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Backup Documents 11/17/1998 RREGULAR MEETING OF THE BCC ~IOVEBMER 17, 1998 ~) ~ &1~4~16 NAPLES FL ~J, li71o~016 R£FERENCE: 001~.~0 ~Yl 2~33 5~9 NOTIC£ OF PUBLIC NEE MJ~&.~IED ON: 11/15 kD SPACE: 53.000 INCH FI~ 0~: 11/16/98 8 ARD~' OF COUNTY ~UNTY ~.rY CC)~S~N I CC70~2T EXPIRES Aprff I0. 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 17, 1998 9:00 a.m. NOTICE: AI,L PERS{)NS WISIIING TO SPEAK ON ANY AGENDA ITEM ,~lus-r R~:GIS'rER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITtl TIlE COUNTY ADMINISTRATOR PRIOR TO TIlE PRF.~;ENTAT1ON OF TIlE AGENDA ITEM mo BE ADDREqSED. REQUI-2~TS TO ADDRESS TIlE B¢)ARD ON SUBJECTS WliICil ARE NOT ON Tills AGENDA ,MUST BE SUBMITTED IN WRITING WYI'H EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO Tile DATE OF THE MEETIN(; AND WILl. lie HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDF~ TO APPEAL A DECISION OF TIIIS B¢)ARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING THERETO, AND TltEREFORE MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WIIICll THE APPEAl. IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5I MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TItE CllA IR.MAN. ASSISTED LISTENING DEVICE.$ FOR TIlE [IEARING IMPAIRED ARE AVAILAIII,I'~ IN TIlE COUN'I~' COMMISSIONERS' OFFICE. LUNCII RECE.~;S SCIIEDULED FOR 12:00 NOON TO I:00 P.M. 1. INVOCATION - Father William Kehayes, St. Katherine's Orthodox Church 2. PLEDGE OF ALI. EGIANCE A. SWEARINU IN OF COMMISSIONER MAC'KIE AND COMMISSIONER ELECT JAMES D. CARTER, I'h.D, by Judge William Blackwell 3. APPROVAI, OF AGENDAS Approved and/or Adopted w/changes - A. APt'ROVAL OF CONSENT AGENDA. II. APPROVAl. OF SUMMARY A(;ENDA. C. APPR¢)VAL OF REGULAR AGENDA. 4. APPROVAL OF M INUTE.q 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS I Novcmbcr 17. 1998 I ) Proclamation proclaln~ng week of November 22-28, 1998 ns Farm City Week. To be accepted by Mr. Chris DeCubellls, Agriculture and Livestock Agent. Adopted - 5/0 2) Proclamation recognizing the efforiz of Mr. Skip Camp. Adopted - B. SERVICE AWARDS Presented I ~ Susan Peck, Library - 5 years 2) Ramona Daugs, Domestic Animal Services - 5 years 3) Nancy Adler, Code Enforcement - I 0 years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CIIANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I ) Staff analysis of the Tourist Development Tax Program Report Presented and Staff to ~t up Workshop 2} Approve funding for ~e Tourism Alliance of Collier County, the Naples A rea Chamber of Conunerce, and the Marco Island YMCA Naples Area Chamber of Commerce amendment only - Approved - 4/1 (Commissioner Constantine Opposed) 3) Discnss Ordinance No. 96-78, the Collier County Code Enforcement Ordinance, to consider the sunsettlng ora Code Enforcet,~ent Board. Option I Approved - 4/0 {Commissioner Constantin~ B. PUBLIC WORKS I) Report on the use of Fund 195 as a source of local matchi.g funds for Ihe Lake Trafford restoration project. Report Accepted CONTINUED TO DECEMBER 1, 1998 2 November 17. 1998 2} Approve the l.ivtng.~ton Road utility facilities reimbursement and contribution agreemenL 10. ADDED A. 11. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Master Space Plan for the Main Government Complex. Approved - 4/0 (Commissioner Constantine Out) E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS Requeat for reconsideration of Lely Guardhott,,e Issue (Commissioner Con.ntantine) Approved - 3/2 (Commi.~ioner Berry and Commiasioner Norris Opposed) OTtlER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS David Shealy regarding Skunk Ape and Ihe Everglades Ty Agoston regarding Tax Payer~ Participation in Board Me~tix,gs PUBLIC itEARINGS WILL BE HEARD IMMEDIATELY FOLLO'*~ ING STAFF ITEMS 13. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREtlENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTttER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 3 November 17, 1998 14. 15. .~TA FF'S COMMUNICATIONS Commissioner BenT Appointed to the FACC - 4/0 (Commissioner Constantine out) BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Commi.~ioner Mac'Kie regarding a hearing before the Ethics Commission 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate di~ussion of each item. If di.seua~ion is desired by a member of the Board, that iten~s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 Ao COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I} 2} Approval ora resolution to revise the policy and procedures for vacation and annulment of plat~ or portions of plat~ of subdivided land, road right-of-way, alleyways, and public dedication easemen~ conveyed to the County or public hy grant of easement or similar instrument recorded in the Public Records. Resolution 98465 ADDED Recommendation to approve Commercial Excavation Permit No. 59.664, "Jaclde Week.~ Homesite and Commercial Excavation" located in Section 29, Township 47, South, Range 28 East: Bounded on the north, east, south, and west by vacant land zoned Estates, and also on the south by 66~' Avenue, N.E. With stipulatiortn 3) Request to approve for recording the Final Plat of Not '-h Collier Indnstrial Center and approval of the performance security. (StatUs Request) ADDED 4} Request to approve the Final Plat of Jasmine Lake {StatUs Renuest', IL PUBLIC WORKS I ) This item has been deleted. 2) Amend Construction ,Management Contract for the South Naples Community Park, Project 80037, 3) To approve the assignment of the Professional Services/Managemont Contract {The Agreement) between Gar'), L. Moyer, P.A. ("Moyer") and Collier County dated October 6, 1992 for Management Advisory Services for Pelican Bay 4 November 17, 1998 Services Division (Pelican Bay Municipal Tatar and Benefit Unit'} to S~vern Trent Environmental Services, Inc. ("S 17. 18. C. PUBLIC SERVICF-~; I ) Authorize installation and funding of additional humidity control equipment in the Medical E~miner's building. D. SUPPORT S ERVICF. C; E. COUNTY ADMINISTRATOR I) Approval of changes to the Senior Management Fringe Benefit Plan. 2) Budget Amendment Report Budget Amendment 99-027 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1 ) Miscellaneous items to file for r~cord with action as directed. II. OTHER CONSTITUTIONAL OFFICERS I ) Recommend that the Collier County Commission endorse the United SL~te~ Department of Justice Federal Equitable Sharing Annual Certification Report. 2) Recommend that the Board of County Commissioners accept the Local Law Enforcement Block GranLs Prosram Award from the U.S. Department of Justice and approve the Budget Amendment. 3) Recommendation to approve the use of confiscated trust funds to purchase crime prevention materials. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY SUM~,IARY AGENDA - THIS SECTION L~ FOR ADVERTISED PUBI '~ ;i~..,,~ .?'3 AND MUST MEET THE FOLLOWING CRITERIA: !) A RECOMMENE:,~'IION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY TIlE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRI I-l'~N OR ORAL OBJEC-ftONS 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 ti'EMS ARr. SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. ADJOURN 5 November 17, 1998 INOUIRIF~ CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT T74-$~:). 6 November 17, 1998 AGENDA BOARD OF COUNTY COMMI$~iIONERS' MEETING NOVEMBER 17, 19981 ADD: ITEM 2(A) - SWEARING IN OF PAMELA S. MAC'KIE. (BCE') ADD: ITEM lO(A~ - REQUEST FOR RECONSIDERATION OF LELY GUARDHOUSE ISSUE (COMMISSIONER CONSTANTINE). dDD: ITEM 16(A~(3) . REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF NORTH COLLIER INDUSTRIAL CENTER AND APPROVAL OF THE PERFORMANCE SECURITE 6~TAFF'S REQUF~T). diDO: ITEM 16(A1(4~ - REQUEST ro APPROVE THE FINAl. PLAT OF JASMINE LAKE (STAFF'S REQUEST). CONTIN[IE: ITEM 8(B)(2) TO 12/I MEETING: -APPROVE THE LIVINGSTON ROAD UTILITY FACILITIES REIMBUR.~EMENT AND CONTRIBUTION AGREEMENT (STAFF'S REQUEST) IVOTE: SET BCC WORATItOP DATE FOR TttE PUBLIC INFORMATION OFFICE MASTER PLAN. WHER£A$, WHEREAS, WHEREAS, November 22 - 28 is National Farm City Week, a time set aside to recognize and honor the contributions of our county'~ agriculturi~'t$ and to strengthen the bond between urban and r~ral c/t/tens; and, agriculture is a vita/l? important element in Co/I/er County'~ economy, with over ~300,000,000 in sale~ generated annua/Iy; and, CaIh'er County rank~ 21~ naNonalIy out of the naNon'~ $,1§0 counties in total value of crops sold; and, the Board of Collier Count), Commissioners supports local agriculture the University of Florida's, WHEREAS, all the contributions ~ ond NOW ,f 'ofColller O~r~ E BROCK, ~LERK 1998. BOARD OF COUN1? 60td~£$STONER$ COL. tiER COUNTY, fLORIDA PROCI. AA4A TION WHEREAS, Colh~r County has a program tho t recognizes employees for outstandt)~g effort and hard work; and WHEREAS, the program t~ limited to non-management employees; and, WHEREAS, on occasion a management employee so distt~guishes him or herself that spec~bl recognition t3 warranted; and, WHEREAS, Mr..Sktp Camp has through ht~ recent efforts negotiated and A~oh'zed compl/ca ted four-party con trac tuol agreements on behalf of aA/Co/her County employees and cihkens; and, WHEREAS, as a result of Mr. Camp'S extraordinary effor:$, o 5ubway and bunkin' Donuts have now been made available to everyone who works or w~its the County Government Comp/ex; and, WHEREAS, addit~bnaI productivity can be expected from County employees as a result of this new convem~nt amenity: and, WHEREAS, nt)~e cents of every dollar collected from the f q, o~ d operation will $o toward improvements for the handicapped ,,i ~7 NOW THEREFO~-.~ be it proclaimed by the Board of Count'/Commtsstoners of ~ljl~ounty, Florida, that the efforts of ~. 5kip Camp, Collier Counts Fac/lit/es mamgeme~t D/rector, have war--ted this pmcl~tion of special recognition and appreciation en behaff of all who work with and visit the Coun~ Government Complex. DONE AND ORDERED T~ 17th Day of November, 1998. BOAI~ OF COUNTY COMtA-r$SIONERS CO~ER COUN ~ FL ORID A A TTE5 T: ROCK.'EERX FIRST AMENDMENT TO TOURISM GRANT PROGRAM FUt. FILLMENT AGREEMENT Tills FIRST AMENDMENT, is made and entered into this day of/~13U..._~-t~_Q ,1998, and hereby amends thc Tourism Grant Program - Fulfillment Agreement by and between thc Naples Area Chamber of Commercc~rcin and herein referred to as "GRANTEE," and Collier County, a political subdivision of thc State of Florida. therein and herein referred to as "COUNFY," said original Agreement dated September 3''~. 1997. RECITAI,S WItEREAS, thc COUNTY and thc GRANTEE recognized that the funding provided for in the September 3, 1997 Agreement would be inadequale to fund thc operations of GRANTEE rot the entire contract period of one year; and WIIEREAS, thc GRANTEE has applied for additional funds in thc amount of $55,688.67 to be used in accordance with thc lerms and condilions of thc September 3. tO97 Agreement; and WtIF. REAS. in order Io accomplish thc above-described request, it is necessary to amend Section I, Scope of Work, and Section 2. Payment. as sci forlh in the September 3. t997 Agreement; and WtlEREAS, for case of review, both sections have been set forth in their entirety below with thc amendments m icxl noted in underlining for additions, and strike-through for deletions. WITNESSETIt: NOW. TtlEREFORE. IT IS MUTUAI,LY AGREED that the September 3. 1997 Tourist Grant Program Fulfillment Agreement between Grantee and County is amended as follows: I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," as amended, thc GRANTEE shall provide fulfillment of inquiries resulting from thc advcrlising and prnmotion of Collier County. 2 PAYMENT: Thc amount to be paid under this Agreement shall be .r?:~::: ,~$75,...a00.~,~. ~;130,685.67 (total maximum navment heine comoosed of an ori~,inal ar'ant of $75,000 plu~ aq increase itl ~uch amount o~r$~,688.67 as approved by this amendmen0, Thc GRANTEE shall be paid in accordance with fiscal procedures of thc County for expenditures incurred for thc promotion and advertising experts, cs as described in Section I upon submittal of an invoice and upon verification that thc services described in thc invoice are completed or thai goods have been recei',ee. GRANTEE shall determine that thc goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Admmistralor or hi:. designee shall determine that the invoice payments are authorized and the goods and services covered ~ ! such insoice have been provided or performed in accordance with such authorization. The ~m¢l'lded line item budget attached as Exhibit "A" shall constitute authorization of the expenditure 'f~..,.: ? : :- 'h: invoices provided that such expenditure is made in accordance with this Agreement Each invoice submitted by GRANTEE shall be itemized in snfficicm detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or perfo~nance of the services invoiced. GRANTEE shall certify in writing that all subcontractor~ and vendors have been paid for work and materials from previous payments prior to receipt ofa~y further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-aodits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed thc total amount for various line items and up to thc maximum amount bodgctcd pursuant to the At~achcd "Exhibit A". Thc arnounts applicable to the various linc items of Exhibit "A," subject to thc maximum total amount, may be increased or decreased ' 8A2 by up to ~n percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of an), line item mus~ be authorized by the County Administrator or his designee. 4. All remaining provisions of the Tourism Grant Program Fulfillment Agreement dated S~ptember 3, 1997, except as specifically m-aended in this Agreement, shall remain in full force and effect. Words #~rtimrd Ire idded; w~ ~ I~ d~ ~ IN ~S WttEREOF, ~c G~N~E ~d CO~ have ~h rc~ively, by ~ ' ~ ~ or ~L hereun~r ~l ~eir h~ ~d ~ls on ~e ~e ~d ye~ fi~ a~ve w~. ' '-~, D~:~ ' ~A~ oF co~ CO~ZSS~ONG~ ..~~L ~O CO~R CO~, FL~A ~ _ . ~, (I) ', N.