 A.5 Bidding Services A.5.1 Reclaimed Water PS/Elec Bldg - Equipment $10,000 $10,000 A.5.2 Reclaimed Water PS/Elec Bldg - Construction $15,000 $15,000 A,5.3 Phase I Improvements $30,000 $30,000 A.6 Contract Administration A.6.1 Reclaimed Water PS/Elec Bldg - Equipment $20,000 $20,000 A.6.2 Reclaimed Water PS/Elec Bldg - Construction $120,000 $120,000 A.6.3 Phase I Improvements $355,000 $355,000 \\HMA _NAPLES\ WP\ 1993\1993 I 34\RERA TING\SCHB- A.DOC -1- MAR 2 3 1999 PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 Design Report : A.3 Preliminary Design AA Final Design , A.5 Bidding Services: A.6 Contract Administration . PHASE II-D EFFLUENT STORAGE EXPANSION A.2 Design Report : A.3 Preliminary Design AA Final Design A.5 Bidding Services A.6 Contract Administration \\HMA_NAPLES\WP\I 993\1 993 I 34\RERATING\SCHB- A,DQC -2- $9,000 $52,000 $24,000 $6,000 $38,000 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined $9,000 $52,000 $24,000 $6,000 $38,000 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined MAR 2 3 1999 SCHEDULE B - ATIACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal Engineer VI .................................i......................................................... $130.00 per hour Environmental Engineer V ...........,................................................................,...... $120.00 per hour Environmental Engineer IV .......,......,.........:.............................................,........... $105.00 per hour Environmental Engineer III........................:......................................................... $ 85.00 per hour Environmental Engineer 11..........................,.. ........... ..,..... ,.......... ......................... $ 70,00 per hour Environmental Engineer I ..................,........~.....................,................................... $ 55,00 per hour Environmental Operations Specialist..........:.......................,................................. $ 70,00 per hour Engineer Tech V .....,...................................................,.....................'................... $ 65,00 per hour Engineer Tech IV ...................,......................,...............,...,.......,.............,............. $ 60.00 per hour Engineer Tech III ..................................,...,................................................,.......... $ 55.00 per hour Engineer Tech II ....................................,..,........................................................... $ 50.00 per hour Engineer Tech I...................................................,.....,.............. ,.....................'...... $ 40.00 per hour Contract Administrator (P,E.) .....................................,......................................... $ 80.00 per hour Contract Administrator ........,......................;.....,................... ,................................ $ 65.00 per hour Construction Field Representative IV.........'.........................,..............................., $ 65.00 per hour Construction Field Representative III ............,...................................................... $ 55.00 per hour Construction Field Representative II .................................................................... $ 45.00 per hour Construction Field Representative 1.............,........................................................ $ 35,00 per hour Senior Planner.. ,... ....,..... ........... ...............,... ......., ... ,..... .... .... ..,.,..., ,... ......., ....., ,.... $ 100,00 per hour Planner.., ....., ,.... '...........,..., ,..... ,...,...'.... ,.. ............,.. ...........,.. ....... ......, ......, .........., $ 70.00 per hour Surveyor V .... ,.... .... ,., ....,'. .... ,............,...".. ,... ,. ......... ..... ,........ ..... ..... '.................... $ 95.00 per hour Surveyor IV. ..............., ......... ........, ............ ........... ,.. ........ '...,... .... ......, .......... .... ..... $ 80.00 per hour Surveyor III.. .............. .... '............ '... ,.,.. ....... ,..... ,... ,.............. ,...,........... .............. ,., $ 60,00 per hour Survey Tech IV... ,... ........ ............ '... ,.......... .................. ............ ....,........ '....... ......., $ 55.00 per hour Survey Tech III '" .... ......... ,..., ..,. ,..... ,.......... .................. ................... ...... ........ ..... ,.. $ 50.00 per hour Survey Tech II.. ..,........ ,.,.... .... .....,..............".............,....... .................,....,.......... ... $ 45,00 per hour Survey Tech I............... ... ... ........,.,.................,........,.......... '" .,...,............,............. $ 40,00 per hour 2 Man Survey Crew ..................,..................,..,...,....................,..............,........,.... $ 85.00 per hour 3 Man Survey Crew ............,...,..............,..............,.....,...............................,......,.. $ 98.00 per hour GPS Operator.... ....... ,...,..., ....,. '" ..... .......... '.............. .............. ,..., ...., '......, ,....., .,.... $ 65.00 per hour Technician IV ...................................,.....................,........ ......"......."....,..,.......,..... $ 45.00 per hour Technician III........, ,...,..... ........... '" ....,'... ,.. .......,.,....................... ..... ...............,..,.. $ 40,00 per hour Technician II ....... .............. ,.........., ,............. ,. ....."....,........... ...... ....... ,... ......" ,....... $ 35.00 per hour Technician I . ,.. ........ ,....., .... ....... ,........ ,.,.:........,.. ...................,......".. ........,...' .....,.. $ 30,00 per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. \\HMA _NAPLES\ WP\ 1993\1993 1 34\RERA TING\SCHB- B,DOC -1- MAR 2 3 1999 SCHEDULE B - ATTACHMENT C Amendment No.7 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DET AILED OBSERVATION OF CONSTRUCTION) Phase 1 Current Amendment Budget No.7 A.l Preliminary Services A.1.1 Preliminary Engineering Report $172,000 $172,000 A,l.2 Review of Odor Control Incl. Above Incl. Above A.1.3 Review of Effl, Disinfection Incl. Above Incl. Above A.1.4 Capacity Analysis Report $15,000 $25,000 A.1.5 Conditional Use Applic. $35,000 $35,000 A.1,6 Odor Control Committee $35,000 $35,000 Phase II-A WWTP Disinfection System A.7 Detailed Observation $3,700 $3,700 Phase II-A Royal Palm Irrigation Pump Station A.7 Detailed Observation By Owner By Owner Phase II-A WWTP Design A.7 Detailed Observation A.7,l Reclaimed Water PS/Elec. Bldg. - Construction $90,000 $90,000 A. 7.2 Phase I Improvements $265,000 $265,000 Phase II-B Deep Injection Well A.8 Data Review and System $43,000 $43,000 A.9 Design and Construction Permit Applications $90,000 $90,000 A.9a Add 2nd Deep Well Design & Permitting $25,000 $25,000 A.IO Well Construction Observation and Testing $370,000 $370,000 A,II Report $36,000 $36,000 A,l2 Operating Permit Application $18,000 $18,000 \\HMA _NAPLES\ WP\ 1993\ 1993134\RERA T1NG\SCHB-C.DOC -1- Phase II -C Reclaimed Water System Upgrades to Serve Lakewood A,13 Detailed Observation A.14 SurveyinglEasements A.15 Permitting A.16 Startup Assistance Phase II-D Effiuent Storage Expansion A,17 Detailed Observation A.18 SurveyinglEasements A.19 Permitting A,20 Startup Assistance Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection FDEP Operation Permit FDEP SRF Management \\HMA_NAPLES\ WP\1993\1993134\RERA T1NG\SCHB-CDOC -2- $16,000 $22,000 $6,000 $5,000 To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $30,000 $75,000 $10,000 $2,000 $15,000 $40,000 $50,000 $35,000 $8,000 $10,000 $103,696 MAR 2 3 1999 $16,000 $22,000 $6,000 $5,000 To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $40,000 $100,000 $10,000 $2,000 $15,000 $40,000 $50,000 $35,000 $8,000 $10,000 $103,696 SCHEDULE C Amendment No.7 PROJECT SCHEDULE Preliminary Engineering Report Conditional Use Application Capacity Analysis Report Review Meeting Draft Report Final Report Odor Advisory Panel WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin, Detailed Observation Permitting/Approvals Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Permitting/Approvals WWTP Design Report Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application Reuse Master Plan Preliminary Draft Report Final Report IIHMA _NAPLES\ WP\ 1993\1993 I 34\RERA TING\SCHC-PROJ SCH,DOC Complete Complete 30 days after authorization 15 days after comments 15 days after comments On-going Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete 30 days after authorization 60 days after authorization 15 days after comments 15 days after comments 60 days after authorization 15 days after comments MAR 2 3 1999 -1- Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation S urveying/Easements Permitting Startup Assistance Emuent Storage Expansion Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Startup Assistance WWTP Design Preliminary Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Final Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation \\HMA _NAPLES\ WP\ 1993\ 1993 I 34\RERA TING\SCHC-PROJ SCH,DOC MAR 2 3 1999 Complete Complete Complete Complete Ongoing Complete Complete Complete Complete Complete Complete Complete Complete Complete To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Complete Complete Complete Complete Complete Complete -2- WWTP Construction Phase Services Bid Services Reclaimed Water PS/Elec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Detailed Observation Reclaimed Water PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS/Elec Bldg Phase I Improvements \\HMA_NAPLES\WP\1993\1993 I 34\RERA TING\SCHC-PROJ SCH.DOC -3- MAR 2 3 1999 Complete : Complete , Complete : Ongoing i Complete : Ongoing Ongoing Ongoing March 23, 1999 Item #16B14 APPROVE PAVING THE LIMEROCK PORTION OF PORTER STREET IN RESPONSE TO CITIZENS REQUEST SUBJECT TO RECEIVING $17,721.42 FROM THE BENEFITING PROPERTY OWNERS Item #16C1 - This item has been deleted Item #16C2 BUDGET AMENDMENT FOR THE 4TH OF JULY FESTIVAL AND FIREWORKS IN THE AMOUNT OF $25,000.00 Item #16C3 AWARD THE PURCHASE OF PLAYGROUND EQUIPMENT TO DOMINICA RECREATION PRODUCTS INC. FOR EAGLE LAKES COMMUNITY PARK IN THE AMOUNT OF $75,000.00 Item #16C4 TWO INTERLOCAL FUND SHARING AGREEMENTS WITH THE CITY OF NAPLES AND THE CITY OF EVERGLADES Page 90 lbt; :/ ~ 4F (...... ,. . . INTERLOCAL AGREEMENT FOR FUND SHARING MAR 2 3 1999 EVERGLADES CITY COMMUNITY CENTER IMPROVEMENTS THIS INTERLOCAL AGREEMENT, BY AND BETWEEN Collier County, ("County"); and the City of Everglades, a Florida Municipal Corporation ("City"); WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Everglades for the Everglades Community Center Improvements Project; and WHEREAS, this funding was approved in the 1999 fiscal budget for Collier County, NOW, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agrees as follows: Section 1. The County shall pay up to fifty thousand dollars ($50,000) for refurbishment of the Everglades City Community Center, payable as reimbursement to the City. The City shall submit invoices to the County for the project not later than September 30, 1999, Section 2, The City shall not assess an additional admission fee, user fee, etc" to residents of Collier County during the life of the project. The City shall make said Community Center available for the County's summer youth camp program, These improvements are deemed to have a useful life of fifteen (I 5) years and if this stipulation is violated, the City shall refund to the County the useful life remainder value of the skate park's improvements calculated on fifteen (I5) year straight line depreciation with no residual value. Section 3: This Agreement may be signed in counterparts by the parties hereto, This Agreement shall take effect on the last day of execution by the party that last executed this agreement. Section 4: This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed, . DATE:2Jd~-7 t:j " -. ',. . \:. ,;~y~ U i /. " "\: ". " .,.. i.lA" . 'I- ,,"" '" " . * '>ATTEST' .; C" ,~"':'i"!:[)WI ." 'E;.~B~<:'~, CLERK . ','. . -1,,' -,1'-' "', !.~ "~.~" "l't,: ~~~. ~t::. ~ ,'-r. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID4 0- LA S, MAC'KIE, CHAIR OMAN - " . ',.- ,,4~ . > ," B . ~~ ~' ~-... ~ r.....,,:, '. - , , ,. , >J ;:.,{.tt.~~t ,~. '" to Chaf.... '. , " s 1 gn'at'Ure on 1 J . . '<.J DOl .... n "'" =aEs -.a ,., ... .. ~o - .... ... .... .... 0 ..... Qia "'" :ia -~ = .... .... o o "'" ....i: &.0> 0 _0 ~~ - ... - '=' .... I'.: ~ ;;. ..e::. roo ..... c..:r ..... Iir ..e::. ::: 0 ...c .. .... Io---ol ::;: := I'-: =q;: 0 :ii; .... :=t:l ..... = .. g g I'.: ~ E c..:r D:I <:) I'.: ~ .... 0:: on " c '"1:l ~ ::: G".:l o .... ~... -. -- "'" "'" 0 <.A: g..-::. ;0:: ~ --.:i .... .... Si: .. n .... ... .... M DOl ... - ~ .... co .... co .... Approved as to form and Legal sufficiency: p~, r~ Tho as C. Palmer Assistant County Attorney A TrEST: MARTHA DANIELS, CITY CLERK ~~Jo Approved as to form and Legal suffic' CITY OF EVERGLADES, A FLORIDA MUNIIP AL CORPORATION 16C 4 t MAR 2 3 1999 BY:~~~~~ SAMMY HAM L TON JR., MAYOR DATE: ~ ~ ~ c ~ ro..; c...:r ro..; ex .-,;: c:: t.A; ~ ex 0: ~ ~ ~ /, 16C If MAR 2 3 1999 INTERLOCAL AGREEMENT FOR FUND SHARING: NAPLES BEACH ACCESS IMPROVEMENTS PROJECT NAPLES LANDING PARK IMPROVEMENTS PROJECT, AND EDGE SKATE PARK IMPROVEMENTS PROJECT THIS INTERLOCAL AGREEMENT, BY AND BETWEEN Collier County, ("County"), and the City of Naples, ("City"); WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Naples for the Naples Beach Access Improvements Project; and WHEREAS, this funding was approved in the 1999 fiscal budget for Collier County; NOW, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agree as follows: Section 1. The County shall pay fifty percent (50%) funding of the costs of the Naples Beach Access Improvements Phase II Project, payable as reimbursement to the City not to exceed twenty-five thousand dollars ($25,000). The City shall submit invoices for this Project to the County not later than September 30, 1999. Section 2. In the event that the current Beach Parking Interlocal Agreement between the City and the County, dated November 5,1997, should not for any reason have an effective duration of a full ten (lID years following the completion of the Naples Beach Access Improvements Phase II Project), the City shall refund to the County the County's proportionate share of the useful life remainder value of the Naples Beach Access Improvements Phase II Project. Improvements to the Naples Beach Access Improvements Phase II Project are deemed to have a useful life of ten (10) years. The subject refund shall be based on the County's funding contribution reduced by ten (10) year straight line depr~ciation of the beach access improvements with no residual value. Section 3. The County will pay up to twenty-five thousand dollars ($25,000) for phase III refurbishment of the Naples Landing Park, payable as reimbursements to the City. The City shall submit the invoices to the County for said project not later then September 30, 1999. Section 4. The City shall not assess an additional admission fee, user fee, etc., to residents of Collier County during the life of the project without prior written approval by an authorized County representative. In --"- t;I!I!C:=, ii:I_c:r .... - ... .. ~o -.... ... _....0 ... Qi1 l:ICl o >- -~ = - - 8 "'" -= .... " _0 ~@: - ... -a .... I-.....: ~;;- ..p. '"' ~ c...r r9' =- ..p. ~o'-C .. .... ~ ::;: = c.....: =00 :iI e= :::lCl .... == .. !i B r-..: !"I ! U"\ CD 0 r-..: ~- CO nn !'" ~ --c:s no :::: Cl C" .. "","'" ..."~ o~ ~(X) , '-C .... .... 8= ...." ... =:1 ... - .... U'I _ _ _ _ 16C 4 MAR 2 3 1999 the event that this stipulation is violated, the City shall refund to the County the County's proportionate share of the useful life remainder value of the Naples Landing Park improvements. Improvements to the Naples Landing Park are deemed to have a useful life of twenty (20) years. This refund shall be based on twenty (20) year straight line depreciation of the Naples Landing improvements with no residual value. Section 5. The County shall pay up to fifteen thousand dollars ($15,000) for improvements to the Edge Skate facility at Fleischmann Park, payable as reimbursements to the City. The City shall submit the invoices to the County for said project not later than September 30, 1999. The City shall not assess any additional admission fee, user fee, etc.':lO residents of unincorporated Collier County during the life of the project, without prior written approval by an authorized County representative. In the event that this stipulation is violated, the City shall refund to the County the County's proportionate share of the useful life remainder value of the skate park's improvements. Improvements to the Edge Skate facility are deemed to have a useful life of ten (10) years. This refund shall be based on ten (10) year straight line depreciation of the skate facility improvements with no residual value. Section 6. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 7. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ~3-.2~-91 o ::t:::I . , ATTEST ", ''''1 ~'~WlG!if ~." BR9CK, ,..5,' - , '~, ;,";If' ",er . ~ . t,_ ~}A'I 1"'00..: c...r 1"'00..: cc ~ ~ .~: B. By: ;, :, ,~.~"$tt~.:~ Chif",an.5 PAM ".. .;,-:", S'ftft4tU.r.rOnlJ..., ,',' '" " ,""'. ,.~t - , ,......CI, Approved, aa'w fQrm and "I . ' '. '. '" ' :. '~eg~.~~~cle-.ncy: :', , ~V~ Thomas C. Palmer BOARD OF COUNTY COMMISSIONERS OF COLLIER COU , FLORIDA (,AJ ..,. '-CI <:::l Assistant County Attorney . .~J ATTEST: TARA NORMAN, CITY CLERK I : :. ~ t:t1-~ 16C 4 MAR 2 3 1999 CITY OF NAPLES, A FLORIDA MUNICIP CORP RA/, BY: r;tII BILL BARNETT, MAYOR DATE:~ ~t~~ Approved as to form and Legal sufficiency: ~~d.~ Kenneth B. Cuyler City Attorney IgenJagree/interlocalagreepark No No * C) ::::Il:t ~ c..n ~ co t-c:I C"l ~ ~ \,C) ~ * * * March 23, 1999 Item #16CS BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $48,637 IN STATE AID TO LIBRARIES IN FY99 Item #16D1 ADD ASSET #940024 A FORD AEROSTAR VAN TO THE MARCH 27, 1999 AUCTION LIST Item #16D2 AWARD BID NO. 98-2903 TO VWR SCIENTIFIC FOR LABORATORY CHEMICALS AND SUPPLIES IN AN ESTIMATED AMOUNT OF $200,000.00 Item #16D3 CONTRACT BETWEEN COLLIER COUNTY AND COMMUNITY HEALTH PARTNERS FOR GROUP HEALTH MANAGED CARE NETWORK FEES AND SERVICES Page 91 MAR 2 3 1999 NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. PREFERRED PROVIDER PAYOR AGREEMENT This PREFERRED PROVIDER PAYOR AGREEMENT (the "Agreement") effective as of the 1st day of January. 1998 , (the "Effective Date") is entered into by and between Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners ("Naples PHon) and Collier County Board of Commissioners (hereinafter referred to as either "Collier County Government" or "Payor"). W ! T N E SSE T H: WHEREAS, Naples PHO has as its primary objective arranging for the delivery or provision of certain health services through a cost effective, coordinated, and integrated health care delivery system (sometimes referred to as a "Physician Hospital Organization" or "PHO"); WHEREAS, Collier County Government has adopted a self-insured employee benefit plan for the provision of health care benefits to Plan Members; WHEREAS, Collier County Government, a self-insured employer, is ultimately responsible for payment of health care benefits in accordance with the terms and conditions of this Agreement; and WHEREAS, Collier County Government desires to increase control over the cost of providing health care benefits to Plan Members and enters into this Agreement to arrange for Naples PHO, through Naples PHO Providers, to render Plan Benefits to Plan Members under Collier County Government's various Benefit Programs. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning ascribed thereto: 1.1 Aereement. This Preferred Provider Payor Agreement. 1.2 Benefit Proeram. Collier County Government's self insured employee benefit plans covered under this Agreement as listed on Schedule 1.2. as amended from time to time, MAR 2 3 1999 1.3 Clean Claim. A claim that the Collier County Government has not disputed in accordance with paragraph 5.2 of this agreement and has all required substantiating documentation similar to the information required to complete HCF A-1500 forms or UB-92 forms permitting timely payment on the claim. 1.4 Copavment. That portion of Naples PHO Providers' charges, determined in accordance with this Agreement, for Plan Benefits to be paid by or on behalf of a Plan Member under a particular Benefit Program in excess of the Deductible required by Collier County Government. 1.5 Deductible. That portion of the charges for Plan Benefits for which Collier County Government has no obligation to payor reimburse on behalf of Plan Members under a particular Benefit Program. 1.6 Medical Emer2encv. The sudden, unexpected onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to jeopardize life, cause serious injury or impairment of bodily functions, or cause serious injury to or permanent dysfunction of any bodily organ or part. All determinations of whether or not an emergency exists will be subject to retrospective review and approval or disapproval by payors medical director pursuant to the Utilization Management program. 1.7 Naples PHO Hospital. Naples Community Hospital and North Collier Hospital which have contracted as independent contractors with Naples PHO to provide certain Plan Benefits to Plan Members. 1.8 Naples PHO Physician. A physician who has contracted as an independent contractor with Naples PHO and is listed in Schedule 1.8 directory, as the same may be amended or updated from time to time upon notice to Collier County Government. Changes to Schedule 1.8 directory shall not require notice pursuant to Section 2.2. 