~ Area Ch.m~r of Commerce ~ ~C . I'R I,'~TED~r~?ED NAk~E Or...r./, t~L,.. .. t PRINTED/TYPED NAME (Corporate seal) COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tomiarnl Trail East Naples, Florida 34112-4902 Telephone: (941) 774.8400 FAX: (941) 774-0225 ~rnoil: af~orney@naples.nef Via Facsimile (262-6092) November 16, 1998 Heidi F. Ashton Romlro Mofiolich Thomas C. Palmer Michael W. Pe~tit Morjorie M. Sludent Melissa A. Vosquez Rodne¥ C. Wade Rober~ N. Zachor~ Jason H. Korn, Esq. CUMMINGS & LOCKWOOD 3001 Tamiami Trail North P.O. Box 413032 Naples, FL 34101-3032 Re; Collier Count)' *: Lely Barefoot Beach ProperO' O~vners Association, Inc., et al. Appellate Case No. 97-1055-CA-TB Code Enforcement Board Case No. 96-012 Circuit Court Case No 95-0073-CA-01 Dear Jason: I am in receipt of your letter dated November 13, 1998 regarding the above styled cases and the agenda item heard by the Board of County Commissioners on November 10, 1998. I also received on November 16, 1998 a copy of a Notice of Settlement Agreement which you have filed in this action In response to your letter and Notice, I must at this time empMsize that the Board's vote on November 10th for approval of a settlement agreement is not a fin&l vote because the vote is currently the subject of the reconsideration process authorized and set forth by Collier County Ordinance. as codified, at Section 2-41 of the Code of Laws and Ordinances of Collier County. Florida (1 am including a copy of said Section for your review) You and yot~r clients were present at the November 10th heating and witnessed Commissioner Conttar, tine's comments on the record indicating that he was immediately requesting an agenda it-..., for reconsideration of the Board's vote regarding the settlement agreement at the next week's Board meeting. Mr. Constantine's motion for reconsideration is expected to be heard as an add-on item to the agenda on November 17, 1998. The authority of a governmental body to reconsider a vote on an agenda item pursuant to its duly promulgated procedures is well established. See Board of County Commissioners of Sarasota CounO' v. Webber, 658 So. 2d 1069, 1071~1072 (Fla. 2nd DCA 1995), citing Crcnvford v. Gilchrist, 64 Fla. 41, 59, 59 So. 963, 1969 (Fla. 1912) as well as other Florida car~. Based on such authority, I must strongly disagree with the statement in your November 13th letter that the homeowners associations consider the settlement agreement to be a valid and binding contract and in reliance thereon will now take actions consistent with and in reliance upbn the contract. Novemb~' 16, 1998 Page 2 You are hereby informed and advised that your clients are not legally entitled to rely on the existence of a settlement agreement and should not take any actions associated therewith until at least such time as the County reconsideration procedure is concluded. You are also hereby informed that unless there is Board direction to the contrary, I shall file an objection to your Notice o£ Settlement Agreement that you have unilaterally filed with the Court in the above styled case numbers. Once the reconsideration procedure is completed, the County Attorney's Office will advise you appropriately and act accordingly. Sincerely. Ramiro Ma~alich Chief Assistant County Attorney RM:gb Attachment David C. Weigel, County Attorney Board of County Commissioners Robert F. Fernandez, County Administrator Thomas W. Otliff, Administrator, Public Services ADMINISTRATION § 2-36 ARTICLE I. IN GEN~ERAL Sec. 2-1. Purchases from state division ofeor. rections. 'fEe sheriff, the board of county commissioners, or any school or public institution or agency fi- nanced by count)' or municipal funds, is autho- rized to purchase and the state division of correc- tions is authorized to sell any item, including brick, produced, processed or manufactured by the division not required for use therein or for use in an)' institution under the supervision of the board of commissioners of state institutions. CLaws of Fla. ch. 65-845, § 1) Editor's note-The act codified in the above ~.~:tion t~L~wlofFla ch 71-29 Sees. 2-2-2-25. Reserved. ARTICI.E I1. BOAI[I) OF COUNTY COMMISSION'ERS' DIVISION 1. GENERAI.LY Sec. 2-26. Franchises generally. In addition to all other powers granted by law, the county acting through its board of county com- missioners may exercise its power of government for county purposes by granting exclusive or non. exclusive franchises to persons and municipal and quasimunicipal bedies for the performance of any proprietary function, authority or power, or part thereof: and limit, condition, regulate and other- wise control the use and performance of such fran- chise. No such franchise shall extend into nor con- flict with any incorporated municipality within such county. The board of county commissioners may not regulate or control the usc of such fran- chise granted to any utility subject to the juris- diction of the public service commission, or coolY °Sp~clal act reference-Special acta pertaining to tx~d of county ¢omrniuioner~. § 202-26 et I~1 State law reference-General authority relative to meet. ing~,FS § 1250111gal. eratives organized and existing under the rural electrification cooperative law of this state. (Laws of Fla. ch. 61-557, § 1) Edltor's note-The act codified in the above section repealed az a ~tate act and assumed ordinance status pursuant to Laws of Fla. ch. 71-29. Secs. 2-27-2-35. Reserved. D~-ISION 2. MEETINGS SeE. ~-36. General provisions. (a} Regular meetings. The board ofcounty com- missioners shall normally hold its regular meeting at 9:00 a.m. each Tuesday, except on a day dcsig- hated az a holiday. Meetings may be postponed or cancelled by board action. Meetings shall nor- molly be held in the county courthouse, East Na- ples, and shall be open to the news media and the public. Meetings may be held in other locations within the !b) Special meenngs. When the chairman or a majority of the board calls a special meeting, the clerk shall be notified to inform the county ad- ministrator, the county attorney and represents- fives &the press setting the place, date and hour of the meeting and the purpose for which the meeting is called. ecl Agenda. TLere shall be an official agenda for each meetinl of the board, which shall deter- mine the order of business conducted at the meeting. (1) The board shall not ~'te action upon any matter, proposal, report or item of business not listed ,' .,~ ..... ~. ,,.~..'. -tel agenda, unless a majoriLz of the board pre~ent consents. The county administrator shall prepare each agenda in appropriate form approved by the board. Matters may be placed on the agenda by the county administrator, any county commissioner, the clerk, the county attorney, and the constitutional officers. The agenda shall be prepared and distrib- uted not later than four days preceding the regular meeting. CD2:7 IOA COLLIER CObqqTY CODE Idl Presiding officer, election, duties. The pre- siding chairman and vice-chairman shall be elected by a majority of the members of the board of county commissioners and said election shall occur at the first regularly scheduled board meeting in ,lanuar..' of each year. In the event that the chairman anrL,'or the mace-chairman are not reelected a~ county commissioners in any given year, the board of county commissioners shall elect a chairman ands'or vice-chairman, ms applicable, on the third Tuesday after the first Monday in November to temporarily serve until the first reg- ularly scheduled board meeting in January. at which time the scheduled election sh,'fll take place. However, the chnirmnn and the vice-chairman shall serve at the pleasure of the board. The vice- chairman shall preside in the absence of the chairman. The chairman shall become the pre- siding officer immediately after his election. The chairman shall preserve order and decorum at all meetings. He shall state every question and an- nounce the decision or the commission on each item of business. The majority vote of the mem- bers present shall determine all questions of order not other~'ise covered. The chairman may vote on any question, hi, name being called last. The chairman shall sign all ordinances, re~olutions and legally binding documents adopted by the com- mis.~ion during his presence. In his absence, such ordinances, resolutions and legally binding docu- ments shall be signed by the presiding officer. (e! (_'all to order. At the hour appointed for the meeting, the chairman -.hall ir mediately call the board to order. In the absence of the chairman and the vice-chairman, the clerk shall determine if a quorum is present and call for election of a temporary chairman to serve until arrival of the chairman or vice-chairman. ~O Quorum. A majority of the board shall con- stitute a quorum. No resolution, legally binding document or motion shall be adopted by the board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the chairman, vice-chairman, or in their absence, the clerk or his designee, may adjourn the meeting. (10 Rules of debate. The following rules of de- bate shall be observed by the board. Except ms herein provided questions of order and the con- duct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. W'hen a mo- tion is presented end seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until _the question is decided. These coun- termotions shall have preference in the order i'n ~'hich they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2~ Chairman participation. The presiding chairman may move, second and debate from the chair, and shall not bo deprived of any of the rights and privileges of a com- missioner by reason of being the presiding chairman. (3~ Form of address. Each member shall ad- dress only the presiding officer for recogni. tion, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. Interruption. A me'abet, once recognized, ..hall not be interrvpted except by a call to order er as herein ctherwise provided. If a member is called ~o order, he shall stop speaking until the question is d :termined by the presiding officer. Any member may appeal the decisio-~ '. ti~c ...... : ' ~he board for decision by m~:jority vote. Privilege of closing debate. The commis- sioner moving for the adoption of an ordi- nance, resolution or other act shall have the privilege of closing debate unless oth- erwise directed by the chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief sLatement or file a written explanation of his vote. CD2:8 ADMINISTRATION § 2-41 h~ Minutes. The minutes of prior meetings proved by a majority of the members present shall become the official minutes. Each resolution, or- dinance and legally binding document shall be signed by the presiding officer at the meeting and by the clerk and entered in the minutes. ~Ord. No. 75-16, § U1); Ord. No. 85-20, § 1; Ord. No. 87.14, § 1; Ord. No. 89-04, § 1; Ord. No. 90-27, Sec. 2-37. Addressing the board. a~ If a subject is not on the agenda for a meeting of thc board of county commissioners it may be added by motion and a majority vote that the sub- ject should not be delayed until the next meeting. ,b~ Any person appearing to provide the board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: ~I ~ Prior to addressing the board the speaker shall approach the front center of the con- ference table and clearly state his full name, home address, the person he represents and the subject o£ his address. 2~ Before providing factual information or ex- pen opinion the speaker may ask, and any commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth,.~-~ not incon- sistent or contradictory.with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the beard. Each commis- sioner, staff member and county employee shall take the oath one time and be consid- ered under oath during the term of his of- flee. Those asking questions or desiring to com- ment on a matter before the beard shall not be required to take the oath. ~r,y commis- stoner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to five minutes unless granted additional time by majority vote of the board. All remarks shall be to the beard as a body and not to any individual member. No person othbr than a commissioner shall discuss directly or through a commissioner, without authori- zation c~ :he presiding officer. ~4) Any person making impertinent or slan- derous remarks or who becomes boisterous shall be instructed to remain silent by the presiding officer, until permission to con- tinue is granted. fOrd. No. 75-16, § I(2)) Sec. 2-38. Sergeant-at-arms. The county sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the board of county commissioners and shall carry out all or- ders of the chr~:rman to maintain order and de- corum, ;Ord. No. 75-16, § I(3)) Sec. 2.39. Action to be taken by resolution, ordinance or motion. Each action of the board of county commis- sioners shall be taken by resolution, ordinance or legally binding document approved as to form by the county attorney, except approval of adminis- trative matters :~my be by motion adopted and recorded in the ?,inures. (Ord. No. 75-16, § 1(4)) Sec. 2-40. Adjournraent. A motion to ad.i,~':rr ~.~1' e~ways be in order and decided wit '.out debate. tOrd. No. 75-16, § 1(5)) Sec. 2-41. Recormideratlon of matters gener- ally. (a) Any matter which has been voted upon by the board of county commissionerz may be recon- sidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such CD2:9 COLLIER COUNTY CODE motion is made prior to the adjournment of the meeting at which the matter was voted upon. 12) By a motion to reconsider made by a member who voted with the majority il'such motion is made at a regular meeting suly sequent to the meeting at which the matter was voted upon, but only in accordance with the procedures set forth in subsections (b) through ~e~ of this section. Co) Where a member wishes the beard to recon- sider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the county administrator a written ~emorandum stating that the member intends to introduce a motion to reconsider. The memo- randum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the adminis- trator at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the board of the legal or other ramifica- tions of reconsideration. (c) Upon adoption ora motion to reconsider, the county admimstrator shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. Id) .No motion to reconsider shall be made more than 30 days following the board's vote on the matter sought to be reconsidered. (e) This section shall apply to any matters which may lawfully be reconsidered except thosedngt. ters which are covered by section 2-42. {Ord. No. 81.54, ~ 1~ .~ec. 2-42. Reconsideration of zoning and comprehensive plan requests. Ia) Applicability. This section applies as fol- lows: {1) To situations in which the beard of county commissioners has denied a request to change the Land use designation ora parcel of land pursuant to the comprehensive land use plan or where the board of county corn- missioners has denied a proposed petition to change the zoning classification on a parcel of land. A request for reconsidera- tion may be made only by the petitioner. (2} To all situations in which the hoard of county commissioners, acting in a quasiju- dicial capacity, has denied a license, permit or other approval. lb} Request for reconsideration. The petitioner shall request reconsideration of a petition in writing to the county administrator within 15 days of the date of the board's action denying the orig- inal petition. This request shall be jurisdictional, and no motion for reconsideration may be made by any member of the board where such a request was untimely except as provided in subsection fi) of this section. (el Motion for reconsideration. Any member of the board who voted with the majority (or in the case of a rezoning, voted against) on the original petition may move for a reconsideration of the petition at any reg~dar meeting of the board within 15 days from the date of the request for reconsid- eration. This motion shall be made during that portion of the board's agenda entitled "Board of County Commissioners' Report." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain upon which the peti- tion will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 30 days from the date the motion is adopted. ~d) Actwn on motion for reconsideration. The beard shall either act on the motion for reconsid- eration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the board. If the mo- tion is not finally acted upon by the ac~ournment of the next regular meeting of the board after the motion has been made, it shall be deemed to have been denied. (el Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the county administrator shall ~chedule the petition on the agenda for the regular board meetingwhich was specified in the motion for reconsideration, or if no date is specified then on the fourth regular CD2:10 ADMINI~YRATION 2.77 b~,ard meeting following the meeting at which the motion is gq'anted. .f~ ,Vo hcaring or debate on motion for reconsid. eration. A motion for reconsideration shall not re- quire public hearing, and neither the petitioner nor any other per,on shall have the right to ad- dress the board considering the merit~ of such a motion, ttowever, the board may request informa- tion of the petitioner, the shaft or any other person in order to better inform itself prior to acting upon ',he motir,n The purpose of this provision is to prevent either the petitioner or any other person from debating the merit~ of the petition prior to it~ full consideration at a regularly scheduled b.mrd meeting where the tx. tition is reconsidered. g Procedures out/tned, j The procedure~ out- lined herein shall not constitute an administra- tive remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedure~ and instead elects to pursuejudicial remedies following the denial of the petition. The time period for .,eeking judicial relief following denial of tho~e matters contemplated by subsection la~2} of this section shall run from the time the board votes on such matter, and a motion hereunder shall not alter such time pohod. 'h [lntttnl tot,'.] Wh,-re the initial vote was made after an advertistq public hearing, any consideration ~f such vt, to shall comply with all advertl:ement and notice provisions that were le- gally required for the initial public hearing. ~: Reconsideratton of pcttttons recently denied. In recognition of the fact that several petitions for which this .section would be applicable have re- cently been denied by the board, and in recogni- tion of the fact that the rc~onsideration of some of these petitions may be meritorious and in the public interest, it is hereby declared that the pro- visions of subsection ~b~ of this section are hereby waived for any petitions otherwise entitled to re- con~-ideration which have been denied by the board subsequent to 51ay 1, 1981. and prior to October $. 1981. In lieu of the requirements of subsoction b,. petitioners who are otherwise eligible for re- consideration may request reconsideration in writing no later than 15 days following September 29, 1981. !Ord. No. 81.54, § 2; Ord. No. 8841, § 1) Land development code reference-Zoning amend meats, ~ 2.7.2. State law reference-Adoption of rtnoning ordinances. F.S. ~ 125665 Sees. 2-43-2-65. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* DIYqSION 1. GENERALLY Sees. 2.66-2-75. Reserved. DFv'ISION 2. COUNTY ADMINISTRATOR'[ Sec. 2-76. Citation. Any reference to "county manager" in this Code or existing or future ordinances, resolutions, min- utes. legal instruments and other documents shall be understood to refer to the "county ad- mlnistrator." ~Ord. No. 93-72, § 1) Sec. 2-77. Appointment, qualifications, com- pensation and vacancy. la~ The county shall have a county adminis- trator appointed by the board of county commis- siom~rs, which officer shall bo the odministrative head of the county and shall be responsible for the ,administration of all departments of the county government which the boazd has authority to con- trol pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.,, the general laws of Florida, and other applicable legislation. *Cross reference~- Employee benefit~, § 2-101 et ~"q.; per- sonnel, ch. 102. CD2:ll 2.77 COLLIER COUNTY CODE rb) The county administraWr shall be qualified by administrative and executive experience and ability to serve as the chief administrator of the county. The county administrator shall be ap- pointed by an affirmative vote of not less than three members of the board and may be removed at any time by an ,~rmative vote, upon notice, of not less than three members of the board, after a hearing if such a hearing is requested by the ceunty administrator; provided, however, such re- movai shall occur no ~ooner than 14 days after adoption of a resolution of intent to terminate the employment of the county administrater. The county administrator need not be a resident of the county at the time of appointment, but during tenure in that office must reside ~'ithin the county. ret The compensation of the county adminis- trator shall be fixed by the board unless otherwise provided by law. cd) The office of county administrator shall be deemed vacant if the incumbent county adminis- trator moves his residence from the county or is. by death, illness, or other cm~ualty, unable to con- tinue in office. A vacancy in the office shall be filled in the same manner as the original appoint- ment. The board may appoint an arcing county administrator in the case of vacancy or temporary. abrence or disability until a successor has been appointed or the county administrator returns. (Ord. No. 93-72, § 21 trato¢, FS J 12573 Sec. 2-78. Powers a~d dutiea. {a} The county administrator shall be r~n- sible for the administration of all departments that are responsible to the board and for the proper administration of all affairs under the jurisdic- tion of the board. To that end. the ceunty admin. istrator shall by way of enumeration and not by way of limitation, have the follo~-ing specific powers and duties to: Administer and cam'y out the directives and policies of the board and enforce all orders, resolutions, ordinances, ~md regulations of the board t~ assure that they are faithfully exec'oted. {2) Report to the board on action taken pur- suant to any dire~ive or policy within the time ~et by the board and provide an an- nual report to the beard on the state of the county, the work of the previous year, and any recommendations as to actions or pro- grams deemed necessary for the improve- ment of the county and the welfare of its residents. Provide the beard, or individual members thereof, upon request, with data or infor- mation concerning count3' government and to provide advice and recommendations on count)' government operations to the board. Prepare and submit to the board for its con- sideration and adoption an annum oper- ating budget, a capital budget and a capitai program. Establish the schedules and procedures to be followed by ail county departments, of- ficos, and agencies in connection w~th the budget and superv~e and administer all phases of the budgetary process. Prepare and submit to the board after the end of each riscal year a complete report on the finances &nd administrative activities of the county for the preceding year and submit recommendations. ~7Y (10, Supervise the care and custody of all county property. Recommend to the board a current position classification and pay plan for all positions in county service. Develop, install, and maintain centralized budgeting, personnel, and purchasing pro- cedures. Organize the work of county departments, subject to an administrative code devel- oped by the county administrator and adopted by the beard, and review the de- partments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the board. CD2:12 CU~$MING$ & L 0 C K ~,¥ 0 0 D November 13. 1998 kho t~,~r,~d in F~ Yodc a~d ~ BY FACSIMILE & U.S. MAIL Ramiro Manalich. Esquire Office of the Count>' Attorney 3301 -East Tamiami Trai! Naples. Fl, 341124902 Lely Barefoot Beach Properly Owners Association, lnc.. et ak/Collier County Circuit Court Case No, 95-0073-CA-01 (Collier Count)') Dear Ramiro: Thank you and/Vlr. Weigel for all your work and efforts which were instrumental to our clients reaching an amicable resolution to the above-referenced actions and underlying disputes and entering into a settlement agreement. As you know. on November 10. 1998. the Board of Count)' Commissioners of Collier County. by a majority vote of 4 to I. at the meeting of the Collier County Board of County Commissioners. approved and accepted a .settlement agreement of the above-referenced actions between Collier County and Lely Barefoot Beach Master Association, Inc. and Lely Barefoot Beach Property Owners Association. Inc. The above-mentioned se~,lemen~ agreement was the subject of Agenda Item lO(A) of the meeting of the Board of County Commissioners on November I0. 1998. and includes that certain document entitled 'Settlement Agreement'. identified in the lower left comer of the document as '255202.doc. of 9'18/'98" and set forth as agenda item 10(A). pages 62 through 71. along with other ten'ns and conditions as transcribed in the record and verbalized by Commissioner Hancock's motion (hereinafter the 'Settlement Agreement"). Although I previously informed you that Lei)' Barefoot Beach Master Association, Inc. and Lely Barefoot Beach Property Association. Inc. ('Homeowners Associations") have approved and accepted the aforementioned Settlement Agreement. please let this lener again confirm in writing that the Homeowners Associations have accepted and approved the aforementioned Settlement Agreement offered by Collier Count5' by and through the Board of County Commissioners, and Ramiro Manalich. Esquire -2- November 13, 1998 the lqomeowner Associations hereby so accept. The Homeowners Associations consider the Seulement Agreement to be a valid and binding contract, and in reliance thereon and upon the County's actions, the ttomeowners Associations will now take actions consistent with and in reliance upon this contract with the County. Please contact me at your earliest convenience so we can prepare the filing of the appropriate joint motion with the Courts as well as begin compliance with the other terms ofthe agreement. JHK, pmb cc: Clients Jason tt. Kom OA-' IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA APPELLATE ACTION COLLIER COUNTY, a political subdivision of the State of Florida. Appellant, LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC., a homeowners association, and LELY BAREFOOT BEACH MASTER ASSOCIATION. a homeowners association, Appellees. APPEAL CASE NO.: 97-1055-CA L.T. CASE NO.: CEB 96-012 On Appeal from Code Enforcement Board NOTICE OF SETTLEMENT AGREEMENT COMES NOW, Appellees LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC. and LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. (hereinafter the "Homeowners Associations"), by and through their undersigned counsel, and hereby notify this Court and all parties of record that the Homeowners Associations and Appellant COLLIER COUNTY have entered into a settlement agreement as to said paxlies' pending claims in this action. The settlement agreement was the subject of Agenda Item 10(A) of the meeting of the Board of County. Commissioners of Collier County on November I 0, 1998, and includes that certain document entitled "Settlement Agreement", identified in the lower left comer of the document as "255202.doc. of 9/18/98" and set forlh as agenda item 10(A), pages 62 through 71, along with other terms and conditions as transcribed in the record thereof. The settlement agreement was approved by a majority vote of 4 to 1, by the Collier County Board of County Commissioners following the public hearing at the meeting of that Board on November I0, 1998. CUMMINGS & LOCKWOOD Anomeys for Appellees LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC. and LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. P/D. Box 413032 Naples, Florida 34101-3032 (941) 649-3111 2 ER F A FS RVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was hand delivered, County Attorney. Collier County Co~~ples, Florida 34112. LELY BAREFOOT BEACH PROPERTY O'~..~ERS ASSOCIATION, INC., a Florida corporation, and LELY BAREFOOT BEACtl MASTER HOMEOWNERS ASSOCIATION, INC.. a Florida corporation, Plaintiffs, COI. LIER COUNTY, a political subdivision of thc State of Florida. Defendant, ROBERT A. BU'ITERWORTH. in his official capacity as Attome.v General for the State of Florida. and on behalf of TIlE BOARD OF TRUSTEES OF TIlE INTERNAL IMPROVEMENT TRUST FUND, Intervenor. IN THE CIRCUIT COURT OF THE TVvWNTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO. 95o0073-CA-01 c~ t,:.~ ~ 7'3 NOTICE OF SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT COLLIER COUNTY COMES NOW. Plaintiffs LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC. and LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. (hereinafter the "Homeowners Associations"), by and through their undersigned counsel, and hereby notif)' this Court and all pames of record that the Homeowners Associations and Defendant COLLIER COU.'NTY have entered into a settlement agreement as to, inter alia, said parties' claims in this action as against each other. The settlement agreement was the subject of Agenda Item 10(A) of the meeting of the Board of Coun .ty Commissioners of Collier Count>' on November I0, 1998, and includes that certain document entitled "Senlement Agreement", identified in the lower left comer of the document as "255202.doc. of 9/18/98" and set forth as agenda item 10(A). pages 62 through 71, along with other terms and conditions as transcribed in the record. The settlement agreement was approved by a majority vote of 4 to 1. by the Collier Count)' Board of County Commissioners following the public hearing at the meeting of that Board on November 10. 1998. CUMMINGS & LOCKWOOD Attorneys for Plaintiffs LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC. and LELY BAREFOOT BEACH MASTER ~.6~OCIATION, INCA / Florida, Bar #0066117 P.O. BOx 413032 Naples. Florida 34101-3032 '~41) 64%3111 CERTIFICATE OF SERVICE I HEREBY CERTIFY thai a true and correc! copy of the foregoing w~ hand delivered, this [3 da.',' of 0~/~,~_.~ , 1998, to RAMIRO MANALICH, ESQUIRE, Office of the Count.-,. Atlomey, Collier Count)' Courthouse, 3301 Tamiami Trail East, Naples, Florida 34112 and MON-ICA K. REIMER, ESQUIRE, Assislant Attorney General, Office of the Attorney General. PL-01, The Capitol, Tallahassee, Florida 32399-1050. 2 1~/~,1/{{ ~0~ 15:17 FAI 19412~25092 ~]WgS & LOCIOIOOD ~002 Novcmb~. 16, 1998 BY FACSIMILE & U.S. MAIL 74'1 ~.49.3111, ~ 941-2&2-6092 ;"~v,~ David Wcigcl. Esquire Ramiro Manalich. Esquire Office of thc County Atmmcy 3301 ~ T~rni~mi Trail Naples. FL 341124902 l~:ly Barcfoo,1 Be~:h Propcr'~y Owners Associalion. Inc.. el al./Collicr Coonty Circuit Court C.&-,~ No 95-0073-CA-01 (Collier County} ~£Cmcvjl) ACCEPTANCE. AND COMPLIANCE ~,~I l H SETTLEMEN~r AGREEMENT As a follow-up to our convcrsations and my correspondence of November 13, 1998, this letter will reconfirm notic~ to and nccep.1ancc by L~ly Barefoot Beth M~ster Assocla,11on, Inc. nd Lely Barefoot l~ach Property Owners Assocla,1ion, Inc. (hereinafter the tomeowners ASsoc:abons') of thc settlement agreement of thc above-referenced actions with Collier County (hcrcirmfter the "County"). Thc settlement agrccrncnl was thc subjcc~ of Agcnd~ Item I O(A) of the mCCting o1' thc Board of Count-,' Commissioners on November 10, 1998. and includes that cerlain document entdlecl "Scttlcmci Agrccmcnff, identified in the ~ lcfl comer o£11~ document as "255202 doc. ot'9/18/98' and ~ as agenda ite~n 10(A), pages 62 through 71, along with othc; terms and conditions as tmnsc'rlbcd in thc record *nd vcrhalized by Commissioner Hancock's mo,lion (hercina~:r thc "Selflcmenl ^grcemcnt") The Homenwners Associations havc ratified, ~tecl, approved and accepted thc Settlement Agrcemcm and have now t~kcn penna.nen! actions in rch~nce thereon. By more than ' the a two-thu-ds vote (4 to I ) of thc Board of County Commissioners (hercinaf'~ the County emered into the Sctllcment Agrccmen! with thc Homeowners Associntions and thc language of SUCh a~ccrncm was accepted. The Itomcowncrs Asaoclations have l~cwisc .t'~_r~cl such Im, lguage and arc currently operating thcrcundcr. Accordingly, pursuant to the Sc~lcmcnt Aip~.cmc. nt the Homeowners Assucia,1ions have removed Ibc Guardhouse Sate an'ns during open Pa,-k hours as required by sccllon 4 o£ document 2SS?02.doc 9/18/98 (pa~cs 66-67 of Agcnd~ 1,1cm IO(A)). In m~litlon, the Homeowners Associations havc filed No6ccs of Settlement m thc pending nctiO~s. Furthermore, in reliance upon thc Scrllcmcrd ^grccmenl thc Homeowners Associations have c4~as~l their ct'forts Io prepare ms nnswe~ brief to respond to die Counl~/s appcllalc brlcf in thc ahove-refercncccl nppellatc I~/~4/g$ MO~ ~$:~? FAX Xg412~2JOg2 Ctl~IHG$ & LOCIOfO~D ~003 Da,4d Wc~gcL Es~u~c -2- November 16, 1'~)8 P~easc cxmtac~ mc at your earlics~ convenience so ,~c can prepare thc filing of the appropriate joint motion wll'h thc Court TIlE PARTIES' Ski I L£MENT AGREEMENT IS BINDING RECONSIDERATION CAN NOT BE HAD The following paragraphs address thc argument of die ltiomeo-,samrs Associations that reconsideration the November 10. 1998 Board vote to cater into thc Settlement Agreement can not be had. I. L{~IoIX. Following thc accept,artec of thc Settlement Al.n'ecment, we have been informed that Commissioner Con~hne ~s contemplated a Moti~ ~ R~n$1de~ ~g Bo~d's vo~ by which it entered i~ thc ~l~cnt A~mcnr You may r~l] ~ fol~ng t~ public de. lc ~ Novem~ 10. 199S, w~n m~m of thc B~d were ~ked to iterate l~ir v~c and ~tcf rationale the~f~, Commissioner Con~ntinc indicted on thc record thai he ~s v~mg to o~ the ~Jcment A~cnt. After Commissi~ ~r~ (the "swing' volc) indicated that she w~ voting in favor of thc a~ecmcnt (which would ~uh in a 3 ~ 2 vote of <ethane), Comm~si~cr C~stanfine ~eo chang~ his vote to ~ a vote with ~e maj~S~ resulting in a 4 to 1 vote in favor afdc ScUlemcnt A~t Thereafter, CommissiOner Constantine indicated nn the record that ~t was his inicntion lo subsequently being a Motion to Reconsider. However, hc failed to bring a~y such Motion to Reconsider the mailer before the Board adjourned and thc membership of the Board charlgcd. As known by the 13nard, thc November 10, [998 meeting was the last meeting for Board member Commissioner Timothy Hancock At thc next Board meeting scheduled for November 17. 1998, lames Carter i$ ~cheduled ~ b~ inducted as thc CommisSioner replacing the scat of Commissioner Hancock on thc S-member Board. Notabl,,. lames Carter did not participate in thc Novcmbea' 10, 1998 vote, and therefore could nol vote on . Motion tn Rcconsld~ or vote thereafter upon reconsideration even if rer..ons~dcration wa.~ available, which it Is not 2. l~obo't's Rule, 9f O~cr applj~. Pursuant to thc Adminish'ativc Code of Collier Count)* R,obc~s Rules of al'der govern thc conduct of buslness of thc Bomb Please be advis~l that all ciLations in this r-on"cspondence to Robert's Rules of Order refer to thc Newly Revival 9th Edition, 1998 prlntln~ The relevant seal,on of the Collier County Code states: E. xc. ep~ as hcreln provided questions of order and thc conduct or business shall be governed by Robert's Rules of Order. (Section 2-36(g). Collier C4mnty Code). ~], Rccc~n'~idcratlon can not bc applied to the Board's vote which acc,z"nted th~ ,~etllem. af A~.emenL m~muant to Robcrt'~ R.les of ~ Roberfs Rules of Order is cica' thai reconsideration c.,xn not be applied to the Board's vote approving and accepting thc Settlement Ag~'~t~ent with thr Homeowners Associations The Homeowners: Associations had notice of and ~ ~ st the heari~ ' when the 4 to I vo~ was made and motion carried, a~d the Homeowners Assoc~atioms have taken actJor~ ]ON 16:17 FA~ 19412525092 CU~IZtiG$ & LOC~OOD ~oo; D~,,id Wcigcl, Es,:lu~*e I~mlro k'LmaJic~. Esquu~ -3- November 16, 1~8 con.silent with ~ in rea.so~ablc reliance thcreo~ based upon thc governing rules. Specifically, Robcrt's Rules of Order provide: The mo~ion to Reconsider... Can be applied to thc rotc on any motion except... Co) an affirmative vote whose provisions have berm partially carried out; (c) a~ a,l~rmative VOle in the nature of a contract wfien tar txtrty lo the contract fia~ been notified of the outcome... (Section 36, Sta~daxd Descriptive Charac~'i~ics, p. 312, P-c~bcffa Rules of Ordc;) (emphasis supplied). Thc SetHcment Agreement is in thc nature ora contract an~ Jcgal..]y binding. As you know. Florida lay'/ even provides that .~.ettlcmcnt agre~nents pertaining to pending litigation do not have to be in w~ting and can b~ pzrol. Thc Rul~ of Judicial Admim~ratlon, which governs thc pending civil litigation bctwe¢, thc pagtiea, also provides that parol agxeements may be mad~ before th~ court ifprmn~tly made n pan of the record or incorporatc~ in the stenot~raphic notc-~ otr the procee, dlng~. Furthermore, the mir r~quirinB agreements in writing between the parties concerning pcocedm-e doe,; not apply to settl~menLs See Rt;Ic 2.060(h). Fla. R. Ju<l. Admin. Thus, the Settknneat Agr~'m~t as tran~ritnxl in ~e rec..oral of thc NOVember I0, {99g meeting ss sufficient to bind the County sod Homeow~er$ Aaao¢iattOIl$ thereto. Becau~ thc Board's acceptance of the Settlement AI0'ecmcnt wRh thc Homeowners As$o¢iatlons is thc nature of a contract', a Motion for Reconsideration can not be applied to thc November 10, 199g vote of the Boa;'d [o accept se'ttJcment. Thc i':[omeowners As~x:lations I~avc been notified ~ have taken action to cag'~ out provisioos of {he Settle~ncnt 4. ~han_~c in B~rd Membership_bars rec~nsidcratlon of Novcmbe~ 10. 1998._V.~. Robe,s Roi':' of Order provide that thc changing in Board membership results in the end of business considered by t.:~.. prior Board. Thc n~les st~tc: Effect of Periodic Partial Change tn Board Membership. In cases when: a board is constituted ~o qzat a specified port,on of it is cho~ pefiodlca]ly (as, for example, where one third of th.: board is elected at~ually for three-year terms), it heroines, in effect, a uew board ea:h time such a group aasurne~ board membership. Comequ~nt/y, all unfinished bu~ne~s extsttng wt~en the outgomg portion of the board rotated member$1~ip fall~ to the grotmd . (S~etion 48, Cc~duct of Business ill Rules of Order} (..~nphasis supplied). It is thc Homoowncrs As~:iations' po~itlon that reconsideration ran not he had due to thc change Bo~d membership and thc failure to reconsider or vot~ to rt~cmd the agreement at the November 10. 1998 meeting. Subject to a:M without waiver or,at position, even if rcc~mslderation wan available only tho~c Board membe~ who originally considered thc subject motion and Settlement Agrr. ement coo',/ vote on thc motion to rcconslder. Othcrwlse, new Board members (such as Carter) would n:con$idcring ~omcthi:tg that they never originally c.~ms;dcred as a Boaxd member. Thus, only mcmbc-rs would he able to vote on thc motion to reconaldcr and then:after reconsid~. ~o05 D~qd Weigel. F..~Fuizc Ramiro Ma~alich, E.s,~irc -4- November 16, 19')g Subject to and without walvcr of thc Homeowners Assoc~atioas' position that reconsidcrz~on can not bc had under thc circumstances, cvcn Were i~ available a two-thirds vot~ would be tr41uired duc to the absent4: of Commissioner Hancock who votc~ in favor of the S~'ztlcmcnt AgrecmenL Guidance can be p~ovldcd by thc rul~ governing Committees when a mcmber is absent for reconsideration Thc ns!::~ provldc: Unlras all members of the committee who voted in favor with the prevailing side are pre~ent ot havc been not,fled that thc recon$idcra~on will be moved, it requlrcs a two* lairds vote to adopt thc mot~ou to ReconJ;dtr. (Section 36, pp. ]]23-324, Robert's Rules of Order) (cmphasLs supplied) . ~ A two.thirds rotc of a S rncnnber board would require a minimum of 4 votcs to prevail on thc motiu~. since 3 of 5 rot. es wottld be h:ss than two-thirds. If only 4 members arc voting, Hen n minimum 0£3 votes wotdd be needed 5. ~;considCxalag. a-[~tl~_J:~bc, forc_lJxcja~[,_caagL]~;~ The concept o~' reconsideration is for thc Same mcmbera of the Board who voted on thc issue to have another opportlmlty to consldcr ~hc motlmi Ihc exact position is was o£fcre4 This requires the smnc members who orlginaIly voted, rather than n~w member. As slated above, thc Rulcs of Order indicate that a new board cannot reconsider thc preVious board's busincss. 'I~c rules sta~: Thc effect of thc adoption or'thc motion to Reconsider ~s ~mmedia~ly to place beforc thc aSSembly ar, nm lhe qucslion on which the votc is to be rcconsidcrcd .- in ~he exoct pOSthotl il occupied the momen[ be/ore ti w~ voted on or~£ina//y. (Scctlon 36, Effect of Adoption of d)c Motion to Rcco~sldcr Rules Oovcrnm§ Dehatc on the Reconsideration, p. 318, Rober:'s Rules o/Order) (ernpha-s[s supplied) 6. Motion to Reconnidcr thc November 10. 1998 vote_lo c~ter the Sct~lemem Agreement j,~ ~rn.m~or~r and Out of Order Commissioner Consla.ntine indicatcd on the record Jn sum and substance that he opposed the motion and was voting agams! it. However, after Commissioner Berry stated ~hc was voting m favor of thc agreement and thereby a 3 to 2 vote tn favor would result, Commissioner Constantine voted with thc majonw and a 4 to I rotc t'esult, ecl. Commissioner Constantine then stated ol~ thc re. cord ttta~ hc intended t~ bring a motion Io reconsider although he failed to move so at bet'ore thc meeting was adjourned Thus, it follows that Commissioner Constantine voted wsth thc majority only for thc purpose of obtaining standing to move to re. consider, not because hc was in favor oi' the motion. As a resuk, his v01e should be considered a nullity, or as he first stated on the record, a vote against thc motion. Such a vote is what is inumd~l by Lhc rules to provld~ standing for a motion for reconsideration, sad thc Homeowners Associations allege that any such Motion for Rexonsideratlon by Commissioner Constantine would bc ~m!:)roper and a vote thereon a nullity The rules provide. Parliamentary forms are designed to assist in the transaction of business. Even without adopling a rule on thc subject, crecy dcliberatlve assembly has the righ! to protect it. self J~ON 18:18 FAZ 18412828092 008 David WcigcL Esquirc -5- Noventb~r 16. 1998 from thc use of thcse fOrms for thc oppos~zc puq)osc. It is thc duty of thc .m'csldin§ of~cer to prevent mcmbo's from misusing the |cgJtJmstc forms of' motions .... W~'~lc'vcr thc chair becomes conw~c~ (hat Ol1¢ or more mcmbc.:s arc using parliamenZ.~y forms for obstructive purposes, hc should either not rccogniz~ these membors or hc should ruJc thst tach motJor~ we out of orde~ . . . (Section 38, Dilatory and ~mpropcr Mohons, pp. 336-337, Robe.s Rules of OrdcQ i'n add~tion thc rules provide: Motions that confli~ W~th thc coq0oratc chart, er, consZrmtion, bylaws, or other rules ora society, with thc Constitution of thc United States. with thc Stout Constitution, or with national, state [sec paragraph 7 bclow], or loc:al law, arc out of order., ffa motion of this kind ~s edoptcd, Jt Js null and vo~d. ($c~io~1 38, Dilatory and Improper Mot~ons, pp 337-338, Roberts Rules of Order) 7. FIor~da-dccisionLI ~_w_Supix~L~_Lhc~oclusic, n tbaLLbe~]~ovcmbe;r I0~1998 vg~g._OL~c Boa, rd c'oa'~tu~cd JOJ¢CcPla/LF.-c--a, nd-bJ-rldinF.-c~nlCl~CL WcU-scttlcd Florida ce.sc law provides that thc Settlement AgJ'eCment could have only bet:ri rescinded if such acticm was taken at thc November I(1 I99g meeting. Failure of Commissioner Constantine ~o bring such a motion resullcd in a walvcr of h:~ r~ghts for reconsideration or fol zcscJs',~on of thc Novcmbc'r ]0, 1998 vote to enter into thc $ettlemen! Agrccmcnl wi~ thc ltomcowners A'~r, ocint~ons In the case (_'icy ofHume~teact v ~n~.v Con~tructton, /nc., 357 So 2d 749 (Fla 3rd DCA 1973). thc council vo~d by mo~ion to amhonz~ Ibc ~ce~ance of a con~cl (ap0roving bid for ~ion of a sw;mming ~1). ~tcrcaficr. al thc sub~qucnt mc~ing afi~ two ~uncH mcm~s wcrc not ~c-clcct~l to ~e ~o~d, thc new ~o~d attempted to hwahdate ~c c~nt~ct b~d u~n ~vc~l ~gumcnts nc udi,E one rot rc~ on ~c Court nff~cd ~ award of d~agcs to thc construction ~mp~y and held d~c following: Wc hold that the City Code requiting a rc~olution of thc Cay Council did not invalidate thc ¢onUac! which was completed and thc plai~tiffnotificd of I~s acceptance 7"fie City. because ora cttttnge in the personnel o/the Council, ought not be a/lowed lo me ttte tec~micoli~ of the direction provisions of it~ ct'Me to defeat tbe contract that came into being with t3e acceptance of pla|ultras btd Id., 357 So 2d at 752 (emphasis supplir4), In ~c c~sc of Dcdmond v. E. scamb~a County, 244 So.2d 758 (Fla. 1 st DCA 1971 ), thc appellant ~ought to r~ub'e that thc Count), execute a lease agreement The County Board had voted by 4 to I to award ~ lease of a pubhc beach, and thereafter at thc next Boazd meeting thc Board voted to rtScind its pn¢,r acccptaucg. Thc Court held that the County's ec,~¢pta~ce of the bid result, ed in a contract cvcn ~hough a formal wri~Icn conua~t had not been cxccutcd '[%e contract was enl'orccablc against thc COunty. C~:ning from thc Supreme Court case off/at/k/ns v. Owens, 62 So.2d 403 (Fla. 1953), thc Cour~ stated' Fair dealing is rcqmrcd by all panics and public officials should scl thc example.., and thc [Count~] should have bccn required to cO~ply with thc plain a~sd unmistakable provisions of thc Jaw Id., 244 $o.2d at 760. FAS 19412828092 ~I~GS & LDCJ~OOD ~007 David Wcigd, F-squa-r Ram~ro M,~aJieh. Esqmre -6- N'ovo'nbo- ]6, ]9'98 Similarly, in the case ofSch/oe.~er v. Dill, 383 S~.2d 1129 (Fla. 3rd DCA 19g0), thc Court held that a contract comcs into being with thc acceptance by the County unless thc action is rescinded at the same mc~ting. This is applicab[c to our SctlJemcnt Agrce. ment, since thc Homcowno's Associations have been notified of thc Boaters acceptance of thc Settlement Agreement, the Homeowners Associations have taken ac'niona in rchance O~creon, and the Board did nor rc$cind the acceptance or reconsider thc vote at the November 10. 