1.9 Naples PHO Provider. A Naples PHO Physician, Naples PHO Hospital, and any licensed health care facility or professional, who or which has entered into a written agreement with Naples PHO and is listed in Schedule 1.8 directory, as the same may be amended or updated from time to time upon notice to Collier County Government. Changes to Schedule 1.8 directory shall not require notice pursuant to Section 2.2. 1.10 Plan Benefits. Those inpatient and outpatient services that are ordered for Plan Members by physicians and other licensed health care providers, covered under a Benefit Program, and within the scope of Naples PHO Providers' service capabilities and this Agreement. 1.11 Plan Member. Any person who has elected to receive health care benefits from or through Collier County Government's Benefit Program and who is eligible to receive Plan Benefits under a Benefit Program included in this Agreement. F:\USER\P A T\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 ARTICLE II PROVISION OF SERVICES 2.1 Collier County Government Representations and Warranties. Collier County Government represents and warrants that the terms of this Agreement do not conflict with any other agreements, whether written or oral, between Collier County Government and any other third person or entity. For purposes of Naples PHO Providers compliance with Rule 4-153, Florida Administrative Code, Collier County Government represents and warrants that its Benefit Programs are completely and fully self-insured, except for any reinsurance or similar form of stop-loss insurance, and that (i) no part or portion of any expenses incurred by a Plan Member are directly reimbursed to a Plan Member by a third party commercial insurer and (ii) no Plan Member is indemnified from and against the expense by a third party commercial insurer provided or arranged for by Collier County Government. 2.2 Medical and Hospital Services. Naples PHO Providers shall make available their usual and customary services to Plan Members in accordance with each Naples PHO Provider's then current policies and procedures. Naples PHO may increase or decrease the level and types of services made available under this Agreement; provided, however, Naples PHO shall provide Collier County Government with thirty (30) days notice of any material reduction in services arranged by the Naples PHO unless said notice cannot reasonably be provided. In such cases written notice should be provided at the earliest reasonable opportunity. During the term of this Agreement there may be additions to or deletions from the listing of Naples PHO Providers. Such changes shall not be deemed a breach of this Agreement or cause for termination provided that such changes do not materially interfere with the ability of Naples PHO to perform in accordance with the terms of this Agreement. 2.3 Medical Records. Each Naples PHO Provider shall maintain medical records of Plan Members in accordance with applicable state and federal laws. To the extent required by Florida Lawall medical information concerning Plan Members is confidential and privileged. Medical information shall not be disclosed to any third party including Collier County Government or its representatives without the duly executed consent of the affected Plan Member or his legally authorized representative, unless required to do so by law or by court order. Subject to a Plan Member or a Plan Member's legal representative consenting to the release and/or duplication of medical records, each Naples PHO Provider shall permit, during normal business hours, the inspection and/or copying of a Plan Member's medical records including emergency room records. The party copying such records shall reimburse the Naples PHO Provider its reasonable costs and charges incurred in providing copies of Plan Members' medical records. Nothing in this Agreement shall require a Naples PHO Provider to provide access to any Plan Member's medical records in violation of applicable state or federal laws or regulations. 2.4 Grievances. Any complaints received by Collier County Government or its claims administrator with respect to the provision of Plan Benefits by a Naples PHO Provider shall be forwarded to Naples PHO and shall be submitted for resolution in accordance with the Naples F. 'USER\P A T\ WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 PHO's then current patient grievance resolution procedures as the same may be in effect from time to time. 2.5 Force Majeure. Neither Naples PHO nor any Naples PHO Provider shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or work interruptions, earthquakes, floods, hurricane, failure of transportation or any similar or dissimilar cause beyond the reasonable control of such party. 2.6 Collateral Network Arran2ements. Collier County Government acknowledges that certain Plan Benefits under particular Benefit Programs which may be needed by some Plan Members may not be available through Naples PHO. Upon request of Collier County Government, Naples PHO, as agent for Collier County Government, shall arrange for one or more regional or statewide provider networks (the "Collateral Networks") to provide Plan Benefits to Plan Members if such services are needed outside of Naples PHO's service area capabilities. In the event Collier County Government desires to establish arrangements with Collateral Networks, Collier County Government shall sign and deliver to Naples PHO the appointment of agent form attached as Schedule 2.6. ARTICLE ill MANAGED CARE PROTOCOLS 3.1 Benefit Pro2ram Requirements. Collier County Government shall provide Naples PHO copies of the rules, and benefit plan design, and other conditions to be followed by Naples PHO Providers and Plan Members with respect to providing Plan Benefits under a particular Benefit Program. To the extent of any conflict between the terms of this Agreement and such policies the Plan Benefits shall govern if the Plan Benefits address the specific conflict and if not the terms of this Agreement shall govern provided, however that in no event shall this Agreement amend the Benefit Program. 3.2 Utilization Review. Naples PHO and each Naples PHO Provider shall reasonably comply with Collier County Government's written Utilization Management Program ("UM Program") as set forth in Schedule 3.2 to this Agreement. Any amendments to the UM Program shall be provided to Naples PHO no less than thirty (30) business days before the amendment's effective date. No amendment shall be adopted if such amendment is applicable solely to Naples PHO and/or Naples PHO Providers. With respect to documents or policies, whether oral or written and regardless if appended or otherwise attached to this Agreement, issued by Collier County Government with respect to the UM Program (the "Ancillary Documents"), to the extent of any conflict or ambiguity between this Agreement and the Ancillary Documents, the terms and conditions of this Agreement shall govern. Nothing in this Agreement shall limit, or be construed to limit, Naples PRO's right to conduct its own utilization review programs. F:\USER\P A T\ WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 3.3 Benefit Pro2ram Desi2n. Collier County Government may include incentives for Plan Members to utilize the services of Naples PRO Providers under the Benefit Programs included in this Agreement. ARTICLE IV PLAN ADMINISTRATION 4.1 Eli2ibilitv Requirements. Collier County Government shall define and determine all eligibility requirements for Plan Members. Collier County Government shall be solely responsible for all costs and expenses associated with its Benefit Programs. 4.2 Emplovee Retirement Income Security Act of 1974 ("ERISA"). For purposes of ERISA and any other applicable state or federal laws, neither Naples PRO nor any Naples PHO Provider shall be deemed the "Administrator" or "Named Fiduciary" of any Benefit Program. Collier County Government shall not seek to bar any Naples PHO Provider from payment for Plan Benefits rendered to Plan Members based on any claims and defenses arising under ERISA or other similar state and federal laws. 4.3 Identification System. Collier County Government shall implement and maintain an identification system established for the purpose of verifying the eligibility of Plan Members to receive Plan Benefits under the applicable Benefit Program and this Agreement. Such system shall include an identification card provided to each Plan Member that includes the following information: Collier County Government's logo, Collier County Government's name and phone number, phone number for eligibility verification, address for claims submission, phone number for inpatient pre-certification, if any, employer or group name, plan type and account number, and Naples PHO logo. 4.4 Notification of Pre-Certification A2ent and Claims Payment Administrator. Upon execution of this Agreement, Collier County Government shall provide Naples PHO with written notification of its designated pre-certification agent and third party administrator, if any, and shall thereafter provide Naples PHO with timely and reasonable advanced notice of any changes. 4.5 Dissemination of Information. Naples PRO shall provide to Collier County Government a sufficient number of directories providing Naples PHO Provider information. Collier County Government shall prepare and distribute to all Plan Members information booklets, brochures, and other information describing the benefits of utilizing the services and items offered by and through each Naples PHO Provider. 4.6 Sharin2 of Data. Collier County Government shall provide or cause to be provided to Naples PRO those reports and other information listed on Schedule 4.6 to permit Naples PHO to assess the efficiency, effectiveness, and quality of services provided pursuant to this Agreement. F.\USER\PAT\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 4.7 Network Fee. Collier County Government shall pay Naples PHO the fees listed on Schedule 4.7 as compensation for Naples PHO providing Collier County Government access to and use of the Physician-Hospital Organization. ARTICLE V REIMBURSEMENT 5.1 Compensation Rates. Each Naples PRO Provider shall be compensated for Plan Benefits rendered to Plan Members pursuant to this Agreement in accordance with Schedule 5. 1. 5.2 Claims Processin2 Procedures. Naples PHO shall require each Naples PHO Provider to provide Collier County Government or Collier County Government's designated representative with billing invoices and appropriate documentation of the services provided by such Naples PHO Provider. Collier County Government shall pay all Clean Claims (described below) within thirty (30) days of receipt of each claim. For purposes of the Agreement, claims shall be deemed received by Collier County Government three (3) days after the date of mailing by a Naples PHO Provider to Collier County Government or the designated agent and shall be deemed paid by Collier County Government only upon actual receipt of funds by the Naples PHO Provider. If additional information is required to pay a claim, Collier County Government or its agent shall request the information in writing within thirty (30) days of receipt of the claim. In the event additional information is not requested in a timely manner a claim as submitted shall be deemed a Clean Claim. In the event Collier County Government elects to audit a claim which is submitted for payment, Collier County Government shall provide written notice of such audit to the Naples PHO Provider and the Naples PHO Provider shall be afforded the opportunity to participate in the audit process. All audits shall be completed within thirty (30) days. 5.3 Physician Fees Excluded. Unless otherwise expressly provided for to the contrary in Schedule 5.1. compensation and charges submitted by a Naples PHO Hospital are exclusive of any fees incurred by or on behalf of a Plan Member for Plan Benefits rendered by a Naples PRO Physician or other Naples PHO Provider listed in Schedule 1.8. With respect to a Naples PHO Hospital all charges and related reimbursement are exclusive of any fees incurred by or on behalf of a Member for services rendered by anesthesiologists, radiologists, emergency room physicians, pathologists, or any other hospital-based physician. 5.4 Late Filed Claims. Naples PHO Provider claims shall be filed within ninety (90) days of the date of Plan Member's discharge or the date services were rendered; provided, however, no Naples PHO Provider shall be denied payment based upon a failure to submit a claim within a designated period, if any, under the Benefit Program if the failure is due to the Naples PRO Provider being unable to properly identify the patient as a Plan Member. 5.5 Non-Liability for Payment. Naples PHO shall not be liable for the payment of any claims relating to Plan Benefits or any other services rendered by any Naples PHO Provider. Naples PRO is neither implicitly nor explicitly the insurer, reinsurer, guarantor, indemnifier or underwriter of any Benefit Program or Collier County Government's obligations to Plan Members. F. IUSER \P A T\WPFILESICONTRACT'NON-BRDG.AGR MAR 2 3 1999 5.6 Retroactive Denials. Collier County Government shall not reduce any payment due, or assert a claim to any payment to any Naples PHO Provider for services rendered pursuant to this Agreement if Collier County Government or its agent provided preauthorization approval for such services and the service meets medically necessity criteria and is covered by the benefit plan. Collier County Government shall not arbitrarily or capriciously deny payment for services rendered by a Naples PHO Provider in accordance with the terms of this Agreement. Collier County Government shall provide notification and an explanation in writing to the affected Naples PHO Provider of any permitted denial of payment. In the absence of the required notification and explanation, the Naples PRO Provider shall be entitled to seek payment directly from the Plan Member or other responsible person for the service rendered notwithstanding any other provision in this Agreement to the contrary. 5.7 Waiver of Copavments and Deductibles Prohibited. In the event a provider other than a Naples PHO Provider or such other health care providers that are directly or indirectly under contract to Collier County Government to render Plan Benefits to Plan Members ("Non-Plan Providerl1) renders services to a Plan Member and the Non-Plan Provider waives all or any portion of the applicable Copayment or Deductible, Collier County Government shall calculate the benefits payable under the Benefit Program on the basis of the Non-Plan Provider's billed charges less the amount of the waived Deductible and/or Copayment Utg. if the Non-Plan Provider's charge before the waiver is $100 and the waived amount is 20% then benefits would be paid on $80 and not $100 such that if benefits for Non-Plan Providers is 70/30 coverage, the amount Collier County Government would pay to the Non-Plan Provider is ($80)(.70)=$56]. 5.8 Assi2nment of BenefitslBalance BilIin2 Prohibited. Except for the collection of Copayments and Deductibles and provided timely payment is made by Collier County Government pursuant to and in accordance with the terms of this Agreement, Naples PRO Providers shall not bill or attempt to collect from any Plan Member reimbursement for Plan Benefits rendered pursuant to this Agreement nor bill or attempt to collect the difference between the amount of reimbursement payable under this Agreement and the standard charges for the services rendered. This Section 5.8 shall not apply in the event Collier County Government fails to make timely payment, or arbitrarily or capriciously denies payment, for services rendered. 5.9 Non-Plan Benefits. Nothing in this Agreement shall prohibit or limit the right of a Naples PRO Provider to seek payment directly from a plan member or other responsible person for any services which are not Plan Benefits. 5.10 Member Payment Liabilitv. To the extent permitted by law, Naples PHO Providers shall not be precluded from billing Plan Members directly for services rendered in the event Collier County Government does not make payment to the Naples PHO Provider within thirty (30) days of submission of a Clean Claim, or immediately in the event of Collier County Government's insolvency, bankruptcy, liquidation, or placement by governmental authorities under receivership or supervision. F:\USER\PAT\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 5.11 Third Party Beneficiarv Status. Each Naples PHO Provider is intended to be a beneficiary of the provisions set forth in this Article V and shall have the right and standing to seek enforcement of the rights and benefits afforded each Naples PHO Provider under this Article V. 5.12 Coordination of Benefits. In any case where a Plan Member has coverage from a third party payor (excluding Medicare and all other federal programs, as applicable) other than Collier County Government which is primary to the coverage provided by Payor and the third party payer is billed by and makes payment to a Naples PRO Provider for Plan Benefits rendered to the Plan Member, Collier County Government shall pay the Naples PHO Provider the difference between the amount paid by the primary payor less any applicable deductible set forth in the Plan Benefits and the compensation rates contained in Schedule 5.1. However, in the event Medicare is the primary payor, Collier County Government shall pay to the Naples PHO Provider the amount of any Deductible, Copayments, and Plan Benefits which are not benefits under Title XVlll of the Social Security Act, as amended, to the extent permitted by law. ARTICLE VI TERM AND TERMINATION. 6.1 Term. The initial term of the Agreement shall be from January 1. 1998 through December 31. 2000 and shall automatically renew for successive one (L) year terms unless either party gives the other notice of it intention not to renew at least sixty l2.9-) days prior to the annual anniversary of the Effective Date. 6.2 Automatic Termination. This Agreement shall automatically terminate as of the effective date of termination of Collier County Government's Benefit Programs if no other successor or substitute self-insured plan is adopted by Collier County Government. Collier County Government shall provide Naples PHO written notice no less than thirty (30) days prior to the effective date of termination of each Benefit Program covered under this Agreement. 6.3 Termination With Cause. If either party materially breaches this Agreement (the "Breaching Partyll) the other party (the "Non-Breaching Party") shall have the right to give the Breaching Party written notice of the alleged breach and the Breaching Party shall have thirty (30) days following receipt of such notice to cure the breach to the reasonable satisfaction of the Non-Breaching Party. If the breach is not cured to the reasonable satisfaction of the Non-Breaching Party within the thirty (30) day period the Non-Breaching Party shall have the right to immediately terminate this Agreement. 6.4 Termination Without Cause. Either party may terminate this agreement by providing 90 days written notice to the other of their intent to terminate this agreement. 6.5 Obli2ations After Termination; Continuation of Care. Termination of the Agreement shall not affect the rights, obligations and liabilities of the parties arising out of transactions occurring prior to termination. Termination of this Agreement shall be F:\USER \P A T\ \VPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 without the consent of or notice to any Plan Member or any other third party. Upon the termination of this Agreement for any reason or cause, Naples PHO Providers shall cooperate with Collier County Government by taking reasonable and medically appropriate measures to assure the assumption of medical care and services to Plan Members then under the care or treatment of Naples PHO Providers. Each Naples PHO Provider shall be compensated for such care in accordance with Schedule 5.1. Naples PHO Providers shall furnish any information and take any action including, without limitation, continuing to provide care, for up to thirty (30) days, as Collier County Government may reasonably request in order to effectuate an orderly and systematic termination of Naples PHO Providers' duties and activities under this Agreement and the transfer of patient care obligations. The obligations under this section shall survive the termination or expiration of this Agreement. ARTICLE vn GENERAL PROVISIONS 7.1 Relationship of Parties. Collier County Government and Naples PHO acknowledge that Naples PHO is an independent contractor. Naples PHO shall not have any responsibility or liability for any act, omission or decision related to medical care, treatment, and services rendered by Naples PHO Providers to Plan Members. 7.2 Recitals. Each of the recitals set forth above are true and correct and are incorporated into and made part of this Agreement by reference. 7.3 Limitation of Assi2nment. This Agreement shall not be assigned by either party without the prior express written consent of the. other party. 7.4 Bindin2 on Successors in Interest. To the extent permitted by this Agreement, the provisions of, and obligations arising under, this Agreement shall extend to, be binding upon, and inure to the benefit of the successors and assigns of Naples PRO and Collier County Government. 7.5 Severability: Chan2es in Law. If any part of this Agreement is determined to be invalid, illegal, inoperative or contrary to law or professional ethics, the part shall be reformed, if possible, to conform to law and ethics; the remaining parts of this Agreement shall be fully effective and operative to the extent reasonably possible. If any restriction contained in this Agreement is held by any court to be unenforceable and unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions shall be enforced independently of each other. 7.6 Conformance With Law. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance of all applicable federal, Florida and local laws, rules and regulations. 7.7 Time of the Essence. Time shall be of the essence with respect to each and every term, covenant, and condition of this Agreement. F:\USER\PA T\ WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 7.8 Attornev Fees. In the event of any action, dispute, litigation or other proceeding relating to or in connection with this Agreement, each party shall be responsible for their own fees, costs, and expenses of counsel incurred in connection with that action, dispute, litigation or other proceeding. 7.9 Entire A2reement/ Amendments. This Agreement supersedes all previous contracts and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Oral statements or prior written materials not specifically incorporated in this Agreement shall not be of any force and effect, Schedule 7.8. In entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. Except as otherwise expressly provided in this Agreement to the contrary, no changes in or additions to this Agreement shall be recognized unle.ss and until made in writing and signed by an authorized officer or agent of Naples PHO and Collier County Government. 7.10 Governin2 Law. This Agreement has been executed and delivered and shall be construed and enforced in accordance with the laws of the State of Florida excluding and without application of any choice of law principles except to the extent preempted by federal law. Any action brought by the parties whether at law or in equity shall be commenced and maintained and venue shall properly be in Collier County, Florida. The parties knowingly, intentionally and irrevocably waive any claim that any suit, action or proceeding brought in Collier County, Florida has been brought in an inconvenient forum. 7.11 Waiver of Breach. No provision of this Agreement shall be deemed waived unless evidenced by a written document signed by an authorized officer or agent of Naples PHO and Collier County Government. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement unless specifically provided for in the written instrument consenting to the waiver. 7.12 Para2raph and Other Headios!:s. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 7.13 Gender and Number. When the context of this Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural. 7.14 Execution. This Agreement and any amendments may be executed in multiple originals, each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. F .\USER\P A T\WPFlLES\CONTRACT\NON-BRDG.AGR MAR 2 3 1999 7.15 Additional Assurances. The provisions of this Agreement are self-operative and do not require further agreement by the parties; provided, however, at the request of either party, the other shall execute, except as otherwise provided in this Agreement, any additional instruments and take any additional acts as may be reasonably necessary to effectuate this Agreement. 7.16 Authority. Each signatory to this Agreement represents and warrants that he possesses all necessary capacity and authority to act for, sign, and bind the respective entity on whose behalf he is signing. 7.17 Notice. Any notice given pursuant or relating to this Agreement shall be given by United States mail, postage prepaid, certified or registered mail, return receipt requested, hand delivery, or overnight delivery, and delivered to the addressee at the following address unless otherwise changed in accordance with the provisions of this Section: If to Naples PHO: 408 Goodlette Rd. S Naples, Florida 34102 If to Collier County Government: Risk Management Department 3301 E. Tamiami Trail Naples, FL 34112 7.18 Cumulative Remedies. Remedies provided for in this Agreement shall be in addition to and not in lieu of any other remedies available to either party and shall not be deemed waivers or substitutions for any action or remedy the parties may have under law or in equity. 7.19 Marketin2 and Promotion. Collier County Government and Naples PHO each reserve the right to and control of its name, symbols, trademarks, logos and service marks presently existing or established in the future. Collier County Government may list each Naples PHO Provider's name, address and telephone number and a description of its services in Collier County Government's roster of participating providers. Collier County Government agrees that Naples PHO may use its name in any publication listing the names of managed care programs and health benefit plans with which Naples PHO contracts. Except as provided in this Section, the use of any written promotional documents, publicity, media advertising, or any other materials for public disclosure carrying the name, trademark, service mark, or a pictorial likeness of either party shall require the prior written consent of the other party. 7.21 Coordination of Defense of Claims. Collier County Government and Naples PRO shall promptly notifY the other of any claims or demands asserted by third parties which are to arise under or are related to this Agreement. The parties shall make all reasonable efforts, consistent with advice of counsel and the requirements of the respective insurance policies and carriers, to coordinate and assist in the defense of all claims in which the other party is either a named defendant or has a substantial possibility of being named. This Section shall survive termination or expiration of this Agreement. F:\USER\PA T\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 7.23 Compliance with Laws and Re2ulation. Notwithstanding Section 7.5, in the event any applicable federal, state, or local law or any regulation, order or policy issued under such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect on the practical realization of the benefits anticipated by one or both parties to this Agreement, the adversely affected party shall notify the other party in writing of such change and the effect of the change. The parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement is not reached within 30 days of such written notice; the Agreement may be terminated by either party. (Signature Page Follows) o F.\USER\PA T,\VPFlLES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 n IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this~3rn day Or-r-Yl..9t~-- ,1998. . ATTEST- - ,,'. .. " r t ., .., .. " _Q;~,g~.~'. -.. .~c;k - CI,er~ _of,~ourts .,.-...._"'~. ...-~....-......., . ... r: By:,::.,:::.~- _ ~. '.'-'--'-'~--.-' ,-~... - ,- . '.~ ---.... . '. ~ ';p~i~{:~~.~i~~p,i:-9 q-.', , r .- -. .. <:8 ~n' . ./(. Attes.f:~~i:.t::ehidr!!an'.s .: .' ~ , :: s1 gpat une\~n 1;. . - ,... , , -'. ':.' 111tt': \~,_ ':' _" .:"~_ '.. BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA /." By: ;J LA NAPLES PRO d/b/a COMMUNITY HEAL TH~:rNERS ? .f I .. ( By: .iVLJ2~ Allen- jWeiss, MD, Co-Chair .;2/--...... " -; !d 6?Vrdl../ First Witness .....--~,. -. By: Type/Print Witness Name _P~L O. f~ Second Witness ~h1- Laurie Andrea, Co-Chair Type/Print Witness Name CORPORATE SEAL (Corporations Only) RAMi ('0 Approved as to form and legal sufficiency: a--.. ~~L'~ R8lRier Manalich Chief Assistant County Attorney F:\USER\PA T\WPFILES\CONTRACnNON-BRDG.AGR 13 SCHEDULE 1.2 DESCRIPTION OF BENEFIT PROGRAMS To be attached by Collier County Government. o F.\USER\PA T\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 SCHEDULE 1.8 NAPLES PRO PROVIDERS Hospitals: Naples Community Hospital North Collier Hospital Institutional and Ancillary Providers: Physicians: A. Fueredi Radiology Bonita Healthcare Center Bonita Outpatient Rehabilitation Center Bonita Springs Sports & Physical Therapy Center, Inc. Community Blood Center Community Home Services Diagnostic Services, Inc. Dial A Nurse East Naples Urgent Care Medical Center Endoscopy Center of Naples Gaskins Eye Care and Surgery Center Golden Gate Urgent Care Center Healthsouth Collier Outpatient Surgery Center Immokalee Outpatient Rehabilitation Center International Spine Institute Marco Healthcare Center Marco Outpatient Rehabilitation Center Marion E. Fether Medical Center Mecial Sports Rehabilitation Center, Inc. Montgomery Eye Center Naples Cardio-Pulmonary Rehabilitation Center Naples Center for Hand Rehabilitation Naples Day Surgery- North/South Naples Diagnostic Imaging Center Naples MRI Center Naples Outpatient Rehabilitation Center Naples Physical Therapy, Inc. NCH Behavioral Health Center Newgate Surgery Center North Collier Quality Quick Care Nuclear Medicine of Naples Nutrition Health Center Physical Therapy Associates of Lee County, Inc. Quality Quick Care Swnmer House Rehabilitation Suncoast Rehabilitation Center Tom Melko Physical Therapy Total Back CarelTotal Surgery Center Triumph Physical Therapy, Inc. Water Works Aquatic Physical Therapy, Inc. Wellness Center See Directory attached. Providers subject to change without amendment to this Agreement. F:\USER\PA T\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 MAR 2 3 1999 SCHEDULE 2.6 APPOINTMENT OF NAPLES PHO AS AGENT FOR COLLIER COUNTY GOVERNMENT TO CONTRACT WITH COLLATERAL NETWORKS(Florida Health, L.C.) In accordance with the terms and conditions of this Agreement entered into between Collier County Government and Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners ("Naples PHO"), Collier County Government hereby appoints Naples PHO as Collier County Government's duly appointed agent with the power and authority to enter into and execute Collateral Network Payor Agreements on behalf of and to bind Collier County Government as Collier County Government's interests appear in the Collateral Network Payor Agreement. . Naples PHO shall not be liable to Collier County Government for any damage or loss of any kind or nature in the event of termination of any Collateral Network Payor Agreement or the failure or inability of Naples PHO, for any reason or cause to enter into as agent for Collier County Government, a Collateral Network Payor Agreement. Naples PHO shall maintain Collateral Network Payor Agreements covering the following area: Florida Health, L.C., State wide network. F:\USERIP A T\ WPFILES\CONTRACT\NON-BRDG.AGR 16 SCHEDULE 3.2 UTILIZATION REVIEW PROGRAM To be provided by Collier County Govenment. o F.\USER\PAT\WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 MAR 2 3 1999 SCHEDULE 4.6 NAPLES PHO PROVIDER QUALITY DATA PREPARED BY COLLffiR COUNTY GOVERNMENT Report 1. Provider Utilization Savings Reports For Report 1: While the exact format outlined below is not required, the elements listed are required. Collier County Government shall produce monthly, separate Provider Utilization Savings Reports for: a. Preferred Provider in Collier and Lee Counties, b. Non preferred providers in Collier and Lee Counties, c. An annual compilation of (a) and (b). a. Provider Tax Street City State Zip 9 digit Claim # Relationship Name ID# Address to Insured b. Type of Date of Normal Negotiated Allowable Savings Service Service Cha~es These reports should be sent on 3 1/2" diskette (1.44 Mg; DS/HD; ffiM format); in a DIF or dBase format. Please include the field layout legend and indicate if files have been "zipped". o F:\USER\P A T\ WPFILES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 SCHEDULE 4.7 NETWORK ACCESS FEES Collier County Government shall pay Community Health Partners monthly, a fee equal to the amount of $2.25 per employee per month. The fee shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to Community Health Partners at 350 Seventh Street North, Naples, Florida 33941-3029. Fee to include: a) Community Health Partners Provider Network! Services b) Florida Health, L.C. d/b/a SunHealth Care Plans of Florida c) workCare Provider Network! Services o F:\USER\PAT\WPFlLES\CONTRACTlNON-BRDG.AGR MAR 2 3 1999 SCHEDULE 5.1 COMPENSATION RATES Community Health Partners Fee Schedule was provided by disk to the Third Part Administrator of Collier County Government. Each party has retained a hard copy in file and acknowledgment has been received through a Confidentiality Statement by and between Florida 1st Health Plans, Inc. on behalf of Collier County Government and Naples PHO. F:\USER\PA T\WPFILES\CONTRACT\NON-BRDG.AGR MAR 2 3 1999 INTRODUCTION ELIGIBILITY AND PARTICIPATION ..............................................1 Who Is Eligible ..................................................................................1 Who Pays For Your Benefits ...........................................................2 En ro II men t Req ui re m en ts ........................ ................ ........................2 L~tte EnJr()lllIlellts ..............................................................................~ W h e D C overage Begins............................... ................................... ...3 Pre- E xistiog C ond i ti 0 os ....................... ........... ............. .................. ..3 WI1~11 C()"eJrJl~4e Elld!l .......................................................................~ Special Situations, Extension Of Coverage ......~.............................4 Reinsta te men t Of Cove rage ................................... ................. .........5 IlEAL TH CARE MANAGEMENT PROGRAM ................................6 What Is Health Care Management .................................................6 Required Admission Review............................................................6 Reduced Benefits For Failure To Follow Required Review PJr()~telll1..~s.........................................................................................ti Special Care Case Management ...................................................... 7 PREFERRED PROVIDER ORGANIZATION (PPO) .......................9 WI1Jlt JUs A PPO..................................................................................!J Who Is Your PPO .............................................................................9 AlJeJllt Y()IIJr PPO...............................................................................!J MED I CAL BENEFITS .........................................................................10 About Your Medical Benefits ........................................................10 D4etlllc=tilJl~s ......................................................................................11 c::(}-J>>~Jfllltell~ ...................................................................................11 Out-Of-Pocket Maxi mums........................ .....................................11 Ben e fi t Maxi mums. ...... .................................. ......... ..... ....... .......... ..12 c:: overed Medical Expenses ............................................................13 Medical Expenses Not Covered .....................................................20 PRESCR.IPTI 0 N D RUG PLAN ..........................................................24 About Your Prescription Drug Benefit.........................................24 Prescription Drug Co-Payments ...................................................24 MAIL SERVICE PRESC::R.IPTION DRUG PROGRAM .................25 COO RD IN' A TI ON OF BENEFITS .....................................................2 7 MAR 2 3 1999 Gen eral Provisio ns ..............................................................~...........2 7 Govern m en t Programs ............... ....................................................2 7 A u to mobile Ins u ran ce ...................... ..............................................2 7 Other G ro u p Plans .........................................................................2 7 Children Of Divorced Or Separated Parents...............................28 Right To Make Payments To Other Organizations ....................28 OTHER IMPORTANT PLAN PROVISIONS ...................................30 Assign men t 0 f Benefi ts ........................................................... .......30 Special Election For Employees And Spouses Age 65 And Over30 Reimbursement To .The Plan ...........................................~.............30 Sub roga tio D .....................................................................................31 Recovery Of Excess Payments .......................................................32 Right To Receive And Release Necessary Information...............32 AI ternate Payee P rovisio n ..............................................................32 F~~G A CLA][l\1[................................................................................~'i How To Appeal A Denial Of Benefits ...........................................35 OPTIONAL CONTINUATION OF COVERAGE ............................37 Continuation Of Coverage Under Federal Law..........................37 No ti fica tio n Req uire men t...............................................................3 8 Maximum Period Of Continuation Coverage..............................38 Cost Of Continuation Coverage ....................................................39 When Continuation Coverage Ends..............................................39 DEF~][ON~ ......................................................................................'11 GE~~L ~O~T][ON ..............................................................~~ SCHEDULE OF MEDICAL BENEFITS MAR 2 3 1999 Annual Deductibles: High Option: $ 200 Individual $ 600 Family $ 300 Individual $ 900 Family $ 500 Individual $1,500 Family Annual Out-Of-Pocket Maximums: (Excludes Deductible) High Option: $1,000 Individual $2,000 Family Medium Option: $1,500 Individual 53,000 Family Low Option: 52,000 Individual 54,000 Family Medium Option: Low Option: Lifetime Benefit Maximum: (Includes All Other Maximums) $1,000,000 Individual The following schedule summarizes co-payment amounts paid by the plan, benefit maximums and additi explanation needed for your benefits. The plan's co-payment Cor hospital expenses will be reduced to 50% if do not Collow the procedures outlined in the Health Care Management section of this plan. Please reCer to the for additional plan provisions which may affect your benefits. Benefit Description Annual PPO Plan Non-PPO Additional Limitations And Deductible Pays Plan Pays Explanations Home Health Care YES 100% 100% Limited to 100 visits per year. Routine Physicals NO 100% 100% $250 individual annual maximum. For participants age 17 and over. Benefits include gynecological exa and mammograms, limited to 1 baseline mammogram for covered Cemales age 35-39, 1 mammogram every 2 years for covered females: 40-49 and 1 mammogram per yeal for covered females age 50 and OVI Inpatient Hospital Sen'ices YES 80% 80% The plan's co-payment for hospita expenses will be reduced to 50% it you do not follow the procedures required by the health care management program. This penal does not apply to the out-of-pockel maximum. Inpatient Surgery YES 80% 80% The plan's co-payment Cor hospita expenses will be reduced to 50% if you do not Collow the procedures required by the health care management program. This penal does not apply to the out-oC-pockel maximum. Emergency Room Sen'ices YES 80% 80% You must pay the first $100 per vi: for non-emergency sen'ices. This I pay will be waived if you are admi to the hospital. Benefit Description Annual PPO Plan Non-PPO Additional Limitations And Deductible Pays Plan Pays Explanations AAR 2 3 1999 Skilled Nursing Facility YES 80% 80% Limited to 90 days per year. Home Hospice YES 80% 80% $5,000 individual lifetime maximum. Oral SurgeryfTreatment Of YES 80% 80% $1,500 individual lifetime maximum. TMJ Benefits include surgical and non- surgical treatment ofTMJ. Your co- payment does not apply to the out-of- pocket maximum. Human Organ And Tissue YES 80% 80% $10,000 Individual donor expense Transplants maximum per transplant. $10,000 Individual travel, lodging and meals maximum per transplant. $200 Individual per day lodging and meals maximum per day. Chiropractic Services YES 80% 80% $1,000 individual annual maximum. $30 individual per visit maximum. Your co-payment does not apply to the out-of-pocket maximum. Acupuncture Services YES 80% 80% $1,000 individual annual maximum. Your co-payment does not apply to the out-of-pocket maximum. Well-Child Checkups NO 80% 80% For covered dependents up to age 16. Benefits include vaccinations, Inoculations and Immunizations. Inpatient MentallNervous YES 80% 80% $25,000 Inpatient/outpatient And Substance Abuse IndlvldualllCetlme maximum. Treatment $10,000 Inpatient/outpatient Individual annual maximum. Benefits Include treatment of or related to eating disorders. The plan's co- payment for hospital expenses will be reduced to 50% if you do not follow the procedures required by the health care management program. This penalty and your co-payment do not apply to the out-DC-pocket maximum. Benefit Description Annual Deductible PPO PlaD Pays Non-PPO PlaD Pays MAR 2 3 1999 Outpatient MentaUNervous And Substance Abuse Treatment YES 80% 80% Additioaal Limitations ADd . ExplaDations. Prescription Drugs Mailorder Prescription Drugs All Other Covered Medical Expenses YES 80% 80% $25,000 iDpatient/outpatient iDdividuallifetime maximum. $10,000 inpatieDt/outpatient individual aDnual maximum. Benefits include treatment of or related to eating disorders. Your co-payment do not apply to the out-of-pocket maximum. Benefits are provided by Consul Tee You must pay the first $5 for each generic prescription or refill and the first $10 for each brand-Dame prescription or refill. Benefits are provided by Consul Tee You must pay the first $5 for each generic prescription or refill aDd tbe first $10 for each brand-Dame prescription or refill. BeDefits are provided for expeDses listed iD the Covered Medical Expenses section of this plaD. Health Care Management toll-free Dumber: SOO 226"3155 NOTE: The word lifetime refers to tbe period of time you or your eligible dependents participate in this plaD or any other plaD spoDsored by Collier COUDty Board of County Commissioners. ~ MAR 2 3 1999 Collier County Government has prepared this document to help you understand your benefits. Please read it carefully. Your benefits are affected by certain limitations and conditions which require you to be a wise consumer of health services and to use only those services you need. Also, benefits are not provided for certain kinds of treatments or services, even if your health care provider recommends them. This document is written in simple, easy-to-understand language. Technical terms are printed in italics and defined in the Definitions section. As used in this document, the word year refers to the benefit year which is the 12-month period beginning January 1 and ending December 31. All annual benefit maximums and deductibles accumulate during the benefit year. The word lifetime as used in this document refers to the period of time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. Any amount you or your eligible dependents have accumulated toward the benefit maximum amounts of any previous Collier County Government plan will be counted toward the benefit maximum amounts of this plan. In addition, any time accumulated toward satisfaction of a waiting period or pre-existing condition limitation under the previous plan will be counted toward satisfaction of the waiting period or pre- existing condition limitation of this plan. Benefits described in this document are effective January 1, 1997. MAR 2 3 1999 ELIGIBILITY AND PARTICIPATION Who Is Eligible You are eligible to participate in this plan if you are a regular, full time employee of Collier County Government for at least 60 consecutive days and are regularly scheduled to work a minimum of 30 hours per week. You are also eligible to participate in this plan if you are a qualifying retiree of Collier County Government. Qualifying retirees must meet the requirements of Florida Statute 112.0801. Eligibility for Medicaid or the receipt of Medicaid benefits will not be taken into account in determining eligibility. Your eligible dependents may also participate. Eligible dependents include: your lawful spouse as defined by applicable state law; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you or placed in your home for adoption; dependent grandchildren from birth up to 18 months of age if the mother or father of the newborn is an eligible dependent; children for whom you are legal guardian; and foster children. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. You may not participate in this plan as an employee and as a dependent, and your dependents may not participate in this plan as a dependent of more than one employee. If your employer determines that your separated or divorced spouse or any state child support or Medicaid agency has obtained a legal qualified medical child support order (QMCSO), and your current plan offers dependent coverage, you will be required to provide coverage for any child(ren) named in the QMCSO. If a QMCSO requires that you provide health coverage for your child(ren) and you do not enroll the child(ren), your employer must enroll the child(ren) upon application from your separated/divorced spouse, the state child support agency or Medicaid agency and withhold from your pay your share of the cost of such coverage. You may not drop coverage for the child(ren) unless you submit written evidence to your employer that the child support order is no longer in effect. The plan may make benefit payments for the child(ren) covered by a QMCSO directly to the custodial parent or legal guardian of such child(ren). MAR 2 3 1999 Who Pays for Your Benefits If you are an active employee, Collier County Government shares the cost of providing benefits for you and your dependents. If you are a retiree or are covered under COBRA, you are responsible for paying the entire cost of providing benefits for yourself and your dependents. Enrollment Requirements You must enroll within 30 days of your eligibility date. If you also desire dependent coverage, you must enroll your eligible dependents at this time. If you do not have any eligible dependents at the time of initial enrollment, but acquire eligible dependents at a later date, you must enroll the dependent( s) within 31 days of the date you acquire them. You may be required to obtain and provide your employer with a Social Security number for each covered dependent. Your newborn child is automatically covered at birth for 31 days. For coverage to continue beyond 31 days, you must notify your employer of the birth and p ay any required contribution. If notification and contribution are not made, coverage will terminate at the end of 31 days following your child's birth. Your claim for maternity expenses is not considered as notification to your employer for coverage to continue beyond 31 days. If you have a qualifying change in your family status, you may change your enrollment decision within 31 days of the change in family status. A qualifying change in family status includes marriage, divorce, death of spouse or child, birth or adoption of a child, termination of spouse's employment, commencement of spouse's employment, a change from part -time to full-time or full-time to part- time status for you or your spouse, an unpaid leave of absence taken by you or your spouse or a significant change in health coverage for you or your spouse due to your spouse's employment. Late Enrollments If you or your dependents are not enrolled within 30 days of the date you become eligible, you will be required, at your own expense, to provide satisfactory evidence of good health for yourself and each eligible dependent --:: r.-- MAR 2 3 1999 before being allowed to participate in this plan. For late enrollment, coverage begins on the first day of the month following the date the requirements are satisfied. When Coverage Begins If you are a full-time employee, when the enrollment requirements are met, your coverage begins on the first day of the month following 60 consecutive days of active employment. However, your coverage does not begin unless you are actively at work. If you are a qualifying retiree, when the enrollment requirements are met, your coverage begins on the first day of the month following your retirement. Coverage for your dependents begins the latest of when your coverage begins, the first day of the month following the date your dependent, other than a newborn, is released from the hospital or the first day a dependent is legally acquired, if properly enrolled. Pre-Existing Conditions A pre-existing condition is any illness or injury for which diagnosis, consultation or treatment (including prescribed drugs or medicines) has been received during the 12 months before the effective date of coverage. If you or your dependents have a pre-existing condition, benefits for related expenses will not be considered if they are incurred before 6 consecutive months from your effective date of coverage during which no treatment for the pre- existing condition is received or 12 consecutive months of participation in this plan. ' If, while you are eligible for coverage Wlder this plan, you or your dependent, adopted child or a child is placed with you or your dependent for adoptio~ and the child is otherwise eligible for coverage Wlder this plan, the child may be enrolled as a dependent without regard to any pre-existing condition. Any time accumulated toward satisfaction of the pre-existing condition limitation Wlder the previous Collier COWlty Government plan will be cOWlted towards the satisfaction of the pre-existing condition limitation of this plan. '-" MAR 2 3 1999 When Coverage Ends If you are an active employee, your coverage ends the earliest of the end of the month in which your employment with Collier County Government ends, the date contributions cease or the end of the month in which you are no longer eligible to participate in this plan. If you are a retiree, your coverage ends the date contributions cease. Coverage for your dependents ends the earliest of the date your coverage ends, the end of the month in which a dependent no longer meets the eligibility requirements or the date contributions cease. Special Situations, Extension of Coverage If a dependent child is physically or mentally handicapped on the date coverage would otherwise end, the child's eligibility will be extended for as long as you are covered by this plan, the handicap continues and the child continues to qualify for coverage in all aspects other than age. The plan may require you at any time to obtain a physician's statement certifying the physical or mental handicap. Coverage continued under the following provision is in addition to coverage continued under Optional Continuation of Coverage (COBRA): If you qualify for an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), eligibility may continue for the duration of the leave if you pay any required contributions toward the cost of the coverage. Your employer has the responsibility to provide you with prior written notice of the terms and conditions under which payment must be made. Failure to make payment within 30 days of the due date established by your employer will result in the termination of coverage. Subject to cert$ exceptions, if you fail to return to work after the leave of absence, your employer has the right to recover from you any contributions toward the cost of coverage made on your behalf during the leave as outlined in the FMLA. Coverage continued under the following provision runs concurrently with coverage continued under Optional Continuation of Coverage (COBRA): /""-- / MAR 2 3 1999 If you were covered under this plan immediately prior to being called to active duty by any of the armed forces of the United States of America, coverage may continue for up to 18 months or the period of uniformed service leave, whichever is shortest, if you pay any required contributions towards the cost of the coverage during the leave. If the leave is less than 30 days, the contribution rate will be the same as for active employees. If the leave is longer than 30 days, the required contribution will not exceed 102% of the cost of coverage. Reinstatement Of Coverage If coverage is terminated for failure to make payments while you are on an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), coverage of you and your eligible dependents will be automatically reinstated, without providing evidence of good health, on the date you return to active employment if you and your dependents are otherwise eligible under the plan. The pre-existing condition limitation and any waiting periods will not apply. However, all accmnulated annual and lifetime maximums will apply. Whether or not you elect continuation coverage under the Uniformed Services Employment and Reemployment Rights Act, coverage will be reinstated, without providing evidence of good health, on the first day you return to active employment with Collier County Government if you are released under honorable conditions and you return to employment: on the first full business day following completion of your military service for a leave of 30 days or less; within 14 days of completing your military service for a leave of 31 to 180 days; or within 90 days of completing your military service for a leave of more than 180 days (a reasonable amount of travel time or recovery time for an illness or injury determined by the VA to be service connected will be allowed). When coverage under this plan is reinstated, all provisions and limitations of this plan will apply to the extent that they would have applied if you had not taken military leave and your coverage had been continuous under this plan. The eligibility waiting period will be waived and the pre-existing condition limitation will be credited as if you had been continuously covered under this plan from your original effective date. (This waiver of limitations does not provide coverage for any illness or injury caused or aggravated by your military service, as determined by the VA. For complete information regarding your rights under the Uniformed Services Employment and Reemployment Rights Act, contact your employer.) ,j- '"---/ MAR 2 3 1999 HEALTH CARE MANAGEMENT PROGRAM What is Health Care Management Collier County Government desires to provide you and your family with a health care benefit plan that financially protects you from significant health care expenses and assures you of quality care. While part of increasing health care costs results from new technology and important medical advances, another significant cause is the way health care services are used. Some studies indicate that a high percentage of the cost of health care services maybe unnecessary. For example, hospital stays can be longer than necessary. Some hospitalizations may be entirely avoidable, such as, when surgery could be performed at an outpatient facility with equal quality and safety. Also, surgery is sometimes performed when other treatment could be more effective. All of these instances increase costs for you and Collier County Government. Collier County Government has contracted with a professional health care management company to assist you in detennining whether or not proposed services are appropriate for reimbursement under the plan. The program is not intended to diagnose or treat medical conditions, guarantee benefits or validate eligibility. The medical professionals who conduct the program focus their review on the appropriateness of hospital stays and proposed surgical procedures. Required Admission Review You are required to call the health care management program's toll-free nwnber (800) 782-4957 before any elective admission to a hospital. You must also call within 48 hours (2 working days) of any emergency admission. When you call, it will be necessary to provide the program with your name, the patient's name, the name of the physician and hospital, the reason for the hospitalization and any other information needed to complete the review. ~ ,2::' MAR 2 3 1999 . Reduced Benefits For Failure to Follow Required Review Procedures When the required review procedures are followed, your benefits will be unaffected, and you and the plan avoid expenses related to unnecessary health care. However, if you do not follow the health care management procedures outlined above, the plan's co-payment will be reduced to 50% for all related covered hospital expenses, after any applicable deductible. The penalty assessed when you do not follow the procedures required by the health care management program does not apply to your out-of-pocket maxunum. Special Care Case Management Special care case management is designed to help manage the care of patients who have special or extended care illnesses or injuries. The primary objective of special care case management is to identify and coordinate cost-effective medical care alternatives meeting accepted standards of medical practice. Special care case management also monitors the care of the patient, offers emotional support to the family, and coordinates communications among health care providers, patients and others. Benefits may be modified by the plan administrator to permit a method of treatment not expressly provided for, but not prohibited by law, rules or public policy, if the plan administrator determines that such modification is medically necessary and is more cost-effective than continuing a benefit to which you or your eligible dependents may otherwise be entitled. The plan administrator also reserves the right to limit payment for services to those amounts which would have been charged had the service been provided in the most cost-effective setting in which the service could safely have been provided. Examples of illnesses or injuries that may be appropriate for special care case management include, but are not limited to: . Terminal Illnesses cancer AIDS rj / MAR 2 3 1999 . Chronic Illnesses multiple sclerosis renal failure obstructive pulmonary disease cardiac conditions . Accident Victims Requiring Long-Term Rehabilitative Therapy . Newborns with High-Risk Complications or Multiple Birth Defects . Diagnosis Involving Long-Term IV Therapy . Illnesses Not Responding to Medical Care . Child and Adolescent Mental/Nervous Disorders 1 MAR 2 3 1999 PREFERRED PROVIDER ORGANIZATION (PPO\ What is a PPO A Preferred Provider organization (PPO) is a group of physicians and hospitals contracted with your employer in an effort to reduce the effect of rising health care costs while providing you with quality care. . Who is Your PPO Collier County Government has contracted with SunHealth to provide PPO services for you and your eligible dependents. About Your PPO ., SunHealth has carefully selected the participating physicians and hospitals. The qualifications of each health care provider have been reviewed so that you and your dependents will be provided quality care at a fee significantly less than is common in the geographic area in which you live. The final choice of health care providers is yours. However, if you receive services from a health care provider included in the PPO, the cost of the co- payment to you may decrease. The PPO benefits are outlined on the Scheduled of Medical Benefits. All PPO and non-PPO plan maximums are combined. a / I MAR 2 3 1999 MEDICAL BENEFITS About Your Medical Benefits All benefits provided under this plan must satisfy some basic conditions. The following conditions are commonly included in health benefit plans but are often overlooked or misunderstood. Medical necessity The plan provides benefits only for covered services and supplies that are medically necessary for the treatment of a covered illness or injury. Also, the treatment must not be experimental/investigational. Usual And Customary Charges The plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge in the geographic area where services or supplies are provided. Any amounts that exceed the usual and customary charge are not recognized by the plan for any purpose. Health Care Providers The plan provides benefits only for covered services and supplies rendered by a physician, practitioner, nurse, hospital or specialized treatment facility as those terms are specifically defined in the Definitions section. Custodial Care The plan does not provide benefits for services and supplies that are furnished primarily to assist an individual ill the activities of daily living. Activities of daily living include such things as bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. It MAR 2 3 1999 Benefit year The word year, as used in this document, refers to the benefit year which is the 12-month period beginning January 1 and ending December 31. All annual benefit maximums and deductibles accumulate during the benefit year. Deductibles A deductible is the amount of covered expenses each covered individual must pay during each year before the plan will consider expenses for reimbursement. The individual deductible applies separately to each covered person. The family deductible applies collectively to all covered persons in the same family. When the family deductible is satisfied, no further deductible will be applied for any covered family member during the remainder of that year. The annual individual and family deductible amounts are shown on the Schedule of Medical Benefits. Co-Payments Co-payment percentages represent the portions of covered expenses paid by you and by the plan after satisfaction of any applicable deductible. These percentages apply only to covered expenses which do not exceed usual and customary charges . You are responsible for all non-covered expenses and any amount which exceeds the usual and customary charge for covered expenses. The co-payment percentages are shown on the Schedule of Medical Benefits. Out-Of-Pocket Maximums An out-of-pocket maximum is the maximum amount of covered expenses you must pay during a year, excluding the deductible, before the co-payment percentage of the plan increases. The individual out-of-pocket maximum applies separately to each covered person. When a covered person reaches the annual out-of-pocket maximum, the plan will pay 100% of additional covered expenses for that individual during the remainder of that year. II MAR 2 3 1999 The family out-of-pocket maximum applies collectively to all covered persons in the same family. When the annual family out-of-pocket maximum is reached, the plan will pay 100% of covered expenses for any covered family member during the remainder of that year. However, expenses for services which do not apply to the out-of-pocket maximum will never be paid at 100%. The annual individual and family out-of-pocket maximum amounts are shown on the Schedule of Medical Benefits. Benefit Maximums Total plan payments for each covered person are limited to certain maximum benefit amounts. A benefit maximum can apply to specific benefit categories or to all benefits. A benefit maximum amount also applies to a specific time period, such as annual or lifetime. Whenever the word lifetime appears in this plan in reference to benefit maximums, it refers to the period of time you or your eligible dependents participate in this plan or any other Plan Sponsored by Collier County Board of County Commissioners. The benefit maximums applicable to this plan are shown on the Schedule of Medical Benefits. ',....