1998 meeting The Cmin in Schloe~$er held: Wc find, in accordance with the dec,slon$ of our sistc~ dislxict, and our own coan'olling c.a. sc law, that a valid and enforceable coaWact axnsc between thc parties at the point of the Boazd's not,ce to [appellee] of its favorable decisioff. Yd., 383 So 2d at l 13 I. Ba.w.d ~pou Florida dcclsiomal law and ~latutory law, thc Settlement Agrecmexlt is valid ~ cnforccab[= Ba~ u~ ~c fadurc of~c ~ard to re~i~ ~ a~t or to r~ider the v~ at the Novcm~r 10, 1~8 m~n~ the Se~l~cnl Ag~t ~1 ~ rc~nded or t~ous~&r~ at ~c Nov~r 17, 1998 m~mg ~ ~flcr with a ~ ~d. IndeX, C~n B~b~ Oc~ ~s ~c au~oti~ 'o si~ thc a~t ~r~ant m S~t,on 2-3~d) of ~ ~llJer County A&ini~ve C~e, which provides' Thc chairman shall sign all ordhlances, re~olut~ons and legally binding documents adopted by thc commission during his presence. Please consider this a formal objcctinn to any such motiml for reconsideration o~ any attempt to rescind thc Sctllcment Agreement Should it be necessary for the Homeowners Associations to file a Motion ': Enforce the Setllcmcnt Agrenment. ~cek declaratory or injunctwe relief, or other legal aotinn, they will be seeking their costs and fccs under Section 57.10S, gknida Statutes In addmon, please consider this a formal request for you to disseminate this correspondence to thc Chairpenon Commissioner Ber~ mid the other members of the Board of Commissioue~s and ente~ il in thc record ~o thc extent that it is lawful and appropriate. JHK/pmb cc: Clients Jason H. Kom 16Al RESOLUTION 98- REVISION OF POLICY AND PROCEDURES FOR VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND, ROAD RIGHT-OF-WAY, ALLEY~VAYS, AND PUBLIC DEDICATION EASEMENTS CONVEYED TO THE COUNTY OR PUBLIC BY GRANT OF EASEMENT OR SIMILAR INSTRUMENT RECORDED IN THE PUBLIC RECORDS. WHEREAS, the Board of County Commissioners of Collier County, Florida, under the authority of Sections 125.01, 125.37. 177,101,336.09 and 336.10, Florida Slatutes, and Collier County Ordinance No. 97- 17 and thc Collier County Land Development codc is cha~'ged with thc authority to grant or deny vacations and annulments of plats of subdivided land. road fight-of-way, allcyways and public dedicated easements conveyed by reparate instrument recorded in the public records: and WHEREAS. thc Board of County Commissioners on January. 23. 1996 adopted Resolution No. 96-25 establishing policies and procedures for thc above; NOW, THEREFORE BE 11 RESOLVED, that thc guidelines as rvzt forth in Attachment "A", Attachment "B', and Altachment "C", incorporated with and madc part of this Resolution be adopted as Policy and Procedures for thc vacation of subdivided lands, road right-of-way, alleyways, and public dedicated easements conveyed by scparatc instrument recorded in thc public records; and BE IT ALSO RESOLVED. that this Resolution supersedes and rescinds Resolution No. 96-2.5; and BE II FURTttER RESOLVED. that thc Clcrk be directed to record this Resolution in thc Public Records of Collicr County. Florida. DATED: ~-Iq-q~ ATTEST: APPROVED AS TO FORM AND LEGAL SUFFIQIENCY: HEIDI AS'HTON~ ASSISTANT COUNIY A~ORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2400326 OR: 2484 PG: 1996 11/2~]~ It I[:~1~ ~[I~ I. Ifil, ~PIIS ll,O0 -1- Attachment "A" 16A1 OR: 2484 PG: ~997 POLICY AND PROCEDURE ON TIlE CLOSING AND VACATION OF ROAD RIGllT-OF-WAY A. AUTtIORITy: Sectmns 336.09 and 336.10. Florida Statutes. When a rcquest is in the mterest of thc gcncral public welfare and do~s not invade or violate individual property rights and otherwise qualifies under Section 336.09, Florida Statutes. thc Board of County Commissioners (Bec) may: Vacate. abandon, discontinue and close any existing pubhc or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim an.',' r~ght of the County and the public in and to any land in connection therewith. Renounce and d~scla~m any right of the County and the pubhc m and to any land, or interest therein, acquircd by purchase, gift. devise, dcdication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highways. Renounce and disclaim any right of the County and the pubhc in and to land, other than land constituting, or acquired for. a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road. h~ghv,'ay or other place used for vehicular travel. A pctmon for the vacauon of road right.of-way is to be submitted to Planning Services on the form attached. Tbe lx'tfl~on must be accompanied by a filing fee of one thousand dollars ($1,0OO). 2. [he petmoncr must also provMc: Evidence to show that the petmoner ov.'ns thc fee s~mple t~tle to the whole or that part of the parcel sought to be vacated {FEE SIMPLE DEED). If pctmoncr is not the owner of thc fee simple title, pctfl~oncr shall provide a statement demonstrating the reason for the request including any property <~r financial interest or projects affected by a granting of such request. h} A statement cxplammg thc general pubhc hcncfit received from the proposed vacation. copy of the document which grantcd, conve)ed or dedicated the right-of-way to the County or thc pubhc Attachment 'A" Page I ora d) 16A1 Cerlificate(s) showing all State and County faxes have been paid for th~ aubjecl parcel. Required if p~itio~'~r is thc owner, or petitioner is the agent clowner, of the fee simple title to the whole or part of th~ parcel sought to be vacated. (Available from the Collier County Tax Collector's Office, Building C-I. at the Government Center). e) Assessment Map depicting area of proposed vacation. (Available from the Collier County Property A~,~n-.iser's Office. Building C-2. at the Government Center). f) List of abutting and other property owners within 250 feet of the proposed vacation to include: (I) Name (2) Address (3) Zip Code (4) Parcel Number Site Plan - the site plan must be on 8 ~" X 11" paper and show all data pertinent to the proposed vacation, which shall include at least the following: ( 1 ) Date of drawmg (2) .Scale (3) North arrow (4) l.ocatlons and dimensions of property lines, abutting rights-of-way, easen~nts, setbacks, off- street parking, proposed and/or existing structures, and any proposed landscaping. (5) Localion of proposed vacation and, if applicable, proposed dedication. h) J) I.egal description of what is to be vacated submitted on 8 VF X I I ' paper as Exhibit "A". This legal description ~s to be accompanied by a sketch of the legal description. Both the legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. When apphcablc, a cop)' of the recorded sub(hvision plat. (Available from the Clerk of Court Recording Department on the 4~' Floor of Building F at the Government Center). "l.clters of No Objection" from all perlment utility companies or author/zed user~ of the easement and/or dedicated public area. Such letters may include but shall not be limited to the following: (I) Colher County Utilities (2) Colhcr County Engineenng Review Services (3) Colher County Transportation Department (..I) Colhcr County Water Management (5) Elecmc Company (6) Telephone Company (7) Cable Television Company (8) Collier County SherifFs Office (9) ttomeowner's Association (10} Rescue and Fire Control District ( I t ) Adjacent property owners The letter sent to thc utility compamcs and authorized users requestmg a "Letter of No Objection" shall contain the statement "l have no objection to the proposed vacation" at the bottom of the letter with a stgnature block &rectly below tr. Anachsm-nt ~A" Page 2 of 4 1GA1 k) Ifa replacement casement is required by Collier County, the following shall be submitted: ( I ) Legal description and sketch of what is to be dedicated, signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Professional Surveyor and Mapper. {2) Attorney's title opinion or Ownership & Encumbrance Report by a title company (current). (3) Executed conveyance document. (4) Executed subordination documents. Planning Services will review the petition for completeness and compliance with this Resolution. Planning Services will prepare an appropriate executive summary and resolution and transmit both documents to thc Count)' Attorney's Office for approval. If approved as to form and legal sufficiency by the County attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. The petition may be placed on the BCC agenda to establish a time and date for a public hearing by Resolution pursuant to Section 336.09. Florida Statutes. Once thc timc and date of thc public hearing are established, the Clerk to thc Board shall publish legal not~cc of thc hearing one tlme in a newspaper of general circulation at least two weeks prior to the date stated therein fi)r such hearing. The Petmoner and all property owners within 250 feet (and others as may be required by Planning Se~'~ces} of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of pubhc hearing, by regular mail. Ifthe number of property owners within two hundred fi fry feet {250'} exceeds twenty (20}, Petitioner shall recur an additional postage and handling charge of fi fry cents {S.50) per addmonal property owner. In thc event that thc petmoner fi)r thc property in question does not represent himself at the public hearing(s), hc must prov~dc a s~gned letter or other appropriate documentation which authorizes another specific person 1o rcprc,.ent him. The Board of('ounty ('omm~sstoners shall then hold a public heating and any approved resolution by such governing b~xiy shall has e the effect of vaclting all streets and alleys which have not become hsghways necessary, fi~r use by the travehng public, Notice of thc adoptmn o! such a rcsolutmn by thc {'omm~ss~oncrs shall be published by the Clerk to the Board one t~me. w:lhm 30 days follov, mg ~ts adoption, tn one issue ora newspaper of general circulation pubhshed m the ('ounty. '! he pro~)f of pubhcatlon ol not:ce of public hearing, a certified copy of the rcsolut:on, and the proof of publication of the notice of the adoption of such resolution shall be recorded by the Clerk to the Board in lhe Pubhc Records of the County. 'l'ne processing of this p~titton shall come,de, where applicable, with the processing of such other platting or land use change apphcations prnpo~d for the ~ame property with regard to submissions of applications, staff rev:ews, reviews by advisory bodies, or the Board of County Commissioners, so that thc decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by thc Board of County £'ommls,;ioncrs. Attachment "A" Page 3 of 4 Date Received: Attachment "A' PETITION FORM FOR VACATION OF ROAD RIGIIT-OF-WAY Petition #: 16Al Petitioner: Address: City/State: Agent: Address: City/State: Road Name: Telephone: Zip Code: Telephone: Zip Code: [..ocatlon: Section Ix, gal Description: __ 'ro~nshlp. Range Plat Book Page(s). Current Zoning:. Reason for Request: Does this affect density? I hereby authorize Agent above to represent me for this petition: [] Yes [] No Signature of Petitioner Date Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way' for the list of supportive materials which must accompany this petition, and deliver or mall to: Community Development & Environmental Services Division Planning Services Department 2800 North Ilorseshoe Dr. Naple~. Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, Indicate the name of principals. (4) List all other ow hers. ^ttachttwn! "A" Pale 4 of 4 16Al OR: 2484 PG: 2001 Attachment "B' POLICY AND PROCEDURE FOR TIlE VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND A. AUTItORITy: Section 177. I01 Fl(n-ida Statutes, and Collier County Ordinance No. 97-17 and the ('oilier County Land Development Code. Requests may be granted as long as the public benefit is established or no public demment is dete, minod and whenever as stated in Section 177.101, Horida Statutes: lhc gos cmmg bo&cs of the counties of the state may adopt resolutions vacating plats in whole or in part of subchvmons m sam counties, returning the property covered by such plats either in whole or in part ~nto acreage. A petmon for thc vacation and annulment of plats or porlions of plats of subdivided land is to he submitted to Planning Services on the form attached. The petition must be accompanied by a filing fee of one thousand dollars 2. ]'he petitioner mu~t also provide: a) l'h'ldencc m show that thc pctmoncr owns the fcc s~mplc title to the whole or that part of the parcel sought tu be ',acated (FEE SIMPL['.' DEED). b) ('crhficatc shms~ng all State and County taxes have been paid for thc subject parcel. (Available from thc ('olher ('ounly Tax Collector's Office, Building C-I, in the Government Center). cl Assessment Map. (Available from the ('oilier County Property Appraiser's Office, Building C-2, in the Government Center). dl l.~st ofabumng and other property owners v,'~thm 250 feet of the proposed vacation to include: t I ) Name (2) Address (3) Zip ('ode (4) Parcel Number Attachment Page I of 4 el 16Al Site Plan - thc s~tc plan must hc on 8 ~" X 1 l" paper with an adecluat~ ~cale showing all data pertinent to thc propo.~d vacation, which shall include at least the following: ( I I Date of dra',,,';ng (2) Scale (3) North an'ow (4) l~ocations and d~mensions of property lines, abutting rights-of, way, easements, setbacks, off_ street parking, proposed and/or existing structures, and any proposed landscaping. (5) Location o f proposed vacation and, if applicable, proposed dedication. f) I.egal description of what is to be vacated submitted on 8 '/:" X I I" paper as Exhibit "A" to the p~t~t~on. Th~s legal description is to be accompamcd by a sketch of thc legal description. Both the legal description and sketch are Io be signed and sealed b)' a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the tqorida Professional .