-) ..,'_/ MAR 2 3 1999 Covered Medical Expenses When all of the provisions of this plan are satisfied, the plan will provide benefits as outlined on the Schedule of Medical Benefits for the services and supplies listed in this section. This list is intended to give you a general description of expenses for services and supplies covered by the plan. Hospital Services . Semi-private room and board expenses. . Private room and board expenses, only if medically necessary. . Intensive care unit and coronary care unit charges. . Miscellaneous hospital services and supplies required for treatment during a hospital confinement. . Well-baby nursery, physician and initial exam expenses during the initial hospital confinement of a newborn. Charges for the newborn will be considered separately from the mother's expenses. . Hospital confinement expenses for dental services if hospitalization is necessary to safeguard the health of the patient. . Outpatient hospital services. If you discover an error on an inpatient confinement billing, resolve the error and provide proof of the resolution to the plan, the plan will pay you 50% of the amount of the excess charges found on the hospital bill, to a maximum of $1,000. Emergency Services . Treatment in a hospital emergency room or other emergency care facility for a condition that can be classified as a medical emergency. /3 MAR 2 3 1999 . Ground or air transportation provided by a professional ambulance service to and from a hospital or emergency care facility which is equipped to treat a condition that can be classified as a medical emergency. . Treatment of an accident in a hospital or other emergency care facility. Specialized Treatment Facilities . A skilled nursingfacility, limited to 90 days per year. . A rehabilitation facility . An ambulatory surgical facility. . A birthing center. . A residential treatment facility. . A Mental/Nervous treatment facility. . A substance abuse treatment facility. . A psychiatric day treatment facility. . A chemical dependency/substance abuse day treatment facility. . A hospice facility. Surgical Services . Surgeon's expenses for the performance of a surgical procedure. . Assistant surgeon's expenses not to exceed 20% of the usual and customary charge of the surgical procedure. . Two or more surgical procedures performed during the same session through the same incision, natural body orifice or operative field. The amount eligible / ,i... MAR 2 3 1999 for consideration is the sum of usual and customary charges for the largest amount billed for one procedure plus 50% of the sum of usual and customary charges billed for all other procedures performed. . Two or more surgical procedures performed during the same session through different incisions, natural body orifices or operative fields. The amount eligible for consideration is the sum of usual and customary charges for each procedure performed. . Anesthetic services when performed by a licenses anesthesiologist or certified registered nurse anesthetist in connection with a surgical procedure. · Oral surgery, limited to osseous surgery and the removal of impacted wisdom teeth. . Reconstructive surgery when needed to correct damage caused by a birth defect resulting in the malformation or absence of a body part, to correct damage caused by an accidental injury or for breast reconstruction following a total or partial mastectomy. . Surgical treatment of morbid obesity. · Surgical reproductive sterilization. · Human organ and tissue transplants. Courses of treatment involving high- dose chemotherapy and radiotherapy and autologous bone marrow transplantation, stem cell rescue or other hematopoietic support procedures are not covered as organ and tissue transplants, except for the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community). Acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non- inflammatory stage II breast cancer with 10 more positive nodes and negative bone marrow. Expenses for the donor will be considered under this plan. . Circumcision. / ,.-- / ..::;' MAR 2 3 1999 . Outpatient surgery. . Surgical treatment of temporomandibular joint dysfunction (TMJ). . Podiatry surgery. MentallNervous And Substance Abuse Services . Inpatient treatment of a Mental/Nervous disorder and/or substance abuse. . Outpatient treatment of a Mental/Nervous disorder and/or substance abuse. . Partial hospitalization. . Treatment of or related to eating disorders. Medical Services . Physician home and office visits. . Inpatient physician visits. . Second surgical opinions. . Third surgical opinions. . Pregnancy-related care for a female employee or spouse only. . Termination of pregnancy for a female employee or spouse only, when the life of the mother would be endangered if the fetus were carried to term. . Dental services received after an accidental injury to teeth. This includes replacement of teeth and any related x-rays. . Chiropractic services. J,'.: , ...;.,' MAR 2 3 1999 . Radiation therapy. However, there is no coverage provided for high-dose radiotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopoietic support procedures for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical . professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (afer induction therapy) and non-infIammataory stage II breast cancer with 10 or more positive nodes and negative bone marrow. · Chemotherapy. However, there is no coverage provided for high-dose chemotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopietic support procedures for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with 10 or more positive nodes and negative bone marrow. · Treatment of or related to sleep disorders. . Physical therapy from a qualified practitioner. · Non-custodial services of a nurse which are not billed by a home health care agency. · Home health care provided by a home health care agency, limited to 100 visits per year. . Home Hospice. · Speech therapy from a qualified practitioner to restore speech loss due to an illness, injury or surgical procedure. . Occupational therapy. .'.' --, . ,,""- I MAR 2 3 1999 . Treatment of diabetes. . Dialysis. . Acupuncture. . Non-surgical treatment of morbid obesity. . Non-surgical treatment of temporomandibular joint dysfunction (TMJ). . Medically necessary treatment of the feet, including treatment of metabolic or peripheral-vascular disease. . Routine foot care. . Massage therapy or rolfing, for a medical condition, only if services are performed by a licensed practitioner. Diagnostic X-Ray And Laboratory Services . Diagnostic charges for x-rays. . Diagnostic charges for laboratory services. . Pre-admission testing (PAT). . Amniocentesis. . Ultrasounds. . Allergy testing. · Magnetic Resonance Imaging (MRI). / L . MAR 2 3 1999 Routine and Preventative Services . PAP tests. . Mammograms, limited to 1 baseline mammogram for covered females age 35-39, 1 mammogram every 2 years for covered females age 40-49 and 1 mammogram per year for covered females age 50 and over. . Physicals, including gynecological exams, for participants age 17 and over. . Well-child checkups for covered dependents up to age 16. Benefits include vaccinations, inoculations and immunizations. Equipment and Supplies . Durable medical equipment, including expenses related to necessary repairs and maintenance. A statement is required form the prescribing physician describing how long the equipment is expected to be necessary. This statement will determine whether the equipment will be rented or purchased. Replacement equipment will be covered if the replacement equipment is required due to a change in the patient's physical condition; or purchase of new equipment will be less expensive than repair of existing equipment. . Artificial limbs and eyes and replacement of artificial limbs and eyes if required due to a change in the patient's physical condition; or replacement is less expensive than repair of existing equipment. . Original fitting, adjustment and placement of orthopedic braces, casts, splints, crutches, cervical collars, head halters, traction apparatus or prosthetic appliances to replace lost body parts or to aid in their function when impaired. Replacement of such devices only will be covered if the replacement is necessary due to a change'in the patient's physical condition. . Oxygen and rental or equipment required for its use, not to exceed the purchase price of such equipment. . Orthotics, orthopedic or corrective shoes and other supportive appliances for the feet. /9 MAR 2 3 1999 . Blood and/or plasma and the equipment for its administration. . Allergy injections. . Insulin infusion pumps. . Initial prescription contact lenses or eyeglasses, including the examination and fitting of the lenses, to replace the human lens lost through intraocular surgery . . Wigs or artificial hairpieces, limited to 1 per lifetime. . Sterile surgical supplies after surgery. . Jobst garments. Ac; I"-- MAR 2 3 1999 Medical Expenses Not Covered The plan will not provide benefits for any of the items listed in this section, regardless of medical necessity or recommendation of a health care provider. This list is intended to give you a description of expenses for services and supplies not covered by the plan. . Expenses exceeding the usual and customary charge for the geographic area in which services are rendered. . Services rendered by anyone other than a covered health care provider. . Treatment not prescribed or recommended by a health care provider. . Services, supplies or treatment not medically necessary. . Services or supplies for which there is no legal obligation to pay, or expenses which would not be made, except for the availability of benefits under this plan. . Experimental/investigational equipment, services or supplies. . Services furnished by or for the United States Government or any other government, unless payment is legally required. . Any condition, disability or expense sustained as a result of being engaged in: an illegal occupation; commission or attempted commission of an assault or other illegal act; intentional or accidental atomic explosion or other release of nuclear energy, whether in peacetime or wartime; participation in a civil revolution or a riot; duty as a member of the armed forces of any state or county; or a war or act of war which is declared or undeclared. . Any condition or disability sustained as a result of being engaged in an activity primarily for wage, profit or gain, and that could entitle the covered person to a benefit under the Workers' Compensation Act or similar legislation. . Educational, vocational or training services and supplies. -:- I /"---- ' MAR 2 3 1999 . Expenses for preparing medical reports, itemized bills or claim forms. . Mailing and/or shipping and handling expenses. . Expenses for broken appointments or telephone calls. . Services or supplies furnished, paid for, or for which benefits are provided or required by reason of past or present service of any covered family member in the armed forces of a government . Travel expenses of a physician or a covered person. . Any services received from a Health Maintenance Organization (HMO) if the individual is a participant in the HMO. . Intentional self-inflicted injury or illness while sane or insane. . Sanitarium, rest or custodial care. . Expenses used to satisfy plan deductibles. . Expenses eligible for consideration under any other plan of the employer. . Treatment or services rendered outside the United States of America or its territories, except for an accidental injury or a medical emergency. . Sales tax. . Elective hospital admissions on Friday, Saturday or Sunday. . Personal comfort or service items while confined in a hospital, such as, but not limited to, radio, television, telephone and guest meals. . Expenses relating to or incurred in connection with autologous hematopoietic support (e.g., autologous bone marrow transplantation or stem cell rescue), including expenses for high-dose chemotherapy and radiotherapy, for any --:5 --;/ )~.:~ r-- MAR 2 3 1999 symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non- Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with 10 or more positive nodes and negative bone marrow. . Expenses for or related to the removal of breast or other prosthetic implants that were (1) inserted in connection with cosmetic surgery, regardless of the reason for removal; or (2) not inserted in connection with cosmetic surgery, the removal of which is not currently medically necessary. . Cosmetic surgery. . Kerato-refractive eye surgery (surgery to improve nearsightedness, farsightedness and/or astigmatism by changing the shape of the cornea including, but not limited to, radial keratotomy and keratomileusis surgery). . Reversal of any reproductive sterilization procedure. . Surgical impregnation procedures. . Elective abortions. . Surgical treatment for the correction of infertility. . Sex change surgery. . Penile prosthetic implants. . Expenses related to insertion or maintenance of an artificial heart. . Orthognathic surgery. . Genetic counseling. /., /,'- --- MAR 2 3 1999 . Eye examinations for the diagnosis or treatment of a refractive error, including the fitting of eyeglasses or lenses, orthoptics, vision therapy or supplies. . Hearing examinations, hearing aids or related supplies. . Treatment of or related to an overdose of drug or medication. . Expenses for education, counseling, job training or care for learning disorders or behavioral problems, whether or not services are rendered in a facility that also provides medical and/or Mental/Nervous treatment. . Treatment of behavioral or conduct disorders. . Adoption expenses. . Surrogate expenses. . Biofeedback. . Bereavement counseling. . Non-surgical treatment for the correction of infertility. . Hypnosis. . Treatment, instructions, activities or drugs (including over-the-counter diet pills) for the weight reduction or control, except for the diagnosed condition of morbid obesity. . Infertility testing. . Genetic testing. . Prescription drugs and medicines, including oral contraceptives for purposes other than birth control, prenatal vitamins and insulin and insulin syringes. Benefits are provided by ConsulTec. ~ ,', / r-.p A__ . MAR 2 3 1999 . Nutritional supplements and contraceptive devices, whether or not a physician's prescription is required. . Drugs, medicines or supplies that do not require a physician's prescription. . Occupational therapy supplies. . Equipment such as air conditioners, air purifiers, dehumidifers, heating pads hot water bottles, water beds, swimming pools, hot tubs and any other clothing or equipment which could be used in the absence of an illness or injury. /1,-' ,.-'... "-.......' MAR 2 3 1999 PRESCRIPTION DRUG PLAN About Your Prescription Drug Benefit The prescription drug benefit is an independent program separate from your regular medical plan, and administered by ConsulTec. This provision is included for descriptive purposes only. You must refer to the actual provision in the literature prepared and distributed by ConsulTec for a complete description of covered and not covered expenses. The ConsulTec plan provides benefits only for drugs or medicines prescribed by a physician or practioner, but not to exceed a 3D-day supply or 100 unit doses, whichever is greater. The prescription drug benefit cannot be assigned regardless of the assignment provision in Other Important Plan Provisions. Participating Pharmacy The ConsulTec plan provides benefits only for a participating pharmacy's wholesale cost plus dispensing fee. A participating pharmacy is a pharmacy which has entered into a prescription drug plan agreement with ConsulTec. Non-participating Pharmacy The ConsulTec plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge of a participating pharmacy. Prescription Drug Co-Payments A prescription drug co-payment is the amount of covered expenses you must pay for each prescription before the ConsulTec plan will make payments. The ConsulTec co-payment does not accumulate toward any other plan deductible or out-of-pocket maximum. The co-payment amount for the ConsulTec plan is $5 for each genenc prescription or refill and $10 for each brand-name prescription or refill. ,.. , /' MAR 2 3 1999 MAIL SERVICE PRESCRIPTION DRUG PROGRAM The mail service prescription drug program is offered when there is an ongoing need for medication. By using this service, you can obtain prescribed medication required on a non-emergency, extended-use basis. The quantity of a prescribed drug ordered through this program can be anything up to a-day supply. Prescription drugs obtained through this program are not subject to the medical plan deductible. However, you are required to pay $5 for each generic prescription of refill and $10 for each brand-name prescription or refill. The amount you must pay for each mailorder prescription does not accumulate toward the medical plan deductible or out-of-pocket maximum u _u - - Prescribed medications which are covered by your medical plan are also covered by the mail service prescription drug program if they are normally available at your local pharmacy. However, certain medications cannot be supplied by mail easily (for example, drugs requiring constant refrigeration) and are not available through this program. The law requires that pharmacies dispense the exact quantity prescribed by the physician or practitioner. So if your physician or practitioner authorizes the maximum order quantity, the prescription must be for a-day supply for you to receive that quantity. For example, if you take one tablet per day, your physician or practitioner must write a prescription for tablets. If you take two tablets per day, your physician or practitioner must write a prescription for tablets, etc. If your physician or practitioner authorizes refills, these can be dispensed only when your initial order is nearly exhausted, so be sure to ask your physician or practitioner to prescribe the normal supply, plus refills whenever appropriate. When you order by mail, your prescription is reviewed by a pharmacist, checked for drug interactions, dispensed and verified by quality control before it is mailed to you. There will be times when you need a prescription immediately. On these occasions, you should have your prescription filled at a local pharmacy and use your ConsulTec card. If you need medication immediately but will be taking it on an ongoing basis, ask your physician or practitioner for two prescriptions. The first should be for a 14-day supply that you can have filled at a local ....