%urveyor and Mapper. g) A copy of thc recorded subdivision plat. (Available from the Clerk of Court Recording Department on the 4* Floor of Braiding F at the Government Center). h) 'Letters of No Objection" from all pertinent utdity compames or authorized users of thc easement and/or dedicated public area. Such letters may include but shall not be limited to the following: Colher ¢"ounty I}t~htics Colhcr County Engineering Review Scrv~ecs Collier Count)' Transportation Department Collier County Water Management Electric Company Telephone Company Cable Television Company Colher ('ounty Sheriff's Office }/omenwner's Association Rescue and Fire ('ontrol I)istnct AdJacent property owners Thc letter sent ~o thc utdity compamcs and authorized users requesting a "Lctt~ of No Objection" shall contain thc statement "I have no objection to thc proposed vacation"' at the bottom of the letter with a s~gnaturc block dtrectly below it. Ifa replacement casement ~s reqmred by Colher County, the following shall be submitted: Legal description anti sketch of what is to be dedicated signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Professional Surveyor and Mapper. Attorney's t:tlc opmlon or Ownership & encumbrance Report by a title company (current). Executed conveyance document. Executed subordination documents. Planning Scrv:ccs wdl rc',icw thc petition for completeness and compliance with this Resolution. Planmng Services wdl prepare an appropriate cxecut~,~c summary and resolution and transmit both documents to thc C'ounty Attorney's Office for appro','al. After approval, thc petition will be filed with thc Clerk to the Board with a request for a time and date for an agenda item. Altachmen! Page 2 of 4 16Al Once the time and date of the agenda item are established, the Clerk to the Board shall publish legal notice of the heanng in not less than two weekly issues ora newspaper of genoral circulation in the County. The petitioner and all property owners within 250 feet (and others as may be required by Planning Sc'rvices) of thc requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of the agenda item, by regular mail. If the number ofproporty owners within two hundred fifty feet (250') exceeds twenty (20), petitioner shall incur an additional postage and handling charge of fi fly cents ($.50) per additional property owner, if the County receives an objection or anticipates an objection to the vacation request, then the agenda item shall be scheduled under advertised public hearings in the BCC Agenda. In the event that the o',',~er for the property tn question docs not represent himself at the BCC meeting, he must provMe a slimed letter or other appropriate documentation which authorizes another specific person to rcprcsent him. 'Ibc County ('ommsssmn ma)' adopt a resolution vacating plats in whole or in part of subdivisions in the C 'ounty. returning the property covered by such plat~ either in whole or part into acreage. A cerhfied copy of any approved resolution shall be recorded in the public records of Collier County. Thc processing of th~s petmon shall coincide, where applicable, with the processing of such other platting or land u~ change apphcations proposed for the ~me property with regard to submissions of apphcatlons, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. Attachment Page 3 of 4 Date Received: Attachment "B' PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: 16Al Petitioner: Address: Clty/State: Agent: Address: City/State: Address of Subject Property: Location: Section Township Legal Description: Lot Block Reason for Request: Telephone: Zip Code: Telephone: Zip Code: Range. SubdlvLslon: Unit Plat Book Page(s). Current Zoning:. Does thls affect density? I hereby authorize Agent above to represent me for this petition: [] Yes [] No Signature of Petitioner Date Print Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdisided I.and" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning .~rvices Department 2800 North IIorseshoe Dr. Naplea, Florida 34104 (I) If applicant is a land trust, Indicate the name of beneficiaries. (2) If applicant Is a corporation other than a public corporation. Indicate the name of officers and major stockholders. (3) If applicant Is a partnership, limited partnership or olher business entity, indicate the name of principals. (4) List all other owners. Attachment "Fi' Page 4 of 4 Attachment "C' POLICY AND PROCEDURE FOR TIlE EXTINGUIStlMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN TIlE PUBLIC RECORDS (CONVEYANCES OTitER TIIAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLAi ! ED LAND, EXCEPT FOR PUBLIC ROADS. A. AUTtlORITy: Scctmns 125.01 and 125.37. Florida Statutes. Rcqucsts will be granted as long as the pubhc benefit is established or no public detriment ts established. The Bo~d of C'ounty Commissioners may: Extmgmsh. vacate, abandon, dtscontinue, and clo~e any easements, or any portion thereof, granted to the County or public by any Instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest ~s granted to the County or public by any instrumonl recorded in the public records other than on a subdivmion plat. q)mtcla~m, renounce, and disclaim any right of the County and the public in and 1o any land, or interest the~em, acqmred by purchase, gift. devil, dedication or prescription for drainage, utilities, access, maintenance, preservation, or conservation or other public purposes; when such interest is granted to the County or public by any instrument recorded in the public records of Collier County other than on a subdivision plat. A petition for thc cxlmgmshmcnt of County dedicated casement on unplatted land or platted land is to he submmed to Planmng Scp.'lces on the form attached. The petition must he accompanied by a filing lee of one thousand d.llars 2. ]'he pehtloner mu,.t also pro'.qde: aI Evsdence to show that the petitioner owns the fee rumple t~tle to the whole or that part of the parcel on v.h~ch a pubhc dedicated easement ~s sought to be extinguished {FEE SIMPLE DEED). bJ A copy of thc d~z:umcnt u.h~ch granted, conveyed or dod ca ed the casement interest to the Count)' or the pubhc Anachm~nt "¢" Page I of,d 16Al ' Certificate(s) showing all State and County taxes have been paid for the subject parcel. (Available from the Colher County Tax Collector's Office. Building C-I, in the Government Center). d) Assessment Map. (Avadablc from the Collier County Property Appraiser's Office, Building C-2, in thc Government Center). e) Site Plan - the site plan must be on 8 '/~" X I I" paper with an adequate scale showing all data pcr~incnt to thc proposed extinguishment, v,'hich shall include at least the following: ( I } Date of drav, mg (2) Scale (3) North arrow {4) Locations and d~mens~ons of property lines, abutting mghts-of-way, easements, setbacks, off- street parking, proposed and/or existing structures, and any proposed landscaping. (5) Locatmn of proposed extinguishment and, if applicable, proposed dedication. Legal descrtptmn of what is to be extmguisbed submitted on 8 Vf' X I I" paper ~s Exhibit "A". This legal desenptmn ~s to be accompanied by a sketch of thc legal description. Both the legal description and sketch arc tn be s~gncd and sealed by a Florida Professional Surveyor and Mapper and have a 'Trcpared by" block hst~ng thc name and address of Ihc Florida Professional Surveyor and Mapper. "l.ctlcrs of No Objccl~on" from all perl~nent utility companies or authorized users of thc ~ment and/or dedicated public area. Such letters may include but shall not be limited to the following: (I) Colhcr County Utfimcs (2) Collier County Engineering Review Se'p,'~ccs ~3) Collier County Transportation Department (4) Collier County Water Managemenl rS) Electric Company ~'6} Telephone Company (7) Cable Television Company (8) ('oilier County Shcri~s Ofl'~ce /9} Itomcowner's Association 'I~ letter sent to thc utility companies and authorized users requesting a "Letter of No Objection" shall contain thc statement "1 have no objection to the proposed vacation' at the bottom of tho letter with a s~gnaturc bh)ck d~rcctly beh)w ~t. h) ['o thc extent apphcablc, x~here thc pctstioncr desires to exchange his/her interest with that interest dedicated to thc ('ounty. thc requirements and pnx:edures of§125.37, Florida Statutes, and the Colher County Utfimes Standards and Procedures Ordinance No. 97-17 shall be utilized as practicable and legally required. The lbllowing shall be submitted: ( I ) l.cgal descnpt~m and sketch of what ts to be dedicated signed and sealed by a Florida I'mfessmnal Surveyor and Mapper and have a "Prepared by" block listing the name and address of thc Florida Profcssl.nal Y, urvcyor and Mapper. ¢2~ Attornc.v's l'~tle ()proton or Ov, nersh~p & Fncurnbrancc Report (current). {3) Executed c,)nvcyancc dtz:umcnt (4) Executed subordmalum documents. Anacluncm "C' Page 2 of 4 Planning Services ',viii review the petition for completeness and compliance with this Resolution. Planning Services will prepare an appropriate executive summary and quit-claim deed and send both documents to the County Attorney's Office for approval. After approval, the petition will be filed with thc Clerk to the Board with a request for a time and date for an agenda item. In the event that the owner of the property in que'stion does not represent himself at the BCC meeting, he must provide a signed letter or appropriate doeutfientation which authorizes another specific person to represent him. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such extinguishment shall occur at the same meeting at which time the re-use application is reviewed by the Board of County Commissioners. Attachment "C' Page 3 of 4 Attachment "C' PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATrED LAND, EXCEPT FOR PUBLIC ROADS Date Received: Petition #: Petitioner (Owner): Address: CiD'/State: Agent: Address: City/State: Location of Subject Property: Location: Section Township. Official Record Book __ Page ts). Legal Description: Range Current Zoning: Telephone: Zip Code: Telephone: Zip Code: Does this affect density?__ Reason for P, equest: I hereby authorize Agent above to represent me for this petition: [] Yes [] No Signature of Petitioner Date Print Name (Title) Please see "Policy and Procedure for the Extiogulshment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indlcate the name of principals. (4) List all other owners. Attachment "C" Page 4 of 4 1. BB3 ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES MANAGEMENT CONTRACT BETWEEN CAKY L MOYER, P.A. AND COLLIER COUNTY, DATED OCTOBER 6, 1992 THIS ASSIGNMENT is made this/?~day of ~, oo~.t...~/M~, 1998, between Gary L. Moyer, P.A., ASSIGNOR and Severn Trent Environmental Services, Inc., ASSIGNEE, RECITALS WHEREAS, ASSIGNOR and Collier County had previously entered into a professional services management contract dated October 6, 1992 (the "Agreement"); and WHEREAS, the ASSIGNOR desires to assign the Agreement to the ASSIGNEE and the ASSIGNEE desires to accept the assignment and assume the responsibilities thereunder. WITNESSETH: NOW, THEREFORE, in consideration of tire sum of ten dollars and 00/100 ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, the ASSIGNOR hereby assigns and transfers to the ASSIGNEE, and its successors and assigns, all of its right, title and interests in and to the Agreement, and the ASSIGNOR hereby agrees to and does accept the responsibilities of the ASSIGNOR under said Agreement. ASSIGNOR expressly assumes and agrees to and does accept the assignmenl and in addition, exprcssly assumes and agrees to keep, perform and fulfill all temts, covenants, conditions and obligations required to be kept under said Agreement by the ASSIGNOR. This Agreement shall be binding on and enure to the parties hereto, and their successors and assigns. This ASSIGNMENT was executed the day and year first written above. WITNESSES: ~.Signature Jamco P. Yard Pnnted,'Typed Name (2) Signamre Katherine V. Selchan Primed/Typed Name ASSIGNOR: GARY L. MOYER, P.A. Print Name and Title 1683 Signature Pr!pted/T~ped Name (2) ///~/~ Robert A. Ostrander Prinled. rFyped Name ASSIGNEE: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Meg Watel Vice President Print Name and Title Consented to this/~z:~day of ~o.~a.-~,.~ ,1998. ATTEST: ' .- .DWIGHT E. BROCK~ Clerk Attest as to Chatr~'$ si~naturm onl$. Approved as to form and legal sufficiency: Mdic~i F. Ashton ' ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA S ~t~ARA~B. B E~.R~ff~ Chai~anX~ (corporate seal) 16Gl BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 17, 1998 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. October 26 - 30, 1998 3. Minutes: A. County Government Productivity Committec Minutes of October 21, 1998 4. Other: Lake Trafford Restoration Task Force Special Meeting Minutes of October 23. 1998 Letter of October 30, 1998 from Dwight E. Brock, Clerk of the Circuit Court to The Honorable Barbara Berry regarding a Statement of Revenue and Expenditures for year ended September 30, 1998. Letter of October 30, 1998 from Claude A. Haynes, Deputy Tax Collector to Mr. Robert F. Milligan, Comptroller of Florida, regarding compliance with Florida Statues Sections 1603, 218.32, and 218.36. Letter of October 30, 1998 from Abe Skinner, Collier County Property Appraiser to Collier County Board of Coun~ Commissioners regarding Collier County Property Appraiser's Annual Report for year ended September 30, 1998. AGENDA LTEM NOV 1 7 1998 Pg._ I D~te: I 1:4/1998 To: Sue Filson Adminis~tve Assistant/BCC From: Robert W. Byme, CMA '~ General Operations Mamger/Clerk's Finance Deparm~ent RE: Board of County Commissioners Disbursements Please find enclosed the disbursements for the Board of County Commissioners for the period October 26 through October 30. 1998. In accordance with Florida Statutes, Chapter 136.06(1 ), we v, ould request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the record fyou ave an,,, questions ~'egarding thts matter, please telephone mc at 774.8481. Thank you for your cooperation. RWB Attachments BCC PAYROLL MANUAL WARRANT LOG 10/28/98 Steven Burns 114.29 10/29/98 Maria Broome 487.51 10/30/98 Michelle Johnssen 181.02 10/30/98 Shirley Eilers Ray 650.49 195482 195483 195484 195485 Termination Regular Time Regular '13me Regular Time BCC VENDOR MANUAL WARRANT LOG DATE NAME 10/26/98 U.S. Postal Service 10/27/98 Holiday Inn - Orlando AMOUNT 16,000.00 72.00 470407 47O408 Postage Hotel - Farris & Riesen County Government Productivity Committee Meeting Minutes October 21, 1998, 4:00 P.M. .Members Present 0 1998 rec'd copy Absent Commissioner Mac'Kie Bill Neal X Karl Otto X Bob Cahners William Ebben Edward Ferguson X Charles Getler X Robert Laird Charles Moss Wol~ang Schulz X John Stockton X X X X X X Staff Present Gar).' Vincent Robert Fernandez Bill Neal opened tile October 21, 1998 meeting of the County Government Productivity Committee (PC) at 4:00 P.M. Ne'e,' Business Charles Swain, Director of Internal Audit in the Clerk of the Court agency, introduced himselfand Linda Millar from his office. He explained that he wasn't able to attend all the PC meetings during the past year because of the workload in his office. He described the function of the Internal Audit Office (IAO) and offered to provide a copy of it's FY 99 work plan to the PC. He suggested that his office and the PC could assist each other and cooperate on projects when applicable. Mr. Swain explained to the PC that he worked lbr the Clerk of the Court and that be had the authority to audit any department v.'ithin the Clerk's agency and any department under the Board of County Commissioners (BCC). Bill NeaI explained to Mr. Swain that the PC was appointed by the BCC and worked on projects as directed by the BCC and the County Adminislrator. He also stated that the PC would need approval from tile County Administrator or tile BCC to work on projects in conjunction with the Clerk's iAO. Bill asked Bob Fernandez to comment on tile roles oftl~e PC and the IAO and the concept of the two groups working in conjunction with each other on certain projects. B~;~[~8~e$: that the two groups each have separate and distinct functions that should not be Item# combined. Hc explained that the role of the PC is to help him and the BCC determine if Count)' staff is prox iding appropriate services to the citizens of Collier County in the most effective and efficient manner possible. He feels the expertise and experience Ievel of thc members of thc PC make them idcal!,y suited to looking at the "Big Picture" and studying county departments to reduce duplication of effort and improve delivery of The CoLlate' Administrator views the IAO's role as being much more focused on fiscal accountability. 