-'-. rl ,r /'- . MAR 2 3 1999 pharmacy; the second prescription should be for the balance, up to a-day supply. Send the larger prescription with your co-payment through the Express Pharmacy mail service prescription drug program. NOTE: Certain controlled substances and several other prescribed medications may be subject to other dispensing limitations and to the professional judgment of the pharmacist. ;: ((' MAR 2 3.1999 COORDINATION OF BENEFITS General Provision When you and/or your dependents are covered under more than one group health plan, the combined benefits payable by this plan and all other group plans will not exceed 100% of the eligible expense incurred by the individual. The plan assuming primary payor status will detennine benefits first without regard to benefits provided under any other group health plan. When this plan is the secondary payor, it will reimburse, subject to all plan provisions, the balance of remaining eligible expenses, not to exceed normal plan liability if this plan had been primary. For purposes of coordination, eligible expense means any usual and customary charge considered in part or full by this plan. Government Programs The term group health plan includes the government programs Medicare, Medicaid and CHAMPUS. The regulations governing these programs take precedence over the detennination of this plan. For example, in determining the benefits payable under the plan, the plan will not take into account the fact that you or any eligible dependent(s) are eligible for or receive benefits under a Medicaid plan. Automobile Insurance Benefits payable under this plan will be coordinated with benefits provided or required by any no-fault automobile insurance statute, whether or not a no-fault policy is in effect, and/or any other automobile insurance. Other Group Plans Any group health plan which does not contain a coordination of benefits provision will be considered primary. When all plans covering you and/or your dependents contain a coordination of benefits provision, order of payment will be as follows: /lCJ I /"- MAR 2 3 1999 The plan covering a person as an active employee will be primary over a plan covering the same person as a dependent, a retiree or a laid-off individual. When a person is an active employee under more than one plan, the plan covering the individual for a longer period of time will be considered primary. The plan covering a person as an employee or a dependent will be primary over the plan providing continuation coverage (COBRA). A plan covering a person as a dependent child of non-divorced or non-separated parents will be primary according to which parent has the earlier birth date (month and day) in the year. If both parents have the same birth date, the plan covering the child for the longer period of time will be primary. Children of Divorced Or Separated Parents When all plans covering a person as a dependent child of divorced or separated parents contain a coordination of benefits provision, the order of payment will be: The plan covering the dependent child of the natural parent designated by court order to be responsible for the child's health care expenses will be considered primary. In the absence of a court order specifying otherwise, the plan covering the dependent child of a stepparent who is the spouse of the natural parent having legal custody of the child will be considered primary. Right to Make Payments To Other Organizations Whenever payments which should have been made by this plan have been made by any other planes), this plan has the right to pay the other planes) any amount necessary to satisfy the terms of this coordination of benefits provision. . Amounts paid will be considered benefits paid under this plan and, to the extent of such payments, the plan will be fully released from any liability regarding the person for whom payment was made. '-'" /' \~~' l...j MAR 2 3 1999 OTHER IMPORTANT PLAN PROVISIONS Assignment Of Benefits All P PO benefits payable by the plan are automatically assigned to the provider of services or supplies, unless evidence of previous payment is submitted with the claim. All other benefits payable by the plan may be assigned to the provider of services or supplies at your option. Payments made in accordance with an assignment are made in good faith and release the plan's obligation to the extent of the payment. Payments will also be made in accordance with any assignment of rights required by a state Medicaid plan. Special Election for Employees And Spouses Age 65 And Over If you remain actively employed after reaching age 65, you or your spouse may choose to remain covered under this plan without reduction for Medicare benefits or designate Medicare as the primary payor of benefits. If you choose to remain covered under this plan, this plan will be the primary payor of benefits and Medicare will be secondary. If you choose Medicare as primary, coverage under this plan will end. If you do not specifically choose one of the options, this plan will continue to be primary. If you are under age 65 and your spouse is over age 65, he or she can make his or her own choice. Reimbursement To The Plan This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent, by settlement, verdict or otherwise, for an illness or injury. In that case, you or your dependent (or the legal representatives, estate or heirs of either you or your dependent), must promptly reimburse the plan for any benefits it paid relating to that illness or injury, up to the full amount of the compensation may be characterized and regardless of whether you or your dependent have been made whole). If the plan has not yet paid benefits relating to that illness or injury, the plan may reduce or deny future benefits on the basis of the compensation received by you or your dependent. 2/ \- -y... - ~ .vvv MAR 2 3 1999 In order to secure the rights of the plan under this section, you or your dependent hereby: (1) grant to the plan a first priority lien against the proceeds of any such settlement, verdict or other amounts received by you or your dependent; and (2) assign to the plan any benefits you or your dependent may have under any automobile policy or other coverage, to the extent of the plan's claim for reimbursement You or your dependent must cooperate with the plan and its agents, and must sign and deliver such documents as the plan or its agents reasonably request to protect the plan's right of reimbursement. You or your dependent must also provide any relevant information, and take such actions as the plan or its agents reasonably value of the benefits provided. You or your dependent must not take any action that prejudices the plan's right of reimbursement. The reimbursement required under this provision will not be reduced to reflect any costs or attorneys' fees incurred in obtaining compensation unless separately agreed to, in writing, by the plan administrator, in the exercise of its sole discretion. Subrogation This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent for your or your dependent's illness or injury and the plan has paid benefits related to that illness or injury. The plan is subrogated to all of the rights of you or your dependent against any party liable for your or your dependent's illness or injury to the extent of the reasonable value of the benefits provided to you or your dependent under the plan. The plan may assert this right independently of you or your dependent. You or your dependent are obligated to cooperate with the plan and its agents in order to protect the plan's subrogation rights. Cooperation means providing the plan or its agents with any relevant information requested by the, signing and delivering such documents as the plan or its agents reasonably request to secure the plan's subrogation claim, and obtaining the consent of the plan or its agents before releasing any party from liability for payment of medical expenses. A-' ,__/ A- MAR , ~ 1qqQ If you or your dependent enter into litigation or settlement negotiations regarding the obligations of other parties, you or your dependent must not prejudice, in any way, the subrogation rights of ~e plan under this section. The costs of legal representation of the plan in matters related to subrogation will be borne solely by the plan. The costs of legal representation of you or your dependent must be borne solely by you or your dependent. Recovery of Excess Payments Whenever payments have been made in excess of the amount necessary to satisfy the provisions of this plan, the plan has the right to recover these excess payments from any individual (including yourself), insuranc.e company or other organization to whom the excess payments were made or to withhold payment, if necessary, on future benefits until the overpayment is recovered. If excess payments were made for services rendered to your dependent( s), the plan has the right to withhold payment on your future benefits until the overpayment is recovered. Further, whenever payments have been made based on fraudulent information provided by you, the plan will exercise its right to withhold payment on future benefits until the overpayment is recovered. Right To Receive And Release Necessary Information The plan may, without the consent of or notice to any person, release to or obtain from any organization or person, information needed to implement plan provisions. When you request benefits, you must furnish all the information required to implement plan provisions. Alternate Payee Provision Under normal conditions, all PPO benefits are payable to the provider of services or supplies. All other benefits are payble to you and can only be paid directly to another party upon signed authorization from you. If conditions exist under which a valid release or assignment cannot be obtained, the plan may make payment to any individual organization that has assumed the care or principal support for you and is equitably entitled to payment. The plan must --;;:-:: \.--.. '- MAR 2 :\ 1qqg make payments to your separated/divorced spouse, state child support agencies or Medicaid agencies if required by a qualified medical child support order CQMCSO) or state Medicaid law. The plan may also honor benefit assignments made prior to your death in relation to remaining benefits payable by the plan. Any payment made by the plan in accordance with this provision will fully release the plan of its liability to you. -...., . I ..., ,,:..-. \- MAR? 3.'999 FILING A CLAIM Your health care provider should file claims for you. Electronically submitted claims are processed most efficiently. Ifunable to file electronically, your health care provider may submit the following: . HCFA-1500 (revision 12/90 and late) or UB-92 forms for medical expenses; . ADA forms (revision 1990 and later) for dental expenses; . prescription submittal forms and vision care submittal forms. These are the only appropriate forms for requesting plan payment. If your health care provider is unable to file one of these forms for you, you are responsible for completing and submitting it. These forms are available from either your health care provider or employer. Include the following information: . plan participant's name, Social Security number and address; . patient's name, Social Security number and address if different from the participant's; . provider's name, tax identification number, address, degree and signature; . date( s) of service; . diagnosis; . procedure codes (describes the treatment or services rendered); . assignment of benefits, signed (if payment is to be made to the provider); . release of information statement, signed; . explanation of benefits (BOB) information if another plan is the primary payor. -- '-:'.' A ,r-" ~...~....r ...... MAR 2 3 1999 Claims should be submitted for each individual. Please do not attach or staple claims together. If additional information is needed to process your claim, you or your health care provider will be notified. If you receive a letter regarding your claim, prompt completion and return of the letter with any requested attachments will expedite processing of the claim. Send complete information to: Florida 1 st P.O. Box 3169 Winter Haven, Florida 33885-3169 If you have any questions regarding your claim, please call: (800) 226-3155 All claims must be filed with the plan within 12 months from the date of the expense. How to Appeal A Denial of Benefits If you believe a claim was improperly settled, the following process is available: 1. Within 60 days of receipt of the claim, you may request, in writing or verbally, that the plan conduct a review of the processed claim. The plan will review the processed claim and inform you whether or not an error was made. Any errors will be corrected promptly. 2. If you are not satisfied with the above review, a written request for a second review may be submitted to the plan within 60 days of the first review. The request should state, in clear "and concise terms, the reason for disagreement with the way the claim was processed. When the written request is received, the claim will be reviewed again and the results of this review furnished in writing to you within 60 days in most cases, but in no case more than 120 days. All requests for a review of denied benefits should include a copy of the initial denial letter and any other pertinent information. Send all information to: --;:' / '- Florida 1 st P.O. Box 3169 Winter Haven, Florida 33885-3169 MAR 2 3 1999 Requests for appeal which do not comply with this procedure will not be considered, except in extraordinary circumstances. -- ": ~ ~ MAR 2 3 1999 OPTIONAL CONTINUATION OF COVERAGE Continuation of Coverage Under Federal Law As mandated by federal law, the plan offers optional continuation coverage to you and/or your dependents if coverage of the eligible beneficiary would otherwise end due to one of the following events: . Termination of your employment for any reason except gross misconduct. Coverage may continue for you and your eligible dependents. . A reduction in hours worked by you. Coverage may continue for you and your eligible dependents. . Your death. Coverage may continue for your eligible dependents. . Divorce or legal separation from your spouse. Coverage may continue for that spouse and your other eligible dependents. . You become entitled to Medicare. Coverage may continue for eligible dependents who are not entitled to Medicare. . Loss of eligibility of a covered dependent child. Coverage may continue for that dependent. . Your employer files a Title 11 bankruptcy petition. Coverage may continue for retirees and their beneficiaries if the plan covers such retirees and beneficiaries within one year of the date of the bankruptcy petition and if such retiree coverage ends or is substantially reduced within one year before or after the filing for bankruptcy. (please note that the plan may not cover retirees, in which case employer bankruptcy is not a qualifying event.) NOTE: To choose this continuation coverage, an individual must be a covered person Wider the plan on the day before the qualifying event or be born to or adopted by you during the period of your continuation '-->.... r/ ," () MAR 2 3 1999 coverage. In the case of bankruptcy, an individual must have retired on or before the date coverage was substantially reduced, or be a beneficiary of the retired employee on the day before the bankruptcy. Notification Requirement You or other qualifying individual(s) have the responsibility to inform the plan administrator of a divorce, legal separation or a child losing dependent status under the Collier County Government Group Benefit Plan within 60 days of the qualifying event. Failure to provide this notification within 60 days will result in the loss of continuation coverage rights. Your employer has the responsibility of notifying the plan administrator of your death, termination of employment, reduction in hours, entitlement to Medicare or the employer's bankruptcy within 30 days of the qualifying event. The plan will notify you and other qualifying individual( s) of continuation coverage rights within 14 days of the notice described above. You and any other qualifying individuals will then have 60 days to elect continuation coverage. Failure to elect continuation coverage within 60 days after being notified by the plan administrator will result in loss of continuation coverage rights. Maximum Period Of Continuation Coverage The maximum period of continuation coverage for individuals who qualify due to termination of employment or reduction in hours worked is 18 months from the date of the qualifying event. If a qualifying individual is disabled (as determined under the Social Security Act) at the time of your termination or reduction in hours or becomes disabled at any time during the first 60 days of continuation coverage, continuation coverage for the qualifying individual and any non-disabled family members who are also entitled to continuation coverage may be extended to 29 months provided the qualifying individual or family member, if applicable, notifies the plan administrator within the 18-month continuation coverage period and within 60 days after receiving notification of disability. -' "7 c-/ ,"-' -;' ""-.' ' . MAR 2 3 1999 The maximum period of continuation coverage for individuals who qualify due to any other described qualifying event, except bankruptcy, is 36 months from the date of the qualifying event. The maximum period of continuation coverage for individuals who qualify due to any other described qualifying event, except bankruptcy, is 36 months from the date of the qualifying event. Qualifying retirees and widows or widowers of retirees who died before bankruptcy are entitled to lifetime continuation coverage. However, if a retiree dies after bankruptcy, the surviving spouse and dependent children may only elect an additional 36 months of continuation coverage after the death. If an individual experiences more than one qualifying event, the maximum period of coverage will be computed from the date of the earliest qualifying event, but will be extended to the full 36 months if required by the subsequent qualifying event. However, if your spouse and dependent children would otherwise lose coverage because of a qualifying event, they will be entitled to 36 months of continuation coverage from the date you become entitled to Medicare even if your entitlement to Medicare does not cause you to lose coverage either because you are still employed or because you had already terminated employment. Cost of Continuation Coverage The cost of continuation coverage is determined by your employer and paid by the qualifying individual. If the qualifying individual is not disabled, the applicable premium cannot exceed 102% of the plan's cost of providing coverage. The cost of coverage during a period of extended continuation coverage due to a disability cannot exceed 150% of the plan's cost of coverage. You and other qualified individual( s) must make the first payment within 45 days of notifying the plan of selection of continuation coverage. Future payments can be made in monthly installments within 30 days of the due date unless your employer establishes a longer payment schedule. Rates and payment schedules are established by your employer and may change when necessary due to plan modifications. ~.~> () MAR 2 3 1999 The cost of continuation coverage is computed from the date coverage would normally end due to the qualifying event. Failure to make the first payment within 45 days or any subsequent payment within 30 days of the established due date will result in the permanent cancellation of continuation coverage. When Continuation Coverage Ends Continuation of coverage ends on the earliest of: . The date the maximum continuation period expires. · The date the qualifying individual becomes entitled to coverage under Medicare. · The last period for which payment was made when coverage IS canceled due to non-payment of the required cost. · The date the employer no longer offers a group health plan to any of its employees. · The date the qualifying individual becomes covered under any other group health plan that does not exclude or limit coverage for a pre- existing condition the qualifying individual may have. ii" MAR 2 3 1999 DEFINITIONS The following terms define specific wording used in this plan. These definitions should not be interpreted to extend coverage unless specifically provided for under previously explained provisions of this plan. Accident An unforeseen and unavoidable event resulting in an injury. Actively At Work (Active Employment) You are considered to be actively at work when performing in the customary manner all of the regular duties of your occupation with the employer, either at one of the employer's regular places of business or at some location to which the employer's business requires you to travel to perform your duties or other duties assigned by your employer. You are also considered to be actively at work on each day of a regular paid vacation or non-working day on which you are not totally disabled, but only if you are performing in the customary manner all of the regular duties of your occupation with the employer on the immediately preceding regularly scheduled work day. Ambulatory Surgical Facility A public or private facility, licensed and operated according to the law, which does not provide services or accommodations for a patient to stay overnight. The facility must have an organized medical staff of physicians; maintain permanent facilities equipped and operated primarily for the purpose of performing surgical procedures; and supply registered professional nursing services whenever a patient is in the facility . Amendment (Amend) A formal document signed by the representatives of Collier County Government. The amendment adds, deletes or changes the provision of the plan and applies to all covered persons, including those persons /J ," /'-" MAR 2 3 1999 covered before the amendment becomes effective, unless otherwise specified. Benefit year The 12-month period beginning January 1 and ending December 31. All annual deductibles and benefit maximums accumulate during the benefit year. Birthing Center A public or private facility, other than private offices or clinics of physicians, which meets the free-standing birthing center requirements of the State Department of Health in the state where the covered person receives the services. The birthing center must provide: a facility which has been established, equipped and operated for the purpose of providing prenatal care, delivery, immediate postpartum care and care of a child born at the center; supervision of at least one specialist in obstetrics and gynecology; a physician or certified nurse midwife at all births and immediate postpartum period; extended staff privileges to physicians who practice obstetrics and gynecology in an area hospital; at least 2 beds or 2 birthing rooms; full-time nursing services directed by an R.N. or certified nurse midwife; arrangements for diagnostic x-ray and lab services and the capacity to administer local anesthetic or to perform minor surgery. In addition, the facility must only accept patients with low-risk pregnancies, have a written agreement with a hospital for emergency transfers and maintain medical records on each patient and child. Chiropractic Services The detection and correction, by manual or mechanical means, of the interference with nerve transmissions and expressions resulting from distortion, misalignment or dislocation of the spinal (vertebrae) column. / /'....... MAR 2 3 1999 Cosmetic Surgery A procedure performed primarily for psychological purposes or to preserve or improve appearance rather than to restore the anatomy and/or functions of the body which are lost or impaired due to an illness or injury. Custodial Care Services and supplies furnished primarily to assist an individual in the activities of daily living. Activities of daily living include such things ass bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. Diagnostic Charges The usual and customary charges for x-ray or laboratory examinations made or ordered by a physician in order to detect a medical condition. Durable Medical Equipment Equipment able to withstand repeated use for the therapeutic treatment of an active illness or injury. Such equipment will not be covered under the plan if it could be useful to a person in the absence of an illness or injury and could be purchased without a physician's prescription. Elective Hospital Admission Any non-emergency hospital admission which may be scheduled at the patient's convenience without jeopardizing the patient's life or causing serious impairment. Employer Collier County Government. I . ,:.