'rile IAO conducts audits to determine if departments are collecting and dispersing funds accurately and in accordance with applicable laws, and to determine if thc appropriate control mechanisms are itl place to ensure fiscal accountability. Tile Count.'.' Administrator added that tile IAO is perceived to be an external reviewer of county operations, whereas the PC is viewed more as a internal oversight committee working to improve tile services provided by the County. Bill Ncal added that the PC has worked very hard to earn the trust and confidence of the county staff within tile departmcnts and doesn't want to do anything that would jeopardize tile level of cooperation they have achieved. Old Business Ed Ferguson reported that tile Personnel Evaluation and Compensation Plan subcommittee, consisting of himself, Bill Ebben. John Stockton and Wolfgang Schulz, met with the Count.'.' Administrator, Jennifer Edwards (Human Resources Director) and Jerrc Salmon ISr. HR Analyst) to gather information and discuss the project. A draft report will be available soon. Susan Pareigis. Executive Director of the Economic Development Council (EDC), presented a draft of thc council's annual report and business plan. She will provide a final copy ,.'.'hen it is approved by their Board of Directors. John Stockton requested that the EDC respond to Marie Delgado's initiaI draft report on County's Economic Development and Diversification Plan. Ms. PareJgis stated that she welcomed the opportunity to respond. Bill Neal asked tile committee if they each received a copy of Marie Delgado's resignation letter. All the members present had received a copy. One of the committee members suggested that Mr. Delgado had a separate agenda while conducting the study on Economic Development and Diversification and the committee agreed. Bill Ncal stated emphatically that tile PC cannot have its own agenda. Tile PC works at the direction of the BCC and must relnain within the scope of the assigned project. John Stockton suggested that belbre tile PC begin a project, they develop a well defined scope and present it to thc County Administrator Ibr his concurrence. The committee agreed. Bill Neal stated that Marlo had worked ve~' hard on tile Economic Development and Diversification project and should be recognized for }lis efforts. He offered to draft a response to Mario's letter of resignation. The County Administrator reported that he was in the process ofdeveloping a project list with tile assistance of his Division Administrators. He stated that he would provide tile list to the PC after he presented it to tile BCC for their approval. Bill Neal stated that the committee should schedule follow-up studies of the Purchasing System Review, Budget Process Review, and the Master Plan/Jail Study projects. He felt these projects should be given a high priority. The PC wants to detcrn'fine which recommendations were implemented and evaluate how effective the implemented recommendations have been. Mr. Fernandez directed Gary' Vincent to schedule the Office of Management and Budget to provide a presentation to the PC on tile status of the Budget Process. Tile minutes of the September 14, 1998 meeting were unanimously approved. Tile meeting adjoumed at 6:05 P.M. Tile next meeting will be Wedoesday, November 18'~, at 4:00 P.M. in the County Administrator's Conference Room. Commissioner Barbara Berry Commissioner Timothy Hancock Commissioner Jolm Norris Commissioner Timothy Constantine Robert F. Fernandez. County Administrator Mike Smykowski. Budget Director Jack McKenna. Chairman Emeritus 3 16Gl 0[.. '.9 ? C 16Gl 16Gl 0ct-20~98 04: 17P Pollution Control POLLUTION CONTROL PHONE(941) 732- & PREVENTION DEPARTMEN 2502 FAX (941) 7'3:~-:~5ST:~t¥ !-r=~'~S'~c:F, qrq FACSIMILE TRANSMI'fTAL SHEET Coemtiaaloner Berry G. Gcotgc ~t~z DAT~2 Omob~ 20, 1998 Collier County Govern~nt (941) 77n- 3602 3 (941) 774- 8097 (941) 732- 2502 1 ~ Trdfo~J Bzstora6on Task Force Spt6al Mce6ng I_~K~. TKAF~OKD RESTORATION TASK FORCE SPECL~L bf~zr:-Tl NG October 23rd ~t 10:00 tm. Big Cypress Bmsin Board- Conferencc Room 6089 Janes Lane Naplcs, Hodda 34109 FOCUS "Dcbridmg' Pleasc call G. George y'~lrr, az at (941) 732- 2502 or Oarcnce Tean at (941) 597- 1505 if you have my qucsdons. Norris l" Hancock Constantine mac'Kle ~ / Berry Misc. Corrm Date: I.////T/9~ Item/~ ~pies To: 0¢t-20-98 04: 17P Pollution Control 941 732 2674 P.02 LAKE TRAFFORD RESTORATION TASK FORCE MEETrNG October 23, 199~ (~ 10:G0 Big Cypress B~gn Cnm'crc~ce R~om 1 Roll Call 2. Approval of Minutes 3. Old Business A. Updalc~ · BCB/USGS C~opcmfive Lalu: Tmfford Water Quality Monitoring Program LC gi~lative Initiative · Wildlife Foundafioa Eh. md - Annic/Fmnk Educational Activifie~ -Annic · WcbSite-Erlc · Environmental Rcsource Pcrmit Application · Dude County Grant Proposal - Frank · Land Appraisal p.rm:c~ o Clarence · Friead$ o£ Lake Tr',ffibrd I. Clyde Butcher Dinner II Clyde Betehcr Pholo Shoot New Business ^. Tourist Developmem Council Prc~cntatJon to BCC B. C.O.E Agreement- Clarence 5. Other Busincsi 6. Adjournment Oct-20-g8 04: 18P Pollution Control yllmaz_g From: yllrnaz_g Sent: Tuesday. October 20. 199810:19 AM To: mihalic_g Subject: L~-F Hetlo Grog; Lake Traffo~d Task Force has requested the foilO~l-~ information ff posab~e; 1) Schedule for BCC: Place: BCC Board Room Ag~tr~a PacKage and Date Pre~ented; 2) Fur~s availa~e Next t~o yeem Next three years Next two yea~s after all beach restoration fur, ct reque~s T~nkyou... As always thank you for your aS~stance. 941 732 2674 P.03 16 1 Dwt~ht E. Brock Clerk October 30. 1998 County of Collier CLERK OF THE CIRCUIT COURT CIRCUIT COURI COUNTY COURI COUNTY RECORDER CLERK BOARD COUNTY COMMISSIONERS .. ,~,n, r~C'd copy The Honorable Barbara Berry Chairperson, Board of Coumy Commissioners 3301 East Tamiami 'Frail Naples, Fk 34112 Dear Commissioner Berry: Pursuant to Section 218.36, Florida Statutes, enclosed you will find a statement of revenue and expenditures of the Clerk of the Circuit Court for the year ended September 30, 1998. The check is for $2,707,937.96 and has been remitted for deposit to the Board's General Fund. Of this amount, $2,682,048.11 is unused revenue from the Clerk oftheCircuit Court. These dollars are now available for the general operations of the county. The remitta~cc oFthis 52,682,048.00 i~ mmsed revenues is madt: possible by the diligent efforts ora very professional and dedicated staffin the Fulfillment of their responsibilities for the Clerk's 926 different functions. Each of the individuals working on the Clerk's staffhas endeavored to minimize the impact of this office on the taxpayers of Collier County while providing them with the highest quality service possible. I wish to thank all of these people who have worked so bard in making the Clerk's office efficient and effective. DEB/sb Enclosure Copy w/Encl. To: The Honorable Timothy J. Constantine The Honorable Timothy L. Hancock The Honorable Pamela s. Mac'Kie The Honorable John C. Norris Misc. Cortes: Item# Copies To: DWIGHT E. BROCK CLERK OF CIRCUIT COURT ' NAPLES, FLORIDA 99000371 g/~:I~B-~EVH~U~ - CLK l:/Z?/98 99000372 AOD'L ~EVENU~ J/~7 IO/ZZ/98 ~,487.71 0.00 6,487.7 1'/~9/98 '.,. October 30, 1998 COLLIER COUNTY TAX COLLECTOR Mr. Robert F. Milligan Comptroller of Florida The Capitol Plaza Level 9 400 South Monroe Street Tallahassee, Florida 32399-0351 Dear Mr. Milligan: Enclosed are the necessary forms in compliance with sections 1603, 218.32, 218.36, Florida Statutes. Constitutional Officers Financial Report for 1997-98 Form DBF-AA-405. Combined Statement of Position Form DBF-AA-402 All fund types and Account Groups Fund Group Form DBF-AA-403 Revenues and Expenditures/Expenses Copies of the enclosed form have been given to the independent auditors for consolidation purposes and the Board of County Commissioners. Very Truly Yours, Claude A. Ha(~fies, Deputy Tax Collector Collier County, Florida GLC/pas cc: Hon. Barbara Berry, Chairman, Board of County Commissioners Hon. Dwight Brock, Clerk of Courts Mr. Russell Baker, Schultz Chaipel & Co. L.L.P. COUR~SE*BL[X~. C-1 FLORIDA 341124997 Misc. Cortes: Date: tt/rT/q~ Item# Copies b ~ ° ..I W -J -J 0 Z LU Z z B~ °~z~ I'- Z LU Z 0 UJ 16Gl -J ..J © UJ FUND GROUP REVENUES AND EXPENDITURES/EXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR ID NUMBER:69-0500244 REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only Account No. Obj~t Descd_ption 341.801 341.803 341.810 341.820 341.840 341.850 341.860 341.880 361.100 364.100 369.100 369.200 369.900 OCCUPATIONAL LIC FEES HUNTING & FISHING LIC MOTOR VEHICLE REG FEES VESSEL REG. FEES STATE COMMISSION COUNTY COMMISSIONS DISTRICT COMMISSIONS DELINQUENT TAX COMM INTEREST DISPOSITION OF SURPLUS PROPERTY RETURNED CHECK FEES OTHER REVENUE - DEPARTMENTAL OTHER REVENUE ~ MISCELLANEOUS Amount 106,334 59,942 899,526 70,880 360 5,559,026 804,936 49,724 89,545 8,142 4,114 10,949 82,115 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (CONTINUED) 7,745,593 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR REPORTING FUND GROUP: EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object Description 513.10 513.30 513.60 PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY ID NUMBER:69-0500244 Whole Dollars Only Amount 3,134,474 932,711 1,043,923 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. 5,111,108 COLLIER COUNTY PROPERTY ' ABE SKI,NNER, ~CFA. ~ 16Gi October 30, 1998 Honorable Members of the Board Board of County Commissioners Collier County Collier County Government Center Naples, FL 34112 Dear Members of the Board: Please find attached the Collier County Property Annual Reports, for the year ended September 30, Yours very truly, Abe Skinner, CFA Collier County Property Appraiser Appraisers's 1998. AS/gr Att: Misc. Cortes:. Item# Copies To: MEMBER: FLOR~DA ASSOClA TId~V OF PROPER TY APPRAISERS .INTERNATIONAL AS..cCCIA TION OF ASSESSING OFFICERS 3301 Tamiami Trail East .Building C-2 .Naples. FTorida 34; 12-4996 .(94 I) 774.814 ! .Fax: (941) 774.2071 ~ ° ~Z FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1997-98 COLLIER COUNTY PROPERTY APPRAISEF ID NUMBER: GENERAL REPORTING ENTITY: REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (311.00 THROUGH 390.00) Account No, Description 3 4 1- 8 0 4 TAX COLLECTOR FEES 3 4 1 - 9 0 1 INDEPENDENT TAXING DISTRICT-COMMISStONS 3 6 1- 9 0 1 ~NTEREST 3 6 9- 9 0 1 OTHER INCOME- XEROX FEES 3 6 9- 9 0 2 OTHERINCOME-COMPUTERFEES 3 6 9- 9 0 3 OTHER INCOME-MISCELLANEOUS 3 8 0- 0 0 1 BOARD OF COUNTY COMMISSIONERS- COMMISSIONS TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FORM DBF.AA-403 1 (REV.6/7/94) 11 WHOLE DOLLARS ONLY Amg~n~ $ 56 282,505 6,497 6,385 19.437 347.966 2,600,923 $ 3,263,769 FUND GROUP REVENUES AND EXPENDrlTURES/EXPENSES 1997-98 REPORTING ENTITY: COLLIER COUNTY PROPERTY APPRAISER REPORTING FUND GROUP: GENERAL EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object Des¢flption 5 I 3 1 0 PERSONAL SERVICES 5 I 3 3 0 OPERATING EXPENSES 5 I 3 6 0 CAPITAL OUTLAY 5 1 3 7 0 DEBT OUTLAY ID NUMBER: 11 WHOLE DOLLARS ONLY Amount S 2,311,517 577,871 120,128 o $ 3,009,516 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (REV.6/7/94) 16H1 Date: To: From: November 17, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department United States Department of Justice Federal Equitable Sharing Annual Certification Report Enclosed please find for your use, one original document as referenced above, Agenda Item 16H1, approved by the Board of County Commissioners on November 17, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure FEDERAL Afqb~UAL CERTIFICATION REPORT Agency: _ C~llier County NCIC Code: FL0110000 Your Fiscal Year Ends on: Sheriff, s Office Address: 3301 Tamiami Trail East. Buildimq J Naples, Florida 34112 (S b'e et/CibflSta{e.,'Zip) Contact Person: , Attorney Danny Shr~er 9/98 (Montr~fe ar) Telephone: 941-793-9292 Fax Number: 941-793-9195 Bank Routing Cede and Account Number for EFT Pu~oses: N/A Check one: C] Police Dept {~ Sheriff Dept n Task Force [3 Prosecutor's Office n Other 1. Beginning Equitable Sharing Fund Balance (your fiscal year) 2. Federal Shadng Funds Received (dudng your fiscal year) 3. interest Income Accrued 4. Total Equitable Shadng Funds (total of items 1 - 3) 5. Federal Shadng Funds Expended (total of items a-i below) 6. Equitable Sharing Fund Balance (subtract item 5 from item 4) Justige Funds Treasury Funds $ o $ o $ 360,737 $ 0 $ 902 $, 0 $ 361,639 $ 0 $ ~61,639 ) $ ( 0 ) $ o $ o DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS a. Total spent on salaries (see Treasury and DOJ Guides) b. Total spent on informant payments c. Total spent on travel and training d. Total spent on communications and computers e. Total spent on firearms, weapons, body armor f. Total spent on electronic surveillance equipment g. Total spent on building and improvements h. Total spent on other law enforcement expenses (attach list) i. Total pass through (attach list of recipients) $ 0 $ 0 $ 0 $ 0 $ 193,924 $ 0 $ 167,715 $ 0 S 0 $ o $ O $ 0 $ 0 $ 0 $ 0 Total annual law enforcement budget for your jurisdiction for current fiscal year k. Total annual budget for non-law enforcement agencies for current fiscal year I. Total annual law enforcement budget for your jurisdiction for pdor fiscal year m. Total annual budget for non-law enforcement agendes for pdor fiscal year $ 55,328,000 N/A 53,629,800 $ N/A Don Hunter (Pnn~ or Type name) Law En~'orcernent Agent7 H~ or Oes. ignee Sheriff Sigr"ature~4'~ '1-~ (Pnnt or Type) 10/30/98 KTI'EST; Barbara B. Berry (Pdnt or Type name) Date C~er~ e~<~'~r Dq~ee 16H1 Federal Annual Certification Report - Attachment Collier County Sheriff's Office 3301 Tamiami Trail East, Building J Naples, Florida 34112 NCIC Code: FL0110000 Fiscal Year: 9/98 DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS h. Total spent on other law enforcement expenses detail list: Crime Prevention Programs matches 3. 4. 5. Total to Federal Grants: Byrne-SHOCAP #98CJ8C092101060 #98CJ6J092101201 Byrne-Gang Unit #98CJ8C092101061 #98CJ6J092101202 DOT-DUI Enforcement Project #J798060601 DOJ-Local Law Enforcement Block Grant '96 -eqmt. #96LBVX0858 DOJ-VOCA #V7002 $56,779.48 $25,519.25 $43,587.39 $27,981.00 $167,715.25 jh/a:feapl 10/30/98 1 6H2 Date: To: From: Re: November 17, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Local Law Enforcement Block Grants Program Award from the U.S. Department of Justice Enclosed please find for your use, one original document as referenced above, Agenda Item 16H2, approved by the Board of County Commissioners on November 17, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [ 10JP [] BJA ~ OJJDP CUECK APPROPRIATE BOX GRANTEE NAME AND ADDRESS (I.¢luding Zip County of Collier 3301 Tarniami Trail East N~olcs. FL 34112 IA. GRANTEE IRS/VENDOR NO AWARD i~ COOPERATIVE AGREEMENT 4. AWARD NUMBER: 98LBVX4249 5. PROJECT PERIOD: FROM 10/01/1998 BUDGET PERIOD: FROM I0/01/1998 596000561 6 AWARD DATE 9/30D8 1 6H2 PAGE I OF $ TO 09~30/2000 TO 09/30~2000 7. ACTION [~ Initial {~_--! Supplemental 2. SUBGR. ANTEE NAME AND ADDKESSHncloding Zip Code) 8. SUPPLEMENT NUMBER 2A. SUBGKANTEE IRS,%'ENI)OR NO. 9. PREVIOUS AWARD AMOUNT $ 0.00 ~. PROJECT TITLE ...... ~-i~)7~Ot7~N'T OF riiis- ,~vARD ........ Loc~ Law Enforcement Block Grants Program - FY 199g ! , [ [ TOTAL AWARD $366,90~ [2. SPECIAL CONDITIONS (Check. if applicablcl f~I~/E ABOVE GRANq' PROJECT IS APPROVED SUBJECT TO M;CI! CONDI FLOSS OR LIMITATIONS AS ARE SET FORTll ON THE ATTACIIED a PAGES 13. STATUTORY AtFI'IIORITY FOR GR~\NT Approved s.s to [.~ TITLE I OFTIIEOMNIBUS CRIME CONTROL ANDSAFE STREE/S ACT OF 196g !~1~ 42 D.S.C 370L ET. SEQ. AS AMENDED Jia~Lmat Cou~t.t Xttor~e7 ~_~ T1TLE 2 OF TltE iUVENiLE iUSTICE AND DELiNQUENCY PREYEN~rIoN ^CT O[ 1974 12U.S.C 5601. ET SEQ. AS AMENDED ~'~ VICTIMS OF CRIME ACT ()F tgg4.42 US C 10601. ET SEQ. PUBI.IC [.AW 08-473. Ac, AMENDED 15. METHODOF PAYMENI Omnibus Appropriations Act of [998 (Public Law [054 19) N/A N/A N/A TYPE OF FUNDS: TYPEOrFL~Oi:--___ ' - 5' _ YES NO TIlE GRANTEE WILL RI!CEIVE CASII VIA A LETTER OF CREDIT U L~J ......................................~;;ar~. AGE?~C ~' A~PRovk[. 16. TYPED NAME AND TITLE OF APPROVING OJ P OFFICIAL Nancy E. GiSL Dircctor 17. SIGNATUI~. C'~ APPROVEqG OIP OFFICIAl. 20. ACCOUNTING CLASSIFICATION CODES FISCAL ~ BUD DIV ~R CODE A~. OFC. ~G SUR ~MS ~ ~ LI ' ~0 ~ ~ LE 5-87) PREVIOUS EDITIONS-ARE OBSOLETE ' I g. TYPED NAME AND TITLE OF AUTIIORIZED GRANTEE OFFICIAL [ ig.~NATUREOFAUTHOP~DGP.~rrEE . [ [9A. DATE AGENCY'U U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [] OJP [] BJA~ OSJDP CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET [] GRA~r ] COOPERATIVE AGREEMENT PROJECT NUMBER 98LBVX4249 AWARD DATE 9,30/98 6H2 ' PAGE 2 OF 5 SPECIAL CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Offce of Justice Programs (OJP) Financial Guide. The recipient agrees to comply with the organizational audit requirements of the applicable OMB audit circular. The first audit report period should be for September 1, 1998, to August 31, 1999. The management letler outlining audit findings, submitted by the auditing organization, must be submitted with the audit report. Grantee audit reports must be submitted no later than thirteen (13) months after the close of each fiscal year during the term of the award. Recipients who receive 5300,000 or more in Federal funds during their fiscal year, are required to submit an organization-wide financial and compliance audit report. Recipients who receive less than $300,000 in Federal funds, are not required to submit a program or organization-wide financial and compliance audit report for that year. Note: If your audit disclosed findings or recommendations you must include with your audit repork a corrective action plan containing the following: 1) 2) 3) 4) The name and phone number of the contact person responsible for the corrective action plan. Specific steps ~ken to comply with the recommendations. Timetable for performance and/or imp[ementafion dates for each recommendation. Descriptions of monitoring to be conducted to ensure implementation. The submissions of audit reports for all grantees shall be as follows: 1) Mail original and one (I) copy of the completed audit report to: U.S. Department of Justice 2) Mail one (I) copy of the compleled audit report to: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jcffcrsonville, IN 47132 3) Mail a copy of the Cover (transmittal) letter to: Office of the Comptroller Office of Sustice Programs Arm: Control Desk, 5th Floor- Audit Division 810 Seventh Street, NW Washir, gmn, D.C. 20531 OJp FOIUst/2 (REV. 5-87) PREVIOUS EDFI'IONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION SHEET PAGE 3 OF ~ SPECIAL CONDITIONS The recipient shall submit one copy o fall repons and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (wriBen, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsleners, and issue analyses.) "This project was supported by Grant No. 98LBVX4249 awarded by the Bureau of Justice Assistance. Office of Justice Programs. U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The recipient agrees to provide information required for the national evaluation. The recipient agrees to provide S40,767.00 over the grant period in a cash match. The recipient is reminded that the match fi.mdg are auditable under Special Condition #2 and will be binding to the recipient. The recipient agrees to submit, at a minimum, semi-annual reports on its programmatic activities. The tint programmatic report will be due on July 3 I, 1999, covering the period of Omober, 1998 - June. 1999. The next report will be due on January 31,2000, and cover the period of July, 1999 - December, 1999. The next report should cover the next six month period and is due thh'~ (30) days after the end of the six month period for the term of the award. A final report on the programmatic an~ivities is due 120 days following the end of the grant period. The recipient agrees to submit quarterly financial reports. The financial report is due 4.5 days after the end of each calendar quazxer. A final financial report is due 120 days following the end of the grant period. The recipient agrees to establish a must fund in which all payments received under this Program, including match, must be deposited. For the purposes of this grant, a t~ust fund is an interest bearing account that is specifically designated for this Program. Only allowable program expenses can be paid fi'om this account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grams Program. The recipient also agrees to obligam and expend the grant funds in the bust fund (including match and interest earned) during the 24 month term of the award. Grant funds (including earned interest) not obligated by the 24th month must be returned to BJA by the last day of the 27th month. 9 II. The recipient agrees to supplement and not supplant state or local funds. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in funds from the award being frozen, until such time as the recipient is in compliance. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpan A section 101 (a)(2), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadminisU'ative public safety service. OAe EORM/2 (REV. 5.S7) PREVIOUS EDITIONS ARE OBSOLETE '~ u-~. DEp^~,'r~E~rroF,us'ncE ~,WARD CONTINUATION :[ ~) H 2 SPECIAL CONDITIONS 12. ~ mcipicm ~c~s, i~Jhc ~nds ~rc used for thc hirin~ ~d cmployJn~ ofn~w, ndditionnl Inw ~nforccmcnt o~c~m ~d suppom pcmonnol. ~nt ~c unim of local ~ovcmmcn~ will cstnblish procedures to ~ivc mcmbcm o~ A~cd Forces who, on or nR~r Ocm~r J, 1990, w~rc or ~ s~lcctcd for involun~ scp~fion (~ d~scdbcd in socdon 1141 of Ti~l~ 10, United Sm~s C~), nppmvcd for scp~Jion under section 1174n or 117S of such tide. or rc~cd pursu~ to ~c nu~hod~ provided ~ion ~0~ of~c ~fcnsc Conv~mion, K~ws~cnt, ~d T~sifion Assis~c~ Ac~ o~ ID92 (division D of ~blic ~w 1024~4; 10 U.S.C. ID2] nme), ~ suitable prc~crcncc in ~c employment of pcmo~s ~ nddidonnl Inw cnforccm~n~ o~ccrs or sup~m ~cl. I ~. ~ ~cipJcnt n~s i~ ~n~ ~ u~d For cnh~cJn~ s~curi~ or cr~c pr~vcmion, ~nt ~c unil of I~nl ~ovcmm~nt - (n) h~ ~ ~cqu~ pr~c~ Jo ~s~ss thc imp~c~ of~y c~c~m~n~ ofn school s~cud~ m~urc ~nJ is undc~cn under s~bp~ph (B) oE~fion 101(riX2), or ~y ~c prevention pro~s ~n~ ~ ~s~l~d ~d~r sub~p~ (C) ~d (~) off.on 101(nX2), on ~c ~cidcnc~ of cdmc b ~c ~co~phic ~ whom ~c ~ccmcn~ is und~ or ~c pro~ is ~mblish~d: ~) will conduct such ~ ~scssmcnJ wilh rcs~c~ ~o c~ch such cnh~ccmcn~ or pro~: ~d (c) will submit to ~c Burcnu oE Jus~icc Assis~cc ~ ~nunl wri~cn ~ssmcm rc~m. 14. ~c ~cJp~t ~rccs ~hn~ prior m ~hc obligation ~d cxpcndimrc of~y L~I L~w EnforccmcnJ Bl~k O~ (LLEBG) nj I~t one (I) public hc~in~ will be h~ld rc~din~ thc pro~s~d .s~s) of~c ~J ~n~. ~c recipient will provide to BJA, ~ou~ ~ submission o~thc Follow-Up l~o~ion Fo~, info~nlion on ~hc coa~cn~ o~ h~. BJA will review · c fo~ for complete wi~ ~n~blin~ I~islndon ~d issue to ~ mcipi~m n G~ Adjus~cnt Nodc~ (GAN). Until i~cc o~c GAN, ~ rccipicm m~y not obli~8~ or cx~n~ LLEBG ~nds. AJ ~n~ h~n~ ~ns shrill ~ ~ivcn nn op~nJ~ m provide wdmca ~d omi views to Jh~ r~cipicm on ~c pm~scd usc(s) of~hc ~t ~nds. ~c r~ipicm will bold ~e public hc~ng at n time nnd place that ~]lows ~d cnc~mgcs public a~cndanc~ ~d p~icipation. , OJP FO~ (~V. 5-87) P~VIOUS EDITIONS A~ OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP [~ BJAI'-~ OJSDP CHECK APPROP~A TE BOX AWARD CONTINUATION SHEET ~ GRANT ~ COOPERATIVE AGREEMENT I PROJECTNUMBER 98LBVX4249 AWAR. D DATE 9;30/98 16H2 PAGE 5 OF 5 SPECIAL CONDITIONS 15. The recipient agrees that prior to the obligation or expenditure of any Local Law Enforcement Block Grants (LLEBG) funds, a designated or newly established advisory board will meet to discuss the proposed (purpose area) use of the grant funds. The rtcipient will designate the advisory board to make nonbinding recommendations to the recipient to the use of funds under the LL£BG Program. Membership on the advisory board must include a representative from the following, however it may be broader. a) the local police depanTnent or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and e) a local nonprofit, educational, religous, or community group aclive in crime prevention or dr~g use prevention or treatmenl. The advisory board must review Ihe proposed use of the funds under the LLEBG Program. The recipient will provide notification to BJA, through the submission of the Follow-Up Informalion Form, on the advisory board. BJA will review the form for compliance with enabling legislation and issue to the recipient a Gmat AdjusUnent Notice (GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds. 16. The recipient has certified it is in compliance with the Public Safety Officers Health Benefits Provision (section 615 of the FY 1998 Omnibus Appropriations Act) and agrees to remain in compliance during the life of the award. This provision requires the unit of local government which employs a public safety officer (as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result ora personal injury sustained in the line of duty while responding to an emergency situation or a hol pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as they received while on duty. ¸7. Criminal Intelligence Systems operating with support of Federal funds, must comply with 28 CFR, Pan 23, if the recipient chooses to implement this project. GRANTEE ACCEPTANCE OF SPECIAL CONDITIONS OIP FOR3vl/2 (P. EV. J-SD PRF'VIOUS EDITIONS APE ~9-~-(SLETE US. DEPART/viENT OF JUSTICE OFFICE OF JUSTICE PROGR.4~4S [] O,P ['~ BJA [] OJJDP [] BJS [-'-] NIJ ~ OVC CHECK ^PPROPRJ^TE BOX GFLRNT MANAGER'S MEMORANDUM, PT. 1: PROJECTSUMMARYA 6 H2 [] GR.~NT [] COOPERATIVE AGREEMENT PROJECT NUMBER 98LBVX4249 This project is suppontd under Titlc I of ~h¢ Omnibus Crime Control md Safc Sutcts AcL 42 USC 3701. as ~mcnded, This project is supported under Sc Juvcnilc Juslicc and Dclinquency P~vcmion Act of 1974 ,as ~uncn6cd 1. ST.,M:F CONTACT ('Nan.. add.ss & t~lcphonc number) Gr'm~s Administration Brznch LLE~G Dh, isio~ BJA I~0 7~ S~ NW. 4th Floor Ws~in~on, DC 20531 (202)305-2088 2. PROTECT DIRECTOR (Na~c.add,-ess & telephone number) Crystal Kinztl Finance Di~c'.m Count)' of Collier 3301 T~niami Trail Naples. FL 34112 (941 )793-9374 TITLE OF ~ PROGRAM Local Law Enf~ Block Grants Prog:am 4. l'J I LE OF PRO,fECT LocaJ ~ En four. chant Block Grmu Progttm. 1998 3b, POMS CODE LE 5. NAME & ADDR.~SS OF G P~Uq'TE E 6. NAME & ADDRESS OF SUBGRANTEE Cou~y of ColBer 15. SUMMARy DESCRJPTION OF PROJECT The LocaJ Law Enforcement Block Gr-an~ Prosr'~'n was authorized by the Omnibus Fiscal Yca~ 1998 Appropriations Act. Public Law 105-119 for the purpo~ of Ixoviding mils ofloc~ ~ovc~'nmo~ with funds to undcrv~i~ ixojects lo reduce c~me and imp/13Ye publk: S~'gty. T~e Bui~au ofStz~e A.~ss.,~lce will make dii't~ 8 Iwmds to u~Jts ofloc~ go~emmc, nt when ~,~'d amounts a~c a~ Ic~st $10.000 mbc ~ coosislcnt wid~ ~e sta~zto~ ~ pta'po~ ~'els spc~fied in section 10I(a) The Count)' of Collier has indicated ~ it imcnds lo dis~butc iLS Local L~w Enforcement Block Grants ~unds under t~c f'ollowinI p~rpos~ area¢s): (lc) Equipment S366.900 NC_./NCF OJP FORJH 4000/1 (REV. 4-88) PREVIOUS EDITIONS ARE OBSOLETE Office for Civil Rights September 30, I998 Barbara Berry County Board Chairperson Coun .ty of Collier Naples, FL 34112 Dear Local Law Enforcement Block Grantee: Congratulations on your recent award. Because you have submitted Certified Assurance that your agency is in compliance with applicable civil fights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.IL sec. 42.204, Applicants' obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes for~'ard. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if)here has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 7th Street, N.W., Washington, D.C. 20531. (1) If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) during this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance w/th Assurance No. 15, and as a recipient of $500,000 or more (or $I,000,000 in an 18-month period), and has 50 or more employees, the recipient must submit an Equal Employment Oppommity Plan (EEOP) within 60 days from the date of this letter to OCR at the address cited on page 1. Alternatively, the grantee ma)' choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and rem it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes a Certification Form and an EEOP Short Form) will assist you in completing this requirement. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOP'S GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERYIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP ItAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. Moreover, if the grantee is awarded $I,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR. Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR with. in 60 days. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. 2 16H2 Instructions for All Grantees: In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions ~g~inst discrimination in any funded program or activity. OCR may require all recipients, through selected compliance reviews, to ~bmit dam to ensure their services m'e delivered in an equitable manner to all segments of the service population and their employment (2) are in compliance with equal employment opportunity requirements. If you have any questions or need additional assistance, please call the Office of Civil R/ghts at (202) 307-0690. Sincerely, Inez. Al fo. nzo- .I:asso Director, Office for Civil Rights Enclosure (2) The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 3