- .;.-- . MAR 2 3 1999 ExperimentallInvestigational Expenses for treatments, procedures, devices or drugs which the plan administrator determines, in the exercise of its discretion, are experimental, investigational or done primarily for research. Treatments, procedures, devices or drugs are excluded under this plan unless: Approval of the U.S. Food and Drug Administration for marketing the drug or device has been given at the time it is furnished, if such approval is required by law; and Reliable evidence shows that the treatment, procedure, device or drug is not the subject of ongoing phase I, IT or ill clinical trials or under study to determine its maximum tolerate dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses; and Reliable evidence shows that the consensus of opinion among experts regarding the treatment, procedure, device or drug is that further studies or clinical trials are not necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses. Reliable evidence includes anything determined to be such by the plan administrator, within the exercise of its discretion, and may include published reports and articles in the medical and scientific literature generally considered to be authoritative by the national medical professional community. Health Care Provider A physician, practitioner, nurse, hospital or specialized treatment facility as those terms are specifically defined in this section. Home Health Care Agency A public or private agency or organization, licensed and operated according to the law, that specializes in providing medical care and treatment in the home. The agency must have policies established by /! ,.- y-- \..' MAR 2 3 1999 a professional group and at least one physician and one registered graduate nurse to supervise the services provided. Home Hospice A program, licensed and operated according to the law, which is approved by the attending physician to provide palliative, supportive and other related care in the home for a covered person diagnosed as terminally ill. Hospice Facility A public or private organization, licensed and operated according to the law, primarily engaged in providing palliative, supportive and other related care for a covered person diagnosed as terminally ill. The facility must have an interdisciplinary medical team consisting of at least one physician, one registered nurse, one social worker, one volunteer and a volunteer program. A Hospice facility is not a facility or part thereof which is primarily a place for rest, custodial care, the aged, drug addicts, alcoholics or a hotel or similar institution. Hospital A public or private facility, licensed and operated according to the law, which provides care and treatment by physicians and nurses at the patient's expense of an illness or injury through medical, surgical and diagnostic facilities on its premises. A hospital does not include a facility or any part thereof which is, other than by coincidence, a place for rest, the aged or convalescent care. ) / I yr! /(: MAR 2 3 1999 Illness Any bodily sickness, disease or MentalINervous disorder. For purposes of this plan, pregnancy will be considered as any other illness. Injury A condition which results independently of an illness and all other causes and is a result of an externally violent force or accident. Inpatient Treatment in an approved facility during the period when charges are made for room and board. Intensive care unit A section, ward or wing within a hospital which is operated exclusively for critically ill patients and provides special supplies, equipment and constant observation and care by registered graduate nurses or other highly trained personnel. This excludes, however, any hospital facility maintained for the purpose of providing normal post-operative recovery treatment or service. Lifetime The period of time you or your eligible dependents participate in this plan or any other Plan Sponsored by Collier County Board of County Commissioners. Medicaid Title XIX (Grants to states for Medical Assistance Programs) of the United State Social Security Act as amended. ~-- '1 . MAR 2 3 1999 Medical Emergency An illness or injury which occurs suddenly and unexpectedly, requiring immediate medical care and use of the most accessible hospital equipped to furnish care to prevent the death or serious impairment of the covered person. Such conditions include, but are not limited to, suspected heart attack, loss of consciousness, actual or suspected poisoning, acute appendicitis, heat exhaustion, convulsions, emergency medical care rendered in accident cases and other acute conditions. Medically necessary (Medical necessity) Services or supplies which the plan administrator determines, in the exercise of its discretion, are generally acceptable by the national medical professional community as being safe and effective in treating a covered illness or injury, consistent with t he symptoms or diagnoses, furnished at the most appropriate medical level and not primarily for the convenience of the patient, a health care provider or anyone else. Because a health care provider has prescribed, ordered or recommended a service or supply does not, in itself, mean that it is medically necessary as defined above. Medicare Title xvm (Health Insurance for the Aged and Disabled) of the United States Social Security Act as amended. MentallNervous Disorder For purposes of this plan, a MentallNervous disorder is any diagnosed condition listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM, most recent edition, revised), except as specified in Medical Expenses Not Covered, for which treatment is commonly sought from a psychiatrist or mental health provider. The DSM is a clinical diagnostic tool developed by the American .~/ -- (. MAR 2 3 1999 Psychiatric Association and used by mental health professionals. Diagnoses described in the DSM will be considered MentalINervousin nature, regardless of etiology. Mental/Nervous Treatment Facility A public or private facility, licensed and operated according to the law, which provides a program for diagnosis, evaluation and effective treatment or MentallNervous Disorders; and professional nursing services provided by licensed practical nurses who are directed by a full- time R.N. The facility must also have a physician on staff or on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. Morbid Obesity A diagnosed condition in which the body weight exceeds the normal weight by either 100 pounds or it twice the normal weight of a person the same height, and conventional weight reduction measures have failed. The excess weight must cause a medical condition such as physical trawna, pulmonary and circulatory insufficiency, diabetes or heart disease. Nurse A person acting within the scope of his/her I icense and holding the degree of Registered Graduate Nurse (R.N.), Licensed Vocational Nurse (L.V.N.) or Licensed Practical Nurse (L.P.N.). Oral Surgery Necessary procedures for surgery in the oral cavity, including pre- and post-operative care. / .r- /! v' "'/ . MAR 2 3 1999 Outpatient Treatment either outside of a hospital setting or at a hospital when room and board charges are not incurred. Partial Hospitalization A distinct and organized intensive ambulatory treatment service~ less than 24-hour daily care specifically designed for the diagnosis and active treatment of a MentallNervousdisorder when there is a reasonable expectation for improvement or to maintain the individual ~ s functional level and to prevent relapse or hospitalization. Partial hospitalization programs must provide diagnostic services; services of social workers; psychiatric nurses and staff trained to work with psychiatric patients; individual~ group and family therapies~ activities and occupational therapies; patient education; and chemotherapy and biological treatment interventions for therapeutic purposes. The facility providing the partial hospitalization must prepare and maintain a written plan of treatment for each patient. The plan must be approved and periodically reviewed by a physician. Physically Or Mentally Handicapped The inability of a person to be self-sufficient as a result of a condition such as mental retardation~ cerebral palsy ~ epilepsy or another neurological disorder and diagnosed by a physician as a permanent and continuing condition. Physician A person acting within the scope of his/her license and holding the degree of Doctor or Medicine (M.D.) or Doctor of Osteopathy CD.O.) and who is legally entitled to practice medicine in all its branches under the laws of the state or jurisdiction where the services are rendered. --.;; .?-.. ./ / "t._/ l/' MAR 2 3 1999 Plan administrator The plan administrator, Collier County Board of County Commissioners, pursuant to the collective bargaining agreement, is the sole fiduciary of the plan, and exercises all discretionary authority and control over the administration of the plan and the management and disposition of plan assets. The plan administrator shall have the sole discretionary authority to determine eligibility for plan benefits or to construe the terms of the plan. The plan administrator has the right to amend, modify or terminate the plan in any manner, at any time, regardless of the health status of any plan participant or beneficiary. The plan administrator may hire someone to perform claims processing and other specified services in relation to the plan. Any such contractor will not be a fiduciary of the plan and will not exercise any of the discretionary authority and responsibility granted to the plan administrator, as described above. Plan Sponsor Collier County Board of County Commissioners. Plan year The 12-month fiscal period for Collier County Government beginning October 1 and ending September 30. Practitioner A physician or person acting within the scope of applicable state licensure/certification requirements and holding the degree of D.octor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D.), Doctor of Podiatry Medicine (D.P .M.), Doctor of Chiropractic (D.C.), Certified Nurse Midwife (C.N.M.), Certified Registered Nurse Anesthetist (C.R.N.A.), Registered Physical Therapist (R.P.T.), Psychologist (ph.D., Ed.D., Psy.D.), Licensed Clinical Social Worker (L.C.S.W.), Master of Social Work (M.S.W.), hi '-..,.." ./ MAR 2 3 1999 Speech Therapist, Occupational Therapist, Acupuncturist, Licensed Massage Therapist or Physician's Assistant. Preferred Provide Organization (PPO) SunHealth, including those health care providers who have contracted with Collier County Government to provide certain services for which benefits are considered at special levels. Psychiatric Day Treatment Facility A public or private facility, licensed and operated according to the law, which provides: treatment for all its patients for not more than 8 hours in any 24-hour period; a structured psychiatric program based on an individualized treatment plan that includes specific attainable goals and objectives appropriate for the patient; and supervision by a physician certified in psychiatry by the American Board of Psychiatry and Neurology. The facility must be accredited by the Program for Psychiatric Facilities or the Joint Commission on Accreditation of Hospitals. Reconstroctive Surgery A procedure performed to restore the anatomy and/or functions of the body which are lost or impaired due to an injury or illness. Rehabilitation Facility A legally operating institution or distinct part of an institution which has a transfer agreement with one or more hospitals, and which is primarily engaged in providing comprehensive multi-disciplinary physical restorative services, post-acute hospital and rehabilitative inpatient care and is duly licensed by the appropriate government agency to provide such services. It does not include institutions which provide only minimal care, custodial care, ambulatory or part-time care services, or an institution which primarily provides treatment of Mental/Nervous SiC MAR 2 3 1999 Disorders, substance abuse or tuberculosis, except if such facility is licensed, certified or approved as a rehabilitation facility for the treatment of Mental/Nervous conditions or substance abuse in the jurisdiction where it is located, or is accredited as such a facility by the Joint Commission for the Accreditation of Health Care Organizations or the Commission for the Accreditation of Rehabilitation Facilities. Residential Treatment Facility A child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents. The facility must be accredited as a residential treatment facility by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals or the American Association of Psychiatric Services for Children. Second Surgical Opinion Examination by a physician who is certified by the American Board of Medical Specialists in a field related to the proposed surgery to evaluate the medical advisability of undergoing a surgical procedure. Skilled Nursing Facility A public or private facility, licensed and operated according to the law, which provides: permanent and full-time facilities for 10 or more resident patients; a registered nurse or physician on full-time duty in charge of patient care; at least one registered nurse or licensed practical nurse on duty at all time; a daily medical record for each patient; transfer arrangements with a hospital; and a utilization review plan. The facility must be engaged in providing continuous skilled nursing care for persons during the convalescent stage of their illness or injury, and is not, other than by coincidence, a rest home for custodial care or for the aged. Specialized Treatment Facility -- - ..;:... ..,L, - / MAR 2 3 1999 Specialized treatment facilities as the term relates to this plan include skilled nursing facilities, rehabilitation facilities, ambulatory surgical facilities, birthing centers, residential treatment facilities, Mental/Nervous treatment facilities, substance abuse treatment facilities, psychiatric day treatment facilities, chemical dependency/substance abuse day treatment facilities and Hospice facilities as those terms are specifically listed in Covered Medical Expenses. Substance Abuse Treatment Facility A public or private facility, licensed and operated according to the law, which provides: a program for diagnosis, evaluation and effective treatment of substance abuse; detoxification services; and professional nursing services provided by licensed practical nurses who are directed by a full-time R.N. The facility must also have a physician on staff or on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. Surgery Any operative or diagnostic procedure performed in the treatment of an injury or illness by instrument or cutting procedure through any natural body . .. . opemng or mClSlon. Third Surgical Opinion Examination by a physician who is certified by the American Board of Medical Specialists in a field related to the proposed surgery to evaluate the medical advisability of undergoing a surgical procedure. Total Disability (Totally Disabled) /r- r'; t.r '-:..- MAR 2 3 1999 The inability to perform all the duties of your occupation with Collier County government or any other type of work for wage or profit as the result of a non-occupational illness or injury. A dependent will be considered totally disabled if, because of a non-occupational injury or illness, he or she is prevented from engaging in all the normal activities of a person of like age who is in good health. U sua! And Customary Charge The charge most frequently made to the majority of patients for the same service or procedure. The charge must be within the range of the charges most frequently made I n the same or similar medical service area for the service or procedure as billed by other physicians or practitioners. Year See benefit year. -- ~ tI'.'~ ..... '-: . .. - GENERAL INFORMATION Name And Address Of The Plan Sponsor Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Plan administrator Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Designated Agent For Service Of Legal Process County Attorney of Collier County 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Plan Trustees Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Internal Revenue Service And Plan Identification Number The corporate tax identification number assigned by the Internal Revenue Service is 59-6000558. The plan number is 47001. --/1 I ..~._ .'r"" '~- MAR 2 3 1999 MAR 2 3 1999 Plan year The Plan year is the 12-month fiscal period for Collier County Government beginning October 1 and ending September 30. Method of Funding Benefits Health benefits are self-funded from accumulated .assets and. are provided directly from the Plan Sponsor. The Plan Sponsor may purchase excess risk insurance coverage which is intended to reimburse the Plan Sponsor for certain losses incurred and paid under the plan by the Plan Sponsor. Such excess risk coverage, if any, is not part of the plan. Payments out of the plan to health care providers on behalf of the covered person will be based on the provisions of the plan. Collective Bargaining Agreement This plan is maintained pursuant to one collective bargaining agreement. A copy of the collective bargaining agreement may be obtained upon written request to the plan administrator, who may make a reasonable charge for the copy, and it is also available for examination by participants and beneficiaries at: Ochopee Fire Department 3301 East Tamiami Trail Naples, FL 34112 .-- ~~ 7 March 23, 1999 Item #16D4 BUDGET AMENDMENT TO PROPERTY & CASUALTY INSURANCE PROGRAM FUND FOR CLAIMS AND SETTLEMENTS FOR THE REMAINDER OF FISCAL YEAR 1999 Item #16D5 AWARD BID #99-2913 FOR TWO YEAR CONTRACT PRINTING FOR USE BY ALL COUNTY DEPARTMENTS - AS SHOWN IN ATTACHMENT "An OF THE EXECUTIVE SUMMARY Item #16E1 BUDGET AMENDMENT 99-171, 99-182, 99-183 AND 99-185 Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been directed to the various departments as indicated: Page 92 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 23,1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. 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 22 - 26, 1999 B. March 1 - 5, 1999 3. Districts: A. Collier County Housing Authority - Annual Financial Report FYE 9/30/98, Approved Budget FY 1998-1999, Registered Office and Agent, Schedule of Regular Meetings 1998-1999, Description of Outstanding Bonds fYE 9/30/98, Public Facilities Report, and Audit and Management Letter FYE 9/30/98 B. Collier Mosquito Control District - Public Facilities Report and District Map C. Port of the Islands Community Improvement District - Notice of meeting of February 18, 1999 and minutes of meetings held August 6, October 15 and November 19, 1998 and January 21, 1999 D. South Florida Water Management District - Comprehensive Annual financial Report FYE 9/30/98, Management Letter FYE 9/30/98, Schedule of Governing Board Meetings for 1998-1999, District Map 4. Minutes: A. Affordable Housing Commission - Minutes of meetings of October 22, 1998 and December 17, 1998 and January 21 ~ 1999 B. Airport Authority - Minutes of Meeting of January II, 1999 and agenda of February 8, 1999 C. Code Enforcement Board (South) - Minutes of meeting of January 8, 1999 D. Collier County Planning Commission - Agenda of February 18, 1999 and AGENDA .J;TEM No. I ~(;i { MAR 2 3 1999 Pg. ( minutes of meeting of January 21, 1999 E. Golden Gate Beautification Advisory Committee. Agenda of March 9, 1999 and minutes of meeting of February 9, 1999 F. Parks and Recreation Advisory Board - Agenda of February 24, 1999 and minutes of meeting of January 27, 1999 G. Radio Road Beautification Advisory Committee - Agenda of March 8, 1999 and minutes of meeting of February 8, 1999 AGEN~r;TEM No. I I MAR 2 3 1999 Pg. Z- March 23, 1999 Item #16H1 PURCHASE DESKTOP COMPUTER SYSTEMS FOR THE COLLIER COUNTY SHERIFF'S OFFICE FROM DELL COMPUTERS UNDER THE TERMS AND CONDITIONS OF STATE OF FLORIDA CONTRACT #250-040-99-1 IN THE AMOUNT OF $100,600.00 Item #16I1 - Moved from Item #7B RESOLUTION 99-177 DECLARING A NEED FOR AN EDUCATIONAL FACILITIES AUTHORITY TO FUNCTION IN COLLIER COUNTY, FLORIDA, AUTHORIZING THE AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS UNDER THE ACT, DESIGNATING AND APPROVING THE MEMBERS THEREOF Page 93 MAR 2 3 1999 Resolution 99- 177 A RESOLUTION DECLARING A NEED FOR AN EDUCATIONAL FACILITIES AUTHORITY TO FUNCTION IN COLLIER COUNTY FLORIDA; AUTHORIZING THE AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS UNDER THE ACT; DESIGNATING AND APPOINTING THE MEMBERS THEREOF; PROVIDING AN EFFECTNE DATE WHEREAS, pursuant to Sections 243.18 through 243.40, inclusive, Florida Statutes, (designated as the "Higher Educational Facilities Authorities Law" and referred to herein as the "Act") there has been created by the Florida Legislature a body corporate and politic to be known as the "Collier County Educational Facilities Authority" (hereinafter, the "Authority"); and WHEREAS, the Authority, under the terms of the Act, may not transact any business or exercise any power under the Act unless the Board of County Commissioners of Collier County (the "Board") shall declare that there is a need for the Authority to function within Collier County; and WHEREAS, the Board by this resolution hereby determines there is a need for the Authority to function, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: 1. The Board hereby finds that there is a shortage of educational facilities at institutions for higher education (as defined in the Act) in Collier County, and there exists a need for an Educational Facilities Authority to function in Collier County, Florida. Accordingly, the Collier County Educational Facilities is hereby authorized and empowered to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority as set forth in the Act. 2. The following persons, each of whom are residents and electors of Collier County, and at least one of whom is a trustee director, officer, or employee of an institution for higher education as defined in the Act, are hereby appointed to serve as members ofthe Authority for the terms set forth beside their names, and this resolution shall constitute a certificate of appointment for such members: For a term of five years: For a term off()ur years: For a term of three years: For a term of two years For a term of one year J.R. Humphrey Barbara Rosenberg Alice Carlson Ross Obley John Agnelli MAR 2 3 1999 3. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this~ay of March, 1999. ATTEST: DwightE. Brock, Clerk i.. ",_ - , < - " ". :Bv :.' , 11.:. ~ "". -' .' ' "", :,.;.YJ" . - "'" :~;.,~,,~;peputy Clerk, ' 'S '.'A{i~'~" :'~:;'ikttrt,;;i~n'~~ . ~(' sitJr- ~eff'iSa~:(~~ i.' '''{J.:_ .'''', -: ,. ~ ."', <..l~....~' 'I ' '..:. , ~ . '1" \..\ ". . .,~.. " ,'. ~~ . ~,v JSE~j "', ." . , -.....:1 '. Approved' as' to form and legal sufficiency: COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Pamela S. Mac 'Kie Chairwoman ~ March 23, 1999 Item #17A RESOLUTION 99-178 RE PETITION NO. OSP-98-1, DAVE SNEED OF KUHLMAN ENGINEERING, REPRESENTING AZAR GALLERY, REQUESTING APPROVAL FOR 20 OFF-SITE PARKING SPACES ON LOT 26, AND THE WEST HALF OF LOT 25, BLOCK B, NAPLES VILLAS TO SERVE AN EXISTING COMMERCIAL FACILITY ON LOT I, BLOCK B, NAPLES VILLAS WHICH IS LOCATED ON THE NORTHEAST CORNER OF AIRPORT-PULLING ROAD (CR-31) AND POINSETTIA AVENUE Page 94 . . . J ... ::1 ... .. .. >< V :J V :J C tl) 1-1 OJ 1-1 OJ ~ o o m o ~ o OJ '0 ~ o u OJ ~ I OJ D: -- .... - -..... .... =- ... - - u .... =8 - - ~ ~ ~i c::> u = -- .. - ~ ~_u -_:::~ _0... uu o ....... ..... - P') 0 sa U"') is...; C".I 8 Ii ..:1.... ~ ~!: C) 0::1 ....... ==:::; U"') ... . . ~ 0:: r-- ..= .... U"') .... ... 0IIIIIl::tI 1:1_ C".I - :: Q .... -- ~~ 8~ =- g ... " IE Ie., - 0"'_ ...-- 0..... ,..=_.... .~~E= _u__ '. ~I;~ =::IcJ .... This Agreement is made and entered into thiS~ J2? day of~aU,_ 1999, by and between g ~ ;Ii i ~ ~ 17A MAR 2 3 1999 RESTRICIlVE COVENANT AND OFF-SITE PARKING AGREEMENT Ahmad Mirziai., and the Collier County Board of County Commissioners (the "Board''). RECITALS WHEREAS, Petitioner is the owner of 989 Airport Road South, Naples, Florida (hereinafter the "subject property''), more particularly described as: Lot 1 Block B, Naples Villas, as recorded in Plat Book 4, Page 7, of the Public Records of Collier County, Florida; and WHEREAS, the Petitioner wishes to operate off-site parking facilities on land more particularly described as: Lot 26 and the west ~ of Lot 25, Naples Villas, recorded in Plat book 4, Page 7 of the Public Records of Collier County, Florida comprised ofRMF-6 zoning; and which petitioner also owns; and WHEREAS, the proposcd off-site parking docs not adversely impact thc character and quality of the ncighborhood nor hinder thc proper future development of surrounding properties; and WHEREAS, the proposed off-site parking is in conformance with all of the criteria set forth in Section 2.3.4.11.6 of the Land Development Code; and WHEREAS, the proposed off-site parking will provide twenty (20) new parking spaces which will serve to provide the necessary parking for the subject property; and WHEREAS, the Board of Zoning Appeals has passed Resolution No. 99- ill attached hereto as Exhibit" An, relating to Petition OSP-98-1, approving the proposed off-site parking. NOW, THEREFORE, in consideration thereof, the Petitioner agrees in his capacity as the owner of the subject property as well as the owner of the property which will provide the off-site parking: 1. That the above recitals are true and correct and incorporated herein by reference. 2. That the proposed off-site parking areas shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for the use in conjunction with the subject property and used so long as the off-site parking facilitates are required and that this Agreement constitutes a restrictive covenant. 3. That the petitioner shall bear the expense of recording the Agreement in the Official Records of Collier County which shall bind the property owner, his heirs, successors and assigns. -1- -="( :e. B " =m -.. _ I:t ~-~ _a ~ ,. g. c..n ... CD '-0 - ~ !':" ~ c..n ~== ~ ilS 0 I:t .. ~ iI= -- ::I B ~ ..m.._ . ...-- CllIICt ~ --~ p~~ e 5: .. =I~ .. CJC:) ~BC ..~ :::a.. .... . \ . "'ol _c _c .1(A MAR 2 3 1999 4. That the petitioner abide by all of the conditions and stipulations described in the Resolution No. 99- 178 and by the Site Plan noted as Exhibit "A" attached hereto and incorporated by reference herein. 5. That all of the requirements for a Board of Zoning Appeals determination for off-site parking referenced in Petition OSP-98-1 have been met and approved by Planning Staff. 6. That this Agreement supersedes and modifies any prior Parking Agreement which may have been executed between the Board and the then or cmrent owner of the subject property and the property which will serve as the off-site parking area. 7. That this Agreement shall remain in full force and effect unless and until terminated by the Board. 8. That this Agreement shall be voided by the Board if other off-site parking facilities are provided in accordance with the requirements of Division 2.3, of the Land Development Code. 9. That upon failure to conform to any of the provisions of this Agreement or the attached .. .. M- e ::a Agreement Sheet, this Restrictive Covenant and Off-Site Parking Agreement shall become void and of ~ no effect and the Petitioner shall be required to conform to all zoning regulations as contained in the .. ,... C) "'-I "'-I Collier County Land Development Code. ~ c.n ~ ..- t-g C'2 , . ~ :a.. " II"") n " .. .~ WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first c::> co ..- ..- M- M- ,.. ~ . .'.\.-. . , I.'," ..... . ,;,,' a~ove ~tten.. I ~':. .).~:~:.~.~.' l. '111 ,', ':_:";"'~..~~1I.", . .j ;.;::'.;.~t. ",,; ~. u. rftlLJ i)':,..;.., .. :.,r;,~";' . -,.. t.l~. .. . ."~", ,'1" "'A'.~ST " "~" ,'. '.:~>~..l'l'~ :.;....~..:...... "e~ t .. .~. ..)~.nWIGlFI' .' ao. CI~ - 1 .~. ....-.. _' "" .....'.. '. ',. , . , . .: ..1"". ~ ~.,~ r .~. t...,,_ ." ';; ,.. >> . '\~;; '!i I. '. ~ ,;.,.. f.. '."'1. e.- ;. ; . ~.;'.tt,;yti~:'f~~,C~'{rUn. s . ". I"~'f "to ".\.. ....' ,,<,;~., glta ur~.':;QA~~l\ ,:~., , '1 A .. .". \.'c' .. '..' . .'.: .....~~tn' 'I:t~ I ~.,,~...'~ ~.~..,~, .. WI ,~sses::. ,"ft). . . I.'~~...~:. '>)>," ", . :....' .... ~ ""'.1' . -':' ~. .....~;, ..;;.~' BOARD OF COUNTY COMMISSIONERS CO mR COUNTY, FLORID4- ~ PETITIONER AND OWNER OF LAND UPON WHICH OFF-SITE PARKIN FACILITIES ARE T .'J)/ Approved as to Form and Legal Sufficiency: .IY\~ 111. ~ Matjorie . Student Assistant County Attorney -2- 17 A MAR 2 3 1999 RESOLUTION 99--1Z8. RELATING TO PETITION NUMBER OSP-98-1 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, bas conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of off-site parking as shown on the attached plot plan, Exhibit "A", in an RMF-6 zone for the property hereinafter described, and has found as a maUer of fact that satisfactory provision and arrangement have been made concerning all applicable maUers required by said regulations and in accordance with Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 David Sneed of Kuhlman Engineering, Inc. representing Ahmad Mirziai with respect to the property hereinafter described as: Lot 26 and the west ~ of Lot 25, Block B, Naples Villas, as recorded in Plat Book 4, Page 7, of the Public Records of Collier County, Florida. be and the same hereby is approved for off-site parking as shown on the attached plot plan, Exhibit "A", of the RMF-6 zoning district wherein said property is located, subject to the following conditions: I I a) Prior to final site development Plan (SOP) approval, an Off-site Parking Agreement shall be approved by the Board of County Commissioners and tho applicant shall boar the cost of recording the restrictive covenant and off-site parking agreement in the Public Records of Collier County, and shall provide the document when submitting the final SDP for approval. -1- 17 A MAR 2 3 1999 b) Lighting shall be designed to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. c) The petitioner shall submit a final site development plan in accordance with Division 3.3 of the Land Development Code (LDC). d) The proposed parking lot shall be surfaced with asphalt or concrete and striped accordingly. e) A 1 S foot landscape buffer strip shall be provided along the residentially zoned property. This is to include a fence or berm as required in Section 2.3.4.11.4.(g) of the Land Development Code. f) No access shall be provided from the off-site parking Lot 26 and the west % of Lot 2S to any adjacent residential street. The access shall be as shown on the attached plot plan, Exhibit "A". \ BE IT RESOL YED that this Resolution relating to Petition Number OSP-98-1 be recorded in the minutes of this Board. c .. .. . This Resolution adopted after motion, second and majority vote. Done thiQ3 )-() day 'or-n~t.l,,- . 1999. I' (, C. I' .. c . _ ; ATTE&T:'- , - - Dr~!Ii'~Jl~O?K,,\ Clerk . "~'...,' ~,_.. - '-. '( r"l! . I. "'r.~' ~, / ,.... , . ' to;:. .7.. Jr< -,- . : -. :~~'." :.<,', .' ., ,.!It.:~. .. ."'. ....~~ _.'f_ ___ -"r .. 1C: " _.; ,k'1('r'"~, ," , "..,,'~~.I.'.. -c .' <-. ~AE.WJ~~tt9~tMutI~fi . 'f!~~4~r.~~~~~}~~:~~/ /: (:1 ' , YJ4 , .,.. , \"'0.., . '.,. )_ ~ . '. 'f ~~r.-. \I ~ ~,.'.l ~ ..:4. :: . .;! Ii.,. ""''.~ 410' .I!' ~'.~,:...:'~::: . ~ ,t-. ':ApproVed'wd~.'form and Legal Sufficiency: ; ~ " .,~ .):..~ ../. ( BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA r r .. . ~ BY: ~ PAMELA S. MAC'KIE, WOMAN Matjo M. Student Assistant County Attorney f10SP-9S-1 RESOLUTION! , , -2- J: ~ j Q \fl Co < o lot , ~ tL. IlL <' RECORDER'S MEMO: Legibility of writing, Typing or Printing unsqtisfactory in this docuITl,::nt I when received. L..:.:.__ ..__..__._._.__,_._ _..i 17 A ~ tt* OR: 2532 PG: 2212 *** ~ EXHIBIT It~.. IHOE WARa10USE ""9' ~)(Jf>l1NO STRUCfu"'E ~. I } i ~.'_: J I =z=::.... I I~ I~ ~ c;:.~~ t --=-, t I ......;..-- - __' _--J...---1-~ - :.' ;.: . f ~ . , ' , ; I: I.. , I . '1' , C10 ;_~ l!.eMOVE .-.e"t'1;"LT&.I~ST"Lt.' ....N~^,..e \ : ~ ! ~ u s L. -_.. ~ R ~ -,---,---- ~ I i I 9 I ~ ',_.....L__ _.,. b !f ---"'"""';'- I I --- wD'\ --0- 17'0" 15' lJ" EXI6TlNU STttUCTURE ; ;---r- . - ..- j' ----- \ . i': ' : '--I- Kl!lwlqlve ^"4PHN 1/10 IN51'.'" I l."N POIN8>ETn^ ^\I'E. --.-.---------------------- --_._-_._._--~-- BITE PLAN 1"=20' 7e' It " .. - It t i . ,....l..-..-~--=--=-==-~ l' ( ia -. \ . " -L. . ~ b .. LNlD8CAPE ^"'e March 23, 1999 Item #17B RESOLUTION 99-179 RE PETITION NO. V-99-1, RICHARD D. YOVANOVICH REPRESENTING COASTAL BEVERAGES LTD. REQUESTING A 17.8 FOOT VARIANCE FROM THE REQUIRED 50 FOOT FRONT YARD TO 32.2 FEET FOR THE PROPOSED EXPANSION OF A WAREHOUSE COMPLEX APPROVED IN 1992. THE SUBJECT PROPERTY IS LOCATED AT 4747 PROGRESS AVENUE Page 95 MAR 2 3 1999 RESOLUTION NO. 99- -US RELATING TO PETITION NUMBER V-99-1, FOR A VAJUANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 17.8-foot variance from the required front yard setback of 50 feet to 32.2 feet as shown on the attached plot plan, Exhibit "A", in an Industrial Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-1 filed by Mr. Richard D. Yovanovich of Goodlette Coleman & Johnson, P.A., representing Coastal Beverage, Ltd., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 17.8-foot variance from the required front yard setback of 50 feet to 32.2 feet as shown on the attached plot plan, Exhibit "A", ofthe Industrial Zoning District wherein said property is located, subject to the following conditions: This variance shall only apply to the structures identified on the attached plat plan (Exhibit "A"). -1- MAR 2 3 1999 BE IT RESOLVED that this Resolution relating to Petition Number V -99-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. ~?rn Done this ~ day of (Y'Cw(.~ , 1999. " ATTEST: ,... DWIG.H;T EljBa~c.K, Clerk . ,,'~' . (/I~ .., .. ...:~ ?'~{r?:\. ~ . c{\, , !. '~l~~:r:c , \ Jtt..s.~:.t'i~!:Ch~'~S .", !c1a"atur.4ft l.Y ~:-'. . , APProv~!1 as to~p~d 'L~~al, Sufficiency: I'd .j', ';.,.. '.~ "'; ....- ~. ,.. ,t "I.,...~.~, \ "" . . '. , ~ c ~~, \~ . .~' ~ I 711.. '. ., iJi,~ Marj~Student Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA fN-99-1 RESOLUTION -2- ,~.... ,. _<<l..... j. ,......._~...I -......,,' ..,... II tin. C",1III" co..". II.rl.... ......u .-nuI'.r', ,..., \~ II 10\ ,....t ~__I'" .t 1"'- ...rl....I.'.r_'.,r ..,. ,-,1_ USr tll." .1... PO' ..., II"... III' .....,.. I' ...,. ...~..'.I'. EI.t 'lOI.n "" ... tI.. ...,u._, hi"'" .. ,... NU'! ..eerl.... I" a.. 'ICe"" h 0.'. .... Ult. .... JIll .... u... e.UI., ,..." "voU' "_"'If t.,...1 ...... '........UI 11"..t MI. .........n ".&11....'. .._ tU.O' het. I. tII. fI0111ft' Of' Ie:ll". "' 11M ......,1 .....t. ~.Kr1....' 'II... C'VftU..l.... II.... ..1" _.,. II'" foe.. ...~1l.-... ..., 'H." h.tl .It... ....I.. ...~l.-'.. .... I.U ,..1.1 'III'M' ""'.. .,.-U...... "" 10." ...tl lll._ ....Ul n.~.'..". .... ,"." fn.., 111_' ......" ....11.-... te.. 'M." 'n... 0.... ...... ........-31. r... ....21 flu .. .... ..... .t ....t_l,.. .r u. ......, "..... "."'."1 ...DJlet 10...._... lor f.... ......... ....... ItII. _""1,. ..... .o..".,t, it... r.n '~r'." .".tlC'l I" ..._... .... r..tr!etl_. II 'Klf'l :0'''''''1''11.'' Icr.. o. 1.... .f' "' 1.... "..,t..... .t. It..... ." '1'1. .... 11..... ..1. ".U_ II ..I"" ....t.. :.,. .00' ~11. II!.... ~--;:;;" MERCHANTILE AVE . , .'-::::- O,A. S12, PGS. 659-660 .~r 60' ROAD EASEMENT -I : TO AIRPORT ROAD \ 1i ..! 3 '- 0:: 0 . , U) 0 ~ ONE STORY BUILDING 0 CD '" FINISH FLOOR <0 .-J ELEV. = 11.8 ~ <!. i' U , 0:: '" " W r 0 ~ 0 \~ \ G' CHAIN LINK FENCE__ \~ \ 8&'21'02'( 231.5& / .- -~.. 206,U "" .~+ ~~* ~; ~, ",0+ "" :..9 Z Z <r: f- Z +1 OU) Uw .....JO::: wU U<r: O:::w <r: (f) 0... ,.- \-z _W <t:iE :r:W ~~ <tel- <i" r<1 r<1 1-' Zco UJC\I ::r<1 W ' (/)(/) <!t:) We.. O<i" <!U) O<i" 0::: -. -0::: \ o' U)O ~,O+ ~~+ J a11 th.. ,.e. III _1IitI ....U1...' LIC .1 IHU.. )I. taww..l., .. ......... ..... as IAn. COIU... c...,. 'I""'''. IMt... MU "O"Uhhrl, .._.l~ .. ..u.... e__l.. .t ,... .....,....., co....... 01 .... ...u. Jh t...... .~ ,.-. ... JJ,.. of .... ...,... JI IcNU" ..........U. ...., ".... ,... to 'M ... If' ,,'111I_ .t tM p.....l "...... d.......... ;~:I~.~:'t;:~ :::,'::',:~":.::..::~: ::::~:-.:' t:::'" ......1 d...'.... I. ..... r.c...... III D.I. 100. Uti. ....' 1207 :::'::':;~I ::.:" ':::'I.:.~~' .:~:-:::;' ..."" 't' -1.'-1'- _'10 n.... eNU t"'" ..nlli ...........17. ".t 'lI.n ho', ~= =:: :::::~;=;: ::: ~:1~~,'~:~:, tI,... ..nil .,........". ..., U'.II I.., to UI. h'" at """'''' .r 1M ...., ......t. '..eeIN" ,_,", to ......u. ... .... ...',..... .1... U.o .aut.....l' 10.... f.., ,......... ... ...,.., t. 'It ...-ft' '0' uti Llty ........ d.... ,.. ....tMl'a, ..... I.., ., tlto '''''''1, 4311.00 r.... .ad ".'..t to .. ..._e. r.t' 01.'1..... ...Ulttl.. .... b.I',,, .tltlp .J..... tit. ........1, JD." feu "'....or' CHt.''''" 5." ...,.. .t "ft. .... ... 1.... b.nl,... u. b..of, CMII t", .." U.. ., ..td ".tlo. 36 bet.. louD 0...01....,.. ,..,. MAR 2 3 1999 " f 6' CHAIN LINK FENCE N 8&'Oe'30'( 425,00 ,10' ( Q........... I \" \ I/J I S8!. ~ ~o ~ ~~I ; EASEHEN f 'i -F UTILITY .~ PROPOSED WAREHOUSE EXPANSION ... '0 ... '" -~' -~' I -I I w :} I ; I ~ ,\0+ ,,' "'~+ '0' ",0+ '0' o <l <D r- ';;if o "" Vl' O' ..- -0.; o a: Cl. \ -.. '.~ i r-- -- - - r - - - - -- I 0.0. I Ie.. 1- 0:: ,I- ~o,rL-.;cn tr - - -fi'l- - - - I e , ,... ,,~ - '= . I- ~11 ~ :2 C '" .... '" (.; <> l.l. .... CI ., ~ u. '" .., '" " <> 0 .... V <l u. ,\O~ ~' I ~~+ I ..' I ~.771cREs: ___ ' I I _____ EXISTING I STORY CONCRETf - V 1 bLOCK STRUCTURE ..0+' \ ~O+ \ '\' I I~' , P~RCe:~ I PARCEL pURV~YED AND DESCRTI3EU ~EREON 7.43 ACRES:!: TOTAL' ~+ I ,~+ ~. '!l' VL\.C.MJX LOT I PINES B PALMETTOS 00+ "" ,\0+ "" ~~+ ~' IlJ Cl'I , N ~IN o CD 00+ ~ ft')q' o o Vl \ f:l~O+ o~+ '~' "" ,,0+ "" ,,0+ '0 ' ~O+"j ~' ",'q \ " ? '" 0'" :.-~ "'- , ell .,,,, o ....J ..J ~ .,: ",0+ ~' ~O+ ,0+ ~~ .. ~,v ~. ""'" --\ :... \ - FOUND CONC, MONUMENT _0,62 NORT~O.oo 5 8i'21' 02 - ",0+- .. A)\+. "" 14L04 ... ,,', P.O.8.~ "" PROGRESS AVE. 60' R IW ",0+ '0' n 1t ,0+ "'- ...J W U cr:: ..: il.. ,0+ "" 2,~' "'6.3' \. ...J W <.:l a:; < ,0+ ~ "" u.. 0 a:; I W Z .... a:; ~, 0 1 U W ,\0+ Z '\. ..'" 35,0' 2....J' 46.5' ~O <h'. j &: O.R. 1464. PGS. 328-334 5 30~A~ EASEMENT q,O" q,' . ,~, ~' ..0+ ~. 10+ 5il.04 5 8i'21'02'1I <il~ + ~ q,' ~ ~ <il"+ ASPHALT' '\. PAVEMENT "'~ q,' u; ". C( ,., .... .n ~ ". en !:2 en <i ". !:2 ,~+ ~' LANDS RECORDED IN O.R. BOOK 1278 PAGES 1207-1208 1/4 CORNER CONe. MONUMENTI,,\ t:'VTTTnT,.,., Description of parcel located in part of the northeast 1/4 of Section 36, Township 49 South, Range 25 East, Collier County, Florida (Naples Production Park, not recorded) (por Ed McNamara) (Parcel 1) (Revised 3-20-91) All that part of the northeast 1/4 of Section 36, Township 49 South, Range 25 East, Col11er County, Florida, being more particularly described as follows~ Commencing at 'the northeast corner of said Section 36~ thence along the east line of said Section 36 South 000-00'-36" East 730.00 feet to the POINT OF BEGINNING of the parcel herein described~ , thence continuing along the east line of said Section 36 South 000-00'-360 East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278, page 1207 and 1208, Collier County Public Records; thence along the north line of said deed South 890-21'-02" West 591. 0.4 feet~ thence North 000-01'-50" West 1.92 feet~ thence South 890-21'-02" West 30.00 feet~ thence North 050-21'-05" West 381.63 feet~ thence North 890-21'-02" East 231.59 feet; thence North 000-00'-27" West 186.20 feet; thence North 890-06'-30" East 425.00 feet to the Point of Beginning of the parcel herein described~ subject to easements for road purposes along the westerly and southerly 30.00 feet thereof, and subject to an easement for utility purposes along the northerly 10.00 feet of the northerly 425.00 feet and subject to an easement for drainage, utilities and buffer strip along the easterly 30.00 feet thereof~ containing 7.43 acres of land more or less; bearings are based on the east line of said Section 36 being South 000-00'-36" East. WILSON, HILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors EXHIBI'r "13" MAR 2 3 1999 Item #17C March 23, 1999 RESOLUTION 99-180 RE PETITION VAC 99-004 TO VACATE THE 25' WIDE DRAINAGE EASEMENT ON LOT 4, THE 25' WIDE DRAINAGE EASEMENT ON LOT 5 AND THE REMAINING 12' WIDE DRAINAGE EASEMENT ON TRACT A, ACCORDING TO THE PLAT OF nQUAIL CREEKn PLAZA PHASE 1n Page 96 Retn: CLBRK TO THB BOARD INTBROffICB 4TH fLOOR BIT 7240 2452637 OR: 2527 PG: 1140 RBCORDID in the OffICIAL RBCORDS of COLLIBR COUNTY, fL 03/25/1999 at 09:29AI DWIGHT I. BROCI, CLBRI RIC 'BB 19.50 COPIBS '.00 MAR 2 3 1999 RESOLUTION NO. 99-.J.aQ... PETITION VAC 99-004 TO VACATE THE 25' WIDE DRAINAGE EASEMENT ON LOT 4, THE 25' WIDE DRAINAGE EASEMENT ON LOT 5 AND THE REMAINING 12' WIDE DRAINAGE EASEMENT ON TRACT A, ACCORDING TO THE PLAT OF "QUAIL CREEK PLAZA PHASE I" AS RECORDED IN PLAT BOOK 15, PAGE 73, PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 20, TOWNSIDP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Robert S. Hardy, as agent for the petitioners, Joseph D'Jamoos and First Anesthesia Associates, P.A., does hereby request the vacation of the 25' wide Drainage Easement on Lot 4, the 25' wide drainage easement on Lot 5 and the remaining 12' wide Drainage Easement on Tract A, according to the plat of "Quail Creek Plaza Phase 1" as recorded in Plat Book 15, Page 73, Public Records of Collier County, located in Section 20, Township 48 South, Range 26 East; and WHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easements as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to reconi a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. , ". . This Resolution adopted after motion, second and majority vote favoring same. " , D.~tEh~'~~~4f1 r A'f'TE.ST:. , ('. " ~&~~Y ",,' .,' ,. toe, c ,_ , "". """, ",< ~ -:-AttestIS. to Chiimn's , . " (Wrf,t~isqg ~qn:~d legal sUffl~lcm.,...F,' ~.:,a.... '.J..~ \. \A'J/\. /\ . . ~. . IJI V .....- eidi F. Ashton. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COL COUNTY, FLORIDA ~ /i BY: l.A.....1 J\MELA S. MAC'KIE, C o W U' . zOO <00 t-uiui V"lNN is w3 j 6 '00 '00 OJ ~.-- < U ""0> ~La.JOO wQ:Cnc, zoOOoo ~ ZU'l W Z~N ::.....J-J o .. r.:l ...:l -c:x: 0 o .. 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(....) =* =* =* March 23, 1999 Item #17D ORDINANCE 99-23 TO AMEND THE PARK IMPACT FEE ORDINANCE 88-96, TO ELIMINATE THE COLLECTION OF COMMUNITY PARK IMPACT FEES IN THE MARCO ISLAND DISTRICT ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:40 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER IT CONTROL ATTEST: ?WIGHTiE. BROCK, CLERK 'I."." h: ~~~'''''7,4 e '" These minutes approved by the Board on ~/ ~l~ /jY;r1 as presented or as corrected Page 97 March 23, 1999 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 98